State environmental regulators have approved a rule change that will make it easier for communities to rebuild sand dunes that were flattened by the twin storms that battered Maine’s coast in early January.
The new emergency rule approved by the state Board of Environmental Protection on Thursday will fast-track the process for coastal towns and cities looking to use biodegradable materials to shore up the natural barriers that can protect homes and infrastructure from storms.
It’s one of several efforts that state policymakers and regulators are taking in response to the devastating storms that hit the state in December and January.
Lawmakers have also advanced a separate emergency proposal from the Maine Department of Environmental Protection that would expedite the repair of flood-damaged structures. And Gov. Janet Mills and lawmakers have collectively proposed more than $100 million in new spending on relief and adaptation programs.
The new rule passed on Thursday, which was proposed by Maine DEP, will allow those looking to rebuild dunes using biodegradable materials to skip the full permitting process under Maine’s Natural Resources Protection Act and instead get expedited approval through what’s known as a permit by rule that takes effect after two weeks.
Biodegradable materials that could be used to rebuild dunes, according to the rule, include compostable fabrics, logs made of jute or coconut fibers, gravel, cobble, and discarded holiday trees, which are already being used to rebuild dunes on Popham Beach.
The new rule will expire after 90 days and is similar to a state law that was passed last year to simplify the permitting for dune restoration projects with biodegradable materials, but that is still a few weeks away from being fully implemented.
Though dunes — which make up about 2 percent of Maine’s coast — can begin to repair themselves during the summer, winter storm season isn’t over yet, and the change is meant to give coastal communities an easier way to rebuild them before the next storm hits.
One of the communities scrambling to repair its flattened dunes is Wells, which lost 400 feet of dunes in the last two storms, Selectman Robert Foley told the board. Foley asked that the new rule be expanded to include dredged sand and nonbiodegradable materials such as metal screws.
“It was the first time in 42 years that I’ve seen the water from the ocean as angry and as vicious as this was. And it was back to back,” Foley said at the meeting, recalling the damage from the January storms. “Quite frankly, as a town and as a state, we need to pay attention. This was a wake up call.”
While the board allowed for dredged sand in the final version of the emergency rule, Foley wasn’t able to convince them to include nonbiodegradable materials — which are also excluded from the state law that passed last year.
Though metal screws could help hold down the logs used to rebuild dunes, nonbiodegradable materials such as metal and plastic could eventually be exposed and harm birds and other wildlife that make the dunes their home, Maine Audubon policy advocate Francesca Gundrum told the board.
The emergency rule passed on Thursday also eliminates a restriction on restoring dunes in the same location just once a year. There are no clear benefits to that restriction, Maine DEP staff said in a memo, and lifting it will allow communities to better prepare for storms ahead.
