A view of the conservation easement donated by Michael and Margo Hope, which now protects public access to clam flats in John’s Bay. Katie Beaver photo

Legal disputes over the public use of Maine’s intertidal areas have escalated, stretching from Moody Beach in Wells and Popham Beach in Phippsburg to the Maine Supreme Judicial Court.

Both principles — public access to beaches and private owners’ right to exclude others from their property — are in constant tension.  

A view of the road access to the protected shoreline. Since 1947, shellfish harvesters have used this route to lighten the task of carrying heavy hods of clams. Katie Beaver photo

Not so for Bristol residents Michael and Margo Hope, who recently donated a 5-acre conservation easement to Coastal Rivers Conservation Trust, permanently protecting public access to clam flats on the east shore of Johns Bay. 

The easement ensures continued access to the waterfront for those with a town shellfish license and protects the industry, which plays a significant role in water quality. Clams filter phytoplankton, microorganisms and detritus, improving water quality by reducing sediment loads and removing excess nutrients from coastal waters.

“As there become fewer stretches of undeveloped land, providing access gives us deep satisfaction,” said Michael Hope, whose family has owned the property since 1947, allowing local shellfish harvesters to drive to the shore and haul heavy loads of clay back and forth. 

“The site is well used by clammers,” said Katie Beaver, senior land conservation manager at Coastal Rivers Conservation Trust. “Whenever you’re down there, you can see boats along the shore and stashed canoes by the clam beds.” 

When accepting donated land, CRCT prioritizes public benefit, which Beaver said made this agreement a “no-brainer.” 

“We enter into contracts with open eyes,” Beaver said. “It’s an agreement in perpetuity, so it’s forever. Bristol clammers are essential to our community; we’re setting a precedent to last.” 

A view of the protected field on the property owned by Michael and Margo Hope. Katie Beaver photo

Wildlife and water quality

The Hopes’ donation fits their broader concern for wildlife and water quality. They manage their field for pollinators and maintain healthy buffers of trees and shrubs along the shore and streams on the property to limit runoff into the bay. 

Michael attributes his stewardship practices to his father, Harvey, who bought the former dairy farm with shorefront access during the Cold War. 

At the time, shellfish harvesters asked permission to drive to the shore to lighten the task of carrying heavy hods of clams. There have been a few instances of disrespect, which Michael said fizzled out once it became required that harvesters obtain a shellfish license to drive a vehicle to the waterfront. 

In earlier years, schooners would sail to the head of John’s Bay to pick up lumber, so the Hope family would cut hay in the early years to keep the product free from thorn bushes. Doing so also served as a shoreline buffer. 

Michael and Margo have switched to new practices to attract monarch butterflies, planting swaths of native plants and milkweed along the coast. 

“You can’t make people act in a certain way,” said Margo, voicing her frustration at seeing people mowing their lawns so close to the shore. “We were raised as environmentalists, and not all people were. What we’re learning, though, is that shouldn’t change our behavior.” 

In 2018, the lot was split into two parts: a second couple owns the old farmhouse and upper field, and the Hopes own the lower easement leading up to the water. To ensure the homeowner’s view of the bay is not blocked, Michael mows just enough to allow pollinators to thrive.

The Hopes initially planned to create a scenic turnout for public use but opted for a conservation easement instead when they realized that trash disposal would be an issue.

“This land means a lot to us,” Michael said. “On rare nights, the moon, clouds, wind and low water combine to create a vast display like sparking Christmas lights.” 

A view of the protected shoreline on the property owned by Michael and Margo Hope. Katie Beaver photo

‘Trying to save our slices of the shore’

The Hopes come from sailing families that searched the coasts of Maine and New Hampshire for waterfront homes. They inherited another property from Margo’s lineage near Taunton Bay in Franklin. 

Both sites are experiencing significant erosion, but the one Downeast more so. To mitigate damage from harsh tides, the Hopes have invested over $3,000 in riprap, a layer of large stones that protects soil from erosion in areas of high flows.

“We consider ourselves middle-class people trying to save our slices of the shore,” Margo said. “As Mainers, we were raised to share our land and consider leaving a legacy.”

Michael and his brother, Peter, grew up clamming in Bristol. He acknowledged that the clam flats at John’s Bay have been less productive due to warming waters in recent years. The bay used to freeze over, but now that it doesn’t, diggers can harvest year-round, which has led to depletion. Invasive species like green crabs have also contributed to the decline.

Still, he believes production will soon thrive again. 

“We always joke that Peter is the only Bowdoin graduate featured in their alumni magazine with ‘professional clam digger’ in his bio,” Michael said. “Next to many doctors and lawyers, he stands out. And he’s proud of that. It shows how much we care about our clamming community.”