Sec. 1. 38 MRSA §480-C, sub-§4 is enacted to read:

4.__Prohibited activities; no permits authorized.__ Notwithstanding subsections 1 and 2, the following activities are prohibited and permits for the activities may not be issued:

A.__Construction of new or enlargement of existing seawalls, bulkheads or similar structures on the coastal sand dune system.__Maintenance and repair are permitted as long as they are conducted on the applicant's property and rocks, if used, are placed no more seaward than the existing seawall, except as permitted in section 480-O;

B.__Reconstruction or replacement of buildings that are damaged by more than 50% and are located in the coastal sand dune system, if the damage was caused by wave action due to an ocean storm;

C.__Maintenance and repair of a structure located in the coastal sand dune system when the cost, including the value of labor and materials, is equivalent to or exceeds 50% of the structure's assessed value; and

D.__Construction of new buildings in the frontal dune.

Sec. 2. 38 MRSA §480-W, sub-§1, as enacted by PL 1995, c. 230, §1, is amended to read:

1. Protective materials. Place riprap, sandbags or other heavy nonhazardous material to shore up the threatened structure and replace, repair or leave the materials in place until a project designed to alleviate the threat is certified by the department and by the local code enforcement officer, and that project requires removal of the material.__Protective materials must be placed on the landowner's property and may not be placed in a position more seaward than the existing structure; and

Sec. 3. 38 MRSA §480-W, as enacted by PL 1995, c. 230, §1, is amended by adding a new paragraph at the end to read:

Nothing in this section may be construed to allow construction of new or enlargement of existing seawalls, bulkheads or similar structures as prohibited by section 480- C, subsection 4, paragraph A.

Sec. 4. 38 MRSA §480-AA is enacted to read:

§480-AA.__Variance for activities in coastal sand dune system