Dock, pier and float rules in Nantucket, Massachusetts
Any pier or dock on Nantucket needs Conservation Commission approval through a Notice of Intent, and the local regulations limit residential piers: they can't be solid-fill, can't obstruct public fishing, shellfishing or navigation, and one provision states that no new residential piers shall be permitted on land under the ocean. Expect a difficult review and check with the Conservation Commission before planning a dock.
| Town approval | Conservation Commission Notice of Intent (piers are a Category 5 filing; confirm current fee) [6] |
| Solid-fill piers | Not permitted [3] |
| New residential piers on land under the ocean | Text says not permitted (see notes) [3] |
| Residential pier standards | No harm to shellfish or sediment movement; no obstruction of public fishing, fowling, navigation [2] |
| Public moorings | A pier can't displace them without the Harbormaster's written approval [2] |
What counts as a pier
The Conservation Commission regulations define a pier as any fixed or floating structure extending into coastal or inland waters (seaward of mean high tide in tidal waters) for boat access, swimming or similar uses [1]. Docks and piers are treated as water-dependent uses, so they aren't held to the 75-foot structure setback that applies to houses.
Rules on the ocean side
In land under the ocean (which the regulations also apply to coastal beaches and tidal flats), residential piers must not change how sediment moves along the shore, harm shellfish, obstruct commercial shellfishing, or block public rights of fishing, fowling, navigation or passage. They must be built to withstand projected sea-level rise and can't displace public moorings without written approval from the Harbormaster [2]. The next provision, on commercial piers, ends: "No solid-fill piers or new residential piers shall be permitted" [3]. Read literally, this bars new private piers over land under the ocean, though the section also sets standards for residential piers, so confirm how the Commission applies it.
Ponds, marshes and banks
In salt marshes and other coastal and inland resource areas, piers must be built and maintained using methods the Commission decides are the best available to minimize harm [4]. Elevated walkways over a coastal bank are required for pedestrian passage.
Approvals and fees
Pier work needs a Notice of Intent. The fee schedule attached to the regulations lists piers as Category 5 at $5.00 per linear foot [6], but that schedule is marked "Effective MM/DD/YEAR", so confirm the current fee with the Commission. The regulations also say piers must comply with the Chapter 139 Zoning Bylaw [5], and Nantucket has a Chapter 137 Wharves and Waterways bylaw. We couldn't review either, and state Chapter 91 and federal permits are generally needed too.
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Next steps
- Contact the Nantucket Conservation Commission (see the town website for contact details) to ask whether a new residential pier is allowable at your location before hiring a designer.
- If it is, hire a wetland consultant or marine engineer to prepare a Notice of Intent with plans, and confirm the current filing fee with the Commission.
- Ask the Harbormaster about moorings and the PLUS Building Office (508-325-7587) about zoning and the Ch. 137 Wharves and Waterways bylaw.
- Apply for a MassDEP Chapter 91 license and check Army Corps requirements.
Common questions
- Can I build a dock or pier in Nantucket, Massachusetts?
- It's restricted. Any pier or dock needs Conservation Commission approval through a Notice of Intent, and one provision states that no new residential piers shall be permitted on land under the ocean. Expect a difficult review.
- What rules apply to residential piers in Nantucket, Massachusetts?
- They can't be solid-fill and can't obstruct public fishing, shellfishing or navigation.
- Do I need other approvals for a dock in Nantucket, Massachusetts?
- Check with the Conservation Commission first. The Harbormaster must approve in writing if a pier would displace public moorings, and you would also need a MassDEP Chapter 91 license and Army Corps 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
- § 390-2. Definitions, Pier, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 12
PIER — Any structure, floating or fixed, attached or adjacent to land, and placed in or and extending into coastal inland waters (in the case of tidal waters, seaward of the mean high tide line), which is designed, or is suitable for use, for access to vessels, or for swimming or any other similar recreational, commercial, or educational purpose.
- § 390-6B(3). Land under ocean, performance standards, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 22
Residential piers shall be constructed so as not to change shoreline movement of sediment, harm shellfish resources, obstruct commercial shellfishing, or obstruct the reserved public rights of fishing, fowling, navigation, or passage.
- § 390-6B(4). Land under ocean, performance standards, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 23
Commercial piers shall be constructed so as to withstand projected sea level rise and associated impacts based on the best available scientific data and modeling during the cradle-to-grave life of the structure. No solid- fill piers or new residential piers shall be permitted.
- § 390-11B(6). Salt marshes, performance standards, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 32
6) Piers shall be constructed and maintained using procedures determined by the Commission to be the best available measures to minimize adverse effects on the interests protected by the Bylaw.
- § 390-10B(2). Coastal banks, performance standards, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 30
2) Piers shall be constructed in compliance with Chapter 139, Zoning, of the Code of the Town of Nantucket using procedures determined by the Commission to be the best available measures to minimize adverse effects on interests protected by the Bylaw.
- Fee Schedule, Notice of Intent, Chapter 390: Wetlands Protection Regulations (Conservation Commission), in effect as of January 1, 2025, p. 59
e) Category 5 (piers, seawalls, etc.) $5.00 per linear foot