The state has agreed to let Harpswell and other Maine communities make limited revisions to a model floodplain management ordinance drafted by state employees that raised objections among members of the local commercial fishing community.
Fishermen and wharf owners took issue with the proposed ordinance’s original wording, which added new requirements for construction in flood-prone areas. They said the requirements would make it more difficult and costly to rebuild their storm-damaged coastal infrastructure.
Residents must approve a new floodplain management ordinance, incorporating updated flood insurance rate maps, by June 20 in order for Harpswell to remain eligible for federal flood insurance and flooding-related disaster relief.
One clause that raised objections states that any project to build “retaining walls, sea walls, levees, berms, and rip rap” in flood-prone areas would require hiring a professional engineer to assess whether the structure would impact the floodplain elevation or boundaries. Another section would impose a similar new requirement for wharves, piers and docks.
In a revised draft of the ordinance issued Tuesday, May 21, “professional engineer” was replaced with “qualified professional.” State personnel said the proposed new language is intentionally vague to allow flexibility in deciding who can do the work.
“This term is not defined in the draft ordinance so the Town can make the determination as to who is qualified to do this assessment,” the state said in its written response to requests for revisions from Harpswell and other towns.
Another state-approved revision would exempt temporary or seasonal docks from the impact assessment requirement, making it apply only to permanent structures in the floodplain.
The fishermen had argued that there should be no new requirements at all for coastal development, but state personnel disagreed. The fishermen also had sought to eliminate an impact assessment requirement for building seaside shacks and fish houses larger than 200 square feet, another change the state denied.
“There is no proposed change to the 200-square-foot limit,” the state said in its response.
Representatives of the Maine Coast Fishermen’s Association and New England Fishermen’s Stewardship Association did not respond to requests for comment on the revisions.
Fishermen raise concerns
In a heated public hearing on April 24, fishermen and wharf owners had complained to the Harpswell Planning Board about the new building restrictions included in the proposed ordinance.
They argued the language wasn’t needed to update the town’s floodplain maps and would create additional hardship for waterfront businesses trying to recover from recent storms.
Fishermen who spoke at the meeting also criticized town officials for not making the draft ordinance easier to find on Harpswell’s website, and for not having immediate answers to their questions about whether the proposed ordinance could be changed.
Planning Board Vice Chair Amy Haible, who led the public hearing, told attendees that the board understood their concerns about the draft ordinance and would seek to amend it.
“We certainly support the criticisms and the comments that have been raised,” Haible said.
Harpswell voters will decide at a special Town Meeting whether to adopt the proposed ordinance to keep the town enrolled in the Federal Emergency Management Agency’s National Flood Insurance Program. That meeting was originally set for May, but it has been postponed until 10 a.m. on Saturday, June 15, at Harpswell Community School.
Town officials had promised to research the issue to determine whether the disputed sections could be removed or amended without risking the loss of Harpswell’s eligibility for flood insurance.
They plan to hold a follow-up open house and public hearing at 5:30 p.m. on Wednesday, May 29, at Harpswell Community School. The ordinance must receive state and federal approval if passed by voters.
Flood maps explained
Flood insurance rate maps are a key component of the Flood Insurance Program, established by Congress through the National Flood Insurance Act of 1968.
Its creators recognized the devastating financial impact floods can have on people and communities, as well as the inadequacy of federal disaster relief and private insurance to mitigate those impacts.
According to FEMA, which oversees the program, the maps are used to determine the likelihood of flood events in different areas, dividing land into zones based on the level of flood risk. Risk assessments are based on historical data.
High-risk zones are labeled “A” or “V,” with “A” zones usually areas subject to flooding by a 100-year flood event, while “V” zones are coastal areas that face additional risks from storm-induced waves. Moderate- to low-risk zones are labeled “X.”
The FEMA maps provide the basis for setting premiums under the Flood Insurance Program. Properties located in higher-risk areas typically have higher insurance premiums, reflecting the greater risk of flooding.
Mortgage lenders rely on the maps to evaluate the flood risk to a property when deciding whether to approve a loan for its purchase. Properties purchased with a federally backed mortgage must have flood insurance if the property is in a high-risk zone.
The maps also help communities make informed decisions about where and how to develop land, according to FEMA. They are used in local planning and zoning processes to guide development away from high-risk areas and to ensure buildings in riskier zones are designed to minimize flood damage.
The maps are available digitally and can be accessed online through the FEMA Flood Map Service Center, which offers detailed, interactive flood hazard information. Harpswell officials have urged property owners to review the updated map for their property and contact the Code Enforcement Office if they have questions or concerns.
A copy of the revised draft ordinance and related materials are available and can be accessed from the homepage of the town’s website by clicking on “Flood Plain Information.”
Have a comment or news tip? Email J. Craig Anderson at craig@harpswellanchor.org.
