Shorebird habitat rules under review New setbacks raise concern Down East

Lawmakers will begin next week to re-examine state regulations protecting shorebird habitat in response to concerns about how the newly enacted rules will affect development in coastal communities.

The new rules restricting development in areas inhabited by amphibians, shorebirds and other waterfowl have been on the books only about seven months. The Legislature approved the measure with near unanimous support after months of public meetings.

But some residents and developers in coastal Maine – especially in Down East communities – now are seeking to change or delay implementation of the rules, arguing that they never knew about the 250-foot setback requirements for new development near shorebird habitat.

Critics claim the shorebird issue was overshadowed by attention on vernal pools, which are seasonal, shallow depressions in forests that become breeding pools for amphibians.

Beginning at 9 a.m. Tuesday, the Legislature’s Joint Committee on Natural Resources once again will hear presentations on the issue from Department of Environmental Protection staff and representatives of the environmental and development communities.

Although the new rules would affect development throughout Maine, most of the outcry over the 250-foot setback from shorebird habitat has emanated from Down East, and in particular Washington County.

The DEP estimated that 17.5 percent of Washington County’s coastline would fall within the designation. The rules could force landowners to move the location of proposed development or, in extreme cases where no other options are available, to compensate for the lost habitat.

Washington County officials, not to mention landholders and real estate developers, are especially concerned about the impact the rules will have on economic development.

“Shorefront development is driving the engine for our economy right now,” said Mike Murphy, a selectman in Addison.

DEP Commissioner David Littell expressed some surprise at the belated backlash against the rules.

The Legislature gave the DEP a clear mandate to develop rules to protect both vernal pools and shorebird and waterfowl habitat. And the Natural Resources Committee and the Board of Environmental Protection held more than a dozen public meetings between the two of them on the proposed rules, Littell said.

Nonetheless, Littell said his agency is willing to talk with the concerned groups to potentially redraft shorebird habitat rules that are both protective of wildlife yet allow reasonable development.

“This is an issue that we can fix,” he said. “It will take some compromise.” Littell added that he would oppose loosening the restrictions on development near vernal pools, however.

Jenn Burns, staff attorney and advocate at Maine Audubon, defended the rules as well as what she called the “very long, very public” approval process. But Audubon potentially would be open to adjustments as long as the development community does not try to undo the rules altogether, Burns said.

“We’re certainly open to discussion,” Burns said. “But the rules are based on science.”

The Natural Resources Committee is scheduled to meet at 9 a.m. Tuesday in Room 214 of the Cross State Office Building in Augusta. For more information, call 287-1670.