Do You Need a Permit to Build a Dock in Massachusetts?
A Plain-English Guide to Chapter 91
By Jed Hannon, PE, MBA — Atlantic Coast Engineering, LLC
The short answer: in almost every case, yes. If you want to build a dock, pier, float, or similar structure along the Massachusetts coast or on a great pond, you need approvals before you start — typically an Order of Conditions from your local Conservation Commission and a Chapter 91 waterways license from the state (MassDEP), and sometimes a federal permit from the U.S. Army Corps of Engineers. The permitting clock starts long before construction, so the earlier you begin, the better.
What is Chapter 91?
Chapter 91 is the Massachusetts Public Waterfront Act — the state’s public-trust law that protects tidelands and waterways so the public keeps rights like navigation and fishing. Because a dock or pier sits in those protected waters, the state regulates it through MassDEP’s Waterways Regulation Program.
What kinds of projects need approval?
More than most people expect. Structures and work that typically require Chapter 91 authorization include:
- Docks, piers, floats, wharves, and pilings
- Seawalls, retaining walls, and revetments
- Dredging and the placement of fill in tidal waters or great ponds
The three layers of approval
Most waterfront projects pass through up to three levels of review. In plain English:
- Local — Conservation Commission — you file a Notice of Intent (WPA Form 3) under the Wetlands Protection Act, and after a public hearing the Commission issues an Order of Conditions. It’s also smart to coordinate early with your local Harbormaster.
- State — MassDEP Chapter 91 license — for a structure like a pilings-supported dock, you apply to MassDEP for a Chapter 91 waterways license. The application is published for a public comment period before it can be issued.
- Federal — U.S. Army Corps of Engineers (New England District) — work in navigable waters can trigger federal review under Sections 10 and 404. Many smaller projects qualify under a general permit rather than an individual one.
What you’ll need to put together
A complete application usually includes a site plan and survey, engineered project drawings (typically stamped by a professional engineer), abutter notifications, and details showing the structure meets navigation, environmental, and public-access requirements.
How long does it take?
Plan on months, not weeks — and sometimes the better part of a year when multiple agencies, hearings, and comment periods stack up. This is the single biggest reason waterfront projects miss a building season: owners start permitting too late. If you want a dock in the water next summer, begin the process well beforehand.
Where people get surprised
- Assuming a seasonal or floating dock is exempt — it usually still needs approvals
- Starting design without a survey
- Missing abutter-notification requirements
- Underestimating the timeline and missing the season
Frequently asked questions
Do I need a permit for a seasonal or floating dock?
Usually yes. Most docks in Massachusetts tidal waters or great ponds need local and state approval regardless of whether they’re seasonal.
Who issues the Chapter 91 license?
The Massachusetts Department of Environmental Protection (MassDEP), through its Waterways Regulation Program.
Do I need a survey and engineered plans?
In most cases, yes — a survey and PE-stamped drawings are standard parts of a complete application.
How early should I start?
Ideally 6–12 months before you want to build, to absorb hearings and public comment periods.
Thinking about a dock or waterfront project?
Atlantic Coast Engineering handles marine and coastal permitting up and down the Massachusetts coast, from Quincy to Provincetown. We manage the Conservation Commission, Chapter 91, and Army Corps process so you don’t have to. Send us your questions or request a quote at atlanticcoastengineeringllc.com/project-request-for-quote, or call (781) 378-2593.
This guide is general information, not legal or engineering advice for a specific project. Requirements vary by town and site; consult the relevant agencies or a licensed professional for your situation.