Dock, pier and float rules in Hingham, Massachusetts
Possibly, with Conservation Commission approval. Hingham's wetland regulations limit a private residential pier to 4 feet wide and 150 feet long, with a 6-by-8-foot platform and one float of up to 10 by 20 feet, and only one pier per property. In the Floodplain Protection Overlay District a dock also needs a Zoning Board of Appeals special permit, and a float on a mooring needs a Harbormaster permit.
| Max pier width / length | 4 ft wide; 150 ft long (landward end to seaward end of float) [1] |
| Platform and float | Platform up to 6 x 8 ft; one float up to 10 x 20 ft [1] |
| Number per property | 1 pier [7] |
| Float clearance | At least 18 inches off the bottom at low tide [4] |
| Boat lifts and davits | Prohibited [3] |
| ACECs | No new docks or expansions [5] |
| Zoning (floodplain district) | Special Permit A1 from the Zoning Board of Appeals [8] |
| Moored floats | Harbormaster Moored Float Permit [9] |
Conservation Commission review
Docks are built in wetland resource areas, so they need an Order of Conditions from the Conservation Commission under the Wetlands Protection By-Law. The Commission's regulations aim to keep piers "as small and low as possible" and review every proposal site by site [2]. For a private residence, the Commission may allow, at its discretion, a pier no more than 4 feet wide and 150 feet long, a platform no larger than 6 by 8 feet, and one float no larger than 10 by 20 feet, if the mitigation in the Order of Conditions is enough to protect the resource area [1].
Design standards
- Boat lifts, davits and boat elevators are prohibited [3].
- Floats must sit at least 18 inches off the bottom at low tide, on piles or skids [4]; decking planks need at least 3/4-inch spacing.
- No CCA-treated or creosote lumber; pilings must be driven, not jetted.
- Lights are limited to low, downward-shielded fixtures.
- Piers need stairs or another way for the public to pass along the shore, and must display the state (DEP) permit number.
- A shellfish study is required, and lost salt marsh must be replaced at 3:1.
- No new dock or expansion is allowed in an Area of Critical Environmental Concern [5].
- Docks are allowed only on land next to the home they serve, and the home must have a valid occupancy permit [6]. Only one pier is allowed per property [7].
Seasonal docks
The regulations define "seasonal use" as a dock and floats installed no earlier than April 1 and removed before November 1. Off-season, floats and pier parts must be stored outside any wetland resource area, and your application must include a storage plan.
Zoning and the Harbormaster
In the Floodplain Protection Overlay District, docks, piers, duck walks and boat landings need a Special Permit A1 from the Zoning Board of Appeals [8]. Under the Harbormaster's regulations, using a float, raft or dock held by ground tackle (anchor and chain) requires a Moored Float Permit, and any boat kept in Hingham waters needs an annual mooring/docking permit [9].
State and federal permits
The regulations point applicants to MassDEP's Chapter 91 waterways licensing; state and federal requirements are described separately below.
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Next steps
- Talk with the Conservation Commission early about your site (salt marsh, shellfish habitat, ACEC status) and the 4-ft by 150-ft pier and 10-by-20-ft float limits.
- File a Notice of Intent with plans, a shellfish study and a seasonal storage plan, and notify abutters within 300 feet.
- If the shoreline is in the Floodplain Protection Overlay District, apply to the Zoning Board of Appeals for a Special Permit A1.
- Apply to MassDEP for Chapter 91 authorization, and get a Moored Float Permit or mooring/docking permit from the Harbormaster for any moored float or boat.
Common questions
- Can I build a dock or pier in Hingham, Massachusetts?
- Possibly, with Conservation Commission approval. Only one pier is allowed per property, and in the Floodplain Protection Overlay District a dock also needs a Zoning Board of Appeals special permit.
- How big can a private pier be in Hingham, Massachusetts?
- The wetland regulations limit a private residential pier to 4 feet wide and 150 feet long, with a 6-by-8-foot platform and one float of up to 10 by 20 feet.
- Can I have a boat lift at my dock in Hingham, Massachusetts?
- No. Boat lifts and davits are prohibited.
- Do I need a permit for a float on a mooring in Hingham, Massachusetts?
- Yes. A float on a mooring needs a Harbormaster permit.
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
- HWR 23.4(c)(1), Docks and Piers, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 68
When a dock, pier, or walkway is located at a private residence, The Commission may allow at its discretion, a pier (dock or walkway) no greater than 4 feet wide at any point; no greater than 150 feet long; a platform no greater than 6 feet by 8 feet including the walkway; and only one float no greater than 10 feet by 20 feet, if satisfied that mitigation required in the Order of Conditions is sufficient to protect the Resource Area.
- HWR 23.4, Docks and Piers (purpose), Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 65
The intent of the Commission is to have the size of all piers as small and low as possible to avoid or minimize adverse effects and cumulative adverse effects upon the wetland values.
- HWR 23.4(b)(6), Definitions, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 67
Boat lifts, davits, and boat elevators are prohibited under these regulations.
- HWR 23.4(c)(9), Docks and Piers, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 69
Floats must be at least 18” from the bottom measured at low tide. They shall be supported either by piles or skids.
- HWR 23.4(c)(12), Docks and Piers, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 69
Notwithstanding any other provisions contained herein, no new construction or expansion of an existing dock shall be permitted within an ACEC (area of critical environmental concern).
- HWR 23.4(c)(2), Docks and Piers, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 68
Docks 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. The dwelling must have a valid occupancy permit.
- HWR 23.4(c)(16), Docks and Piers, Hingham Wetland Regulations (Conservation Commission, revised May 20, 2024), p. 70
No more than one pier (dock or walkway) shall be permitted to be constructed located on any residential property or parcel of land at any time.
- Section III-C, Floodplain Protection Overlay District, 7.a, Zoning By-Law (revised through April 28, 2026), p. 38
The following uses and development are allowed by Special Permit A1 and subject to such special conditions and safeguards as the Board of Appeals deems necessary to fulfill the purposes of this Section: a. Docks, piers, duck walks and boat landings;
- § 4.A(iii), Mooring/docking permits, Harbormaster Mooring Regulations (mooring/docking permits), p. 5
No person shall use a float, raft or dock attached to ground tackle in the Hingham Waterways without first paying any applicable moored float permit fee and obtaining a Moored Float Permit from the Harbormaster.