LD 1276
pg. 9
Page 8 of 16 An Act To Amend the Sand Dune Laws Page 10 of 16
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LR 349
Item 1

 
5.__Seawalls.__A new seawall may not be constructed.__An
existing seawall may not be expanded or replaced except as
provided under department rule.

 
6.__Designated essential habitat and significant wildlife
habitat.__A project may not unreasonably harm designated
essential habitat or significant wildlife habitat within the
coastal sand dune system.__ A project located partially or
wholly within an area designated as essential habitat must
obtain an essential habitat evaluation from the Department of
Inland Fisheries and Wildlife.

 
7.__Fences.__To allow for the movement of sand and water, a
closed fence may not be placed in any A-zone, B-zone, V-zone
or X-zone.

 
8.__Legal access.__A project may not unreasonably interfere
with legal access to or use of public resources.

 
9.__Restoration of disturbed areas.__All areas disturbed in
violation of subsection 3 must be returned to their original
condition within one year after completion of construction.

 
§480-BB.__Standards for frontal dune projects

 
1.__General standards.__Each frontal dune project must meet
the standards for all projects listed in section 480-AA.

 
2.__New construction on frontal dunes.__A new structure or
addition to an existing structure may not be constructed on or
seaward of a frontal dune with the exception of the following:

 
A.__An elevated boardwalk constructed perpendicular to the
beach face, open fences, walkways and driveways;

 
B.__A fire escape constructed on an existing building or
structure as required by local fire codes;

 
C.__A ramp that is required for compliance with the
requirements of the Americans with Disabilities Act, as
long as the building served by the ramp meets those
requirements, and a public ramp providing access to a
beach;

 
D.__The construction of vertical building additions and
the addition of dormers as long as:

 
(1)__The addition does not extend horizontally beyond
the footprint covered by the existing building;


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