Harpswell officials are negotiating changes to a proposed floodplain management ordinance after fishermen and wharf owners said the current wording would make it more difficult and costly to rebuild their storm-damaged infrastructure.
In a heated public hearing on April 24, fishermen and wharf owners complained to the Harpswell Planning Board about new building restrictions included in the proposed ordinance. They argued the language isn’t needed to update the town’s floodplain maps and would create additional hardship for waterfront businesses trying to recover from recent storms.
For example, one clause 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 determine whether the structure would alter the floodplain elevation or boundaries. Another section would impose a similar new requirement for wharves, piers and docks.
“The State Legislature just earmarked $60 million for the commercial fisheries to rebuild their wharves,” Cundy’s Harbor lobsterman Matt Gilley told the Planning Board. “This is going to render that useless for nine to 12 months if everybody’s going to have to go and hire an engineer before they can do any repairs or anything like that.”
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.
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 this month, but it has been postponed until Saturday, June 15.
The new maps were introduced in January, and the town has until June 20 to approve them in order to remain in the FEMA program and preserve Harpswell’s eligibility for flood insurance as well as federal disaster relief following major flooding events.
But representatives of the working waterfront argued that new rules and restrictions on development should be removed from the proposed ordinance.
Town officials said the disputed language was included in a model floodplain ordinance drafted by state employees and may not be required by FEMA.
They 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, and then hold a follow-up open house and public hearing at 5:30 p.m., Wednesday, May 29, at Harpswell Community School.
In an interview Wednesday, May 1, Town Planner Mark Eyerman said Harpswell officials were still in the process of negotiating changes to the draft ordinance, which must receive state and federal approval if passed by voters.
“It’s sort of a classic negotiation where we say (to the state), ‘Can we do this?’ and they say, ‘Let us think about it — maybe you can do part of that but you can’t do all of it,’ and (we say), ‘Well, then can we do this?'” Eyerman said. “That process … is the reason for pushing back both the date of the special Planning Board meeting, which was originally scheduled for May 22, and the Town Meeting date, to allow those discussions to play out.”
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 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.
Participation in the Flood Insurance Program is contingent on communities adopting and enforcing floodplain management ordinances that meet or exceed FEMA guidelines. The flood maps are essential for enforcing those regulations, as they identify areas where the rules apply.
The maps are available digitally and can be accessed online through the FEMA 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.
Planning Board member Amy Haible, who led the meeting, told attendees that the board understood their concerns about the draft ordinance and would seek to amend it. By law, the revised draft must be made available to the public by Wednesday, May 15 — two weeks before the Planning Board’s May 29 open house.
“We certainly support the criticisms and the comments that have been raised,” Haible said.
Have a comment or news tip? Email J. Craig Anderson at craig@harpswellanchor.org.
