No such thing as a temporary dock no matter how impermanent it seems

Another summer season starts and docks are going in. With the more prevalent use of the convenient roll-in dock systems, the need of being sure the dock goes back in the same location as was approved in the permit for the dock, becomes very important… “Oh, a permit was required for the dock?”…you ask?

Yes, a permit is required for any dock, any replacement, any expansion and most repairs.

Whether it rolls in, floats, sits on legs, mounted on cribbing, stationary or permanent, has a board ramp to shore, is bolted to shore or is even detached from shore, a permit is required.

There is no such thing as a temporary dock, as this office is so often told. A dock is a dock and the regulations apply.

For single family, individual docks, the regulations are pretty simple.

Eight foot wide maximum, not to exceed 300 sq. ft. in size, not any longer than 40 from the mean high water mark at the shore and cannot impede boat navigation.

In the majority of shoreline areas, a 25 foot projected side property line setback is required. 

There are a few areas around the town that only 15 feet is required.

Once an application has been received detailing the size and shape of the dock along with a survey map showing the setbacks, a permit may be issued from this office without any special board oversight.

For marinas and multi-family use waterfronts, the size and shape are subject to the review and approval of the town Planning Board.

There really isn’t any dimensional criteria to go by like for a single family lot.

An application would include the same basic information as an application for a single family dwelling lot.

Survey, plot plan and details as to size, shape and area.

The Planning Board will then apply the standards listed in the process of review as a Conditional Use Permit.

For old existing docks in need of replacement, repair or expansion, the standards of obtaining the permit is a little different, especially when the old dock exceeds the requirements of the current standards as a “grandfathered” dock.

For marinas and multi-family waterfronts, again the Planning Board will be involved.

A Conditional Use Permit is required and only the Planning Board can grant such a permit.

For single family lots, this office may be able to consider a permit if the new application shows compliance to today’s rules.

If any aspect of the request, like size, width or locations does not meet the current standards, the application may be subject to either the Planning Board’s approval or even the Zoning Board of Appeals approval of a variance.

If the old dock seems to be grandfathered, which means it was there when the laws were adopted; proof of its existence needs to be verified.

This can be a challenge.

Things like old photos and old surveys are the best ways to show it has been there a long time… A long time means 1965, which was when the town adopted its first zoning regulations.

As in any potentially grandfathered structure, whether it is a dock, a house or any structure, it has to have been lawfully in existence when the law [zoning] was adopted.

If the old dock [or structure] was removed in 1961 and the zoning was adopted in 1965, the old dock [or structure] is not grandfathered.

If appropriate permits were obtained for a dock, that permit would expire in one year. If the work never happened, the permit still expires.

If the work was done, that is the end of that permit. Permits do not last forever, and cannot be used over and over.

Our job here in the Code Office is to advise you of your options and [if it’s a single family dwelling lot] encourage you to propose a compliant application so that we can just issue the permit without any board oversight.

That’s the intent of the zoning, to encourage compliance.

As far as multi-family waterfront docks, if you’re planning alterations, replacements, repairs, give us a call to discuss your plans.

Again our job is to advise you of your options and suggest the path of least resistance.

Knowledge of the rules and the history of events will make for a much easier permit process.