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)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Raise existing seawalls up to 2 feet
Beginning May 29, 2025, owners 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. After work, its top may be no more than 1 foot above the base flood elevation, and other dimensions cannot change. Your home, business, or road must be within 25 feet landward of the wall, or your lot must abut lots with permitted raised seawalls. No dry seaward dune at highest tide plus 1.5 feet can exist or be created under permit-by-rule. You must mitigate seaward erosion, build a landward dune or plant native vegetation if space allows, and connect to abutting walls or get neighbor agreements and fix end effects. Projects on five or more abutting lots need an engineering analysis showing the changes do not increase a 100-year flood enough to force FEMA map changes. You may place sand, cobble, or allowed materials landward for stability, and should elevate buildings on posts or pilings when practicable.
Simpler dune repairs near seawalls
Beginning May 29, 2025, dune projects on or landward of a seawall that legally existed on January 1, 2025 face relaxed rules. In that spot, a built dune may be steeper, and stabilization materials do not need to stay buried and vegetated after work. Metal stakes, anchors, or cables can qualify for permit-by-rule only when placed on or landward of that seawall. All projects must still place allowed materials above the highest annual tide and follow FEMA V-zone siting limits.
Faster seawall repairs after emergencies
Beginning May 29, 2025, you can use permit-by-rule to repair or replace a damaged seawall, bulkhead, or similar structure after you file the notice. The new structure must match the prior location and dimensions from the last 24 months; no increase in height, length, or thickness is allowed, except a height increase that follows the one-time raise rules. During work, you must avoid and quickly restore native dune vegetation. You may not move sand seaward of the frontal dune from April 1 to September 1 without written approval from the Department of Inland Fisheries and Wildlife.
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
Signed by Governor, ACTPUB Chapter 122
5/29/2025PASSED TO BE ENACTED - Emergency - 2/3 Elected Required, in concurrence.
5/27/2025SenateThis 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.
5/27/2025HouseReport 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.
5/21/2025SenateCONSENT 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.
5/20/2025HouseCarried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.
3/21/2025HouseReceived 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
Amendment C-A (H-164), adopted by House & Senate
Enacted
Introduced
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