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Maine Alliance for Road Associations

our law changed in 2023

  • 01 Jan 2024 10:18 AM
    Message # 13295682

    As most of us hear all about the changes of PL 23:3101-3104, it's surprising to me that no one has talked about LD 23:3106.

    Did anyone know that LD 23:3106 changed in 2023? Obviously, I didn't until now. For those of us who are near a great pond, did you know that most towns provide funding to help improve your roads to reduce soil erosion into the ponds, lakes and streams?

    Has anyone applied to their town for funding? What was your experience?

    Those who are in the mid coast or near a closed military base, you may want to see the changes to our law. I don't know if this law also includes discontinued roads.

  • 02 Jan 2024 9:46 AM
    Reply # 13295969 on 13295682
    Anonymous member (Administrator)

    I didn't know about it either - thanks for calling it to our attention!  It looks like they made some minor changes in wording to the first part, but then they have added a long passage that all hangs on the word "and."  That is, the new part only applies where several qualifications apply AND the road is located wholly or partially within or immediately adjacent to a closed military installation.   

    Here is what was added.  Notice the "and" at the end of paragraph D, which means the whole thing only applies if paragraph E is true.

    1-A.  Protection or restoration of protected natural resources through repairs to certain private roads, ways, bridges or storm water management systems.  For the purpose of protecting or restoring a protected natural resource, a municipality or a regional community and economic development organization may appropriate funds to repair a private road, way, bridge or storm water management system to prevent storm water runoff pollution from reaching a protected natural resource if:  

    A. The private road, way, bridge or storm water management system is within the watershed of the protected natural resource or is located within or immediately adjacent to the protected natural resource;   [PL 2023, c. 65, §1 (NEW).]

    B. With respect to a protected natural resource that is a great pond only, the great pond satisfies the criteria listed in subsection 1, paragraph B;   [PL 2023, c. 65, §1 (NEW).]

    C. The Department of Environmental Protection, the municipality or the regional community and economic development organization determines that the private road, way, bridge or storm water management system is contributing to the degradation of water quality within or immediately adjacent to the protected natural resource based upon an evaluation of the road, way, bridge or storm water management system using a protocol accepted by the department;   [PL 2023, c. 65, §1 (NEW).]

    D. The repair complies with best management practices required by the Department of Environmental Protection; and   [PL 2023, c. 65, §1 (NEW).]

    E. The private road, way, bridge or storm water management system is located wholly or partially within or immediately adjacent to a military installation closed pursuant to the federal Defense Base Realignment and Closure Act of 1990.   [PL 2023, c. 65, §1 (NEW).]

    [PL 2023, c. 65, §1 (NEW).]

    1-B.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.  

    A. "Protected natural resource" has the same meaning as in Title 38, section 480‑B, subsection 8.   [PL 2023, c. 65, §1 (NEW).]

    B. "Regional community and economic development organization" means a quasi-governmental entity established in statute for the purpose of addressing the development needs, problems and opportunities of municipalities and regions. "Regional community and economic development organization" includes, but is not limited to, the Midcoast Regional Redevelopment Authority established in Title 5, section 13083‑G.   [PL 2023, c. 65, §1 (NEW).]

    [PL 2023, c. 65, §1 (NEW).]
  • 02 Jan 2024 3:54 PM
    Reply # 13296149 on 13295682

    I thought I had posted the new law, so I am attaching it again, just in case I didn't.  There is about 8 areas of changes in it. Has anyone applied to their town to obtain money to help with your roads? I am aware that ponds or lake associations have applied for them, to help remove invasive plants and algae. 

    1 file

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