An Act to Improve Coastal Sand Dune Restorat10n ProJects
Maine Legislature, Session 131, LD 0478
Committee Amendment CA_A_H92 (House)
Amends: 38 MRSA §480-E

COMMITTEE AMENDivIBNT ''tt, " to HP 295, L D 478, "An Act to Improve 
Coastal Sand Dune Restorat10n ProJects' 
Amend the bill by stnkmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec.1. 38 MRSA §480-E, sub-§15 is enacted to read 
15. Coastal sand dune system restoration projects; stab1hzat1on materials. The 
department may authorize through a permit or a permit by rule under this article a coastal 
sand dune system restoration pr01ect that uses allowable stabilization materials for the 
plantmg of native dune vegetation as long as the pro1ect meets the requirements of this 
subsection and satisfies all other applicable requirements for the permit or penmt by rule 
A Allowable stabihzatlon mate11als may be used or placed only above the highest 
annual tide as measured at the time the pro1ect construction begms 
Allowable 
stabilization materials may be used or placed m high-velocity zones, or V-Zones, as 
identified by the Umted States Department of Homeland Secunty, Federal Emergency 
Management Agency m effective flood msurance rate maps under the National Flood 
Insurance Pi ogram 
B The slope of the constructed dune may not be steeper than the slope of the existmg 
dune m which the allowable stabilization matenals are used or placed 
C Allowable stabihzation materials must be used or placed ma manner designed to 
encourage the revegetat10n of the dune with native dune vegetation and must remam 
covered with sand and native dune vegetat10n throughout and upon complet10n of the 
pro1ect 
D Allowable stab1hzation materials contammg or usmg gravel or cobble may be used 
or placed only m a dune primarily composed of gravel or cobble or duectly ad1acent to 
a beach that is pnmanly gravel or cobble Placement of allowable stab1hzat1on 
materials contammg or usmg gravel or cobble must mvolve the use of gravel or cobble 
5 
from the dune system or beach or gravel or cobble of a similar texture and color of the · 
gravel or cobble of the dune system or beach 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AivIBNDMENT )1- "to HP 295, L D 478 
E A pro1ect that will use or place stakes, anchors or cables made from metal or other 
nonbiodegradable materials or fabrics, blankets or other stabilization materials made 
from polylactic acid polymers is not eligible for a penmt by rule but may be issued a 
penmt under this article 
The use or placement of allowable stabilization materials withm a coastal sand dune system 
m accordance with a permit or a permit by rule authorized by the department pursuant to 
this subsection is not considered a permanent structure under this article 
For the purposes of this subsection, "allowable stabilization materials" means natural. 
plant-based biodegradable or compostable fabrics, erosion control blankets, logs or rolls 
made from corr, 1ute, straw, polylactlc acid polymers or other s1milar matenals, includmg 
materials that contam or use gravel or cobble, discarded hohday trees, other trees fallen or 
washed up m proximity to the site and stakes, anchors or cables used to secure those 
materials For the purposes of this subsection, "native dune vegetation" means dune plant 
species typically adapted to coastal sand dune systems m the State, mcludmg, but not 
l1mited to, American beach grass, Rosa virgm1ana, bayberry, beach pea, beach heather and 
pitchpme 
Sec. 2. 
Department of Environmental Protection; rulemaking. 
The 
Department of Environmental Protection shall mit1ate rulemakmg, as necessary, to amend 
its rule Chapter 305 Natural Resources Protection Act-Permit by Rule Standards and its 
rule Chapter 355 Coastal Sand Dune Rules to ensure the consistency of those rules with 
the Mame Revised Statutes, Title 38, section 480-E, subsection 15 Notwithstandmg Title 
8, section 480-AA or any other provision of law to the contrary, the amendment of rule 
Chapters 3 05 and 3 5 5 by the department m accordance with this section is routme technical 
rulemakmg as defmed m Title 5, chapter 375, subchapter 2-A' 
Amend the btll by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the btll It amends the Natural Resources Protection Act to 
provide that the Department of Environmental Protection is allowed to authorize through a 
0 
penmt or a permit by rule a coastal sand dune system restoration proJect that uses allowable 
stabilization materials for the plantmg of native dune vegetation as long as the proJect meets 
certam statutory reqmrements and satisfies all other applicable reqmrements for the permit 
or permit by rule "Allowable stab1hzation materials" is defined to mean natural, plant-
based biodegradable or compostable fabrics, erosion control blankets, logs or rolls made 
from c01r, Jute, straw, polylactic acid polymers or other similar matenals, mcludmg such 
matenals that contam or use gravel or cobble, discarded holiday trees, other trees fallen or 
7 
washed up m prox1mity to the site and stakes or anchors used to secure any of these 
8 
materials The use or placement of such materials withm a coastal sand dune system m 
accordance with an authorized permit or permit by rule is not considered a permanent 
structure under the Natural Resources Protection Act 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/13/~3 :tPae 
LD478 
LR 1204(02) 
An Act to Improve Coastal Sand Dune Restoration Projects 
Fiscal Note for Bill as Amended by Committee Amendment;q." f// _ '/ 2 ) 
Committee: Environment and Natural Resources 
L': 
Y 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection to implement the provts1ons ofthts bill are 
expected to be mmor and can be abso1bed withm existing budgeted resources 
LR1204(02) - Fiscal Note - Page 1 of 1