An Act to Exempt Certain Emergency Activities and Structure Elevation Increases in Flood Zones from Permit Requirements Under the Natural Resources Protection Act
Maine Legislature, Session 131, LD 2030
Committee Amendment CA_A_S547 (Senate)
Amends: 38 MRSA §480-E, 38 MRSA §480-Q

COMMITTEE AMENDMENT " {\ " to S.P. 858, L.D. 2030, "An Act to Exempt
Certain Emergency Activities and Structure Elevation Increases in Flood Zones from
Permit Requirements Under the Natural Resources Protection Act"
Amend the bill by striking out the title and substituting the following:
'An Act to Amend the Natural Resources Protection Act to Enhance the State's Ability
to Respond to and Prepare for Significant Flood Events and Storm Surge'
Amend the bill by inserting after the title and before the enacting clause the following:
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, in recent months, the State has experienced multiple significant storm
events causing widespread and devastating flooding and damagmg public and private
infrastructure across the State with particular impact along the coast, which has experienced
historically high and dangerous tides; and
Whereas, with an ever-increasing frequency of such storm events and the associated
risks to persons, property and resources, the State, local governments and citizens of the
State must respond quickly and effectively during these storms and be able to enhance the
resilience of public and private infrastructure to the effects of these storms; and
Whereas, proposed changes to the Natural Resources Protection Act, which will serve
to better prepare the State and mfrastructure across the State to withstand such storm events,
must take effect immediately to facilitate the development of critical coastal and inland
resiliency measures; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by inserting after the enacting clause the following:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 858, L.D. 2030 C5'.
^0^ 'See. 1. 38 MRSA §480-E, sub-§16 is enacted to read:
16. Height increase upon reconstruction or replacement of pier, wharf or dock
m,_on_or_over coastal wetland. Notwithstanding any provision of this article to the
contrary, the department may authorize through a permit by rule an increase in the height
of a pier. wharf or dock located wholly or partially in, on or over a coastal wetland when
the pier, wharf or dock is reconstructed or replaced if:
A. The height of the reconstructed or replaced pier. wharf or dock is increased by no
more than the amount necessary for the bottom of the lowest horizontal structural
component of the deck of the pier^wharfor dock to be 4 feet above the base flood
elevation. The deck of the pier, wharf or dock may be extended into the upland only
as necessary to accommodate any height increase^ un^^^^^^ A^ paragraph and an
additional row ofmlines may be placed under the deck to facilitate that extension; and
B. The reconstructed or replaced pier. wharf or dock otherwise meets all applicable
pennit by rule standards.
For the purposes of this subsection, "pier. wharf or dock" includes any permanent structures
located on the pier. wharf or dock. "Pier. wharf or dock" does not include a seawall, iettv,
breakwater or similar structure designed to dissipate wave action.
Sec. 2. 38 MRSA §480-E, sub-§17 is enacted to read:
17. Reconstruction or reBlacement of pier, wharf or dock in, on or over coastal
sand dune system. Notwithstanding any provision of this article to the contrary, the
department may authorize through a permit orapermit by rule the reconstruction or
replacement of a pier. wharf or dock located wholly or partially in, on or over a coastal
sand dune svstem if:
A. The pier. wharf or dock to be reconstructed or replaced was in existence on January
1.2024:
B. The reconstructed or replaced pier. wharf or dock is built on pilings, posts or similar
supports that allow for the free movement of water. wind and sandunder thedeck of
the uier. wharf or dock; and
C, The reconstructed or replacecLmer,wharf or dock otherwise meets all applicable
requirements adopted by the department by rule.
The departo may adopt mles establishing standards for fhe reconstruction or
replacement of a pier. wharf or dockm ^accordance with this subsection.
For the purposes of this subsection._"pier, wharf or dock" includes any permanent structures
located on the pier. wharf or dock. "Pier. wharf or dock" doesjiot mclude a seawall, iettv.
breakwater or similar structure desiened_to dissipate wave action.
6 Sec. 3. 38 MRSA §480-Q, sub-§2-F is enacted to read:
7 2-F. Repair of pier, wharf or dockm, on or over coastal wetland. Repair of a pier,
8 wharf or dock located wholly or partially in, on or over a coastal wetland if:
A. Erosion control measures are taken to prevent sedimentation of the water;
B. There is no additional intrusion into the_ coastal wetland;
C. Fill is not placed in or adjacent to the coastal wetland; and
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/1 "toS.P.858,L,D.2030^<-'
/ ••^'Cpl D- The dimensions of the repaired pier. wharf or dock do not exceed the dimensions
of the pier, wharf or dock as it existed 24 months prior to the repair, except that the
heieht of the pier. wharf or dock may be increased by no more than the^^
necessary for the bottom of the lowest horizontal structural component of the deck of
the pier, wharf or dock to be 4 feet above the base flood elevation. The deck of the
pier. wharf or dock may be extended into the upland only as necessary to accommodate
any height increase under this paragraph.
This subsection does not apply to the repair of more than 50% of a pier. wharf or dock
located wholly or partially in. on or over a coastal wetland unless^^ in which
the repair activity is located requires a permit for the activity throueh an ordinance adopted
pursuant to the mandatory shoreland zoning laws and the application for a permit is
approved by the municipality.
For the purposes of this subsection, "pier. wharf or dock" includes any permanent structures
located on the pier, wharf or dock. "Pier. wharf or dock" does not include a seawall, iettv,
breakwatero^similar structure designed to dissipate wave action;'
Amend the bill by strikmg out all of sections 3 to 5 and inserting the following:
'See. 3. 38 MRSA §480-Q, sub-§33 is enacted to read:
33. Emergency flood alleviation. An emereencv activity conducted or overseen by
the State or a local government in, on, over or adjacent to a river, stream or brook when the
emergency activity is necessary to alleviate an immediate threat to safety
caused by ajlood event occurring at the tmie the emergency activity is conducted, as long
as any alteration to the river, stream or brook necessaryto conduct the^^^^^^^^^ activity
is restored following the flood event to the conditions that existed prior to the flood event
to the greatest extent practicable, as determined by the department.
A local government conducting or overseeing an emereencv activity pursuant to this
subsection shall notify the department prior to its conducting or overseeine the emergency
activity and shall maintain communication with the department for ihe^^d^ of the
emereencv activity as du-ected by the department; and
Sec. 4. 38 MRSA §480-Q, sub-§34 is enacted to read;
34. Elevatine buildine foundation. Elevation ofabuildmfi^^fo if;
A. The building is located:
d t On a pier. wharf or dock wholly or oartiallv in, on or over a coastal wetland;
f2) Adjacent to a protected natural^ resource; or
(3) Wholly or partially in a coastal sand dune system;
B. Erosion control measures are taken to prevent sedunentation of the water during
and resulting from the elevation of the foundation;
C. The amount of fill used to support the elevated building is limited to themmunum
amount necessary to maintain the integrity of the building and fill is not placed in a
protected natural resource except as necessary m a coastal sand dune system to suooort
the elevation of a building foundation in accordance with paragraph F;
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S.P. 858, L.D. 2030 [ S".
,<y D. The building remains entirely within the building footprint existing immediately
urior to the elevation;
E. The building height after being elevated conforms to the requirements of section
439-A. subsection 4 and the standards contained in the relevant municipal shoreland
zoning ordinances adopted pursuant to article 2-B; and
F. When the building is in a coastal sand dune system. the foundation after being
elevated consists of a post or piling foundation that allows for the free movement of
water, wind and sand and the building does not exceed 35 feet in height after being
elevated. The post or piline foundation may be enclosed with latticework or other
similar material through which water, wind and^ sand can easily move.
The elevation of a building foundation authorized pursuant to this subsection may include
the constmction of reasonable access to th^^ building, such as steps or a ramp.
F_orthe purposes of this subsection._"pier, •wharf or dock" does not include a seawall, iettv.
breakwater or similar structure_desifined to dissipate wave action.
Sec. 5. Department of Environmental Protection; rulemaking;
authorizations. Notwithstanding the Maine Revised Statutes, Title 38, section 480-AA
or any other provision of law to the contrary, any rulemaking conducted prior to July 1,
2025 by the Department of Environmental Protection to amend its rule Chapter 305:
Natural Resources Protection Act-Pennit by Rule Standards and its rule Chapter 355:
Coastal Sand Dune Rules to ensure the consistency of those rules with Title 38, section
480-E, subsections 16 and 17 is routine technical rulemakmg, as defined in Title 5, chapter
375, subchapter 2-A.
Notwithstanding any provision of law or department rule to the contrary, prior to the
final adoption by the department of amendments to its mle Chapter 305 or rule Chapter
355 pursuant to this section, the department may authorize activities through a permit by
rule consistent with the requirements of Title 38, section 480-E, subsection 16 or through
a permit or permit by mle consistent with the requirements of Title 38, section 480-E,
subsection 17.'
Amend the bill by adding before the summary the following;
0 'Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment changes the title of the bill, adds an emergency preamble and
emergency clause and amends the bill as follows.
1. It clarifies the provision in the bill exempting from permit requirements under the
8 Natural Resources Protection Act emergency activities to alleviate flood events to require
a local government conducting or overseemg such activity to notify and maintain
communication with the Department of Environmental Protection.
Page4-131LR2664(02)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /] " to S.P. 858, L.D. 2030 (S 5Y1
'>»0 1 2- ^ clarifies the provision in the bill exempting from permit requirements under the
Natural Resources Protection Act the elevation of building foundations by limiting the
exemption to the elevation of buildings located in coastal sand dune systems; on a pier,
wharf or dock located wholly or partially in, on or over a coastal wetland; or adjacent to a
protected natural resource subject to additional specified limitations.
3. It removes from the bill the provision exempting from permit requirements under
the Natural Resources Protection Act a one-time increase in the height of a pier over a
coastal wetland. The amendment instead exempts from those permit requirements the
repau of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland
where the height of the pier, wharf or dock is increased by no more than the amount
necessary for the bottom of the lowest horizontal structural component of the deck to be 4
feet above base flood elevation, subject to additional specified limitations.
4. It provides that the Department of Environmental Protection may authorize through
a Nahiral Resources Protection Act permit by rule an increase in the height of a pier, wharf
or dock located wholly or partially in, on or over a coastal wetland when reconstructed or
replaced where the height of the pier, wharf or dock is increased by no more than the
amount necessary for the bottom of the lowest horizontal structural component of the deck
to be 4 feet above base flood elevation, subject to additional specified limitations.
5. It provides that the Department of Environmental Protection may authorize through
a Natural Resources Protection Act permit or a permit by rule the reconstruction or
replacement of a pier, wharf or dock in, on or over a coastal sand dune system if the pier,
wharf or dock that was in existence on January 1, 2024 and the reconstructed or replaced
pier, wharf or dock is built on pilings, posts or similar supports that allow for the free
movement of water, wind and sand under the deck, subject to additional specified
limitations.
6. It provides that Department of Environmental Protection rulemaking conducted
prior to July 1, 2025 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 mles with the statutory changes provided for in the amendment is
0 routine technical rulemaking. The amendment also provides that prior to the final adoption
by the department of those amendments to its rule Chapter 305 and rule Chapter 355, the
department may authorize through a permit or permit by mle, as applicable, certain pier,
wharf or dock reconstruction, replacement or repair activities authorized by the statutory
changes in the amendment.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/14/24 .^s?c*.
LD 2030 LR 2664(02)
An Act to Exempt Certain Emergency Activities and Structure Elevation Increases in Flood Zones
from Permit Requirements Under the Natural Resources Protection Act
Fiscal Note for Bill as Amended by Committee Amendment "/}"^5-$z/7
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor revenue decrease - Other Special Revenue Funds
Minor savings - Other Special Revenue Funds
Fiscal Detail and Notes
This bill will exempt certain activities from requiring a Department of Environmental Protection permit. Reducing
number of permits issued will result in a minor loss of Other Special Revenue Funds revenue from these permits and
minor savings in staff time from fewer permit reviews.
T,R2664f02t - Fiscal Note - Pasre 1 of 1