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Plum Creek may own the land, but Mainers should have a say in its development.

The development proposal that Plum Creek Real Estate Investment Trust has submitted to the Land Use Regulation Commission is likely only one of many that will impact the Moosehead Lake region over the next few years. Evaluation of the Plum Creek proposal will establish an important precedent that will set the future course for the entire Maine Woods. Now is the time for Maine citizens to consider the appropriate balance between our rights and the rights of private property owners who wish to develop land.

All Maine citizens are in a very real sense property owners, whether we hold the deed to any particular piece of land. We own the state’s public lands, its waters and its wildlife. When a company seeks to develop its land, we should bear in mind that we, the citizens of Maine, own the lakes and rivers whose shores will be developed, and we own the fish swimming in them. We own the moose, deer and birds that occupy the proposed house lots. Private property owners have certain rights. But those rights must be weighed against the public property rights of Maine citizens.

LURC’s criteria for evaluating development plans, such as the one proposed by Plum Creek, emphasize the responsibility of private landowners to respect the rights of Maine citizens. In order for such a development plan to be approved, it must strike “a reasonable and publicly beneficial balance between appropriate development and long-term conservation.” The plan must benefit not only the private property owner, but also Maine citizens, the state’s public property owners, as well.

When Plum Creek bought the land it now seeks to develop, the land was zoned for timber harvesting and was accordingly purchased at a low price, roughly $200 per acre. Plum Creek has the right to harvest timber from this land, but it does not have any inherent right to develop the land. Plum Creek does have the right to ask LURC for a zoning change that would allow development. However, as LURC recently noted in its decision to deny a development proposal for Burnt Jacket Mountain, “rezoning is not an entitlement.”

Land zoned for development is worth much more than land zoned for timber harvesting. A back lot from Plum Creek’s earlier development at First Roach Pond is on the market for over $22,000 per acre – more than 100 times what Plum Creek paid when it bought the land in 1998. Approval of Plum Creek’s rezoning request would amount to a huge financial windfall for Plum Creek. In return, the state would require compensation in the form of conservation that would serve as a balance to the development. Such conservation should not be viewed as a charitable donation on the part of Plum Creek, but as a necessary payment to the state of Maine.

Plum Creek’s current proposal covers 404,000 acres of land. Plum Creek is offering 72,000 acres of permanent conservation easements at no cost to balance its proposed development. These easements cover only 18 percent of the plan’s land area. Maine citizens should consider carefully whether this conservation amounts to adequate compensation, given the scope of the development being proposed and the financial gains Plum Creek will receive.

An additional 341,000 acres of permanent conservation are included in a “conservation framework” negotiated as a private deal between Plum Creek and three conservation organizations. Desirable as this large-scale conservation may be, it should not be counted as balance for Plum Creek’s proposed development, for two reasons. First, Plum Creek would require substantial payment for the “Conservation Framework” lands. Second, there is no guarantee that this conservation will ever happen – it depends upon the ability of the three conservation groups to raise the funds to meet Plum Creek’s asking price.

Despite these facts, Plum Creek is trying to persuade the public to view the “conservation framework” as balance for its proposed development: Plum Creek states that the 341,000 acres of permanent conservation will not be offered for sale unless the proposed development is approved by LURC. However, LURC is questioning this tactic. In a recent letter, LURC director Catherine Carroll encouraged Plum Creek to omit references to the “conservation framework” from its proposal, or at least to explain its limitations more clearly.

The lengthy process of evaluating Plum Creek’s proposal is just beginning. I encourage all Maine citizens to look carefully at the proposal and to voice their opinions to LURC. The decisions made now will determine the Moosehead region’s future for all time to come. As the state’s public property owners, we have a tremendous responsibility to future generations. Let us exercise our rights wisely so we leave a legacy of which we can be proud.

Wendy Weiger serves on the steering committee of the Moosehead Region Futures Committee. She lives in Greenville Junction.

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