An Act To Amend the Laws Governing Local Bridges
Maine Legislature, Session 130, LD 1027
Committee: Transportation
Sponsors: FARRIN
Amends: 23 MRSA §563, 23 MRSA §566

Legislative Document
No. 1027
S.P. 322
In Senate, March 10, 2021
An Act To Amend the Laws Governing Local Bridges
Submitted by the Department of Transportation pursuant to Joint Rule 204.
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator FARRIN of Somerset.
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, 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 post or close the structure.  The 
department may 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 §566, sub-§1, as enacted by PL 2001, c. 314, §2, is amended to 
read:
1.  Changes to structures.  If a structure is improved in a manner that affects whether 
it is defined as changes a culvert or a minor span or to 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 department may approve improvements to a structure only if the improvements are 
made in accordance with department standards and sealed by a professional engineer 
licensed under Title 32, chapter 19.  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 before the department 
accepts responsibility for the structure.
Sec. 3.  23 MRSA §566, sub-§2, as enacted by PL 2001, c. 314, §2, 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 this 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 department may approve the design and 
construction of a bridge only if the bridge is designed in accordance with department 
standards and sealed by a professional engineer licensed under Title 32, chapter 19.  After 
construction, the department shall inspect the bridge. 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 before the 
department accepts responsibility for the bridge.
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 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.