Dock, pier and float rules in Scarborough, Maine
Yes, with town approval: a temporary (seasonal, under 7 months a year) dock or float needs a permit from the Code Enforcement Officer, and a permanent pier or dock needs Planning Board approval. Only one dock is allowed per lot (two with double the minimum shore frontage), and state and federal approvals are also required.
| Temporary dock/float approval | Code Enforcement Officer permit [1] |
| Permanent pier/dock approval | Planning Board permit [1] |
| Temporary vs permanent | Temporary = in or over the water less than 7 months in any 12 [2] |
| Number per lot | 1 (2 if lot has at least twice the minimum shore frontage) [3] |
| Width of temporary non-commercial dock (non-tidal waters) | Max 6 feet [4] |
| Permanent docks on non-tidal waters | Only if temporary not feasible, plus a Maine DEP (NRPA) permit [5] |
| Structures on a pier | Max 20 ft above the pier; only if water access is an operational necessity [6] |
| Shoreline setback | None for piers and docks [7] |
Town approval
Under the shoreland zoning land use table, piers, docks, wharfs and other structures extending over or below the normal high-water line or into a wetland need a Code Enforcement Officer permit if temporary and a Planning Board permit if permanent, in every shoreland district [1]. A structure is temporary if it stays in or over the water less than seven months in any 12-month period [2], so a seasonal float that comes out for winter is temporary.
Size and number limits
- One pier, dock, wharf or similar structure per lot, or two if the lot has at least twice the minimum shore frontage and isn't further divided [3].
- The facility can be no larger than necessary for the activity and must fit existing conditions and the character of the area. Temporary non-commercial docks on non-tidal waters may be no wider than 6 feet [4].
- It must not interfere with beaches, must minimize harm to fisheries, and shore access must be built on suitable soils with erosion control.
- New permanent piers and docks on non-tidal waters are not allowed unless the Planning Board finds a temporary dock isn't feasible and you have a Maine DEP permit under the Natural Resources Protection Act [5].
- Buildings on a pier are allowed only if they need direct water access, can't be converted to dwellings, and may not exceed 20 feet above the pier [6].
Setbacks and wetlands
The 75-foot shoreland setback does not apply to piers, docks and similar water-dependent structures [7]. In Chapter 405's wetland buffer rules, installing piers or docks is permitted provided all required local, state and federal approvals have been granted [8].
Moorings
Placing a mooring in the harbor requires a separate permit from the Harbormaster, with proof of boat registration and insurance, and a limit of two moorings per household [9].
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Next steps
- Decide whether your dock will be temporary (removed at least 5 months a year) or permanent.
- Contact Scarborough Planning & Codes, (207) 730-4040: apply to the Code Enforcement Officer for a temporary dock or to the Planning Board for a permanent pier, with a scaled plan.
- Check with Maine DEP about a Natural Resources Protection Act permit and with the U.S. Army Corps of Engineers about federal approval before building.
- For a boat mooring, apply to the Scarborough Harbormaster with your boat registration and insurance.
Common questions
- Can I build a dock in Scarborough, Maine?
- Yes, with town approval. A temporary dock or float needs a Code Enforcement Officer permit, and a permanent pier or dock needs Planning Board approval. State and federal approvals are also required.
- What counts as a seasonal dock in Scarborough, Maine?
- A structure is temporary if it stays in or over the water less than 7 months in any 12. A seasonal float that comes out for winter is temporary.
- How many docks can I have on my lot in Scarborough, Maine?
- One per lot, or two if the lot has at least twice the minimum shore frontage and isn't further divided.
- Do I need a permit for a mooring in Scarborough, Maine?
- Yes. A mooring needs a separate permit from the Harbormaster, with proof of boat registration and insurance, and there's a limit of two moorings per household.
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
- Section 14, Table 1, line 17, Shoreland Zoning Ordinance (Chapter 405C), p. 18
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- Section 17 Definitions – Piers, docks (Temporary), Shoreland Zoning Ordinance (Chapter 405C), p. 54
Structures which remain in or over the water for less than seven (7) months in any period of twelve (12) consecutive months.
- Section 15.C.1, Shoreland Zoning Ordinance (Chapter 405C), p. 23
No more than one pier, dock, wharf 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; except that when a single lot contains at least twice the minimum shore frontage as specified in Section 15(A), a second structure may be allowed and may remain as long as the lot is not further divided.
- Section 15.C.5, Shoreland Zoning Ordinance (Chapter 405C), p. 23
A temporary pier, dock or wharf in non-tidal waters shall not be wider than six feet for non-commercial uses.
- Section 15.C.7, Shoreland Zoning Ordinance (Chapter 405C), p. 24
New permanent piers and docks on non-tidal waters 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 from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
- Section 15.C.9, Shoreland Zoning Ordinance (Chapter 405C), p. 24
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.
- Section 15.B.1(e), Shoreland Zoning Ordinance (Chapter 405C), p. 21
For these uses there is no required shoreland setback.
- Section X.A Wetland Setbacks and Vegetated Buffers – Permitted Activity table, Zoning Ordinance (Chapter 405), compiled, p. 152
Installation of piers or docks, provided that all required local, state, and P P federal approvals have been granted
- Article V, Section 1a. Placement of Private Moorings, Coastal Waters and Harbor Ordinance (Chapter 1401), p. 10
It shall be a violation of this Ordinance to place any mooring in the harbor without a permit from the Harbormaster issued in accordance with 38 M.R.S.A. Sections 3, 7-A and 8.