Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 355 - COASTAL SAND DUNE RULES › Section 096-355-6 - Standards for frontal dune projects

Current through 2024-29, July 17, 2024
A.
General standards
. Each frontal dune project must meet the
				standards for all projects contained in Section 5.
B.
New construction in frontal
				dunes
. A new structure or addition to an existing structure may not be
				constructed on or seaward of a frontal dune with the exception of the
				following.
(1) Elevated boardwalks constructed
				perpendicular to the beach face, open fences, walkways, and
				driveways.
(2) Fire escapes
				constructed on existing buildings or structures as required by local fire
				codes.
(3) Ramps and elevators
				providing handicap access to a building or a beach, provided that:
(a) The ramps and elevators providing
				handicap access to a building are designed and constructed to minimize
				intrusion on the frontal dune by locating the ramps and elevators to the rear
				of the building or within already-developed areas of the lot, such as a parking
				area, to the extent practicable; or
(b) The ramp or elevator is a public ramp or
				elevator providing access to a beach.
(4) The construction of vertical building
				additions and the addition of dormers provided that:
(a) The addition does not extend horizontally
				beyond the footprint covered by the existing building;
(b) The addition does not increase the
				building's total height to greater than 35 feet above the lowest natural
				elevation measured 5 feet from the corners of the existing building foundation
				or the elevation used by the municipality when determining compliance with
				local ordinances; and
(c) The
				building is not a garage or a storage shed.
(5) The construction of a new building or
				buildings on an undeveloped lot provided that the following requirements are
				met. These provisions do not apply to a lot vacant due to demolition or
				destruction of buildings after August 1, 1983 or to a lot that includes back
				dune area of sufficient size to allow the construction of a building and
				development as outlined in (f), below.
(a) The
				undeveloped lot was a deeded lot of record as of August 1, 1983.
(b) The adjacent lot on both sides of the
				undeveloped lot, along the length of the frontal dune, contains a residential
				building that is located within 100 feet of the lot line of the vacant lot. In
				order to qualify for this exception, the residential buildings on the adjacent
				lots must have been in existence on January 1, 2003.
(c) The undeveloped lot is not precluded from
				development by any other federal, state, or local requirements.
(d) All available variances of municipal
				regulations that would allow an alternative to the project to proceed in
				compliance with the standards in Section 5 have been ruled upon and rejected by
				the municipality.
(e) Any building
				on the undeveloped lot will be constructed at the greatest distance practicable
				from the beach, as determined by the department.
(f) The total area to be covered by the
				footprint(s) of a building or buildings may not exceed 20% of the total area of
				the undeveloped lot. Land area within the V-zone may not be included as part of
				a lot for the purposes of this subsection. Up to 500 square feet of additional
				development may occur on the undeveloped lot in order to provide parking and
				access, including handicap access.
(g) Any building or buildings will be
				elevated on posts as described in Section 6(G).
(6) The reconstruction of an existing
				residential building whose entire footprint is in a back dune may be relocated
				in a frontal dune on the same lot on which the building is located if:
(a) The existing residential building:
(i) Is a permanent structure;
(ii) Existed in a back dune on the lot and
				was landward of an existing seawall prior to June 8, 2006;
(iii) 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
(iv) Is not severely damaged by wave action
				from an ocean storm;
(b)
				The entire residential building when reconstructed:
(i) Is landward of an existing
				seawall;
(ii) 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 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;
(iii) Is elevated on posts
				as required in this chapter regarding sand and water movement; and
(iv) 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 this chapter regarding sand and water
				movement;
(c) The lot on
				which the residential building is reconstructed:
(i) Was a deeded lot of record as of August
				1, 1983;
(ii) Is not precluded from
				development by any other federal, state or local requirements; and
(iii) 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
(d)
				Relocation of the residential building on the frontal dune is minimized to the
				extent practicable, as determined by the department.
(e) When approving reconstruction or
				relocation under this section, the Department 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.