Dock, pier and float rules in Gorham, Maine
Yes, with approval. A temporary (seasonal) dock needs shoreland zoning approval from Gorham's Code Enforcement Officer and can be no wider than 6 ft for non-commercial use. A new permanent pier or dock needs Planning Board approval, plus a Maine DEP permit, and is allowed only if you show a temporary dock isn't feasible.
| Temporary vs permanent | Temporary = in the water less than 7 months in any 12; permanent = 7 months or more [1] |
| Temporary dock width | 6 ft max (non-commercial) [2] |
| Permanent docks | Only if a temporary dock isn't feasible, with a DEP permit [3] |
| Who approves | Planning Board for permanent; Code Enforcement Officer for other shoreland activity [4] |
| Buildings on docks | Only if water access is an operational necessity; no conversion to dwellings; max 20 ft above the dock [5] |
| Resource Protection / Stream Protection | Piers and docks are permitted uses in both subdistricts [6] |
Temporary or permanent?
Gorham's code calls a pier, dock or wharf temporary if it stays in or over the water for less than 7 months in any 12-month period, and permanent if it stays 7 months or more [1]. A dock you pull out each fall is a temporary dock.
Design standards
Under Section 2-1.E(9)(c), access from shore must be built on suitable soils with erosion control. The dock can't interfere with existing beaches and must be sited to minimize harm to fisheries. It can be no larger than necessary for the activity, and a temporary dock can be no wider than 6 ft for non-commercial uses [2]. You can't build a structure on, over or next to a dock unless it needs direct water access as an operational necessity. Existing dock structures can't be converted to dwellings, and dock structures can be no taller than 20 ft above the dock [5]. Docks are exempt from the 100 ft and 75 ft water setbacks because they need direct access to the water.
Permanent docks
New permanent piers and docks aren't allowed unless you clearly show the Planning Board that a temporary dock isn't feasible and the Maine DEP has issued a Natural Resources Protection Act permit [3].
Approvals
A permanent pier, dock or wharf needs shoreland zoning approval from the Planning Board. Other regulated shoreland activity, including a temporary dock, needs approval from the Code Enforcement Officer [4]. Piers and docks are listed as permitted uses even in the Resource Protection [6] and Stream Protection subdistricts. Gorham is an inland town and has no harbor or mooring ordinance in our sources. Docks on its ponds and rivers are handled under the shoreland rules.
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Next steps
- Decide whether you need a seasonal dock (out at least 5 months a year) or a permanent one.
- For a seasonal dock, keep it 6 ft wide or less and apply to Gorham Code Enforcement (207-222-1605) for shoreland zoning approval. Bring a sketch of the dock, its size, and how you'll reach it from shore.
- For a permanent dock, get a Maine DEP Natural Resources Protection Act permit first, then apply to the Gorham Planning Board with evidence that a temporary dock isn't feasible.
- Plan shore access so it controls erosion and doesn't require clearing the shoreline vegetation buffer.
Common questions
- Do I need a permit for a dock in Gorham, Maine?
- Yes. A temporary (seasonal) dock needs shoreland zoning approval from Gorham's Code Enforcement Officer. A new permanent dock needs Planning Board approval plus a Maine DEP permit.
- How wide can a seasonal dock be in Gorham, Maine?
- A temporary dock can be no wider than 6 ft for non-commercial use. Gorham defines a dock as temporary if it stays in or over the water less than 7 months in any 12-month period.
- Can I build a permanent dock in Gorham, Maine?
- Only if you clearly show the Planning Board that a temporary dock isn't feasible and the Maine DEP has issued a Natural Resources Protection Act permit. Permanent means in the water 7 months or more in any 12.
- Can I build a boathouse or other building on a dock in Gorham, Maine?
- Generally no. You can't build a structure on, over or next to a dock unless it needs direct water access as an operational necessity. Existing dock structures can't be converted to dwellings, and can be no taller than 20 ft above the dock.
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. 1-5 Definitions, Piers, Docks, Wharves..., Land Use and Development Code – Chapter 1: Zoning Regulations, p. 38
Temporary: Structures which remain in or over the water for less
- Sec. 2-1.E(9)(c)(4), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 23
The facility shall be no larger in dimension than necessary to carry on the activity. A temporary pier, dock or wharf shall not be wider than six (6) feet for non-commercial uses.
- Sec. 2-1.E(9)(c)(6), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 24
New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible and the Department of Environmental Protection has issued a permit pursuant to the Natural Resources Protection Act.
- Sec. 2-1.E(10)(a) Shoreland Zoning Approval Required, Land Use and Development Code – Chapter 2: General Standards of Performance, p. 32
After the effective date of this Subsection no person shall: engage in any activity or land use regulated by this Land Use and Development Code and located in the Shoreland Overlay District without first obtaining shoreland zoning approval from the Planning Board for any permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland for any activity or land use requiring Planned Unit Development review under Chapter 1, Subdivision Review under Chapter 3, or Site Plan review under Chapter 4, or for any exception to the livestock grazing provisions of Subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), or from the Code Enforcement Officer for any other activity or land use.
- Sec. 2-1.E(9)(c)(8), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 24
Structures built on, over or abutting a pier, wharf, dock or other building 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.
- Sec. 2-1.E(8)(a)(16), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 20
(16) Permanent and temporary piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland: