Chapter 4: Agricultural and Forestry Resources

Purpose

Maine has a long history of small-scale farming and agriculture. Landowners in the vicinity of Ogunquit have had a tradition of part-time subsistence operations and sale of surplus goods, along with small-scale commercial farms who sell to local markets. In addition to economic benefits, farmland and forested areas provide scenic value, wildlife habitat, and passive recreational opportunities for area residents. This chapter will provide an overview of land within the town dedicated to farming purposes, including land trust areas, and details on how such land is regulated on a local and state level.

Landowners in Ogunquit have had a tradition of part-time subsistence operations and sale of surplus goods, along with small-scale commercial farms who sell to local markets.

Overview

Ogunquit’s early economy was based upon fishing, lumbering, shipbuilding, and homestead farming. During the 1880s, summer home development began to supplant farms along the shore in Ogunquit. In the late 19th century, developers, known then as “capitalists,” were buying up shoreland from local owners, who found it amazing that such poor, rocky, sandy land was desirable simply because of its view. Early surveys found that only 12% of the land was considered suitable for agricultural use.

Agriculture and Forestry in Ogunquit

In Ogunquit, there have been fewer than a dozen workers in the Agriculture and Forestry sectors for many years. Even within the wider Wells Labor Market Area, which includes Ogunquit as well as adjacent communities, the most recent data available shows only 47 employees. The only land available for agriculture and forestry within the town lies west of or adjacent to the Maine Turnpike, where there are significant tracts of vacant, forested land (see Map 1). River Lily Farm on North Village Road has been the only site of commercial farming and forestry (primarily Christmas trees) in Town for many years and operates a farm stand onsite. While this chapter focuses on lands dedicated to commercial farming, opportunities for community gardening exist within the Town as well: GWRLT offers sixty 20’ x 25’ community garden plots for rent at its Beach Plum Farm Preserve on Route 1, a tradition begun by Roby Littlefield many years ago. Additionally, the great variety of building styles and interest in gardening make Ogunquit unique as people build around the rolling curves and rock formations that define its topography. The Select Board has recently approved the establishment of a farmer’s market in Town.

Regulation of Agriculture and Forestry Resources

State Forestry Regulations

Maine’s Tree Growth Tax Program, a Statewide property tax program, incentivizes the encumbrance of forested areas with a designation that removes the ability to develop the land, but allows limited harvesting of tress for use in commercial products; in return, owners receive a property tax subsidy. To enter the program, the following criteria must be met:

Landconsists of at least 10 forested acres;
Landis encumbered by a Forest Management Plan;
ForestManagement Plan must be updated and recertified every 10 years; and
Typesof forest production permitted (such as maple syrup, firewood, Christmas trees).

There are no large-scale commercial forestry activities in Ogunquit.

There are no large-scale commercial forestry activities in Ogunquit. Most tree removal is done to clear land for development of to remove damaged trees. Forest Management activities in the Shoreland zones must comply with the Maine Forest Service regulation. Six properties within Ogunquit are included in the Tree Growth Tax Program, totaling approximately 283.12 acres. This comprises 37.9 acres of softwood, 217.2 acres of mixed wood, and 28 acres of hardwood.

Local Forestry Regulations

Zoning Code Section 225-9.21, Timber harvesting outside of Shoreland Zone, states:

Forest management activities outside of the Shoreland Zone shall meet the following standards:

Within the public right-of-way of any new or proposed entrance onto a public way, a culvert approved by the Director of Public Works may be required to ensure that the natural flow of drainage water will not be interrupted and to protect the shoulder of the public
Whereyarding and loading operations are conducted within 50 feet of the right-of- way, all debris remaining after such operations shall be

removed and the ground restored to its original contour.

Notificationmust be made to the Maine Forest Service by the owner, if
Wheneverprovisions of this chapter are less stringent than the corresponding provisions of applicable federal, State, or municipal law or regulations, the more stringent provisions

Land Trust Areas in Ogunquit

The GWRLT has landholdings within the Town located at Beach Plum Farm and the recently preserved Old Boston Land. The York Land Trust, located on the extreme west side of Town, is part of the Mt. Agamenticus conservation area. The 2003 Comprehensive Plan set as a goal that the Town would act to protect land in the less populated areas west of Route 1 and would continue to partner with other towns and organizations to protect and even acquire open areas and wildlife areas. It also set a policy to require that timber harvesting and clearing be associated with best management practices to minimize the impacts of these activities. It set as a priority that new development should prioritize protecting valuable agricultural and forested land.

Local Agriculture Regulations

The Ogunquit Zoning Ordinance establishes a Farm (F) zoning district, the purpose statement for which reads as follows: To provide space for farming in the

Town of Ogunquit in locations capable of conveniently servicing the needs of such establishments and preserving open space in rural areas of the community without impacting negatively the established character of the Town or adjoining zoning districts.

For Agricultural uses, the Zoning Ordinance sets forth the following regulations in §225-9.2:

All spreading or disposal of manure shall be accomplished in conformance with the Maine Standards for Manure and Manure Sludge Disposal on Land, published by the University of Maine and Maine Soil and Water Conservation Commission in July 1972.

For Animal Husbandry uses, in §225.9-3:

All pasture, barns, barnyards, and other areas where the livestock, animals, or fowl arekept, housed, fed, or cared for shall be a minimum of 100 feet from the nearest dwelling other than the applicant’s.
Uncovered manure shall be kept 150 feet from the nearest dwelling other than theapplicant’s and 300 feet from any body of water or drinking water
All feedand grain shall be stored in rodent-proof
All paddocks, pastures, barnyards, or other enclosures must be adequately fenced tocontain livestock, animals, or

While there is only one commercial farm and no commercial forestry in Ogunquit, the Town values the open space provided by that farm and the community gardens, as well as the environmental and recreational advantages of the wooded lots.

For Forestry, the Zoning Ordinance, in §225-9.21, states:

Forest management activities outside of the Shoreland Zone shall meet the following standards:

Within the public right-of-way of any new or proposed entrance onto a public way, aculvert approved by the Director of Public Works may be required to ensure that the natural flow of drainage water will not be interrupted and to protect the shoulder of the public
Where yarding and loading operations are conducted within 50 feet of the right-of-way,all debris remaining after such operations shall be removed and the ground restored to its original contour.
Notificationmust be made to the Maine Forest Service by the owner, if
Wheneverprovisions of this chapter are less stringent than the corresponding provisions of applicable federal, state, or municipal law or regulations, the more stringent provisions

Local Regulatory Bodies

The Town’s Codes and Planning office, comprised of the Director of Codes/Health Officer and Board Recording Secretary, serve as the professional staff charged with working with architects, developers, engineers, regulatory boards, and the public to ensure that growth and development within Ogunquit takes place in accordance with all applicable town codes. Southern Maine Planning and Development Commission reviews land use applications in coordination with the Planning Board. Codes and Planning staff have the ability to conduct staff approvals for certain categories of uses, such as single-family homes and other low impact uses, allowing them to proceed to a building permit application without review by the Planning Board.

The Town values the open space provided by the farm and community gardens.

The Planning Board is a five-member appointed body tasked with administering the Town’s zoning ordinance, site plan standards, and subdivision regulations. Actions carried out by the Planning Board include site plan review, subdivision review, design review, and recommendations on zoning applications.

In 2011, the Town created a Conservation Commission, organized under Town Code Chapter 49. Article 49-6 sets out its duties as follows:

Keeprecords of its meetings and activities and make an annual report to the Select
Conductresearch, in consultation with the Planning Board, on undeveloped natural areas and open spaces within the Town of

Seekto coordinate the activities of conservation bodies outside of the Town of Ogunquit organized for similar
Keepan index of all open areas within the Town of Ogunquit, whether publicly or

privately owned, including, but not limited to, wetlands, meadows, and forests, for the purpose of obtaining information relating to the proper protection, development, or use of those open areas.

Article 49-8, sets the powers of the Commission, which includes among others:

Recommend to the Town Meeting acquisition of lands for use as conservation land or awildlife commons, as defined by this chapter and according to the procedure set forth

When authorized by the Select Board, manage conservation land or wildlife commons acquired by the Town of Ogunquit for conservation purposes.

Finally, Ogunquit has created a Sustainability Committee, which has focused on preserving the future of the Ogunquit River estuary and has highlighted the importance of our forests in protecting wetlands within the town.

Goals, Policies and Strategies

Goal

Toprotect and preserve Town farms and open space that could become
Toprotect remaining forested areas from development that could threaten that
Toplant more trees on Town owned properties and encourage residents to do the

Policies:

Tosupport, safeguard and preserve Town farms and open space that could become
Tosafeguard remaining forested areas from development that could threaten those
Toencourage the planting of more trees where feasible.

Strategies:

Priority: 1-5 with 1 being the highest priority.

Description	Priority	Responsibility
Limit development along streams/rivers.	1	Planning Board
Analyze and make recommendations for protecting more land in Shoreland zones.	2	Conservation Commission
Limit non-residential development in critical rural areas to natural resource-based businesses and services, nature tourism/outdoor recreation businesses, farmers’ markets, and home occupations. (Revise OZO contract zoning).	3	Planning Board
Amend land use Ordinances to require commercial or subdivision developments in critical rural areas, if applicable, to maintain areas with prime farmland soils as open space to the greatest extent practicable.	4	Planning Board
Analyze and make recommendations regarding cutting trees, including enforcement measures.	5	CEO
Analyze and make recommendations to retain and/or attract more farms.		Sustainability Committee
Add language to OZO 225-9.2 requiring the Planning Board to consult with the Maine Forest Service district forester when developing any land use regulations pertaining to forest management practices as required by State statute.		Planning Board
Add language to OZO 225-9.19 to permit land use activities that support productive agriculture and forestry operations, such as roadside stands, greenhouses, firewood operations, sawmills, log buying yards, and pick-your-own operations.		Planning Board
Include agriculture, commercial forestry operations, and land conservation that supports them in local or regional economic development plans.		Town Manager
Consult with Soil and Water Conservation District staff when developing any land use regulations pertaining to agricultural management practices.		CEO
Encourage owners of productive farm and forest land to enroll in the current use taxation programs.		Town Assessor
Include agriculture, commercial forestry operations, and land conservation that supports them in local or regional economic development plans.		Town Manager