An Act To Amend Certain Laws Affecting Transportation
Maine Legislature, Session 124, LD 0126
Committee Amendment CA_A_H477 (House)
Amends: 23 MRSA §705

COMMITTEE AMENDM~NT "0,, to H.P. 110, L.D. 126, Bill, "An Act To 
Amend Certain Laws Affecting Transportation" 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 23 MRSA §705, as amended by PL 2007, c. 306, §2, is further amended to 
read: 
§705. Culverts 
The Department of Transportation is responsible for administering shall oversee the 
placement installation or replacement of culverts within the right-of-way on improved 
. state and state aid highways lying outside the compact area of an urban compact 
municipality as defined in section 754. 
When an An abutter ' .... ants an desiring to 
establish a new driveway, entrance te-be constructed or approach on these highways,--the 
abutter shall petition the department for a permit as provided under must first comply 
with section 704 and any rules adopted under section 704. Should a permit be issuetl-antJ 
If the department determines that a culvert is requii'ed, the abutter shall, at the abutter's 
expense, provide a culvert meetihg depal1ment standards and install, at the abutter's 
expense, under the direction of the depmiment, a culveli the culvel1 in a manner 
satisfactory to the'depaI1ment, \-",hich the department shall maintain. The abutter has 
continuing responsibility for the condition and stability of the access, including 
replacement of any culverts or other structures pel1aining to the access, subject to the 
depal1ment's ongoing jurisdiction over the right-of-way. 
When the depal1ment determines that,in order to reestablish access to an abutting 
property, a culvert replacement is required for an existing driveway, entrance or approach 
located within the highway limits as paI1 of a capital highway or ditching project or 
emergency response eff0l1, the depaI1ment is responsible for the cost of the replacement. 
When the depaI1ment determines a culvert replacement is not required for an existing 
driveway, entrance or approach iocated within the highway limits, the abutter is 
responsible for the cost of any replacement. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 110, L.D. 126 
For locations on town ways and on state and state aid highways within the compact 
area of an urban compact municipality pursuant to section 754, the municipality must be 
petitioned by the abutter pursuant to section 704. Should a permit be issued, the abutter 
shall provide, at the abutter's expense, a culveli satisfactory to the municipality, which the 
municipality shall install and maintain.' 
Amend the bill by striking out all of sections 3 and 5. 
Amend the bill in section 6 in subsection 29-A in the 3rd and 4th lines (page 2, lines 
and 17 in L.D.) by striking out the following: ", with respect to chapter 21, subchapter 
" 
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Amend the bill by striking out all of section 7. 
Amend the bill by relettering or renumbering any nonconsecutive Pali letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority rep01i of the Joint Standing Committee on 
Transportation,' fl11iher clarifies language peliaining to the responsibility of private 
culveli replacement and repair on a state right-of-way. When the department determines 
a culvert replacement is required for an existing driveway, entrance or approach located 
within the highway limits as part of a capital highway or ditching project or emergency 
response effort where the culveli replacement is required to reestablish access to an 
abutting property, the department is responsible for the cost of the replacement. When 
the department determines a culvert replacement is not required for an existing driveway, 
entrance or approach located within the highway limits, the abutter is responsible for the 
cost of any replacement. 
The amendment eliminates the sections of the bill relating to auxiliary power units. 
The amendment eliminates from the bill the section defining "heavy duty vehicle." 
The amendment also further clarifies the definition of "interstate highway," 
"interstate system" and "interstate highway system." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: OS/28/09 
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LD 126 
LR 356(03) 
An Act To Amend Certain Laws Affecting Transportation 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact 
Fiscal Detail and Notes 
The bill clarifies that the Department of Transportation will cover the cost of replacement of a culveli if it determines 
that it is needed to reestablish access to an abutting property during a capital highway project, but that an abutter will 
cover the cost when it is deemed not required. As any savings may be offset by new expense, it is assumed that there 
will be no significant impact to the Highway Fund. Any savings would be allocated to other Highway Fund capital 
projects. 
LR0356(03) - Fiscal Note - Page 1 of I