An Act To
Maine Legislature, Session 124, LD 1315
Committee Amendment CA_A_H316 (House)
Amends: 23 MRSA §3105

COMMITTEE AMENDMENT "A" to H.P. 918, L.D. 1315, Bill, "An Act To 
Amend the Private Way Laws with Regard to Road Associations" 
Amend the bill in section 1 in subsection 2 in the 5th to 7th lines (page 1, lines 8 to 
lOin L.D.) by striking out the following: "meeting to address the repair and maintenance 
of the private road, private way or bridge. The meeting may also be used to choose a 
commissioner or board pursuant to subsection 5, to form a road association and to 
develop bylaws of the association." and inserting the following: 'meeting.' 
Amend the bill by striking out all of section 4 (page 1, lines 34 to 39 and page 2, lines 
and 2 in L.D.) and inserting the following: 
'Sec. 4. 23 MRSA §3105 is repealed and the following enacted in its place: 
§3105. Use of town equipment 
1. 
Fire and police protection; protecting or restoring a great pond. 
The 
inhabitants of any town or village comoration at a legal town or village comoration 
meeting may authorize the municipal officers of the town or assessors of the village 
comoration to use its highway equipment on private roads, private ways or bridges within 
the town or village comoration, whenever the municipal officers or assessors consider it 
advisable in the best interests of the town or village comoration for fire and police 
protection and for the pumoses of protecting or restoring a great pond as defined in Title 
38, section 480-B, subsection 5 if: 
A. The private road, private way or bridge is within the watershed of the great pond: 
B. The great pond: 
(1) Is listed on the Department of Environmental Protection's list of bodies of 
water most at risk pursuant to Title 38, section 420-D, subsection 3: 
(2) Has been listed as impaired in an integrated water quality monitoring and 
assessment report submitted by the Department of Environmental Protection to 
the United States Environmental Protection Agency pursuant to the federal Clean 
Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or 
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COMMIITEE AMENDMENT" A"to H.P. 918, L.D. 1315 
(3) Is identified as having threats to water quality in a completed watershed 
survey that uses a protocol accepted by the Department of Environmental 
Protection; 
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C. The Department of Environmental Protection or the municipality determines that 
the private road, private ,way-or bridge is contributing to the degradation of the water 
quality of the great pond based upon an evaluation of the road, way or bridge using a 
_ wotocol accepted by the department; 
D. The repair complies with best management practices required by the Department 
of Environmental Protection; and 
E. 
The private road, 'private way or bridge is maintained by a road association 
organized under this subchapter of Title 13-B.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Transportation, eliminates a provision in the bill that specified the reasons that a meeting 
may be called by a road association. The amendment also allows a town to use town 
equipment on private roads, private ways or bridges for the purposes of protecting or 
'restoring a great pond. 
',COMMITTEE\A-MENDMENT 
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