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Maine Alliance for Road Associations

Authority to Remove Culvert in Ditch Line

  • 13 Oct 2025 10:40 AM
    Message # 13551815

    Hi MARA,

    What authority does a statutory road association have to remove a culvert located in the ditch line (not a driveway culvert) that is blocking drainage and worsening runoff?

    Here’s the context:

    • The culvert appears to have been installed years ago, possibly with association funds, to extend a homeowner’s lawn.

    • The current homeowner planted fruit trees over it; it’s now buckling and disrupting drainage about 100 feet uphill from a brook flowing to Highland Lake.

    • Engineers from the town and Soil & Water Conservation District agreed removing it and restoring the ditch would qualify for a watershed grant.

    • The homeowner first agreed verbally, later refused in writing, and has since obstructed and harassed neighbors after receiving proper notice of planned work.

    • The association is now statutory, insured, and followed all required procedures.

    Given this situation, can the association legally remove or modify the culvert as part of road and drainage maintenance, even over homeowner objection, if it lies in the established ditch line?

    Thank you!

  • 14 Oct 2025 11:54 AM
    Reply # 13552184 on 13551815
    Anonymous member (Administrator)

    That's a sticky one that may require an attorney to answer.  The one thought I have is, is the culvert located within the right of way of the road, or is it outside of the road association's jurisdiction?  If outside, it might require the road association to acquire a "drainage easement" from the landowner in order to do anything about it.  See Title 23 § 3101 paragraph 5A.

    You might also be able to use Title 17 §2802. Miscellaneous nuisances, which includes, among other things, that, "unlawfully diverting the water of a river, stream, pond or aquifer from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances." 

    Also, Title 17 §2808. Alteration of surface water flow  might apply.  It says that, "Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance.  An action under this section must be commenced within 3 years after the cause of action accrues."

    That last sentence may be a problem.  Would the 3 years commence when that culvert was installed, or when the trees on top of it caused the culvert to collapse?

    If blocking the culvert is going to send silt down into the watershed and into Highland Lake, you might be able to get your local Lake Association and/or Soil and Water Conservation District or even the DEP or NRCS (Natural Resources Conservation Service) to step in and put some pressure on them.  They may know of other enforcement powers that could be used to protect the watershed.

      

                            The Maine Alliance for Road Associations


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