OPINION | We must protect traditional public access to Biddeford’s beaches

In a recent letter sent to the Biddeford City Council, a coastal resident asks city officials to remain vigilant in protecting and preserving public beach access.

By MARK ROBINSON | Biddeford

A couple weeks ago, I stopped in to see Ben Ford, co-founder at Archipelago Law and lead attorney on a pending [public] beaches case still waiting for a decision by Maine’s Supreme Judicial Court.

I’ve been helping Ben and his law partner Sandra Guay with this case since the beginning of this decade.

Ben’s updated prediction for a decision is perhaps October, but as always, there’s just no telling. However, an interesting tidbit. He told me that should the Court re-affirm private ownership down to the low tide mark at Moody Beach, the next step is likely to be an effort to have the Maine Legislature give coastal municipalities the power to tax oceanfront property to the low water mark.

In a 2023 news story, Ford said, “So long as they say they own the land, they should pay taxes on it. You shouldn’t be able to call the police to escort grandparents and children off your beach unless you’re paying taxes on it.”

Oceanfront property owners counter by acknowledging that they own the property, but their property down to the low water mark has no value because property line pins cannot be set when the tide surges over that property twice a day. You can’t build on it.

That’s why in an earlier communication to you, I sent a copy of the appraisal that the town of York did for Long Sands Beach. The value for wet sand they reached was about $95,000 an acre.

Of course, if the oceanfront owners are correct and the land down to the low water mark has no value, then they are due no compensation when municipalities acquire that land for their citizens by eminent domain.

Hopefully Biddeford never has to deal with these issues because the Court will rule that all Maine beaches and intertidal lands are owned in trust by the state of Maine, and people are free to go to the beach — any beach. (Fingers crossed.)

Access to coastal lands

Access to coastal lands is a different but closely related issue.

First, as a homeowner at Fortunes Rocks whose property tax bill from the city of Biddeford continues to skyrocket, I have to tell you that my blood was boiling as I watched a recent city council meeting.

A woman from Biddeford Pool was whining about how much money she spends to beautify her property, and she was none too subtle in her insinuation that as a result she’s entitled to a significant degree of exclusivity over there at “The Pool.”

Clearly, in her mind, the hoi polloi should be discouraged from enjoying some of Biddeford’s spectacular natural resources.

Please always reject that line of thinking when making decisions as a Council. Thank you.

I have attached a few photographs taken while biking at Granite Point and Biddeford Pool, and one screenshot that appeared online in the past few days.

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“Granite 1” and “Granite 2” are photos taken where the beach washed out in those two ferocious storms in January 2024. The same spot where taxpayers spent mountains of cash repairing the road and the granite wall bordering the beach. Signs intended to intimidate have since gone up, posted at public rights of way that citizens have used for decades to access the beach at Granite Point.

“Hattie’s” was taken at the end of Mile Stretch Road, behind the building where I used to work, when it was known as Hattie’s Deli.

Before that, in the ‘50s, ‘60s and early ‘70s, it was known as Marshall’s Drive-In.

That land is intertidal land. It’s often wet, and as everyone knows, when the tides are running really high, that land is covered in seawater. Nobody ever walks on the land, but that totally unnecessary fence went up a couple years ago, out of nowhere. It’s making a statement.

Also making a statement is the sign depicted in a recent social media post about Hills Beach, right next to another long-established right of way.

**A RECENT SOCIAL MEDIA POST** by Eric Graffam raised new concerns about public access to Biddeford’s beaches.

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I saw this post online a few days ago. I understand that Mayor Liam LaFountain took action by contacting the city’s public works department and that the sign will come down. Bravo.

The overall point I’m trying to make is clear.

Anyone can put up a sign. All along Maine’s coastline the effort to intimidate and bully is ongoing and relentless. The city of Biddeford is by no means immune to these types of tactics.

Rights of way that were established over many, many decades have immense value to Biddeford. A systematic effort to put up signs and make those rights of way disappear should not be tolerated.

I have copied former Mayors Bonita (Belanger) Pothier and Alan Casavant to this letter, because I have previously spoken to them about protecting access to Biddeford’s natural resources for Biddeford’s citizens.

I have also spoken to Mayor LaFountain. I know all three of them are very concerned. Maine’s coast is indeed under siege from people who have a lot of money and will not stop in their quest to expand coastal exclusivity. Since we are aware of that, I hope we pursue all practical measures to stop this from happening.

Thank you for hearing me out. I leave you with this, an out-of-stater and oceanfront property owner passionately stating her case that, “We do have the right to not let people sit.” https://www.facebook.com/reel/381000764881684

Last note: I saw the new bike racks at Fortunes Rocks yesterday. Way to go Councilor Beaupre, thank you for leading the charge.

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ABOUT THE AUTHOR | Mark Robinson is a lifelong Biddeford resident and an outspoken advocate for public access to Maine’s coastal beaches.

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