Dock, pier and float rules in North Yarmouth, Maine
Yes, with town approval. A temporary (seasonal) dock needs a Code Enforcement Officer permit and can be no wider than 6 ft for non-commercial use. A permanent dock or pier in the shoreland districts needs Planning Board approval, plus proof that a temporary dock isn't feasible and a Maine DEP permit.
| Temporary dock approval | Code Enforcement Officer [1] |
| Permanent dock approval | Planning Board [1] |
| Temporary vs permanent | Temporary = in the water less than 7 months in any 12; permanent = 7 months or more [3] |
| Max width, temporary non-commercial dock | 6 ft [4] |
| New permanent docks | Only if a temporary dock isn't feasible and a DEP permit is obtained [5] |
| Structures on a dock | Only if they need direct water access; max 20 ft above the dock; no conversion to dwellings [6] |
Town approval
North Yarmouth is an inland town, so docks are regulated through the shoreland provisions of the Land Use Ordinance. Permanent piers, docks and wharves need Planning Board approval, while temporary ones need Code Enforcement Officer approval [1]. The land use table shows permanent docks as requiring Planning Board site plan review in the Resource Protection and Residential Shoreland districts and the Royal River and Groundwater overlays, and temporary docks as a Code Enforcement Officer permit in every district [2].
Seasonal vs permanent
A temporary dock stays in or over the water less than 7 months in any 12-month period. One that stays 7 months or more is permanent [3]. New permanent piers and docks aren't allowed unless you clearly show the Planning Board that a temporary dock isn't feasible and you have a DEP permit under the Natural Resources Protection Act [5].
Design standards
The dock must be no larger than needed for its use and fit the character of the area. A temporary, non-commercial dock can be no wider than 6 ft [4]. Access from shore must be built on suitable soils with erosion control, and the dock must not interfere with existing beaches or harm fisheries. No new structure may be built on or next to a dock unless it needs direct water access, and such structures can't exceed 20 ft above the dock. Existing structures on docks can't be converted to homes [6].
Other permits
Any construction or alteration of a permanent structure in, on, over or next to a wetland, river, stream or brook also requires a Maine DEP permit [7]. Docks are exempt from the shoreland building setbacks because they need direct access to the water.
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Next steps
- Decide whether the dock will be seasonal (out of the water at least 5 months a year) or permanent.
- For a seasonal dock, apply to the Code Enforcement Office (207-829-3705 ext. 206) with a plan showing its size (6 ft maximum width) and shore access.
- For a permanent dock, get a Maine DEP Natural Resources Protection Act permit and apply to the Planning Board, showing why a seasonal dock won't work.
- Plan shore access to limit erosion and avoid clearing beyond the shoreland vegetation limits.
Common questions
- Can I build a dock in North Yarmouth, Maine?
- Yes, with town approval. A temporary (seasonal) dock needs a Code Enforcement Officer permit. A permanent dock or pier in the shoreland districts needs Planning Board approval.
- What counts as a seasonal dock in North Yarmouth, Maine?
- A temporary dock stays in or over the water less than 7 months in any 12. One that stays 7 months or more is permanent.
- How wide can a dock be in North Yarmouth, Maine?
- A temporary, non-commercial dock can be no wider than 6 feet. Any dock must be no larger than needed for its use.
- Can I build a permanent dock in North Yarmouth, Maine?
- Only if you show the Planning Board that a temporary dock isn't feasible and you have a Maine DEP permit under the Natural Resources Protection Act.
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
- Table 7-1, footnote 15, Land Use Ordinance, p. 75
Piers/Docks/Wharfs/Bridges - Permanent are allowed via Planning Board approval & Piers/Docks/Wharfs/Bridges – Temporary are allowed via CEO approval, excluding bridges and other crossings not involving earth work, in which case no permit is required [Amended 5/17/08].
- Table 7-1, Land Uses by Zoning District (Recreational Uses), Land Use Ordinance, p. 80
Piers/Docks/Wharfs/Bridges – Permanent P P P SPR15 SPR15 SPR SPR Piers/Docks/Wharfs/Bridges – Temporary P P P P15 P15 P P
- Sec. XII Definitions, "Piers, Docks, Wharves, Bridges...", Land Use Ordinance, p. 287
Temporary: Structures that remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months. Permanent: Structures that remain in or over the water for seven (7) months or more in any period of twelve (12) consecutive months.
- Sec. 9.1(H)(4), Land Use Ordinance, p. 113
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six (6) feet for non-commercial uses.
- Sec. 9.1(H)(6), Land Use Ordinance, p. 113
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 a permit has been obtained fromt he Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
- Sec. 9.1(H)(8), Land Use Ordinance, p. 113
Structures built on, over or abutting a pier, wharf, dock or other structure 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. 9.1(E), Land Use Ordinance, p. 111
A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S., Section 480-C, if the activity occurs in, on, over, or adjacent to any wetland, river, stream or brook and operates in such a manner that material or soil may be washed into them: