Resolve, Regarding Legislative Review of Chapter 355: Sand Dune Rules, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 121, LD 1849
Committee Amendment CA_A_H805 (House)

COMMITTEE AMENDMENT "A" to H.P. 1375, L.D. 1849, "Resolve, 
Regarding Legislative Review of Chapter 355: 
Sand Dune Rules, a 
Major 
Substantive 
Rule 
of 
the 
Department 
of 
Environmental 
Protection" 
Amend the resolve in section 1 in the last line (page 1, 
line 27 in L.D.) by striking out the following: 
"authorized." 
and inserting in its place the following: 
'authorized only if 
Chapter 
is 
amended 
in 
that 
section 
relating 
to 
new 
construction in frontal 
dunes 
and designated as 
section 
6, 
paragraph B, 
subparagraph 
(1) 
to provide that elevators, 
in 
addition to ramps, that are required for compliance with the 
requirements of the federal Americans with Disabilities Act are 
exempt from the requirement that a new structure or addition to 
an existing structure may not be constructed on or seaward of a 
frontal dune. 
The rule must also be amended to provide that 
elevators or ramps serving buildings required to comply with the 
federal Americans with Disabilities Act must be designed and 
constructed so as to minimize intrusion on the frontal dune, 
including locating the structures to the rear of buildings or 
within areas of a lot already developed, such as a parking area. 
The Department of Environmental Protection is not required to 
hold hearings 
or 
conduct 
other 
formal 
proceedings prior to 
finally adopting this rule in accordance with this resolve; and 
be it further' 
Further amend the resolve by inserting after section 1 the 
following: 
Page l-LR2754(2) 
COMMITTEE AMENDMENT 
t...ce. 
COMMITTEE AMENDMENT " It" 
H P 
1375 
9 
~ to .. 
, L.D. 
. Sec. 2. Sand dune stakeholder meeting. Resolved: 
That the 
Commissioner of Environmental Protection and the Commissioner of 
Conservation shall convene a meeting of sand dune stakeholders by 
May 15, 2004 to consider the following issues: 
1. 
A comprehensive statewide beach nourishment policy that 
establishes priority areas 
and evaluates public 
and private 
funding 
sources, 
implementation 
timeframes 
and 
pUblic 
access 
easements; 
2. 
Wildlife and wildlife habitat management in the sand 
dune system: 
3. 
A program for voluntary acquisition of storm-damaged 
properties or properties for dune enhancement or public access; 
4. 
Improved state coastal hazard mitigation plans to direct 
federal spending; 
5. 
Improved and increased public and private voluntary 
hazard mitigation programs; 
6. 
Reconstruction of buildings in the frontal dune and 
v-zone; 
7. 
Removal 
of the existing prohibition of the 
use of 
outdated v-zone maps; and 
8. 
Regulatory 
incentives 
to 
encourage 
construction 
or 
reconstruction outside ofth~ fronta~dune: and be'it further 
Sec. 3. Statewide beach nourishment policy. Resolved: 
That by 
January 17, 
2005, 
the Department of Environmental Protection 
shall report to the joint standing committee of the Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters 
on 
the 
progress of the sand dune stakeholder meetings and shall submit 
draft revised sand dune rules and a statewide beach nourishment 
policy; and be it further 
Sec. 4. Recommendations. Resolved: 
That by January 16, 2006, 
the Department of Environmental Protection shall submit to the 
joint standing committee of the Legislature having jurisdiction 
over 
natural 
resources 
matters 
recommendations 
on 
a 
state 
acquisition program, wildlife habitat management initiatives and 
removal of the existing prohibition of the use of outdated v-zone 
maps; and be it further 
Sec. 5. Revised sand dune rules. Resolved: 
2006, 
the 
provisionally 
Department 
adopt 
and 
of 
Environmental 
submi t 
to 
the 
That by January 16, 
Protection 
shall 
Legislature 
revised 
COMMITTEE AMENDMENT 
.;~.if~ 
COMMITTEE AMENDMENT "~,, to H.P. 1375, L.D. 1849 
sand dune rules. 
Rules adopted pursuant to this section are 
major substantive rules as defined in the Maine Revised Statutes, 
Title 5, chapter 375, subchapter 2-A; and be it further 
Sec. 6. Repeal. Resolved: 
That the rules authorized pursuant 
to section 1 of this resolve are repealed April 1, 2006.' 
SUMMARY 
This amendment authorizes the adoption of Chapter 355: 
Sand 
Dune Rules until April 1, 2006 only if Chapter 355 is amended to 
provide that elevators that are required for compliance with the 
requirements of the federal Americans with Disabilities Act are 
exempt from the requirement that a new structure or addition to 
an existing structure may not be constructed on or seaward of a 
frontal dune. 
The rules must also be amended to provide that 
elevators or ramps serving buildings required to comply with the 
federal 
Americans with Disabilities Act must be designed and 
constructed so as to minimize intrusion on the frontal dune. 
The 
Department of Environmental Protection is not required to hold 
hearings or conduct other formal proceedings prior to finally 
adopting this rule in accordance with this resolve. 
It directs 
the Commissioner of Environmental Protection and the Commissioner 
of Conservation to convene a meeting of stakeholders by May 15, 
2004. 
It directs the Department of Environmental Protection to 
report to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters on the progress of 
the sand dune stakeholder meetings and to submit draft revised 
sand dune rules and a 
statewide beach nourishment policy by 
January 17, 
2005. 
It directs the Department of Environmental 
Protection to submit by January 16, 2006 to the joint standing 
commi ttee of the Legislature having jurisdiction over natural 
resources matters recommendations on a state acquisition program, 
wildlife 
habitat 
management 
initiatives 
and 
removal 
of 
the 
existing prohibition of the use of outdated v-zone maps. 
It also 
directs 
the 
Department 
of 
Environmental 
Protection 
to 
provisionally adopt and submit to the Legislature revised sand 
dune rules by January 16, 2006. 
FISCAL VHF REQ1iRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03118/04 ~ac:.. 
Office of Fiscal and Program Review 
LD 1849 
Resolve, Regarding Legislative Review of Chapter 355: Sand Dune 
Rules, a Major Substantive Rule of the Department of Environmental 
Protection 
LR2754(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Additional costs associated with implementing this legislation can be absorbed by the Department of Environmental 
Protection and The Department of Conservation utilizing existing budgeted resources. 
LR2754(2) - Fiscal Note - Page 1 of 1