Maine
Maine is at an impasse with towns that pass aquaculture restrictions
Towns up and down Maine’s coast have grappled for more than a decade with the changes that come with a growing aquaculture industry.
In the last several years, some have gone further, considering local ordinances meant to restrict state-issued leases for large aquaculture projects in their waters.
It has brought to the forefront tensions between traditional uses of Maine’s coast and the growth of aquaculture, an industry that has grown by about 2 percent annually for the last two decades and brings in more than $85 million in sales each year. It has also highlighted disagreements about which entity — the state or the municipality — has the authority over those uses, creating an ongoing impasse.
In Maine, the state Department of Marine Resources issues leases and licenses for various types of aquaculture projects, including oyster, scallop, mussel and fin fish farms. As part of that process, it accepts public comment and holds public hearings on the applications when residents request them, but makes the final decision on whether to grant a permit.
The department says it’s clear that state law gives it exclusive authority to lease coastal waters outside the intertidal zone, although towns can regulate shellfish harvesting inside that zone.
The agency’s website currently lists 149 active standard and experimental leases and 671 small, short-term limited purpose ones. Department data shows it has issued around 200 new limited purpose approvals yearly between 2017 and 2021, up from less than 50 a decade earlier.
But a statewide organization formed in 2020 believes that communities can control aquaculture projects off their shores and has been visiting towns for several years asking select boards to consider ordinances that restrict what it calls large-scale, industrial aquaculture projects.
Protect Maine’s Fishing Heritage Foundation argues that the state’s home rule laws give towns the right to control their coastal waters. It was among the groups that helped push back against the failed proposal by a Norwegian-backed company to start a large salmon farm in Frenchman Bay.
It now promises to cover any legal costs towns face if they enact an aquaculture ordinance provided by the foundation. Towns can also adjust that ordinance’s language to make different restrictions around whether leases are allowed, how big they can be and whether they require a local permit.
No towns have yet faced court challenges over their ordinances, and the state this week said it isn’t planning legal action against municipalities.
The towns of Cutler and Penobscot have approved permanent ordinances, while Waldoboro and Winter Harbor passed moratoriums that could be followed by ordinances.
Others have considered them or put in temporary moratoriums, including Damariscotta, Jonesport, Lubec and South Bristol, but stopped short of a vote. Some were concerned about opening themselves up to legal challenges.
Deer Isle voters were set to decide on such an ordinance at their annual town meeting this year, but local officials reversed course last week.
“This was a kind of roll out-roll back situation,” Town Manager Jim Fisher said.
The town’s legal counsel and the Maine Municipal Association warned Deer Isle about pursuing the rules due to conflicts with state policy, according to Fisher. The local marine resources committee later reversed its support. At a public hearing, some residents pushed back, while aquaculture lease holders said the current process is already lengthy. The Select Board unanimously withdrew the proposal.
Local officials might revisit the idea next year, Fisher said. But neighboring Stonington, which decided not to pursue the same ordinance two years ago, is less likely to, he said. The two towns try to keep the same marine resource policies.
It’s a different story in the nearby town of Penobscot, where aquaculture operations on the Bagaduce River, and the state leasing process for them, have long been controversial.
In 2024, voters approved an ordinance restricting leases, but the debate dates back more than 25 years, when residents formed the Bagaduce Watershed Association in 1999 because of their concerns about state aquaculture leases.
In 2023, the midcoast town of Waldoboro pushed for an even stricter version of the foundation’s ordinance, not allowing leases of any size on the Medomak River. Local officials were motivated by concerns that aquaculture would change conditions on the river and reduce soft shell clam populations or otherwise displace the roughly 150 clammers who make their living on the mudflats.
Advocates of aquaculture say it provides economic opportunity for working waterfronts and local communities. The heritage foundation agrees, Executive Director Crystal Canney said, but it only supports projects on a small, local scale.
“Maine is known for its independent working waterfront,” she said. “Large-scale aquaculture replaces that independent fishing model.”
Her foundation is focusing on individual towns because efforts to change state policy have been unsuccessful, she said. The foundation lists further concerns including department oversight of lease sites, potential environmental consequences of farming operations, sites owned by large, corporate operators outside of the country and what it sees as a lack of a long-term plan for Maine’s aquaculture future.
The Department of Marine Resources said it doesn’t plan legal action against any towns that adopt moratoriums or ordinances.
“State law is clear,” spokesperson Jeff Nichols said this week. “Under state law, the Commissioner of the Department of Marine Resources holds exclusive jurisdiction to lease lands in, on and under the coastal waters.”
The department has sent letters to towns saying as much, and said it’s working to expand its communication with towns about the leasing process. Nichols also said the public can give input on potential aquaculture sites. State decisions may require the lease holder to allow fishing onsite, and law says a lease can’t interfere with fishing or other local uses.
Maine
Citizen’s initiative wants to roll back recreational cannabis use in Maine
Maine
Maine Commission releases first recommendations to combat growing deed fraud threat
PORTLAND (WGME) — Maine has spent the past two years grappling with a rise in deed fraud schemes.
The CBS13 I-Team first began investigating after an elderly man didn’t receive his tax bill and learned someone had transferred his property without his knowledge.
Since then, multiple landowners have come forward saying something similar almost happened to them. Our reporting has uncovered for-sale signs posted on land, fake driver’s licenses and signed agreements to transfer deeds; all tied to scam attempts.
Maine has spent the past two years grappling with a rise in deed fraud schemes. (The Nathanson family)
The growing pattern prompted a state commission to issue new recommendations aimed at stopping the fraud.
Landowners say scam nearly cost them their property
Two summers ago, Cheryl and Ralph Nathanson learned their land on Little Sebago Lake had been put up for sale online.
“We could have lost our property,” Cheryl Nathanson said.
The Nathansons, who live in Connecticut, were stunned when they discovered a fraudulent listing for their Maine plot.
“We notified the police and they said they can take a report on it but that there’s nothing they could really do,” Ralph Nathanson said.
Police told them it was a classic case of deed fraud: scammers posing as property owners, listing land they don’t own and disappearing with the cash.
The couple was advised to sign up for property alerts through the Cumberland County Registry of Deeds, but quickly learned those alerts offered little protection.
“You can register for the deed fraud but it only informs you, by email, after the deed has been transferred. So it’s basically worthless,” Ralph Nathanson said.
A realtor lists their property…. Again
The following summer, the Nathansons discovered a real estate sign had been placed on their land.
“I was notified by a neighbor that there was a for-sale sign, a realtor for-sale sign, on our land,” Ralph Nathanson said.
A realtor from Old Orchard Beach had unknowingly entered into an agreement with someone impersonating the couple.
“Some of the information was correct, some of it wasn’t. You can get anything off of Google,” Cheryl Nathanson said.
Ralph Nathanson remembers confronting the agent.
“You are selling my property and I’m not selling the property,” Ralph Nathanson said. “The phone went silent.”
Despite the ordeal, the couple believes they were lucky to have seen the sign, knowing how bad these schemes can get.
State commission concludes work on deed fraud
“Currently, you all might be landowners and your land might be at risk, and you might not know right now that somebody has sold your land,” Jane Towle with the Real Estate Commission said, during the final meeting of the Deed Fraud Commission.
This fall, a state commission of stakeholders convened to examine ways to prevent deed fraud in Maine.
The Nathansons urged the commission to go beyond awareness campaigns.
CBS13 I-Team Reporter Stephanie Grindley: “You think the state should act beyond just awareness?”
Cheryl Nathanson: “100%.”
Ralph Nathanson: “Absolutely. I think the state of Maine has a responsibility to protect landowners.
But not everyone in the meeting agreed on the scope of the problem.
Attorney General calls deed fraud a low-priority scam
In the final meeting, Attorney General Aaron Frey remained staunch in his skepticism, saying complaints of deed fraud are still relatively rare.
“What we’re seeing for people getting hurt and losing money, this would probably not be the thing I want to highlight over other scams that are happening right now that are actually costing people their retirement savings,” Frey said.
Sen. Henry Ingwersen of York, who spearheaded the commission, sat down with the I-Team following the final meeting.
Grindley: “During the meeting, I did hear the Attorney General essentially call this a non-issue. His office isn’t getting complaints. He doesn’t see a bunch of consumers loosing money to this. Has that changed your stance?”
Ingwersen: “We’ve had three that have really been highlighted just in southern Maine. We haven’t heard a lot from around the rest of the state, but there has been some, so I think that even though it’s rare, we really need to address it.”
“I was pleased that we did come up with a couple of recommendations that we’re going to put in the report,” Ingwersen said.
Key Recommendation: Verify the seller’s identity
The first area of agreement among most, not all, stakeholders would legally require listing agents to verify a seller’s identity.
“The way it is now, it’s best practice. And a lot of professionals are doing best practice,” Ingwersen said. “The red flags in deed fraud are cash sale, land only, a quick sale at below-market value If we had realtors really paying attention to those red flags but also a policy that would require them to check the identity of the fraudulent seller, or of the seller, thoroughly, I think it would prevent, even if it prevented one instance of deed fraud, I think it would be very helpful.”
The commission did not outline exactly how identification should be verified.
“We didn’t really specify what that identification process was going to be. We’re leaving that up to rule making,” Ingwersen said.
Second Recommendation: Easier path to undo a fraudulent deed
Currently, the only way to reverse a fraudulent deed in Maine is to go to court.
The commission proposes allowing an attorney to file an affidavit with the registry.
“Allow an attorney to file an affidavit with the deed recorder that would allow the deed to be, the fraudulent deed, to be nullified in a way that is a little bit quicker than we currently have,” Ingwersen said.
The recommendations will now head to the Legislature’s Judiciary Committee. Any legislative change likely wouldn’t take effect until 2027, if the proposals make it into a bill and then survive a vote.
“I think we made some good progress, but I don’t think this is going to go away. I think this will continue,” Ingwersen said.
Landowners fear fraud will try until it succeeds
“We were thinking, do we take a loan out on it just to secure it?” Ralph Nathanson said.
As the legislative process begins, the Nathansons say Maine cannot wait. They fear it’s only a matter of time before a sale of their land goes through.
“To lose land like this or to find out that their land is now gone, I just can’t imagine that,” Ralph Nathanson said.
Ideas Left on the Table: Title Freeze and National Guidance
Several proposals failed to gain traction, including a “title freeze.” a concept similar to a credit freeze that would allow a landowner to lock their deed from unauthorized transfers. Maine could have been the first state to pilot it, but members said they lacked enough information.
Instead, they pointed to national group studying deed fraud. The Uniform Law Commission is drafting model legislation that states, including Maine, could adopt to better protect landowners.
Maine
Charter Communications lays off 176 Maine employees
PORTLAND, Maine (WGME) — Charter Communications, which owns Spectrum, is laying off 176 workers in Maine.
A company spokesperson said 176 employees were informed on Wednesday about the layoffs.
Charter Communications said it is transitioning the work done at the Portland call center to other U.S.-based centers effective immediately.
“Employees may relocate in their current role to select customer service locations and are eligible for relocation benefits. They will continue to receive regular pay for 90 days; severance and eligible benefits will begin afterward for those who do not relocate. Impacted employees may also apply for any open role for which they are qualified,” a company spokesperson said.
According to the Press Herald, the layoff is about a quarter of their Maine workforce.
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