Bill > LD2143

This bill modifies existing laws to make it easier for individuals and businesses to repair or rebuild docks, piers, wharves, and associated structures that have been significantly damaged by storms, particularly those used for commercial fishing or other "functionally dependent uses." A "functionally dependent use" is defined by federal regulations (44 Code of Federal Regulations, Section 59.1) as a use that cannot be located away from the coastal waters. Previously, to get a variance (an exception) from local building rules, property owners had to prove their land couldn't generate a reasonable profit without the variance. This bill removes that requirement for storm-damaged commercial fishing facilities, allowing variances if the structure was substantially damaged and is being rebuilt or replaced for a functionally dependent use, provided efforts are made to protect it from future flood damage. This change is intended to address the difficulties property owners faced in demonstrating financial hardship due to court interpretations that coastal access itself provided a reasonable return on land.

Housing and Urban Affairs

https://legislature.maine.gov/legis/bills/display_ps.asp?LD=2143&snum=132