Clearcutting 2010: A Blatant Violation on Long Lake in Naples, Maine

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May 5, 2010
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May 9, 2010

Clearcutting 2010: A Blatant Violation on Long Lake in Naples, Maine


Clearcut Violation on Long Lake Property in Naples
If you haven’t kept up with the situation in our Maine Lakes News Digest, a blatant shoreland zoning violation has taken place on Long Lake in Naples.
Peter Lowell, executive director of Lakes Environmental  Association, explained it to me this way in a recent e-mail: “Early this spring, over 120 feet of shoreline on John Chase’s property on Long Lake was clear cut, stumped and leveled. The lot was previously undeveloped and fully forested with a mix of large evergreen and hardwood trees. After being alerted, the local Code Enforcement Officer [of Naples] and the Maine DEP staff walked the site with the landowner. A plan was then developed by the landowner to re-vegetate the property with three foot hemlocks, six foot deciduous trees and a mix of shrub species all under 18 inches in height. The plan also calls for all the shrubs to be cut back 1/3 in height at the time of planting. The hemlocks are also primarily on the side of the cleared area, leaving a fairly open view of the water.”
Storm water runoff is the main way in which phosphorus enters the lake. Phosphorus makes algae grow, reducing the clarity of the water, causing an unpleasant appearance and depleting the oxygen supply sufficient to maintaining a healthy fishery. Directing runoff into a vegetated area to slowly percolate into the lake allows natural factors to remove the phosphate.
Healthy buffers are our last defense in the effort to preserve water quality. These riparian buffers are vegetated zones of land rather than green golf-course like lawns adjacent to the water. The buffer acts as a filter by absorbing water that is often laden with pollutants, sediments and nutrients that are harmful to the lake. Vegetation also helps control erosion.
According to the Maine Department of Environmental Protection’s Web site  “In order to maintain water quality, protect wildlife, and to preserve the natural beauty of shoreland areas, it is important to maintain naturally vegetated shoreland areas. Studies have shown that the removal of natural vegetation and the subsequent conversion of the land to unvegetated surfaces, lawns, or other uniform vegetative cover fails to adequately protect water quality, mostly due to phosphorus and nitrogen runoff (nutrient runoff). An increase in the concentration of phosphorus within a lake of just 1 part per billion can result in a noticeable decrease in water quality.”
The situation on Long Lake goes beyond the immediate shoreland buffer. The unstablized area beyond the 100-foot setback area will also impact the buffer’s effectiveness. It will take three to five years at least for any tree canopy and ground cover to become fully established and stabilized on this property.
Is the plan to mitigate this violation appropriate? Look at the photo above. Will the forest be re-established? Not for a long, long time.
The Naples Shoreland Zoning Ordinance contains the following: “All new construction and development shall be designed to minimize storm water runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltrations of storm waters.”
Under “Clearing or Removal of Vegetation for Activities Other Than Timber Harvesting,” the Ordinance states: “Selective cutting of trees within the buffer strip is allowed provided that a well distributed stand of trees and other natural vegetation is maintained.” And further on: “In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath.”
The Naples Selectboard needs to sign off on a mitigation plan and consent agreement. Peter Lowell says they have expressed strong dissatisfaction with the current replanting plan. The DEP and Lakes Environmental Association is working with them in an effort to rectify this and achieve the goals set forth in the DEP’s guidelines, state law and the Naples Shoreland Zoning Ordinance. These groups are seriously committed to protecting water quality.
Apparently, the current owner either is uninformed, ignorant or careless about good lakefront land stewardship. Respecting the lake and protecting the value of your lakefront property is an investment.
Natural beauty and clean, clear waters are a commodity in Maine. When you purchase lakefront property, you should have a consultant well versed and familiar with the Maine DEP and town regulations assist you in determining what you can and cannot remove from your lot. Think of the long-term viability of your plan. Think about protecting and improving the water quality of your lake and its watershed for the benefit of all.

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