Dock, pier and float rules in Kennebunk, Maine
Yes, with Planning Board approval. In Kennebunk's residential districts, a pier, dock or wharf is a special exception. It needs Planning Board review, then a building permit, plus a DEP permit if it's permanent. Your lot needs at least 60 ft of shore frontage. Private docks can be no wider than 4 ft and no longer than 100 ft in total (the Planning Board can modify the length if there's no other reasonable way to reach the water), and floats are limited to 200 sq ft.
| Town approval | Planning Board special exception, then a building permit [2] |
| Zones | Special exception in residential districts (e.g. SR, VR, RR, RC, CR) [1] |
| Minimum shore frontage | 60 ft (or share with an abutter) [4] |
| Float size | Max 200 sq ft [3] |
| Width (non-commercial) | Max 4 ft [6] |
| Length | Max 100 ft total and no more than 1/5 of the way across the water [7] |
| Side setback | 25 ft from property lines and their seaward extensions [5] |
| Permanent vs seasonal | Permanent = in place more than 7 months a year [8] |
Town approval
Kennebunk's residential district sections list "permanent or temporary piers, docks, and wharves" as special exceptions [1]. That means a public hearing and approval by the Planning Board under Article 7. Any new dock, or any material expansion or alteration, requires a building permit, subject to that prior special exception approval [2]. For Kennebunk River projects, the River Committee and Harbormaster review the application before the Board acts.
State and federal permits
A permanent structure, or an expansion of one, also needs a DEP permit under the Natural Resources Protection Act. The Army Corps of Engineers may need to approve work in navigable waters, and a submerged land lease from the state may apply [2]. A dock is "permanent" if any part stays in place more than 7 months of the calendar year [8]. On non-tidal waters, a new permanent dock is allowed only if a temporary one isn't feasible and DEP has issued a permit.
Size and design limits (Article 10, Section 3.E)
- Floats: no more than 200 sq ft. Abutters sharing a pier may have two floats [3].
- Frontage: at least 60 ft of shore frontage, or a recorded shared-pier agreement with an abutter [4].
- Setback: no part of a pier or float within 25 ft of a property line or its seaward extension, unless the pier is shared [5].
- Width: a non-commercial pier, ramp, walkway or dock can be no wider than 4 ft [6]. Pilings must be at least 10 ft apart. Deck boards can be no wider than 6 inches, and paint and stains aren't allowed.
- Length: 100 ft total, and no more than 1/5 of the way across the water [7]. The Planning Board can modify the length limit if no other reasonable alternative exists to provide water access.
- No living space on or attached to a dock. Off-season storage of floats must be on upland areas.
Moorings
On the Kennebunk River, moorings need written authorization from the Harbormaster under the Harbor Ordinance.
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Next steps
- Confirm you have 60 ft of shore frontage, or arrange a recorded shared-pier agreement with an abutter.
- Apply to the Kennebunk Planning Board for special exception approval, which includes a public hearing and abutter notice.
- For a permanent dock, get a DEP Natural Resources Protection Act permit. For tidal waters, check with the Army Corps and the Bureau of Parks and Lands about a submerged land lease.
- After approval, get the building permit from Code Enforcement (207-604-1303). On the Kennebunk River, contact the Harbormaster about moorings.
Common questions
- Do I need a permit for a dock in Kennebunk, Maine?
- Yes. In the residential districts, a pier, dock or wharf is a special exception needing Planning Board approval, then a building permit. A permanent dock also needs a DEP permit.
- How wide can a dock be in Kennebunk, Maine?
- A non-commercial pier, ramp, walkway or dock can be no wider than 4 ft. Floats are limited to 200 sq ft.
- How long can a dock be in Kennebunk, Maine?
- 100 ft total, and no more than 1/5 of the way across the water. The Planning Board can modify the length limit if no other reasonable alternative exists to reach the water.
- How much shore frontage do I need for a dock in Kennebunk, Maine?
- At least 60 ft of shore frontage, or a recorded shared-pier agreement with an abutter. No part of a pier or float may be within 25 ft of a property line or its seaward extension unless the pier is shared.
- What counts as a permanent dock in Kennebunk, Maine?
- A dock is permanent if any part stays in place more than 7 months of the calendar year.
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
- Article 8, Section 6.C(3) Suburban Residential special exceptions, Zoning Article 8 Sect 6 - Suburban Residential District, p. 2
3. The following recreation and marine uses: 3-1 Permanent or temporary piers, docks, and wharves
- Article 10, Section 3.E(1), Zoning Ordinance Article 10 - Performance Standards, p. 5
(1) Any new permanent, temporary, or material expansion or alteration of a pier, dock, wharf, bridge, or other structure or use extending over or below the normal high water line of a water body or within a wetland shall require a building permit; subject to prior Special Exception review and approval by the Planning Board.
- Article 10, Section 3.E(2)(b), Zoning Ordinance Article 10 - Performance Standards, p. 5
The area of a float or floats shall not exceed 200 square feet, except that when shared by two or more abutting property owners as delineated in 10.3. E. (2)(c) two such floats may be used,
- Article 10, Section 3.E(2)(c), Zoning Ordinance Article 10 - Performance Standards, p. 5
(c) Piers, docks, wharves, walkways, ramps or floats require the lot to have a minimum of 60 feet of shore frontage.
- Article 10, Section 3.E(2)(d), Zoning Ordinance Article 10 - Performance Standards, p. 6
(d) No portion of a pier or float shall be located within 25 feet of a property line or property line extension seaward, unless the pier is a shared pier as per 10.3.E.(2)(c),
- Article 10, Section 3.E(2)(h), Zoning Ordinance Article 10 - Performance Standards, p. 6
A noncommercial ramp, pier, walkway, dock or wharf shall not be wider than four feet. Pairs of pilings or supports shall be not closer than ten feet,
- Article 10, Section 3.E(2)(n), Zoning Ordinance Article 10 - Performance Standards, p. 6
(n) Any pier, walkway, dock or wharf, including ramps and floats, shall be no longer than a total length of 100 feet nor extend more than one fifth (1/5) of way across a body of water.
- Article 2, Definitions: Pier (or Dock or Wharf), Zoning Ordinance Article 2 - Definitions, p. 15
A permanent pier, dock, or wharf is one in which the structure or any part thereof is in place for more than seven (7) months during any calendar year.