APPROVED CHAPTER
JUNE 11, 2025 263
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 474 - L.D. 1143
An Act to Update Language on Setback Variances for Single-family
Dwellings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4353, sub-§4-B, as amended by PL 1993, c. 627, §1, is
further amended to read:
4-B. Set-back Setback variance for single-family dwellings. A municipality may
adopt an ordinance that permits the board to grant a set-back setback variance for a single-
family dwelling. An ordinance adopted under this subsection may permit a variance from
a set-back setback requirement only when strict application of the zoning ordinance to the
petitioner and the petitioner's property would cause undue hardship. The term "undue
hardship" as used in this subsection means:
A. The need for a variance is due to the unique circumstances of the property and not
to the general conditions in the neighborhood;
B. The granting of a variance will not alter the essential character of the locality;
C. The hardship is not the result of action taken by the applicant or a prior owner;
D. The granting of the variance will not substantially reduce or impair the use of
abutting property; and
E. That the granting of a variance is based upon demonstrated need, not convenience,
and no other feasible alternative is available.
An ordinance adopted under this subsection is strictly limited to permitting a variance from
a set-back setback requirement for a single-family dwelling that is the primary year-round
residence of the petitioner. A variance under this subsection may not exceed 20% of a set-
back setback requirement and may not be granted if the variance would cause the area of
the dwelling to exceed the maximum permissible lot coverage. An ordinance may allow
for a variance under this subsection to exceed 20% of a set-back setback requirement,
except for minimum setbacks from a wetland or water body required within shoreland
zones by rules adopted pursuant to Title 38, chapter 3, subchapter I 1, article 2‑B, if the
petitioner has obtained the written consent of an affected abutting landowner.
Page 1 - 132LR2155(03)


Statutes affected:
Bill Text ACTPUB , Chapter 263: 30-A.4353