Article 5-A: NATURAL RESOURCES PROTECTION ACT HEADING: PL 1987, C. 809, §2 (NEW); 2007, C. 290,
§480-W. Emergency actions to protect threatened property
2005, c. 548, §2 (RP)
2.Strengthening of structure.
2005, c. 548, §2 (RP)
3.Emergency action exemption.
Notwithstanding section 480-C, if the local code enforcement officer, a state-licensed
professional engineer or a state-certified geologist determines that the integrity
of a seawall, bulkhead, retaining wall or similar structure in a coastal sand dune
system is destroyed or threatened, the owner of property protected by the seawall,
bulkhead, retaining wall or similar structure may perform or cause to be performed
the following activities without obtaining a permit under this article:
A. Place riprap, sandbags or other heavy nonhazardous material to shore up the threatened
structure and leave the material in place until a project designed to repair or replace
the structure is permitted by the department. After such emergency action is taken
and within 5 working days after the imminent threat, the property owner must provide
written notice to the department of the date the emergency action was taken and a
description of the emergency action taken. Within 6 months following placement of
any material pursuant to this paragraph, the property owner must submit to the department
an application to repair or replace the structure. The material placed pursuant to
this paragraph must be removed within 18 months from the date a permit is issued by
the department; or [2005, c. 548, §2 (NEW).]
B. Make permanent repairs, to the extent necessary to alleviate the threat, to strengthen
the seawall, bulkhead, retaining wall or other structure, to widen the footings or
to secure the structure to the sand with tie-back anchors. A state-certified geologist,
state-licensed professional engineer or other qualified professional must make the
determination that the actions taken by the property owner in accordance with this
section are only those actions necessary to alleviate the imminent threat and do not
include increasing the height or length of the structure. [2005, c. 548, §2 (NEW).]
If a local code enforcement officer, state-licensed professional engineer or state-certified
geologist fails to determine within 6 hours of initial contact by the property owner
whether the integrity of a structure is destroyed or threatened, the property owner
may proceed as if the local code enforcement officer, state-licensed professional
engineer or state-certified geologist had determined that the integrity of the structure
was destroyed or threatened.
2005, c. 548, §2 (NEW)
4.Replacement after emergency action under permit by rule.
Notwithstanding any other provision of this chapter, the department shall approve
a permit by rule to repair or replace a seawall, bulkhead, retaining wall or similar
structure that has been destroyed or threatened with a structure that is identical
in all dimensions and location as long as a property owner files a completed permit-by-rule
notification for the repair or replacement of the structure and the following standards
A. During project construction, disturbance of dune vegetation must be avoided and
native vegetation must be retained on the lot to the maximum extent possible. Any
areas of dune vegetation that are disturbed must be restored as quickly as possible.
Dune vegetation includes, but is not limited to, American beach grass, rugosa rose,
bayberry, beach pea, beach heather and pitch pine. [2005, c. 548, §2 (NEW).]
B. Sand may not be moved seaward of the frontal dune between April 1st and September
1st unless the owner has obtained written approval from the Department of Inland Fisheries
and Wildlife. [2005, c. 548, §2 (NEW).]
C. The replacement of a seawall may not increase the height, length or thickness of
the seawall beyond that which legally existed within the 24 months prior to the submission
of the permit-by-rule notification. The replaced seawall may not be significantly
different in construction from the one that previously existed. [2005, c. 548, §2 (NEW).]
2005, c. 548, §2 (NEW)
1995, c. 230, §1 (NEW).
2005, c. 548, §2 (AMD).
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