An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted
Maine Legislature, Session 132, LD 0228
Committee Amendment CA_A_H164 (House)
Amends: 38 MRSA §480-E, 38 MRSA §480-W

COivIMITTEEAMENDMENT"A "toH.P.151, L.D. 228, "AnActtoAllowCoastal 
Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted Sea Level Rise" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1 .. 38 MRSA §480-E, sub-§15, as enacted by PL 2023, c. 97, §1, is amended 
to read: 
15. Coastal sand dune system restoration projects; stabilization materials. The 
department may authorize through a perrilit or a permit by rule under this article a coastal 
sand dune system restoration project that uses allowable stabilization materials for the 
planting of native dune vegetation as long as the project meets the requirements of this 
subsection and satisfies all other applicable requirements for the permit or permit by rule. 
A. Allowable stabilization materials may be used or placed only above the highest 
annual tide as measured at the time the project construction begins. Allowable 
stabilization materials may be used or placed in high-velocity zones, or V-Zones, as 
identified by the United States Department of Homeland Security, Federal Emergency 
Management Agency in effective flood insurance rate maps under the National Flood 
I 
Insurance Program. 
B. The slope of the constructed dune may not be steeper than the slope of the existing 
dune in which the allowable stabilization materials are used or placed, except where 
the constructed dune is placed on, or on the landward.side of. an existing seawall. 
·c. Allowable stabilization materials must be used or placed in a manner designed to 
encourage the revegetation of the dune with native dune vegetation and. except where 
the constructed dune is placed on, or on the landward side of. an existing seawall. must 
remain covered with sand and native dune vegetation throughout and upon completion 
of the project. 
D. Allowable stabilization materials containing or using gravel or cobble may be used 
or placed only in a dune primarily composed of gravel or cobble or directly adjacent to 
a beach that is primarily gravel or cobble. Placement of allowable stabilization 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to H.P. 151, L.D. 228 
materials containing or using gravel or cobble must involve the use of gravel or cobble 
from the dune system or beach or gravel or cobble of a similar texture and color of the 
gravel or cobble of the dune system or· beach. 
E. A Except as provided in paragraph F, a project that will use or place stakes, anchors 
or cables made from metal or other nonbiodegradable materials or fabrics, blankets or 
other stabilization materials made from polylactic acid polymers is not eligible for a 
permit by rule but may be issued a permit under this article. 
F. A project that will use or place stakes, anchors or cables made from metal, whether 
alone or in conjunction with allowable stabilization materials, is eligible for a permit 
by rule under this article and in accordance with the requirements of this subsection 
only if the project is constructed on, or on the landward side of, an existing seawall. 
The use or placement of allowable stabilization materials within a coastal sand dune system 
in accordance with a permit or a pe1mit by rule authorized by the department pursuant to 
this subsection is not considered a permanent structure under this article. 
For the purposes of this subsection, "allowable stabilization materials" means natural, 
plant-based biodegradable or compostable fabrics, erosion control blankets, logs or rolls 
made from coir, jute, straw, polylactic acid polymers or other similar materials, including 
materials that contain or use gravel. or cobble, discarded holiday trees, other trees fallen or 
washed up in proximity to the site and stakes, anchors or cables used to secure those 
materials. For the purposes of this subsection, "native dune vegetation" means dune plant 
species typically adapted to coastal sand dune systems in the State, including, but not 
limited to, American beach grass, Rosa virginiana, bayberry, beach pea, beach heather and 
pitch pine. For the pmposes of this subsection, "existing seawall" means a seawall that 
legally existed on January 1, 2025. 
Sec. 2. 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 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 under this article if the following conditions are met. 
A. The seawall legally existed on January 1, 2025 and the lot or parcel that contains 
the seawall: 
(1) Is no larger than 15,000 square feet and contains a residential dwelling that 
legally existed on or was legally reconstructed after January 1, 2025: 
(2) Is no larger than 25,000 square feet and contains a commercial building that 
legally existed on or was legally reconstructed after January 1, 2025; or 
(3) Contains a road that legally existed on or was legally reconstructed after 
January 1, 2025. 
B. The residential·dwelling, commercial building or road on the lot or parcel that 
contains the seawall, as identified pursuant to paragraph A, is located within 25 feet, 
horizontal distance, of the landward side of the seawall, or the lot or parcel abuts one 
or more lots or parcels along the same shoreline that each contain seawalls that have 
been or are permitted to be increased in height pursuant to this subsection. 
COMMITTEE AMENDMENT 
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COM1v11ITEE AMENDMENT "A' to H.P. 151, L.D. 228 
C. A sand dune located seaward of the seawall that remains dry during the highest 
astronomical tide plus 1.5 feet of sea level rise: 
(I) Does not exist at the time of application; and 
(2) As determined by the department, cannot be created -through restoration, 
reconstruction or construction activities in accordance with the department's permit 
by rule standards. 
D. The height of the seawall is increased by no more than 2 feet, as long as: 
(1) The height of the seawall, after the increase, is not more than one foot above 
the base flood elevation; and 
(2) The dimensions of the seawall are not otherwise modified. 
The applicant may add sand, cobble or allowable stabilization materials on the 
landward side of the seawall to provide structural stability for the increase in the height 
of the seawall. 
E. The applicant must agree to mitigate, through beach nourishment or other activities 
directed by the department, any increased scouring or erosion on the seaward side of 
the seawa'll that may result from the seawall height increase. 
• 
F. If there is sufficient space, a:s determined by the department, between the seawall 
and the residential dwelling, commercial building or road on the lot or parcel that 
contains the seawall, as identified pursuant to paragraph A, the applicant must, on the 
landward side of the seawall: 
(I) Construct a sand dune covered with •native dune vegetation in a manner 
consistent with department rule; or 
(2) If there is not sufficient space to construct a sand dune, plant a vegetative buffer 
consisting of native dune vegetation. 
G. 
If practicable, as determined by the department, the residential dwelling or 
commercial building on the lot or parcel that contains the seawall, as identified 
pursuant to paragraph A, must be elevated on a post or piling foundation that allows 
for the free movement of water, wind and sand in a manner consistent with department 
rule and prior to or at the time that the seawall is increased in height pursuant to this 
subsection. 
H. The seawall, if increased in height pursuant to this subsection, must connect to a 
seawall of the same or greater height on each abutting lot or parcel along the same 
shoreline, except that, if an abutting lot or parcel along the same shoreline does not 
contain a seawall that the seawall can connect to, the applicant must: 
(1) Through legally binding agreement, including, but not limited to, an easement 
or contract, obtain permission for the seawall height increase from the owner of 
each abutting lot or parcel along the same shoreline that does not contain a seawall 
that the seawall can connect to; and 
(2) Agree to mitigate, through periodic dune restoration or beach nourishment 
activities as directed by the department, any increased end-effect erosion on each 
abutting lot or parcel along the same shoreline that may result from the seawall 
height increase. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to H.P. 151, L.D, 228 
I. For any seawall that is part of a project involving an increase in the height of seawalls 
located on 5 or more abutting lots or parcels along the same shoreline, the seawall 
height increase on all the abutting lots or parcels may not be expected to result in an 
increase in the extent or intensity of a predicted 100-year flood event on other abutting 
or adjacent lots that may cause the Federal Emergency Management Agency to revise 
the relevant flood insurance map to account for that increase, as determined by the 
department based on a standard engineering analysis provided by the applicant and any 
other information available to the department. 
This subsection does not prevent the • department from permitting, in accordance with 
adopted rules, the replacement of an existing seawall with a seawall of different dimensions 
or in a different location that is further landward if the department determines that the 
replacement seawall would be less damaging to the coastal sand dune system, existing 
wildlife habitat and adjacent properties than replacing the existing seawall with a seawall 
of the same dimensions in the same location. 
For the purposes of this subsection, "allowable stabilization materials" and "native dune 
vegetation" have the same meanings as in subsection 15. 
Sec. 3. 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 ~o 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 Rosa 
virginiana, 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 
in accordance with section 480-E, subsection 19. The replaced seawall may not be 
significantly different in construction from the one that previously existed.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill and amends the Natural Resources Protection Act to 
authorize the Department of Environmental Protection to approve a permit for a one-time 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A'.' to H.P. 151, L.D, 228 
increase by up to 2 feet in the height of a seawall or similar structure in a coastal sand dune 
system, as long as certain specified conditions are met. The amendment provides a similar 
allowance for a height increase of up to 2 feet .where a seawall has been destroyed or 
threatene~ and is replaced after emergency action. It also makes additional clarifications to 
the provision of the Natural Resources Protection Act regarding coastal sand dune system 
restoration projects with respect to existing seawalls. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/25 LRL 
LD228 
LR 419(02) 
An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted 
Sea Level Rise 
Fiscal Note for Bill as Amended by Committee Amendment /\:.'(H--/' I 1\ 
Committee: Environment and Natural Resources 
rcr() 
Fiscal Note Required: Yes • 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR0419(02) - Fiscal Note - Page 1 of 1