Accessing the Maine Coast

As a user of waterfront land, what are my rights and responsibilities?

Unless otherwise posted, waterfront users (like wild shellfish harvesters, recreational boaters, and shore fishermen) have the right to be in the intertidal zone/ on the coast so long as they are engaging in fishing, fowling or navigation. This rule comes from a colonial ordinance that still stands. In Maine, private upland landowners own land to the mean low tide.

How can I/my group gain or secure access to private waterfront land?

How can waterfront users increase public access to the shore, either from land or sea?

Get involved at the local level. Look into when your local Shellfish Committee or Select Board meetings. These meetings are a great pace to better understand the decision making process and voice your access concerns. You can also support Land Trust organizations or groups such as the Maine Island Trail Association, whose work helps protect, maintain, and expand public coastal access for both land- and water-based users.

How can I best communicate my right to fish, fowl, and navigate in the intertidal to private coastal landowners?

What are my responsibilities as a realtor when it comes to disclosing access and features of a working waterfront that may be found on a property?

While it is not your responsibility to disclose features of a working waterfront to prospective homebuyers, it is important that they understand what it means to live on a working waterfront to ensure their continued happiness with their property. 

How do I find out if a property I am showing to potential buyers has access points or other working waterfront features on or adjacent to it?

There is no one best way to determine if a property you are helping a client buy or sell has access points through it or has other working waterfront features on or adjacent to it. When at the property be on the lookout for piers and wharves that are not listed on the property description. These may be public, meaning they are also publicly accessible. Municipal staff may be able to answer more questions about infrastructure use if infrastructure is present. 

There is also a chance that the property you are helping clients buy or sell adjoins more discreet forms of working waterfront, such as a working mudflat. Municipal and Department of Marine Resources maps can help you see if the intertidal areas near a property are conditionally approved or approved (meaning that the likelihood of seeing clam harvesters is high). Some municipalities have undertaken the process of mapping out traditional access points for walk-in intertidal harvesters. These maps will show you if the future landowner can expect a knock at their door, asking for continued access to their upland property to access the intertidal. You may also be able to learn more from the municipality in which the property is located about any aquaculture leases in the area. While these are not on shore, they are usually located near shore and may result in frequent boat access by the growers and holders of the leases. 

What resources are there for me to give to prospective homebuyers?

The towns of Harpswell and Gouldsboro, along with the Maine Coast Fishermen’s Association, have created guidebooks for new coastal landowners in Maine. These publications, called The Scuttlebutt, introduces new coastal landowners to the sights, sounds, and smells of living along a working waterfront. While these publications were created specifically for Harpswell and Gouldsboro, they could prove incredibly helpful for other coastal communities in Maine as well.

Scuttlebutt – Gouldsboro, How to live & work in a waterfront community. Gouldsboro Shore. November 2023.

Scuttlebutt – Harpswell, How to live & work in a waterfront community. Maine Coast Fishermen’s Association. January 2023.