Section 096-355-4 - Review not requiredThis section clarifies when certain activities in coastal sand dune systems do not require approval pursuant to the NRPA. Permits are required for all other projects.
A.De minimis activity. The following activities have minimal impacts and are not considered to be included in the listed activities requiring a permit at 38 M.R.S.A. §480-C(2). (1) Construction of a walkway or path on an area of the lot that has already been developed.(2) Removal of debris from a beach, provided that little or no sand is removed with the debris.(3) The addition of loam to maintain an existing lawn, provided that the total depth of loam supporting the lawn does not exceed 3 inches.(4) Removal of sand from lawns, walkways, roads, driveways, parking areas, and buildings, provided the sand is placed back into the coastal sand dune system without disturbing dune vegetation. Sand placed on the beach must be spread out to a height no greater than 3 inches above the existing beach grade.(5) The placement of an open fence in the coastal sand dune system that is used to keep pedestrian traffic off dune vegetation or away from Designated Essential Habitat or significant wildlife habitat areas.(6) The replacement of an existing partial or full foundation with a post or piling foundation that complies with the requirements of 5(D) and 6(G), that allows for the free movement of sand and water and that remains in the existing footprint.(7) Construction of a municipal sewer or stormwater outfall pipe that is buried and that has received approval from the department under Chapter 310, Wetlands and Waterbodies Protection Rule, including appurtenant structures that might be located in an upland area.(8) Removal of seaweed from the beach by hand or mechanical means provided the seaweed is not removed from the coastal sand dune system and does not disturb dune vegetation.B.Temporary structure. Construction of a temporary structure does not require a permit. Construction of a permanent structure requires a permit, as set forth at 38 M.R.S.A. §480C(2)(D).C.Maintenance and repair. A permit is not required for maintenance and repair activity as set forth in the statutory exemption at 38 M.R.S.A. 480-Q(2). (1) The maintenance and repair exemption does not apply if:(a) The repair is to more than 50% of a structure located in a coastal sand dune system;(b) The repair would result in an additional intrusion into the coastal sand dune system;(c) The dimensions of the repaired structure would exceed the dimensions of the structure as it existed 24 months prior to the repair; or(d) The structure has been officially included in or is considered by the Maine Historical Preservation Commission as eligible for listing in the National Registrar of Historic Places and the dimensions of the repaired structure would exceed the dimensions of the historic structure.(2) The following specific activities are considered to come within the maintenance and repair exemption. (a) Maintenance and repair of an existing building's foundation provided the foundation type and the dimensions of the foundation remain the same.(b) Maintenance and repair of an underground storage tank.(3) The maintenance and repair exemption may not be used to reconstruct a structure. The Department may consider changes made to the structure within a 5 year period to determine whether this exemption applies.06-096 C.M.R. ch. 355, § 4