Dock, pier and float rules in Brunswick, Maine
Yes, with approvals. In Brunswick's Shoreland Protection Overlay, a temporary (seasonal) dock needs a Shoreland Protection Permit from the Code Enforcement Officer, while a permanent pier or dock goes through Major Development Review by the Planning Board, plus a state DEP permit and possibly an Army Corps permit. Only one dock is allowed per lot, and a temporary noncommercial dock can be no wider than 6 feet.
| Temporary dock approval | SPO Permit from the Code Enforcement Officer [1] |
| Permanent pier/dock approval | Major Development Review by the Planning Board [1] |
| Docks per lot | 1 (a second only on lots with at least twice the required width and shore frontage) [2] |
| Max width, temporary noncommercial dock | 6 feet [3] |
| State/federal permits | DEP (NRPA) permit for new permanent structures; Army Corps may be required in navigable waters [4] |
| Harbor Master review | Dock and wharf applications go to the Harbor Master and Rivers and Coastal Waters Commission for comment (applies to all docks via Sec. 2.3.3.C(14)k) [5] |
| Permanent docks on non-tidal waters | Only if a temporary dock isn't feasible and DEP has issued a permit [6] |
| Structures on docks | No more than 20 ft above the dock; no new non-water-dependent structures [7] |
Approvals
The town's review-threshold table (Table 5.2.9.B) lists piers, docks and wharfs in the Shoreland Protection Overlay in two rows: a temporary one needs an SPO Permit from the Code Enforcement Officer, and a permanent one needs Major Development Review by the Planning Board [1]. A private dock accessory to a single- or two-family home isn't a "Marine Activity" use [8], but the shoreland rules say all piers and docks must meet the Marine Activity standards [10]. Under those standards, dock and wharf applications go to the Harbor Master for review and written comment by the Brunswick Rivers and Coastal Waters Commission before the Review Authority acts [5]. New permanent structures projecting into or over the water need a Maine DEP permit under the Natural Resources Protection Act, and a U.S. Army Corps of Engineers permit may also be needed in navigable waters [4].
Size and number
Only one pier, dock, wharf or similar structure is allowed per lot. A second is possible only on lots at least twice the district's required lot width and twice the minimum shore frontage [2]. Docks must be no larger than necessary for the activity, and a temporary noncommercial dock can be no wider than 6 feet [3]. Access from shore must control erosion, and the dock can't interfere with beaches or harm fisheries.
Seasonal vs. permanent
On non-tidal waters, a new permanent pier or dock isn't permitted unless you show the CEO that a temporary dock isn't feasible and you have a DEP permit [6]. On tidal waters, permanent docks are possible through Planning Board review. In flood zones, permanent wharves and piers must be reasonably safe from flooding, and in Zone VE a qualified professional must design or review them.
Other limits
No new structure may be built on a dock unless it needs direct water access, and such structures can be no more than 20 feet above the dock [7]. A structure on a float is prohibited unless it's a registered watercraft, and existing dock structures can't be converted to dwellings. Moorings are separate: the Harbor Master assigns them to shorefront owners with at least 100 feet of frontage, one per parcel [9].
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Next steps
- Confirm your lot's shore frontage and whether the waterbody is tidal or non-tidal.
- Contact the Harbor Master and Planning & Development (207-725-6660); dock applications are routed to the Harbor Master and Rivers and Coastal Waters Commission for comment.
- For a seasonal dock (6 ft wide or less), apply to the Code Enforcement Officer for a Shoreland Protection Permit.
- For a permanent pier or dock, apply for Major Development Review with the Planning Board and file for a Maine DEP NRPA permit and, in navigable/tidal waters, an Army Corps permit.
- Ask about state submerged-lands leasing if the structure extends below the low-water mark.
Common questions
- Do I need a permit for a dock in Brunswick, Maine?
- Yes. In the Shoreland Protection Overlay, a temporary dock needs a Shoreland Protection Permit from the Code Enforcement Officer. A permanent dock goes through Major Development Review by the Planning Board, plus a state DEP permit and possibly an Army Corps permit.
- How wide can a seasonal dock be in Brunswick, Maine?
- A temporary noncommercial dock can be no wider than 6 feet.
- How many docks can I have on my lot in Brunswick, Maine?
- Only one. A second is possible only on lots at least twice the district's required lot width and twice the minimum shore frontage.
- Can I build a permanent dock on a pond in Brunswick, Maine?
- On non-tidal waters, only if you show the Code Enforcement Officer that a temporary dock isn't feasible and you have a DEP permit. On tidal waters, permanent docks are possible through Planning Board review.
- Do I need a mooring permit in Brunswick, Maine?
- Moorings are separate from docks. The Harbor Master assigns them to shorefront owners with at least 100 feet of frontage, one per parcel.
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
- Table 5.2.9.B (Development Review Threshold Criteria), Sec. 5.2, Zoning Ordinance (Appendix A, Municipal Code)
Piers, docks, wharfs, bridges, and other structures and use activities extending over or below the normal high-water line or within a wetland Shoreland Protection Overlay Temporary SPO Permit Code Enforcement Officer Permanent Major Development Review Planning Board
- Sec. 2.3.3.C(14)a, Zoning Ordinance (Appendix A, Municipal Code)
No more than one (1) pier, dock, wharf, or similar structure extending over or located below the normal high-water line of a water body, or within a wetland or shoreline stabilization area is permitted on a single lot; except on single lots having a lot width at least twice the required lot width of the base zoning district and at least twice the minimum shorefrontage as specified in Table 4.2.5.F(1), a second structure may be permitted and may remain as long as the lot is not further divided.
- Sec. 2.3.3.C(14)e, Zoning Ordinance (Appendix A, Municipal Code)
A temporary pier, dock, or wharf shall not be wider than six (6) feet for noncommercial uses.
- Sec. 3.4.1.S(5), Zoning Ordinance (Appendix A, Municipal Code)
New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended. Permits may also be required from the U.S. Army Corps of Engineers if located in navigable waters.
- Sec. 3.4.1.S(1), Zoning Ordinance (Appendix A, Municipal Code)
All applications for docks and wharves shall be provided to the Harbor Master for review and written comment by the Brunswick Rivers and Coastal Waters Commission prior to action taken by the Review Authority.
- Sec. 2.3.3.C(14)g, Zoning Ordinance (Appendix A, Municipal Code)
New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Code Enforcement Officer that a temporary pier or dock is not feasible, and a permit has been obtained from the Maine Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, as amended.
- Sec. 2.3.3.C(14)j, Zoning Ordinance (Appendix A, Municipal Code)
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 or shoreline stabilization area shall not exceed 20 feet in height above the pier, wharf, dock, or other structure.
- Sec. 1.7.2 Definitions, Marine Activity, Zoning Ordinance (Appendix A, Municipal Code)
Excluded are non-commercial structures which are accessory to a single or two-family dwelling.
- Sec. 11-4(a), Chapter 11 - Marine Activities, Structures and Ways, p. 1
Only one (1) mooring may be assigned to any shorefront parcel of land under this privilege.
- Sec. 2.3.3.C(14)k, Zoning Ordinance (Appendix A, Municipal Code)
Commercial marine activities and piers, docks, wharves, breakwaters, causeways, marinas, bridges, and other structures projecting into water bodies shall conform to the supplementary use standards in Subsection 3.4.1.S.