§ 196A-11. Docks and Piers
D. Requirements
(1) The dock is located more than 500 feet from any other dock to which the owner has or can obtain legal access.
(2) The dock location is not within a shellfish area identified by the Orleans Shellfish Constable or within shellfish habitat as defined in the Bylaw. No project which would require removal and/or replanting of shellfish in an ACEC will be permitted (310 CMR 10.34).
(3) The depth of water at the dock’s seaward end is at least 2.5 feet at all times and is of sufficient depth to be navigable with or without a motor at mean low tide without prop dredging or other disturbance of the bottom except that caused by poling or walking.
(4) The dock shall not impinge upon any channel used by either commercial or recreational boaters and shall not impede navigation in any other way.
(5) The dock is seasonal in construction.
(6) The structure does not impede legitimate passage for fishing, fowling and navigation and sufficient open water is maintained to sustain a variety of activities including but not limited to fishing, swimming and sailing.
(7) The landward approach to the dock must not harm the vegetation on the marsh or bank.
(8) The project is the least intrusive structure which will meet the applicant’s goals but will also be the most protective of the wetland resources and values. The applicant must show that all alternatives to the proposed structure have been thoroughly investigated and that the proposed structure will provide at least as great protection to the wetland values cited herein as a less intrusive alternative or the greatest protection to the wetland values cited in the Act and the Bylaw. These alternatives include but are not limited to the use of an offshore mooring with dinghy access, dock sharing, use of a town dock, reduction in the size of the structure, use of a haul rope and the no build alternative.
(9) Where possible the proposed structure should serve several lots if by so doing it reduces the total number of structures along the coast and does not increase the density of use which would otherwise obtain. Town docks are exempted.
(10) The structure must meet the following criteria:
(a) It shall not exceed eighty (80) feet in overall length, including stairs, ramps and floats, measured from mean high water.
(b) It shall not exceed four (4) feet in width as measured from the outside of the structure.
(c ) It shall not exceed a height of four (4) feet above mean high water.
(d) Pilings shall not exceed 4×4 inches and shall be spaced at least eight (8) feet apart.
(e) There shall be a minimum of one inch spacing between deck planks.
(f) The float size shall not exceed three hundred (300) square feet in area and a “T” configuration of the pier and float will be preferred.
(g) Docks should be sited perpendicular to the coastal bank and, where possible, a north/south orientation will be preferred.
(h) Docks must be erected no closer than fifty (50) feet from existing boating channels, mooring areas or eelgrass beds.
(i) Docks must be set back at least fifty (50) feet from the property line, except that docks shared by contiguous properties must be at least fifty (50) feet from the outermost boundary of the contiguous properties.
(j) No docks should be closer than two hundred and fifty (250) feet from the nearest dock or boat ramp.
(k) Use of non-leaching treated materials is encouraged to prevent the profusion of broken-off, rotted pilings. Installation shall be by boat or floating barge and shall be in accordance with a design and installation plan prepared by a licensed engineer.
(11) For any dock permitted herein, the applicant must also receive appropriate licenses from the Commonwealth of Massachusetts and the U.S. Army Corps of Engineers. Proof of such licenses shall be forwarded to the Commission before a Certificate of Compliance will be issued.
(12) The following special conditions will be applied to all docks:
(a) Human habitation, toilets and the storage of gasoline, oil, grease or other pollutants on any portion of the dock will not be permitted.
(b) No electric lighting will be permitted.
(c ) No commercial activity will be conducted on the dock without the prior approval of the Commission.
(d) The dock shall be removed before December 1 and not be re-installed before April 1. Storage of dock components shall be in a location shown on an approved plan.
