An Act To Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal II Government
Maine Legislature, Session 126, LD 1644
Committee Amendment CA_A_S405 (Senate)

COMMITTEE AMENDMENT" A " to S.P. 635, L.D. 1644, Bill, "An Act To 
Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal 
II 
Government" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow the City of Saco To Stabilize the Coastline and Coastal Sand Dune 
System Adjacent to the Saco River' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. Stabilization measures for coastline and coastal sand dune system 
adjacent to Saco River. Prior to completion of a River and Harbor Act of 1968, 
Section 111 project for prevention or mitigation of shore damages for the Saco River and 
Camp Ellis Beach by the United States Army Corps of Engineers and the City of Saco, 
the following provisions apply to protection, rehabilitation, maintenance and nourishment 
activities along the coastline and within the coastal sand dune system and waterways of 
the Saco River Harbor area, the Saco River Federal Navigation Project area, the Camp 
Ellis Beach area and the Ferry Beach area. 
l. Notwithstanding the Maine Revised Statutes, Title 38, section 480-C, a permit is 
not required of the City of Sa co for the following activities: 
A. Maintenance of the portions of Camp Ellis Beach having armor stone, but only to 
the geographic extent they existed on January 1, 2014, to an elevation 3 feet above 
the adjacent roadways or surrounding upland topography. 
Annor stone may be 
replaced and rocks may be restacked as necessary to maintain that elevation. 
Extension to the north of the portions of Camp Ellis Beach having armor stone 
existing on January 1, 2014 is not authorized under this paragraph; and 
B. Maintenance, replacement and installation of sand-filled geosynthetic or similar 
structures north of the portions of Camp Ellis Beach having armor stone, so long as 
the structures are within the footprint of existing roadways or infrastructure areas and 
not in natural frontal dune areas. If the Department of Environmental Protection 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 635, L.D. 1644 
grants prior written approval, the City of Saco may install the structures in areas 
adjacent to municipal infrastructure where the natural frontal dune area is completely 
eroded by one or more storm events and the structures are intended to protect and 
preserve that infrastructure. 
Any measures taken pursuant to this subsection must to the maximum extent practicable 
avoid disturbance of and retain dune grass and other native vegetation. Any areas where 
disturbance of dune grass and other native vegetation cannot be avoided must, to the 
maximum extent practicable, be replaced or revegetated following completion of the 
measures. 
Prior to the commencement of any activity exempted from the permitting requirements of 
the Maine Revised Statutes, Title 38, section 480-C by this subsection, the City of Saco 
shall provide the Department of Environmental Protection with written notice of the 
proposed activity. 
2. The City of Saco may file an application with the Department of Environmental 
Protection for an individual 7 -year permit to undertake annual maintenance dredging and 
use of materials from the Saco River channel and harbor as part of Camp Ellis Beach and 
Ferry Beach nourishment measures. The Department of Environmental Protection shall 
issue a 7-year dredging permit authorizing annual maintenance dredging if it detennines 
that the City of Saco's application is complete and meets all otherwise applicable criteria 
and standards. 
The City of Saco may seek renewal of the dredging permit for an 
additional 7 -year period through a permit by rule as authorized in the Maine Revised 
Statutes, Title 38, section 480-E, subsection 8.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Environment and Natural Resources, changes the title and replaces the bill. It allows the 
City of Saco to undertake certain limited property and municipal infrastructure protection 
measures without a Natural Resources Protection Act permit along the coastline and 
within the coastal sand dune system and waterways of the Saco River Harbor area, the 
Saco River Federal Navigation Project area, the Camp Ellis Beach area and the Ferry 
Beach area prior to completion of a River and Harbor Act of 1968, Section 111 project 
for prevention or mitigation of shore damages for the Saco River and Camp Ellis Beach. 
The amendment also authorizes the Department of Environmental Protection to approve 
an individual pennit for the City of Saco to undertake, over a 7-year period, annual 
maintenance dredging of the Saco River channel and harbor and to use the dredged 
materials as beach nourishment on Camp Ellis Beach and Ferry Beach in Saco. The City 
of Saco is authorized to continue annual dredging and beach nourishment measures for an 
additional 7-year period so long as it pursues and obtains a permit by rule. 
FISCAL :--;OTE lU::<"'>LJRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/26/14 frac. 
LD 1644 
LR 2686(02) 
An Act To Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal 
Government 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'J\" ($- <-jOS) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
The bill allows the City of Saco to do certain maintenance, protection and installation measures to various municipal 
structures within the coastline, coastal sand dune system and water ways without a permit from the Department of 
Environmental Protection (DEP). This bill requires the DEP to issue a 7 year dredging permit authorizing maintenance 
if the City of Saco's application meets all permitting requirements. Any additional costs to the DEP for issuing and 
renewing a dredging permit, as well as receiving written notices from the City of Saco, are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR2686(02) - Fiscal Note - Page 1 of 1