An Act To Restore Exemptions in the Natural Resources Protection Act
Maine Legislature, Session 125, LD 1387
Committee Amendment CA_A_H317 (House)

COMMITTEE AMENDMENT ,,~ " to H.P. 1020, L.D. 1387, Bill, "An Act To 
Restore Exemptions in the Natural Resources Protection Act" 
Amend the bill in section 1 in subsection 2 in the 2nd line (page 1, line 5 in L. D.) by 
striking out the following: "road" 
Amend the bill in section 3 by striking out all of subsection 2-D (page 1, lines 28 to 
and page 2, lines 1 to 10 in L.D.) and inserting the following: 
'2-D. Existing crossings. A permit is not required for the repair and maintenance of 
an existing crossing or for the replacement of an existing crossing, including ancillary 
crossing installation activities such as excavation and filling, in any -lIrotected natural 
resource area, as long as: 
A. Erosion control measures are taken to prevent sedimentation of the water; 
B. The crossing does not block passage for fish in the protected natural resource 
area; and 
C. For replacement crossings of a river, stream or brook: 
(1) The replacement crossing is designed, installed and maintained to match the 
natrn-al stream grade to avoid drops or perching; and 
(2) As site conditions allow, crossing structures that are not open bottomed are 
embedded in the stream bottom a minimum of one foot or at least 25% of the 
culvert or other structure's diameter, whichever is greater, except that a crossing 
structure does not have to be embedded more than 2 feet. 
For purposes of this subsection, "repair and maintenance" includes but is not limited to 
the riprapping of side slopes or culvert ends; removing debris and blockages within the 
crossing structure and at its inlet and outlet; and installing or replacing culvert ends if less 
than 50% of the crossing structure is being replaced.' 
COMMITTEE AMENDMENT 
~. of'S 
COMMITTEE AMENDMENT"~" to H.P. 1020, L.D. 1387 
SUMMARY 
This amendment clarifies that the Natural Resources Protection Act exemption 
applies to all existing crossings, not just road crossings. It removes a provision in the bill 
that requires crossings to not block passage for aquatic organisms other than fish. It 
requires replacement crossings to match the natural stream grade and removes a provision 
in the bill that requires the stream grade to not exceed 2%. The amendment retains the 
provisions in the bill that require the development of a statewide aquatic conservation and 
restoration strategy plan. The amendment removes the provision in the bill that excludes 
slip-lining and invert lining from eligibility for the repair and maintenance exemption. 
FISCAL NOTE REQUIRED 
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COMMITTEE AMENDMENT 
Approved: 05119111 frac 
LD 1387 
LR 2060(02) 
An Act To Restore Exemptions in the Natural Resources Protection Act 
Fiscal Note for Bill as Amended by Committee Amendment ,,~, 
Committee: Environment and Natural Resources 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Exempting the repair and maintenance of existing crossings including culverts as well as ancillary crossing installation 
activities from permit application requirements will result in a minor revenue loss to the Department of Environmental 
Protection (DEP) in the form of lost peffilit fee application revenues. Developing a statewide aquatic conservation and 
restoration strategy plan will require the DEP, the State Planning Office and the Departments of Inland Fisheries and 
Wildlife, Marine Resources and Transportation to incur costs which can be absorbed within existing budgeted 
resources. 
LR2060(02) - Fiscal Note - Page 1 of 1