An Act to Assist Municipalities in Preventing Damage from Storm Water
Maine Legislature, Session 131, LD 0276
Committee: Environment and Natural Resources
Sponsors: ANKELES, DOUDERA
Amends: 23 MRSA §3106

Legislative Document
No. 276
H.P. 174
House of Representatives, January 26, 2023
An Act to Assist Municipalities in Preventing Damage from Storm 
Water
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANKELES of Brunswick.
Cosponsored by Representative: DOUDERA of Camden.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §3106, as amended by PL 2009, c. 501, §3, is further amended to 
read:
§3106.  Municipal assistance for purposes of protecting or restoring a great pond 
threatened natural resource
1.  Repairs to a private road, way or bridge.  For the purpose of protecting or 
restoring a great pond, as defined in Title 38, section 480‑B, subsection 5 threatened natural 
resource, a municipality may appropriate funds to repair a private road, way or bridge to 
prevent storm water runoff pollution from reaching a great pond the threatened natural 
resource if:
A.  The private road, way or bridge is located within the watershed of the great pond 
threatened natural resource or is located within or immediately adjacent to the 
threatened natural resource;
B.  The With respect to a threatened natural resource that is a great pond only, 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
(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;
C.  The Department of Environmental Protection or the municipality determines that 
the private road, way or bridge is contributing to the degradation of the water quality 
of the great pond within or immediately adjacent to the threatened natural resource 
based upon an evaluation of the road, way or bridge using a protocol accepted by the 
department;
D.  The repair complies with best management practices required by the Department 
of Environmental Protection; and
E.  The private road, way or bridge is maintained by a road association organized under 
this subchapter or Title 13-B.
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Coastal bluff" means a steep shoreline slope formed in sediment such as clay, sand 
or gravel that has 3 feet or more of vertical elevation above the high tide line. "Coastal 
bluff" does not include a cliff or slope in a bedrock surface or the eroded seaward edge 
of a coastal beach or coastal sand dune.
B.  "Great pond" has the same meaning as in Title 38, section 480-B, subsection 5.
C.  "Protected natural resource" has the same meaning as in Title 38, section 480-B, 
subsection 8.
D.  "Threatened natural resource" means a protected natural resource or a coastal bluff.
2.  Rules.  The Department of Environmental Protection may adopt rules to carry out 
the purposes of this section.  Rules adopted pursuant to this subsection are routine technical 
rules pursuant to Title 5, chapter 375, subchapter 2-A.
SUMMARY
For the purpose of protecting or restoring a great pond, current state law authorizes 
municipalities, subject to certain conditions, to appropriate funds to repair a private road, 
way or bridge to prevent storm water runoff pollution from reaching the great pond. This 
bill expands that law to authorize municipalities, subject to similar conditions, to 
appropriate funds to repair a private road, way or bridge to prevent storm water runoff 
pollution from reaching a threatened natural resource.
Under the bill, the term "threatened natural resource" is defined to mean a coastal bluff 
or a protected natural resource. Under the Natural Resources Protection Act, the term 
"protected natural resource" is defined to include coastal sand dune systems, coastal 
wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, 
community public water system primary protection areas, great ponds or rivers, streams or 
brooks.