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PORTLAND (AP) – A state law that passed last spring called for new protections in areas around Maine’s vernal pools, seasonal wetlands that are nurseries for frogs, salamanders and other animals.

Now, other provisions of the law that could restrict building along the shore to protect migrating birds have Down East developers worried.

The law creates 250-foot setbacks from the high tide line where shore birds like plovers and sandpipers use the beaches and mudflats to feed and rest. Previously, those areas had generally been protected only by 75-foot setbacks.

Until recently, the shore bird provisions generated little debate. But developers are now raising concerns.

“We feel like we’ve been singled out pretty hard,” said George West, a real estate broker in Milbridge.

West said the development potential of valuable coastal property is “one of the few things that we do have going for us. Obviously, they didn’t consider the shorebird nesting and the impact it is going to have on us.”

Chris Rhoades of Falmouth is also concerned. Rhoades bought a Milbridge building materials company after seeing potential for development along the Down East coast. But driving new development back to 250 feet from the water will force construction into wooded areas that have no view, he said. The result is a sharp devaluation of projects, said Rhoades.

Commissioner David Littell of the Maine Department of Environmental Protection met with about 100 Down East residents and business owners about the rule last week. Littell said the DEP is reviewing the rules, but believes much of the reaction is based on misunderstandings.

For example, if someone doesn’t have the room to move back, they would still be allowed to build and use their properties, Littell said. “These rules do not create unbuildable lots.”

Rep. Ted Koffman, D-Bar Harbor, supports a review of the impacts but defends the rules, which he said protect property values. Sen. Kevin Raye, R-Perry, has proposed a bill to reconsider the habitat rules, which he says did not get the kind of analysis they deserved.

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