Maine s Coastal Sand Dune Rules

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1 Maine s Coastal Sand Dune Rules July 2017 David Cherry Project Manager Land Division Southern Maine Regional Office Protecting Maine s Air, Land and Water

2 Sand dune systems are mapped by the Maine Geological Survey Front Dunes: D1 Back Dunes: D2 Erosion Hazard Areas

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6 Activities that do not require a permit: de minimis some examples Constructing a walkway or path on previouslydeveloped area Removal of debris from a beach if sand removal is minimized Removal of sand from developed areas provided dune vegetation is not disturbed Open fences (such as split rail) to prohibit pedestrian use Removal of seaweed from the beach by hand or mechanical means provided the seaweed is kept within the dune system and does not inhibit dune vegetation Temporary structures Maintenance and repair

7 Permit by Rule: Section 16 PBR Activities in Coastal Sand Dunes Examples of eligible activities: Repair or replacement of an existing seawall or other specified structure Dune restoration or construction Construction of an open fence Installation or repair of underground utility lines Installation of underground propane tanks

8 Erosion happens

9 Beach Nourishment: requires a full review Coastal Sand Dune permit Compatibility of material: sometimes done in conjunction with dredging activity Timing restriction and monitoring Public access and no development if beach is nourished with State funds Legally binding agreements with private property owners to allow for the management of significant wildlife habitat on the beach portion of property

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11 Dune restoration or construction [Eligible activity under Permit by Rule] Sand must be similar in color and texture No sand can be moved seaward between April 1 and September 1 without MDIFW approval Must be done between March 1 and April 1 or between October 1 and November 15 (unless other timing is approved) Beach grass planting must meet minimum spacing and density requirements Must minimize damage to existing dune vegetation

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13 Seawalls v v v v v No new seawalls may be constructed. 38 M.R.S.A. 480-W revised to clarify what seawall emergency repair actions may be taken. Emergency materials must be removed within a specified time. A qualified professional must approve any permanent actions taken height and length of structure may not be increased. A seawall may be repaired or replaced in the same dimensions with a Permit By Rule. A seawall may be permanently altered (Section (5)(E)) with an individual permit provided it would be less damaging to sand dune system, existing wildlife habitat and adjacent properties.

14 Seawall repair or replacement in Essential Habitat Essential habitats include areas critical to the survival of threatened and endangered species such as... least tern, roseate tern, and piping plover. If the activity is located in essential habitat... a Permit by Rule (PBR) is only available if the applicant obtains written approval from the Department of Inland Fisheries and Wildlife (IF&W). This approval from IF&W must be submitted to the DEP with the PBR notification form, and the applicant must follow any conditions stated in the IF&W approval.

15 Wildlife Habitat q Some sand dunes contain significant wildlife habitat and Essential Habitat (piping plovers, least terns). q Projects subject to both the sand dune rules and the significant wildlife habitat (other shorebirds) rules will be reviewed as one project. q Projects in Designated Essential Habitat must obtain an Essential Habitat evaluation from IF&W. q Essential habitat maps are available in municipal offices, IF&W offices and DEP offices. q Request for Project Evaluation - Essential Habitats of Endangered and Threatened Species q The form and other information is available at:

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18 Reconstruction In Front Dunes Reconstruction of severely damaged buildings resulting from wave action is limited in the entire front dune, not just v-zones. Sections 6D, 6E and 6F include reconstruction standards for buildings not severely damaged by wave action, buildings that are severely damaged and buildings that are severely damaged that were already reconstructed once. A building in a V-Flood Zone may only be reconstructed once.

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20 Post or Pile Foundations To allow for the movement of sand and water All new or reconstructed buildings in frontal dunes and erosion hazard areas in back dunes must be elevated on post or pile foundations. MGS identifies back dune Erosion Hazard Areas (EHAs). Buildings in V or AO flood zones would be in an EHA. The building s lowest structural members must be set at the elevation required by the local floodplain ordinance. Section 9(B), Variances, would allow an applicant to apply for a hardship variance from this requirement.

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22 Buildings Severely Damaged by Wave Action In the V-zone, a building may only be reconstructed once. Outside the V-zone, may be reconstructed more than once if the reconstruction complies with standards in both 6(E) and 6(F). 6(E) standards include moving back to the extent practicable, same area, dimensions and height of previous building except to allow for posts. Structure may be eligible for further reconstruction if moved out of the V-zone. 6(F) standards include further minimization and mitigation such as greater attempts to move back, reducing the amount of building and lot coverage, restoring impacts to dune system caused by structures on lot.

23 New Construction in Developed Frontal Dune Areas The rules allow new construction on vacant lots in developed areas under specific conditions (Section 6(B)(5)). Developed areas require that there are residential buildings on both sides within 100 ft. of the lot line along the length of the dune. Building size and development restrictions apply; mitigation may be required. All applicable standards of the rules would apply including elevating on posts. New provision (2014) allows for building to be relocated from back dune to front dune under very specific circumstances.

24 Statutory Exemption Minor expansions to buildings in a coastal sand dune system. Expansion of an existing residential or commercial building is exempt if: - The footprint of the expansion is contained within an existing impervious area (not including decks or patios); - The footprint of the expansion is no further seaward than the existing building; - The height of the expansion is within the height restriction of any applicable law or ordinance; and - The expansion conforms to the standards for expansion of a building contained in the municipal shoreland zoning ordinance.

25 Sources of Assistance Most sand dunes have been identified by the Maine Geological Survey ( MGS ) and are shown on photos titled Beach and Dune Geology Aerial Photos, online Photos are available for review at town offices and regional DEP offices. Photos are available for purchase through MGS. Permitting assistance available at DEP s Southern Maine Regional Office, phone

26 Jersey shore post-sandy: a cautionary tale

27 The way life should be

28 (207) Southern Maine Regional Office

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