An Act To Amend the Laws Governing Local Bridges
Maine Legislature, Session 129, LD 2064
Committee: Transportation
Sponsors: McLEAN
Amends: 23 MRSA §563, 23 MRSA §565, 23 MRSA §566, 23 MRSA §567

Legislative Document
No. 2064
H.P. 1466
House of Representatives, January 23, 2020
An Act To Amend the Laws Governing Local Bridges
Submitted by the Department of Transportation pursuant to Joint Rule 203.
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McLEAN of Gorham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §563, sub-§1, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
1.  Municipal-maintained structures.  For a structure for which a municipality has 
maintenance responsibility, the department shall advise the municipality of its inspection 
findings, and noted deficiencies and recommendations regarding posting or closure.  The 
municipality has sole responsibility and authority to determine whether a structure must 
be posted or closed, except that the department may close the structure in cases of 
emergency or when the department reasonably determines closure is necessary to protect 
the traveling public from imminent hazard.  If the department becomes aware of 
deficiencies in a structure that could impact posting or closure decisions, the department 
shall promptly notify the municipality.  The department shall notify the municipality 
when a structure requires a posting or closure, and the municipality shall carry out the 
posting or closure.  The department has the authority to post or close a structure to protect 
the traveling public from an imminent hazard.  The municipality is responsible for all 
costs and expenses related to the posting and closure, including any needed notifications, 
procedures, signing and barricades.
Sec. 2.  23 MRSA §565, sub-§2, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
2.  Low use or redundant bridges on town ways.  A municipality has maintenance 
responsibility for all low use bridges on town ways and all redundant bridges on town 
ways.
For the capital improvement of a low use bridge on a town way or a redundant bridge on 
a town way located wholly within one municipality, the municipality shall pay 50% of 
the cost or 1% of its property valuation, whichever is less.  For a bridge located on a town 
line, each municipality shall pay 25% of the cost of the capital improvement or 1% of its 
property valuation, whichever is less, unless the municipalities and the department agree 
otherwise.  The department shall pay the remaining portion of the cost of the capital 
improvement subject to available funds.
Sec. 3.  23 MRSA §566, sub-§1, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
1.  Changes to structures.  If a structure is improved in a manner that affects 
whether it is defined as a minor span or a bridge, the responsibilities set forth in this 
subchapter regarding the structure do not change unless the department determines that 
there exists a reasonable engineering basis for the improvement and the department 
approves the design plans and specifications of the improvement prior to the construction.  
The design of the improvement to the structure must be in accordance with department 
standards and sealed by a professional engineer licensed under Title 32, chapter 19 to 
practice in this State.  After construction, the department shall inspect the structure and, if 
the structure is found to conform with the approved design, the department shall accept 
responsibility for the structure.  If the inspection reveals the structure was not improved 
in accordance with the department-approved design, the municipality shall make any 
necessary corrections to the structure required by the department so that responsibility for 
the structure is accepted by the department.
Sec. 4.  23 MRSA §566, sub-§2, as enacted by PL 2001, c. 314, §2 and affected 
by §4, is amended to read:
2.  New structures.  If a municipality constructs a new bridge on a town way, the 
department shall assume the responsibilities set forth in the subchapter only if the 
department determines that there is a reasonable engineering basis for the bridge, as 
opposed to a minor span, and if the department approves the design and construction of 
the bridge prior to the construction of the bridge.  The bridge must be designed in 
accordance with department standards and sealed by a professional engineer licensed 
under Title 32, chapter 19 to practice in this State.  If the inspection reveals the bridge 
was not constructed in accordance with the department-approved design, the municipality 
shall make any necessary corrections to the bridge required by the department so that 
responsibility for the bridge is accepted by the department.
Sec. 5.  23 MRSA §567, as enacted by PL 2001, c. 314, §2 and affected by §4 and 
c. 667, Pt. C, §§20 and 22, is amended to read:
§567.  Bridge capital improvement priorities list
The department shall biennially annually prepare a list of bridges that are eligible for 
capital improvement under this subchapter, arranged in priority order using accepted 
bridge management principles and as constrained by available funding.  The department 
is the final arbiter as to whether any bridge is placed on the list.  The department shall 
consult with municipalities regarding the manner of improving low use bridges on town 
ways and redundant bridges on town ways.
SUMMARY
This bill requires the Department of Transportation to notify a municipality when a 
bridge for which a municipality has maintenance responsibility requires a posting or 
closure and requires the municipality to carry out the posting or closure.  Current law 
provides a municipality sole responsibility to determine whether such a bridge must be 
posted or closed.  The bill provides that the department's responsibility to pay a portion of 
the cost of a capital improvement for a low use or redundant bridge on a town way is 
subject to available funds.  It provides that in order for the department to accept certain 
responsibilities for an improved bridge or for a new bridge, the department must approve 
the design of the improvements or construction before the improvements are made or the 
bridge is constructed.  The design of the improvements or construction must meet 
standards set by the department and be sealed by a professional engineer.  The 
department must inspect the bridge after it is improved or constructed.  The bill also 
changes how often the department must prepare a list of bridges that are eligible for 
capital improvement from biennially to annually and removes the requirement that this 
list be arranged in priority order using accepted bridge management principles.