Our mission: a more resilient Smith House
As we’ve discussed with our KBIA family, after years of service, it’s time to rebuild Smith House. KBIA needs a structure better able to withstand the increasing storm activity and rising tides as evidenced in 2024, to create a
safer space for our kids in the event of rain and lightning, set further back from a busy Beach Avenue for safer egress, to provide more modular space where we can expand creative and craft instruction with better ventilation, lighting and windows. And we will do so without losing our historical perspective — our new Smith very much gives a nod to its historical charm but will be far more resilient.
What we need: ordinance amendment
We are seeking a simple change in current Town of Kennebunk ordinance that will allow us to proactively reconstruct in a more conforming location. Under current code, a building is stuck in place and can’t be rebuilt even to move it back from the water or better comply with floodplain guidelines unless it is destroyed by an act of nature / natural disaster or some other accidental cause. Accordingly, we are asking for an ordinance amendment that would be added to the Nov. 3 ballot. The amendment would allow for voluntary reconstruction for coastal resiliency while allowing our building to remain grandfathered as it relates to other zoning issues such as property line setbacks. We think this is something the whole community can get behind, for Smith and for other coastal Kennebunk properties in general.
We’re happy to answer your questions. Here are three to start:
Q. Why is KBIA pursuing an ordinance amendment?
A. Under the town’s current ordinance buildings that don’t meet property line setbacks and are located in vulnerable coastal areas cannot be purposefully removed and rebuilt. Current ordinance requires them to be substantially damaged or destroyed such as by fire or storm. This ordinance amendment would allow for a proactive process outside of a tragic event.
Q. Is this only for KBIA?
A. No, this ordinance amendment would benefit numerous properties specifically within the Kennebunk Beach area.
Q. Does this change the permitting process?
A. No, the current permitting process remains the same. Properties like KBIA are subject to substantial permitting by the Maine DEP, Kennebunk Planning Board, Code Enforcement and have to be constructed to rigorous FEMA mandated construction standards.
Q. Isn’t such a rebuild at odds with evolving environmental policies associated with climate change?
A. Not at all, this simply allows for a process without requiring a prerequisite traumatic event. By allowing properties like KBIA to reconstruct outside of a traumatic event we substantially limit the amount of waterborne storm debris that communities must contend with. Kennebunk’s 2022 Comprehensive Plan seeks to “strengthen standards in vulnerable areas”. Clarifying this section of ordinance supports property owners that are seeking to do just that.
As a matter of policy Maine’s official climate action plan, Maine Won’t Wait, focuses heavily on “building back better” The state actively promotes and incentivizes elevating coastal structures above projected sea-level rise and storm-surge levels.
Rather than replacing damaged structures as-is, the state encourages property owners to rebuild up to four feet above the base flood level.
To make this practical, legislative initiatives (such as LD 2030) have targeted the regulatory framework to carve out permit exemptions, allowing resilient, elevated rebuilding to proceed without the traditional months-long approval delays.
Link to Walsh Engineering Associates memo sent to the Kennebunk Planning Board (July 21, 2026)
Link to Walsh Engineering Associates Powerpoint presentation to the Kennebunk Planning Board (Aug. 10, 2026)
Article 5 Section B Amendment — What Kennebunk voters will see on the ballot:
Article 9: Referendum Question H: Shall an ordinance entitled “2026 Amendment to the Zoning Ordinance of the Town of Kennebunk, Maine Regarding Reconstruction of Nonconforming Structures in the Shoreland Zone” be enacted?
Proposed Amendment to Town of Kennebunk Zoning Ordinance, Section 5(B)
B. Reconstruction (1) Any nonconforming building, or a building containing a nonconforming use, which is hereafter damaged or destroyed by fire, flood, lightning, wind, structural failure or other accidental cause, may be restored or reconstructed in conformity with its original dimensions, and used as before, within three (3) years of the date of such damage or destruction; provided, however, that such reconstruction and use shall not be more nonconforming than the prior nonconforming building or use. Nothing in this section Article 5, Page 4 Sections 5 & 6 shall prevent the demolition of the remains of any building so damaged or destroyed. This Section B does not apply to reconstruction of nonconforming buildings located partially or wholly within the Shoreland Overlay District or Resource Protection District, which shall be reviewed in accordance with the standards set forth in Section 7 of this Article 5 even if one or more nonconformities arise from base district standards.
