Dock, pier and float rules in Burlington, Massachusetts
Burlington is an inland town with no dock bylaw. Zoning lists docks as an allowed accessory use in the Wetlands District, but building a dock on a bank, pond or stream bottom, or within 100 feet of one, needs a Conservation Commission permit under the town's Wetlands Protection Bylaw. Our sources set no local dock size limits.
| Zoning (Wetlands District) | Docks allowed as an accessory use in all districts [1] |
| Town approval | Conservation Commission permit for work on banks, ponds, land under water or the 100-ft buffer [3] |
| Work on land under water | Must not impair channel capacity, water quality or fish and wildlife habitat [4] |
| Local size limits | None found [1] |
The wetlands bylaw we have is the 2013 version and the zoning is consolidated through January 2025; later amendments, if any, are not reflected.
No dock bylaw
Burlington is inland; its waters are ponds, brooks and wetlands. We found no local dock, pier or float bylaw, and the zoning and wetlands rules we reviewed set no size limits and don't distinguish seasonal from permanent docks.
Zoning
The Wetlands District is a zoning overlay mapped over wetland areas. Within it, accessory uses are "limited to fences, flagpoles, noncommercial signs, docks," allowed (YES) in every underlying district [1]. Any use not specifically listed for the Wetlands District is prohibited there [2]. Noncommercial boating and fishing are also allowed principal uses in the district where otherwise legally permitted.
Conservation Commission permit
The zoning allowance doesn't replace wetlands review. Under the Wetlands Protection Bylaw, no one may fill, dredge, build on or otherwise alter banks, ponds, lakes, land under water bodies or land within 100 feet of them without Conservation Commission permission [3]. A dock, its pilings and any access path would normally fall within this. The Commission's regulations say that any permitted work on land under water bodies, or within 100 feet of it, must not impair the channel's water-carrying capacity, water quality, or habitat for fish and other wildlife [4]. Projects can't harm mapped rare-species habitat or certified vernal pools, and altered land under water may have to be replicated at 2:1.
State and federal permits
State Chapter 91 licensing generally applies to great ponds (over 10 acres) and certain rivers. Federal Army Corps permits can also apply. Ask the Conservation Commission which apply to your water body.
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Next steps
- Contact the Conservation Commission before planning any dock, float or shoreline access.
- File a Request for Determination of Applicability or a Notice of Intent with the Bylaw Wetland Permit Application, with plans showing the bank, water line and dock design.
- Ask whether your pond or stream is a great pond or otherwise needs a state Chapter 91 license or federal permit, and check with the Building Department (781-270-1615) about any building permit.
Common questions
- Do I need a permit to build a dock in Burlington, Massachusetts?
- Yes. Building a dock on a bank, pond or stream bottom, or within 100 feet of one, needs a Conservation Commission permit under the town's Wetlands Protection Bylaw. State Chapter 91 or federal Army Corps permits can also apply.
- Does Burlington, Massachusetts have a dock bylaw?
- No. Burlington is an inland town, and we found no local dock, pier or float bylaw. The zoning and wetlands rules reviewed set no dock size limits and don't distinguish seasonal from permanent docks.
- Are docks allowed in the Wetlands District in Burlington, Massachusetts?
- Yes. Zoning lists docks as an allowed accessory use in the Wetlands District in every underlying district, but that doesn't replace Conservation Commission wetlands review.
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
- §4.4.2.1 Accessory Uses in the Wetlands District, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 55
Accessory uses limited to 4.4.2.1 fences, flagpoles, YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES noncommercial signs, docks
- §8.2.3 Interpretation and Application, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 92
Any use within the limits of the Wetland District shall be governed by this section and all other applicable provisions of this Bylaw. All uses not specifically permitted by Section 4.4.1 or 4.4.2 are prohibited.
- Art. XIV §1.2 Jurisdiction, General Bylaws Article XIV 1.0 Wetlands Protection Bylaw (adopted Art. 23 TM 5/20/2013; AG approved July 29, 2013), p. 1
Except as permitted by the Conservation Commission no person shall remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas as defined in the Burlington Wetland Bylaw Regulations: any freshwater wetlands; marshes; wet meadows; bogs; swamps; vernal pools; springs; banks; reservoirs; lakes; ponds; beaches; lands under water bodies; lands subject to flooding by groundwater or surface water; or lands adjoining these resource areas out to a distance of 100 feet, known as the buffer zone.
- §21.3(d) Land Under Water Bodies, General Performance Standards, Burlington Wetland Bylaw Regulations (adopted Jan 23, 2014; amended March 14, 2024, effective April 1, 2024), p. 21
1. Where the presumptions set forth above are not overcome, any proposed work permitted by the Commission on land under water bodies or within 100 feet of land under water bodies shall not impair the following: i. the water-carrying capacity within the defined channel, as provided by said land in conjunction with the banks; ii. ground and surface water quality;