Dock, pier and float rules in Windham, Maine
A permanent dock or pier in Windham needs Planning Board site plan approval in every shoreland district, and on lakes and ponds it's allowed only if the Board finds a temporary dock isn't feasible and DEP has issued a permit. Only one dock is allowed per lot unless the lot has at least twice the minimum shore frontage. The ordinance doesn't say whether a seasonal, removable dock needs a town permit, so ask Code Enforcement.
| Permanent pier/dock approval | Planning Board site plan approval (all shoreland districts) [1] |
| Docks per lot | 1 (a 2nd if lot has at least twice the minimum shore frontage) [2] |
| New permanent docks on nontidal waters | Only if a temporary dock isn't feasible and DEP permit obtained [3] |
| Size | No larger than necessary for the activity [4] |
| Structures on a dock (outside GD) | Max 20 ft above the dock [5] |
Approval
Windham's Shoreland Zoning chapter (Chapter 185) lists "permanent piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland." The land-use table shows these as needing Planning Board site plan approval in all four shoreland districts: Stream Protection, Resource Protection, Limited Residential and General Development [1]. Docks are exempt from the normal water setback because they need direct access to the water.
Permanent vs. temporary
New permanent piers and docks on nontidal waters are allowed only if you clearly show the Planning Board that a temporary pier or dock isn't feasible, and you've gotten a Natural Resources Protection Act permit from DEP [3]. In practice, plan on a seasonal, removable dock. The chapter doesn't give a local size limit for temporary docks. State standards are shown separately on this page.
Standards
- Only one pier, dock, wharf or similar structure is allowed per lot, unless the lot has at least twice the minimum shore frontage. In that case a second is allowed as long as the lot isn't divided [2].
- Access from shore must be built on suitable soils with erosion control. The dock can't interfere with beaches and should limit harm to fisheries.
- The dock can be no larger than needed for the activity and must fit the character of the area [4].
- New structures on a dock are allowed only if they need direct water access. Outside the General Development District, they're capped at 20 ft above the dock [5]. Existing dock structures can't be converted to dwellings except in GD.
- A structure built on floats is prohibited unless it's designed as, and registered as, a watercraft with Inland Fisheries and Wildlife.
See how Windham compares with 8+ other Maine towns on docks, piers & floats →
Next steps
- Ask the Windham Code Enforcement Department which shoreland district your lot is in and whether a seasonal dock needs any town permit.
- For a permanent dock, apply for Planning Board site plan review and be ready to show why a temporary dock isn't feasible.
- Get a DEP Natural Resources Protection Act permit for any permanent structure in or over the water.
- Check your shore frontage if you want a second dock.
Common questions
- Do I need a permit to build a dock in Windham, Maine?
- A permanent dock or pier needs Planning Board site plan approval in every shoreland district. The ordinance doesn't say whether a seasonal, removable dock needs a town permit, so ask Code Enforcement.
- Can I build a permanent dock on a lake in Windham, Maine?
- Only if you clearly show the Planning Board that a temporary dock isn't feasible and you've gotten a DEP permit under the Natural Resources Protection Act.
- How many docks can I have per lot in Windham, Maine?
- One, unless the lot has at least twice the minimum shore frontage, in which case a second is allowed as long as the lot isn't divided.
- How tall can structures on a dock be in Windham, Maine?
- Outside the General Development District, new structures on a dock are capped at 20 ft above the dock, and are allowed only if they need direct water access.
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
- §185-14, Table 1, Land Uses in the Shoreland Zone, Shoreland Zoning (Chapter 185), p. 1
Permanent piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland PB-SP PB-SP PB-SP PB-SP
- §185-15C(1), Shoreland Zoning (Chapter 185), p. 1
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 § 185-15A, a second structure may be allowed and may remain as long as the lot is not further divided.
- §185-15C(7), Shoreland Zoning (Chapter 185), p. 1
New permanent piers and docks on nontidal 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.
- §185-15C(5), Shoreland Zoning (Chapter 185), p. 1
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with existing conditions, use, and character of the area.
- §185-15C(9), Shoreland Zoning (Chapter 185), p. 1
Except in the General Development District, 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 20 feet in height above the pier, wharf, dock or other structure.