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Maine Revised Statutes Title 23. Transportation § 4210-H. Municipal Stream Crossing Fund; grant program

Current as of January 01, 2025 | Updated by Findlaw Staff

1. Fund established. The Municipal Stream Crossing Fund, referred to in this section as “the fund,” is established within and is administered by the department to issue grants in accordance with this section. The fund consists of proceeds from the sale of bonds authorized for the purposes of the grant program established pursuant to subsection 2 and funds received as appropriations, allocations and contributions from public and private sources. The fund must be held separate and apart from all other money, funds and accounts. Interest earned by the fund must be credited to the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year.

2. Grants. The department shall establish a competitive grant program to provide grants to eligible project sponsors for stream crossing replacements on municipal roads. Eligible project sponsors include local governments, municipal conservation commissions, soil and water conservation districts and private nonprofit organizations.

3. Fund proceeds; uses. The department may award grants based on the extent to which the proposed project allows communities to more effectively prepare for storm and flood events and advances the goals of restoring habitat for fish, including sea-run fish and native brook trout, and wildlife. In awarding grants, the department shall consider:

A. The priority status of the stream crossing replacement for native brook trout and sea-run fish restoration, based on available stream survey data, statewide prioritization for aquatic connectivity and presence in priority watersheds of salmon, river herring and other diadromous fish;

B. The extent to which the proposed stream crossing replacement is sized to be 1.2 times the stream's bankfull width, and the stream crossing replacement is sized to meet the department's 100-year flood standards;

C. The degree of urgency of the proposed project, including whether a stream crossing is at high risk of failure due to age, condition or location within a watershed or reach with high flood risk or severe flood history;

D. The expected contribution to reducing the frequency or severity of flooding to upstream and downstream communities and improving storm water management within the proposed project area; and

E. The extent to which the proposed project represents an efficient and cost-effective investment, including the proportion of total project funding provided from other sources and the potential avoided costs associated with the proposed project.

4. Grant proceeds; prohibited uses. Grants awarded under subsection 3 may not be used:

A. To cover all of the costs associated with a proposed project; or

B. For a stream crossing replacement on a state road or private road.

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Cite this article: FindLaw.com - Maine Revised Statutes Title 23. Transportation § 4210-H. Municipal Stream Crossing Fund; grant program - last updated January 01, 2025 | https://codes.findlaw.com/me/title-23-transportation/me-rev-st-tit-23-sect-4210-h/

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