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?

• Build relationships with the upland landowners. Some coastal property owners may not be aware that waterfront users have the right to fish, fowl, and navigate in the intertidal zone even if they own the property. Additionally some coastal landowners can get wary of strangers being in what they perceive as their backyard. These relationships can often lead to long term, sustained access points.
• Enter into a private agreement with the landowner. This is where building a Contract for Access may be of use. 
• Make sure your local Shellfish Committee knows if you are experiencing a lack or loss of access points. Even if you are not intending to engage in shellfishing activities, many Shellfish Committees are having discussions about access that may be able to benefit those engaging in other activities. 
• In general, the holder or owner of an easement is entitled to use of land owned by another. Private individuals and the public can acquire an easement through several methods, including purchasing the right or through a legal doctrine known as prescription. Prescription allows a non-property-owner to acquire a legal interest in or over another’s property if the non-property-owner’s use of the property is longstanding (20 years or more), continuous, against the wishes of the owner (or adverse to the owner), and where the owner either knows or should know of the non-owners use.

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.

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

• Understand your rights and responsibilities as a user of the intertidal and be ready to explain to private landowners.
• Ask to access upland private property if you need to walk across someone’s land to access the intertidal.
• Understand that many private land owners may not be aware of the public’s right to fish, fowl and navigate in the intertidal. This might mean that they may be confused or upset when they see you on what they think to be their private property. Try to interact with property owners with a calm explanation of your rights to the intertidal.
• Be on the lookout for coastal landowner appreciation events in your town to make connections and build relationships. Often landowners appreciate it when they know the faces of the folks who will be in the intertidal land that abuts their property.

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.