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Nicholas Chagnon
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ADU in southern Maine seacoast area without owner occupancy requirements

Nicholas Chagnon
Posted May 8 2023, 15:09

I am looking for my next real estate investment in the seacoast area of southern Maine. I really like the idea of buying a home and adding value and cashflow by converting an area into an ADU but every town I look at seems to have the rule that the owner must occupy either the ADU or primary home.

Are there any towns in this area that you know don't have this rule?


Is this a general Maine state rule? I have seen some towns in New Hampshire that don't have this rule and some that do.

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Dan Weber
  • Realtor
  • Portland, ME
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Dan Weber
  • Realtor
  • Portland, ME
Replied May 9 2023, 11:15

That is a pretty common rule for an ADUs in coastal York County. I believe that at one time, either Kittery or York did not require owner occupancy as part of the ADU rules - that may have changed. I would check their zoning ordinances to make sure. ADUs are also not allowed in every zoning district, just some, so I would keep that in mind as well as you search.

  • Real Estate Agent Maine (#BA923337)

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Jaylan Archer
  • Real Estate Agent
  • Portsmouth, NH
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Jaylan Archer
  • Real Estate Agent
  • Portsmouth, NH
Replied May 10 2023, 12:47

Hey Nicholas!

This is definitely a town by town case but very common especially along the coast like Dan said. They really want to make sure properties aren't turned into rental two units in areas that aren't zoned for it. 


Maine did just recently pass a law that goes into effect shortly that should change downtown growth areas for those that know about it. It does not impact all properties but rather areas in Maine designated as growth areas. The legislation is called LD 2003 and it is essentially an act to implement increased housing opportunities in downtown Maine cities.

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Replied May 12 2023, 13:33

ADUs (including detached) were supposed to be legal statewide this July, I would personally wait until we see how they enforce the law as most towns are asking for more time to comply. There is talk about delaying for 1-2 years or even roll back some of the rules.