Sec. 1. 38 MRSA §480-E, sub-§9, as enacted by PL 1999, c. 298, §1, is repealed.

Sec. 2. 38 MRSA §480-W, as enacted by PL 1995, c. 230, §1, is amended to read:

§480-W. Emergency actions to protect threatened

property

Notwithstanding section 480-C, if the local code enforcement officer, a state-licensed professional engineer or a state- certified geologist determines that the integrity of a seawall, bulkhead, retaining wall or similar structure in a coastal sand dune system is destroyed or threatened, the owner of property protected by the seawall, bulkhead, retaining wall or similar structure may, without obtaining a permit under this article:

1. Protective materials. Place riprap, sandbags or other heavy nonhazardous material to shore up the threatened structure and replace, repair or leave the materials in place until a project designed to alleviate the threat is certified by the department and by the local code enforcement officer, and that project requires removal of the material for no more than 18 months from the date the first repair material is placed; and

2. Strengthening of structure. Take such actions as are necessary to strengthen to the extent necessary to alleviate the imminent threat, including strengthening the seawall, bulkhead, retaining wall or other structure, including widening the footings and securing the structure to the sand with bolts tie- back anchors.

If a local code enforcement officer, state-licensed professional engineer or state-certified geologist fails to determine whether the integrity of a structure is destroyed or threatened within 12 6 hours of initial contact by the property owner, the property owner may proceed as if the code enforcement officer, state-licensed professional engineer or state-certified geologist had determined that the integrity of the structure was destroyed or threatened.

SUMMARY

This bill repeals a provision in the Maine Revised Statutes, Title 38, section 480-E, subsection 9 that prohibits the Department of Environmental Protection from denying a permit for reconstruction of a structure solely because the structure is located in a V-Zone designated after January 1, 1999 by the