By Maggie Shannon
Lakes In Trouble
Despite many state programs and strenuous efforts by lake and watershed
managers, scholars, nonprofits and citizen lake groups, Maine
lakes are on a stubborn downward slide. 26 of our great ponds failed
to meet federal Clean Water Act standards in 2005; today that number
has risen to 32 (23%+). 239 lakes are now classed as being “at
risk from development,” a comforting phrase that masks the
truth: if we don’t change our habits soon, Maine will face
239 expensive restoration projects around 2030 CE.
Public Enemy #1
Maine Department of Environmental Protection (MEDEP) has estimated
that at least 60% of lake degradation is caused
by erosion and sedimentation from improperly maintained gravel
roads, most of
which are private. To stem this tide of destruction, the department
recently proposed legislation to encourage proper maintenance of
private roads in lake watersheds.
What the State Suggests
Presently, the legislation reads, “A municipality
may adopt an ordinance that includes an assessment of an annual fee to property
owners whose properties are accessed by a private road if
the private road:
- Services three or more seasonal
or year-round dwellings;
- Is located in whole
or in part within a lake watershed; and
- Is not constructed
or maintained in accordance with road standards for the protection of lake water quality as
provided for in the municipal ordinance.
Also, the department will develop guidance
on appropriate road standards. The amount assessed per lot must be
based on the estimated cost to upgrade the road to meet municipal
standards. Funds generated by the assessment must be held in a municipal
account and used to pay for upgrading private roads that were the
basis for the assessment and for the municipality’s administrative costs, including
the cost of inspecting the private roads.”
Efficacy and Fairness
Maine lakes are undeniably entering crisis. Though it may take 30
years for its full extent to be obvious, real damage is happening
now, across the state, everytime it rains. As
the largest single source of lake pollution, gravel roads should
be a priority, and
DEP’s bill hits the mark in this respect, but COLA doesn’t
view it favorably from the standpoint of efficacy or fairness.
We present our point of view here to stimulate analysis and problem
solving.
Better Relationships Should Be a Goal
The bill’s mechanism may raise conflict between
lakefront property owners and municipalities, two groups which must cooperate to achieve
the state’s goal of stable or improving waters. The relationship
between these groups is already complicated by honest differences
and past history. Trust is an issue: towns often view seasonal residents
as “outsiders;” and seasonal residents resent not being
able to influence how their tax money is spent.
Lakefront dwellers
know enforcing Shoreland Zone Regulations protects their investment
and are disappointed if their town takes a laissez-faire approach
to this task. Lakefront taxpayers concerned about stormwater pollution
from badly maintained town roads won’t view towns as reliable
agents of state private road policy. Another problem is that increasing
the financial burden on an already heavily taxed group may stimulate
the division and/or commercialization of shorefront parcels and increase
stress on lake ecosystems.
In sum, this is a tough problem that needs
an effective remedy; the proposal carries negatives and won’t
help relations between critical partners.
Should one user group carry the water for all players?
Self interest motivates everyone. Obviously, people with lakefront
property have strong vested interests in clean lakes, but they
aren’t the only group demanding good water quality. Other,
sometimes larger, groups also have strong personal and financial
interests in good lake quality. These include recreationists who
want swimmable water and enjoyable vacation days; the 680,000 Mainers
who want safe drinking water from lakes, anglers and suppliers
of fishing gear and bait who want lakes and streams to support
healthy fisheries; merchants, developers and marinas in lake communities;
and the eco-tourism industry which wants to market Maine’s
quality natural resources to the world.
Other Stakeholders
Towns with lakes are stakeholders, also, since their tax revenues
depend to an extent on water quality. In point of fact, some lake-rich
towns collect 80% or more of tax revenues from lakefront property
owners. What’s the quid pro quo? Historically, towns maintained
many of Maine’s private roads, but were excused from this
responsibility by a Law Court ruling which determined that the
public interest didn’t require well-maintained roads for
emergency access to remote homes. We agree, but wonder if rescue
access is the only pertinent issue attached to private road maintenance
in a state with 6,000 non-renewable lakes. Does public interest
encompass protecting the one compound on which all life depends?
The biggest
stakeholder of all is Maine. One third of our lakes are publicly
owned (the state owns the land beneath them and holds these
2,314 great ponds in trust for its citizens). As keeper of this trust,
Maine is required by law to see that these lakes support drinking
water needs, aquatic life, and contact recreation. The great ponds
currently generate over $3,500,000,000 in spending and 52,000 jobs
each year. Their stability is compromised and their future uncertain.
What role should the state play in their protection?
DeNile Ain’t
just a River in Egypt
To solve gravel road pollution we’ll need to accept the implications
of present conditions and future predictions for Maine lakes. We
need to tackle difficult questions and refuse palatable fixes. We
should reject simplistic or stovepipe thinking and search for ideas
from those more populous lake states who’ve traveled this path
before us. Integrity will demand good data, active engagement of
all major stakeholders, and an honest accounting of responsibilities
that come with rights.
Make your views known; come to the Conference!
COLA will participate in developing the this
legislation. We’ll
be guided by our mission to promote the protection of the water quality
of Maine lakes and ponds, our assessment of the public good, and
by your input. We need to hear from you. Write or phone, or better
yet, attend the Maine Lakes Conference at Colby on June 21. We’ll
have a session where you can explore the issues connected to gravel
roads and help find a solution. Be there!
