§ 196A-11.2 Docks in a Freshwater Resource Area

D. Design Standards for Docks in Freshwater Resource Areas

The general performance standard for Docks in Freshwater Resource Areas shall be the same as in an ACEC, “no adverse effect”. In general, a proposed structure should be designed and constructed so as to cause no adverse effect on the local Resource Area ecology, including but not limited to, wildlife, fisheries, and BVW. In all cases, structures should be designed to minimize the overall size wherever possible. No structure should be allowed that is designed to accommodate vessels that are not feasible or allowed in the body of water where the structure is proposed.

1. Width: The width of the structure should not exceed 3 feet at any point.

2. Length: The length of the structure should be the minimum needed to reach minimum required water depth (see D. below) and clear emergent vegetation. In cases where additional walkway access is warranted to traverse BVW, such additional walkway area should be designed pursuant to Guidelines for Private Walkways and Stairways in Fresh and Marine Resource Areas In Pleasant Bay.

3. Height: The height of the structure should be no less than two and one-half feet, above the existing grade of the BVW or Land Under Water as measured from the bottom surface of decking.

4. Water Depth: Water depth at the terminal end of the structure should be at least one (1) foot. For water bodies that allow motorized vessels there should be a terminal water depth of 2.5 feet.

5. Total Area: The total area of the walkway and dock structures should be the minimum needed to meet performance standards.

6. Orientation: Structures should be designed to be located as close to perpendicular to the shoreline as possible. If this requirement cannot be met, the structure should have a grated or transparent surface to allow light penetration. Structures should be designed to have a north-to-south orientation whenever possible. Structures with an east-to west orientation should have a grated surface to allow maximum light penetration.

7. Setbacks: Structures should be located a minimum of 50 feet from any property line, as measured from the nearest edge of the structure, and should be a minimum of 250 feet from any pre-existing shoreline structure or town- or association-owned landing. Setback requirements may vary for structures shared by two or more property owners, provided that setback requirements for non-participating property owners are maintained.

8. Seasonality: All structures should be seasonal in nature and should be installed no earlier than May 1st and removed no later than November 1st. All seasonal components should be securely stored at an upland site that is approved by the Conservation Commission.

9. Pile Size and Spacing: Pilings, if used, should be four inches by four inches and should be spaced eight feet apart unless the dock is shorter than eight feet. Some innovative design technologies, if used, may not require pilings. However, if pilings are used they should be driven to refusal; no pilings may be jetted.

10. Materials: Lightweight materials, such as aluminum, are preferred for their easy removal. Grated surfaces are preferred, to allow maximum light penetration. If planks are used, spacing should be a minimum of ¾ inches.

11. Handrails: Docks should not have handrails unless a compelling safety issue or code requirement necessitates their use.

12. Utilities: No utilities or lighting should be allowed on the structure.

13. Storage of Hazardous Materials: Storage of gasoline, oil, grease, pollutants or other hazardous materials on the structure should be prohibited.

14. Innovative Structures: Innovative structures and materials that can be demonstrated to have less impact on natural resources and public safety than traditional docks may be considered.