Do I Need a Permit to Build a Dock in the U.S.?
(Floating vs. Permanent Dock Rules Explained)
By AquaMax — Trusted by marinas and lakefront owners across North America.
You wouldn’t believe how often I hear this one:
“Hey, do I really need a permit to build a dock?”
If I had a nickel for every time a neighbor asked me that, I could probably buy another boat.
The truth is — yes, in most cases you’ll need some kind of permit, but it depends on where you live and what kind of dock you’re building.
Let’s walk through what you need to know before dropping a single anchor or float in the water.
Floating vs. Permanent Docks: What’s the Difference?
Before you can figure out whether you need a permit, you need to know which type of dock you’re talking about.
Floating Docks (Temporary)
These are the lightweight, removable docks that rise and fall with the water level — often built on LLDPE rotationally molded floats (like our AquaMax systems).
They’re considered temporary structures, which means:
- They usually don’t disturb the seabed.
- They can often be installed seasonally and removed in winter.
- In many states, they may qualify for a simplified or “general” permit.
If you live somewhere with ice, freezing, or fluctuating water levels — floating docks are a smart, low-hassle option.
Permanent Docks (Stationary)
Permanent docks are built on pilings, cribs, or concrete footings driven into the lake or seabed. They’re strong, stable, and ideal for commercial marinas or heavy use — but:
- They almost always require a full permit review.
- They can impact shoreline vegetation, sediment, and fish habitat.
- You’ll often need environmental clearance or a wetlands determination before building.
So, floating docks are the flexible, lightweight option. Permanent docks are the heavy-duty, long-term choice — but with more red tape.
Federal Regulations: The U.S. Army Corps of Engineers
No matter which state you’re in, federal law kicks in anytime your dock touches “navigable waters.”
That means rivers, lakes, bays, and coastal areas that boats can travel through.
The Clean Water Act (Section 404)
If your dock involves dredging, filling, or altering the lakebed or shoreline, you’ll likely need a Section 404 Permit from the U.S. Army Corps of Engineers (USACE).
For many small residential docks, you can apply under a “Nationwide Permit”, which simplifies the process.
💡 Tip: Floating docks that can be easily removed and don’t disturb the substrate often qualify for a Nationwide Permit 12 or 13 (minor structures and fills).
The Rivers and Harbors Act (Section 10)
You’ll also need a Section 10 permit if your dock sits in navigable waters. The Corps reviews your plans to ensure safe navigation and minimal environmental impact.
State-Level Permits (Key Coastal States)
Every state adds its own layer of regulation. Here’s a quick overview of the big ones:
Why it matters: Florida has more marinas than any other state — and some of the strictest coastal permitting.
- Regulatory Agency: Florida Department of Environmental Protection (FDEP)
- Permits Required: Environmental Resource Permit (ERP) for both floating and permanent docks.
- Simplified Rule: Single-family docks under 1,000 sq. ft. that meet setback rules can often use a “General Permit.”
- Environmental Review: Required if near seagrass, mangroves, or manatee habitat.
Florida
California
Regulatory Agency: California Coastal Commission & local harbor authorities.
- Floating Docks: Easier to permit if removable and non-motorized.
- Permanent Docks: Require a Coastal Development Permit and sometimes an environmental review under CEQA (California Environmental Quality Act).
- Special Note: If you’re near tidal wetlands, expect review by both the USACE and State Lands Commission.
Regulatory Agency: Washington Department of Fish and Wildlife (WDFW).
- Requires a Hydraulic Project Approval (HPA) for anything affecting the water or shoreline.
- Floating Docks: Often approved faster if they use “fish-friendly” materials and avoid eelgrass.
- Permanent Docks: Must comply with the Shoreline Management Act and local shoreline master programs.
Washington
New York
Regulatory Agencies: Department of Environmental Conservation (DEC) and local towns.
- Residential Docks: May qualify for a Protection of Waters Permit (Article 15).
- Floating Docks: Easier approval if removed seasonally and under 200 sq. ft.
- Permanent Docks: Require a full environmental review if in wetlands or tidal areas.
Regulatory Agency: Department of Environmental Protection (MassDEP).
- License Required: Under Chapter 91 Waterways License for any structure in tidal or great ponds.
- Temporary Docks: May qualify for a General License if small, removable, and non-commercial.
- Permanent Docks: Require public notice and a 30-day review period.
Massachusetts
What Does It Cost to Get a Dock Permit?
Permit costs vary widely, but here’s a ballpark idea:
Dock Type | Typical Cost Range | Notes |
Floating Dock (Residential) | $0–$500 | Often covered by general permit or local exemption |
Permanent Dock (Residential) | $500–$2,500 | Depending on design and state review |
Commercial Marina Dock | $2,500–$10,000+ | Includes environmental studies and professional drawings |
Most agencies charge small filing fees, but engineering plans, surveying, or environmental assessments are what drive costs up.
Environmental and Local Reviews
Even a simple floating dock can affect fish, vegetation, and sediment. That’s why environmental reviews focus on:
- Water depth and flow
- Fish spawning or aquatic vegetation
- Shoreline erosion and public access
💡 Floating docks are often preferred by environmental agencies because they can be removed seasonally and allow light penetration beneath them — reducing long-term impact.
Before You Apply — Check For These 4 Things
Confirm ownership of your waterfront or lease rights.
Check zoning and HOA restrictions first.
Sketch your dock plan (include dimensions, materials, and anchoring).
Contact your state environmental agency before applying.
Frequently Asked Questions ~ FAQs
Q: Can I build a small floating dock without a permit?
In many states, yes — if it’s under a certain size and easily removable. Always confirm with your local authority or the U.S. Army Corps district office.
Q: How long does it take to get approval?
Anywhere from two weeks (for a general permit) to six months or more (for a full review on permanent structures).
Q: Do I need an engineer’s drawing?
Not always. Floating docks often don’t, but permanent docks or marinas typically do.
Q: Can I use barrels or foam for flotation?
Most states now prohibit foam unless it’s fully encased. LLDPE rotationally molded floats are the standard — durable, sealed, and environmentally safe.
Do I need a permit if my pond is on private property?
No. Private property does not require a permit.
Final Thoughts
Building a dock is one of the best investments you can make in your waterfront — whether it’s a quiet fishing platform or the start of a full marina.
The trick is doing it right from the start:
- Know your dock type (floating vs permanent).
- Check your state and federal permits.
- Keep it environmentally friendly.
When you’re ready to start your project, AquaMax has the dock floats, kits, and hardware trusted by marinas across North America — and designed for easy installation, removal, and long life.