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Dock, pier and float rules in Falmouth, Maine

Falmouth, Cumberland County · Ordinances checked 2026-10-15 · Reviewed · 10 cited sections

Allowed with board review

Possibly, but it takes several approvals. Docks and piers are exempt from Falmouth's 100-foot shoreland setback, expanding an existing wharf or dock needs approval from the Harbor/Waterfront Committee, and floats on moorings need Army Corps of Engineers permits. The zoning section that governs building a new private pier or dock wasn't available to us, so check with Code Enforcement before planning one.

Shoreland setbackPiers and docks exempt from the 100-ft water setback [1]
Expanding an existing wharf/dockScale drawings to and approval by the Harbor/Waterfront Committee [2]
Other approvalsCommittee approval doesn't replace town, state and federal permits [3]
Floats and rafts on mooringsArmy Corps of Engineers permit; placed at the harbormaster's direction [4]
Docks in flood Zone VERegistered professional engineer must develop or review the design [6]
Moorings for waterfront homeownersDirect riparian owners qualify for a single mooring [7]

What we could and couldn't review

The zoning provisions that govern new private piers, docks and wharves (Sec. 19-107 and the shoreland land use table, Sec. 19-100) are in Falmouth's online code, which we couldn't access. This page covers what the town's other ordinances say. Ask Code Enforcement which permits a new dock needs before you design one.

Shoreland rules

Piers, docks and retaining walls need direct access to the water, so they are exempt from the 100-foot shoreland structure setback [1]. Shoreland vegetation-clearing limits also don't apply to them, but clearing for a dock must be kept to the minimum necessary [8]. Falmouth's Shoreland Zone Permit application asks for any permits from the Department of Environmental Protection and the Army Corps of Engineers [5].

Expanding an existing wharf or dock

Under the Coastal Waters Ordinance, someone with a legal wharf or dock system may expand it only by applying to the Harbor/Waterfront Committee with scale drawings and appearing at a meeting [2]. The project must not unreasonably interfere with public access, public trust rights (fishing, fowling and navigation), existing marine uses, commercial marine services, or other riparian owners' access [9]. Committee approval doesn't relieve you of other town, state and federal approvals [3].

Floats and moorings

A mooring may hold only a single boat, mooring derrick, small boat storage float or lobster raft, and all floats and rafts need Army Corps of Engineers permits and must be placed where the harbormaster directs [4]. Owners of waterfront homes on the anchorage are direct riparian owners and qualify for a single mooring [7].

Flood zones

New or substantially improved wharves, piers and docks in flood Zones A and AE must meet all applicable local, state and federal rules [10]. In Zone VE, a registered professional engineer must develop or review the design [6].

See how Falmouth compares with 8+ other Maine towns on docks, piers & floats →

Next steps

  1. Call Code Enforcement (207-699-5310) to confirm which approvals a new or expanded dock on your lot needs under the shoreland zoning rules.
  2. For an expansion of an existing legal wharf or dock, submit scale drawings to the Harbor/Waterfront Committee and attend its meeting.
  3. Apply for state and federal permits (Maine DEP and U.S. Army Corps of Engineers) and include them with your Shoreland Zone Permit Application.
  4. If the lot is in flood Zone VE, have a registered professional engineer prepare or review the dock design.

Common questions

Can I build a dock in Falmouth, Maine?
Possibly, but it takes several approvals. The zoning section that governs building a new private pier or dock wasn't available for review, so check with Falmouth Code Enforcement (207-699-5310) before planning one. Docks are exempt from the 100-foot shoreland setback.
How do I expand an existing dock in Falmouth, Maine?
Apply to the Harbor/Waterfront Committee with scale drawings and appear at its meeting, under the Coastal Waters Ordinance. The project can't unreasonably interfere with public access, public trust rights, existing marine uses or other riparian owners' access, and Committee approval doesn't replace other town, state and federal permits.
Do I need an Army Corps permit for a float in Falmouth, Maine?
Yes. All floats and rafts on moorings need Army Corps of Engineers permits and must be placed where the harbormaster directs. Falmouth's Shoreland Zone Permit application also asks for any Maine DEP and Army Corps permits.
Do waterfront homeowners qualify for a mooring in Falmouth, Maine?
Yes. Owners of waterfront homes on the anchorage are direct riparian owners and qualify for a single mooring. A mooring may hold only a single boat, mooring derrick, small boat storage float or lobster raft.
Does a dock in a flood zone need an engineer in Falmouth, Maine?
In flood Zone VE, yes: a registered professional engineer must develop or review the design. In Zones A and AE, new or substantially improved docks must meet all applicable local, state and federal rules.

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).

State sources: 38 M.R.S. §480-C (activities requiring a DEP permit) · 38 M.R.S. §480-B (definition of permanent structure) · Maine DEP Natural Resources Protection Act page · DEP Chapter 1000, Section 15(C) pier/dock standards · 12 M.R.S. §1862 (Submerged lands leases and easements) · Bureau of Parks & Lands Submerged Lands Newsletter (Jan. 2026) · 38 M.R.S. §7 (municipal mooring/harbor ordinances)

What the ordinance says

Exact text from Falmouth's published ordinances. Section numbers are as printed in the source.

  1. Sec. 19-111.d, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 7
    The water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
  2. Sec. 9-101 Wharf permits, Ordinance No. 75-2023 - Ch. II-9 Marine Activities, Structures and Ways, Art. II-9-4 Coastal Waters (full article: moorings, harbormaster, town wharf, Sec. 9-101 wharf permits, floats) - adopted Apr 10, 2023, p. 16
    Any person who has at the date of enactment of this article, a legal wharf and/or dock system, may expand that wharf and/or dock system only in accordance with the following. An application consisting of scale drawings of the proposed project should be made to the town harbor/waterfront committee. The applicant shall appear at a harbor/waterfront committee meeting to answer questions.
  3. Sec. 9-101 Wharf permits, Ordinance No. 75-2023 - Ch. II-9 Marine Activities, Structures and Ways, Art. II-9-4 Coastal Waters (full article: moorings, harbormaster, town wharf, Sec. 9-101 wharf permits, floats) - adopted Apr 10, 2023, p. 16
    Receipt of approval under this section does not relieve the applicant from the responsibility of obtaining approval from other town, state and federal agencies with jurisdiction over the proposed expansion.
  4. Sec. 9-94.s Other floating objects, Ordinance No. 75-2023 - Ch. II-9 Marine Activities, Structures and Ways, Art. II-9-4 Coastal Waters (full article: moorings, harbormaster, town wharf, Sec. 9-101 wharf permits, floats) - adopted Apr 10, 2023, p. 12
    No mooring in the harbor shall be utilized to secure any floating object other than a single boat, mooring derrick, small boat storage float or lobster raft. All floats/rafts shall have permits from the Army Corps of Engineers, and shall be placed at the direction of the harbormaster.
  5. Shoreland Zone Permit Application, required items, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 1
    Permits required from other agencies such as Department of Environmental Protection, Army Corp of Engineers, etc.
  6. Floodplain Management Ordinance, Art. VI.Q.2, Ordinance No. 137-2024 - Art. II-19-2 Floodplain Management Ordinance (full replacement) with FIRM dated June 20, 2024 - adopted May 29, 2024, p. 11
    in Zone VE, wharves, piers, and docks shall have a registered professional engineer develop or review the structural design, specifications, and plans for the construction.
  7. Sec. 9-91 Definitions (Riparian, direct and indirect), Ordinance No. 75-2023 - Ch. II-9 Marine Activities, Structures and Ways, Art. II-9-4 Coastal Waters (full article: moorings, harbormaster, town wharf, Sec. 9-101 wharf permits, floats) - adopted Apr 10, 2023, p. 4
    Notwithstanding the provisions of 38 M.R.S.A. § 11 to the contrary, the owners of property which fronts upon the anchorage and which is used as a residence are direct riparian owners and, as such, qualify for a single mooring.
  8. Sec. 19-104.b, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 4
    The provisions contained in this subsection b shall not apply to structures or uses which require direct access to the water as an operational necessity, such as public beaches, piers, docks, and retaining walls, nor to other functionally water dependent uses. Clearing of vegetation for structures or uses that require direct access to the water as an operational necessity shall be limited to the minimum amount necessary.
  9. Sec. 9-101 Wharf permits, Ordinance No. 75-2023 - Ch. II-9 Marine Activities, Structures and Ways, Art. II-9-4 Coastal Waters (full article: moorings, harbormaster, town wharf, Sec. 9-101 wharf permits, floats) - adopted Apr 10, 2023, p. 16
    The project must not unreasonably interfere with customary or traditional public access ways to, or public trust rights (fishing, fowling, and navigation) in, on, or over the submerged lands; unreasonably interfere with fishing or other existing marine uses of the area; unreasonably diminish the availability of services and facilities necessary for commercial marine activities; or unreasonably interfere with ingress and egress of riparian owners.
  10. Floodplain Management Ordinance, Art. VI.Q.1, Ordinance No. 137-2024 - Art. II-19-2 Floodplain Management Ordinance (full replacement) with FIRM dated June 20, 2024 - adopted May 29, 2024, p. 10
    in Zones A and AE, wharves, piers, and docks shall comply with all applicable local, state, and federal regulations; and
This page summarizes Falmouth's posted ordinances as of 2026-10-15. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Code Enforcement Division (Community Development) (207-699-5310) before you build. Spot an error?