September 22, 2024
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Coastal building limits assailed Down East senator to fight new law

ADDISON – The state senator representing Washington County vowed Wednesday to fight a new law that places more restrictions on building on coastal property statewide, yet “disproportionately” affects Washington County.

Sen. Kevin Raye, R-Perry, told a roomful of 80 people who gathered at the Addison town office that he felt the state Department of Environmental Protection should delay enforcement of LD 1981 until it can be reviewed again by the Maine Legislature.

“This law did not get the airing or debate it deserves,” Raye said. “So many people are affected, so let the debate be had.”

DEP officials, including Commissioner David Littell, reviewed what the new law means, that new mapping by state agencies will place considerable restrictions on property now designated by the state as shorebird nesting, feeding and staging areas.

No new development will be allowed within 250 feet of a shorebird area.

Effective since last June, the law gives the DEP instead of towns the jurisdiction over the new areas.

Those wanting variances to the law may apply for permits.

The law affects many coastal Washington County communities. The DEP calculated that 17.5 percent of the Washington County coast falls within the new designation.

Many at the town office charged that the 13 members of the Natural Resources Committee failed to consider the potential devaluation of coastal land values.

“What birds are so critical to protect that we will wipe out Washington County economically?” one man asked.

“This law didn’t have the level of scrutiny that it needs,” Raye said. “Let the debate be had. So many people are affected, so let’s give this a chance to be aired in the Legislature.”

LD 1981 was passed as emergency legislation in April because the Natural Resources Committee wanted landowners to have two full years to identify seasonal vernal pools on their properties.

Vernal pools were much publicized and debated. Little noticed were the parts of the legislation related to protection of shorebird areas, tidal waterfowl and wading bird habitats.

Because the legislation moved out of the committee with unanimous support, legislators were not aware of the potential effects on building and development. LD 1981 passed the Senate without a roll-call vote and the House with a 128-1 vote.

“This is all so new,” Raye said. “Not even legislators knew about this.”

Littell at the time called it “the most significant new wildlife habitat rule of the past decade.”

Wednesday, Littell conceded that in retrospect the portion of the law to enforce protection for shoreland birds didn’t have the debate or visibility it needed.

He noted that the planning boards in all of Maine’s 435 towns were sent notices in July after it passed and that the new maps are just getting completed and circulated now.

He noted that there were “a dozen public meetings in Augusta” concerning the legislation, but those at the Addison meeting said not enough information had been provided locally before the vote.

Locally the issue has hit home only in the last three or four weeks. Municipal officials discussed the issue at meetings in Lubec on Aug. 31, in Milbridge on Sept. 12, and in Addison on Sept. 13.

Beyond that, the law’s new far-reaching restrictions are not known. That’s why the town of Addison took steps to publicize the issue beyond the town.

The afternoon meeting drew selectmen and planning board members from several towns, private landowners, building contractors, developers and real estate agents.

They reviewed maps developed by the Maine Department of Inland Fisheries and Wildlife that show new color-coded patching.

Ted Koffman, D-Bar Harbor, co-chairs the Natural Resources Committee. He said that the new law merely amends the Natural Resources Protection Act, Significant Wildlife Habitat Rule, Chapter 335.

The law has been on the books since 1994, but not in effect until the mapping was done – and that’s now.

“It’s understandable to me why people are concerned and folks are feeling very blindsided,” Koffman said. “But it’s been in the works for a while.”

The topic will be covered again this evening in a presentation at the University of Maine at Machias from 6 to 8 p.m. in the Science 102 room. Rich Baker of the DEP will speak to local officials, planning board members, code enforcement officers and interested residents in a forum organized by the Washington County Council of Governments.

William Moore, an Addison planning board member, estimates Addison is the most affected town in the state. Approximately 35 percent of its land is indicated as shorebird area – about 21 miles.

The diminished values of affected properties could cause a $25 million drop in taxes for Addison, he said.

One builder noted that a four-lot waterfront subdivision he is developing in Milbridge is worth nowhere near the $400,000 per home he had hoped to sell for. Any new lot owner cannot build within 250 feet of the water, and that limitation takes away the water views on his properties, the builder said.

“I’ll be lucky even to get $20,000 now for the house lots,” he said.

“This is one of the saddest things to happen to Washington County,” another man stated. “The only resource we have here is our shoreland.”


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