Note: Selected activities may be eligible under
Chapter 305, Permit By Rule.
A.
Timeframe for building
reconstruction. All
building reconstruction that does not qualify as
maintenance and repair (Sections
3(X) and
4(C)) requires a permit. The
building
to be reconstructed must exist on the date an application is accepted for
processing by the
department or have lawfully existed within one year of the
date an application is accepted for processing by the
department.
B.
Development on individual
lots. Development on an individual
lot is restricted as follows:
(1) No more than 40% of a lot may be covered
by development, including land area previously developed. Lawns and other areas
filled for landscaping are considered development and must be included in the
development calculations.
(2) If
development exceeds 40% of the total lot area on the date that an application
is accepted for processing by the department or did exceed 40% of the total lot
area within one year of the date that an application is accepted for processing
by the department, the percentage of lot area covered by development may not be
increased.
(3) Land area within the
V-zone may not be included as part of a lot for the purposes of this
subsection.
(4) No building may be
constructed such that any part extends seaward of a line drawn between the
seaward-most point of buildings on adjacent properties where such construction
would significantly obstruct the view from an adjacent building.
(5) No additional land may be covered by
development or buildings as a result of lot subdivisions created after August
1, 1983.
C.
Shoreline changes within 100 years. A project may not be permitted
if, within 100 years, the property may reasonably be expected to be eroded as a
result of changes in the shoreline such that the project is likely to be
severely damaged after allowing for a two foot rise in sea level over 100
years. Beach nourishment and dune restoration projects are excluded from this
requirement.
D.
Building size
restrictions. No
building greater than 35 feet in height or covering a
ground area greater than 2,500 square feet may be constructed in a coastal sand
dune system unless the
applicant demonstrates by clear and convincing evidence
that:
(1) The site will remain stable after
allowing for a two foot rise in sea level over 100 years, and
(2) The increased height will not have an
unreasonable adverse effect on
existing uses that rely on access to direct
sunlight including, but not limited to: native
dune vegetation and recreational
beach use.
Reliance upon an existing seawall is not sufficient as
evidence of site stability. An existing building may be elevated on a post or
pile foundation to exceed 35 feet for the sole purpose of meeting the elevation
requirements in Sections 6(G) and 7(C) without the need to demonstrate that the
site will remain stable after allowing for sea level rise.
When determining the height of the building, the measurement
is taken from the existing, lowest natural elevation within the building's
footprint if the lot is undeveloped, the lowest natural elevation measured 5
feet from the corners of an existing building's foundation, or the elevation
used by the municipality when determining compliance with local
ordinances.
E.
Seawalls and similar structures. No new
seawall or similar
structure may be constructed. No existing
seawall or similar structure may be
altered or replaced except as provided below, and as allowed under Chapter 305,
Permit By Rule and
38 M.R.S.A. §480-W.
(1)
Permanent alteration of different
dimensions or location. With a permit from the
department, a
seawall or
similar structure may be replaced with a structure of different dimensions or
in a different location that is farther landward if the
department determines
that the replacement structure would be less damaging to the coastal sand dune
system, existing wildlife habitat and adjacent properties than replacing the
existing structure with a structure of the same dimensions and in the same
location.
Note: The department encourages landowners to
consider removing a seawall or similar structure and covering the area with
sand and dune vegetation, or replacing the structure in a more landward
position to reduce its influence on the beach and sand dune system.
F.
Designated
essential habitat and significant wildlife habitat. A
project may not
unreasonably harm Designated
Essential Habitat and
significant wildlife habitat
within the coastal sand dune system. A
project located partially or wholly
within an area designated as
Essential Habitat must obtain an
Essential Habitat
evaluation from the
Department of Inland Fisheries & Wildlife (IF&W).
Essential Habitat maps are available in affected town offices, IF&W
offices, and
department offices.
Note: IF&W has identified nesting areas for
piping plovers and least terns as Essential Habitat under the Maine
Endangered Species Act (12 M.R.S.A. §§ 7751-7756).
G.
Fences. To allow
for the movement of sand and water, no closed fence may be placed in any
frontal dune or erosion hazard area.
H.
Legal access. A project may
not unreasonably interfere with legal access to or use of the public
resources.
I.
Mitigation and
enhancement. To mitigate for on site project impacts that interfere with
the natural supply or movement of sand or gravel or may increase the erosion
hazard to the sand dune system, the department may require sand dune mitigation
and enhancement measures, including: restoring the dune topography and
elevating the crest of the sand dune to at least one foot above the 100 year
flood/wave run up level; and provisions to enhance with native vegetation the
portions of the lot not covered by buildings or parking
areas.
