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CHAPTER 1: PERMITTING

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Seek permission before starting any kind of dock project. You need to know what you can do legally before the dream gets too far ahead of reality. Oftentimes, in rural country, folks feel removed from their government and seem surprised or dismayed when I broach the subject with them. I recommend going online to your local town, city council, municipality, or county website to the building and or environmental code section to learn about dock permit requirements. Most often, standard codes begin at the top levels of government. In Canada, that would be the Ministry of Natural Resources and Forestry. In the United States, it would be the U.S. Army Corps of Engineers along with the department within a state or county government, with a title such as Natural Resources or Environmental Protection. Codes are often handed down from top levels of government to local levels. Local levels of government may have the authority allowed by upper levels to add more stringent codes within their jurisdiction than what is administered from above. By beginning at the local council level with your inquiry, I expect you’ll find guidance on what is required. Depending on the location, I’ve experienced a broad range of possibilities, such as no permit required at all to acquiring multiple permits from different agencies. If your project is in a location so rural and far removed from the jurisdiction of any kind of local government, then likely there is a commission or department at the province or state level where you should inquire that manages unorganized territory. If you find there is absolutely no regulation for your waterfront, the best policy is self-regulation. A dock that is environmentally safe, non-offensive, and doesn’t reasonably compromise someone else’s enjoyment may keep unwanted over-regulation out.

Sometimes, talking with a neighbor who has a dock and has the experience to advise can save you some time, but it’s not uncommon, especially in rural areas, to hear the neighbor say, “You don’t need a permit; I never bothered to get one.” That may be what you want to hear, but I recommend prudence and responsibility by checking with the local authority to be safe.

I hear this a lot too, “I’d rather beg for forgiveness than ask for permission.” This assumes that there is a good chance that if you build whatever you want, you can have it, and the authority probably won’t notice. In the unlikely event they discover you don’t have a permit, then you’ll talk your way out of trouble, cooperatively pay the fine, and pay for the permit to keep what you have built. Otherwise, if you ask for permission up front, you’ll be cut back to something less than what you want. At that point, you’re on the authority’s “radar,” and building what you want won’t be as easy to sneak in. The potential trouble here is that if what you built isn’t up to code, and code enforcement comes calling, they could require you to make changes, and in addition to paying fines, you’ll have to take everything down. I’m not trying to play bad cop here. I just want to point out, for your sake, that there may be rules to play by, and I encourage everyone to follow them. After all, though in some cases the rules don’t seem fair, they are there for everyone’s protection and the preservation of the environment that we enjoy.

If you’re feeling anxious about the thoughts of a permit application, don’t be discouraged too quickly. Quite often, the requirements are simple and can be handled entirely through your local government council. If there are not instructions, an official should be able to guide you with completing the application. If required, they should direct you to any other agency or organization for additional permits. For extra environmentally sensitive areas or urban areas, I would expect more than one permit, each from a different agency, would be required.



Once you’ve established that one or more permits are required, you’ll want to become familiar with the specific rules for constructing the dock. Some of the rules originate to ensure the dock is safe for people, such as specifying dimensional lumber sizes to use, the distance between supports, where railing is required, marking for visibility at night, or specifics that prevent it from becoming a navigational hazard. Your code may require pilings that are heavier than practical for a DIYer to install. In that case, you’ll look for a marine contractor to do that part. In many cases, ironically, I’ve seen no rules that reflect a concern for the safety of people, but only the impact on the environment. Environmental rules control things like the size of the dock, its “footprint,” “shading” (which is the blockage of light that can lead to erosion and adversely affect the ecosystem), visual pollution, specific materials that could cause harm to the environment, and anchoring standards to prevent its destruction that could result in littering debris. The plans, materials, and methods of construction that are provided in this book may or may not be permitted in the jurisdiction where your project is going to be built. The rules you’ll need to comply with in building your dock will dictate what methods and designs you’ll be able to choose. My advice is to apply what you can from this book that does meet compliance with your local code. In some cases, a simple alteration of dimensions within the structure or its overall size may be all that is needed. Once you know the rules and what will be allowed, bring that knowledge together with what it is you want to build. Adjust your plan until it complies so that you can arrive at the specific dock you want the permit(s) for.

When filling out the application(s), include specifically what it asks for. If it wants any drawings attached with dimensions or photos of the site, be sure to meet the criteria of the instructions. If it doesn’t say it has to be a professional drawing, then provide a simple sketch. Do not give more drawings and photos or details than what it asks for. If it doesn’t ask for drawings and photographs, don’t provide them.

Too much information can cause confusion for the official who reviews it, resulting in questions and misunderstandings that will stall the approval. For example, accessories such as a ladder or bench should go on the drawing and labeled if asked. Otherwise, don’t show them. Also, stick to the language that the application uses. When writing a description, for example, avoid referring to the dock as a “deck.” Though some portion of it may seem like it should be called a “deck,” it is a dock you’re applying for. Ridiculous as it sounds, the reaction from the official could be, “We permit docks over the water, not decks.” Based on your findings, after your inquiry as to what’s required, you may be pleasantly surprised at how simple it is. If that isn’t the case and there is more red tape than what you are willing to get wrapped up in, then I would consider hiring an engineering firm experienced with the process. They know their way around the red tape and are efficient at getting the approval you need.

If your project involves the replacement of an old dock that has exceeded its life expectancy, there may be characteristics of it that wouldn’t be allowed under the modern code. An example of this could be its size if today’s code for a new dock would allow something smaller than what was there. Depending on the ordinance or zoning, there may be a “grandfather clause” that would enable you to replace it as it was originally built. Be sure to save all evidence of whatever the characteristic is that you want to transfer to the new dock. Maybe you should have the official come out to inspect it. Take plenty of pictures and retrieve any old photos you have of the old dock structures for your files should you wish at any time to make a case for restoring or copying desirable characteristics from the dock you’re replacing.


Finally, when making your inquiry to all agencies that you’ll require a permit from, find out what the time frame is before you get an answer. Depending on the number of agencies involved, it could be a day or two. It could be a month or even more sometimes. I’ve known cases that took up to two years. Hopefully that’s not your situation. Anticipating that a wait is possible, submit your applications early enough so that your approvals come before it is time to build. Once the permit is in your hand, you’ll rest easier than your neighbor who didn’t get one.

Building Your Own Dock

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