PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Allow Year-round Placement of Cobble-trapping Fences behind Established Seawalls
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-II  is enacted to read:
§ 480-II. Cobble-trapping fence in a coastal sand dune system
This section applies to the placement of a cobble-trapping fence in a coastal sand dune system.
 
1.  Definitions.     As used in this section, the following terms have the following meanings.
 
A.  "Cobble" means a rock that is smaller than a boulder and larger than gravel.
 
B.  "Cobble-trapping fence" means a fence that is designed to prevent cobbles from passing through it.
 
2.  Permit.     Notwithstanding anything to the contrary in this article, the department may issue a permit to an owner of property in a coastal sand dune system to construct, repair or replace a year-round cobble-trapping fence landward of an existing seawall in a developed area if:
 
A.  The property is adjacent to a beach with gravel and cobble sediment and has a developed area, such as a lawn, between a building on the property and the beach; and
 
B.  The fence:
 
(1) Is not located on a naturally vegetated frontal dune;
 
(2) Is located seaward of the foundation of a building on the property and is no more than 15 feet in front of the building;
 
(3) On either side, does not extend more than 2 feet beyond the foundation of a building on the property;
 
(4) Does not consist of more than one row of fencing;
 
(5) Does not have openings smaller than 2 inches square;
 
(6) Is not higher than 4 feet above grade; and
 
(7) Is not supported by a permanent, continuous footing.
 
A cobble-trapping fence may be supported by permanent, small subsurface pipes or similar emplacements. Cobbles and sediment trapped by a cobble-trapping fence may be removed and placed immediately seaward of a frontal dune or seawall on the property.
 
SUMMARY
This bill authorizes the use of cobble-trapping fences on a year-round basis and sets conditions on their use.