Dock, pier and float rules in Concord, Massachusetts
Concord has no dock bylaw. A dock, pier or float is work in a wetland resource area, so it needs a permit from the Natural Resources Commission under the Wetlands Bylaw (usually a Notice of Intent and public hearing). Docks are exempt from the Commission's 50-ft No Build Zone, but no local size limits are set, and state Chapter 91 and federal permits may also apply.
| Town approval | Natural Resources Commission permit under the Wetlands Bylaw [1] |
| Why it's covered | Driving piles, building structures or placing objects in water count as altering a resource area [3] |
| 50-ft No Build Zone | Docks and piers are exempt from the 50-ft No Build Zone policy [4] |
| 25-ft setback | Work within 25 ft of ponds, banks or land under water is presumed prohibited unless rebutted or waived [5] |
| Riverfront Area | Must show no practicable alternative and no significant adverse impact [7] |
| Permit term | 3 years; must be recorded at the Registry of Deeds before work [9] |
| Size limits | No local dock size limit found [1] |
Town approval
These rules come from the Wetlands Bylaw as amended in April 2013 and the Natural Resources Commission's 2021 No Build Zone policy; they may have changed since. Concord has no separate dock or pier bylaw. Docks are handled under the Wetlands Bylaw by the Natural Resources Commission. The bylaw bars building on or otherwise altering a protected resource area without the Commission's permission [1]. That includes land under ponds, rivers and streams [2]. "Alter" covers driving piles, building any structure, and placing obstructions in water [3]. A dock, pier or float on a Concord pond or river therefore needs a Wetlands Bylaw application, normally a Notice of Intent with a public hearing.
Setbacks and review standards
- The Commission's 50-ft No Build Zone policy expressly exempts water-dependent structures such as docks and piers [4].
- The bylaw's 25-ft setback still applies. Work within 25 ft of banks, ponds and land under water is presumed harmful and prohibited [5]. You must rebut that presumption with evidence or qualify for a waiver [6], so expect close scrutiny of pile placement, shading and access paths.
- Along the Assabet, Sudbury and Concord rivers and other perennial streams, you must also prove there's no practicable alternative and no significant adverse impact [7].
After approval
The permit must be recorded at the Middlesex South Registry of Deeds before work starts [8]. It expires after three years unless extended [9].
What the local sources don't cover
They set no dock size limits, seasonal-versus-permanent rules, or zones where docks are allowed. Boating itself falls under the Motor Boat Bylaw, which bans wakes and unsafe operation on the rivers and inland lakes [10]. State Chapter 91 licensing (for great ponds and navigable rivers) and federal Army Corps rules may also apply.
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Next steps
- Contact the Natural Resources Division (141 Keyes Road) for a pre-application discussion about your dock location.
- File a Notice of Intent with the Natural Resources Commission (combined state/local forms) with plans showing pilings/floats, notify abutters, and attend the hearing.
- Ask MassDEP whether your waterbody needs a Chapter 91 license, and check Army Corps requirements.
- Record the Commission's permit at the Middlesex South Registry of Deeds and send proof to the Commission before building.
Common questions
- Do I need a permit for a dock in Concord, Massachusetts?
- Yes. Concord has no dock bylaw, but a dock, pier or float is work in a wetland resource area, so it needs a permit from the Natural Resources Commission under the Wetlands Bylaw, normally a Notice of Intent with a public hearing.
- Are there size limits for docks in Concord, Massachusetts?
- No local dock size limits were found. Docks and piers are exempt from the Commission's 50-ft No Build Zone policy, but work within 25 ft of banks, ponds and land under water is presumed prohibited unless you rebut it or get a waiver.
- Do I need a state license for a dock in Concord, Massachusetts?
- Possibly. State Chapter 91 licensing applies to great ponds and navigable rivers, and federal Army Corps rules may also apply. Ask MassDEP about your waterbody.
- How long does a dock permit last in Concord, Massachusetts?
- The permit expires after three years unless extended. It must be recorded at the Middlesex South Registry of Deeds before work starts.
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
- §2 Jurisdiction, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 1
Except as permitted by the Commission or as provided in this Bylaw or its Regulations hereunder, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas:
- §2.2 Jurisdiction, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 1
2.2 any land under the aforementioned waterways and waterbodies;
- §4 Definitions, "alter", Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 3
4.6 Driving of piles, erection or expansion of buildings or structures of any kind; 4.7 Placing of obstructions or dam-like objects in water;
- The Policy, Natural Resources Commission 50-foot No Build Zone Policy, p. 1
Water dependent structures such as docks and piers, and fences that are raised at least 6 inches off the ground surface, are not subject to this setback requirement.
- §7.4(e) Setbacks, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 6
The Commission shall presume that any activity or alteration within 25 feet of any freshwater wetlands, marshes, wet meadows, bogs, swamps, springs, banks, beaches, reservoirs, lakes, ponds, and lands under water bodies, intermittent streams, brooks and creeks, and perennial rivers and streams, has a significant individual or cumulative impact upon the resource area values protected by this Bylaw and shall be prohibited.
- §7.7 Waivers, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 7
The Commission may waive specifically identified and requested procedures, design specifications, performance standards, or other requirements set forth in its Regulations, provided that:
- §7.4(b) Riverfront Area, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 6
In reviewing activities within the Riverfront Area, the Commission shall presume the Riverfront Area is important to all the resource area values unless demonstrated otherwise, and no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this Bylaw, has proved by a preponderance of the credible evidence that (1) there is no practicable alternative to the proposed project with less adverse effects, and that (2) such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this Bylaw.
- §7.11 Recordation of Permit, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 8
No work proposed in any application shall be undertaken until the permit issued by the Commission with respect to such work has been recorded in the Middlesex (South) Registry of Deeds or, if the land affected is registered land, in the registry section of the land court for the Middlesex (South) Registry of Deeds, and until the holder of the permit certifies in writing to the Commission that the document has been recorded.
- §7.8 Expiration of Permit, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 7
A permit, Determination of Applicability (DOA), or Order of Resource Area Delineation (ORAD) shall expire three years from the date of issuance.
- Motor Boat Bylaw ¶2, Motor Boat Bylaw, p. 1
It shall be prima facie evidence of the violation of this bylaw if such boat is operated by a motor not having an underwater exhaust, or in a noisy or obnoxious manner, or at any unreasonable rate of speed, or without slowing down and exercising due caution while approaching and passing persons bathing or any other water craft, or any speed in excess of “no wake” speed.