Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 355 - COASTAL SAND DUNE RULES
Section 096-355-4 - Review not required
Universal Citation: 06 ME Code Rules ยง 096-355-4
Current through 2024-38, September 18, 2024
This section clarifies when certain activities in coastal sand dune systems do not require approval pursuant to the NRPA. Permits are required for all other projects.
A. De minimis activity. The following activities have minimal impacts and are not considered to be included in the listed activities requiring a permit at 38 M.R.S.A. §480-C(2).
(1) Construction of a walkway or path on an
area of the lot that has already been developed.
(2) Removal of debris from a beach, provided
that little or no sand is removed with the debris.
(3) The addition of loam to maintain an
existing lawn, provided that the total depth of loam supporting the lawn does
not exceed 3 inches.
(4) Removal of
sand from lawns, walkways, roads, driveways, parking areas, and buildings,
provided the sand is placed back into the coastal sand dune system without
disturbing dune vegetation. Sand placed on the beach must be spread out to a
height no greater than 3 inches above the existing beach grade.
(5) The placement of an open fence in the
coastal sand dune system that is used to keep pedestrian traffic off dune
vegetation or away from Designated Essential Habitat or significant wildlife
habitat areas.
(6) The replacement
of an existing partial or full foundation with a post or piling foundation that
complies with the requirements of 5(D) and 6(G), that allows for the free
movement of sand and water and that remains in the existing
footprint.
(7) Construction of a
municipal sewer or stormwater outfall pipe that is buried and that has received
approval from the department under Chapter 310, Wetlands and
Waterbodies Protection Rule, including appurtenant structures that
might be located in an upland area.
(8) Removal of seaweed from the beach by hand
or mechanical means provided the seaweed is not removed from the coastal sand
dune system and does not disturb dune vegetation.
B. Temporary structure. Construction of a temporary structure does not require a permit. Construction of a permanent structure requires a permit, as set forth at 38 M.R.S.A. §480C(2)(D).
C. Maintenance and repair. A permit is not required for maintenance and repair activity as set forth in the statutory exemption at 38 M.R.S.A. 480-Q(2).
(1) The maintenance and repair
exemption does not apply if:
(a) The repair is
to more than 50% of a structure located in a coastal sand dune
system;
(b) The repair would result
in an additional intrusion into the coastal sand dune system;
(c) The dimensions of the repaired structure
would exceed the dimensions of the structure as it existed 24 months prior to
the repair; or
(d) The structure has
been officially included in or is considered by the Maine Historical
Preservation Commission as eligible for listing in the National Registrar of
Historic Places and the dimensions of the repaired structure would exceed the
dimensions of the historic structure.
(2) The following specific activities are
considered to come within the maintenance and repair exemption.
(a) Maintenance and repair of an existing
building's foundation provided the foundation type and the dimensions of the
foundation remain the same.
(b)
Maintenance and repair of an underground storage tank.
(3) The maintenance and repair exemption may
not be used to reconstruct a structure. The Department may consider changes
made to the structure within a 5 year period to determine whether this
exemption applies.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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