Action Examples: Natural Resources Protection Act, Maine
Introduction:
Erosion has reduced the recreational and economic value of beaches and caused considerable damage to coastal properties in Maine. Because of sea-level rise and the landward migration of the ocean, the State enacted the Natural Resources Protection Act in 1988. The act requires anyone wishing to construct or change a structure within a protected natural resource area, or land adjacent to water or a wetland, to obtain a permit (at a fee of $50) and maintain a 25-foot buffer between the project area and the protected land.
Analysis:
The state of Maine concluded that “hard structures” such as groins, jetties, breakwaters, seawalls, and dune development prevent the beach and ocean’s natural migration/adaptation process and therefore have a negative impact on the coast. The State also concluded that sea level is rising, which will increase the rate of shoreline erosion and flooding and the risk of damage to coastal property.
To protect and enhance Maine’s coastal resources, (while simultaneously preventing any unreasonable impact, degradation or destruction of these resources), the Natural Resources Protection Act prohibits construction of “hard structures” as well as new development in frontal dune areas adjacent to the beach. The Act also requires that a 25-foot buffer be maintained between the site of any activity and protected waterways.
Because it is often not practical to move structures in areas expected to be affected by a rise in sea level, the Act prohibits construction of large buildings in such areas unless there is evidence that the site will be stable after a 3-foot sea-level rise. The Act directs the overseeing Board to consider future sea-level rise in determining the density, location and size of structures.
The State anticipates that enforcement of the Natural Resources Protection Act will protect the natural supply and movement of sand, will prevent creation of new flood hazard areas and stabilize the beach. In turn, this is expected to prevent further erosion and loss of recreational and economic value.
Sources:
- Maine DEP: Natural Resources Protection Act (NRPA)
- Maine DEP: Issue Profile Natural Resources Protection Act (NRPA)
- Maine DEP: Issue Profile-Wetland Rules (NRPA)
Photo credits:
- Maine 's Coastal Wetlands, Volume One
- Maine DEP: Maine’s Wetlands
- Maine DEP: Estuaries and Coastal Waters
- Maine DEP: Natural Resources Protection Act (NRPA)
*All website references were accessed in April 2005.
