Residents of a Massachusetts coastal town are expressing anger and disbelief after receiving a notice warning that flying flags on their property could violate endangered species laws, an issue that has intensified just days before the nation's 250th anniversary.
Homeowners on Plum Island recently received a letter from the Town of Newbury stating it had "become aware of the use of devices and materials intended to deter" protected shorebirds from using local beach and dune systems. The notice specifically listed "mylar streamers, flags, [and] reflective materials" as examples of such deterrents. The letter cautioned that actions intended to deter protected shorebirds could be viewed as harassment or disruption under state and federal Endangered Species Acts, carrying significant regulatory and financial penalties.
"Non-compliance may result in state or federal enforcement actions and, thus, the Town urges residents to comply with applicable state and federal wildlife protection laws," the notice stated.
Longtime residents interpreted the inclusion of "flags" as a potential restriction on their Independence Day celebrations. Marc Sarkady, a resident of Plum Island for over 30 years, called the warning unreasonable given the ample natural habitat available for birds.
"Are you serious?" Sarkady said in an interview. "You’re telling me I can’t fly American flags on my property to celebrate America 250?"
However, town officials clarified that they are not prohibiting patriotic displays. Newbury Town Administrator Tracy Blais stated that the town is "not in any way attempting to interfere with the property owner’s rights to use their property or to restrict their use of their property for ordinary and patriotic purposes." According to Blais, the town was merely relaying information at the request of MassWildlife to raise awareness about protecting endangered species.
"The letter merely recited provisions of the law and the Town is not asserting any threat or legal liability — merely reminding property owners that they live in a very special place which comes along with certain responsibilities," Blais said. The town affirmed that residents are free to celebrate the nation's 250th anniversary and denied that the letter indicated otherwise.
Prior to the town's notice, Sarkady and other community members organized an effort to distribute American flags and signs to commemorate America's 250th anniversary. They distributed approximately 50 American flags and 100 "Plum Island Honors America" signs to residents.
This is not the first instance of conflict between residents and officials regarding beach decorations. Sarkady claimed that a Massachusetts Division of Fisheries and Wildlife official previously sent a similar letter to a neighbor regarding ornamental banners, allegedly threatening severe penalties. A MassWildlife spokesperson denied issuing any violation letters or notices to landowners in this context and stated the agency is not prohibiting residents from displaying American flags.
Sarkady and two neighbors have sought assistance from the Pacific Legal Foundation (PLF). The PLF sent a letter to the Town of Newbury Conservation Agent raising concerns about property rights and the legal basis for the town's claims. The PLF is requesting clarification on whether homeowners are legally prohibited from displaying flags, streamers, or reflective materials on their private property and the legal justification for applying endangered species acts to private beachfront property.
The PLF stated that no court has found a homeowner liable under these acts for displaying decorations on their private property. Mark Miller, director of Environment and Natural Resources Litigation at PLF, commented, "Flying the red, white, and blue on the Fourth of July is as American as apple pie. For Massachusetts local officials to claim otherwise violates both the First and Fifth Amendments to the United States Constitution."