Will Bar Harbor's Lodging Moratorium Be Extended?
Public hearing scheduled for July 1
The Bar Harbor Story is generously sponsored by Swan Agency Real Estate.
BAR HARBOR—A lodging moratorium in Bar Harbor may be extended.
Tuesday, June 17, the Bar Harbor Town Council scheduled a public hearing on that possible extension. The hearing will be July 1 at 6:30 p.m. in the council chambers in the municipal building on Cottage Street.
If enacted, the new iteration of the moratorium would continue for 180 days unless the town council extends, repeals, or modifies it.
On February 5, the town council voted to enact a 180-day moratorium on most lodgings. Since then, the town’s planning board and staff have been working to collect data relevant to the “whereas” clauses in that moratorium. That moratorium took effect in early March. The council make-up has also changed in those months with the June election of Steven Boucher and David Kief. Long-serving councilor Matt Hochman and appointee Meagan Kelley chose not to run for their spots.
Back in September 2023, the town’s attorney Stephen W. Wagner (of Rudman Winchell) explained that a moratorium is “essentially a pause on development.” To do that, the councilors would have to make certain findings: that the moratorium is necessary to stop a burden on public facilities and other aspects; that the existing comprehensive plan is inadequate to do so. In June town voted to update its comprehensive plan. The whereas clauses serve as those findings.
CHANGES
This proposed moratorium is slightly different than the original.
The proposed new moratorium strikes one whereas clause which states, “certain transient accommodations are of such size and impact that they should be subject to greater public scrutiny through the planning board review process.”
It also adds language explaining that things such as “replacing fixtures, reconfiguring existing rooms, replacing roofs, or making cosmetic improvements” are exempt from the moratorium. It also states that demolishing structures, structural elements, exterior walls or roofing beyond routine maintenance is not considered exempt.
According to Bar Harbor Planning Director Michele Gagnon, the town realized that remodeling, renovation, and minor revisions were not defined or qualified in the original moratorium, which could cause confusion.
The new proposed moratorium also states that the “maximum extent permitted by law and subject to the severability clause apply(ies) retroactively.”
Both moratoriums begin with whereas clauses explaining the reason for the moratorium.
Two of those clauses state, “WHEREAS, residents of the Town of Bar Harbor have expressed concerns about the development and operation of certain transient accommodations, including impacts on health and safety, environmental quality, quality of life, adjacent property values, size, and the approval process, especially for accommodations approved without Planning Board review;
“And WHEREAS, the Town of Bar Harbor’s current Land Use Ordinance is inadequate to prevent serious public harm due to the current approval process for certain transient accommodations.”
ACTIONS
Gagnon said that the staff and town’s volunteer planning board have been gathering and analyzing data and also listening to presentations from the heads of public safety as well as the Bar Harbor Chamber and Mount Desert Historical Society.
She also said that every action they are taking goes back to the moratorium’s whereas clauses.
“I think what we’d like to do is come back at the next meeting,” and bring a timeline of when that work would be done, Gagnon said.
She added, “Our expectation is that we would be done in the fall.”
The original moratorium road map presented by the planning department indicated that the council and town’s planning board would “decide on the policy” and potential regulatory changes close to June 2025.
The town councilors unanimously moved to public hearing at the July 1 council meeting. While the moratorium is enacted there can be no legal building or approval of six types of lodging varying in size from single family dwellings with three guest rooms to much larger accommodations.
The October 2024 discussion was spurred on by Bar Harbor dentist Mathilde Reznik’s appeal before the councilors to think again about a moratorium on lodgings (transient accommodations) in town.
The topic came up after she was approached that day by a bed and breakfast owner about purchasing her property on lower Main Street, she said. That owner was not identified.
An application for the Inn at Eden Street, which would be located at 40 Eden Street for a multi-storied 25-room inn on a small parcel of land that directly abuts the Conners-Emerson School, which is undergoing a multi-million dollar rebuild, also created concern among some residents.
LINKS TO LEARN MORE
Existing Moratorium Ordinance on Certain Transient Accommodations
June 17 Council Meeting Agenda And Packet
Data collection overview and roadmap (uploaded 02.18.2025)
Updated Moratorium Timeline (uploaded 05.01.2025)
Workshop #2 (March 27, 2025) Meeting recording (uploaded 04.09.2025)
MDI Historical Society presentation starts at: 04:50
Bar Harbor Chamber of Commerce presentation starts at: 31:17
Workshop #2: Staff Discussion Guidance Slides (uploaded 03.27.2025)
Workshop #2: MDI Historical Society Presentation (uploaded 03.28.2025)
Workshop #2: Bar Harbor Chamber of Commerce Presentation (Trends in Tourism Economy) (uploaded 03.27.2025)
Maine Office of Tourism 2023 Economic Impact & Visitor Tracking Report (uploaded 03.28.2025)
Maine Office of Tourism Downeast & Acadia 2023 Economic Impact & Visitor Tracking Report (uploaded 03.28.2025)
Workshop #3: Staff Discussion Slides (uploaded 05.01.2025)
Public Safety: Calls for Service Graph from 2018-2024 (uploaded 05.01.2025)
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