LD 1276
pg. 4
Page 3 of 16 An Act To Amend the Sand Dune Laws Page 5 of 16
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LR 349
Item 1

 
fill.__In areas where smaller ridges of sand are forming in
front of an established dune ridge, the frontal dune may include
more than one ridge.

 
Sec. 5. 38 MRSA §480-B, sub-§§5-B to 5-D are enacted to read:

 
5-B.__Lot.__"Lot" means all contiguous areas under a single
ownership constituting a piece of land measured and marked by
metes and bounds descriptions or by some other approved
surveying technique.

 
5-C.__Maintenance and repair.__"Maintenance and repair"
means work done to less than 50% of a structure to prevent
decline, to hold or preserve it in an existing state or
condition or to restore it to sound condition after damage or
decay.

 
5-D.__National Geodetic Vertical Datum or NGVD.__"National
Geodetic Vertical Datum" or "NGVD" means the base elevation
point from which land measurements are derived.

 
Sec. 6. 38 MRSA §480-B, sub-§§6-A to 6-C are enacted to read:

 
6-A.__Ocean storm.__"Ocean storm" means a low-pressure
system often accompanied by flooding or erosion of the coastal
sand dune system.

 
6-B.__Open fence.__"Open fence" means a fence through which
water, wind and sand can easily move.

 
6-C.__Overwash.__"Overwash" means the deposit left after a
highwater pulse over tops or breaches the dune line of a
barrier beach.

 
Sec. 7. 38 MRSA §480-B, sub-§7, as amended by PL 1999, c. 243, §11,
is repealed and the following enacted in its place:

 
7.__Permanent structure.__"Permanent structure" means any
structure constructed or erected with a fixed location or
attached to a structure with a fixed location for a period
exceeding 7 months each year.__"Permanent structure" includes,
but is not limited to: causeways, piers, docks, concrete
slabs, piles, marinas, retaining walls, buildings, swimming
pools, fences, seawalls, roads, driveways, parking areas and
walkways.__Natural features, such as frontal dunes, are not
considered permanent structures.__For the purposes of this
article the following are not considered to be permanent
structures:

 
A.__Open decks that do not exceed a total of 200 square feet
that are supported by posts and are elevated at least 3


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