FISH ready to remove Winterport dam

WINTERPORT – Barring a last-minute hitch, demolition of the West Winterport Dam will begin Thursday.

The head of a conservation group that wants to restore wild salmon to the Marsh Stream between Frankfort and Winterport said Tuesday the wrecking ball is scheduled to start swinging because the water is low and other conditions are favorable.

“Now is the time to take this dam out,” said Bill Townsend, president of the conservation group Facilitators Improving Salmonid Habitat, or FISH. “The weather conditions are right, we have our permit, we have the equipment at the site, we’re ready to go and now is the time.”

But the group has opposition. Winterport and Frankfort are fighting the dam’s removal. And even if the West Winterport Dam is removed, another impediment to spawning fish remains as the Frankfort Dam downstream still stands.

Federal agencies are pressing that hydroelectric dam’s operators to make a major upgrade to its fish ladder to improve passage of spawning species such as salmon and herring.

FISH has been trying to remove West Winterport Dam for two years. In the past few months, both the Maine Department of Environmental Protection and the Federal Energy Regulatory Commission have issued permits for the removal.

The only permits FISH does not hold are shoreland zoning permits from Winterport and Frankfort. The Marsh Stream forms the boundary between the towns, and some residents are opposed to its removal. The towns argue that the dam and its 50-acre impoundment are necessary for fire and flood protection as well as recreation.

The towns are considering eminent domain as a way of blocking the project. They also insist that FISH and dam owner John Jones must have a shoreland zoning permit before any work can begin on the dam.

“We say that local zoning applies,” planning board member and state Rep. Joe Brooks said Tuesday. “To me this is really precedent-setting if they try to go forward. Whatever happens is going to have tremendous impact on FISH and other organizations like that who may want to remove dams.”

Winterport Code Enforcement Officer Richard Watson attempted to block the demolition by issuing a stop-work order against FISH and Jones on Tuesday. Watson’s order came in response to a letter FISH sent to the towns on Friday, notifying them of their plans to go forward with the removal.

Townsend contends that shoreland zoning does not apply to the project.

He said his DEP permit was obtained through the state Waterway Development and Conservation Act and that law specifically eliminates the need for local permits when dealing with hydroelectric projects.

Townsend said that under legal doctrine, “a higher regulatory authority,” such as FERC or DEP, supersedes local regulations.

“Our position is that shoreland zoning is not applicable and we don’t intend to respect the stop-work order,” said Townsend. “Unless there is an order that has been issued by a judge saying, ‘Don’t take out the dam,’ we’ll take out the dam. We have an order that says you can take it out and that is what we are going to do. Our belief is that we have all the permits that are required.”