Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 355 - COASTAL SAND DUNE RULES
Section 096-355-5 - Standards for all projects

Universal Citation: 06 ME Code Rules ยง 096-355-5

Current through 2024-38, September 18, 2024

Note: Selected activities may be eligible under Chapter 305, Permit By Rule.

A. Timeframe for building reconstruction. All building reconstruction that does not qualify as maintenance and repair (Sections 3(X) and 4(C)) requires a permit. The building to be reconstructed must exist on the date an application is accepted for processing by the department or have lawfully existed within one year of the date an application is accepted for processing by the department.

B. Development on individual lots. Development on an individual lot is restricted as follows:

(1) No more than 40% of a lot may be covered by development, including land area previously developed. Lawns and other areas filled for landscaping are considered development and must be included in the development calculations.

(2) If development exceeds 40% of the total lot area on the date that an application is accepted for processing by the department or did exceed 40% of the total lot area within one year of the date that an application is accepted for processing by the department, the percentage of lot area covered by development may not be increased.

(3) Land area within the V-zone may not be included as part of a lot for the purposes of this subsection.

(4) No building may be constructed such that any part extends seaward of a line drawn between the seaward-most point of buildings on adjacent properties where such construction would significantly obstruct the view from an adjacent building.

(5) No additional land may be covered by development or buildings as a result of lot subdivisions created after August 1, 1983.

C. Shoreline changes within 100 years. A project may not be permitted if, within 100 years, the property may reasonably be expected to be eroded as a result of changes in the shoreline such that the project is likely to be severely damaged after allowing for a two foot rise in sea level over 100 years. Beach nourishment and dune restoration projects are excluded from this requirement.

D. Building size restrictions. No building greater than 35 feet in height or covering a ground area greater than 2,500 square feet may be constructed in a coastal sand dune system unless the applicant demonstrates by clear and convincing evidence that:

(1) The site will remain stable after allowing for a two foot rise in sea level over 100 years, and

(2) The increased height will not have an unreasonable adverse effect on existing uses that rely on access to direct sunlight including, but not limited to: native dune vegetation and recreational beach use.

Reliance upon an existing seawall is not sufficient as evidence of site stability. An existing building may be elevated on a post or pile foundation to exceed 35 feet for the sole purpose of meeting the elevation requirements in Sections 6(G) and 7(C) without the need to demonstrate that the site will remain stable after allowing for sea level rise.

When determining the height of the building, the measurement is taken from the existing, lowest natural elevation within the building's footprint if the lot is undeveloped, the lowest natural elevation measured 5 feet from the corners of an existing building's foundation, or the elevation used by the municipality when determining compliance with local ordinances.

E. Seawalls and similar structures. No new seawall or similar structure may be constructed. No existing seawall or similar structure may be altered or replaced except as provided below, and as allowed under Chapter 305, Permit By Rule and 38 M.R.S.A. §480-W.

(1) Permanent alteration of different dimensions or location. With a permit from the department, a seawall or similar structure may be replaced with a structure of different dimensions or in a different location that is farther landward if the department determines that the replacement structure would be less damaging to the coastal sand dune system, existing wildlife habitat and adjacent properties than replacing the existing structure with a structure of the same dimensions and in the same location.

Note: The department encourages landowners to consider removing a seawall or similar structure and covering the area with sand and dune vegetation, or replacing the structure in a more landward position to reduce its influence on the beach and sand dune system.

F. Designated essential habitat and significant wildlife habitat. A project may not unreasonably harm Designated Essential Habitat and significant wildlife habitat within the coastal sand dune system. A project located partially or wholly within an area designated as Essential Habitat must obtain an Essential Habitat evaluation from the Department of Inland Fisheries & Wildlife (IF&W). Essential Habitat maps are available in affected town offices, IF&W offices, and department offices.

Note: IF&W has identified nesting areas for piping plovers and least terns as Essential Habitat under the Maine Endangered Species Act (12 M.R.S.A. §§ 7751-7756).

G. Fences. To allow for the movement of sand and water, no closed fence may be placed in any frontal dune or erosion hazard area.

H. Legal access. A project may not unreasonably interfere with legal access to or use of the public resources.

I. Mitigation and enhancement. To mitigate for on site project impacts that interfere with the natural supply or movement of sand or gravel or may increase the erosion hazard to the sand dune system, the department may require sand dune mitigation and enhancement measures, including: restoring the dune topography and elevating the crest of the sand dune to at least one foot above the 100 year flood/wave run up level; and provisions to enhance with native vegetation the portions of the lot not covered by buildings or parking areas.

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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