Route 1 bald eagle’s nest results in Edgecomb tax abatement

Mon, 12/07/2020 - 8:30am

In November 2011, a bald eagle’s nest in Edgecomb resulted in Maine Department of Transportation canceling a proposed bypass route to end traffic congestion along U.S. Route 1. In 2020, the discovery of a bald eagle’s nest, on a property Bucky and Pauline Holloway bought for $140,000 in 2019, ended their plans to move onto it.

The property is where the Abenaki Trading Post is located. The Holloways, who live in Southport and own a Newcastle business, planned on building a new home on the property’s back lot. The couple received planning board approval and discussed their proposal with the municipal code enforcement officer, but nobody voiced concerns about proceeding with a project on land with a bald eagle’s nest. 

“It never came up.” Bucky Holloway said. “When I heard there was an eagle’s nest, I thought ‘Great. We like birds,’ and then I later learned about building prohibitions due to federal laws protecting eagles.”

In 1940, Congress passed the Bald Eagle Protection Act. It was later amended to include golden eagles, and renamed the Bald and Golden Eagle Protection Act. Federal regulations prohibit building within 330 feet of an eagle’s nest and 660 feet from an occupied one.

In 1995,  an amended rule changed the bald eagle’s status from endangered to threatened. The status changed, but federal legislation governing their safety did not. “They are no longer on the endangered species list so I think this is where the confusion occurred. Even though their protected status changed, it didn’t change the federal laws,” Bucky Holloway said. 

Prior to the sale, a property appraisal valued the land at $250,000 for the 2.5-acre parcel. The Holloways thought they had a great deal and bought it. “Now it’s worth nothing (due to the nest),” Bucky Holloway said.

On Dec. 1, the couple received a tax abatement from Edgecomb. The Board of Overseers reduced the previous municipal assessment of $307,880 to $100,000 based on the municipal tax assessor’s recommendation. The abatement was calculated by overseers during the hearing which reduced the original tax bill from $5,512.75 to $1,793.80. Edgecomb’s selectmen serve as the municipal board of overseers. Mike Smith and Ted Hugger voted unanimously for the $3,728.95 tax abatement. “If there is an eagle’s nest, you can’t even walk the property. That’s how restrictive the federal law is,” Smith said. “I understand the situation and I’m sympathetic. They are entitled to an abatement and it’s unfortunate it got to this point.”

The Holloways are not sure what to do with the property. “It still is very beautiful, and there may be someone or an environmental group who may be interested, so I guess we will wait and see what happens,” he said.

This article has been updated from its original posting.