Maine needs a strong LURC

The op-ed commentary, “Helping LURC regain clout before it’s too late” (BDN, May 8-9), adequately described the threats the Land Use Regulation Commission faces and offered reasonable solutions that the Baldacci administration should consider.

The lists of problems within LURC are not new to the Department of Conservation. In 2001, the Maine chapter of Public Employees for Environmental Responsibility (PEER) conducted a survey of LURC employees and found that 86 percent of staff stated that they did not have the resources or support of their superiors to do their job. As a result of that survey, Maine PEER called for a comprehensive study to evaluate the effectiveness of the agency’s programs and to identify where improvements should be made. Our request was ignored, though in 1989 a similar study was conducted and as a result the agency received increased funding and staff.

In 2003, LURC went through staff reductions and restructuring and unfortunately the permitting and enforcement divisions were combined into one unit. Consequently the LURC enforcement employees were expected to do permitting and the permitting personnel were expected to do compliance (enforcement now has to be called compliance because it is a more user-friendly term). As a result, the emphasis is being put onto the issuance of permits; compliance cases, if found, are taking months and years to resolve all at the expense of a drain of staff time.

Additionally, in April, PEER’s press release targeted the history of LURC violations that accompanied a newly appointed LURC commissioner (for the press release go to the Web at www.peer.org/maine).

In order for LURC to improve there are a number of things that should be done immediately:

. The state should conduct a non-partisan effectiveness study to adequately identify the problems and resources needed by the agency. Only with this information can the governor and the Legislature know how to repair the damage that has been done.

. The positions of permitting and compliance should be returned to 2001 staffing levels and separated in responsibilities so that it actually matters if people do not receive permits or do not follow permit requirements.

. And lastly, insist that any member serving on the commission who has violated or caused violations of LURC standards and regulations resign that post. How can LURC commissioners enforce laws if they cannot themselves follow LURC standards?

All of Maine needs to call for a strong Land Use Regulation Commission. Sound planning can only occur if property owners, environmental organizations and concerned citizens call out with PEER to insist that we need a sound LURC to work for the good of all Maine.

Only through these measures can we begin to ensure that LURC has the tools, the moral and political stamina, to guarantee the protection of Maine’s 10.4 million acres of unorganized territory.

Tim Caverly is director of Maine PEER.