Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 355 - COASTAL SAND DUNE RULES
Section 096-355-3 - Definitions
Current through 2024-38, September 18, 2024
A. A-Zone. That land area of special flood hazard subject to a one percent or greater chance of flooding in any given year. These areas are designated as Zones A, A1-A99, AH or AO on a town's Flood Insurance Rate Map (FIRM). The flood elevation or depth of flooding is usually shown on the map.
Note: AO-Zones involve more sand transport and hazard to property than other A-Zones. FEMA recommends Coastal AO-Zones be treated as V-Zones for design and risk analysis. In terms of sand transport and flooding, AO-Zones act more like V-Zones, with only a foot of sea-level rise (or lowering of the beach and dune profile) an AO-Zone will become a V-Zone.
B. Back dunes. Back dunes consist of sand dunes and eolian sand flats that lie landward of the frontal dune or a low energy beach. Back dunes include those areas containing artificial fill over back dune sands or over wetlands adjacent to the coastal sand dune system.
C. Beach. The zone of unconsolidated sand or gravel that extends landward from the mean low water line to the seaward toe of a dune. The definition of beach includes the beach face and berm.
D. Beach nourishment. The artificial addition of sand, gravel or other similar natural material to a beach or subtidal area adjacent to a beach.
E. Berm. The flat or gently sloping area between the high tide limit and the frontal dune. A berm is formed by deposition of sand transported to shore by tides, waves, wind, and currents.
F. Building. A structure designed for habitation, shelter, storage, or as a gathering place that has a roof. For the purposes of this rule, the foundation is considered to be a part of the building. A porch with a roof, attached to the exterior walls of a building, is considered part of the building.
G. Building's value. The building's value may be determined in one of two ways:
H. Coastal sand dune systems. (Also referred to as coastal sand dune system in this chapter). "Coastal sand dune systems" means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. Coastal sand dune systems may extend into coastal wetlands. Coastal sand dune systems include dunes that may have been artificially created, dunes that may have been altered by development activity, and dunes supported by sand fencing or stabilization structures. Coastal sand dune systems naturally migrate landward through the process of overwash. For the purposes of this definition, a small windblown accumulation of sand within a street is not considered a dune.
Most coastal sand dune systems have been identified by the Maine Geological Survey (MGS) and are shown at 1:4,800 scale in Coastal Sand Dune Geology Maps dated 2023.
Note: Maine Geological Survey's most recently updated Coastal Sand Dune Maps are available for viewing or download at https://www.maine.gov/dacf/mgs/pubs/digital/dunes.htm.
I. Coastal wetlands. "Coastal wetlands" means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for each year in which an activity is proposed as identified in tide tables published by the National Ocean Service. Coastal wetlands may include portions of coastal sand dunes.
J. Closed fence. A fence that effectively blocks the movement of wind, water, or sand, such as a stockade fence or snow fence.
K. Department. The Department of Environmental Protection.
L. Development. The alteration of property for human-related use including, but not limited to: buildings, decks, driveways, parking areas, lawns, landscaped areas, and areas of non-native vegetation, and any other appurtenant facilities, but excluding temporary structures.
M. Dune grass. A grass species native to coastal sand dune systems with the scientific name Ammophila breviligulata and commonly referred to as American beach grass.
N. Dune restoration. Restoration of a natural or artificially constructed dune through the addition of sand and planting of native dune vegetation.
O. Dune vegetation. Dune plant species typically adapted to Maine's coastal sand dune systems including, but not limited to, American beach grass, rugosa rose, bayberry, beach pea, beach heather and pitch pine.
P. Erosion hazard area. Any portion of the coastal sand dune system that can reasonably be expected to become part of a coastal wetland in the next 100 years due to cumulative and collective changes in the shoreline from:
or any portion of the coastal sand dune system that is mapped as an AO flood zone by the effective FEMA Flood Insurance Rate Map, which is presumed to be located in an Erosion Hazard Area unless the applicant demonstrates based upon site-specific information, as determined by the department, that a coastal wetland will not result from either (1), (2), or (3) occurring on an applicant's lot given the expectation that an AO-Zone, particularly if located immediately behind a frontal dune, is likely to become a V-Zone after 2 feet of sea level rise in 100 years.
Q. Essential habitat. Areas currently or historically providing physical or biological features essential to the conservation of an Endangered or Threatened Species in Maine and that may require special management considerations.
R. FEMA. The United States Federal Emergency Management Agency. This agency administers the National Flood Insurance Program (NFIP) and produces the Flood Insurance Rate Maps and Flood Insurance Studies.
S. Footprint. The outline that would be created on the ground by extending the exterior walls of the building to the ground surface. For the purposes of Sections 6(D), 6(E) and 6(F), a porch is not considered when determining the building's footprint.
T. Foundation. The portion of a structure that transmits the loads of the structure to the ground, including but not limited to: spread footings, foundation walls, posts, piers, piles, beams, girders, structural slabs, bracings, and associated connectors.
U. Frontal dune. The frontal dune is the area consisting of the most seaward ridge of sand and gravel and includes former frontal dune areas modified by development. Where the dune has been altered from a natural condition, the dune position may be inferred from the present beach profile, dune positions along the shore, and regional trends in dune width. The frontal dune may or may not be vegetated with dune vegetation and may consist in part or in whole of artificial fill. In areas where smaller ridges of sand are forming in front of an established dune ridge, the frontal dune may include more than one ridge.
V. Lot. Also referred to as a lot of record, all contiguous areas under a single present ownership as indicated by a deed and recorded in the registry of deeds constituting a piece of land measured and marked by metes and bounds descriptions or by some other approved surveying technique.
W. Maintenance and repair. Work done to less than 50% of a structure to prevent decline, to hold or preserve it in an existing state or condition, or restore it to sound condition after damage or decay. For work to qualify as maintenance and repair, the dimensions (height, width and length) of the repaired structure may not exceed the dimensions of the structure as it existed 24 months prior to the repair and the structure to be repaired must have been existence and in use for a period of at least one year prior to the maintenance and repair activity. To qualify as maintenance and repair under this chapter, the cost (including the value of labor and materials) of a building's maintenance and repair is limited to less than 50% of the building's value. A closed fence may not be reconstructed in a frontal dune or erosion hazard area after being damaged by wave action from an ocean storm.
X. NGVD. National Geodetic Vertical Datum (NGVD). The base (0.00) elevation point from which land measurements are derived. This elevation was established by the National Ocean Service in 1929 and was formerly called "sea level datum of 1929" or "mean sea level". It generally marks the intersection of the sea with the land.
Y. Ocean storm. A low-pressure system often accompanied by flooding or erosion of the coastal sand dune system.
Z. Open fence. A fence through which water, wind and sand can easily move, for example, a split rail.
AA. Permanent structure (also referred to as a "structure" in this chapter). Permanent structure means any structure constructed or erected with a fixed location or attached to a structure with a fixed location for a period exceeding 7 months each year. Permanent structures include, but are not limited to: causeways, piers, docks, concrete slabs, piles, marinas, retaining walls, buildings, swimming pools, fences, seawalls, roads, driveways, parking areas, and walkways. Natural features, such as frontal dunes, are not considered permanent structures. For the purposes of this chapter, open decks and storage sheds that comply with the criteria outlined below are not considered to be structures.
BB. Posts. Any pilings or column support that allows water and sand to move freely underneath the structure, and that is adequate to provide a foundation for the structure it supports. The term "posts" does not include frost walls or breakaway foundation construction.
CC. Practicable. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.
DD. Project. Any activity that is regulated pursuant to the NRPA and is located in a coastal sand dune system. To determine compliance with the standards in this chapter, the department will take into consideration topography and potential shoreline changes in its review of any activity.
EE. Reconstruction. Any rehabilitation, replacement or other improvement to a building the cost of which equals or exceeds 50% of the building's value prior to the start of the reconstruction.
FF. Seawall. Vertical wall, or other sloped barrier that separates land from water areas, commonly constructed out of rocks, wood, concrete or other similar materials, generally built for the purpose of protecting structures or property from shoreline erosion caused by wave or current action. A seawall is presumed to be a permanent structure.
GG. Severe damage. Damage that exceeds 50% of a building's value.
HH. Significant wildlife habitat. "Significant wildlife habitat" means:
II. Temporary structure. A structure intended for seasonal use and in place for 7 months or less each year.
JJ. V- Zone. That land area of special flood hazard subject to a one- percent or greater chance of flooding in any given year, and subject to additional hazard from high velocity water due to wave action. Wave heights or wave run-up depths are equal to or greater than 3 feet in V-Zones. V-Zones are as identified on the effective Flood Insurance Rate Maps and any subsequent Letters of Map Changes issued by FEMA.
