An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in
Maine Legislature, Session 132, LD 0228
Sponsors: FOLEY, BAILEY
Amends: 38 MRSA §480-E, 38 MRSA §480-W

Legislative Document
No. 228
H.P. 151
House of Representatives, January 21, 2025
An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in 
Order to Accommodate Predicted Sea Level Rise
(EMERGENCY)
Received by the Clerk of the House on January 16, 2025.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative FOLEY of Wells.
Cosponsored by Senator BAILEY of York and
Representatives: BLIER of Buxton, CAMPBELL of Orrington, GRAMLICH of Old Orchard 
Beach, MASON of Lisbon, SOBOLESKI of Phillips, Senator: MARTIN of Oxford.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State in 2023 and 2024 experienced multiple significant storm events 
causing widespread and devastating floods and damaging public and private infrastructure 
across the State with particular impact along the coast, which experienced historically high 
and dangerous tides; and
Whereas, with an ever-increasing frequency of such storm events and a projected rise 
in sea levels and the associated risks to persons, property and resources, the citizens of the 
State must be able to enhance the resilience of public and private infrastructure to the 
effects of these storms; and
Whereas, the changes to the Natural Resources Protection Act proposed in this 
legislation must take effect immediately to facilitate the timely development of certain 
coastal resiliency projects; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-E, sub-§19 is enacted to read:
19.  Height increase of existing seawall in coastal sand dune system.  
Notwithstanding any provision of this article or department rule to the contrary, the 
department may authorize a one-time increase in the height of a seawall or similar structure 
in a coastal sand dune system through a permit or permit by rule under this article if:
A.  The seawall is in existence on January 1, 2025;
B.  The height of the seawall is increased by no more than 2 feet; and
C.  The height increase of the seawall otherwise meets all applicable requirements 
adopted by the department by rule.
The department may adopt rules establishing standards for height increases of seawalls in 
accordance with this subsection.
Sec. 2.  38 MRSA §480-W, sub-§4, as enacted by PL 2005, c. 548, §2, is amended 
to read:
4.  Replacement after emergency action under permit by rule.  Notwithstanding 
any other provision of this chapter, the department shall approve a permit by rule to repair 
or replace a seawall, bulkhead, retaining wall or similar structure that has been destroyed 
or threatened with a structure that, except as provided in paragraph C, is identical in all 
dimensions and location as long as a property owner files a completed permit-by-rule 
notification for the repair or replacement of the structure and the following standards are 
met:.
A.  During project construction, disturbance of dune vegetation must be avoided and 
native vegetation must be retained on the lot to the maximum extent possible.  Any 
areas of dune vegetation that are disturbed must be restored as quickly as possible.  
Dune vegetation includes, but is not limited to, American beach grass, rugosa rose, 
bayberry, beach pea, beach heather and pitch pine.
B.  Sand may not be moved seaward of the frontal dune between April 1st and 
September 1st unless the owner has obtained written approval from the Department of 
Inland Fisheries and Wildlife.
C.  The replacement of a seawall may not increase the height, length or thickness of 
the seawall beyond that which legally existed within the 24 months prior to the 
submission of the permit-by-rule notification but may increase the height of the seawall 
by no more than 2 feet.  The replaced seawall may not be significantly different in 
construction from the one that previously existed.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends the Natural Resources Protection Act to authorize the Department of 
Environmental Protection to approve a permit or permit by rule for a one-time increase in 
the height of a seawall or similar structure in a coastal sand dune system, as long as the 
seawall is in existence on January 1, 2025, the height of the seawall is increased by no more 
than 2 feet and the seawall otherwise meets all applicable requirements adopted by the 
department by rule.  The bill provides a similar allowance for a 2-foot height increase where 
a seawall has been destroyed or threatened and is replaced after emergency action.