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Buying a waterfront home in Massachusetts can be a dream come true. Whether you’re looking at a property in Hingham, Cohasset, Scituate, Duxbury, or another coastal community, having direct access to the water is a major attraction.
But if the property includes a private dock or pier, there are a few important things to investigate before closing.
What Is Chapter 91 in Massachusetts?
Chapter 91, also known as the Massachusetts Public Waterfront Act, regulates certain activities and structures in and around waterways.
Depending on the property, docks, piers, seawalls, and other waterfront structures may require authorization from the Massachusetts Department of Environmental Protection (MassDEP).
Just because a dock has been there for years doesn’t necessarily mean it has all the required approvals.
Does an Existing Dock Have the Proper Permits?
Before purchasing a waterfront home with a dock, buyers should ask:
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Is the dock properly licensed or otherwise authorized?
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Do the existing structures match the approved plans?
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Are there any restrictions on using, repairing, or expanding the dock?
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Are there additional local, state, or federal permits that may apply?
Some smaller residential docks may qualify for simplified licensing procedures, while certain seasonal floating docks may be authorized through a local harbormaster.
The requirements depend on the structure and location.
Can You Build or Expand a Dock?
If you’re buying a waterfront property with plans to add a dock or expand an existing one, don’t assume you’ll automatically be allowed to.
Waterfront construction may be subject to Chapter 91 requirements, environmental regulations, local approvals, and other restrictions.
It’s important to understand what’s permitted before making plans or committing to a purchase.
Why Does This Matter Before Closing?
A waterfront property is a significant investment, and questions about dock permits or waterfront rights can affect how you plan to use it.
Reviewing the property’s title, recorded documents, and available waterfront permits before closing can help identify potential concerns.
Buying Waterfront Property on the South Shore?
At Sherman Law, we help buyers navigate Massachusetts real estate transactions, including purchases involving waterfront properties and other unique considerations.
If you’re considering a home with a dock, pier, or private waterfront access, it’s important to understand the legal details before closing.
Contact Sherman Law to discuss your Massachusetts waterfront home purchase.
About the Author
Attorney Timothy A. Sherman is a Massachusetts real estate attorney with more than 20 years of experience helping buyers, sellers, and lenders navigate real estate transactions. As the founder of Sherman Law, Tim and his team assist clients throughout Massachusetts, with offices in Hingham, Boston, Plymouth, and Dartmouth.
Contact Attorney Sherman:
Phone: 781-664-4936
Email: [email protected]
