LD 1725: Stream Crossings Rules

by Natural Resources Committee

January 20, 2010

Topics: Legislation

Rules will help ensure the sustainability of native species in Maine by enabling fish and aquatic organisms to pass through waterways without being blocked by roads and culverts.

As requested by the Legislature last year, the DEP has developed rules that the Board of Environmental Protection has provisionally adopted, to help ensure fish and aquatic organism passage. It is critical that the Legislature approve the rules.

Roads crossing Maine’s waterways can block fish, such as Maine’s prized native brook trout, and other aquatic life, from moving up and down streams and other waterways to find food and mates. Cold water fish need to access colder tributaries when larger bodies of water heat up in the summer, and climate change will make this even more essential. Most fish blockage is due to culverts that are too small or poorly installed or maintained. Requiring culverts through which streams can flow naturally will help permit passage. 

Read George Smith's February 24th column, "Natural stream flow around culverts vital to Maine fish species".

Status: Despite bipartisan support in both bodies, this bill was significantly compromised so that only new culverts will be required to accommodate fish and aquatic organism passage. The approved rules do not affect the bulk of the problem - existing culverts. Due to a last minute surprise fiscal note from the Department of Transportation, the rules for replacement culverts will instead be brought back to the next Legislature.