WINDHAM — The Highland Lake watershed will be a test case for a new approach to surface water protection in Windham. 

The town council voted 6-1 on Dec. 19 to approve changes to the town’s surface water protection ordinance, with Councilor Clayton Haskell the lone dissenting vote. 

The approved changes build on an existing ordinance meant to protect the lake and minimize impacts from potential pollution sources, including runoff or erosion. The changes approved this week are limited to the Highland Lake watershed. 

The new ordinance language includes a point system for smaller development projects not subject to subdivision or site plan review. Potential projects would gain points for certain elements deemed to be beneficial for surface water protection and lose points for elements that could pose an increased risk. 

A project needs 50 or more points to receive a stormwater and phosphorus management control permit from Windham code enforcement. 

The move comes as the town continues to try to understand and address concerns about the lake’s health.

The Highland Lake Association has raised alarms about an annual but temporary decline in water quality the past few summers that they say is caused by a type of cyanobacteria. Town Manager Tony Plante said Windham has been told that the lake will be placed on the Maine Department of Environmental Protection’s impaired list. 

The ordinance changes are part of a larger highland lake discussion also involving the creation of a joint Highland Lake Leadership Team with the town of Falmouth and an ongoing moratorium on most development in the watershed. 

That six-month moratorium, which the Highland Lake Association pushed for, was passed in September and extends into March. 

Several property owners in the watershed have since come before the council to express concern about how the moratorium has impacted them.

Rich Merk said he doesn’t live in Windham but is trying to sell two lots that he owns in a subdivision in the watershed, He has lost one buyer already and the other sale is in jeopardy because the moratorium, he said.

“I understand the process you’re going through as a person who’s been involved in ecological things before,” said Merk, noting he thought the surface water protection ordinance changes were good. “I don’t have a problem with what’s going on. I do feel a little bit harmed, but it’s part of the process. I understand that.”  

Merk asked if the council would consider ending the moratorium early or modifying it. 

Haskell, who was not a member of the council when the moratorium was passed, said he thought the situation was “unfair” to Merk. 

Highland Lake Association board member Dennis Brown said this week that he was primarily concerned with larger projects in the watershed, and could potentially support tweaks to the moratorium that would allow for single-lot development to move forward. 

“Let’s worry about the big players here,” Brown said after Tuesday night’s discussion. 

The Highland Lake Association has raised concerns about two larger development projects, including a proposed manufactured housing park and mixed-use development from Westbrook-based Chase Custom Homes & Financing. 

The surface water protection ordinance vote was delayed from November so that town staff could review recommendations from environmental and civil engineer John MacKinnon, who lives in the Highland Lake Watershed, is a member of the Highland Lake Association and is now involved with the Highland Lake Leadership Team. 

Several of MacKinnon’s recommendations, including tweaks to the point system, were then incorporated into the proposed ordinance changes. While town staff chose not to include all of MacKinnon’s suggestions, the council amended the proposal to add a few more. 

One of MacKinnon’s recommendations that was not included in the final ordinance language passed Tuesday night was his suggestion to apply the surface water protections to all watersheds in the town. 

Both town staff and the council ultimately settled on limiting the scope of the ordinance to the Highland Lake watershed – at least for now. 

“This is a new roll-out of a new points system – a new method of looking at things in the Highland Lake Watershed,” said Chris Hanson, Windham code enforcement director.  “It’s going to take training of my staff, it’s going to take more inspections.” 

“As a trial on Highland Lake, I think it’s the perfect place to get started,” Hanson continued. “But as we roll through this, we may need to tweak it. And before we apply it town-wide, I’d like my staff to have a chance to use it and get used to it without being overwhelmed.” 

Matt Junker can be reached at 781-3661 ext. 123 or mjunker@theforecaster.net. Follow him on Twitter: @MattJunker.

Windham resident and engineer John MacKinnon outlines his suggested tweaks to the town’s surface water protection ordinance language.