PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Allow Municipalities To Stabilize Sand Dunes Affected by Actions of the Federal Government
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §480-C, sub-§1, as amended by PL 2001, c. 618, §2, is further amended to read:
 
1. Prohibition.   A person may not perform or cause to be performed any activity listed in subsection 2, except as provided in subsection 5, without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following:
 
A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or
 
B. Freshwater wetlands consisting of or containing:
 
(1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or
 
(2) Peatlands dominated by shrubs, sedges and sphagnum moss.
 
A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit.
Sec. 2. 38 MRSA §480-C, sub-§2, as enacted by PL 1987, c. 809, §2, is amended to read:
 
2. Activities requiring a permit.  TheExcept as provided in subsection 5, the following activities require a permit:
 
A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;
 
B. Draining or otherwise dewatering;
 
C. Filling, including adding sand or other material to a sand dune; orand
 
D. Any construction, repair or alteration of any permanent structure.
Sec. 3.  38 MRSA §480-C, sub-§5  is enacted to read:
 
5.  Activity not requiring a permit.     If erosion of a sand dune is caused by the construction, erection, improvement or maintenance of a structure by the Federal Government or of a structure owned by the Federal Government, a municipality may fill or add sand or other material to the sand dune or construct a structure on the sand dune for the purpose of stabilizing the sand dune.
 
SUMMARY
This bill allows a municipality to fill or add sand or other material to a sand dune or construct a structure on a sand dune if the sand dune incurs erosion attributable to the construction, erection, improvement or maintenance of a structure by the Federal Government or of a structure owned by the Federal Government.