Dock, pier and float rules in Salem, Massachusetts
Possibly, with several approvals. Building a dock or pier in Salem means Conservation Commission review under the city Wetlands Ordinance (docks are listed as structures it regulates), plus state Chapter 91 and federal permits; any float moored in Salem Harbor also needs an annual harbormaster float permit ($100/year for a private float).
| Conservation Commission | Permit needed to build in or over coastal resource areas or within 100 ft [1] |
| Docks count as structures | Yes, under the Wetlands Ordinance [2] |
| Float permit | Annual harbormaster float permit; harbormaster controls location, size and anchoring [3] |
| Private float fee | $100 per year [4] |
| Moorings | Harbormaster mooring permit, renewed by April 15 [5] |
| Mooring fee | $7 per foot of vessel per year [8] |
| Docks in flood zones | May be permitted if best available measures minimize impacts [6] |
City approvals
Salem's Wetlands Protection and Conservation Ordinance bars anyone from building on or over coastal wetlands, land under the ocean, land subject to tidal action, banks and other resource areas without Conservation Commission permission [1]. The ordinance's definition of "structures" expressly includes docks and pile-supported features [2], so a new dock, pier or float ramp needs a Notice of Intent and an Order of Conditions. In coastal flood zones (Land Subject to Coastal Storm Flowage), the Commission's regulations list boat launching facilities, piers, docks, wharves and float stops among the activities it may permit, if you show best available measures minimize adverse effects and all other performance standards are met [6][7]. Projects that need Chapter 91 licenses for water-dependent uses, and repairs of existing licensed structures, are exempt from the ordinance's buffer setbacks (the 25-foot No Disturbance and 50-foot Mitigation zones), though they still need Commission review.
Docking facilities are a "functionally dependent use" under the zoning Flood Hazard Overlay District, which requires a permit for development in flood zones.
Floats and moorings
No float may be moored in Salem Harbor without a float permit, issued yearly, and the harbormaster inspects and controls its location, size and holding equipment [3]. A private float costs $100 per year [4]. Moorings for boats over 12 feet need a harbormaster mooring permit, renewed by April 15 each year (late fee $30) [5][9], at $7 per foot of vessel [8].
Size and season
The city sources we reviewed set no specific dock length or size limit; the harbormaster sets float size, and the Conservation Commission conditions dock design. State and federal permits (Chapter 91, Army Corps) also apply; see the state rules on this page.
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Next steps
- Talk to the Salem Harbormaster about float and mooring permits and placement (see the city website for contact details).
- Contact the Conservation Commission and file a Notice of Intent for any new dock, pier or ramp.
- Apply for a MassDEP Chapter 91 license (or General License certification for a small pile-supported residential dock) and check Army Corps requirements.
- Renew float and mooring permits every year (moorings by April 15).
Common questions
- Do I need a permit to build a dock in Salem, Massachusetts?
- Yes, several. A new dock or pier needs Conservation Commission review under Salem's Wetlands Ordinance (a Notice of Intent and Order of Conditions), plus a state Chapter 91 license and federal Army Corps requirements.
- How much is a float permit in Salem, MA?
- A private float in Salem Harbor needs an annual harbormaster float permit, which costs $100 per year. The harbormaster controls the float's location, size and anchoring.
- How do I get a mooring permit in Salem, Massachusetts?
- Moorings for boats over 12 feet need a harbormaster mooring permit, renewed by April 15 each year (late fee $30). The fee is $7 per foot of vessel per year.
- Is there a dock size limit in Salem, MA?
- The city sources reviewed set no specific dock length or size limit. The harbormaster sets float size, and the Conservation Commission conditions dock design; state and federal permits also apply.
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
- Sec. 50-3 Jurisdiction, Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
Except as permitted by the conservation commission, no person shall remove, fill, dredge, discharge into, build upon, degrade, or otherwise alter in or over any of the following resource areas:
- Sec. 50-5 Definitions, Structures, Code of Ordinances Chapter 50 - Wetlands Protection and Conservation, p. 1
Structures include, but are not limited to, commercial and industrial buildings, single-family houses, multifamily dwellings, porches, decks, additions, sheds, outbuildings, pools, docks, pile supported features, septic systems and any of their components, underground storage tanks, roadways, fencing which functions as a barrier to wildlife habitat (excluding perimeter sediment controls and snow fencing), driveways, and retaining walls supporting more than a four-foot height of fill.
- Sec. 10-23 Float permits, Code of Ordinances Chapter 10 - Boats and Waterways (harbormaster, moorings, Sec. 10-23 float permits), p. 1
No float may be moored in Salem Harbor without a float permit. A float permit shall be issued on a yearly basis, and the location, size, and holding equipment shall be under the inspection and control of the harbormaster.
- Sec. 10-24(d)(5) Fee, Code of Ordinances Chapter 10 - Boats and Waterways (harbormaster, moorings, Sec. 10-23 float permits), p. 1
Fee for private float, $100.00 per year.
- Sec. 10-24(d) Fee, Code of Ordinances Chapter 10 - Boats and Waterways (harbormaster, moorings, Sec. 10-23 float permits), p. 1
Mooring permits must be renewed by April 15 of each year.
- Regulations Sec. 10(F), Land Subject to Coastal Storm Flowage, Salem Wetlands Protection and Conservation Regulations (adopted 2022-04-19), p. 13
F. Notwithstanding the provisions of Section 10 (A-E), the Commission may permit the following activities (or others as determined by the Commission) provided that the Applicant demonstrates, to the satisfaction of the Commission, that best available measures are utilized to minimize adverse effects on LSCSF, and provided that all other applicable state (310 CMR 10.00) and local (Ordinance and Regulations) performance standards for underlying resource areas are met:
- Regulations Sec. 10(F), Land Subject to Coastal Storm Flowage, Salem Wetlands Protection and Conservation Regulations (adopted 2022-04-19), p. 13
Boat launching facilities, navigational aids, piers, docks, wharves, dolphins, float stops;
- Sec. 10-24(d)(1) Fee, Code of Ordinances Chapter 10 - Boats and Waterways (harbormaster, moorings, Sec. 10-23 float permits), p. 1
Fee for mooring, $7.00 per foot of vessel per year.
- Sec. 10-24(d) Fee, Code of Ordinances Chapter 10 - Boats and Waterways (harbormaster, moorings, Sec. 10-23 float permits), p. 1
Renewal applications received or postmarked after April 15 shall result in a late fee of $30.00 being assessed.