Docks and Piers: A Broader View for Riparian Owners

For many riparian owners in Michigan, the dock is more than a simple structure of wood and steel. It is the gateway to boating, fishing, swimming, and a family’s connection to the water. Yet the law surrounding docks and piers is far more complex than most realize. What appears to be a straightforward matter of installing a dock can quickly become entangled in neighbor disputes, township ordinances, or even enforcement actions from state regulators. Understanding how Michigan law addresses docks—both broadly and specifically—is essential for any riparian property owner who wishes to protect their rights while avoiding unnecessary conflict.

Riparian Rights and Their Limits

Michigan law recognizes that riparian ownership conveys a unique set of rights tied directly to owning land on the water’s edge. Among these rights is the ability to install and maintain a dock or pier. Courts have consistently held that only riparian landowners may lawfully place these structures. Backlot owners or the general public cannot simply build docks without an express deed, easement, or statutory authorization. The exclusivity of riparian dock rights has been a cornerstone of Michigan property law for more than a century.

But having the right to build a dock does not mean that any dock is permissible. Courts usually apply the “reasonable use” doctrine to riparian activities, including dock placement. That causes legal uncertainty. Broadly speaking, however, a dock must be of a reasonable length and size in light of the shape of the lot, the depth of the water, and the rights of neighboring owners. A dock that extends so far into a channel that it interferes with navigation, or one that is designed to host numerous watercraft beyond what the property can reasonably support, may be found unlawful. What is reasonable in one setting may be unreasonable in another, and Michigan courts resolve these disputes on a case-by-case basis.

State Oversight and Regulation

Alongside common-law rights, riparian docks fall under the jurisdiction of the Michigan Department of Environment, Great Lakes, and Energy (EGLE). Under Part 301 of the Natural Resources and Environmental Protection Act (Inland Lakes and Streams), EGLE has authority over structures placed on inland lakes and streams. While riparian rights provide a foundation for dock placement, EGLE asserts it retains oversight where a dock materially alters the natural condition of the waterbody, obstructs navigation, or impacts the environment.

The Department of Natural Resources (DNR) also has authority to address docks that create hazards to navigation. If a dock is excessively long, poorly placed, or obstructs safe boating, the DNR may order its removal or relocation. This adds a layer of responsibility for riparian owners, who must not only exercise their rights but do so in a way that does not threaten public safety.

What Can Be Built Without a Permit

For most riparian owners, the good news is that not every dock requires a state permit. Seasonal docks that are relatively small and used exclusively by the riparian owner are generally exempt from Part 301 permitting. A typical removable dock, installed to allow direct access to the water and used to moor the owner’s boat or provide safe swimming, is considered part of the ordinary exercise of riparian rights. As long as the structure is reasonable in size, placed entirely within the owner’s bottomlands, and does not create navigational hazards or environmental damage, it usually falls outside of EGLE’s permitting requirements.

The line changes, however, when docks move beyond these traditional uses. A dock that is unusually long, permanently affixed, or designed to serve multiple families or backlot users may be deemed a regulated activity under Part 301. Likewise, large or multi-family platforms, extensive decking, or multiple hoists clustered together to function like a marina will often draw scrutiny. In those cases, EGLE takes taken the position that a permit is required before installation. Operating such structures without authorization can bring enforcement action, particularly on the largeor and popular inland lakes. The practical effect is that Michigan law allows riparian owners to enjoy ordinary, seasonal docks without excessive red tape but regulatory complexities arise for structures that expand into commercial-scale or multi-user lake-side devices.

The rules also differ depending on whether the dock is on a Great Lake or an inland lake. You can read more on our page about the Public Trust Doctrine. Briefly stated, on the Great Lakes, the State of Michigan owns the submerged lands below the ordinary high-water mark in trust for the public. A riparian owner may place a dock, but the ground beneath it belongs to the state. The Army Corp of Engineers is also involved. This creates overlapping rights: the public has rights under the public trust doctrine to walk, fish, and otherwise use the shore below the high-water mark, while the riparian retains the right of access. Inland lakes are different. On most inland lakes, the riparian owners actually own the bottomlands out to the center of the lake or along a dividing line. Here, the right to construct a dock arises from private property ownership itself, although it still must be exercised reasonably and in compliance with statutes and regulations.

Local Ordinances and Association Rules

Many townships, villages, and lake associations attempt to regulate docks through local ordinances and deed restrictions. These rules may set maximum lengths, require seasonal removal, or dictate how far a dock must be from a side lot line. Some municipalities even attempt to limit the number of boats moored at a dock. While local governments may regulate to preserve order and safety, they cannot outright eliminate riparian rights. Ordinances that go too far can be struck down by the courts as unconstitutional or preempted by state law. Nevertheless, until successfully challenged, they carry the presumption of law, leaving riparian owners in the position of complying or risking enforcement.

Road Ends and Backlot Pressure

Another area where dock law frequently surfaces involves road ends and platted access points. For decades, non-riparian owners attempted to install docks at the ends of public roads leading to lakes. This practice created immense conflict with riparian owners, who viewed it as an unlawful invasion of their rights. In 2012, the Michigan Legislature passed Public Act 56, which clarified that public road ends provide access to a lake but do not authorize the construction of docks or the permanent mooring of boats unless specifically dedicated for that purpose. This law reasserted the primacy of riparian rights while still preserving legitimate public access.