Programs: Acquiring Access

What existing programs can help with the transfer of land that includes access rights?

Land for Maine’s Future Program

The Land for Maine’s Future Program was created in 1987 in response to concerns over the loss of critical natural areas and wildlife habitat along with traditional access to undeveloped lands for hunting, fishing, and outdoor recreation. To date, the Land for Maine’s Future Program has funded the protection of more than 445,000 acres of Maine’s best natural areas, farms, and recreation areas. The program also seeks to protect public access to water for fishing, boating, and swimming. Working with other state agencies, numerous local governments and charitable nonprofit groups, the Land for Maine’s Future Board adheres to a “willing seller only” policy. 
Contact: Department of Agriculture, Conservation and Forestry

Working Waterfront Access Protection Program (WWAPP)

As a part of the Land for Maine’s Future Program, the Working Waterfront Access Protection Program (WWAPP) provides public funds to help acquire land that will preserve access for commercial fishing uses. Financial awards may be used for projects that include land used for walk-in and small boat access for worming, clamming and similar harvesting activities; property dedicated in entirety to aquaculture and commercial fisheries use; or mixed use properties where the portion used to support commercial fishing business can be clearly delineated and secured. There is a strong program preference for projects that protect and secure use of existing, established fishing access sites and facilities over projects that might involve development of new access sites and facilities. These funds are available to private businesses, cooperatives, municipalities, or other qualified organizations for projects that will provide permanent waterfront access to commercial fisheries business.

As a condition of any acquisition or grant made under the program, the property may not be used, altered or developed in a manner that precludes its use by aquaculture and commercial fisheries businesses. This protection is to be assured through a Working Waterfront Covenant or other appropriate legally binding deed restriction. The purpose of the Working Waterfront Covenant is “to control, either directly or indirectly, the use, ownership and sales price of working waterfront real estate for the primary purpose of making and preserving the permanent availability and affordability of that real estate for commercial fisheries businesses.” The public interest is in protecting or enhancing the aquaculture and commercial marine fisheries or related businesses in the state. As an additional condition, the state retains a permanent right of first refusal on any property receiving grant allocations.

More information is available at www.wwapp.org.

Land Trusts

Land Trusts and conservation organizations can serve as third party interests in addressing access issues. For more information, contact Maine Coast Heritage Trust and Maine Land Trust Network, the Land Trust Alliance, and The Trust for Public Lands.