An Act To Exempt from Permit Requirements the Repair of Low-head Dams
Sec. 1. 38 MRSA §480-Q, sub-§2, as amended by PL 2011, c. 205, §1, is further amended to read:
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:
(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:
This bill exempts low-head dams from the permitting requirements for repair under the Natural Resources Protection Act.