LD 1276
pg. 15
Page 14 of 16 An Act To Amend the Sand Dune Laws Page 16 of 16
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LR 349
Item 1

 
(1)__The hardship is not the result of action taken
by the applicant or a prior owner; and

 
(2)__There are no practicable measures or
alternatives that would allow the project to proceed
in compliance with section 480-BB, subsection 5.__The
applicant must demonstrate that the applicant has
explored all alternatives that would allow the
project to proceed in compliance with section 480-BB,
subsection 5 and must explain to the satisfaction of
the department why each such alternative is
unavailable or unreasonable.

 
§480-EE.__Standard conditions of permits

 
The following standard conditions apply to any permits
granted under this article unless the permit specifically
states otherwise.

 
1.__Shoreline recession.__If the shoreline recedes so that a
coastal wetland, as defined under section 480-B, subsection 2,
extends to any part of the structure, including support posts
but excluding seawalls, for a period of 6 months or more, then
the approved structure along with appurtenant facilities must
be removed and the site must be restored to natural conditions
within one year.

 
2.__Removing debris.__Any debris or other remains from
damaged structures on the property must be removed from the
coastal sand dune system.

 
3.__Natural dune vegetation.__The permit holder shall
restore any disturbed areas of natural dune vegetation as
quickly as possible.

 
4.__Approval of variations from plans.__The granting of a
permit is dependent upon and limited to the proposals and
plans contained in the application and supporting documents
submitted by the applicant.__Any variation from these plans,
proposals and supporting documents is subject to review and
approval prior to implementation.

 
5.__Compliance with all applicable laws.__The permit holder
shall secure and comply with all applicable federal, state and
local licenses, permits, authorizations, conditions,
agreements and orders prior to or during construction and
operation, as appropriate.

 
6.__Compliance with all permit terms and conditions.__The
permit holder shall submit all reports and information
requested by the department, demonstrating that the applicant
has complied


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