Section 096-355-8 - Standards for beach nourishment projectsA.Beach nourishment material. Only material that has texture and color characteristics consistent with the natural beach material's texture and color characteristics, and that has a similar particle size may be utilized for beach nourishment, unless a different grain size is more compatible with the natural sand dune system. Material for beach nourishment may be obtained from, but is not limited to, the following sources. The first two listed sources of material are presumed to be preferable to the third listed source of material. (1) Beneficial reuse of material dredged from Maine's federal channels and harbors by the United States Army Corps of Engineers (ACOE);(2) Material excavated from upland sources; and(3) Material dredged from near shore and offshore waters provided that the dredging complies with the standards in Chapter 310, Wetlands and Waterbodies Protection Rules and 38 M.R.S.A. §§480-A to 480-Z.B.Beach area profile. The profile of the new nourished beach area must be compatible with the elevation, width, slope and shape of any adjacent beach and sand dune, or other natural beach profile to the extent practicable.C.Timing restriction. The department may restrict the time of year during which material for a beach nourishment project may be placed on the beach to minimize impacts on existing wildlife habitat.D.Monitoring. To ensure that the beach nourishment project does not have an unreasonable adverse impact on the coastal sand dune system, the coastal wetland on or adjacent to the project site and wildlife habitat, the department may require pre-construction monitoring to establish a baseline and post-construction monitoring after project completion.E.Public access and no development. If beach nourishment is funded, in whole or in part with State funds, the portions of the beach nourished with State funds must be placed either into permanent public ownership or under legally binding agreements, such as but not limited to easements that preclude any development and that allow public access for recreational activities. This section does not apply to use of dredged material from projects conducted by the Army Corps of Engineers.F.Wildlife habitat management. Owners of property on a beach that will be nourished must agree to enter a legally binding agreement, such as but not limited to an easement, concerning the property that allows for the management of significant wildlife habitat on the beach portion of their property.06-096 C.M.R. ch. 355, § 8