Downeast municipalities have seen a rise in the number of potential large-scale projects in aquaculture, mining, land development and commercial development. Reacting to those possible changes, some towns are resorting to implementing moratoriums to buy time to properly evaluate and determine if they are a fit for today and, more importantly, for tomorrow.
      In response to proposals for commercial development in Pembroke, subdivision concerns in Robbinston, large-scale water extraction in Perry, commercial aquaculture projects in Machiasport and Jonesport, large developments including the Flagpole of Freedom Park in Columbia Falls and a long ago attempt to develop hundreds of acres of land in Northfield, moratoriums have been considered or utilized.
      "With the breathing space of a moratorium which was extended several times, Northfield was able to gather expert advice and evidence and redraft its ordinances and comprehensive plan to ensure reasonable growth vis-a-vis the town's goals," says Rebecca Irving, a trial attorney for more than 40 years who represented the Town of Northfield pro bono in that mid-1980s case. "The town was sued numerous times by developers in several courts, and my recollection is the matter in some form was appealed to the law court at least three times over the course of a couple of years. With the help of committed town officials Northfield ultimately prevailed."
      Since then Northfield has utilized moratoriums on development of a regional airport and water quality testing and wind energy. "Understand that without an intact moratorium, a developer can submit an application to the planning board, which then generally must be reviewed under the town's existing ordinances," says Irving.

‘Moratorium’ is not a dirty word
      Mention the word "moratorium," and a common reaction is one of concern. The many experts who have been involved in the process all say that should not be the case. Simply put, it is an official pause for due diligence to take place.
      "Moratoriums allow towns to take time to prepare or update their regulations when development pressures are of a volume or scale that overwhelms the municipality's capacity to address public health, safety and welfare," says Judy East, who served as the executive director of the Washington County Council of Governments (WCCOG) for 17 years and knows quite a lot when it comes to municipalities planning for growth. "They are customarily six months in duration and can be extended. They should be used conservatively, because there is also an obligation to provide timely and responsive review to a property owner or developer."
      The time balance is key when a town institutes a moratorium. "This should not be a fast process if it involves unexpected or unique projects," says Irving. "It requires significant time for town officials to gather evidence and hold public hearings. In my opinion, so long as reasonable grounds exist, extensions of moratoriums should occur so deliberations at a town vote on any revised ordinances can be thorough and based on the latest scientific or other fact-based evidence."

Use and misuse of moratoriums
      Ongoing work and communication are two "must haves" for the process.
      "A moratorium can place a substantial burden on landowners and developers. It essentially forces developers to pause initiatives or growth plans for at least six months, sometimes longer," says attorney Aga Dixon, who currently represents the Town of Columbia Falls as town officials move towards a moratorium vote on large-scale development there. "If a town has not clearly identified a need for a moratorium or if municipal officials do not work toward collaboratively resolving the problem while the moratorium is in effect, it can put a strain on relations with its taxpayers and the business community and, sometimes, it could give rise to costly litigation."
      In Columbia Falls, a public survey to gather information from the community was just completed. Additionally, two public information sessions were conducted specific to the moratorium being proposed.
      When done correctly a moratorium can benefit both sides while allowing for things as usual to take place within a municipality.

One town's moratorium journey
      Jeff Davis, in his ninth year as a selectman, indicated that the large-scale aquaculture moratorium Machiasport adopted in June 2022 was the first of his tenure. "We needed to do this because of the rapid pace of change this area has been seeing. We also wanted to hold where we are at when it comes to what is happening in our waters." The moratorium was extended for another 180 days on November 28. Machiasport was not alone in enacting moratoriums for such concerns; so did Cutler, Beals, Gouldsboro and Winter Harbor.
      Expansion of commercial salmon farming for Machiasport is the main focus at the moment, but Davis acknowledges the town keeps up to date with what is happening in other towns. "We are aware of what has been occurring up and down the coast, and of course, the Kingfish Maine project in Jonesport."
      The state controls permitting for aquaculture projects in state waters and reaps some financial benefit. The movement by towns to enact moratoriums and develop sound ordinances to withstand court challenges, Davis acknowledges, provides a collective voice for a town to determine what occurs in its waters just like it does on land. He notes that as aquaculture projects expand, so does the potential for confrontations between the companies and fishermen.
      "The aquaculture ordinance being drafted I hope will protect what is already in place and give us some control on what happens in the future. Ultimately, the town will vote to accept or reject the ordinance."
      With respect to managing growth and development of a coastal town like Machiasport, Davis admits much has changed since WCCOG became dormant. "We do hope and support a newly-formed WCCOG or a combination of that organization with perhaps Sunrise County Economic Council (SCEC)," says Davis. "We simply do not have the time nor staff to keep pace to address change on our own."
      Washington County Manager Betsy Fitzgerald says that without proper guidance "towns are struggling with comprehensive plans and ordinances." She says, "Towns are being asked to monitor and regulate things they've never had to do before, such as solar and wind farms."

Support services are in transition
      Dixon believes the preferred approach for all municipalities would be to consistently engage in the planning and ordinance review process so emerging issues can be addressed before they arrive in the community. This means development and continual review of a municipality's comprehensive plan. That plan, according to the WCCOG website, is like a blueprint for the community. In Maine, comprehensive plans typically establish town policies dealing with issues such as transportation, natural resources management, municipal capital investment, outdoor recreation, working waterfront access and marine resources and land use. It is a town's tool to help direct growth and protect neighborhoods.
      "Comprehensive plans and local ordinances are not static documents -- they need to be regularly dusted off and updated to reflect our constantly changing landscape," says Dixon. "The reality, however, is that most small Maine communities do not have the staffing or resources to engage in prospective planning. If communities were given additional planning resources, I suspect that we would see fewer communities resort to adopting moratoria to try to solve their land use problems." For a long time WCCOG was a municipal membership organization that assisted municipalities with funding, planning and ordinance development. That changed when East departed, and since then WCCOG has been in a restructuring mode led by Fitzgerald and Milbridge Town Manager Lewis Pinkham. WCCOG was able to provide municipalities with comprehensive planning and funding aid via the Department of Agriculture, Conservation and Forestry (DACF), for which East now serves as director of resource information and land use planning.
      "Organizations like WCCOG and/or SCEC are important because they are an arm's length from the actual residents and can maintain that distance," says Fitzgerald. "Towns ought to have access to planning and grant-writing expertise that they cannot afford or manage alone. The joint support from more than one lightens the financial load collectively."
      SCEC is currently expanding its role in conjunction with the WCCOG reorganization to provide more assistance to communities. "We have five staff people working directly with tribal and municipal governments already and are in the process of hiring a planner who will be dedicated to working with towns," says Crystal Hitchings, SCEC director of community infrastructure and promotion programs. "This will enable us to fully staff the gap that was WCCOG, but we will not be able to provide the full level of services without the DACF funds." The WCCOG will need to have an active leader in order to work with DACF to make it possible for SCEC to completely cover the services that WCCOG once covered.
      Without organizations such as a WCCOG and SCEC, Hitchings believes that towns will lose the ability to obtain significant funding from federal and state governments for infrastructure, economic development and housing and will miss out on opportunities to help them achieve their goals.

The need for comprehensive planning
      The Town of Columbia Falls is in the midst of potential change. Its comprehensive plan, last revised in 2021, lacks a land use strategy that would regulate large-scale commercial development. This realization, on top of the proposed $1 billion Flagpole of Freedom Park project requiring town approval for the annexation of over 10,000 acres of land that would require significant infrastructure changes to both the town and much of the surrounding area, is why a moratorium is being considered.
      Davis admits the Machiasport comprehensive plan, last revised in 2009, needs to be looked at again due to the rapid pace of change Downeast towns are seeing.
      "The first advantage of having these documents in place is there may be no need for a moratorium, no need to prepare regulations in haste, and no delay in the review of development proposals that can be of economic benefit to the community," says East.
      She notes that a comprehensive plan is a document that requires community engagement, thereby reflecting the community's vision for its future development. The plan provides the policy guidance for a zoning ordinance and directs where the community wishes to support working land, natural areas, recreation and so on. Clear rules in a detailed zoning ordinance reduce uncertainty for developers and provide planning boards with clarity as they balance the needs of the community with those of a developer.

“It's my land so I can do what I want”
      In a recent joint session of the planning and select boards for Columbia Falls in preparation for a March 21 town vote on a land use planning moratorium, Noel Musson of The Musson group, a land use planning consultant, was asked how one addresses the position: "It's my land I can do what I like." His answer was that there is the flip side to that statement and that is: "What, that can happen right next door to my property?" Musson said the conversation should be about understanding the balance between those two views and where that balance makes sense for a community. "The framework we come up with will help Columbia Falls be nimble in the future when you are faced with things you aren't used to facing right now," said Musson.
      "I think people are beginning to see that ordinances have their place in the running of a town," says Fitzgerald. "I have had several calls recently from residents complaining about what is happening, usually right next door to them, and I have to explain that, without an ordinance, people can pretty much do as they please."
      Fitzgerald believes moratoriums are being used more today because towns are realizing the vulnerability of general use ordinances that ignore specific land uses. "My classic example is that, should I want to build an aluminum smelting plant next door to you, there is no ordinance that stops me if the town only has shoreland zoning, because you can't tell me what to do with my land," says Fitzgerald. "That sort of an example usually makes the point."