Question: Can I Build a Dock on my Water Front Property?
Posted by Leslie Mathieu Hogan on Monday, May 16th, 2011 at 4:43pm.
Answer: Maybe.
Dock permits are issued by RI's Coastal Resources Management Council. The CRMC classifies all RI's coastal waters, and they allow residential docks in some types of waters and prohibit them in others.
The first step in determining whether you can build a dock is learning the water classification in your area. Water classifications are designated in the CRMC Rules and Regulations, also called the CRMC Redbook.
In Type 2, 3, and 4 waters residential docks are allowed. There are specific rules and requirements for locating a dock, but you can submit an application if your property abuts these waters. In Type 1 waters, however, docks are prohibited. Some people have grandfathered docks in Type 1 waters, which leads many to assume additional docks might be approved. The truth is if you are in Type 1 water, and there is no grandfathered dock on your property already, you won't get permission to build a new one.
If your water classification is 2, 3 or 4, then you can move ahead, design your dock and include the plans with your application. Scott Rabideau of Natural Resource Services has helped many of our clients navigate through the permitting process which can be long and complex.
You never know for sure until your CRMC permit is in hand, but this primer will help you understand CRMC's basic criteria for a residential dock.
Leslie Hogan, Broker / Owner, Hogan Associates, 129 Bellevue Ave., Newport, RI 02840 401-845-9513, f. 401-633-6447
7 Responses to "Question: Can I Build a Dock on my Water Front Property?"
2) Is it required that owner obtain permission from both adjacent neighbors to install a dock:
a) If 20' setback can be maintained?
b) If 20 ' setback cannot be maintained?
2) If 20' setback cannot be mintained from neighbor, can a variance be requested?
Thank you kindly as I am trying to get the facts and not make decisions on peoples' thoughts,
CAK
Posted on Thursday, July 9th, 2015 at 11:56am.
Posted on Thursday, July 9th, 2015 at 4:20pm.
(1)- The CRMC requires a 25' (side) setback from your Property Line Extension (PLE) for your boating facility (RICRMP Sect. 300.4.C.1).
(2)- If you maintain the 25' side setback from the PLE, no "permission" is required from the abutter(s) (though they still have the right to object to your proposal during the public notice period). If your facility is proposed within 25', a letter of no objection must be submitted with the application to CRMC, otherwise a setback variance must be sought, and CRMC will evaluate the impacts from the reduced setback in considering the variance. (Sect. 300.4.E.3.(k), and Sect. 120). The CRMC has allowed variances to the 25' offset, in extenuating circumstances, though you must satisfy the variance criteria.
Posted on Wednesday, September 16th, 2015 at 6:22pm.
Posted on Wednesday, September 16th, 2015 at 6:31pm.
Posted on Monday, August 1st, 2016 at 10:36am.
Posted on Monday, August 1st, 2016 at 11:06am.
Posted on Monday, May 16th, 2011 at 7:09pm.