Good News!  The Natural Resources Committee of the Maine Legislature has unanimously approved the Sand Dune Rules as adopted by the BEP last June which allows rebuilding and maintenance and repairs of properties on the frontal and back dune as long as the buildings are flood proofed and elevated.

The committee rejected attempts by Maine Audubon to go back to the old rules and recommendations by the state environmental departments who wanted to amend the BEP rules to limit some rebuilding and impose other restrictions. What has come out of  this marathon 3 week process is an agreement from both sides of the issue to sit down and discuss further issues and concerns that both sides have which will include a state wide beach nourishment program that we were pushing.

It is clear that our efforts worked at getting the administration to agree with us that proactive beach nourishment, flood mitigation projects such as dune restoration and beach management are the keys to future resource protection not the "retreat from the shore" policy advocated by the environmental groups.  Look for our spring newsletter for a full detailed account.  For now at least we won!!!!!!

 Sincerely,
 Bob Foley
 SOS-Maine
 Government Affairs and Public Policy Chair


We have just gotten word that the bill regarding the version the Sand Dune Rules approved by the BEP last June, LD1849, will be heard at a public hearing before the Natural Resources Committee at 2:00 PM on Tuesday, March 2nd followed by a workshop at 2:00 PM on Thursday,
March 4th. We have also heard that there may be an attempt to amend the approved rules by the environmentalists who are opposed to the rules as adopted. Maine Audubon, Maine Geologic Survey and the Dept.of Conservation are focusing their collective opposition on the rebuilding provision of the new rules.  It is important that we show up to the meeting in support of the adopted rules. While they are not perfect and nobody got everything they wanted, the current rules are far better that the ones initially presented at the August 2002 public hearing in Wells.

 If you cannot attend the hearings you can email comments to all the committee members through the clerk at Elizabeth.Reinheimer@legislature.maine.gov. Our concerns should reference the unfairness of the State for not allowing people to rebuild their homes if changes are made to the current rules.  While we didn't get everything we had wanted, we should support the adopted rules and the public hearing process that the BEP went through.  The adopted rules are the result of give and take on both sides and are the fairest compromise the BEP could achieve.

Please make your voice heard on these important rules.

Bob Foley, Chair
overnment Affairs Committee

SOS is preparing for a public hearing before the Natural Resources Committee in Augusta in late February. We will announce the date as soon as it has been set. This will again be a hearing on the proposed changes to the Sand Dune Rules. We will have representatives to speak in favor of these changes. We encourage you to attend or forward comments to the Natural Resources Committee. Complete information will be posted as soon as we are notified.

The following is from a list of 12 gifts from Mainers in the Down East Magazine, January, 2004. We don't think that support of the old Sand Dune Rules is a "wicked good idea" for homeowners or the State of Maine.

Read the article and Bill Gallagher's response to it. Down East has not published his letter to date. What do you think? We would love to hear from you and would encourage you to send comments to: editorial@downeast.com

                                                                                             ARTICLE


Maine didn't invent the concept of regulating oceanfront construction to preserve beaches, wetlands, and dunes. But Maine was the first state to give its zoning rules teeth when it enacted its strict Sand Dune Law in 1988; by prohibiting beach properties from being rebuilt time and again after damaging storms, it saved the taxpayers from funding foolhardy construction while at the same time protecting the coast from erosion.


                                                                                            RESPONSE

I was dismayed and disheartened to see that such a fine magazine as Down East would choose Shoreland Zoning as one of the 12 Gifts from Maine.  As you may or may not know, this has become a very sensitive and politically charged issue as revised sand dune rules are currently being reviewed by the state,  if Down East has chosen to take sides, it should say so but a few corrections are in order.

First check the facts. I don't believe any property on the coast of Maine has been rebuilt "time and again."  More importantly, you are absolutely incorrect to state that taxpayers are funding "foolhardy construction." Federal flood insurance, while overseen by the government, is 100%  funded by its policyholders - those taxpayers who choose to participate and pay premiums to  support it. In fact the program would not exist without oceanfront participation as this segment is a net contributor of funds due to a low loss rate while properties abutting inland flood plains (such as
rivers)  are net receivers of funds.

If subjugating business and property owners' constitutional rights while dismantling a much needed federal program is a gift from Maine then our state must have very little to be proud of.

H. William Gallagher
Wells, Maine