Facts vs Fiction
We have been receiving a lot of questions about the Island Rover Ordinance which is on the ballot for November. Below are the answers to some of the commonly asked questions and misconceptions. Our attorney, Jess Wibby, will be present at the October 15, 2026 Town Council meeting to answer any additional questions you may have!
This handout is designed to identify and respond to common questions regarding the Island Rover Referendum, which is on the ballot in the Town of Freeport for the November 2026 election. Below you will see common misconceptions regarding the referendum and Ordinance language, and answers to these questions.
1. “This Ordinance seems too broad. I’m worried the Island Rover owners or other people will take advantage of it.”
This Ordinance is broad because we wanted to give ourselves the best chance to launch the Island Rover Vessel without getting hung up on a minor technicality. There are still many criteria for an applicant to meet before a temporary boat launch is permitted, including Maine Department of Environmental Protection regulations, so this Ordinance will not create a free-for-all.
Additionally, any applicant would have to go through the necessary approval process every year, including state permitting, to be able to use a boat launch only between the months of October to April, after which it would need to be removed. They would need to do this every year, which would be unreasonably cost prohibitive to most anyone and without much value as the only use would be winter months. Lastly, the Ordinance contains a two-year sunset clause, which will cause the Ordinance to be removed two years after it is enacted.
In our situation, all of the equipment needed to build the temporary launch ramp is rented — crane mats, excavator, dollies, float bags, etc. — which costs tens of thousands of dollars per day. We will be building and dissembling the boat launch in a matter of days in order to minimize rental costs.
2. “I am worried about how this boat launch will affect the environment. That any damage done to the cove will cause reparable harm.”
This launch is designed by licensed engineers. The launch is designed to create minimal impacts, as we will still need to meet the requirements of Maine Department of Environmental Protection and the U.S. Army Corp of Engineers. Additionally, the Ordinance only allows the boat launch to be constructed and used from October to April, which is when aquatic life such as horseshoe crabs and eel grass are not present or are dormant.
We are doing everything we can to prevent damage, from the materials we use to the time of year we plan to build the boat launch. Of course, any change to nature will have impact, but multiple lots on Flying Point Road have experienced changes through building and shoreland expansions without concerns.
The Ordinance as drafted provides that for any damage that may possibly done by a temporary boat launch, the boat launch owner must provide the Town a remediation plan. Once the Town agrees with and approves that plan, the owner must implement or face violations from the Town. So, even on the small chance that damage occurs, the boat launch owner is required by the Ordinance to repair any damage.
3. “I heard this Ordinance removes any protections or process. Wasn’t the boat launch already denied?”
The permit application to the Coastal Waters Commission was denied not because the environmental impact was considered great but because the environmental impact was “unknown,” despite a licensed engineer showing the minimal level of impact the boat launch would have. The Commission can deny permits at their discretion, and the Town already dislikes the Island Rover. It is not surprising the Commission arrived at this outcome.
Like mentioned above, there are still requirements to be met within the Ordinance, with the Maine Department of Environmental Protection, and with the U.S. Army Corp of Engineers. Protections and processes still exist.
4. “What if the boat capsizes or gets stuck and ruins that area?”
A licensed engineer has designed the plan to prevent this outcome. Of course, we don’t want the boat to tip over or get stuck either! We have done our best to prepare for and prevent that outcome. If the boat did get stuck or capsized, it would still be the owner’s responsibility to remove it. Maine Department of Environmental Protection, U.S. Coast Guard, and the U.S. Army Corp of Engineers would likely require certain actions and a timeline for removal.
5. “I don’t think this will end litigation.”
If this Ordinance is passed, it will end litigation on the Island Rover’s side. Currently the Island Rover Foundation and Harold Arndt have three lawsuits with the Town, the most recent filed this past February. We are willing to drop our suit if the Island Rover can be launched. If the Island Rover is launched, many of the issues being litigated will become irrelevant. Whether the Town wants to waste taxpayer money to continue punishing the Island Rover beyond that point is up to the taxpayers. We are trying to end this whole thing to help everyone.
6. “Why not just take the boat apart?”
Harold Arndt has been building this boat for around 30 years, long before there were strict rules and zoning on the type of activities he is engaging in. He has had the lifelong goal to launch the Island Rover and make it a floating educational vessel to get kids interested in sailing. He has good-intentioned goals and is so close to making them happen! It would be great to finish this journey on a positive note while supporting the youth in Freeport.