An Act to Protect Sand Dunes on Sears Island and to Establish Criteria for Legislation Regarding Land Development
Summary
LD735 would make several changes related to land development on Sears Island in Searsport and to the way future land-development legislation is handled. The bill repeals existing statutory provisions that allow the Department of Environmental Protection to consider a permit for an offshore wind terminal on Sears Island if it would affect a coastal sand dune system, and it repeals language directing the Department of Transportation and the Maine Coast Heritage Trust to protect a roughly 10-acre parcel in the island’s northwest portion that includes about 1.5 acres of sand dunes.
The bill also adds new restrictions on development-related legislation. It would require that any bill proposing a land-development measure in conflict with U.S. Environmental Protection Agency regulations be sponsored only by a legislator representing the affected district and be enacted only by a two-thirds vote of the Legislature. In addition, it would prohibit state authorization of any development on Sears Island unless the Governor first establishes an indigenous lands protection committee and obtains certification that the area to be developed does not contain a site sacred to Indigenous people in Maine.
Impact
If enacted, LD735 would alter Maine law governing Sears Island by removing specific statutory pathways and conservation directives tied to an offshore wind terminal and sand dune protection. It would also impose a new procedural hurdle for certain land-development bills statewide, limiting sponsorship to affected-district legislators and requiring a supermajority vote when the proposal conflicts with EPA regulations. The bill would further create a new prerequisite for any state-authorized development on Sears Island by requiring an Indigenous lands protection committee and certification regarding sacred sites, affecting state agencies, the Governor, tribal governments, and future developers.
Sentiment
The recorded votes suggest the bill faced significant opposition and did not advance. The House voted 81-65 for an “Ought Not To Pass” majority report, and the Senate later accepted that majority report by a 19-14 vote. With no committee transcript available, the available legislative history indicates the bill was generally viewed unfavorably by a majority of lawmakers.
Contention
The main points of contention appear to be the bill’s effort to roll back existing Sears Island protections and its broader attempt to constrain future land-development legislation. Supporters likely framed the measure as protecting sand dunes and requiring stronger review of Indigenous sacred sites, while opponents appear to have objected to repealing conservation-related provisions, limiting the Legislature’s ability to consider land-use measures, and creating a special supermajority requirement tied to EPA conflicts. The Indigenous lands protection committee requirement and the restrictions on offshore wind terminal development on Sears Island were likely especially sensitive issues for environmental, tribal, and development interests.