Statement on the Passage of LD 228, “An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted Sea Level Rise”
On May 29, 2025, Governor Mills signed LD 228, “An Act to Allow Coastal Seawalls to Be Raised by up to 2 Feet in Order to Accommodate Predicted Sea Level Rise” into law. Provided they meet certain conditions, the bill allows landowners to increase the height of their seawalls in coastal sand dune systems, which provide invaluable habitat for wildlife.
“While the bill was significantly strengthened during the legislative process, Maine Audubon remains deeply concerned about the continued hardening of our coastline. We strongly urge landowners to prioritize ‘nature-based solutions’ that work with, rather than against, natural coastal dynamics,” says Francesca “Ches” Gundrum, Advocacy Director at Maine Audubon.
Maine Audubon opposed the original bill but worked alongside coastal lawmakers and state agencies to arrive at a compromise. The original bill would have allowed the Department of Environmental Protection (DEP) to authorize a one-time, two-foot increase in the height of existing seawalls in coastal sand dune systems through permit or permit by rule.
However, this new law, which is now officially in effect, was heavily amended from the initial proposal. Based on feedback from Maine Audubon and state agencies, the law requires that landowners meet several permit conditions in order to receive authorization for a one-time, two-foot increase of existing seawalls, including but not limited to:
• Applying for a full permit versus proceeding through permit by rule permission;
• If practicable, homes or businesses must be elevated on post or piling foundations either before or at the time that the seawall height would be increased;
• Homes or businesses are within 25 feet of the seawall;
• Applicants must enter into a legally binding agreement with their neighbors who do not have seawalls in order to obtain their permission to pursue elevation;
• Should permission be granted, applicants must agree to mitigate—through periodic dune restoration or beach nourishment activities—any increased erosion endured by neighbors;
• Applicants agree to mitigate—through beach nourishment—any increased scouring or erosion that may occur within the larger dune system from the seawall increase; and,
• If space allows, the applicant must construct a dune behind their seawall or plant a vegetative buffer with native dune vegetation if space does not allow; among others.
Coastal sand dunes are one of the rarest habitats in Maine, making up just about 2% of the state’s coastline. Closest to Maine Audubon’s mission, sand dunes contain critical wildlife habitat. Endangered Least Terns and Piping Plovers rely on sandy beaches and sand dunes on Maine’s coast to nest and rear their young. While seawalls and other hardened structures may offer some localized protection for individual properties, they can accelerate erosion elsewhere—literally shifting the burden to someone else. Sand dune erosion is devastating to these vulnerable birds.
