An Act To Maintain Beaches as Recreation Sites for the Public
Maine Legislature, Session 121, LD 0696
Committee: Natural Resources
Sponsors: COWGER, MARTIN, ANNIS, HUTTON, KOFFMAN, SA VIELLO, THOMPSON, TWOMEY, EDMONDS, SAWYER
Amends: 38 MRSA §480-C, 38 MRSA §480-W, 38 MRSA §480-A

Legislative Document 
No. 696 
H.P.513 
House of Representatives, February 14,2003 
An Act To Maintain Beaches as Recreation Sites for the Public 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative COWGER of Hallowell. 
Cosponsored by Senator MARTIN of Aroostook and 
'111~ 1/7. 71/0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, HUTTON of Bowdoinham, KOFFMAN of Bar 
Harbor, SA VIELLO of Wilton, THOMPSON of China, TWOMEY of Biddeford, Senators: 
EDMONDS of Cumberland, SAWYER of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §480-C. sub-§4 is enacted to read: 
4. 
Prohibited 
activities; 
no 
permits 
authorized, 
Notwithstanding subsections 1 and 2, the following activities are 
prohibited and permits for the activities may not be issued: 
A. 
Construction of new or enlargement of existing seawalls, 
bulkheads or similar structures on the coastal sand dune 
system. 
Maintenance and repair are permitted as long as 
they are conducted on the applicant's property and rocks, if 
used, are placed no more seaward than the existing seawall, 
except as permitted in section 480-0: 
B. 
Reconstruction or 
replacement of buildings that are 
damaged by more than 50% and are located in the coastal sand 
dune system, if the damage was caused by wave action due to 
an ocean storm; 
C. 
Maintenance and repair of a structure located in the 
coastal sand dune system when the cost, including the value 
of labor and materials, is equivalent to or exceeds 50°0 of 
the structure's assessed value: and 
D. 
Construction of new buildings in the frontal dune. 
Sec. 2. 38 MRSA §480-W. sub-§l, as enacted by PL 1995, c. 
230, §1, is amended to read: 
1. 
Protective materials. 
Place riprap, sandbags or other 
heavy nonhazardous material to shore up the threatened structure 
and replace, 
repair or leave the materials in place until a 
project designed to alleviate the threat is certified by the 
department and by the local code enforcement officer, and that 
project requires removal of the material. 
Protective materials 
must be placed on the landowner's property and may not be placed 
in a position more seaward than the existing structure: and 
Sec. 3. 38 MRSA §480-W. as enacted by PL 1995, c. 230, §L 
is amended by adding a new paragraph at the end to read: 
Nothing 
in 
this 
section 
may 
be 
construed 
to 
allow 
construction 
of 
new 
or 
enlargement 
of 
existing 
seawalls, 
bulkheads or similar structures as prohibited by section 480-C, 
subsection 4, paragraph A. 
Sec. 4. 38 MRSA §480-AA is enacted to read: 
§480-AA. 
Variance for activities in coastal sand dune system 
1. 
Basis for variance. 
The board may grant a variance from 
the sand supply standard in section 480-D, subsection 7 for the 
following only: 
A. 
Reconstruction or replacement of a building located in a 
V-zone, as described in section 480-E, subsection 9, due to 
involuntary destruction by fire or other cause, except for 
an ocean storm; or 
B. 
Height restrictions for new structures or additions to 
existing structures for the purpose of raising an existing 
building above the flood elevation, provided the increase in 
height is 
no 
more 
than 
the 
minimum 
necessary 
to 
meet 
flooding reguirements. 
2. 
Requirements. 
In 
order 
to 
obtain 
a 
variance, 
the 
applicant must demonstrate, 
by clear and convincing evidence, 
A. 
There 
is 
no 
feasible 
alternative 
to 
the 
proposed 
variance; 
B. 
Because 
of 
unusual 
design 
characteristics 
or 
site 
conditions, the project will be consistent with the intent 
of the board; 
C. 
If the variance is granted, the project will not cause 
harm 
to 
real 
or 
personal 
property 
not 
owned 
by 
the 
applicant; and 
D. 
Even if the proposed variance is granted, all other 
statutory criteria set forth in section 480-D will be met. 
SUMMARY 
This bill prohibits seawall construction and enlargement; 
prohibits reconstruction of buildings in the sand dune system 
damaged by more than 50°0 by a storm; prohibits construction of 
new buildings in the frontal dune; and authorizes the Board of 
Environmental 
Protection to grant variances 
from 
sand 
supply 
standards.