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Dock, pier and float rules in Mashpee, Massachusetts

Mashpee, Barnstable County · Bylaws checked 2026-10-20 · Reviewed · 10 cited sections

Allowed with board review

Every dock in Mashpee, seasonal or permanent, freshwater or coastal, needs a Conservation Commission permit (usually a Notice of Intent), followed by a state Chapter 91 license where it applies. No new or expanded docks are allowed in the Waquoit Bay ACEC (all of Waquoit Bay, Hamblin Pond, Jehu Pond and parts of Great River). Coastal piers are capped at 4 feet wide and floats at 200 sq ft total.

Local permitRequired for all docks (seasonal, permanent, freshwater, coastal) [1]
Waquoit Bay ACEC (incl. Hamblin Pond, Jehu Pond, part of Great River)No new or expanded docks [2]
New docks/rebuildsNotice of Intent, then Chapter 91 license [3]
State Chapter 91 licenseMay also be required; applied for after the local permit [10]
Coastal fixed pier widthMax 4 ft [4]
Floats (coastal)Max 200 sq ft combined; 12 in of water at mean low water [5]
Freshwater seasonal docksWalkway max 4 ft; platform max 200 sq ft [6]
Moorings, buoys, floats on anchorsHarbormaster permit (annual, calendar year) [8]

Conservation Commission permit

Under Wetlands Regulation 27 (revised April 28, 2022), the Conservation Commission requires permits for all docks in Mashpee, including seasonal, permanent, freshwater, coastal, temporary and existing unlicensed docks [1]. New docks, rebuilds and substantial modifications need a Notice of Intent; work within an existing footprint may qualify for a Request for Determination. Docks may also need a state Chapter 91 waterways license [10]; once the local Order of Conditions is recorded, you apply for it where it applies, and both must be given to the Conservation Department before work starts [3]. Plans go to the Shellfish Constable and Harbormaster for review, and the Commission may require plantings or a shellfish mitigation fee.

Where docks aren't allowed

The Waquoit Bay ACEC covers all of Waquoit Bay, Hamblin Pond, Jehu Pond and parts of Great River; no new dock or expansion of an existing dock is permitted there [2]. Docks on Great Ponds (Mashpee/Wakeby, Santuit, Johns, Ashumet) are reviewed by the state Natural Heritage program.

Design limits

Coastal docks need engineer-stamped plans; fixed piers and seasonal docks can be no wider than 4 ft [4], and all floats together can't exceed 200 sq ft, with at least 12 inches of water under them at mean low water [5]. No creosote or lead caps; deck planks spaced at least 3/4 inch (65% light over salt marsh); 5 ft of clearance or steps for public access along the shore; address and permit number posted on the dock. Freshwater seasonal docks need surveyor-stamped plans, with walkways up to 4 ft and platforms up to 200 sq ft [6].

Zoning

Zoning exempts piers, wharves and docks from the 50-ft water setback for buildings [7]. A dock as the principal use of an unbuildable lot needs a special permit in R-3 and R-5.

Moorings

The Harbormaster has the exclusive right to permit moorings for boats, rafts and floats held by anchors [8]. Permits run for the calendar year and must be renewed annually [9]; every mooring area has a waitlist.

Repairs

Small repairs (planks, railings) on a permitted dock need advance notice to the Conservation Department; changes to the footprint, pilings or float location need a new filing.

See how Mashpee compares with 8+ other Massachusetts towns on docks, piers & floats →

Next steps

  1. Talk with the Conservation Department (508-539-1400 x8539), the Shellfish Constable and the Harbormaster at the concept stage; confirm you're outside the Waquoit Bay ACEC.
  2. Hire an engineer (coastal) or surveyor (freshwater) for stamped plans and file a Notice of Intent with the Conservation Commission.
  3. Record the Order of Conditions, then apply to MassDEP for a Chapter 91 license where required; send copies of both to Conservation before building.
  4. For a mooring, join the Harbormaster's waitlist and get an annual mooring permit (Harbormaster 508-539-1400 ext 8597).

Common questions

Do I need a permit for a dock in Mashpee, Massachusetts?
Yes. Every dock, seasonal or permanent, freshwater or coastal, needs a Conservation Commission permit, usually a Notice of Intent, and may also need a state Chapter 91 license, applied for after the local permit.
Can I build a dock on Waquoit Bay in Mashpee, MA?
No new or expanded docks are allowed in the Waquoit Bay ACEC, which covers all of Waquoit Bay, Hamblin Pond, Jehu Pond and parts of Great River.
How big can a dock be in Mashpee, Massachusetts?
Coastal fixed piers and seasonal docks are capped at 4 feet wide, and all floats together at 200 sq ft with at least 12 inches of water under them at mean low water. Freshwater seasonal docks allow walkways up to 4 feet and platforms up to 200 sq ft.
How do I get a mooring permit in Mashpee, Massachusetts?
The Harbormaster permits moorings; permits run for the calendar year and must be renewed annually, and every mooring area has a waitlist.

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.

State sources: MassDEP, Chapter 91: The Massachusetts Public Waterfront Act · M.G.L. c. 91, §10A (harbormaster mooring permits) · M.G.L. c. 91, §18C (General License for residential structures) · 310 CMR 9.10, Simplified procedures for small residential structures (LII) · 310 CMR 9.29, General License certification (LII) · M.G.L. c. 131, §40 (Wetlands Protection Act) · USACE New England District, Massachusetts General Permit

What the bylaw says

Exact text from Mashpee's published bylaws. Section numbers are as printed in the source.

  1. Regulation 27 – Residential Docks, Piers and Floats, Preface, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 82
    The Mashpee Conservation Commission requires permitting for all docks in the Town of Mashpee, including seasonal, permanent, freshwater, coastal, temporary and/or existing unlicensed docks.
  2. Regulation 27 II.A. Areas of Critical Environmental Concern, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 82
    ACEC designation in Mashpee covers all of Waquoit Bay, Hamblin Pond, Jehu Pond, and portions of Great River. ACEC designation of the Waquoit Bay watershed began in 1979, thus some docks in this watershed are considered to be grandfathered if constructed prior to ACEC designation year. No new or expansion of an existing dock shall be permitted within an ACEC
  3. Regulation 27 IV. New Docks, Dock Rebuilds & Modifications, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 83
    Proposals for new docks, dock rebuilds and substantial modifications of existing docks require the submittal of a Notice of Intent (NOI) permit application or a Request for an Amended Order of Conditions should the Commission deem it appropriate.
  4. Regulation 27 IV.A.2, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 83
    Fixed piers and/or seasonal docks shall be no wider than four (4) feet.
  5. Regulation 27 IV.A.6, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 83
    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 (including jetksi floats). A minimum depth of 12 inches of water measured at Mean Low Water (MLW) is required under the floats.
  6. Regulation 27 IV.B Freshwater seasonal docks, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 84
    2. Walkway width cannot exceed 4 feet 3. Platforms are allowed in lieu of a float. Platforms cannot exceed 200 square feet in size.
  7. §174-33 Setback from water and wetlands, Zoning Bylaws of the Town of Mashpee, Chapter 174 (2026 edition, updated as of the May 4, 2026 Annual Town Meeting), p. 62
    Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty (50’) feet from any water or wetland as defined by MGL C. 131, §40.
  8. §170-9 B. Moorings – Permits, Town of Mashpee General Bylaws / Town Code (2026 edition, updated as of the May 4, 2026 Town Meeting), p. 143
    Permits - The Harbormaster shall have the exclusive right to issue permits for the placement of moorings for vessels, boats, rafts and floats held by anchors or bottom moorings at any locations within the territorial jurisdiction of the town.
  9. 3. Term of Annual Permits, Town of Mashpee Mooring Rules and Regulations (effective February 23, 2021), p. 4
    Mooring permits are issued for a one year term on a calendar-year basis and must be renewed annually.
  10. Regulation 27 I. Jurisdiction, Mashpee Wetlands Protection Regulations under Chapter 172 (2025 revision, Regulations 1-33), p. 82
    In addition to a local permit, docks may also require a waterways license from Chapter 91 (MA Division of Waterways).
This page summarizes Mashpee's posted bylaws as of 2026-10-20. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building Department (Building Commissioner David Morris is also the Zoning Official/zoning enforcement officer and staffs the ZBA; Request for Enforcement/Complaint Form at https://www.mashpeema.gov/DocumentCenter/View/5330), Town Hall, 16 Great Neck Road North, Mashpee MA 02649; rental/STR code compliance: Code Compliance Inspector Joseph Callahan, 508-539-1400 x8596, Board of Health 508-539-1426 (508-539-1406) before you build. Spot an error?