06-096-355 Me. Code R. § 6

Current through 2024-51, December 18, 2024

Section 096-355-6 - Standards for frontal dune projects

A.General standards. Each frontal dune project must meet the standards for all projects contained in Section 5.

B.New construction in frontal dunes. A new structure or addition to an existing structure may not be constructed on or seaward of a frontal dune with the exception of the following.

(1) Elevated boardwalks constructed perpendicular to the beach face, open fences, walkways, and driveways.

(2) Fire escapes constructed on existing buildings or structures as required by local fire codes.

(3) Ramps and elevators providing handicap access to a building or a beach, provided that:

(a) The ramps and elevators providing handicap access to a building are designed and constructed to minimize intrusion on the frontal dune by locating the ramps and elevators to the rear of the building or within already-developed areas of the lot, such as a parking area, to the extent practicable; or

(b) The ramp or elevator is a public ramp or elevator providing access to a beach.

(4) The construction of vertical building additions and the addition of dormers provided that:

(a) The addition does not extend horizontally beyond the footprint covered by the existing building;

(b) The addition does not increase the building's total height to greater than 35 feet above the lowest natural elevation measured 5 feet from the corners of the existing building foundation or the elevation used by the municipality when determining compliance with local ordinances; and

(c) The building is not a garage or a storage shed.

(5) The construction of a new building or buildings on an undeveloped lot provided that the following requirements are met. These provisions do not apply to a lot vacant due to demolition or destruction of buildings after August 1, 1983 or to a lot that includes back dune area of sufficient size to allow the construction of a building and development as outlined in (f), below.

(a) The undeveloped lot was a deeded lot of record as of August 1, 1983.

(b) The adjacent lot on both sides of the undeveloped lot, along the length of the frontal dune, contains a residential building that is located within 100 feet of the lot line of the vacant lot. In order to qualify for this exception, the residential buildings on the adjacent lots must have been in existence on January 1, 2003.

(c) The undeveloped lot is not precluded from development by any other federal, state, or local requirements.

(d) All available variances of municipal regulations that would allow an alternative to the project to proceed in compliance with the standards in Section 5 have been ruled upon and rejected by the municipality.

(e) Any building on the undeveloped lot will be constructed at the greatest distance practicable from the beach, as determined by the department.

(f) The total area to be covered by the footprint(s) of a building or buildings may not exceed 20% of the total area of the undeveloped lot. Land area within the V-zone may not be included as part of a lot for the purposes of this subsection. Up to 500 square feet of additional development may occur on the undeveloped lot in order to provide parking and access, including handicap access.

(g) Any building or buildings will be elevated on posts as described in Section 6(G).

(6) The reconstruction of an existing residential building whose entire footprint is in a back dune may be relocated in a frontal dune on the same lot on which the building is located if:

(a) The existing residential building:

(i) Is a permanent structure;

(ii) Existed in a back dune on the lot and was landward of an existing seawall prior to June 8, 2006;

(iii) Was originally constructed in a back dune after August 1, 1983, in accordance with a permit issued by the department under the Natural Resources Protection Act; and

(iv) Is not severely damaged by wave action from an ocean storm;

(b) The entire residential building when reconstructed:

(i) Is landward of an existing seawall;

(ii) Has a footprint that is 2,500 square feet or less, that is not located in a V-zone as identified on the effective Flood Insurance Rate Maps issued by the Federal Emergency Management Agency and that does not exceed 20% of the total area of the lot. The land area within the V-zone may not be included as part of the lot for purposes of this paragraph and up to 500 square feet of additional development may occur on the lot in order to provide parking and access, including handicap access;

(iii) Is elevated on posts as required in this chapter regarding sand and water movement; and

(iv) Is no more than 35 feet in height, except that it may exceed 35 feet for the sole purpose of meeting the elevation requirements in this chapter regarding sand and water movement;

(c) The lot on which the residential building is reconstructed:

(i) Was a deeded lot of record as of August 1, 1983;

(ii) Is not precluded from development by any other federal, state or local requirements; and

(iii) Has an adjacent lot on each of its sides, along the length of the frontal dune, that contains a residential building that is located within 100 feet of the lot line and that existed on January 1, 2003; and

(d) Relocation of the residential building on the frontal dune is minimized to the extent practicable, as determined by the department.

(e) When approving reconstruction or relocation under this section, the Department may require sand dune mitigation and enhancement measures, including, but not limited to, restoring the dune topography and elevating the crest of the sand dune to at least one foot above the 100-year floodplain or wave run-up level and enhancing with native vegetation the portions of the lot that are not covered by buildings or parking areas.

C.Construction in V-Zone. No new structure or addition to an existing structure, including but not limited to vertical additions may be constructed in a V-zone except for ramps and elevators providing handicap access as outlined in Section 6(B)(3), open fences and fire escapes constructed on existing buildings or similar structures as required by local fire codes. A building in a V-Zone may only be reconstructed under Section 6(D) if it was involuntarily severely damaged by fire or some other force majeure not to include wave action from an ocean storm. If only a portion of a building is located in a V-Zone, this section applies to the portion of the building that is in the V-Zone.

D.Reconstruction of buildings not severely damaged by wave action from an ocean storm. Reconstruction of a building not severely damaged by wave action from an ocean storm must meet the following standards.

(1) The building must be moved back from the beach to the extent practicable, as determined by the department given setback requirements and site limitations. If it is not practicable to move the building farther back from the beach, then the building's footprint must be reconstructed in the same location or a location no farther seaward than the previously existing building.

(2) The area and dimensions of the footprint of the building may not exceed the area and dimensions of the footprint of the previously existing building when the building is reconstructed in the same location. The area of the footprint of the building may not exceed the area of the footprint of the previously existing building if the building is moved farther back from the beach.

(3) The height of the building may not exceed the height of the previously existing building unless the project proposes a vertical addition that meets all the requirements of Section 6(B) (4) or to elevate the building to meet the requirements of Section 6(G).

Nothing in this subsection prohibits the reconstruction of a porch that does not exceed the dimensions of the previously existing porch.

Note: An alternative option to rebuilding may be available in the form of funding from state and federal programs that acquire storm-damaged properties from willing sellers. Information on current programs may be obtained by contacting the Maine Emergency Management Agency.

E.Reconstruction of buildings severely damaged by wave action from an ocean storm. Buildings that are severely damaged by wave action from an ocean storm and that are being reconstructed must meet the standards outlined in subsections 1-5 below. A building may not be reconstructed more than once in accordance with this section if the building is located in a V-Zone. A building located outside a V-Zone may not be reconstructed more than once without complying with the standards outlined in Section 6(F).

(3) The height of the building may not exceed the height of the previously existing building except as necessary to elevate the building to meet the requirements of Section 6(G).

(4) If any part of the previously existing building was located in a V-Zone, then the building must be designed and configured to minimize or eliminate the building footprint's intrusion into the V-Zone to the extent practicable, as determined by the department given setbacks and site limitations.

(5) A severely damaged building located within the V-Zone that is reconstructed completely outside of the V-Zone pursuant to this section is eligible for further reconstructions pursuant to Section 6(F) after subsequent severe damage by wave action from an ocean storm, should it occur.

F.Reconstruction of buildings severely damaged by wave action from an ocean storm that have already been reconstructed once. Buildings in the frontal dune, but outside of the V-Zone that are severely damaged by wave action from an ocean storm must meet the following minimization and mitigation standards.

(1) The building must be moved back from the beach to the extent practicable, as determined by the department given setback requirements and site limitations. To determine whether the building is moved back to the extent practicable, the department may consider, but is not limited to:

(a) Whether the applicant has applied for a variance to reduce the setback required by the municipality; and

(b) Whether the applicant has attempted to buy additional land from abutters that would allow the building to be moved farther back.

(2) The total area to be covered by the footprint of the reconstructed building or buildings may not exceed 20% of the total area of the lot. Land area within the V-Zone may not be included as part of a lot for the purposes of this subsection. No more than 500 square feet of additional development may occur on the lot.

(3) The applicant must mitigate, to the extent practicable, for impacts to the coastal sand dune system caused by structures on the applicant's lot, as determined by the department. To determine whether the applicant has mitigated to the extent practicable, the department may consider, but is not limited to:

(a) Whether areas of the lot not covered by development are being restored to the lot's natural dune topography and planted with native vegetation.

(b) Whether an existing vertical seawall on the lot is being removed and replaced with a structure that would be less damaging to the coastal sand dune system, wildlife habitat and adjacent properties.

G.Sand and water movement. To allow for the movement of sand and water and future shoreline changes, all buildings modified or reconstructed pursuant to Sections 6(B)(4), 6(D), 6(E) or 6(F) and all new buildings constructed pursuant to Sections 6(B)(5), 7(C) or 9(A), except for detached buildings that are used as storage sheds, public bathhouses and garages, must have the lowest portion of the structural members of the lowest floor constructed on a post or piling foundation, and be elevated either 1) on undeveloped lots, three feet above the highest existing elevation, within the building's footprint; or, on developed lots, the highest natural elevation measured 5 feet from the corners of the existing building foundation; or 2) the elevation required in the local municipal floodplain ordinance, whichever elevation is higher when choosing between 1 or 2 above. The post or piling foundation may be enclosed with latticework or other similar material through which water, wind and sand can easily move.

Note: The department recommends that projects be constructed according to the Coastal Construction Manual, published by FEMA, which describes the best practices for residential construction in coastal areas, and which can be used to help create sustainable and livable coastal communities. The Coastal Construction Manual is available for review at Town Offices and regional department offices.

06-096 C.M.R. ch. 355, § 6