Foam docks and blocks law

Any business selling or distributing materials to repair or install docks, floating blocks, or overwater structures. Any person, hired as a contractor or an individual installing an overwater structure. Businesses or individuals who own or manage docks or marinas. Agencies or organizations who own or manage commercial, private, or public marinas.

The law requires that docks and overwater structures enclose polystyrene foam in a shell made of plastic at least 0.15 inches thick, concrete, aluminum, or steel. Docks and overwater structures must follow state and federal regulatory requirements administered by agencies outside of Department of Ecology. 

Any expanded or extruded polystyrene foam that is unencapsulated or exposed is prohibited. Foam wrapped in thin plastic is also prohibited.

No, docks, floating blocks, and overwater structures installed before the effective date are not subject to enforcement of this law. However, when these structures are repaired or replaced, they are required to use compliant materials. Most new floating structures that would be affected by this law, as well as structures that have been replaced in the last decade, already use encased polystyrene foam. We recommend contacting an experienced service to determine how and with what material a floating structure is being suspended.

The goal of this law is to reduce plastic pollution in our waters by ensuring new dock construction uses approved float technology. If we receive a report of a possible violation during an upgrade or new construction, our initial focus will be to educate the owner and their contractor about the requirement. If the education is ignored and conditions of the law are not met, we may consider civil penalties.  

To report a violation, please email or call the contact below and include a detailed description of the violation - including a location.

This requirement applies only to new structures and structures whose floats are being repaired starting Jan. 1, 2024. Our initial focus will be to educate floating structure owners about the requirement. Violations include selling, distributing, installing, and arranging for the installation of prohibited materials. In situations where a violation continues, civil penalties of up to $10,000 per violation will be considered to encourage compliance.

No, this law applies to overwater structures, docks, and blocks that are intended to be used alongside overwater structures. However, because foam is easily damaged and a source of pollution, it is recommended to use floats that are enclosed or made with alternative materials.

No. Overwater structures do not include floating homes or floating on-water residences as those terms are defined in RCW 90.58.270. The law does include docks, floats, walkways, or other accessory overwater structures associated with floating homes or floating on-water residences. However, it is recommended that enclosed floats or floats made of alternative materials be used in any upgrades to existing over water structures.

To report a suspected violation of the Foam Docks and Blocks Law, please email carolyn.bowie@ecy.wa.gov with the following information:

• Contact information of the person who observed the instance of noncompliance:
  • Name
  • Phone number
  • Email address
• Location, date, and time of the observation
• The noncompliant action: Selling, distributing, installing, arranging for the installation of noncompliant materials
• Detailed description of the noncompliant structure: Describe if it is an overwater structure, block or accessory float. A repair to an existing structure, or a new construction. If it has exposed expanded or extruded polystyrene. The date of installation, sale, or distribution.
• Photos or documentation of the instance of noncompliance