The debate over a proposed campground development along the Upper Delaware River is reaching a critical point as the Town of Highland planning board prepares to weigh approval. The Camp FIMFO project, a $40 million-plus project renovating a historic tenting campsite in Barryville with modern amenities, has already drawn scrutiny from the National Park Service, which determined the development does not conform with the Upper Delaware River Management Plan — a document designed to guide development while protecting the river’s nationally significant environmental and recreational resources.

So what happens if the planning board approves the project anyway?

Liam Mayo, news editor at The River Reporter, recently explored that question in depth, examining the options the National Park Service would have — including the rarely used and often misunderstood concept of eminent domain.

“The National Park Service’s determination has been in the background since 2023,” Mayo said. “But in December, the Park Service sent a letter to the planning board re-emphasizing that even after years of tweaks and adjustments, the project still doesn’t conform with the River Management Plan.”

The agency’s concerns focus on two major points. First, the River Management Plan prohibits permanent structures at campsites, and the Park Service considers the proposed park-model RVs at Camp Fimfo to qualify as such. Second, the project’s scale would substantially increase the intensity of use in the corridor, which could alter the traditional character of the area.

Jeff Spitz, head of the planning board, told Mayo that the board is still reviewing the project and weighing the Park Service’s concerns. “Until that process is complete, it’s unclear how much influence the Park Service’s non-conformance finding will have on the decision,” he said.

If the planning board moves forward despite the Park Service’s objections, the federal agency has limited tools. The first option is continued negotiation, working with local stakeholders to minimize environmental impact and bring the project closer to compliance. The more extreme backstop, Mayo explained, is eminent domain — the legal authority for the government to take land in limited circumstances.

“In theory, the National Park Service could use eminent domain if the project violated zoning laws or threatened the river’s resources,” Mayo said. “But it’s extremely unlikely. It would be a last-resort action, and the Upper Delaware operates under a unique collaborative model that gives local towns and municipalities significant control over development.”

This collaborative model has historically allowed local projects to proceed even when the Park Service raises objections, making eminent domain a rare, almost unprecedented option in the region. Mayo noted that the outcome of the Camp Fimfo decision could set an important precedent for the future of camping along the Upper Delaware, potentially influencing how other sites balance traditional camping practices with new, amenity-rich developments.

The planning board has not set a firm date for a decision, though a ruling could come within the next few months.