Resolve, Regarding Legislative Review of Portions of Chapter 355: Coastal Sand Dune Rules, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 122, LD 1977
Committee Amendment CA_A_H855 (House)

COMMITTEE AMENDMENT 'A' to H.P. 1385, L.D. 1977, "Resolve, Regarding 
Legislative Review of Portions of Chapter 355: Coastal Sand Dune Rules, a Major 
Substantive Rule of the Department of Environmental Protection" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Legislative Review of Portions of Chapter 355: Coastal 
Sand Dune Rules, a Major Substantive Rule of the Department of 
Environmental Protection, Extending the Deadline for the Repeal of the 
Current Coastal Sand Dune Rules and Convening the Beaches Advisory 
Group' 
Further amend the resolve by striking out all of section 1 and inserting in its place the 
following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 355: 
Coastal Sand Dune Rules, a provisionally adopted major substantive rule of the 
Department of Environmental Protection that has been submitted to the Legislature for 
review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized only if the rule is amended as follows: 
1. Section 5, subsection E is amended by striking subsection E and replacing it with: 
A. A provision that no new seawall or similar structure may be constructed and that 
no existing seawall or similar structure may be altered or replaced except as provided 
in subsection E and as allowed under Chapter 305, Permit By Rule and the Maine 
Revised Statutes, Title 38, section 480-W; 
B. A provision that, 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; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A to H.P. 1385, L.D. 1977 
C. A notation that 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; 
2. Section 8, subsection E is amended to: 
A. Clarify that, if beach nourishment is funded in whole or in part with state funds, 
the portions of the beach nourished with state funds must be placed either into 
permanent public ownership or under legally binding agreements, such as but not 
limited to easements that preclude any development and that allow public access for 
recreational activities; and 
B. Clarify that the subsection does not apply to use of dredged material from projects 
conducted by the Army Corps of Engineers; and 
3. Section 8, subsection F is amended to provide that owners of property on a beach 
that will be nourished must agree to enter a legally binding agreement, such as but not 
limited to an easement, concerning the property that allows for the management of 
significant wildlife habitat on the beach portion of their property; and be it further 
Sec. 2. Beaches Advisory Group. Resolved: That the Executive Department, 
State Planning Office, Maine Coastal Program, with the Department of Environmental 
Protection and the Department of Conservation, Maine Geological Survey, shall convene 
an interagency advisory group, referred to as "the Beaches Advisory Group" in this 
section, to oversee Maine's integrated beach management program as detailed in a report 
dated February 2006 and titled "Protecting Maine's Beaches for the Future: A Proposal to 
Create an Integrated Beach Management Program." 
1. Membership. The Beaches Advisory Group must include representatives of 
agencies and groups as determined by the Executive Department, State Planning Office, 
Maine Coastal Program in consultation with the Department of Environmental Protection 
and the Department of Conservation, Maine Geological Survey and also must include: 
A. The Commissioner of Environmental Protection or the commissioner's designee; 
B. The Commissioner of Conservation or the commissioner's designee; 
C. The Director of the Maine Geological Surveyor the director's designee; 
D. The Director of the Maine Coastal Program or the director's designee; 
E. The Executive Director of the Southern Maine Regional Planning Commission or 
the executive director's designee; 
F. A representative of a large wildlife conservation organization in the State; and 
G. A representative of a coastal property owners association in the State. 
2. 
Report; legislation authorized. 
Beginning January 1, 2007, the Beaches 
Advisory Group shall annually submit a report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters. In the report, the Beaches 
Advisory Group shall summarize the discussions of the group and present any 
recommendations. The joint standing committee of the Legislature having jurisdiction 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A to H.P. 1385, L.D. 1977 
over natural resources matters may report out legislation to any session of the Legislature 
regarding Maine's beaches. 
3. Repeal. This section is repealed June 30, 2011; and be it further 
Sec. 3. Resolve 2003, c. 130, §6 amended. Resolved: That Resolve 2003, c. 
130, §6 is amended to read: 
Sec. 6. Repeal. Resolved: That the rules authorized pursuant to section 1 of this 
resolve are repealed April 1, 2006 July 15,2006.' 
SUMMARY 
This amendment authorizes the final adoption of Chapter 355: Coastal Sand Dune 
Rules, a provisionally adopted major substantive rule of the Department of 
Environmental Protection that has been submitted to the Legislature for review pursuant 
to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, if certain specific 
changes are made to the rule. The amendment also changes the date that the current 
coastal sand dune rules are repealed in order to provide the Department of Environmental 
Protection the necessary time to finally adopt the rules authorized by this resolve. The 
amendment also directs the Executive Department, State Planning Office, Maine Coastal 
Program, with the Department of Environmental Protection and the Departmept of 
Conservation, Maine Geological Survey, to convene the Beaches Advisory Group. 
FISCAL NOTE REQYIRED 
(See Attached) . 
COMMITTEE AMENDMENT 
Approved: 03/17/06 ~ae 
LD 1977 
LR 3108(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 355: Coastal Sand Dune Rules, a Major 
Substantive Rule of the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment ~" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR3108(2) - Fiscal Note - Page 1 of 1