# What Maine's Conserved Lands database says about Cape Elizabeth — and what isn't permanently protected

Researched 2026-09-18. Raw data: `research/raw/mcl_cape_bbox.csv` (127 parcels), `mcl_cape_bbox_c.json`, `mcl_layer_meta.json`; assessor lookups `adv_assess_*.html`.

## The source

**Maine Conserved Lands** — the state's authoritative inventory of conservation land, maintained by the Maine Dept. of Agriculture, Conservation & Forestry (Bureau of Parks and Lands) and published through the Maine GeoLibrary.

- Feature service: https://services1.arcgis.com/RbMX0mRVOFNTdLzd/ArcGIS/rest/services/Maine_Conserved_Lands_All/FeatureServer/0
- Portal page: https://maine.hub.arcgis.com/maps/ad59f27a21f24f19bb005868a04b65a3
- Query used: bounding box −70.27,43.53 to −70.16,43.63 (all of Cape Elizabeth plus edges of South Portland and Scarborough); 127 parcels returned; 106 judged in Cape by tax-map town or centroid.

**How the state grades permanence — the GAP Status field.** This is the national USGS "Gap Analysis" standard, and it is the answer to "is this land actually protected":

| GAP | State's own definition (verbatim from the layer) | Meaning |
|---|---|---|
| 2 | "Permanent Protection to Maintain a Primarily Natural State" | Locked in, managed for nature |
| 3 | "Permanently Secured for Multiple Uses and in natural cover" | Locked in, but working/recreational use allowed |
| 39 | "Permanently Secured and in agriculture or maintained grass cover" | Locked in, farmed or mowed |
| **4** | **"Unsecured (temporary easements lands and/or municipal lands that are already developed (schools, golf course, soccer fields, ball fields"** | **Not permanently protected** |

Cape Elizabeth parcels by GAP status (106 parcels): GAP 2 — 47 · GAP 3 — 20 · GAP 39 — 3 · **GAP 4 — 36**.

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## Part 1 — Easements: which ones are not permanent?

There are **22 easement-bearing parcels** in Cape Elizabeth in the state database (easement as the primary or secondary interest). **Twenty-one are rated permanent (GAP 2 or 3). One is rated unsecured:**

### The Town Farm — the only non-permanent conservation easement in Cape Elizabeth

| Field | State record |
|---|---|
| Parcel name | Town Farm |
| Fee owner | Town of Cape Elizabeth ("Maine Minor Civil Division") |
| Easement holder | Cape Elizabeth Land Trust |
| Acquisition year | 2000 |
| GIS acreage | 172.8 ac (town's 2012 plan says 150 ac; 2019 Comp Plan says 150 ac — the state polygon likely includes marsh) |
| Purpose | "Recreational: Used for outdoor recreation, including hiking, water activities, hunting, ATVs, or Snowmobiles" |
| **GAP status** | **4 — Unsecured** |
| Assessor | Map R05, Lot 011 — "00000 SPURWINK AVE" |

**Why the state rates it unsecured:** the easement has a term. GAP 4's definition begins "temporary easements." The town's own documents say the same thing:
- 2012 Open Space Management Plan, Town Farm entry: "In 2000, the Town granted the Cape Elizabeth Land Trust a **50 year** conservation easement over the Town Farm." (`openspace_2012.txt`)
- 2019 Comprehensive Plan, p.~193: "In 2000, a 50 year conservation easement was donated to CELT." (`compplan_2019.txt` line 9680)

**What that means:** the easement **expires in 2050**. When it does, CELT's right to enforce conservation restrictions ends and the Town Council can do anything with the 150 acres that zoning allows. The parcel also sits in a special "Town Farm (TF)" zoning district "intended to preserve the upland portion" (Comp Plan p.225) — but zoning is changed by council vote after Planning Board review; it's not a deed restriction.

**The deed history (from the town's 2012 plan):** Thomas Jordan left the land to the town in his 1825 will "for the poor of said town forever." In 1994 the town "purchased" it from that charitable trust for $650,000, putting the money into the Thomas Jordan Fund for the poor. So the original charitable restriction was bought out in 1994; the 2000 easement is the only conservation instrument, and it has 24 years left.

**Current status:** No indication anywhere (town site, CELT site, Comp Plan, council agendas 2025–26) of any move to convert it to a perpetual easement. The land is rated "high value for wildlife by the Maine Department of Inland Fisheries and Wildlife" (2012 plan).

**Every other easement in town is permanent.** For the record, the GAP 2/3 easements: Cross Hill (99.9 ac, town fee / CELT easement, 2000); Robinson Woods I, II, III (82 + 63 + 55 ac, CELT fee with Maine Coast Heritage Trust or town easement); Dyer-Hutchinson Farm (50.8 ac, CELT easement, 1994); Jordan Farm (46.8 ac, CELT, 2004); Elizabeth Farms (28.9 + 3.2 + 0.3 ac, CELT, 1987); Zeb's Cove (21.5 ac, CELT, 2003); Tract 618C (19.6 ac, town fee / USFWS easement, 1981); Hobstone Woods (10.7 ac, CELT, 1997); Chapel Woods (6.2 ac, CELT, 2022); Lourie (3.4 ac); Harmon/Wells Road/Marsh (2.9 ac, 1988); Spinnaker Heights (1.0 ac); Sawyer Marsh (0.8 ac, 2009); Reef Road (0.7 ac, 1987); Alewives Brook (0.6 ac, town + CELT, 2009); Canter Way (0.1 ac, 2012).

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## Part 2 — Land that is *in* the conservation database but rated Unsecured (GAP 4)

These are parcels the state counts as "conserved land" today but does not consider permanently protected. Identified by tax map lot via the town assessor's database (`mygovnow.com/capeto`).

### Town-owned (Town of Cape Elizabeth, fee), GAP 4

| GIS acres | Identity | Tax map | Assessor location | Acq. | Why unsecured |
|---|---|---|---|---|---|
| **203.1** | **Gull Crest** (centroid 43.5867, −70.2392) | (R05-010 area) | 21 Dennison Dr | — | No deed restriction. 2012 plan: "Deed restrictions summary: **None**." Hosts Public Works, recycling center, sewer plant, fields, gardens; $5M arena lease under negotiation (Sept 2026). |
| **172.8** | **Town Farm** | R05-011 | Spurwink Ave | 2000 | 50-year CELT easement, expires 2050 (see Part 1). |
| **96.3** | Unnamed, centroid 43.5914, −70.2310 — **school campus** area (Ocean House Rd / Scott Dyer) | — | — | — | 2012 plan, School campus (64.8 ac): "Deed restrictions summary: **None**." "40 acres is considered open space. Much of this open space is wetland and connects to Gull Crest and the Spurwink Marsh." |
| **68.6** | Unnamed, centroid 43.6078, −70.2620 (NW corner near Sawyer Rd / South Portland line — consistent with **Winnick Woods**) | — | — | 1997 | ⚠ If this is Winnick Woods, the town's 2012 plan says it *is* deed-restricted ("passive recreational activities only... No buildings"). The state may have it as GAP 4 because the town supplied the polygon without the restriction ("Data provided by Interest1"). **Verify with the deed before saying it's unprotected.** |
| **40.8** | U06-018 | U06-018 | "00000 LOCKSLEY RD" | 1997 | Town-owned open space off Locksley Rd (Stonegate/Dyer Pond neighborhood). 2012 plan says Stonegate Trails lots (86.6 ac) were "donated exclusively for public purposes to be preserved for outdoor recreation... No structures" — i.e., deed-restricted. **Same caveat: state GAP 4 may be a reporting artifact.** |
| **28.5** | **Fort Williams Park** (part) | U48-001 | **1000 Shore Rd** | — | 2012 plan: "Portions of the property are not restricted by deed, but by terms of federal grants received in the past." No conservation easement. 2021 Master Plan Rec. #69 (council-adopted) calls for evaluating a permanent easement on 100% of the park; no action found. |
| **27.1** | Unnamed, centroid 43.6015, −70.2374 | — | — | — | Town-owned; unidentified. Likely part of the Gull Crest / Cross Hill / school complex. |
| **25.9** | U57-018 | U57-018 | "00000 ROCK CREST DR" | — | Town-owned; Rock Crest Dr is near Fort Williams/Shore Rd. Possibly Fort Williams western parcels or Lions Field area. |
| **20.7** | R01-002 | R01-002 | "00000 MITCHELL RD" | — | Town-owned open space on Mitchell Rd. |
| **13.5** | Unnamed, centroid 43.5705, −70.2142 | — | — | — | Town-owned; near Two Lights / Broad Cove. |
| **8.4** | U57-019 | U57-019 | "00000 ROCK CREST DR" | 1997 | Town-owned, adjacent to U57-018. |
| 6.4 | Unnamed, 43.5867, −70.2221 | — | — | — | Town-owned. |
| 3.5 + 2.0 | U36-094 | U36-094 | "00000 PINE RIDGE RD" | — | Town-owned neighborhood lots. |
| 0.4 | U36-093 | U36-093 | Pine Ridge Rd | — | |
| 0.4 | U36-084 | U36-084 | "00000 ROUNDABOUT LN" | — | |
| 0.1 | U41-009 | U41-009 | "00011 MCKENNEY POINT RD" | — | 2012 plan "McKenney Point Lot": "None." |
| 0.1 | U44-035 | U44-035 | "00000 FENWAY RD" | — | Great Pond Fenway connector. |

**Total town-owned land the state rates as not permanently protected: roughly 740 GIS acres** (with the caveat that Winnick Woods and the Locksley Rd lots may in fact carry deed restrictions the state didn't capture).

### Not town-owned, GAP 4

| GIS acres | Identity | Holder | Status |
|---|---|---|---|
| **101.7** | **"Sprague Corp" parcel — the leased half of Crescent Beach State Park** (centroid 43.5625, −70.2357) | Maine Bureau of Parks and Lands (state lists interest as "Fee," acq. 1966 — but the underlying tenure is a **lease**) | The 2019 Comprehensive Plan (p.~194): "Crescent Beach State Park (212 acres) was opened in 1966. As part of the 212 acres, **the State leases approximately 100 acres from the adjacent Sprague Corporation.**" The leased portion includes "approximately 1,000 feet of beach as well as the entrance road, control station, hiking trails and a portion of the parking lot." History: original 50-year lease expired 2010; negotiations stalled; state employees' union campaigned; **5-year extension signed March 8, 2013 at $100,000/yr**; renewed again ~2018. **Current lease status (2023–2026) not verified** — I could not find a post-2019 renewal announcement. The state's own conservation database rates it Unsecured. |
| 9.2 + 0.2 | US Coast Guard | US Coast Guard (fee) | Federal aids-to-navigation land at Two Lights; not a conservation holding, just federal property. |

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## Part 3 — What this means, in plain terms

1. **Cape Elizabeth's conservation easements are in good shape, with one exception.** Of 22 easement parcels, 21 are permanent. The Town Farm's 50-year easement (2000–2050) is the only one the State of Maine rates as unsecured. Converting it to a perpetual easement is a one-document fix that CELT would almost certainly welcome — and there's no sign anyone has started.

2. **The town's biggest open spaces are protected by nothing but a council majority.** Gull Crest (~203 ac by state GIS), the school campus (~96 ac), Fort Williams (~90+ ac), and the Town Farm after 2050 are all GAP 4. The town's own 2012 plan said it plainly: land without deed restrictions "may be put to a different use by the Town Council at any time." The state's database agrees.

3. **Half of Crescent Beach State Park is rented.** ~100 acres including the beach entrance, control station, and part of the parking lot are leased from the Sprague Corporation on 5-year terms at $100K/yr (as of 2013). The state's Parks director said in 2013 the extension would "give us significant time to seek an even more permanent resolution." Thirteen years later the state's own database still rates it unsecured. Not a town decision, but it's the single largest "conserved" parcel in Cape that could be lost, and residents may not know.

4. **Some GAP 4 ratings may be too harsh.** Winnick Woods (71 ac) and the Stonegate/Locksley lots were donated with deed restrictions per the town's 2012 plan, yet the state shows them GAP 4 — probably because the town uploaded polygons without restriction data ("Data provided by Interest1"). Before claiming these are unprotected, pull the deeds. It would also be a cheap win for the town to send corrected data to the state.

5. **Conversely, Cross Hill is better protected than the 2012 plan suggested.** The state shows a CELT easement over the town's Cross Hill land (99.9 ac, 2000, GAP 3). The 2012 plan listed only deed restrictions.

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## Forum-ready lines (all sourced)

- "The State of Maine keeps a database of every conserved parcel and grades it for permanence. In Cape Elizabeth, Gull Crest, the school campus, Fort Williams and the Town Farm are all graded 'Unsecured.' That's about 700 acres."
- "The Town Farm easement runs out in 2050. It's the only conservation easement in town the state doesn't consider permanent. That's fixable with one document."
- "Half of Crescent Beach — the entrance, the parking, a thousand feet of sand — is leased from a private corporation five years at a time. The state has been trying to make that permanent since 2010."
- "The Fort Williams master plan the council adopted in 2021 said to evaluate a permanent easement on the whole park. It hasn't happened."

## Caveats

- GAP status for municipal land depends partly on what the town reported; verify Winnick Woods and Stonegate/Locksley deeds before calling them unprotected.
- GIS acreages exceed the town's reported acreages (Town Farm 172.8 vs 150; Gull Crest 203 vs 177.65) — the state polygons include marsh/water or adjacent lots.
- Crescent Beach lease status after ~2018 not verified.
- Fort Williams appears as several tax lots (U48-001 and probably U57-018/019, R01-002); the 28.5 ac figure is one lot, not the whole park.
- "Fee" on the Sprague parcel is a data-entry inconsistency in the state layer; every narrative source says lease.