Dock, pier and float rules in Freeport, Maine
Yes, with approval. For tidal waters, your first step is approval from the Freeport Coastal Waters Commission. After that you need a town building permit, a Maine DEP Natural Resources Protection Act permit, and an Army Corps of Engineers permit. You may have one pier, dock, or float per lot, the lot needs at least 60 ft of shore frontage, and the project can extend no more than 125 ft from the highest annual tide line.
| Town approval (tidal waters) | Coastal Waters Commission, as the first step [1] |
| Town approval (non-tidal waters) | Codes Enforcement Officer and/or Project Review Board [1] |
| Application lead time | Letter 30 days before the CWC meeting [2] |
| Abutter notice | Certified letters to abutters within 250 ft [11] |
| Max length | 125 ft from the highest annual tide line; no more than 1/4 of the way across the waterbody [3] |
| Min shore frontage | 60 ft [4] |
| Number per lot | 1 pier, dock, wharf, float or similar structure [4] |
| Other permits after CWC approval | CEO building permit, Maine DEP (NRPA), Army Corps of Engineers [5] |
| Structures on a dock | Only if direct water access is an operational necessity; no conversion to dwellings [9] |
| Max height of structures on a dock | 20 ft above the dock [6] |
| Non-tidal permanent docks | Only if a temporary dock isn't feasible, plus a DEP permit [7] |
| Water setback | Docks are exempt from the 75-ft shoreland water setback [10] |
| Lot line setbacks | Docks exempt [8] |
Who approves
Article XIII of the Coastal Waters Ordinance (Chapter 31) makes the Coastal Waters Commission (CWC) the reviewing authority for tidal piers, docks, wharves, floats, and similar structures. For non-tidal waters, the Codes Enforcement Officer and/or the Project Review Board review them instead [1]. CWC approval is the first step. Send a letter 30 days before a regular meeting and seven copies of the application. The application includes proof of ownership, certified-mail notice to abutters within 250 ft, scale drawings, latitude/longitude, photos, the tide marks, and the fee [2][11]. The Commission may ask how and where the dock will be stored in winter (not on salt marsh) and may schedule a site walk.
Size and siting standards
- The project can be no larger than the activity needs, and it must not hurt neighbors' use of the water.
- Total length: no more than 125 ft from the highest annual tide line, and no part may extend more than one-fourth of the way across the waterbody [3].
- Lot requirements: at least 60 ft of shore frontage, and only one pier, dock, wharf, or float per lot [4].
- The project must not block navigation channels, moorings, public access, or shellfish and fishing areas. The Shellfish Commission may review it. Ramps and floats must be registered and marked.
- Construction must be finished within 2 years of approval.
- New buildings on a dock are allowed only if they need direct water access, and existing structures can't be converted to dwellings [9]. They can be no taller than 20 ft above the dock [6].
Seasonal vs. permanent
On non-tidal waters, non-residential projects may be no wider than 6 ft, and a new permanent dock is allowed only if a temporary one isn't feasible and you have a DEP permit [7].
State and federal permits
After CWC approval and before construction, you must get a Codes Enforcement building permit, a Maine DEP permit under the Natural Resources Protection Act, and an Army Corps of Engineers permit [5]. Docks are exempt from the 75-ft shoreland water setback [10] and from lot line setbacks [8].
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Next steps
- Confirm your lot has at least 60 ft of shore frontage and no existing dock. Then sketch a design no longer than 125 ft from the highest annual tide line.
- Send certified letters to abutters within 250 ft, and prepare scale drawings, photos, latitude/longitude, and tide-line information.
- Submit a letter and 7 copies of the application, with the fee set by the Town Council, to the Coastal Waters Commission at least 30 days before its regular meeting. Contact the Town (see the Town of Freeport website) for the current fee and meeting schedule.
- After CWC approval, apply for the town building permit, the Maine DEP NRPA permit, and the U.S. Army Corps of Engineers permit before you build.
Common questions
- Can I build a dock in Freeport, Maine?
- Yes, with approval. For tidal waters, the first step is approval from the Freeport Coastal Waters Commission. After that you need a town building permit, a Maine DEP permit, and an Army Corps of Engineers permit.
- How long can a dock be in Freeport, Maine?
- No more than 125 feet from the highest annual tide line, and no part may extend more than one-fourth of the way across the waterbody.
- How much shore frontage do I need for a dock in Freeport, Maine?
- At least 60 feet of shore frontage, and only one pier, dock, wharf or float per lot.
- How do I apply for a dock in Freeport, Maine?
- Send a letter 30 days before a regular Coastal Waters Commission meeting, with seven copies of the application and certified-mail notice to abutters within 250 feet.
- Does a dock have to meet the shoreland setback in Freeport, Maine?
- No. Docks are exempt from the 75-foot shoreland water setback and from lot line setbacks.
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
- Art. XIII, §1 Authority, Coastal Waters Ordinance (Chapter 31), p. 20
Pursuant to Section 306(C) of the Town of Freeport, Maine Shoreland Zoning Ordinance, the Coastal Waters Commission shall be the reviewing authority for any proposed tidal piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland. For non-tidal waters, the Codes Enforcement Officer and/or the Project Review Board shall be the reviewing authority.
- Art. XIII, §7.a Permit Application, Coastal Waters Ordinance (Chapter 31), p. 21
A letter requesting consideration at a regular meeting of the Coastal Waters Commission must be submitted thirty (30) days in advance to gain access to the next month’s agenda.
- Art. XIII, §8.a.ii, Coastal Waters Ordinance (Chapter 31), p. 22
The total length of a project from the highest annual tide line shall not exceed one hundred twenty-five (125) feet, and no part of the project (e.g., walkway, dock, wharf, platform, ramp or float) may extend more than one fourth of the way across the width of a water body or wetland
- Art. XIII, §8.a.iii, Coastal Waters Ordinance (Chapter 31), p. 22
The property for which the project will be constructed shall have a minimum of sixty (60) feet of shore frontage. No more than one pier, dock, wharf, float or similar structure extending or located below the normal high water line of a water body or within a wetland is allowed on a single lot.
- Art. XIII, §8.c, Coastal Waters Ordinance (Chapter 31), p. 24
Once the Coastal Waters Commission grants approval, and before any construction or site preparation begins, the applicant must obtain all Federal, State and local permits, as required, including but not limited to a building permit from Codes Enforcement Officer, permits from the Department of Environmental Protection under the Natural Resources Protection Act, 38 M.R.S.A. § 480-C as subsequently amended, the Army Corps of Engineers.
- Art. XIII, §8.a.xv, Coastal Waters Ordinance (Chapter 31), p. 24
Structures built on, over or abutting a project, or other structure extending beyond the normal high-water line of a water body or wetland shall not exceed twenty (20) feet in height above the project or other structure.
- Art. XIII, §8.a.v, Coastal Waters Ordinance (Chapter 31), p. 22
New permanent projects on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Codes Enforcement Officer and/or the Project Review 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. 306.B.7, Shoreland Zoning Ordinance (Chapter 65), p. 32
The setback requirements from all other property lines are as outlined in the underlying zoning district and as outlined in Section 304.D above except that piers, docks, wharfs, a shoreline access stairways, and other similar structures do not need to meet lot line setbacks.
- Art. XIII, §8.a.xiv, Coastal Waters Ordinance (Chapter 31), p. 23
No new structure shall be built on, over or abutting a float, pier, wharf, dock or other portion of the project unless the structure requires direct access to the water body or wetland as an operational necessity. No existing structure built on, over or abutting a float, pier, wharf, dock or other portion of a project shall be converted to a dwelling unit - residential.
- Sec. 306.B.1.a, Shoreland Zoning Ordinance (Chapter 65), p. 31
a. This setback does not apply to piers, docks, and retaining walls necessary for the control of shoreline erosion, nor to other functionally water-dependent uses.
- Art. XIII, §7.a.ii, Coastal Waters Ordinance (Chapter 31), p. 21
ii. Proof that certified letter(s) have been sent to abutters within two-hundred and fifty feet (250’) of the proposed project;