An Act To Make Minor Adjustments to Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 125, LD 1738
Committee Amendment CA_B_H753 (House)
Amends: 38 MRSA §480-B

COMMITTEE AMENDMENT 'B" to H.P. 1283, L.D. 1738, Bill, "An Act To 
Make Minor Adjustments to Laws Administered by the Department of Environmental 
Protection" 
Amend the bill in section 6 in paragraph A in the 2nd line (page 2, line 16 in L.D.) by 
inserting after the following: "agreement" the following: 'and the proposed agreement' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. 38 MRSA §480-B, sub-§2-E, as enacted by PL 2011, c. 64, §1, is 
amended to read: 
2-E. Footprint. "Footprint" means the outline of a structure on the ground, except 
that for a building "footprint" means the outline that would be created on the ground by 
extending the exterior walls of a building to the ground surface.' 
Amend the bill in section 8 in subsection 31 by inserting at the end the following: 
'For purposes of this subsection, "structure" does not include a seawall, retaining wall, 
closed fence or other structure used to stabilize the shoreline or to prevent the movement 
of sand or water. For purposes of this subsection, expansion of an existing structure does 
not include a change from one type of structure to another.' 
Amend the bill by striking out all of section 12 (page 4, lines 14 to 21 in L.D.) 
Amend the bill by striking out all of section 14 (page 4, lines 27 to 29 in L.D.) and 
inserting the following: 
'Sec. 14. Coastal sand dune rulemaking. The Department of Environmental 
Protection may adopt rules allowing for the reconstruction of an existing structure in a 
frontal dune if: 
1. The frontal dune is protected by a seawall; 
2. The structure to be reconstructed existed prior to June 8, 2006; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT.,}3" to H.P. 1283, L.D. 1738 
3. The reconstructed structure is elevated on posts as provided for in rules adopted 
by thc department; 
4. Any relocation of the reconstructed structure into the frontal dune is minimized to 
the extcnt practicable; and 
5. The project meets the standards for all projects contained in the department's rules 
relating to coastal sand dunes. 
Notwithstanding the Maine Revised Statutes, Title 38, section 480-AA, the initial 
rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A and may be adopted by the Commissioner of Environmental 
Protection in accordance with Title 38, section 341-H, subsection 2. Any amendments to 
the rules adopted pursuant to this section are major substantive rules and may be adopted 
by the Board of Environmental Protection in accordance with Title 38, section 341-H, 
subsection l.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the committee. The amendment does the 
following. 
I. It requires a proposed consent agreement to be posted on the Department of 
Environmental Protection's website with the notice of the proposed agreement. The bill 
requires that only the notice be posted. 
2. It clarifies that the permit exemption for minor expansions of structures in coastal 
sand dune systems does not apply to expansions of seawalls, retaining walls, closed 
fences or other structures used to stabilize the shoreline or to prevent the movement of 
sand or water. It also clarifies that the exemption does not apply to an expansion that 
changes the type of structure. It also amends the definition of "footprint." 
3. 
It authorizes the Commissioner of Environmental Protection to adopt initial 
routine technical rules allowing for the reconstruction of an existing structure in a frontal 
dune if certain criteria are met. Any amendments to those rules are major substantive 
rules adopted by the Board of Environmental Protection. 
4. The amendment differs from the majority report in that it strikes from the bill the 
sections that change the term of certain air emission licenses from 5 years to 10 years. 
COMMITTEE AMENDMENT