Dock, pier and float rules in Cape Elizabeth, Maine
Possibly, but every pier, dock or wharf extending over or below the high-water line in Cape Elizabeth needs site plan approval from the Planning Board and must meet the shoreland performance standards. In Resource Protection areas piers and docks are banned in the RP1 critical wetland district and its buffer overlay and need a Resource Protection Permit elsewhere; a mooring needs a separate annual permit from the Harbor Master.
| Town approval | Site plan approval by the Planning Board [1] |
| Temporary vs permanent | Temporary = in the water less than 7 months in any 12; otherwise permanent [2] |
| Size | No larger than necessary; temporary non-commercial dock in non-tidal waters max 6 ft wide [3] |
| New permanent dock on non-tidal water | Only if a temporary dock isn't feasible and a DEP permit is obtained [4] |
| Structures on a dock | Only if they need direct water access; max 20 ft tall; no conversion to dwellings [5] |
| Resource Protection districts | Prohibited in RP1 Critical Wetlands and RP1 buffer overlay; Resource Protection Permit in RP2 and RP3 [6] |
| Mooring | Written permit from the Harbor Master [7] |
| Mooring permit term | 1 year, renewed annually [8] |
Planning Board review
Under the Shoreland Performance Standards, all piers, docks, wharves and other marine structures extending over or below the normal high-water line or into a wetland require site plan approval by the Planning Board. The Board may require an environmental impact assessment and design changes [1]. The ordinance defines a dock as any permanent or temporary landing place for watercraft, including piers and floats, and docks are listed as residential accessory structures. Piers and docks are exempt from the shoreland water setback because they need direct access to the water.
Seasonal or permanent
A structure is temporary if it stays in or over the water less than 7 months in any 12 consecutive months, and permanent if it stays 7 months or more [2].
Design standards
The Planning Board applies these standards: access from shore must be built on suitable soils with erosion control; the dock must not unreasonably interfere with beaches or harm fisheries; and it may be no larger than needed for the activity. A temporary non-commercial dock in non-tidal waters can be at most 6 ft wide [3]. A new permanent dock on non-tidal water is allowed only if a temporary one isn't feasible and a DEP permit has been issued [4]. Buildings on a dock are allowed only if they need direct water access, can't exceed 20 ft above the dock [5], and can't be converted to dwellings.
Resource Protection districts
Row 29 of the Resource Protection use table (Table 19-6-9) reads "No / RPP / RPP" across its three columns: piers, docks and boathouses are prohibited in the RP1 Critical Wetlands district and its buffer overlay, and need a Planning Board Resource Protection Permit (RPP) in the RP2 Wetland Protection and RP3 Floodplain districts [6].
Moorings and floats
The Coastal Waters and Harbor Ordinance requires a written permit from the Harbor Master for any mooring [7], and mooring permits run for one year and must be renewed annually [8]. Work in tidal waters may also need state and federal permits.
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Next steps
- Check whether your shoreline is in the Shoreland Performance Overlay or a Resource Protection district on the town zoning maps.
- Contact the Cape Elizabeth Planning Office to start a site plan application to the Planning Board, with plans showing dock size, seasonal or permanent use, and shore access.
- Apply to Maine DEP (and the U.S. Army Corps of Engineers in tidal waters) for any required state and federal permits.
- If you also need a mooring, apply to the Harbor Master for a mooring permit.
Common questions
- Can I build a dock in Cape Elizabeth, Maine?
- Possibly. Every pier, dock or wharf extending over or below the high-water line needs site plan approval from the Planning Board and must meet the shoreland performance standards.
- What is the difference between a temporary and permanent dock in Cape Elizabeth, Maine?
- A structure is temporary if it stays in or over the water less than 7 months in any 12 consecutive months, and permanent if 7 months or more. A new permanent dock on non-tidal water is allowed only if a temporary one isn't feasible and a DEP permit is issued.
- Are docks allowed in Resource Protection areas in Cape Elizabeth, Maine?
- They are prohibited in the RP1 Critical Wetlands district and its buffer overlay. In the RP2 and RP3 districts they need a Planning Board Resource Protection Permit.
- Do I need a permit for a mooring in Cape Elizabeth, Maine?
- Yes. A mooring needs a written permit from the Harbor Master. Mooring permits run for one year and must be renewed annually.
- How big can a dock be in Cape Elizabeth, Maine?
- It may be no larger than needed for the activity. A temporary non-commercial dock in non-tidal waters can be at most 6 feet wide.
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
- Sec. 19-8-2(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 206
All piers, docks, wharves and other structures listed above shall require site plan approval by the Planning Board and compliance with the performance standards below.
- Sec. 19-8-2(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 206
Structures are considered temporary when they will remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months and considered permanent when they will remain in or over the water for seven (7) months or more in any period of twelve (12) consecutive months.
- Sec. 19-8-2(A)(4), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 206
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. A temporary pier, dock or wharf in non-tidal waters shall not be wider than six feet for non-commercial uses.
- Sec. 19-8-2(A)(6), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 206
New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
- Sec. 19-8-2(A)(8), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 207
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 twenty (20) feet in height above the pier, wharf, dock or other structure.
- Table 19-6-9, row 29, Chapter 19 Zoning Ordinance (includes maps & appendices), p. 149
29. Piers, docks and boathouses No RPP RPP
- Sec. 10-5-1, Chapter 10 Coastal Waters & Harbor Ordinance, p. 4
No mooring shall be placed without a written permit from the Harbor Master authorizing placement of a mooring at a specific location.
- Sec. 10-5-2, Chapter 10 Coastal Waters & Harbor Ordinance, p. 4
All permits issued hereunder shall be for a period of one (1) year, and shall be subject to renewal annually.