An Act To Exempt from Permit Requirements the Repair of Low-head Dams
Maine Legislature, Session 129, LD 0983
Committee: Environment and Natural Resources
Sponsors: KESCHL, ALLEY, BRENNAN, CAMPBELL, COREY, DUNPHY, MILLETT, TUELL, BLACK, TIMBERLAKE
Amends: 38 MRSA §480-Q

Legislative Document
No. 983
H.P. 738
House of Representatives, February 26, 2019
An Act To Exempt from Permit Requirements the Repair of Low-
head Dams
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative KESCHL of Belgrade.
Cosponsored by Representatives: ALLEY of Beals, BRENNAN of Portland, CAMPBELL of 
Orrington, COREY of Windham, DUNPHY of Old Town, MILLETT of Waterford, TUELL of 
East Machias, Senators: BLACK of Franklin, TIMBERLAKE of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-Q, sub-§2, as amended by PL 2011, c. 205, §1, is further 
amended to read:
2.  Maintenance and repair.  Maintenance and repair of a structure, other than a 
crossing, in, on, over or adjacent to a protected natural resource if:
A.  Erosion control measures are taken to prevent sedimentation of the water;
C.  There is no additional intrusion into the protected natural resource; and
D.  The dimensions of the repaired structure do not exceed the dimensions of the 
structure as it existed 24 months prior to the repair, or if the structure has been 
officially included in or is considered by the Maine Historical Preservation 
Commission eligible for listing in the National Register of Historic Places, the 
dimensions of the repaired structure do not exceed the dimensions of the historic 
structure.
This subsection does not apply to:  the repair of more than 50% of a structure located in a 
coastal sand dune system; the repair of more than 50% of a dam, unless that repair has 
been approved by a representative of the United States Natural Resources Conservation 
Service; or the repair of more than 50% of any other structure, unless the municipality in 
which the proposed activity is located requires a permit for the activity through an 
ordinance adopted pursuant to the mandatory shoreland zoning laws and the application 
for a permit is approved by the municipality;
Sec. 2.  38 MRSA §480-Q, sub-§2-D, as enacted by PL 2011, c. 205, §3, is 
amended to read:
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 protected 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 
natural 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.;
Sec. 3.  38 MRSA §480-Q, sub-§2-E is enacted to read:
2-E.  Low-head dams.  A permit is not required for the repair of any extent of a low-
head dam that is not a hydropower dam, whether privately or publicly owned, including 
the reconfiguring of the low-head dam, as long as the water levels of the body of water 
impounded by the dam do not vary by more than 24 inches;
SUMMARY
This bill exempts low-head dams from the permitting requirements for repair under 
the Natural Resources Protection Act.