ELR Citation: ELR 20042
No(s). SAG-89-475 (Me. Jul 25, 1990)

The court holds that a rule adopted by the Maine Board of Environmental Protection that prohibits new construction on frontal sand dunes is consistent with the Maine Coastal Wetlands Act. The Act authorizes construction permits if the proposed activity will not unreasonably interfere with recreational or wildlife use or the dune system. A homeowner built an addition to her home without a permit from the Board. The Board denied her application for an after-the-fact permit and for a variance. The court holds that the Coastal Wetlands Act does not require a case-by-case review of each application. In adopting the rule, the Board properly found that no new construction in frontal dunes could satisfy the statutory criteria. The court also holds that three other rules adopted by the Board in denying a variance request do not violate the statute. These rules require an applicant for a variance to demonstrate that all other provisions of the sand dune rules will be met if the variance is granted, require projects to have a minimal impact on the immediate site and sand dune system, and prohibit projects that may reasonably be expected to be damaged within 100 years as a result of changes in the shoreline. The court holds that the Board was entitled to injunctive relief to require the homeowner to remove an addition built on sand dunes without a permit.

Counsel for Plaintiff
Peter J. Rubin
Bernstein, Shur, Sawyer & Nelson
100 Middle St., P.O. Box 9729, Portland ME 04101-5029

Counsel for Defendant
Dennis J. Harnis, Ass't Attorney General
Statehouse, Station 6, Augusta ME 04333
(207) 289-3501

Before McKUSICK, C.J. and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, HORNBY,^* and COLLINS, JJ.