From Maine DEP: New Law Becomes Effective October 18, 2021

The legislature adopted one bill in the first session of the 130th Legislature (2021) with shoreland zone implications that is now in effect. Public Law 2021, chapter 336 (enacting LD 1161 – An Act Concerning Marina-based Restaurants in the Shoreland Zone) authorizes a municipality to adopt an ordinance that allows the expansion of existing restaurants that are part of a marina – under certain conditions – notwithstanding provisions that otherwise establish setback requirements and limit the expansion of structures within 25 feet of a water body or wetland. While the law provides a new option for municipalities that want to allow restaurant expansions at marinas that previously were prohibited, a municipality is not requires to incorporate this option in its shoreland zoning ordinance. Further, until a municipality’s ordinance is updated, owners of marinas with restaurants will have to continue to follow existing zoning requirements.

Under the new law, the expansion of an existing restaurant that is part of a marina that has been permitted in accordance with all applicable state and local requirements may be authorized if the expansion:

Is not located over a water body or wetland, and
Is not located any closer to the water body or wetland than the existing restaurant.

Other state and local requirements would continue to apply. The amendment further specifies that the expansion may be allowed if the restaurant and the marina of which the restaurant is a part have both been in existence as of January 1, 2021. The Statutory language can be found at 38 M.R.S. § 439-A(4-D)