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MaineLD 228132nd Maine Legislature (2025-2026)HouseWALLET

An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted Sea Level Rise

Sponsored By: Robert Foley (Republican)

Became Law

COASTAL AREASCOASTAL AREAS - SEA WALLS

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

One-time 2-foot seawall raise for owners

You can get a one-time permit to raise an existing seawall by up to 2 feet. The wall must have legally existed on January 1, 2025, and after the work the top is no more than 1 foot above the base flood elevation. Eligible parcels include homes up to 15,000 sq ft, small commercial up to 25,000 sq ft, or lots with a road. The building or road must be within 25 feet of the landward side of the seawall, or the lot must abut others with seawalls that are raised or permitted to be raised. No other dimensions can change. A dry seaward dune cannot exist or be feasible to create (defined as staying dry at highest astronomical tide plus 1.5 feet of sea-level rise). You must connect to abutters or get easements and agree to fix end‑effect erosion; projects on five or more abutting lots need engineering showing no FEMA map change to the 100‑year flood, as determined by the department. You must mitigate added seaward scour, build a landward dune with native plants or plant a vegetated buffer where space allows, and elevate buildings on piles when practicable. Effective May 29, 2025.

Faster seawall repairs after storms

After an emergency, you can repair or replace a seawall, bulkhead, retaining wall, or similar structure with a permit by rule. The replacement cannot exceed the height, length, or thickness that legally existed in the past 24 months, except you may raise height under the up‑to‑2‑foot rule. You must file the permit‑by‑rule notification. You must avoid disturbing native dune vegetation, restore any disturbed areas quickly, and follow the April 1 to September 1 limit on moving sand seaward unless you have written approval. The new wall cannot be significantly different in construction. Effective May 29, 2025.

More dune restoration options, with limits

The law allows more dune restoration methods and lists the materials you can use, like plant‑based fabrics, coir or jute rolls, straw, holiday trees, and local gravel or cobble. When used under a permit or permit by rule, these materials are not treated as permanent structures. You must place materials above the highest annual tide; use in FEMA high‑velocity (V) zones is allowed. Built dunes cannot be steeper than the existing dune unless they are on or landward of an existing seawall. Projects must promote native plants and, unless on or landward of a seawall, keep materials covered with sand and native vegetation. Gravel or cobble is allowed only where nearby beaches are mostly that size and must match local texture and color. If you use metal stakes, anchors, or cables, you can use a permit by rule only on or landward of a seawall that legally existed on January 1, 2025. Effective May 29, 2025.

Sponsors & Cosponsors

Sponsor

  • Robert Foley

    Republican • House

Cosponsors

  • Donna Bailey

    Democratic • Senate

  • Joseph Martin

    Republican • Senate

  • Lori Gramlich

    Democratic • House

  • Mark Blier

    Republican • House

  • Michael Soboleski

    Republican • House

  • Richard Campbell

    Republican • House

  • Richard Mason

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 122

    5/1/2026

  2. PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.

    5/27/2025Senate

  3. This being an emergency measure, a two-thirds vote of all the members elected to the House was necessary.PASSED TO BE ENACTED.Sent for concurrence. ORDERED SENT FORTHWITH.

    5/27/2025House

  4. Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-164) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-164), in concurrence.Ordered sent down forthwith.

    5/21/2025Senate

  5. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-164).Sent for concurrence. ORDERED SENT FORTHWITH.

    5/20/2025House

  6. Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025House

  7. Received by the Clerk of the House on January 16, 2025.The Bill was REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.

    1/16/2025House

Bill Text

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