Maine Revised Statutes
Article 5-A: NATURAL RESOURCES PROTECTION ACT
38 §480-O. Bulkheads and retaining walls on Scarborough River; permit requirements

§480-O. Bulkheads and retaining walls on Scarborough River; permit requirements
Nothing in this article prohibits the rebuilding, replacement or new construction of a bulkhead, retaining wall or similar structure, provided that the applicant for a permit demonstrates to the department or municipality, as appropriate, that the following conditions are met.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §81 (AMD).]
1.  Location.  The bulkhead or similar structure to be constructed, rebuilt or replaced is located along some or all of the north-northeasterly property lines of land abutting the Scarborough River from the jetty to the Scarborough town landing.  
[PL 1987, c. 809, §2 (NEW).]
2.  Termination.  The terminus of any bulkhead or similar structure, including any wing wall, unless connected to another bulkhead or similar structure, shall terminate at least 25 feet from any abutting property.  
[PL 1987, c. 809, §2 (NEW).]
Any permit issued under this section for a bulkhead or similar structure that is not connected at both ends to another bulkhead or similar structure is subject to only the standard conditions applicable to all permits granted under this article as well as the following conditions. The permit applicant or applicants are responsible for reasonably maintaining the bulkhead or similar structure and for repairing damage to the frontal sand dune that occurs between the end of the bulkhead or similar structure and the Scarborough town landing and that is caused by the existence of the bulkhead or similar structure. The applicant or applicants shall submit a report prepared by a state-licensed geologist to the commissioner every 2nd year following issuance of the permit or until such time as the commissioner determines the report need not be filed or may be filed at longer intervals. The report must describe the status of the frontal sand dune between the end of the bulkhead or similar structure and the Scarborough town landing and contain whatever recommendations the geologist determines are reasonably required to maintain the frontal sand dune in that area. The applicant or applicants shall follow the recommendations.   [PL 2019, c. 285, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 809, §2 (NEW). PL 1989, c. 890, §§A40,B81 (AMD). PL 2019, c. 285, §15 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 38: WATERS AND NAVIGATION

Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS

Subchapter 1: ENVIRONMENTAL PROTECTION BOARD

Article 5-A: NATURAL RESOURCES PROTECTION ACT

38 §480-A. Findings; purpose; short title

38 §480-B. Definitions

38 §480-C. Prohibitions

38 §480-D. Standards

38 §480-E. Permit processing requirements

38 §480-E-1. Delegation of permit-granting authority to Maine Land Use Planning Commission

38 §480-E-2. Delegation of review authority to the Department of Health and Human Services or to a community public water system

38 §480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry

38 §480-F. Delegation of permit-granting authority to municipality; home rule

38 §480-G. Periodic review of delegated authority

38 §480-H. Rules; performance and use standards

38 §480-I. Identification of freshwater wetlands and fragile mountain areas

38 §480-J. Maps

38 §480-K. Data bank

38 §480-L. Research

38 §480-M. Funds

38 §480-N. Lake Restoration and Protection Fund

38 §480-O. Bulkheads and retaining walls on Scarborough River; permit requirements

38 §480-P. Special protection for outstanding river segments

38 §480-Q. Activities for which a permit is not required

38 §480-R. Violations; enforcement

38 §480-S. Fee for significant wildlife habitat review

38 §480-T. Transportation improvements (REPEALED)

38 §480-U. Cranberry cultivation

38 §480-V. Applicability

38 §480-W. Emergency actions to protect threatened property

38 §480-X. Alterations of freshwater wetlands

38 §480-Y. Creation of agricultural irrigation ponds

38 §480-Z. Compensation

38 §480-AA. Coastal sand dune rules

38 §480-BB. Significant wildlife habitat; major substantive rules

38 §480-CC. Significant wildlife habitat; shorebird feeding and roosting areas

38 §480-DD. Significant wildlife habitat criteria; reduction in certain significant wildlife habitats due to development or topography

38 §480-EE. Significant wildlife habitat criteria; inland open water

38 §480-FF. Notification of identification; shorebird nesting, feeding and staging areas

38 §480-GG. High and moderate value inland waterfowl and wading bird habitat and excavations and quarries authorized pursuant to article 6, 7 or 8-A

38 §480-HH. General permit for offshore wind energy demonstration project

38 §480-II. Small-scale wind energy development; permit requirements

38 §480-JJ. Program to reduce erosion and protect lake water quality (REALLOCATED FROM TITLE 38, SECTION 480-II)