Zoning, building permits and septic rules in Town of Southwest Harbor, Maine

Town of Southwest Harbor’s own rules

• Building permitRequired

  Construction, enlargement, or relocation of buildings inside Southwest Harbor town

  • Approval comes from the planning board or the code enforcement officer under the Land Use Ordinance, unless a variance is obtained.
  • The sewer permit must be filed in the town office before a building permit can be issued, where the public sewer is used.

  “1. the property owner must secure approval for the following activities from either the planning board or the code enforcement officer subject to the appropriate standards of this ordinance, unless a variance is obtained: a. any building, structure or part thereof to be erected, constructed, reconstructed, externally enlarged, converted, moved, or demolished;”

• Local zoningPresent (with conditions)

  Land inside Southwest Harbor town limits. The town adopts and administers its own Land Use Ordinance with zones.

  • The 2020 PDF is the version checked; a November 2025 citizen petition and a planned Land Use Ordinance update may have changed the text, so confirm the current version.

  “several zones have been established. the difference between most zones is not in allowable land use activities, but rather in the allowable density of the activity.”

• Zoning districtsPartial

  Land inside Southwest Harbor town limits

  • The ordinance says the zones are shown on a zoning map dated May 4, 2020, on file in the town office; the map itself was not opened.
  • Only zones A and B were identified in the text checked.

  number of zones: 8 zones

  “is hereby divided into eight zones. the zones are shown on a map entitled "town of southwest harbor zoning map, dated may 4, 2020, and as amended.”

• Minimum dwelling sizeSpecified

  All zones of Southwest Harbor town

  • Applies to residential floor space in all zones under the general regulations.

  minimum residential floor space: >= 250 sq ft

  “minimum residential floor space in all zones is two hundred fifty (250) sq. ft.”

• Minimum lot sizeDistrict specific (with conditions)

  New lots and structures in Zone B of Southwest Harbor town. Zone A minimum lot size was not found in the text checked.

  • Minimum lot area depends on the availability of utilities to the site.
  • Land below the normal high-water line or upland edge of a wetland is not counted toward minimum lot area.

  minimum lot area, private well and private septic: >= 40000 sq ft (structures served by private well and private septic system) · minimum lot area, public water and private septic: >= 30000 sq ft (structures served by public water and private septic system) · minimum lot area, private water and public sewer: >= 20000 sq ft (structures served by private water and public sewerage) · minimum lot area, public water and public sewer: >= 15000 sq ft (structures served by public water and public sewerage)

  “1. minimum lot size: a. 40,000 sq. ft. (if structures are serviced by private well and private septic system) b. 30,000 sq. ft. (if structures are service by public water and private septic system) c. 20,000 sq. ft. (if structures are serviced by private water and public sewerage) d. 15,000 sq. ft (if structures are serviced by public water and public sewerage)”

• SetbacksDistrict specific (with conditions)

  Zone B of Southwest Harbor town

  • Setbacks apply to all structures except antennae, boundary walls, driveways, parking lots, roads, sidewalks and signs.

  minimum setback from lot lines: >= 15 ft · minimum setback from state road: >= 55 ft (measured from the road centerline) · minimum setback from town road: >= 20 ft (measured from the edge of the road)

  “c. structure standards 1. minimum set-backs for all structures except antennae, boundary walls, driveways, parking lots, roads, sidewalks and signs: a) lotlines15' b) state road- 55' from the centerline c) town road- 20' from the edge”

  One more reviewed finding on this topic

  • District specific (with conditions) — Zone A of Southwest Harbor town, the most densely built up area

    “10' from edge of paved roadway; sidewalks must be provided (standards in southwest harbor road ordinance) b) 10' from lot lines exception: construction permitted either on the lot line as an agreed common firewall, or set back at least 5' from the lot line, provided a firewall is used.”

• Lot coverageNone

  Zone A of Southwest Harbor town

  • The text is from a garbled extraction; zone B lot coverage was not found in the text checked.

  “2. height: a) 3. 40' maximum lot coverage: a) no limit”

• Building heightDistrict specific (with conditions)

  Zone A of Southwest Harbor town

  • The PDF text layer is garbled at this point; confirm the height figure against the printed ordinance.
  • Zone B height was not found in the text checked.

  maximum building height: <= 40 ft

  “2. height: a) 3. 40' maximum lot coverage: a) no limit”

• Living in an RVLimited

  Recreational vehicles used for living on private land inside Southwest Harbor town

  • Recreational vehicles may be used only in a campground or an established private campsite under the ordinance.
  • The CEO may permit residential use of a recreational vehicle.

  “1. none shall be used for recreational use unless it is in a campground or private campsite which has been established in accord with the provisions of this ordinance. 2. the ceo may issue a permit authorizing their use for residential purposes”

• Camping on your landLimited

  Camping on private land inside Southwest Harbor town

  • Only one recreational vehicle per campsite; no permanent foundation except a gravel pad.
  • A campground needs at least 5 acres under the ordinance.

  days on site before residential requirements apply: > 180 days (per year, for a recreational vehicle, tent or similar shelter) · inland campground minimum lot size: >= 5 acres

  “when a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred-eighty (180) consecutive days per year, all requirements for residential structures shall be met”

• Manufactured homesLimited

  Manufactured homes placed in mobile home parks inside Southwest Harbor town

  • Mobile home parks follow Title 30-A MRSA section 4358; sewered lots are 6,500 sq ft, unsewered individual septic lots are 20,000 sq ft.
  • Older mobile homes must meet the safety standards in the ordinance appendix.

  sewered mobile home lot minimum: >= 6500 sq ft (mobile home park lots on public sewer) · unsewered individual septic mobile home lot minimum: >= 20000 sq ft (individual on-site subsurface system)

  “3. mobile home lot size: a. sewered - 6500 sq.ft. b. un-sewered: individual on site-subsurface septic system - 20,000 sq.ft.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Southwest Harbor town

  • The town has a separate subdivision ordinance, which was not opened.

  “mobile home subdivision or development: a parcel ofland approved for the placement of manufactured houses on individually owned lots under the subdivision ordinance of the town of southwest harbor.”

• Driveway accessRequired

  New driveways and road entrances inside Southwest Harbor town

  • A driveway or road entrance permit is required from the town, in addition to the driveway opening standards in Section VI.
  • Road openings and entrances on state roads also need MDOT approval.

  “c. other town requirements are: 1) driveway/road entrance permit; 2) sewer permit and/or a water permit”

• Building in a floodplainRequired

  Development inside flood hazard zones in Southwest Harbor town

  • Development in flood hazard zones must conform to the town floodplain management ordinance.
  • Elevation rule: first floor at least one foot above the 100-year flood elevation for new construction.

  “b. the town also administers the floodplain management ordinance and any development in flood hazard zones must conform to this ordinance.”

• Permit processPartial

  Land use permit review inside Southwest Harbor town

  • Abutter notification within 7 days after a complete application; the planning board follows its own procedure.
  • Permit fees are not described in the text checked.

  code enforcement officer decision deadline: <= 35 days (from receiving a complete application)

  “within 35 days from receiving a complete application, the ceo shall approve, approve with conditions, or deny in writing”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Southwest Harbor or Hancock County directly.

• Owner-builder exemption — Owner-builder exemption inside Southwest Harbor town
• Building code adopted — Building code adopted or enforced by Southwest Harbor town
• Inspections — Building inspection inside Southwest Harbor town
• Certificate of occupancy — Certificate of occupancy inside Southwest Harbor town
• Tiny homes — Tiny home occupancy inside Southwest Harbor town

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Town of Southwest Harbor means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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