Coastal Services Center

Public Access

Docks are, with few exceptions, built on lands held in a legal trust for public use by current and future generations. The public trust provides that anyone may use the shoreline for activities like swimming, boating, shellfishing, fishing, or strolling (Goss 2001). State-owned lands generally begin at the mean high tide line and extend to three miles offshore. There are several states such as Maine, Massachusetts and Virginia where public ownership begins at the mean low tide line and extends seaward. Because these state-owned lands are submerged beneath tidal wetlands, creeks, rivers, bays, and oceans, many waterfront property owners assume their property rights extend into these water bodies. While property owners have the right to access the water, as does the rest of the public, this does not necessarily mean they have the right to build a dock for access. Representing the public as property owner of tidal lands, state governments have the legal authority to manage proposed activities on these public trust properties as they see fit (Goss 2001). Regulation of residential docks and piers varies from state to state. In addition, many states and communities encourage ecotourism and can benefit economically from dollars spent by boating tourists. Businesses also benefit from use of public resources, whether through ecotourism or commercial fisheries. Along shores where many private docks are built, industries like ecotourism and commercial fishing are constrained.

Navigation

Another consequence stemming from the use of private, residential docks is possible obstruction of navigation. Most states have regulations that prohibit obstruction of the navigational channel. For boaters with engines, this prohibition fits their needs since these boats use the channel for most navigation. For self- or wind-propelled boats, docks can still be an encumbrance. Sail boaters must often tack to use the wind in their favor, and docks can inhibit their progress. Kayakers and canoers also use water resources but, for safety's sake, avoid the main navigational channel. Several docks along a shoreline may then present obstacles for them as well.

Natural Resources

Another possible negative effect of docks is their impacts on natural resources. Most people seem to agree that one dock has no or very little impact on a water body and its resources, but what happens when there are many docks?

In general, docks can lead to environmental impacts on aquatic habitat and surrounding land. For instance, constructing a dock often means traversing the marsh to drive piles. During this process, marsh and underwater grasses may be trampled or displaced. This can dramatically alter critical habitats for marine and wildlife and diminish important wetland functions such as flood storage, pollutant uptake, and erosion control. There is also concern because most residential docks are also made of chemically treated wood. These chemicals can leach into the water, possibly affecting marine species. In addition, docks and other structures shade living organisms such as submerged aquatic vegetation and marsh grasses. This shading may cause these natural resources to die off since their natural environment is altered. Also, a dock in the water usually means a boat in the water. If this boat has an engine, fuel and other discharge can leak into the water, also affecting water quality (Kelty and Bliven 2003). More boats inevitably means increased interaction with marine mammals and other threatened and endangered species such as sea turtles, manatees and right whales - often with negative consequences for these species.

Research on Docks

Although much research has been done regarding the environmental impacts of dock structures, these impacts vary by region and species. Moreover, it is still difficult to figure out what the cumulative impacts of many docks are. To help sort this question out, the National Centers for Coastal Ocean Science hosted a workshop that brought together scientists and coastal managers to discuss environmental impacts of docks. The resulting publication, Environmental and Aesthetic Impacts of Small Docks and Piers: Workshop Report, summarizes many recent scientific findings. The Web site also provides a searchable database of docks and piers literature.

A recent informal poll conducted by the NOAA Coastal Services Center asked 23 coastal states about their top dock and pier concerns. The poll found that environmental impacts are of chief importance when deciding how to manage the construction and use of docks. Over half of the respondents' top three concerns were related to the effects of docks on the environment, while a significant portion of the rest dealt with ownership and private rights, aesthetic, and navigation concerns. (Rogers 2003) The Georgia Department of Natural Resources, like many other states, is becoming concerned with the cumulative adverse impacts dock development may have on natural and living resources. Georgia is also working closely with the U.S. Army Corps of Engineers to set standards for private docks. A streamlined dock application process is available for property owners that will keep floating and fixed docks under certain dimensions. No fixed or floating docks may be located over marsh grasses and walkways are limited to 6 feet in width to reduce shading impacts. Walkways crossing tidal tributaries navigable by watercraft must be bridged so that navigation is not impeded. The bridge must have a minimum clearance of 6 feet from the mean high water line and the bottom of the bridge and pilings must provide for safe navigation in the channel (Patterson 2003). Additionally, in waterfront communities, the Georgia DNR is encouraging the development of community docks in lieu of private docks.