"I am not a terrorist."
This was the response from Judy East of the Washington County
Council of Governments, who was moderating a meeting regarding
the new shoreland zoning rules being implemented by the
state Department of Environmental Protection (DEP). The
new rules have led to passionate feelings and statements,
especially from those opposed to the new restrictions, in
meetings from Lubec to Machias and Addison.
The focus of these discussions
is a change made to the Natural Resources Protection Act
(NRPA) in LD 1981, passed during the last legislative session.
Aspects of the bill dealing with vernal pools, or areas
which are wet only part of the year and provide habitat
for a variety of species, were widely discussed and debated,
but the provision revising shorebird protections was less
noticed. The bill was recommended out of committee with
a unanimous "ought to pass" recommendation and
passed the House of Representatives with one vote in opposition
and the Senate without opposition and without a recorded
vote. It was passed as an emergency measure, to take effect
on the governor's signature, in order to provide more seasons
of data about vernal pools, according to several legislators.
The bill extends protection
for habitat used by migrating shorebirds for nesting or
feeding from the previous 75 feet from high water to 250
feet from high water. Although the new rules apply statewide,
the effect C and the furor they have engendered C is greater
in Washington County than in other areas. Supporters and
opponents of the new rule cite three reasons for this disparity.
More of the shoreline will be placed under the regulations,
as they will affect roughly 17 percent of Washington County
coastline, compared to 16 percent in Cumberland County and
about 14 percent in York County, according to state figures.
Also, since the rules do not affect properties already developed,
the more-developed areas in southern Maine will not see
the impact that will be felt in Washington County, which
has much more undeveloped waterfront land. Finally, much
of southern and mid-coast Maine already has local zoning
in place, whereas many Washington County towns have no zoning
beyond that mandated by the state, so that residents and
developers are less used to dealing with permits and other
requirements when building.
Richard Bard, a wildlife biologist
with the state, appeared on September 28 at a meeting at
the University of Maine at Machias. The meeting had been
originally scheduled to deal with issues of timber harvesting,
but Bard spent a good part of the meeting speaking and answering
questions about the shoreland zoning to an audience of well
over 100 local residents, municipal officials and real estate
developers. Bard said that he wanted "to correct some
errors" that had come up in discussion of the new regulations.
He said, "All regulations are in effect now, except
for the vernal pools." He also explained, "Some
habitats only go to high tide, not always the full 250 feet."
Finally, he emphasized that both the DEP and the Department
of Inland Fisheries and Wildlife (IF&W) "have made
a commitment to respond to individual landowners. We can
do an initial consultation if you have a project coming
up, and we will come out to your property."
Norm Hunt, a farmer and developer
seeking to build on land in Lubec, said that the state has
"shredded the constitution. Someone has dictated, mandated,
not by, for, of the people." He said that he has spent
$1,500 submitting an application to the state and has still
not received a permit. Debbie Holmes, a local realtor, spoke
in opposition to the new rules saying that "legislators
that I talked with, who voted for this, did not know about
it. The towns did not know about it." Warren Foley,
the chairman of the planning board in Lubec, pointed out,
"These people [the DEP and IF&W representatives]
cannot change this. It's the legislature. We need to get
ahold of our legislators and amend it."
The meeting grew more heated,
with an exchange between Lubec landowner Erich Veyhl and
Tom Finlay, the Democratic candidate for the state senate
seat currently held by Kevin Raye. "Your legislators
voted for this," Finlay said from the floor. Veyhl
responded that Raye had not voted for it. After a back-and-forth,
Veyhl seemed to concede that Raye had, saying, "But
he didn't know anything about it," which drew a reply
from Finlay of, "But he should have known when he voted."
Then Hunt said that he was
"terrorized" by the new rules and that the government
were "terrorists," which prompted East's statement
that she was not a terrorist. East then directed the meeting
on to cover the material for which it had been scheduled
for C changes to regulations regarding timber harvesting.
Members of the legislature
from Washington County, Rep. Ian Emery of Cutler and Senator
Kevin Raye of Perry, have both vowed to introduce legislation
in the next session to review the changes and adjust them
as needed. |