The Harpswell Planning Board voted unanimously on Wednesday, May 29, to forward a proposed update to the town’s floodplain management ordinance to the Select Board without a recommendation after receiving continued pushback from commercial fishermen.
The fishermen’s primary concern is the proposed addition of new building restrictions in flood-prone areas that they said would make it too difficult and expensive for them to rebuild coastal infrastructure damaged by winter storms.
The fishermen urged the Planning Board not to recommend approval of the ordinance, even though failure to pass it would make Harpswell property owners ineligible to obtain or renew federal flood insurance policies.
Roughly 100 town property owners have such policies, covering nearly $32 million worth of property, a state official said. But the fishermen argued that there are roughly 300 commercial fishermen who would be negatively impacted by the ordinance’s passage, and that commercial fishing is a vital part of Harpswell’s local economy.
“These requirements are putting the town between a rock and a hard place,” Planning Board Chair Amy Haible said. “(They put) the homeowner at odds with the commercial fishing community.”
The fishermen initially suggested that commercial fishing infrastructure should be made exempt from the proposed new rules, which would require property owners in flood-prone areas to hire a “qualified professional” to review all building plans. They argued that commercial docks and other structures are already ineligible for federal flood insurance.
However, a state official who attended the meeting via videoconferencing said the Federal Emergency Management Agency would be unlikely to accept such an exemption.
“I don’t think FEMA would be willing to go for that,” said Sue Baker, coordinator of the Maine Floodplain Management Program.
Still, Baker said FEMA may allow the rebuilding of older structures damaged by the storms to be exempt from the new rules, as long as they were originally built before Harpswell adopted a related ordinance in 2003. Baker said she would check with FEMA and let town officials know as soon as possible.
Residents must approve the 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 some flooding-related disaster relief.
Baker said if Harpswell opts out of the federal flood insurance program, it would still be eligible for most federal disaster grants following major storms. However, she said property owners would be ineligible for any federally backed recovery loans, such as loans from the U.S. Small Business Administration, because those require federal flood insurance.
Rules raise objections
One clause in the proposed ordinance 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 “qualified professional” 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.
The original wording would have required an engineer to do the work, but a revised draft of the ordinance issued May 21 replaced “professional engineer” with “qualified professional.” State personnel said the new language is intentionally vague to allow the town flexibility in deciding who can do the work.
Still, fishermen who attended Wednesday’s Planning Board meeting said many wharf and dock owners intend to rebuild such structures themselves and wouldn’t likely meet the definition of qualified professionals.
Another state-approved revision would exempt temporary or seasonal docks from the “qualified professional” requirement, making it apply only to permanent structures in the floodplain. But the fishermen said that change wouldn’t benefit them, since their infrastructure tends to be permanent.
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.
In a heated public hearing on April 24, fishermen and wharf owners had complained to the Planning Board about the new building restrictions included in the proposed ordinance.
They said 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.
Harpswell voters will decide at a special Town Meeting whether to adopt the proposed ordinance to keep the town enrolled in FEMA’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.
Voters also will decide whether to adopt amendments to three local land use ordinances related to accessory dwelling units, converting single-family residences into two units, and allowing the town to hire outside help to oversee larger construction projects.
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.
The FEMA maps provide the basis for setting flood insurance 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.
The revised draft floodplain management ordinance and related materials can be accessed from the homepage of the town’s website by clicking on “Flood Plain Information.”
