Dock, pier and float rules in Barnstable, Massachusetts
A private dock in Barnstable needs a Notice of Intent and approval from the Conservation Commission, which presumes docks are harmful unless you prove otherwise. Under the Commission's dock rules, floats are capped at 200 sq ft total, the walkway at 4 feet wide, and no dock may extend more than 100 feet past mean low water or more than half your water frontage. No new docks are allowed in an Area of Critical Environmental Concern (ACEC).
| Approval needed | Notice of Intent to the Conservation Commission for any new dock, fixed or floating, permanent or seasonal [1] |
| Max total float area | 200 sq ft (at least 12 in. of water under floats at MLW) [4] |
| Max dock width | 4 ft [5] |
| Max length (frontage) | 1/2 of the lot's water frontage [6] |
| Max length (depth) | No more than 100 ft from mean low water [7] |
| Distance from public channel | At least 35 ft [8] |
| Seasonal use | Installed no earlier than April 1 and removed before November 1 [10] |
| ACECs | No new or expanded docks [9] |
Approval process
Chapter 703, the Conservation Commission's private dock regulation, requires a notice of intent for any new pier or dock, whether fixed or floating, permanent or seasonal, and for any substantial alteration or extension [1]. Copies go to the Shellfish Biologist, the Harbormaster and the Waterways Committee. The filing needs a shellfish survey covering a 50-foot radius, water depth soundings, an eelgrass survey within 200 feet, and plans stamped by a registered engineer or land surveyor. The Commission presumes a dock will harm resource areas; you must overcome that with a preponderance of evidence, and it weighs cumulative impacts of other docks nearby [11]. Seasonal docks overcome the presumption more easily. The DEP (Chapter 91) permit number must be posted on the dock.
Who can build
Private docks are allowed only on land contiguous to the home they serve [2], and not until the home has an occupancy permit [3].
Size limits
- Floats: 200 sq ft combined, with at least 12 inches of water under them at mean low water [4].
- Width: 4 feet maximum; planks spaced at least 3/4 inch, and at least 65% light penetration over salt marsh [5].
- Length: no farther than half the lot's water frontage [6], 100 feet beyond mean low water [7], 35 feet from a public channel [8], or 20% of a narrow waterway's width.
- Depth for motorboats: 30 inches under the boat's draft at mean low water in high-value shellfish habitat, 12 inches elsewhere. Dredging to create depth is prohibited.
Other limits
No new or expanded docks in an ACEC [9]. Boat lifts and davits are generally prohibited on new docks except for documented handicapped access; they're banned in Barnstable Harbor entirely. No CCA, creosote or lead-capped materials; lights are limited and must point downward. Docks must have stairs or another means for the public to walk along the shore.
Seasonal docks
A seasonal dock is in place no earlier than April 1 and removed before November 1 [10]. Floats can't be stored on marshes, dunes or coastal banks.
These regulations generally don't apply to freshwater docks unless the Commission decides they do.
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Next steps
- Talk with the Barnstable Conservation Commission office about your site and get its Submission Requirements Checklist.
- Hire a qualified surveyor for the shellfish survey, soundings and stamped plans, and stake or buoy the dock location within three weeks before the hearing.
- File a Notice of Intent with the Conservation Commission and send copies to the Shellfish Biologist, Harbormaster and Waterways Committee by certified mail or hand delivery.
- Get state Chapter 91 (MassDEP) and any federal approvals, and post the DEP permit number on the dock.
- Give the Natural Resources Department 10 working days' and the Commission 5 business days' written notice before construction.
Common questions
- Do I need a permit for a dock in Barnstable, Massachusetts?
- Yes. Any new private dock needs a Notice of Intent and approval from the Barnstable Conservation Commission, which presumes docks are harmful unless you prove otherwise. State Chapter 91 and any federal approvals may also be needed.
- How big can a dock be in Barnstable, Massachusetts?
- Floats are capped at 200 sq ft total and the walkway at 4 feet wide. A dock can't extend more than 100 feet past mean low water or more than half your water frontage.
- Can I build a seasonal dock in Barnstable, Massachusetts?
- Yes, with a Notice of Intent like any dock. A seasonal dock can be installed no earlier than April 1 and must be removed before November 1. Seasonal docks overcome the Commission's presumption more easily.
- Are new docks allowed in an ACEC in Barnstable, Massachusetts?
- No. No new or expanded docks are allowed in an Area of Critical Environmental Concern.
Massachusetts state rules for docks and piers
A private dock in Massachusetts usually needs several layers of approval beyond local zoning.
Chapter 91 waterways license (MassDEP): any structure, regardless of size, permanent or seasonal, in tidal waters, in a great pond (a pond over 10 acres in its natural state), or in certain navigable rivers needs Chapter 91 authorization (M.G.L. c. 91; 310 CMR 9.00). For small residential docks there are simpler routes:
- a General License certification for pile-supported residential docks, piers, ramps and floats with no fill or dredging, outside ACECs and Designated Port Areas (310 CMR 9.29)
- a Simplified License for residential docks up to 600 sq ft below the high-water line (310 CMR 9.10)
Licenses must be recorded at the Registry of Deeds, and Chapter 91 protects public rights to fish, fowl and navigate.
Conservation Commission: dock work in or near wetlands, banks or land under water needs an Order of Conditions under the Wetlands Protection Act (c. 131, §40).
Harbormaster: bottom-anchored moorings, floats and rafts (no pilings) can be authorized by an annual permit from the local harbormaster instead of a Chapter 91 license (c. 91, §10A). Mooring fees can't discriminate based on residence.
U.S. Army Corps of Engineers: work in navigable waters may also need federal approval. Small private piers and floats are often covered by the Corps' Massachusetts General Permits, which can involve self-verification or pre-construction notification.
What the bylaw says
- § 703-3(A), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 4
A. A notice of intent is required for any new pier or dock, whether fixed or floating, permanent or seasonal; also for any substantial alteration or extension of an existing pier or dock.
- § 703-4(A), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 5
A. Private, noncommercial docks, being structures accessory to and appurtenant to dwellings, will be permitted only on land contiguous to the dwelling being served, except where unusual circumstances of longstanding may apply, such as where the dwelling is separated from the shore by a road.
- § 703-4(B), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 5
B. No dock, even if otherwise permitted, may be constructed when it is appurtenant to a residential dwelling until an occupancy permit has been issued for that dwelling.
- § 703-4(H), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 6
H. Where the project includes the use of floats, the combined size of all floats shall be consistent with the impact of the entire project on the protected values at the site, but not greater than 200 square feet. A minimum depth of 12 inches of water measured at MLW is required under the floats.
- § 703-4(I), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 6
However, where any portion of the dock (walkways, ramps, pier, etc) crosses a salt marsh, a minimum of 65% light penetration is required. The maximum dock width shall be 4 feet, measured center of pile to center of pile.
- § 703-4(J)(1), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 6
(1) A point equaling 1/2 of the lot's water frontage measured in a straight line between the lot's waterfront corners.
- § 703-4(J)(3), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 6
(3) Is necessary to attain a depth of water at mean low water suitable for a private use of the pier that is consistent with protection of the wetland resources adjacent to the site and uses of the adjacent waters and wetlands by the public in pursuit of the interests protected under the Town of Barnstable Wetlands Protection Ordinance, but under no circumstances greater than 100 feet from mean low water, including all "ells" and "tees," regardless of configuration.
- § 703-4(J)(2), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 6
(2) A point 35 feet from a publicly used channel, either a marked channel or a channel as defined by historic use. This dimension includes the beam of the vessel being berthed.
- § 703-4(N), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 7
N. Notwithstanding any other provisions contained herein, no new or expansion of an existing dock shall be permitted within an ACEC (area of critical environmental concern).
- § 703-2 Definitions, Seasonal use, Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 3
SEASONAL USE — The dock, ramp, floats and all supporting materials are not in place in any wetland resource area prior to April 1 of each year and are removed prior to November 1 of each year.
- § 703-5(A), Chapter 703: Private Docks and Piers (Conservation Commission regulation; adopted 10-26-2004, amended 2/6/2018 and 2/20/2018), p. 8
These presumptions are rebuttable and may be overcome only by a preponderance of evidence showing that the work does not have a significant or cumulative adverse effect upon the resource values. The burden of proof to overcome the presumption shall be borne by the applicant.