Presenter Information

Charles Hebson, MaineDOT

Location

UMass Amherst

Start Date

27-6-2011 4:25 PM

End Date

27-6-2011 4:45 PM

Description

Responsibility for regulating culvert installations in Maine is spread over several entities. Regulatory decision-making rests with the Army Corp of Engineers (COE) and the Maine Department of Environmental Protection (DEP), acting with scientific review from their respective resource agencies. There is significant overlap, but COE and DEP generally coordinate well together so that project applicants are not burdened with duplicative requirements. However, there are gaps in regulatory coverage and it is not unusual for culvert installations to occur in valuable streams without any sort of oversight. The problem is especially noteworthy with town-owned structures. This has been recognized for some time and new laws (LD 1333 & LD 1725) were recently enacted that could have substantially improved stream and fisheries protection. The statute language was somewhat problematic, and careful rulemaking would be needed to make the laws effective. The initial attempt at rule development, based on a bankfull width standard, resulted in failure amid some acrimony between the various stakeholders. At this point, MaineDOT was asked to serve as the primary technical resource in a second attempt at drafting new rules. Months of work were invested, only to be rejected by stakeholders on all sides of the issue after the political sea change in Maine in November 2010. At this point it seems as if everyone is playing a waiting game, hoping that their own side will ultimately prevail in elections two or four years from now. In the short term, there is a strong likelihood that the new laws will be rescinded, returning Maine culvert rules to the status quo ante. This was a fascinating example of how process and political strategizing ultimately trumped careful and thoughtful development of policy and technical guidance.

Comments

Charles Hebson has been Chief Hydrologist at MaineDOT since joining the Department in February 2001. Charlie’s duties cover a wide spectrum, ranging from highway hydraulics and hydrology to the newer challenges of fish passage and tidal hydrology/hydraulics. He received his PhD in Civil Engineering (Water Resources) at Princeton University following his ScB in Civil Engineering at Brown University. In addition to MaineDOT, he has worked as a consultant and at the USGS and USDA/Agricultural Research Service in various aspects of surface water and ground water hydrology and hydraulics. In a temporary lapse of sanity, Charlie also taught high school physics and chemistry for several years.

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Jun 27th, 4:25 PM Jun 27th, 4:45 PM

Session C3- A culvert too far: The failed attempt to update state culvert rules in Maine

UMass Amherst

Responsibility for regulating culvert installations in Maine is spread over several entities. Regulatory decision-making rests with the Army Corp of Engineers (COE) and the Maine Department of Environmental Protection (DEP), acting with scientific review from their respective resource agencies. There is significant overlap, but COE and DEP generally coordinate well together so that project applicants are not burdened with duplicative requirements. However, there are gaps in regulatory coverage and it is not unusual for culvert installations to occur in valuable streams without any sort of oversight. The problem is especially noteworthy with town-owned structures. This has been recognized for some time and new laws (LD 1333 & LD 1725) were recently enacted that could have substantially improved stream and fisheries protection. The statute language was somewhat problematic, and careful rulemaking would be needed to make the laws effective. The initial attempt at rule development, based on a bankfull width standard, resulted in failure amid some acrimony between the various stakeholders. At this point, MaineDOT was asked to serve as the primary technical resource in a second attempt at drafting new rules. Months of work were invested, only to be rejected by stakeholders on all sides of the issue after the political sea change in Maine in November 2010. At this point it seems as if everyone is playing a waiting game, hoping that their own side will ultimately prevail in elections two or four years from now. In the short term, there is a strong likelihood that the new laws will be rescinded, returning Maine culvert rules to the status quo ante. This was a fascinating example of how process and political strategizing ultimately trumped careful and thoughtful development of policy and technical guidance.