Hempstead, NY Environmental Rules: Boat Dock Permits (2026)
Key Facts
- Permit issuer
- Director, Dept. of Conservation & Waterways
- Governs
- Docks, piers, mooring piles, spiles, bulkheads
- Bulkhead elevation
- Min. 6 ft above Town datum plane
- Structure clearance
- Min. 6 ft above mean sea level
- Application fee
- $20 to $100+ depending on structure
- Penalty
- Up to $1,000 fine or 15 days jail
Summary
Before building a dock, pier, mooring pile, spile or bulkhead over, on, into or adjacent to a Town waterway, Hempstead property owners need a permit from the Director of the Department of Conservation and Waterways. Chapter 168 covers docks, piers, floats and bulkheading, and a separate state DEC tidal wetlands permit is required on top of the local one.
No person shall maintain, construct or install, or cause to be maintained, constructed or installed, any structure over, on, into or adjacent to any waterway of the Town of Hempstead except after obtaining a permit from the Director of the Department of Conservation and Waterways. No provision of this chapter shall relieve a person from complying with the provisions of any federal or state law or regulation, including but not limited to the acquisition of any other required permit or approval by the New York State Department of Environmental Conservation pursuant to Article 25, Title 4, of the Tidal Wetlands Act.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Chapter 168, Structures in Waterways, covers any dock, pier, float, mooring pile, spile or bulkhead built over, on, into or adjacent to a Town waterway. The Director of the Department of Conservation and Waterways issues the permit after review of a triplicate application disclosing the applicant's ownership status, the upland's zoning, the proposed use, a site plan and the estimated construction cost (Section 168-3A). Bulkheading must be built to plans stamped by a New York-licensed engineer or architect, unless the bog depth at the bulkhead line is shallow enough (six feet after consolidation, eight feet before) to qualify for the Nassau County Planning Commission's standard specifications instead, and the top of any bulkhead must sit at least six feet above the Town's datum plane (Section 168-3B).
Structures other than floats need a minimum six-foot vertical clearance above mean sea level on the Nassau County Datum Plane and open pile-type supports spaced at least six feet apart (Section 168-12A). 50-$28 per linear foot for bulkheading, depending on whether the work is new or maintenance and whether the property is residential or commercial (Section 168-5). A permit can be suspended for up to 30 days, and revoked after a hearing, if the Town Board finds the permittee let the structure fall into disrepair or become a hazard to navigation (Section 168-8).
Violations & Fines
Building, installing or maintaining a dock, pier, mooring pile or bulkhead without a Chapter 168 permit, or violating the size, clearance or maintenance standards, is a violation punishable by a fine of up to $1,000 or up to 15 days in jail, or both, under Section 168-13. Each day the unpermitted structure remains counts as a separate offense, and owners, lessees and the contractor who built it can all be held jointly and severally liable.
Frequently Asked Questions
Do I need a Town permit to install a dock at my Hempstead waterfront home?
Does the Town permit replace state approval?
How high must a bulkhead be built?
What happens if I build a dock without a permit?
Sources & Official References
Other rules in Hempstead
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