RESOLVE Chapter 130

is authorized only if Chapter 355 is amended in that section

relating to new construction in frontal dunes and designated as

section 6, paragraph B, subparagraph (1) to provide that elevators,

in addition to ramps, that are required for compliance with the

requirements of the federal Americans with Disabilities Act are

exempt from the requirement that a new structure or addition to an

existing structure may not be constructed on or seaward of a

frontal dune. The rule must also be amended to provide that

elevators or ramps serving buildings required to comply with the

federal Americans with Disabilities Act must be designed and

constructed so as to minimize intrusion on the frontal dune,

including locating the structures to the rear of buildings or

within areas of a lot already developed, such as a parking area.

The Department of Environmental Protection is not required to hold

hearings or conduct other formal proceedings prior to finally

adopting this rule in accordance with this resolve; and be it

further

Sec. 2. Sand dune stakeholder meeting. Resolved: That the Commissioner of
Environmental Protection and the Commissioner of Conservation
shall convene a meeting of sand dune stakeholders by May 15, 2004
to consider the following issues:

1. A comprehensive statewide beach nourishment policy that
establishes priority areas and evaluates public and private
funding sources, implementation time frames and public access
easements;

2. Wildlife and wildlife habitat management in the sand dune
system;

3. A program for voluntary acquisition of storm-damaged
properties or properties for dune enhancement or public access;

4. Improved state coastal hazard mitigation plans to direct
federal spending;

5. Improved and increased public and private voluntary hazard
mitigation programs;

6. Reconstruction of buildings in the frontal dune and v-
zone;

7. Removal of the existing prohibition of the use of outdated
v-zone maps; and

8. Regulatory incentives to encourage construction or
reconstruction outside of the frontal dune; and be it further

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