Dock, pier and float rules in Boothbay Harbor, Maine
Yes, with permits. Docks, piers and floats are exempt from the 75-foot shoreland setback but must be no larger than needed and meet the shoreland standards; north of the footbridge, docks are limited to 12 feet long by 6 feet wide and floats to 10 by 16 feet. New permanent structures over the water also need a DEP permit, and floats on moorings need a Harbor Master mooring permit.
| Shoreland setback | Does not apply to piers and docks that need direct water access [1] |
| Size | No larger than necessary for the activity [2] |
| Dock north of the footbridge | Max 12 ft long from high-water mark, 6 ft wide [3] |
| Float north of the footbridge | Max 10 ft wide by 16 ft long [4] |
| Structures on docks | Max 20 ft above the dock (except General Business and Working Waterfront); no conversion to dwellings [5] |
| Float on a mooring | Max 16 ft by 32 ft; one float per mooring [6] |
| State permit | DEP permit for new permanent structures over water; Army Corps may also apply [7] |
Shoreland standards for docks
The shoreland setback doesn't apply to structures that need direct access to the water, such as piers, docks and retaining walls [1]. Docks, piers, wharves and floats must instead meet the standards in § 170-101.10 C: shore access built on suitable soils with erosion control, no interference with beaches, minimal effects on fisheries, and a facility no larger than necessary and consistent with the surrounding area [2]. Structures built on a pier or dock must need direct water access, can't be converted to dwelling units, and, outside the General Business and Working Waterfront Districts, can't exceed 20 feet above the dock [5]. Floats must have reflective markers at each corner and permanent identification with the owner's name and contact information.
North of the footbridge
In the shoreland area north of the footbridge, a dock, wharf or pier can't exceed 12 feet seaward from the high-water mark or 6 feet in width [3], or sit more than one foot above the high-water mark. Railings are capped at 4 feet and must be open, ramps at 3 by 30 feet, and floats at 10 by 16 feet [4].
Floats on moorings
Under the Port Regulations (Chapter 133), you may not attach a float larger than 16 by 32 feet to a mooring, and only one float is allowed per mooring [6]. Moorings require an annual permit from the Harbor Master, filed at the Town Office; permits expire June 30.
Permits
A shoreland permit is required, but Table 1 of the ordinance, which says whether the Code Enforcement Officer or Planning Board reviews a dock, wasn't available to us. The ordinance notes that new permanent structures projecting into or over water need a DEP permit under the Natural Resources Protection Act, and Army Corps permits may be needed in navigable waters [7]. The town won't grant final shoreland approval until required state permits are in hand.
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Next steps
- Ask the Boothbay Harbor Code Enforcement Office (207-633-3671) whether your dock needs Code Enforcement Officer or Planning Board review under Table 1.
- Apply to Maine DEP (Natural Resources Protection Act) and the Army Corps of Engineers for a permanent pier, dock or float in tidal waters.
- For a float on a mooring, file a mooring permit application at the Town Office for Harbor Master approval.
- Bring a scaled site plan showing the dock's length, width and height relative to the high-water mark.
Common questions
- Do I need a permit for a dock in Boothbay Harbor, Maine?
- Yes. A shoreland permit is required, and new permanent structures projecting into or over the water also need a DEP permit. Army Corps permits may be needed in navigable waters. The town won't grant final shoreland approval until required state permits are in hand.
- How big can a dock be in Boothbay Harbor, Maine?
- Docks must be no larger than necessary for the activity. North of the footbridge, a dock can't exceed 12 feet seaward from the high-water mark or 6 feet in width, and floats are limited to 10 by 16 feet.
- Do docks have to meet the 75-foot shoreland setback in Boothbay Harbor, Maine?
- No. Docks, piers and other structures that need direct water access are exempt from the setback, but they must meet the dock standards in § 170-101.10 C.
- Do I need a mooring permit for a float in Boothbay Harbor, Maine?
- Yes. Moorings require an annual permit from the Harbor Master, filed at the Town Office, and the permits expire June 30. You may not attach a float larger than 16 by 32 feet to a mooring, and only one float is allowed per mooring.
State and federal rules for docks and piers
DEP permit (Natural Resources Protection Act): Building, repairing or altering a permanent structure in, on or over a great pond, river, stream or coastal wetland needs a DEP permit. "Permanent" means the structure stays in place more than 7 months in any 12-month period. A seasonal dock that comes out each year generally isn't a permanent structure.
State shoreland minimums (your town's ordinance applies these):
- Only one pier, dock or wharf per lot, unless the lot has at least twice the minimum shore frontage.
- A temporary, non-commercial dock on fresh water can be no wider than 6 ft.
- A new permanent dock on fresh water is allowed only if a temporary dock isn't feasible and DEP has issued a permit.
- No living space on or attached to a dock.
State-owned bottom: Below the low-water mark in tidal waters and in great ponds, the bottom belongs to the state. Permanent structures of any size, and large temporary ones, need a lease or easement from the Bureau of Parks and Lands. Non-permanent structures under 500 sq ft don't need one.
Federal and harbor rules: In tidal waters, docks and floats also need U.S. Army Corps of Engineers approval. Moorings are handled by your town's harbormaster under local ordinance (38 M.R.S. §7).
What the ordinance says
- § 170-101.10 B(1)(a), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
- § 170-101.10 C(4), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area.
- § 170-101.10 C(9)(a), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
A dock, wharf, or pier may not exceed 12 feet in length from the high-water mark seaward or six feet in width.
- § 170-101.10 C(9)(e), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
A float or any arrangement of floats may not exceed 10 feet in width or 16 feet in length.
- § 170-101.10 C(8), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
Except in the General Business District and Working Waterfront District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
- Ch. 133, Port Regulations, Prohibited acts M, Port Regulations (Chapter 133) - eCode360
No person may attach or secure to a mooring any float larger than 16 feet by 32 feet, only one float allowed per mooring.
- § 170-101.10 C, Note, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.