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West Des Moines, IA Environmental Rules: Boat Dock Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

District
Floodway Overlay District (FW)
Use classification
Conditional use, not permitted by right
Approving body
Board of Adjustment
Application route
Submitted to the Administrator first
Hearing required
Public hearing before decision

Summary

In the City of West Des Moines, marinas, boat rentals, docks, piers and wharves located in the Floodway Overlay District are not permitted by right; City Code section 8-8-5(B) requires a conditional use permit from the Board of Adjustment before any such structure may be built.

B. Conditional Uses: ... The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation or alteration of a watercourse may be permitted only upon issuance of a conditional use permit by the Board of Adjustment as provided in subsection 8-8-8C of this chapter. Such uses must also meet the applicable provisions of the Floodway District Performance Standards. ... Marinas, boat rentals, docks, piers and wharves. ... ... 2. Conditional Uses: ... Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration.

Full Breakdown

The Floodway Overlay District (FW), established under City Code section 8-8-4, prohibits placement of any structure, fill, or watercourse alteration unless it is expressly listed as a permitted or conditional use. Section 8-8-5(B) lists 'marinas, boat rentals, docks, piers and wharves' among the conditional uses that involve structures and may be authorized only upon issuance of a conditional use permit by the Board of Adjustment under section 8-8-8(C), and only if the use also meets the Floodway District performance standards in section 8-8-5(C). Those standards bar any use that would raise the base flood elevation, require construction methods and materials resistant to flood damage, and, where structures are permitted at all, restrict them to low flood-damage potential with no human habitation.

Under section 8-8-8(C)(2), a conditional use request for a dock or similar structure is submitted to the Administrator, the Building Official acting in that role, who forwards it to the Board of Adjustment; the Board must hold a public hearing with public notice under section 8-8-8(C)(5) before deciding. In weighing the request the Board considers factors listed in section 8-8-8(C)(5)(b)(1), including danger to life and property from increased flood heights, the availability of alternative non-floodplain locations, and the effect on emergency vehicle access during flooding, and may attach conditions such as operational controls or deed restrictions to any approval it grants.

Violations & Fines

Building or operating a dock, pier, marina or boat rental structure in the Floodway District without an approved conditional use permit is a Municipal infraction under Title 1, Chapter 4 of the City Code, punishable by the maximum civil penalty allowed there and under State law, with each day of the violation counted as a separate offense.

Frequently Asked Questions

Can I build a private dock on the river in West Des Moines without approval?
No. If the dock sits within the Floodway Overlay District, section 8-8-5(B) classifies docks, piers and wharves as a conditional use that requires a permit from the Board of Adjustment, not a use allowed by right.
Who reviews a conditional use permit application for a dock?
The request goes to the Administrator, the role held by the Building Official, who forwards it to the Board of Adjustment under section 8-8-8(C)(2). The Board must hold a public hearing before granting or denying it.
What standards must a boat dock meet even with a permit?
It must meet the Floodway District performance standards in section 8-8-5(C): it cannot raise the base flood elevation, must use flood-resistant construction, and any permitted structure must have low flood-damage potential and not be used for human habitation.

Sources & Official References

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