News Flash

The City is continuing to investigate the Portland Jetport’s removal of trees at 36 Dawson Street and 1591 Broadway in South Portland that occurred at the end of January and beginning of February 2025. The City is investigating compliance with permits and environmental impacts that have occurred, as well as why there was not recent voluntary outreach to residents of the neighborhood with updates about plans for tree removal.

What will be done if it's found that the Jetport didn't follow their municipal Site Plan approval from the South Portland Planning Board, which allowed selective tree removal?

• Fines can only be issued if a clear violation of ordinances or Planning Board approval conditions is determined.
• The investigation is ongoing to determine if soil disturbance and stump removal in wetlands occurred and was unauthorized, and if tree removal exceeded Federal Aviation Administration (FAA) guidelines.
• Most of the Jetport’s work was lawful and authorized by the Planning Board, but failure to hold a pre-construction meeting will be considered in any enforcement action.

Why are Planning Board approvals open-ended? How can a 2019 approval still be valid?

• Planning Board approvals are not open-ended. Planning Board approvals expire within two years unless a project reaches “Start of Construction (SoC).” In the case of the Jetport, they were required to meet SoC within six months of their May 8, 2019 approval.
• If a project reaches the SoC threshold (25% cost spent or foundation installed), it becomes vested and the Planning Board approval no longer expires.
• The Jetport met the SoC threshold by the six-month requirement. In addition, the Jetport disclosed and was approved for a phased construction project that anticipated work to carry out to 2027.
• The Jetport was required to coordinate a pre-construction meeting with the City’s Planning Division before starting new work, such as the tree removal at 1561 Broadway, but did not.

Is the Jetport’s tree removal connected to the solar farm at Calvary Cemetery?

• The Roman Catholic Diocese of Portland owns the two properties where tree removal has occurred (1561 Broadway [Calvary Cemetery] and 36 Dawson St.), but have not commissioned the tree removal. The Diocese has granted an option-to-lease to New Leaf Energy, LLC (via a subsidiary called South Portland Solar 1, LLC), and New Leaf has applied for Site Plan approval from the South Portland Planning Board to establish a solar farm at the northern end of Calvary Cemetery. The application materials for this project are still under staff review and are incomplete. The solar farm’s application materials propose significant tree removal at 36 Dawson and Calvary Cemetery, much of which overlaps with the tree removal conducted by the Jetport, however the solar farm’s tree removal has not been authorized, and New Leaf has not commissioned any tree removal.
• The Jetport legally negotiated access to Diocese-owned land for the tree removal that was approved in 2019. The tree removal was proposed so that the Jetport could maintain compliance with FAA flight clearance guidelines.
• The City is not aware of any coordination between the Jetport and New Leaf’s solar farm project.

How will the environmental impact be addressed?

• A significant amount of the tree removal conducted by the Jetport in January 2025 is authorized and was expected. There are aspects of the tree removal that may have exceeded the allowances of the Jetport’s permits and City approvals. The City has ordinances protecting wetlands and significant trees, and any violations that are confirmed will be addressed through required mitigations, which can include mitigation fees or replacement plantings.
• The Army Corps of Engineers and Maine Department of Environmental Protection (DEP) are also reviewing compliance with their permits. The City of South Portland is monitoring any changes in these state and federal permits.

Why were abutters not notified of the tree clearing?

• Abutters were notified in 2019 when the project was approved by the Planning Board, and the Board did not require additional noticing for this seven-year, phased project.
• Because the project spans multiple years, many residents may not remember the notification, and other residents may be new to the area.
• The Jetport was required to hold a pre-construction meeting with the City before starting work, which would have prompted better communication, but they did not do so.

What is the status of further tree cutting?

• Tree cutting must comply with City ordinances and the 2019 Planning Board approval.
• The City has issued a stop work order requiring documentation of removed trees, a verification that removal occurred within FAA guidelines, re-assessment of the wetland areas due to disputed information, and a summary of how the work was conducted.
• The City has authorized the completion of the tree removal project by the Jetport for all tree removal that is compliant with standing permits. As the wetland delineation is in dispute, all tree removal that follows the stop work order must either wait until a wetland delineation is verified, or must be conducted pursuant to conditions applicable to tree removal within a wetland. Primarily, this means all removal must occur with hand-equipment (chainsaws), stumps must remain, no soil disturbance can occur from machinery, and trees must be left in place once felled.

Can a solar farm be built in a residential zone?

• The proposed solar farm at 1561 Broadway is under review by the Planning Board. The property is in the Residential A Zoning District, and Large-scale ground-mounted solar projects are a Special Exception use in the zone. This means that they may be permitted subject to a Planning Board hearing and a finding of consistency with the Special Exception Use standards in Sec. 27-1405.
• New Leaf Solar, LLC, as the property owner, has the right to propose a solar farm, but it must meet zoning requirements.
• The proposed access road to the solar farm, via 36 Dawson Street, is under review as well. The Dawson Street property is entitled to a driveway onto Dawson Street. However, the impact of the proposed roadway on trees and wetlands is subject to the City’s zoning standards of review.

What steps are being taken regarding the conflicting wetland maps?

• The Jetport’s wetland delineation was approved by the Army Corps and Maine DEP in 2019.
• A recent wetland delineation from Haley Ward on behalf of New Leaf Solar, LLC for the solar farm project shows discrepancies in the location and extent of the existing wetlands on the site.
• The City is investigating these discrepancies and involving state and federal agencies.