Harpswell to lobby for changes to new fish house restrictions

The Harpswell Select Board has directed town staff to lobby Maine’s congressional delegation to lift new federal restrictions on rebuilding damaged fish houses and other coastal structures.

The town’s new floodplain management ordinance, adopted in June, makes it virtually impossible for fishermen to rebuild damaged structures larger than 200 square feet that are located seaward of the mean high tide, Planning Board Chair Amy Haible told the Select Board at a meeting on Thursday, Oct. 24.

The ordinance received pushback from the commercial fishing community after it was revealed that the updated version contains new development restrictions imposed by the state and the Federal Emergency Management Agency. Still, its adoption was required for Harpswell to remain eligible for federal flood insurance and some disaster aid.

Harpswell worked with state personnel to make limited changes to the measure, primarily eliminating a requirement that a professional engineer review nearly all proposed development in the floodplain. The revised wording only requires a “qualified professional” to perform the assessment. Town officials have said that designation includes local wharf builders.

Still, the state insisted the rules on fish houses were non-negotiable, citing FEMA’s floodplain management requirements aimed at reducing flood risk in high-risk zones. Haible said fishermen use the structures to store bait, equipment and other items for commercial fishing and lobstering operations.

“The federal floodplain management ordinance has no provision that allows for replacement of these structures due to age-related damage or storm damage,” she told the Select Board. “And there also isn’t really any language that allows for variances — it’s very difficult.”

Haible urged the Select Board to lobby elected officials to get the new restrictions lifted. She noted that Maine’s delegation has come through for Harpswell in the past, such as when it enabled the town to remove miles of pipeline connected with the former Navy refueling station at George J. Mitchell Field.

“Invite them here, invite members of the commercial fishing community, let (the delegates) see exactly what is going on, and put their feet to the fire and get them to change this thing,” Haible said.

The three Select Board members all agreed. They directed town staff to contact Harpswell’s state legislators to get them on board before inviting the congressional delegates to meet with local fishermen.

Town Administrator Kristi Eiane said Harpswell “has had some communication” with Maine’s floodplain management coordinator, but those talks have hit a dead end.

“We really have not been getting their attention, quite frankly, so I think this is the next step that needs to be taken now,” Eiane said at the meeting.

Haible, on behalf of the Planning Board, thanked town officials for their willingness to intervene and asked that they proceed with a sense of urgency.

“Keep us apprised of where we are,” she said, “and if we don’t hear from you, we’ll come back and I’ll be standing here again.”

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