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Maine Alliance for Road Associations

Authority to Remove Culvert in Ditch Line

  • 13 Oct 2025 10:40 AM
    Message # 13551815

    Hi MARA,

    What authority does a statutory road association have to remove a culvert located in the ditch line (not a driveway culvert) that is blocking drainage and worsening runoff?

    Here’s the context:

    • The culvert appears to have been installed years ago, possibly with association funds, to extend a homeowner’s lawn.

    • The current homeowner planted fruit trees over it; it’s now buckling and disrupting drainage about 100 feet uphill from a brook flowing to Highland Lake.

    • Engineers from the town and Soil & Water Conservation District agreed removing it and restoring the ditch would qualify for a watershed grant.

    • The homeowner first agreed verbally, later refused in writing, and has since obstructed and harassed neighbors after receiving proper notice of planned work.

    • The association is now statutory, insured, and followed all required procedures.

    Given this situation, can the association legally remove or modify the culvert as part of road and drainage maintenance, even over homeowner objection, if it lies in the established ditch line?

    Thank you!

  • 14 Oct 2025 11:54 AM
    Reply # 13552184 on 13551815
    Anonymous member (Administrator)

    That's a sticky one that may require an attorney to answer.  The one thought I have is, is the culvert located within the right of way of the road, or is it outside of the road association's jurisdiction?  If outside, it might require the road association to acquire a "drainage easement" from the landowner in order to do anything about it.  See Title 23 § 3101 paragraph 5A.

    You might also be able to use Title 17 §2802. Miscellaneous nuisances, which includes, among other things, that, "unlawfully diverting the water of a river, stream, pond or aquifer from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances." 

    Also, Title 17 §2808. Alteration of surface water flow  might apply.  It says that, "Unreasonable use of land that results in altered flow of surface water that unreasonably injures another's land or that unreasonably interferes with the reasonable use of another's land is a nuisance.  An action under this section must be commenced within 3 years after the cause of action accrues."

    That last sentence may be a problem.  Would the 3 years commence when that culvert was installed, or when the trees on top of it caused the culvert to collapse?

    If blocking the culvert is going to send silt down into the watershed and into Highland Lake, you might be able to get your local Lake Association and/or Soil and Water Conservation District or even the DEP or NRCS (Natural Resources Conservation Service) to step in and put some pressure on them.  They may know of other enforcement powers that could be used to protect the watershed.

      

  • 22 Oct 2025 8:54 PM
    Reply # 13555170 on 13551815

    Thank you for the thoughtful reply. The trees in question were planted about a year ago. The culvert appears to be within the road’s right-of-way, but there are no pins to confirm that yet. It’s located in the existing ditch line — between the traveled way and the CMP/telco utility poles.


    This property owner has a known history of challenging their property boundaries with at least two other neighbors. The culvert sits where the road’s drainage naturally flows and has been part of that ditch line for decades.


    The real dilemma is how to address a clear drainage and runoff problem when the property owner is threatening to block the work — both physically and with threats of legal action — despite the association following proper notice, process, and statutory procedure. We’re trying to determine the safest and most lawful way to proceed with necessary maintenance under those circumstances. It sounds like reaching out to the Conservation District and DEP departments is a good next step to confirm the best course of action.

    Attaching a still for reference of the situation: you can see just how much erosion is happening with the storm we just had. 

    1 file
  • 23 Oct 2025 11:25 AM
    Reply # 13555338 on 13551815
    Anonymous member (Administrator)

    You mention Highland Lake.  Are you by any chance on Highland Lake in Bridgton?  If so, have you tried contacting the Lakes Environmental Association (LEA)?  I'm not sure how wide an area they cover, if you are elsewhere.  But they have a tab on their website under Frequently Asked Questions that says, "Can My neighbor do that?"  Their answer is,

    "If you’re worried about someone doing something illegal, contact your code enforcement officer or call LEA and we can go over the rules and regulations with you."

    It looks like if that erosion continues long enough, it could interfere with this person's access to his own driveway.

                            The Maine Alliance for Road Associations


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