Dock, pier and float rules in Kittery, Maine
Yes, with Kittery Port Authority plan approval followed by a building permit from the Code Enforcement Officer. A private, non-commercial pier can be no wider than 6 feet and can extend no more than 100 feet past mean high water (and not past the low-water mark), with the full pier, ramp and float system capped at 150 feet. It must be set back 25 feet from property lines, and normally only one pier, ramp and float system is allowed per residential lot.
| Approving body | Kittery Port Authority, for structures below the highest astronomical tide [1] |
| Building permit | Required from the CEO after Port Authority approval [2] |
| Max width (non-commercial private pier) | 6 ft [3] |
| Max length past mean high water | Pier 100 ft; full ramp, pier and float system 150 ft; not below mean low water [3] |
| Max pier deck height | 10 ft above mean high water; handrails 42 in. [4] |
| Setbacks | 25 ft from property lines; 50 ft from others' structures below the tide line [5] |
| Number per lot | One pier, ramp and float structure per noncommercial lot [6] |
| Other permits (permanent structures below low water) | DEP NRPA, Army Corps, Bureau of Parks and Lands [7] |
Who approves
The Kittery Port Authority approves all marine-related structures built below the highest astronomical tide [1]. No wharf, pier or float may be built or altered without a building permit from the Code Enforcement Officer, which you get after Port Authority plan approval [2]. The Port Authority process includes a scheduling hearing, a public hearing and notice to shorefront abutters within 150 feet. You must get the building permit within one year of approval. Residential joint-use or shared-use piers and residential development piers also need Planning Board approval.
Size and placement
- Width: non-commercial private piers can be up to 6 feet wide [3].
- Length: except for temporary ramps and floats, the full ramp, pier and float structure can extend no more than 150 feet beyond mean high water. The pier itself can extend no more than 100 feet, and it can't go below mean low water, whichever is shorter [3].
- Height: the deck can be no higher than 10 feet above mean high water, with handrails no higher than 42 inches, unless the Port Authority approves more [4].
- Setbacks: 25 feet from property lines and 50 feet from other owners' fixed structures, unless neighbors give written permission [5].
- Number: only one pier, ramp and float structure per noncommercial lot [6]. The shoreland section of Chapter 16.9 adds that a lot with at least twice the minimum shore frontage may be allowed a second structure [8], so ask the Port Authority how it applies the two provisions together.
What can go on a pier
Only functionally water-dependent uses are allowed on a pier. Structures on a pier are capped at 20 feet tall outside the Commercial Fisheries/Maritime overlay, and they can never become dwellings. New boathouses must go on upland and meet principal-structure setbacks.
State and federal permits
Permanent marine structures below mean low water need Port Authority approval, a DEP Natural Resources Protection Act permit, an Army Corps of Engineers permit, Bureau of Parks and Lands submerged-lands approval, and a building permit [7].
Seasonal floats
The length limits exempt temporary ramps and floats. The rules define a swim float as one moored temporarily, no earlier than May 15 and no later than October 15. Ask the Harbormaster about moorings and moored floats.
Sources
These rules come from the current Chapter 16.9 (amended December 9, 2024) and the Port Authority Rules and Regulations as amended March 5, 2026.
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Next steps
- Hold a preliminary meeting with the Town Planner or Code Enforcement (207-475-1304) to review your pier, ramp and float plan.
- Have engineered plans drawn showing the pier's dimensions, its distance to property lines and to mean high and low water, and any vegetation clearing.
- File a Port Authority application with the fee. File your DEP NRPA, Army Corps and Bureau of Parks and Lands submerged-lands applications at the same time.
- After Port Authority approval, get a building permit from the CEO within one year, before starting work.
Common questions
- Do I need a permit for a dock in Kittery, Maine?
- Yes. You need Kittery Port Authority plan approval, then a building permit from the Code Enforcement Officer. Permanent structures below mean low water also need DEP, Army Corps and Bureau of Parks and Lands approvals.
- How wide and long can a private dock be in Kittery, Maine?
- A non-commercial private pier can be up to 6 feet wide and extend no more than 100 feet past mean high water, and not below mean low water. The full ramp, pier and float system is capped at 150 feet.
- How close to the property line can a dock be in Kittery, Maine?
- Docks must be 25 feet from property lines and 50 feet from other owners' fixed structures, unless neighbors give written permission.
- How many docks can I have on my lot in Kittery, Maine?
- Normally only one pier, ramp and float structure per noncommercial lot. A lot with at least twice the minimum shore frontage may be allowed a second, so ask the Port Authority how the provisions apply.
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
- KPA Rules § 4.1 Authority, Kittery Port Authority Rules and Regulations (Amended March 5, 2026), p. 29
The Port Authority is the approving body for all marine-related structures to be built in the Town below the highest astronomical tide.
- KPA Rules § 4.2.1 Permits, Kittery Port Authority Rules and Regulations (Amended March 5, 2026), p. 29
4.2.1. No wharf, pier, float, or any other marine-related structure may be erected, moved, or otherwise altered without a Building Permit, issued by the Code Enforcement Officer after plan approval is obtained from the Port Authority, as required by these Rules and Regulations and Title 16, and in compliance with all requirements of the applicable local, State and Federal requirements.
- KPA Rules § 4.7.3 Performance Standards, Kittery Port Authority Rules and Regulations (Amended March 5, 2026), p. 32
4.7.3. Non-commercial private piers may have a maximum width of 6 feet. Except for temporary ramps and floats, the total length of a ramp, pier and float structure may not extend more than 150 feet beyond mean high water and piers not extend more than 100 feet beyond the mean high water nor extend below the mean low water mark, whichever is shorter.
- KPA Rules § 4.7.4 Performance Standards, Kittery Port Authority Rules and Regulations (Amended March 5, 2026), p. 32
4.7.4. The maximum height of the pier deck may not exceed ten (10) feet above mean high water, and the handrails not exceed 42" above the pier deck without the specific approval of the Port Authority,
- KPA Rules § 4.7.6 Performance Standards, Kittery Port Authority Rules and Regulations (Amended March 5, 2026), p. 33
4.7.6. Piers, wharves, pilings, and floats must be set back at least 25 feet from property lines and 50 feet from other structures that are fixed in place below the highest astronomical tide and not owned or controlled by the applicant unless a letter of permission is granted by the abutting or other controlling property owner.
- § 16.9.2.D(15) Performance standards, Chapter 16.9: Maritime and Shoreland-Related Development
(15) Only one pier, ramp and float structure is permitted on any noncommercial or nonindustrial lot.
- § 16.9.2.D(16) Performance standards, Chapter 16.9: Maritime and Shoreland-Related Development
(16) Marine-related permanent structures located below the mean low-water line require the following permits, leases and approvals: (a) Port Authority approval; (b) Department of Environmental Protection permit pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C; (c) Army Corps of Engineers permit; (d) Maine State Department of Conservation, Bureau of Parks and Lands, Submerged Land Coordinator approval; and (e) Building permit.
- § 16.9.4.D(5)(a)[13][a] Piers, docks, wharves (shoreland performance standards), Chapter 16.9: Maritime and Shoreland-Related Development
When that single lot contains at least twice the minimum shore frontage as specified in § 16.4.28, a second structure may be allowed and remain as long as the lot is not further divided.