An Act To Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal Government
Maine Legislature, Session 126, LD 1644
Committee: Environment and Natural Resources
Sponsors: VALENTINO, CHENETTE, BOYLE, COLLINS, HOBBINS, ROCHELO
Amends: 38 MRSA §480-C

Legislative Document 
No. 1644 
S.P. 635 
In Senate, December 23, 2013 
An Act To Allow Municipalities To Stabilize Sand Dunes Affected 
by Actions of the Federal Government 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 23, 2013.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Representative CHENETTE of Saco and 
Senators: BOYLE of Cumberland, COLLINS of York, Representatives: HOBBINS of Saco, 
ROCHELO of Biddeford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §480-C, sub-§1, as amended by PL 2001, c. 618, §2, is further 
amended to read: 
1.  Prohibition.  A person may not perform or cause to be performed any activity 
listed in subsection 2, except as provided in subsection 5, without first obtaining a permit 
from the department if the activity is located in, on or over any protected natural resource 
or is located adjacent to any of the following: 
A.  A coastal wetland, great pond, river, stream or brook or significant wildlife 
habitat contained within a freshwater wetland; or 
B.  Freshwater wetlands consisting of or containing: 
(1)  Under normal circumstances, at least 20,000 square feet of aquatic 
vegetation, emergent marsh vegetation or open water, except for artificial ponds 
or impoundments; or 
(2)  Peatlands dominated by shrubs, sedges and sphagnum moss. 
A person may not perform or cause to be performed any activity in violation of the terms 
or conditions of a permit. 
Sec. 2.  38 MRSA §480-C, sub-§2, as enacted by PL 1987, c. 809, §2, is amended 
to read: 
2.  Activities requiring a permit.  The Except as provided in subsection 5, the 
following activities require a permit: 
A.  Dredging, bulldozing, removing or displacing soil, sand, vegetation or other 
materials; 
B.  Draining or otherwise dewatering; 
C.  Filling, including adding sand or other material to a sand dune; or and 
D.  Any construction, repair or alteration of any permanent structure. 
Sec. 3.  38 MRSA §480-C, sub-§5 is enacted to read: 
5.  Activity not requiring a permit.  If erosion of a sand dune is caused by the 
construction, erection, improvement or maintenance of a structure by the Federal 
Government or of a structure owned by the Federal Government, a municipality may fill 
or add sand or other material to the sand dune or construct a structure on the sand dune 
for the purpose of stabilizing the sand dune. 
SUMMARY 
This bill allows a municipality to fill or add sand or other material to a sand dune or 
construct a structure on a sand dune if the sand dune incurs erosion attributable to the 
construction, erection, improvement or maintenance of a structure by the Federal 
Government or of a structure owned by the Federal Government.