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: Environment and Natural Resources
Sponsors: LYFORD
Amends: 38 MRSA §480-Q

Legislative Document
No. 2030
S.P. 858
In Senate, December 13, 2023
An Act to Exempt Certain Emergency Activities and Structure 
Elevation Increases in Flood Zones from Permit Requirements 
Under the Natural Resources Protection Act
Submitted by the Department of Environmental Protection pursuant to Joint Rule 203.
Received by the Secretary of the Senate on December 11, 2023.  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 LYFORD of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-Q, sub-§30, as corrected by RR 2011, c. 1, §60, is amended 
to read:
30.  Lobster trap storage.  The storage of lobster traps and related trap lines, buoys 
and bait bags on docks in, on, over or adjacent to a coastal wetland.  For purposes of this 
subsection, "dock" means a dock, wharf, pier, quay or similar structure built in part on the 
shore and projected into a harbor and used as a landing, docking, loading or unloading area 
for watercraft; and
Sec. 2.  38 MRSA §480-Q, sub-§32, as enacted by PL 2011, c. 599, §14, is amended 
to read:
32.  Placement of wood in streams.  The placement of wood in stream channels to 
enhance cold water fisheries habitat in accordance with Title 12, section 8867‑C and rules 
adopted to implement that section.;
Sec. 3.  38 MRSA §480-Q, sub-§33 is enacted to read:
33.  Emergency flood alleviation.  An emergency 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 public health or safety 
caused by a flood event occurring at the time the emergency activity is conducted, as long 
as the river, stream or brook 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;
Sec. 4.  38 MRSA §480-Q, sub-§34 is enacted to read:
34.  Elevating or replacing existing building foundation.  Full or partial elevation or 
replacement of an existing building foundation if:
A.  The building is located in an area of special flood hazard;
B.  Erosion control measures are taken to prevent sedimentation of water during and 
resulting from the elevation or replacement;  
C.  The building remains entirely within the building footprint existing immediately 
prior to the elevation or replacement;
D.  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
E.  When the building is in a coastal sand dune system, the foundation is replaced with 
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 
piling foundation may be enclosed with latticework or other similar material through 
which water, wind and sand can easily move; and
Sec. 5.  38 MRSA §480-Q, sub-§35 is enacted to read:
35.  Elevating existing pier.  A one-time increase in the height of an existing pier over 
a coastal wetland if:
A.  There is no additional intrusion of the pier into the coastal wetland;
B.  The dimensions of the pier do not change in any way except for height; and
C.  The height of the pier is increased by no more than 2 feet.
SUMMARY
This bill exempts certain activities from permit requirements under the Natural 
Resources Protection Act.  The activities exempted are emergency activities to alleviate 
flood events, elevating or replacing existing building foundations in areas of special flood 
hazard and one-time increases in the height of existing piers over coastal wetlands.