An Act Regarding Reconstruction of Residentiaf S;ructures on Sand Dunes
Maine Legislature, Session 126, LD 1102
Committee Amendment CA_A_S132 (Senate)

COMMITTEE AMENDMENT "A" to S.P. 384, L.D. 1102, Bill, "An Act 
Regarding Reconstruction of Residentiaf S;ructures on Sand Dunes" 
Amend the bill in the emergency preamble in the 2nd paragraph in the 3rd and 4th 
lines (page 1, lines 5 and 6 in L.D.) by striking out the following: ", and those rules are 
not consistent with legislative intent" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. PL 2011, c. 538, §15 is repealed. 
Sec. 2. Repeal of current rules. The Department of Environmental Protection 
shall repeal rules adopted pursuant to Public Law 2011, chapter 538, section 15. 
Sec. 3. Coastal sand dune rulemaking. The Department of Environmental 
Protection may adopt rules allowing for the reconstruction of an existing residential 
building whose entire footprint is in a back dune to be relocated in a frontal dune on the 
same lot on which the building i~. located if: 
1. The existing residential building: 
A. Is a permanent structure; 
B. Existed in a back dune on the lot and was landward of an existing seawall prior to 
June 8, 2006; 
C. Was originally constructed in a back dune after August 1, 1983, in accordance 
with a permit issued by the department under the Natural Resources Protection Act; 
and 
D. Is not severely damaged by wave action from an ocean storm; 
2. The entire residential building when reconstructed: 
A. Is landward of an existing seawall; 
B. Has a footprint that is 2,500 square feet or less, that is not located in a V -zone as 
identified on the effective Flood Insurance Rate Maps issued by the Federal 
COMMI7-TEE AMENDMENT 
~ .. ,.. 
COMMITTEE AMENDMENT "A" to S.P. 384, L.D. 1102 
Emergency Management Agency and that does not exceed 20% of the total area of 
the lot. The land area within the V -zone may not be included as part of the lot for 
purposes of this paragraph and up to 500 square feet of additional development may 
occur on the lot in order to provide parking and access, including handicap access; 
C. Is elevated on posts as required in rules of the department regarding sand and 
water movement; and 
D. Is no more than 35 feet in height, except that it may exceed 35 feet for the sole 
purpose of meeting the elevation requirements in rules of the department regarding 
sand and water movement; 
3. The lot on which the residential building is reconstructed: 
A. Was a deeded lot of record as of August I, 1983; 
B. 
Is not precluded from development by any other federal, state or local 
requirements; and 
C. Has an adjacent lot on each of its sides, along the length of the frontal dune, that 
contains a residential building that is located within 100 feet of the lot line and that 
existed on January 1,2003; and 
4. Relocation of the residential building on the frontal dune is minimized to the 
extent practicable, as determined by the department. 
In approving reconstruction or relocation as authorized under this section, the rules 
may require sand dune mitigation and enhancement measures, including, but not limited 
to, restoring the dune topography and elevating the crest of the sand dune to at least one 
foot above the 100-year floodplain or wave run-up level and enhancing with native 
vegetation the portions of the lot that are not covered by buildings or parking areas. 
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 I.' 
SUMMARY 
This amendment amends the bill's emergency preamble and replaces the rest of the 
bill. It repeals Public Law 2011, chapter 538, section 15 and directs the Department of 
Environmental Protection to repeal rules adopted pursuant to that law. The bill provides 
statutory standards for certain reconstruction in a coastal sand dune. The amendment 
strikes the statutory standards proposed in the bill and instead authorizes the department 
to adopt new rules and identifies the standards the department must use in that 
rulemaking. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: OS/21113 
~ac:. 
LD 1102 
LR 1229(02) 
An Act Regarding Reconstrlllction of Residential Structures on Sand Dunes 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '1t(S' I ~ 1-) 
Committee: Environment and Natural Resources 
Fis(:al Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Additional costs incurred by the Department of Environmental Protection for rulemaking related to reconstruction in a 
frontal sand dune can be absorbed within existing budgeted resources. 
LR1229(02) - Fiscal Note - Page I of 1