A.__Reconstruction or replacement of a building located in a V-zone, as described in section 480-E, subsection 9, due to involuntary destruction by fire or other cause, except for an ocean storm; or

B.__Height restrictions for new structures or additions to existing structures for the purpose of raising an existing building above the flood elevation, provided the increase in height is no more than the minimum necessary to meet flooding requirements.

2.__Requirements.__In order to obtain a variance, the applicant must demonstrate, by clear and convincing evidence, that:

A.__There is no feasible alternative to the proposed variance;

B.__Because of unusual design characteristics or site conditions, the project will be consistent with the intent of the board;

C.__If the variance is granted, the project will not cause harm to real or personal property not owned by the applicant; and

D.__Even if the proposed variance is granted, all other statutory criteria set forth in section 480-D will be met.

SUMMARY

This bill prohibits seawall construction and enlargement; prohibits reconstruction of buildings in the sand dune system damaged by more than 50% by a storm; prohibits construction of new buildings in the frontal dune; and authorizes the Board of Environmental Protection to grant variances from sand supply standards.