Massachusetts Town's Endangered Species Warning Sets Up Property-Rights Legal Battle Ahead of July 4

A Massachusetts coastal town's letter cautioning homeowners that flags, mylar streamers, and reflective materials on private property could violate state and federal Endangered Species Acts has escalated into a formal legal challenge, with the Pacific Legal Foundation demanding the town of Newbury clarify the statutory basis for its claims — a dispute that touches the boundary between environmental regulation and constitutionally protected property rights just days before the nation's 250th anniversary.

Regulatory Letter Triggers Outrage on Plum Island

The Town of Newbury sent notices to residents of Plum Island — a beachfront community on the Massachusetts coast — stating it had "become aware of the use of devices and materials intended to deter" protected shorebirds from local beach and dune systems. The letter cited "mylar streamers, flags, [and] reflective materials" and warned that activities discouraging shorebirds from suitable habitat "may be viewed as harassment or disruption of normal feeding, nesting, or migratory behavior," an offense carrying "significant regulatory and financial penalties" under both state and federal law.

Marc Sarkady, a 30-year island resident, said he was stunned by the notice. He had organized a grassroots effort before receiving it, distributing roughly 50 American flags and around 100 revolutionary-style signs reading "Plum Island Honors America" to residents across the island ahead of July 4.

Town Walks Back Threat Language, Agency Denies Enforcement

Newbury Town Administrator Tracy Blais said the town was not prohibiting patriotic displays and had agreed only to help MassWildlife "spread the word" about protecting endangered species. Blais characterized the letter as a reminder that residents "live in a very special place which comes along with certain responsibilities," and said the town was not asserting any rights or legal threat.

MassWildlife echoed that position, telling Fox News Digital it had not issued violation letters, taken enforcement action, or threatened penalties against the Plum Island homeowners. Sarkady, however, alleged that a state fisheries official had called a neighbor the previous year following a similarly worded letter and threatened fines and potential arrest — a claim the agency denied.

Pacific Legal Foundation Flags Constitutional Stakes

The Pacific Legal Foundation sent a letter to Newbury's Conservation Agent Wednesday demanding the town specify whether it was claiming homeowners are legally prohibited from displaying flags or decorations on private property and identify the legal basis for applying the Endangered Species Acts to privately owned beachfront land. The group noted that no court has ever found a homeowner liable under those statutes for displaying decorations on private property.

PLF's director of Environment and Natural Resources Litigation, Mark Miller, argued the town's letter raised First and Fifth Amendment concerns. "When governments send letters that look like threats, sound like threats, and walk like threats, they shouldn't be surprised when people take them as threats," Miller said. The case is now a test of how broadly federal and state environmental statutes can be read to restrict ordinary residential use — a question with direct implications for coastal property owners well beyond one Massachusetts island.