Rolling covenants to protect coastal ecosystems in the face of sea‐level rise

Abstract

Abstract This article considers how “rolling covenants” (i.e., covenants on land title that can operate in a “rolling” geographic area to keep pace with sea‐level rise) can be used to permit productive use of land in the short term, while ensuring land use can shift over time to allow for coastal ecosystem migration in the medium to long term. We use Australia as a case study, and through analysis of legislation and a series of semistructured interviews, we demonstrate how land title‐based covenants can be used to give legal effect to “rolling covenant” arrangements where land is subject to existing use and occupation. We then consider practical issues associated with drafting a rolling covenant arrangement, including an analysis of the types of events or scenarios that could be used as a basis for land use changing (e.g., projected sea‐level rise, actual ecosystem migration), and the advantages and disadvantages of each. We conclude that rolling covenants are a viable option for land management in the coastal zone, especially in circumstances where funding sources are available to incentivize uptake. Rolling covenants may provide opportunities for coastal wetlands to be maintained and even enhanced in cover, thereby delivering important ecosystem services (e.g., blue carbon) into the future.

Keywords

• covenants
• coastal ecosystems
• coastal squeeze
• sea level rise
• rolling covenants
• wetlands