Could Biddeford’s harbormaster halt UNE’s pier project? Here’s what you should know.
The University of New England is moving forward with construction of a 180-foot research pier on its Biddeford campus after receiving approval from the City Council and planning board.
But Paul Lariviere, the city’s harbormaster, told The Biddeford Gazette last month that he will not follow their footsteps.
According to city code, the harbormaster typically is required to sign off on waterway projects like this before a building permit can be issued. But Biddeford’s city attorney says the harbormaster’s approval is moot for this project, based on his interpretation of the city code.
The Biddeford Gazette also reported that Lariviere said he will not relocate any existing moorings on the Saco River to make room for the pier. (Moving those moorings has been a major point of contention throughout the pier proposal process.)
Lariviere did not respond to multiple calls and emails over several weeks seeking comment. A spokesperson for UNE deferred comment on the harbormaster’s role to the city.
If Lariviere does attempt to block the plan, it’s unclear how the city, or UNE, would respond.
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Here’s what we do know.
THE CITY CODE
City ordinance states that “permission for the construction of any new wharf or pier within the jurisdictional limits of the City shall not be granted without approval of the Harbormaster, along with federal, state and local governing authorities.”
On the surface, the ordinance seems clear: UNE would be required to receive the harbormaster’s permission to build the pier.
But city attorney Harry Center said he doesn’t believe that’s an accurate interpretation. He pointed to the last bullet of the section, which notes that the harbormaster is a facilitator for an applicant to guide them through the process and make sure that all regulatory approvals are obtained for construction.
Since the planning board approved the project, Center’s opinion is that the application is valid.
“That’s the final decision on that issue,” Center said. “The city is going to implement that decision.”
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HARBORMASTER’S PAST COMMENTS
Center also pointed to the fact that Lariviere has not been allowed to participate in or advise on the pier project.
In 2024, then-City Manager James Bennett ordered Lariviere not to make any more comments about the pier project and told him he would not be allowed to oversee the application review process.
Lariviere had made several public comments that indicated his opposition to the project, including saying that he would not approve it. Bennett said those remarks “tarnished” the presumption that UNE’s application would be considered objectively.
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“The harbormaster has, in front of me, made comments that there is absolutely no way he is going to consider the application,” Bennett said at the time.
He also said Lariviere “spent time lobbying the Harbor Commission and other agencies to tell people why they should back his decision” about the best location for the pier.
Lariviere’s decision not to approve the project was made before the application had been presented to the city, Center said, and without UNE’s knowledge or participation.
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Because Lariviere was removed from the review process, and because the city’s interpretation of the code is that the harbormaster is simply a facilitator, his approval is unnecessary for the project to proceed, Center said.
A HISTORY OF CONFLICT
The research pier, which would be built near the Arthur P. Girard Marine Science Center on the Saco River, has faced some backlash over the past two years.
Those concerns have mainly been from residents who worry about the number of moorings that would need to be moved and a 250-foot vegetative buffer zone that was not taken into consideration prior to the proposal.
In the past, UNE said only two moorings would need to be moved, while the city said it could be anywhere from two to six. Center said Monday that only one mooring will need to be moved, and the university has agreed to pay for any associated costs.
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Biddeford and UNE spent months at loggerheads over the project, with the city asking the Maine Superior Court to invalidate the pier approval, city officials denying requests to begin work and passing a development moratorium, and UNE’s president decrying misinformation surrounding the situation and the erosion of the two sides’ long-standing relationship.
But in August, the Saco River Corridor Commission granted UNE a key 2-year extension on the project, effectively removing any routes to legally blocking the pier, and soon after, the city dropped its appeal to Maine’s highest court.
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APPROVAL ACROSS THE BOARD
Since the SRCC granted the university a two-year extension for the pier project in August, the city’s view is that all entities required to approve the project have done so.
The City Council gave UNE the green light in October, lifting an ongoing moratorium on UNE development to allow for the pier project. A day later, the planning board voted to extend the university’s project permit.
Because all three boards have given their express approval, UNE can legally move forward with the project, Center said.
“Those were the final regulatory approvals related to the pier,” he added.
Construction is now underway: The university removed 49 trees last month to create an access road to the pier after the Biddeford Code Enforcement office approved a permit to do so.
It’s unknown when the whole project will be completed. A spokesperson for the university has said officials don’t have a full timeline yet.
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Tagged: biddeford city council, construction, economic development, education, marine industry, marine life, schools, University of New England
Sydney is a community reporter for Biddeford, Saco, Old Orchard Beach, Kennebunk, Kennebunkport and Arundel and previously reporter for the Courier and Post. Sydney grew up in Kennebunk and is a graduate. More by Sydney Richelieu
