17-229 Department of Transportation - General

Chapter 100 Rules of Procedures for Adjudicatory Hearings

Code Me. R. 17-229 Ch. 100 Rules of Procedures for Adjudicatory Hearings {#sec-17-229-ch.-100 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 100}

RULES OF PROCEDURE FOR ADJUDICATORY HEARINGS

SUMMARY: These rules govern the procedures used by the Department of

Transportation for its adjudicatory hearings.

100.01 SCOPE OF RULES

These rules shall govern at all adjudicatory hearings before the Maine Department of Transportation. These rules shall be liberally construed to secure a just, speedy and inexpensive determination of the issues presented.;

100.02 NOTICE

A. Notice of Opportunity for a Hearing

Whenever an opportunity for a hearing is required, notice shall be given as follows:.

1. To the person or persons whose legal rights, duties or privileges are at issue by regular mail within 14 days of the anticipated time of the decision; and

2. In any proceeding deemed by the department to involve the determination of issues of substantial public interest, within 14 days of the anticipated date of the decision.

B. Notice of a Hearing

Notice of a hearing shall be given as follows:

1. To the person or persons whose legal rights, duties or privileges are at issue by regular mail fourteen days in advance of the hearing date; and

2. To the public by publishing two notices, one at least 14 days prior to the hearing, the second at least 7 days prior to the hearing in newspapers of general circulation in the area affected; and by publication in any other trade, industry, professional or interest group publication which the department deems effective in reaching interested persons if issues of substantial public interest are involved.

C. Content of Notice

Notice shall consist of the following:

1. A statement of the legal authority under which the proceeding is being conducted;

2. A reference to the particular substantive statutory and rule provisions involved;

3. A short and plain statement of the nature and purpose of the proceeding and of the matters asserted;

4. A statement of the time and place of the hearing, or the time within which a hearing may be requested;

5. A statement of the manner and time within which evidence and argument may be submitted to the agency for consideration, whether or not a hearing has been set; and

6. When a hearing has been set, a statement of the time and manner within which applications for intervention must be filed.

100.03 LOCATION

Hearings shall be held at a place and time designated by the Department in the notice of hearing.

100.04 HEARING PROCEDURES

A. Presiding Officer

The presiding officer at the hearing shall be the Commissioner or a person whom he designates.

B. Authority of Presiding Officer

The presiding officer shall have the authority to (1) rule on issues of evidence; (2) limit the issues being considered; (3) where good cause is shown, limit, alter or amend the rules of procedure; (4) administer oaths and (5) take other action when needed to have an efficient and orderly hearing.

C. General Conduct

1. The presiding officer shall open the hearing by describing in general terms its purpose and the procedures to be used. Appearances will then be entered on the record. Any party to the proceeding may make opening statements or motions.

2. The department shall record all hearings in a form susceptible to transcription. A copy of the transcript shall be available to interested parties or the public at cost.

3. The record of the hearing shall consist of the formal notice, the application or complaint, the transcription of the hearing, all exhibits and the findings of fact and conclusions of the presiding officer.

4. Witnesses shall be sworn in before testifying. Witnesses shall state their names, residences and who they represent, if anyone, before testifying.

5. The parties to any hearing or investigation may, by stipulation in writing, agree upon the facts or any portion thereof, involved in the controversy. Such stipulations shall become part of the record and may be used by the presiding officer as evidence.

At any time prior to or during the course of the hearing, the presiding officer may require that all or part of any testimony to be offered at the hearing, be submitted in written form. All persons offering testimony in written form shall be subject to questioning.

6. Any party may by written application request a pre-hearing conference to be held to consider the issues or to make an informal disposition of the proceeding by stipulation, agreed settlement or consent order. At any time prior to the hearing date, the presiding officer may call a pre-hearing conference. Written notice of the conference shall be mailed to all parties of record.

7. The presiding officer shall designate the order of appearance of the parties to the proceeding.

100.05 CONTINUANCES

For good cause shown, the presiding officer may grant a request for a continuance.

All requests for a continuance should be in writing reasonably in advance of the hearing so that all interested parties may be notified.

100.06 GENERAL EVIDENCE

A. Relevancy

The presiding officer may require that all evidence be material and relevant to the subject matter of the hearing. Evidence which is irrelevant may be excluded. The rules of privilege shall be observed.

B. Official Notice

The presiding officer may take official notice of all State Laws, official rules and regulations, generally recognized facts and those special facts, which because of the expertise of the departmental officer are known to him. Facts so noted shall be indicated as such on the record.

C. Documentary and Real Evidence

All documents, materials and objects offered into evidence as exhibits, if accepted shall be numbered. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Parties introducing documentary evidence should be prepared to furnish copies to adverse parties.

All documentary and real evidence admitted as part of the record shall be available for the public inspection.

D. Objections

All objections to rulings of the presiding officer regarding evidence or procedure and the grounds for the objection shall be timely stated during the course of the hearing.

E. Offer of Proof

An offer of proof may be made in connection with an objection to a ruling of the presiding officer excluding or rejecting any testimony or question on cross-examination.

100.07 SUBPOENAS

A. Proceeding

Any party to a hearing may request the Commissioner to issue subpoenas in the name of the department to compel the attendance and testimony of witnesses and the production of evidence relating to any issue of fact in the hearing. The form of the subpoenas shall conform, insofar as practicable, to the form used in civil cases before the courts. Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the courts. Such fees shall be paid in advance by the party requesting the subpoena.

B. Identity

Any subpoena issued shall show on its face the name and address of the party at whose request it was issued.

C. Modification

Any witness subpoenaed may petition the department to vacate or modify a subpoena issued in its name. The department, after appropriate investigation, may grant the petition in whole or part, if it finds that the testimony or the evidence whose production is required does not relate with reasonable directness to any matter in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable, oppressive or has not been issued within a reasonable period prior to the time when the evidence is requested.

D. Fines

Failure to comply with a properly issued subpoena which has not been revoked or modified by the department shall be punishable by contempt of court.

100.08 IDENTIFICATION OF PARTIES

A. Parties

All parties to the hearing shall be identified at the beginning of the hearing. Every party shall have the right to present evidence and arguments on the issues, to call witnesses and to participate in cross-examination.

B. Public Participation

If the presiding officer permits, any person may participate in a hearing by making oral or written statements of such person's position on the issues which may be presented during the hearing.

C. Intervention

A member of the public, by written application may petition the presiding officer prior to the hearing and request to intervene in the proceedings. The presiding officer shall allow any person, department or corporation, showing that he is or may be, or is a member of a class which is or may be, substantially and directly affected by the proceeding to intervene as a party to the proceeding. Whenever intervenor status is denied,, the department shall include an entry to that effect and the reasons therefor.

D. Staff Members

Staff of the department may appear and participate in any adjudicatory proceeding.

100.09 CONCLUSION OF HEARING

The department will make its final decision in writing and include it as part of the record. The decision will include findings of fact sufficient to apprise the parties and the public of the basis for the decision. A copy of the decision and a description of how the party may request a review of the decision by the courts shall be mailed to all parties of record.

BASIS STATEMENT: The Maine Transportation Act, 23 M.R.S.A. 4206 provides that the Commissioner or his authorized representative "may conduct investigations, inquiries and hearings concerning all matters with the jurisdiction of the department." These regulations govern the conduct and procedures to be followed in all adjudicatory proceedings before the Department.

AUTHORITY: Maine Transportation Act, 23 M.R.S.A. 4201 et. seq.; Maine Administrative Procedure Act, 5 M.R.S.A. 8001 et. seq.

EFFECTIVE DATE: Adopted as an emergency rule on April 3, 1979 and filed on April 5 1979

Adopted as a regular rule on May 15, 1979 and filed on MAY 16, 1979.

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

Chapter 101 Advisory Rulings

Code Me. R. 17-229 Ch. 101 Advisory Rulings {#sec-17-229-ch.-101 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 101}

SUMMARY: Chapter 101 sets forth the procedures used by the Department of Transportation for processing requests for Advisory rulings.

101.01 AUTHORITY & SCOPE

The department may issue advisory rulings pursuant to 5 M.R.S.A. ( 9001 concerning the applicability of any statute or rule which it administers to an existing factual situation. Advisory rulings will be issued at the department's discretion and only upon written request entitled as such. Each request will be individually reviewed to determine whether an advisory ruling is appropriate. The department may decline to issue an advisory ruling if the question is hypothetical, if there is insufficient experience upon which to base a ruling or for any other reason the department deems appropriate.

101.02 SUBMISSION

Requests for advisory rulings shall be in writing and designated as a request for an advisory ruling. All requests must set forth in detail the facts pertinent to the question. The department may require additional information as necessary to complete the factual background before its ruling.

101.03 CONSIDERATION

All requests for advisory rulings will be promptly acknowledged by the department. Within ninety days after the acknowledgement, a ruling will be made or parties advised that a ruling will not be made together with the reasons therefor. Alternatively, the department may request additional information which is necessary to determine whether an advisory ruling is appropriate. All advisory rulings shall be written and entitled as such. They shall include a statement of facts or assumptions or both upon which the rulings are based.

101.04 DISPOSITION

Each completed advisory ruling will be mailed to the requesting party and a copy will be kept by the department in a file established for this purpose.

All completed advisory rulings are public documents open to the public.

BASIS STATEMENT:

The Commissioner of the Department of Transportation is required by 5 M.R.S.A. 9001 to establish by rule the procedure for the submission, consideration, and disposition of requests for advisory rulings.

AUTHORITY: Maine Administrative Procedure-Act, 5 M.R.S.A. 900l.

EFFECTIVE DATE: Adopted as an emergency rule on April 3, 1979 and filed on April 5, 1979

Adopted as a regular rule on May 15, 1979 and filed on May 16, 1979

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24 , 1996

Chapter 102 Rules Regarding Debarment of Contractors

Code Me. R. 17-229 Ch. 102 Rules Regarding Debarment of Contractors {#sec-17-229-ch.-102 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 102}

SUMMARY: Chapter 102 sets forth the rules used by the Department of Transportation for considering debarment of contractors.

102.01 DEFINITIONS

1. Person shall mean any individual, corporation, partnership or other business entity and shall include affiliates and subsidiaries of any such entity, and shall also include directors and officers of any entity which are closely connected to or associated with such an entity so as to control or have the power or authority to control such an entity in any business dealings.

2. Debarment shall mean disqualification from bidding on or sub-contracting for any project administered by the Maine Department of Transportation.

3. Bidding Crime shall mean any act prohibited by state or federal law committed in any jurisdiction involving fraud, conspiracy, collusion, perjury or material misrepresentation with respect to bidding on any public or private contract, and shall include violations of state anti-trust laws, federal anti-trust laws, the Racketeer Influence and Corrupt Organizations Act (RICO), 18 U.S.C. §1961, et seq., and the Mail Fraud Act, 18 U.S.C. §1341, et seq.

102.02 AUTHORITY FOR DEBARMENT

The Commissioner of the Department of Transportation shall have the authority to debar any person for the following reasons:

A. Conviction of a bidding crime resulting from either a jury ,or bench trial; any plea of guilty or nolo contendere to a charge of a bidding crime; any public admission by any person of a bidding crime; or any testimony under oath by an unindicted co-conspirator indicating a person's involvement In a bidding crime.

B Conviction of any offense indicating a lack of moral or ethical business integrity as may reasonably be perceived to relate to or reflect upon the business practices of the person.

C. Debarment by any other State or Federal agency for substantially any of the reasons listed in this Section.

D. Making false, deceptive, or fraudulent statements on any documents submitted to the Department.

E. Any other cause affecting a person's responsibility as a contractor of such serious and compelling nature so as to consider said person for disbarment.

102.03 NOTIFICATION AND RIGHT TO HEARING

Any person considered for debarment shall be sent written notice by certified mail and allowed the opportunity for a hearing to determine whether debarment is appropriate. The notice shall state that debarment is being considered, the reasons underlying the consideration of debarment, and that the person under consideration shall be afforded an opportunity for a hearing on a specified date.

With respect to any hearing of a person under consideration for debarment:

A. Hearings shall be before a Debarment Committee consisting of five (5) individuals appointed by the Commissioner.

B. Findings of the Committee are to be determined by a preponderance of the evidence.

C. Such findings shall be agreed upon by a majority of the members of the Committee.

D. The Debarment Committee shall submit a written report to the Commissioner and each person under consideration for debarment.

E. The Commissioner shall render a final decision after review of the report of the Committee, any evidence contained In the record of the Hearing and any information related to the public Interest. The Commissioner shall provide a copy of said decision to each person under consideration for debarment.

F. The Commissioner shall have the authority, in the best interest of the public, to suspend or otherwise delay inquiry into possible debarment in the event that such inquiry might impede any State or Federal investigation.

102.04 TERMS OF DEBARMENT

If a person is debarred, the term of debarment shall be for a period commensurate with the seriousness of the causes but shall not exceed twenty-four (24) months except as provided herein.

The Commissioner shall have the authority to lift, suspend or shorten the term of debarment, or in the alternative, extend the term of debarment for any mitigating circumstances he may consider appropriate, and may include but shall not be limited to:

A. The degree of culpability of the debarred person;

B. Whether under the facts and circumstances of a debarred person's case a lengthy debarment is necessary to protect the best interest of the State;

C. A debarred person's disassociation from individual and business entities that have been involved in bidding crimes;

D. Cooperation by a debarred person with State, Federal or other governmental investigations of bidding crimes, including a complete and full account of the involvement of the debarred person therein;

E. Restitution by the debarred person of damages to the State.

Any debarred person may request a hearing to show that mitigating circumstances exist to lift, suspend or shorten the term of debarment.

102.05 AFFIRMATIVE DUTY TO NOTIFY THE DEPARTMENT

Every person submitting a bid or proposal to the Department of Transportation on any project shall be under the duty to notify the Department in writing and with each bid or proposal whether said person is under debarment in Maine or any other State, has been debarred by any Federal agency, or has been convicted of or pled guilty or nolo contendere to any bidding crime. Any person's failure to furnish such notification shall constitute a reason for considering debarment.

102.06 OBLIGATIONS OF A DEBARRED PERSON

Debarment by the Commissioner of any person shall in no way affect the obligations of that person to complete services already under contract.

102.07 EFFECTS OF DEBARMENT

Any debarred person shall not be employed in any capacity on any project administered by the Department during the term of debarment, except as specifically detailed by the Commissioner.

BASIS STATEMENT

This rule was enacted to protect public funds from contractors who have engaged or are engaged in anti-trust, collusive and other irresponsible activities. A public hearing was held on July 31, 1985 at the Department of Transportation. The only comment recommending any changes to this rule was to add the word "knowingly" as the first word of Section 102.02(D). The Commissioner has determined that this change is not advisable, since the addition of the word would render this section unenforceable.

The Commissioner determined that this rule would not have significant economic impacts on a substantial number of small entities in accordance with Executive Order 12 FY 84/85.

AUTHORITY: 23 M.R.S.A. §§4204, 4206

EFFECTIVE DATE: October 2, 1985

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

Chapter 103 Rules for the Sensible Transportation Policy Act

Code Me. R. 17-229 Ch. 103 Rule for the Sensible Transportation Policy Act {#sec-17-229-ch.-103 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 103}

RULE FOR THE SENSIBLE TRANSPORTATION POLICY ACT

17-229-103

Subchapter I - Maine Department of Transportation

Section 1 Summary 3

Section 2 Scope 3

Section 3 Definitions 4

Section 4 Planning Policies, Regional Involvement and Public Participation 7

Section 4A Introduction 7

Section 4B Policy Objectives 8

Section 4C Coordination with Regional Councils 8

Section 4D Municipal Planning 9

Section 4E MPO Planning and Coordination 10

Section 5 Statewide Long-Range Transportation Plan 10

Section 5A Introduction 10

Section 5B Transportation System Inventory 11

Section 5C Funding Scenarios and Future Implications 11

Section 5D Plan Development 11

Section 5E Finalization of the Statewide Long-Range Transportation Plan 12

Section 6 Capital Investment Decisions 12

Section 7 Significant Transportation Projects 12

Section 7A Introduction 12

Section 7B Transportation Strategy Evaluation 13

Section 7C Planning Meetings and Workshops 14

Section 7D Land Use Consistency Reports 15

Section 7E Draft Analysis and Public Hearing 15

Section 7F Final Analysis 16

Section 7G Non-MaineDOT Initiated Significant Transportation Projects 16

Section 8 Substantial Public Interest Projects 17

Section 8A General 17

Section 8B New and Modified Interchanges 17

Section 9 Community Enhancement and Project Scoping 18

Section 10 Project Development 19

Subchapter II - Maine Turnpike Authority

Section 1 Planning 20

Section 2 Significant Transportation Projects 20

Section 3 Substantial Public Interest Projects 25

Section 4 Capital Investments Decisions; MTA Capital Investment Plan 26

Section 5 Community Enhancement 27

Section 6 Project Development 27

Section 7 Inter-Agency Cooperation 28

Subchapter III – Municipal Planning

Section 1 Introduction 29

Section 2 Regional Transportation Planning: Purpose and Goals 29

Section 2A Conditions and Trends 29

Section 2B Analysis and Key Issues 31

Section 2C Transportation Vision, Goals, Policies and Strategies 33

Section 2D Submission Criteria 35

Section 2E Review Criteria 35

Section 2F Review and Update 35

Section 2G Public Involvement 35

Section 3 Community Transportation Investment Incentives 36

Section 3A Adoption 36

Section 3B Memorandum of Agreement 36

Section 3C Public Incentives 36

SUBCHAPTER I

Section 1: SUMMARY

This rule is adopted pursuant to the Sensible Transportation Policy Act, 23 M.R.S.A. §73. The decisions made in the transportation sector are of critical importance to the people of Maine. The field of transportation is diverse ranging from pedestrian to motorized vehicles to telecommunications. This rule reflects the diversity in the decision-making which occurs in the planning and development of Maine's transportation network.

The rule provides a framework for examining a range of choices. It recognizes there are benefits and costs (social, financial, energy, and environmental quality) to transportation decisions. The safety of the traveling public is of paramount importance, but transportation as a resource needs to be both supplied as well as conserved. The livability of a community can be significantly influenced by transportation and land use decisions. The rule identifies policies and management strategies for the analysis of these diverse issues.

This rule has been developed in response to the Sensible Transportation Policy Act, as amended. There are other state and federal statutes that significantly affect the Maine Department of Transportation's activities. These statutes (e.g. 23 USC §101 et seq. , Intermodal Surface Transportation Efficiency Act of 1991, ((ISTEA)) Pub. L. No. 102-240, 105 Stat 1914 and its subsequent authorizations, the National Environmental Policy Act, 42 U.S.C. §4321 et seq .; Clean Air Act, 42 U.S.C. §7401 et seq . and the Clean Water Act 33 U.S.C. §1251 et seq .) and others have specific processes and evaluations which may require a substantial commitment of resources by the Maine Department of Transportation (MaineDOT). To the extent possible MaineDOT shall avoid duplication when utilizingthe processes and evaluations set forth in this rule to meet its obligations under other state and federal laws.

Section 2: SCOPE

This rule applies to the transportation planning decisions, capital investment decisions, and project decisions of the Maine DOT.

The Maine Turnpike Authority's (MTA)'s governing statute is set forth in 23 M.R.S.A. §1961 et seq. (as amended). This rule also applies to the transportation planning, capital investment and project decisions of MTA.

In addition, this rule pertains to the growth management and transportation planning activities of municipalities.

Section 3: DEFINITIONS

The following definitions will apply to the terms used in this rule:

Abbreviations. The following abbreviations are used in the text of this rule:

FHWA Federal Highway Administration

MaineDOT Maine Department of Transportation

MPO Metropolitan Planning Organization

MRSA Maine Revised Statutes Annotated

MTA Maine Turnpike Authority

NEPA National Environmental Policy Act

RC(s) Regional Council(s) per MRSA Title 30-A §2302

TIP Transportation Improvement Program

USC United States Code

Alternatives. See Strategies

Auxiliary Lane. The portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, passing, truck climbing, and other purposes supplementary to through-traffic movement.

Capacity. The maximum sustainable flow rate at which persons or vehicles can reasonably be expected to traverse a point or uniform segment of a lane or roadway during a specified time period under given roadway, geometric, traffic, location and control conditions; usually expressed as vehicles per hour, passenger cars per hour, or persons per hour.

Capital Improvement Project. A project which requires expenditure to provide new facilities or to increase the value of an existing fixed asset by increasing its capacity, efficiency or extending its original useful life.

Community Enhancements. Enhancements that improve environmental quality above and beyond any project mitigation requirements. They ensure the project is designed and built with minimal disruption to the community, incorporating safe and technically sound solutions that add value for both the user and the community.

Comprehensive or Long Range Land Use Plan. A Comprehensive or Long Range Land Use Plan is one that has been adopted by a municipality or a multimunicipal region within the past five years and that has been found by the State Planning Office to be consistent with the Comprehensive Planning and Land Use Regulation Act and by the MaineDOT to be consistent with the applicable sections of the Sensible Transportation Policy Act and their respective rules.

Context Sensitive Solutions (CSS). Solutions that result from a collaborative, interdisciplinary approach involving all stakeholders in developing a transportation facility that compliments its physical, cultural and social setting and preserves scenic, aesthetic, and natural resources while maintaining safety and mobility.

Efficient or Efficiently: For purposes of this rule, theses terms relate to public or private actions that avoid or minimize negative effects on the transportation system, the state economy or the state’s natural and cultural resources. In addition, these terms relate to actions that prolong the life of existing transportation infrastructure.

Environmental Quality. For purposes of transportation and land use planning, environmental quality means avoiding, minimizing or mitigating impacts to the physical, cultural, social, scenic, aesthetic, and natural environment.

Interchange. A system of interconnecting roadways with one or more grade separations that provide for the movement of traffic between roadways on different levels. Interchanges include related bridges, overpasses, underpasses, ramps, and associated controlled access roads to the nearest state highway as defined by 23 M.R.S.A. §53.

Life Cycle Costs. The expected costs of building and maintaining a facility over the design life of that facility. These traditionally include:

(1) Initial capital cost of construction;

(2) Future capital costs of rehabilitation (overlays, reconstructions, etc.);

(3) Maintenance costs recurring through design period;

(4) Salvage at end of design life (a “negative cost”);

(5) Engineering and administration; and

(6) Costs of investment.

Long-Range Transportation Plans. These plans include the long-range multimodal statewide transportation plan and its mid-range transportation improvement plan. The long-range plan may be one document or may consist of individual planning documents included by reference.

Maintenance. The preservation and repair of vehicles, machinery, equipment, and transportation facilities to their designed or accepted standards. It may be scheduled, planned, progressive, or periodic (preventive maintenance), or it may be unscheduled or corrective.

Major distribution areas. Major distribution areas are highway interchanges, major routes and arterials. The criteria used to determine whether a highway is a major route or arterial will include land use, relative annual daily traffic, trip length, network configuration and continuity, and route spacing.

Minor addition of a Through Travel Lane. A non incremental, localized project which does not connect major distribution areas and which does not require an Environmental Impact Statement or Environmental Assessment pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. §4321 et seq .

Multimunicipal Region. Two or more adjoining municipalities that have formally joined together for transportation and land use planning purposes.

Preference. To choose to fund and implement Reasonable Transportation Strategies before physically increasing the capacity of a transportation facility. Preference requires MaineDOT to give weighted consideration to those strategies that are cost-effective and that adequately respond to the purpose and need for the transportation project. For the purposes of Chapter III, preference means to choose to fund and implement transportation strategies in communities where the land use management system complements the functions of the affected transportation system.

Reasonable Transportation Strategies. Strategies that adequately respond to the identified deficiency or need in the transportation network, are cost effective, and are capable of being implemented within a reasonable time period necessary to meet the transportation deficiency or need are considered reasonable. Reasonable transportation strategies must be easily accessible, affordable to the general public, available during high use hours and serve to reduce congestion on the highways. Reasonable Transportation Strategies may also include land use management tools adopted, implemented and enforced at the local level.

Regional Councils (RCs) include Regional Planning Commissions and Councils of Governments and Economic Development Districts.

Significant Transportation Projects. Maine Turnpike Authority, State or Federally Funded projects that increase carrying capacity by constructing:

(1) One or more through travel lanes that connect major distribution areas;

(A minor addition of a through travel lane is not a significant transportation project.)

(2) A new highway on new location;

(Minor relocation of highway is not new location.)

(3) A new bridge on new location;

(Minor relocation of a bridge is not new location.)

Other public investments that create new capacity.

For purposes of this rule, Significant Transportation Projects only include projects that increase carrying capacity that rely fully or partially on Maine Turnpike Authority, state or federal funds.

Strategies. For the purposes of this rule, strategies are transportation and land use solutions used on their own or in combination to achieve a desired and agreed upon outcome.

Substantial Public Interest Projects. Projects where one or more affected communities through their municipal officials formally request MaineDOT to deem the project a Substantial Public Interest Project. Such formal requests must outline specific public interest considerations.

System Preservation. Capital project actions intended to retain the existing value of an asset and its ability to perform in its current configuration or as constructed.

Through Travel Lanes. Portions of a roadway designated for the movement of vehicles traveling through an area, exclusive of shoulders and auxiliary lanes.

Transportation Corridor. Transportation system elements that interconnect communities; a corridor includes highways, rail lines, bicycle or pedestrian trails and/or any ancillary support facilities (park and ride lots, rail stations, etc.), or any combination of these facilities.

Transportation Demand Management. The use of techniques designed to change travel behavior in order to improve performance of transportation facilities and to reduce need for providing additional highway capacity. Methods may include, but are not limited to, ride-sharing and vanpool programs, trip-reduction incentives and congestion mitigation pricing. These methods will generally be evaluated on a regional basis rather than a project by project basis. Transportation Demand Management methods may also include local and or regional land use planning and regulatory activities that promote compact mixed patterns of development that reduce the need for additional highway capacity.

Transportation Mode. A particular form of travel such as traveling by foot, bicycle, automobile, bus, passenger and freight intercity rail, urban light rail, waterborne passenger and freight vessels, and air transport.

Transportation System Management Options. Techniques for increasing the efficiency, safety, capacity or level of service of a transportation facility. Examples include, but are not limited to, traffic signal improvements, traffic control devices including installing medians, parking removal, channelization, limiting the number and location of access points, ramp metering and restriping for high occupancy vehicle lanes.

Section 4: PLANNING, POLICY OBJECTIVES, REGIONAL INVOLVEMENT AND PUBLIC PARTICIPATION

A. Introduction

Adequate, safe and efficient transportation facilities and services are essential to the economy and well being of the State. These facilities and services should serve the diverse mobility needs of the State and should be planned and developed through effective public participation. Transportation and land use planning should be integrated with social, environmental, and economic objectives and coordinated with local, regional and statewide planning efforts to address environmental quality objectives. Planning for these facilities and services should be done to improve transportation system efficiency, improve the efficiency of vehicles and vehicle usage, and reduce waste and unnecessary energy use.

MaineDOT is the state agency charged with the overall responsibility for balanced transportation policy and planning. Implementation of MaineDOT's plans and policies is achieved through a continuing planning process which creates and maintains a long-range, multimodal statewide transportation plan, a mid-range transportation improvement plan, and associated transportation improvement program.

Under the umbrella of transportation planning several levels of effort are commonly found, namely: statewide systems planning, regional planning, corridor planning and project planning. It is important to note that each of these planning activities may involve different levels of complexity and require different levels of public involvement. The complexity of these planning activities requires integration of public input early and often from diverse sources at the regional and local levels. MaineDOT collaborates with the Regional Councils (RCs) who, as partners, play a vital role in ensuring the integration of public input and regional needs in MaineDOT’s planning process. RCs are uniquely equipped to assist in soliciting coordinating and summarizing public input to MaineDOT’s planning activities. The results of RC-led public involvement activities are incorporated into the Department’s overall transportation plans.

B. Policy Objectives

The following policy objectives shall be used by MaineDOT, MPOs, RCs and municipalities in making transportation planning, capital investment and project development decisions:

Minimize the harmful effects of transportation on public health, air and water quality, land use and natural resources.

Coordinate the efficient use of all available and potential future modes of transportation.

Give preference to non-highway new capacity projects before building new highway capacity when such non-highway new capacity projects are cost effective, feasible and meet the identified purpose and need for the transportation investment.

Repair, maintain and improve Maine’s transportation system to provide a safe, efficient, and adequate transportation network.

Reduce the state's reliance on foreign oil and promote reliance on energy efficient forms of transportation.

Meet the diverse transportation needs of the people of the State, including rural and urban populations and the unique mobility needs of the elderly and disabled.

Be consistent with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act.

Incorporate a public participation process in which state, regional and local governmental bodies and the public have timely notice and opportunity to identify and comment on concerns related to transportation planning decisions, capital investment decisions and project decisions.

Promote investment incentives for communities that adopt and implement land use plans that minimize over-reliance on the state highway network.

Be cost effective and operate within fiscal constraints.

C. Coordination with Regional Councils

MaineDOT in collaboration with the RCs will develop and implement a public participation process providing for early and effective public involvement in long and mid-range transportation planning. This process will be designed to provide MaineDOT with an improved perspective regarding statewide, regional and local needs, values and priorities.

To have a better understanding of regional needs outside the MPO areas, MaineDOT will work with RCs to solicit public input, assess regional and local needs and develop regional priorities. RCs may assist in:

(1) Providing staff support to MaineDOT in the development of recommendations and regional needs assessments;

(2) Coordinating, facilitating and reporting on public meetings or hearings for a variety of transportation initiatives;

(3) Conducting regional outreach;

(4) Identifying local/regional transportation needs and deficiencies;

(5) Assimilating local and regional transportation data;

(6) Identifying local and regional land use concerns and goals and assisting municipalities identify the local context surrounding a proposed transportation investment;

(7) Developing regional and community transportation goals;

(8) Coordinating opportunities for public review and comment on the Statewide Long-Range Transportation Plan and the Mid-Range Transportation Improvement Plan and other planning documents;

(9) Coordinating and undertaking regional transportation planning;

(10) Integrating transportation planning into long-range land use and comprehensive plans;

(11) Identifying local cultural and historic resources; and

(12) Other functions that are mutually agreed upon.

D. Municipal planning

In order to facilitate MaineDOT’s consideration of local comprehensive or long range land use plans, municipal or multi-municipal plans should be developed in accordance with Subchapter III of this Rule.

E. MPO Planning and Coordination

Transportation planning within Maine's Metropolitan Planning Areas is the responsibility of each respectively designated Metropolitan Planning Organization (MPO). MPOs carry out their planning activities in cooperation with MaineDOT, and are subject to the same state and federal planning policies, processes and requirements as MaineDOT.

The transportation plans and transportation improvement programs developed by the MPOs are incorporated into MaineDOT's long-range plans and capital improvement plans. The MPOs are responsible for self-certifying to MaineDOT and FHWA that the MPO planning process conforms to both State and Federal rules for transportation planning.

When developing or updating MPO long range plans, MPOs in cooperation with MaineDOT and the Regional Councils will develop and maintain an inventory of existing and proposed transportation systems. This inventory will be comprehensive and will include such elements as system usage, system characteristics and system condition.

MPO long-range plans should also include consideration of municipal or multimunicipal land use development patterns and management efforts within the MPO planning area. MPO long-range plans may include transportation and land use planning policies that guide MPO and MaineDOT capital investment decisions and planning processes. MPOs may also include recommendations to MaineDOT and MPO area municipalities for land use and transportation goals, policies, objectives and strategies that assure the long-term benefits of the regional transportation system.

When an MPO Long-Range Plan includes recommendations for projects which add new highway capacity, the MPO long-range plan must may document existing land use conditions in the area(s) affected bythe proposed project(s) and include land use policy recommendations to municipalities to preserve any added capacity.

Section 5: STATEWIDE LONG-RANGE TRANSPORTATION PLAN

A. Introduction

The Statewide Long-Range Transportation Plan will be MaineDOT's primary planning document. It will be developed using a context sensitive approach and will incorporate a comprehensive, cooperative and continuous planning process that considers all modes of transportation, socio-economic and demographic trends, as well as other state objectives and initiatives. It will be based on the policy objectives set forth in Subchapter I, Section 4-B of this rule. The plan will identify the State's multimodal transportation needs and deficiencies and will consider the current and forecasted transportation system deficiencies and needs identified by MaineDOT’s asset management systems, the Maine Turnpike Authority (MTA), MPOs, RCs, local officials, and the public through a broad public participation process. It will then outline the goals and strategies for addressing the identified deficiencies and needs and will describe funding methods and allocations priorities to implement these strategies.

The Statewide Long-Range Transportation Plan will have as a minimum a twenty year planning horizon, but may include ten year investment initiatives. A longer planning horizon may be used as appropriate. The plan will be periodically updated (at least every five years and no less frequently than is required by FHWA) as new needs and issues are identified using the same process that is described in this section of the rule.

B. Transportation System Inventory

As part of the statewide planning process MaineDOT, in cooperation with the MTA, MPOs and the RCs, will develop and maintain an inventory of the existing transportation systems. This inventory will be comprehensive and will include an analysis of trends and projections for system usage, system characteristics and system condition as well as environmental quality impacts.

C. Funding Scenarios and Future Implications

The Plan will discuss the implications of different funding scenarios for the long term performance of all modes of transportation.

D. Plan Development

MaineDOT, in cooperation with the MTA, MPOs and the RCs, will develop a long range statewide multimodal transportation plan. This plan will incorporate multimodal policies and programs to address priority safety needs, system preservation needs, system rehabilitation needs, and system efficiency needs and initiatives to meet, manage and reduce current and forecasted travel demand. In developing this Plan, transportation investment options and strategies that promote the policy objectives of Subchapter I, Section 4-B will be considered. MaineDOT may seek the input from other state or federal agencies whose missions may affect or be affected by transportation initiatives. MaineDOT will provide the public an opportunity to comment as it develops its draft plan. The Plan will include a discussion of the following:

(1) Maintaining, improving, and expanding the current highway system;

(2) Implementing, improving and expanding transit, passenger rail and ferry services;

(3) Maintaining, improving and expanding bicycle lanes, paths and facilities, sidewalks and pedestrian paths;

(4) Improving and expanding seaports, airports and freight rail service as well as access to these facilities;

(5) Transportation system management techniques;

(6) Transportation demand management techniques;

(7) Implementing current and emerging technological innovations relative to transportation that will further the policies of Subchapter I, Section 4B; and

(8) Land use management policy objectives and incentives designed to lengthen the life and preserve the function of transportation systems.

E. Finalization of the Statewide Long-Range Transportation Plan

At the completion of the public participation process, MaineDOT will formulate and issue a final Statewide Long-Range Transportation Plan. In the plan, or in a separate report issued concurrently, MaineDOT will address substantive public comments and suggestions and will explain its rationale for adopting or rejecting suggested changes. Similar comments need not be addressed individually.

Section 6: CAPITAL INVESTMENT DECISIONS

Based on the Statewide Long-Range Transportation Plan, MaineDOT develops a Mid-Range Transportation Improvement Plan (Mid-Range Plan). The Mid-Range Plan covers a horizon of at least six years and includes an outline of priority policies, programs, initiatives and projects that MaineDOT anticipates implementing over that horizon. The Mid-Range Plan is financially constrained and is updated as needed to support development of the Department’s Capital Work Plan. The Mid-Range Plan may not include transportation maintenance investments or specific safety improvements as these types of investments are continually evaluated and prioritized. When developing a comprehensive revision of the Mid-Range plan, MaineDOT will consider input from state and federal agencies, utility companies, MPOs, RCs, municipal officials, the general public and other stakeholders (Maine Turnpike Authority, Northern New England Passenger Rail Authority, Maine Port Authority, etc.) to ensure broad based public input.

MaineDOT's capital investment decisions are reflected in its Capital Work Plan. The Capital Work Plan will be drawn primarily from the Mid-Range Plan, which will be presented to the Legislature in support of the Department’s biennial budget request.

When developing the Capital Work Plan, MaineDOT will select projects based on regional importance, MPO Transportation Improvement Programs, identified need and municipal requests as well as on the priorities outlined in the Mid-Range Plan. The Capital Work Plan will be multimodal and include appropriate transportation demand management and system management options.

Projects and programs selected for inclusion in the Capital Work Plan will be those that best promote and implement the policy objectives set forth in Subchapter I, Section 4-B, are responsive to the identified transportation system deficiencies and needs, ensure the necessary maintenance and preservation of the existing transportation system, and are consistent with available financial resources.

Section 7: SIGNIFICANT TRANSPORTATION PROJECTS

A. Introduction

Whether initiated by MaineDOT, MPOs, municipalities or others, all planning for significant transportation projects shall adhere to the requirements of the Sensible Transportation Policy Act (STPA). Before funding a significant transportation project, the STPA requires that the department evaluate the full range of reasonable transportation strategies to address the transportation need. Both STPA and the National Environmental Policy Act (NEPA) require that MaineDOT identify and develop strategies that are context sensitive and minimize adverse affects to environmental quality. In an effort to streamline and integrate the federal and state decision-making processes, MaineDOT will perform the STPA strategy evaluation process in coincident with undertaking the NEPA planning and decision-making process.

Land use and transportation decisions are interdependent. The STPA policies require consideration of land use impacts from transportation investments and consistency with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act. NEPA requires analysis of secondary and cumulative impacts from transportation actions. Before taking any action that adds transportation capacity, the Department and MPO’s may consider or recommend potential land use strategies to be adopted by municipalities whose effect would be to preserve corridor capacity, manage corridor mobility, protect public investment in infrastructure and public services, and foster transportation-efficient land uses that combat the public costs of sprawl. Because neither MaineDOT nor the MPOs have land use authority, these agencies shall work in partnership with municipalities to achieve such goals.

This rule is intended to require a corridor planning and development process such that a series of individual transportation improvement projects, when viewed comprehensively, are evaluated in accordance with this section to determine if they increase capacity.In addition, this rule calls for an evaluation of strategies when existing highway features, such as breakdown lanes, auxiliary lanes, and sidewalks are considered for conversion to through lanes.

B. Transportation Strategy Evaluation

When a transportation need or deficiency has been identified through the transportation planning process and that need or deficiency results in a potential significant transportation project, MaineDOT’s planning process will evaluate a full range of reasonable transportation strategies before funding the improvement. The strategies to be considered will include:

(1) New facilities and services, including different modes of transportation or combinations of modes that could reasonably meet identified transportation needs. The different modes of transportation that should be included where appropriate under the strategy evaluation include but are not limited to:

(a) Highway and bridge

(b) Passenger and freight air services and facilities

(c) Transit services

(d) Rideshare options

(e) Ferry service or cargo/passenger port improvements

(f) Freight and passenger rail services and facilities

(g) Bicycle facilities

(h) Pedestrians facilities

(i) Intermodal facilities

(j) Tolling

(2) Transportation system management options;

(3) Transportation demand management options;

(4) A no-build option;

(5) Land use management strategies applied by local governments; and

(6) Other reasonable alternatives generated through the public participation process.

Consideration of reasonable transportation and land use strategies should take place on a corridor or statewide basis as opposed to a project by project basis. Information gathered from a regional analysis may be used on multiple projects within the corridor.

The Department need not study or evaluate transportation and land use strategies that have been found to be unacceptable or infeasible along a corridor, providing that no significant changes have occurred affecting the prior analysis. This finding must be based on sufficient objective data, which should include consideration of public acceptability.

The State is not required to study or evaluate transportation or land use strategies along a corridor if the transportation strategies are in place and functioning as determined by MaineDOT, provided sufficient data exists to accurately assess the adequacy of the strategies.

MaineDOT, MPOs, RCs and/or municipalities will engage each other at the earliest possible opportunity in planning for and identification of significant transportation projects. In this way, the best combination of land use and transportation strategies for meeting the policies outlined in Subchapter I, Section 4-B of this rule may be evaluated. This will provide an opportunity for MaineDOT, MPOs, RCs and/or municipalities to address important land use strategies.

C. Planning Meetings and Workshops

In developing the range of reasonable strategies with which to evaluate significant transportation projects, MaineDOT will initiate a public participation process commensurate with the scope of the project. The information provided through the public participation process may include the following:

(1) Outline the transportation deficiency and need in terms of safety, congestion, substandard infrastructure, and land use management or other appropriate measures;

(2) Suggest various strategic solutions to the transportation deficiency or need;

(3) Describe available information concerning projected life-cycle costs and operational costs of the strategies; and

(4) Describe available information concerning the land use, energy, and environmental impacts of the various strategies, including the range of mitigation measures and community enhancement measures which could minimize such impacts.

The public involvement process will:

(1) Solicit public comment on the suggested alternatives; and

(2) Invite ideas from the public.

Where MaineDOT determines appropriate, form an advisory committee with which it would meet regularly as detailed evaluations and recommendations are developed.

D. Land Use Consistency Reports

In developing the range of transportation and land use strategies to evaluate, MaineDOT will determine whether the strategies under consideration are consistent with the Long-Range Land Use Plan and – if there is no plan – whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act. In place of MaineDOT's doing this analysis, MaineDOT may request that the State Planning Office (SPO) and/or the municipality and/or the RC and/or the MPO prepare a report to MaineDOT indicating whether the strategies under consideration are consistent with the local comprehensive plan, or if there is no local plan whether they are consistent with the Long-Range Land Use Plan, or if there is no local plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act.

If a preferred strategy conflicts with a Long-Range Land Use Plan, MaineDOT will make a good faith effort to address the conflict. If the Long-Range Land Use Plan policy recommendations are determined to potentially reduce the transportation benefits of the preferred transportation strategy, MaineDOT may a) request that the host or affected municipalities enact land use management strategies to avoid or minimize activities that could reduce the transportation benefits of the significant transportation project, b) decide the loss of transportation benefits outweighs the cost and not build the project, or c) apply a surcharge to the local cost share to offset the loss of benefits.

Absent a Long-Range Land Use Plan, MaineDOT will consider the project context by evaluating documented and regulated municipal resources of value such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process.

E. Draft Analysis and Public Hearing

After receiving all transportation and land use strategy suggestions, MaineDOT will review the strategies to determine if they adequately address the agreed upon transportation deficiency or need in a safe manner at a reasonable cost with available technology while avoiding, minimizing, or mitigating impacts to regulated resources. The review may also be based on the available life cycle cost and operational cost of each strategy and its potential to reduce vehicle miles or hours traveled. It may also include a planning level review of how each strategy meets the policies of Subchapter I, Section 4-B.

MaineDOT will give preference to those reasonable transportation and land use strategies that best meet the identified transportation purpose and need and the policy objectives set forth in Subchapter I, Section 4-B of this rule.

MaineDOT will notify local officials, RCs and the public of the availability of the draft strategy evaluation and analysis. The draft analysis will be made available for public review at convenient locations. The public will be given a reasonable period of time to comment on the draft analysis. Based on the nature and number of comments received, MaineDOT may hold a public hearing on the draft strategy evaluation and analyses. Public notice shall be provided at least two weeks in advance of such a hearing.

F. Final Analysis

Upon completion of the public participation process, MaineDOT will issue a final strategy analysis, describing its analysis and addressing public comments. Similar comments need not be addressed individually.

G. Non-MaineDOT Initiated Significant Transportation Projects

Most significant transportation projects are initiated through MaineDOT's long-range planning process. This section outlines procedures by which Municipalities, MPOs, RCs and other stakeholders may directly request studies for significant transportation projects. MaineDOT may require that the party(ies) initiating the request provides the following before MaineDOT considers funding the study:

Formal resolution of support from elected State and local officials whose jurisdictions MaineDOT determines would likely be affected by the potential project;

Formal resolution of support from other stakeholders MaineDOT determines would likely be affected by the potential project, such as an adjacent municipality, MPO and/or RC;

Formal acknowledgement and commitment from requestor(s) to partner with MaineDOT as it conducts a thorough planning process, as required by applicable State and Federal Laws, including the evaluation of all reasonable transportation strategies prior to a decision to fund a significant transportation project;

Acknowledgement or commitment through a State and Local Agreement, by municipalities likely impacted by the potential project to address land use impacts, including any necessary land use plan, policy or ordinance, that will help preserve the long term life of any transportation investment that increases existing highway capacity or adds new capacity. MaineDOT, in consultation with the State Planning Office, reserves the right to determine whether the land use plans, policies or ordinances adopted by the affected municipalities will preserve the long term life of such transportation investments;

If needed in MaineDOT’s determination, a broader public involvement process such as holding advertised public meeting(s) on the potential project;

A statement from the initiating party or parties that describes (i) the financial commitments it is prepared to make for the payment of costs related to the study, planning and preliminary design of the proposed project, and (ii) the further financial commitments it envisions will be in place for the payment of costs related to final design, permitting, construction and operation of the proposed project; and

An opinion of outside counsel as to the binding nature of any of the undertakings, statements, resolutions or commitments made pursuant to the provisions of this section.

Section 8: SUBSTANTIAL PUBLIC INTEREST PROJECTS

A. General

If MaineDOT determines that a transportation project is not a significant transportation project, but involves issues of substantial public interest, MaineDOT will engage a public participation program tailored to that project.

MaineDOT may require a report from a municipality, RC, or other entity representing the municipality documenting the proposed project's consistency with a Long-Range Land Use Plan. Absent a Long-Range Land Use Plan, MaineDOT may consider otherwise unregulated municipal resources of value that have been formally documented in a statement by the municipality’s legislative body, such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process. MaineDOT may seek advice from SPO, the affected RC and municipalities on how to avoid or mitigate those impacts which are found to be inconsistent with the Long-Range Land Use Plan and/or formally adopted statement.

MaineDOT will respond to such advice as the project is planned and developed. Whether or not a municipality has requested the substantial public interest transportation project, MaineDOT may require that the host municipality(ies) enact land use management mechanisms to avoid or minimize activities that could reduce the benefit of the transportation project consistent with the State and Local Agreement discussed in Subchapter I, Section 9.

B. New and Modified Interchanges

Since the establishment or modification of an interchange usually is of substantial interest to the public and may have potential impacts on land use, all interchange improvement projects with a purpose and need to add capacity shall be deemed to be substantial public interest projects.

MaineDOT, together or in consultation with the MTA, an MPO, RC and affected municipality(ies), as applicable, will:

Prepare or clarify a preliminary statement of the purpose and need for the proposed interchange;

Perform a comprehensive traffic analysis for the proposed new or modified interchange to assess its impact on the adjacent highways connected by the interchange.

Identify and assess land use impacts of the proposed improvements to determine whether the proposed interchange modifications and existing land use controls are consistent with the Long-Range Land Use Plan adopted pursuant to the Comprehensive Planning and Land Use Regulation Act, or if there is no local plan, whether it is consistent with the goals of the Act.

MaineDOT will engage a public participation effort tailored to that project. This effort will allow for early notice to the affected public and municipality and will allow the public the opportunity to comment on the project as it is being planned and developed. MaineDOT will respond to comments it receives through the public participation effort as the project is planned and developed. This public participation effort will be managed by either MaineDOT or its designated municipal or regional representative. MaineDOT may also include an evaluation of reasonable transportation strategies, transportation demand management options and transportation system management options to determine whether an alternative to the planned improvement may be more appropriate.

In the event that the proposed interchange is found to be inconsistent with a Long-Range Land Use Plan or the goals of the Act, or if its land use impacts are found to be adverse to the policies of Subchapter I, Section 4-B, MaineDOT shall seek the advice of the municipality or regional entity as to how to avoid, minimize or mitigate the inconsistency or adverse impact. Whether or not a municipality has requested the proposed interchange improvements, MaineDOT may require that the host municipality(ies) enact land use management mechanisms to avoid or minimize activities that could reduce the transportation benefit of the interchange project.

Section 9: COMMUNITY ENHANCEMENT, CONTEXT SENSITIVE SOLUTIONS and PROJECT SCOPING

In consultation with municipal officials and as part of the planning (project scoping) and preliminary design process, capital improvement projects will be reviewed to determine how they may be developed in support of community needs, values and livability. MaineDOT will assemble sufficient data to support an understanding of relevant community assets and values on all projects other than those described by the MaineDOT as “system preservation”. In addition, MaineDOT assembles data regarding natural and cultural resources that are protected by Federal and State Law.

MaineDOT may utilize the services of an architectural historian, a landscape architect/designer, an archeologist, an architect, an artist, a land use planner, a biologist, a geologist, or any other required expertise. The extent of this review will depend upon MaineDOT’s purpose and need for the transportation project. Unless otherwise provided for, the enhancement options identified by this review and requested by the community may be implemented by a shared investment program. Once the review is completed, a State and Local Agreement will be developed detailing the project scope and financial participation. Not every State and Local Agreement will have a community enhancement component. Community enhancements may include such provisions as facilities for pedestrians and bicycles, acquisition of scenic easements and historic sites, landscaping, use of materials that enhance historical preservation or community character, mitigation of water pollution due to highway run off, and other similar enhancements.

Section 10: PROJECT DEVELOPMENT

A. Introduction

MaineDOT, as outlined in Subchapter I, Section 6, will develop a Biennial Capital Work Plan that describes which projects will be initiated, the funding prerequisites and the proposed schedule. Projects appearing in the Biennial Capital Work Plan or its updates will be implemented as prescribed.

During preliminary design of funded projects, at MaineDOT’s discretion or if requested by municipal officials, MaineDOT will engage a public participation process to explain:

(1) The scope and schedule of the project and how the selected strategy was decided upon, as well as the design features that will be utilized;

(2) The impact of the construction on the community;

(3) Any mitigation and community enhancements to be applied; and

(4) The process for property acquisitions to be incorporated into the project development.

B. MaineDOT’s public participation process will:

Notify abutters in compliance with MaineDOT’s public involvement plan;

(2) Solicit individual comments and concerns of those persons impacted by the project;

(2) Be available to respond to individuals affected by the project; and

(4) Incorporate additional citizen concerns and suggestions into the project design as appropriate.

SUBCHAPTER II – MAINE TURNPIKE AUTHORITY

This subchapter applies to the transportation planning decisions, capital investment decisions and project decisions of MTA. The definitions set forth in Section 3 of Subchapter I apply to this Subchapter. To the extent a RC for a region is designated by MaineDOT to perform the functions of a Planning and Development Organization for that region, references in this Subchapter to it shall include such RC.

Section 1: PLANNING

MaineDOT is the state agency charged with overall responsibility for balanced transportation planning and policy as reflected in the provisions of Subchapter II governing the development of the Statewide Long-Range Transportation Plan. MTA has responsibility for the development, management and operation of the Turnpike and related transportation systems in accordance with its enabling act, 23 MRSA §§ 1961, et seq . In connection with the development and adoption of the Statewide Long-Range Transportation Plan by MaineDOT, MTA shall develop and submit an MTA Planning Report that will be consistent with the policy objectives of the Sensible Transportation Act and will include:

(1) An inventory (meeting the applicable requirements of Section 5-B of Subchapter I) of transportation systems under MTA jurisdiction;

(2) Identification of the nature and extent of (i) current and future deficiencies and needs of transportation systems under MTA jurisdiction, and (ii) any other current and future transportation system deficiencies and needs related to or connected with the transportation systems under MTA jurisdiction, all based on an analysis which considers, at a minimum, the information developed by MTA under this section, information available from the activities of MaineDOT and the regional planning and development organizations under Subchapter I and identified state/regional/local transportation goals and policy objectives; and

(3) MTA's recommendations for transportation improvement strategies, project priorities and multimodal projects and programs within its jurisdiction that should be considered by MaineDOT in preparing and approving the Statewide Long-Range Transportation Plan in order to address priority safety needs, system preservation needs, system rehabilitation needs and system efficiency needs and projects or programs to meet, manage and reduce current and forecasted travel demand.

The MTA Planning Report shall be considered by MaineDOT in developing the Statewide Long-Range Transportation Plan. The MTA Planning Report will be updated periodically (at a minimum every five years) as new needs and issues are developed using the same process that is described in this Section 1.

Section 2: SIGNIFICANT TRANSPORTATION PROJECTS

A. Introduction

All MTA planning for significant transportation projects, whether initiated by MTA or others, shall adhere to the requirements of the Sensible Transportation Policy Act (STPA). Before funding a significant transportation project, the STPA requires that the MTA evaluate the full range of reasonable transportation strategies to address the transportation need.

The STPA requires that MTA transportation planning decisions be consistent with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act. Before taking any action that adds transportation capacity, the MTA may consider or recommend potential land use strategies that will work to preserve corridor capacity, manage corridor mobility, protect public investment in infrastructure and public services, and foster transportation-efficient land uses that combat the public costs of sprawl.

This rule is intended to require a corridor planning and development process such that a series of individual transportation improvement projects, when viewed comprehensively are evaluated in accordance with this section to determine if they increase capacity.In addition, this rule calls for an evaluation of strategies when existing highway features, such as breakdown lanes, auxiliary lanes, and sidewalks are considered for conversion to through lanes.

B. Transportation Strategy Evaluation

When a transportation need or deficiency has been identified through the transportation planning process, and that need or deficiency results in a potential significant transportation project, MTA's planning process will evaluate a full range of reasonable transportation strategies before funding the improvement. The strategies to be considered will include:

(1) New facilities and services, including different modes of transportation or combinations of modes that could reasonably meet identified transportation needs. The different modes of transportation that may be considered under the strategy evaluation when appropriate include but are not limited to:

(a) Highway and bridge

(b) Passenger and freight air services and facilities

(c) Transit services

(d) Rideshare options

(e) Ferry service or cargo/passenger port improvements

(f) Freight and passenger rail services and facilities

(g) Bicycle facilities

(h) Pedestrians facilities

(i) Intermodal facilities

(j) Tolling

(2) Transportation system management options;

(3) Transportation demand management options;

(4) A no-build option;

(5) Land use management strategies applied by local governments; and

(6) Other reasonable strategies generated through the public participation process.

Consideration of reasonable transportation and land use strategies should take place on a corridor or statewide basis as opposed to a project by project basis. Information gathered from a corridor analysis may be used on multiple projects within the corridor.

The MTA need not study or evaluate transportation or land use strategies that have previouslybeen found to be unacceptable or infeasible along a corridor, providing that no significant changes have occurred affecting the prior analysis. This finding must be based on sufficient objective data, which should include consideration of public acceptability.

The MTA is not required to study or evaluate transportation or land use strategies along a corridor if comparable strategies are in place and functioning as determined by MTA, provided sufficient data exists to accurately assess the adequacy of the strategies.

MTA, MPOs and/or municipalities will engage each other at the earliest possible opportunity in planning for and identification of significant transportation projects. In this way, the best combination of strategies for meeting the policies of the Sensible Transportation Policy Act may be evaluated.

C. Planning Meetings and Workshops

In developing the range of reasonable strategies with which to evaluate significant transportation projects, MTA will initiate a public participation process commensurate with the scope of the project.

The information provided through the public participation process may include the following:

(1) Outline the transportation deficiency and need in terms of safety, congestion, substandard infrastructure, and land use management or other appropriate measures;

(2) Suggest various strategic solutions to the transportation deficiency or need;

(3) Describe available information concerning projected life-cycle costs and operational costs of the strategies; and

(4) Describe available information concerning the land use, energy and environmental quality impacts of the various strategies including the range of mitigation measures and community enhancement measures which could minimize such impacts;

The public involvement process will:

(1) Solicit public comment and seek concurrence on transportation deficiencies and suggested strategies; and

(2) Invite strategy ideas from the public;

When the MTA determines appropriate, it may form an advisory committee with which it will regularly meet as detailed evaluations and recommendations are developed.

D. Land Use Consistency Reports

In developing the range of transportation and land use strategies to evaluate, MTA will determine whether the strategies under consideration are consistent with the local Long-Range Land Use Plan and if there is no plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act. Instead of MTA doing this analysis, MTA may require that the municipality and/or the RC and/or the MPO prepare a report to MTA indicating whether the strategies under consideration are consistent with the applicable Long-Range Land Use Plan, or if there is no local plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act.

If a preferred strategy conflicts with a Long-Range Land Use Plan, MTA will make a good faith effort to address the conflict. If the Long-Range Land Use Plan policy recommendations are determined to potentially reduce the transportation benefits of the preferred transportation strategy, MTA may require the host or affected municipalities enact land use management strategies to avoid or minimize activities that could reduce the transportation benefits of the significant transportation project.

Absent a Long-Range Land Use Plan, MTA may consider documented municipal resources of value such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process.

E. Draft Analysis and Public Hearing

After receiving all transportation and land use strategy suggestions, the strategies will be reviewed to determine if they adequately address the agreed upon transportation deficiency or need in a safe manner at a reasonable cost with available technology. The review may also consider the available life cycle costs and operational costs of each strategy and its potential to reduce vehicle miles or hours traveled. It may also include a planning level review of how each strategy meets the policies of the Sensible Transportation Policy Act.

MTA will give preference to those reasonable transportation and land use strategies that best meet the identified transportation purpose and need and the policies set forth in the Sensible Transportation Policy Act.

MTA will notify local officials, RCs, and the public of the availability of the draft strategy evaluation and analysis. The draft analysis will be made available for public review at the MTA headquarters. The public will be given a reasonable period of time to comment on the draft analysis. Based on the nature and number of comments received, MTA may hold a public hearing on the draft strategy evaluation and analyses. Public notice shall be provided at least two weeks in advance of such a hearing.

F. Final Analysis

Upon completion of the public participation process MTA will issue a final strategy analysis, describing its analysis and addressing public comments. Similar comments need not be addressed individually.

G. Non-MTA Initiated Significant Transportation Projects

Most significant transportation projects are initiated through MTA's long-range planning process. This section outlines procedures by which a Municipality ("a proponent") may directly request significant transportation projects. MTA may require that proponent initiating the request provide the following before MTA considers the request:

(a) A preliminary statement of the purpose of and need for the proposed project. This statement should identify existing and anticipated capacity, safety, and/or accessibility deficiencies and the basic project objectives. Technical measures such as traffic volumes, level of service, delays, queues, travel times, accident data, pedestrian data, land use data, and other relevant information should be supplied to demonstrate the need for the proposed project.

(b) The current municipal comprehensive plan(s) along with a written statement by the municipality (ies) that the proposed project would be consistent with the applicable municipal comprehensive plan(s).

(c) A list of alternatives that the proponent believes are worthy of consideration. This need not be exhaustive, but should include any alternatives that have been previously considered or discussed, even in a preliminary manner.

(d) Documentation of any previous studies that have been conducted.

(e) Minutes or transcripts of any public meetings or hearings that have occurred.

(f) Letters of support from surrounding municipalities

(g) A statement of why the expenditure of Authority funds for the proposed project would be justified.

(h) A formal resolution of support from the proponent's legislative body, as well as the opinion of outside counsel to the proponent regarding the valid and binding nature of the resolution.

(i) A description of the proponent's commitment to assist the MTA in the planning process required by the Sensible Transportation Act and these rules.

(j) The financial commitment the proponent is prepared to make for the payment of costs related to the study, planning and preliminary design of the proposed project, as well as further financial commitments for the payment of costs related to final design, permitting, construction and operation of the proposed project.

Section 3: SUBSTANTIAL PUBLIC INTEREST PROJECTS

A. General

If MTA determines that a transportation project is not a significant transportation project but involves issues of substantial public interest, MTA will engage a public participation effort tailored to that project.

MTA may request a report from a municipality, RC, or other entity representing the municipality documenting the proposed project's consistency with the local Long-Range Land Use Plan. Absent a Long-Range Land Use Plan, MTA will consider municipal resources of value that have been formally documented by the municipality’s legislative body, such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process. MTA may seek advice from SPO, the affected RC and municipalities on how to avoid or mitigate those impacts which are found to be inconsistent with the Long-Range Land Use Plan and/ or formally adopted statement. MTA will respond to such advice as the project is planned and developed. MTA may require as a condition of building the project that the host municipality or municipalities enact land use management mechanisms to avoid or minimize activities that could reduce the benefit of the transportation project.

B. New and Modified Interchanges

Since the establishment or modification of an interchange usually is of substantial interest to the public and may have potential impacts on land use, all interchange improvement projects with a purpose and need to add capacity shall be deemed to be substantial public interest projects.

MTA, together or in consultation with the applicable MPO, RC and affected municipality, will:

(1) Prepare or clarify a preliminary statement of the purpose and need for the proposed interchange,

(2) Perform a comprehensive traffic analysis for the proposed new or modified interchange to assess its impact on traffic on the adjacent highways connected by the interchange,

(3) Identify and assess land use impacts of the proposed improvements to determine whether the proposed interchange modifications and existing land use controls are consistent with the local Long-Range Land Use Plan adopted pursuant to the Comprehensive Planning and Land Use Regulation Act, or if there is no local plan, whether it is consistent with the goals of the Act,

(4) MTA will engage a public participation effort tailored to that project. This effort will allow for early notice to the affected public and municipality and will allow the public the opportunity to comment on the project as it is being planned and developed. MTA will respond to comments it receives through the public participation effort as the project is planned and developed. This public participation effort will be managed by either MTA or its designated municipal or regional representative. MTA may also include an evaluation of reasonable transportation strategies, transportation demand management options and transportation system management options to determine whether an alternative to the planned improvement may be more appropriate.

In the event that the proposed interchange is found to be inconsistent with the applicable Long-Range Land Use Plan or the goals of the Sensible Transportation Act, MTA shall seek the advice of the municipality or regional entity as to how to avoid, minimize or mitigate the inconsistency or adverse impact. MTA may require as a condition of building the interchange or interchange improvement that the host municipality or municipalities enact land use management mechanisms to avoid or minimize activities that could reduce the transportation benefit of the interchange project.

Section 4: CAPITAL INVESTMENT DECISIONS; MTA CAPITAL INVESTMENT PLAN

MTA shall prepare annually a capital investment plan (the "MTA Capital Investment Plan") for MTA's capital investment decisions that will be comparable in scope and content to the TIP prepared by MaineDOT. MTA will select projects in consultation with local officials and regional planning and development organizations. The MTA Capital Investment Plan will be multimodal and include appropriate transportation demand management and system management options.

Projects and programs selected for inclusion in the MTA Capital Investment Plan will be those that best promote and implement the policy objectives set forth in the Sensible Transportation Act, are responsive to the identified transportation system deficiencies or needs, ensure the necessary maintenance and preservation of the existing transportation system and are consistent with financial resources available to MTA.

Before adopting an MTA Capital Investment Plan, MTA will make available to the public its draft Capital Investment Plan and provide citizens, regional councils, affected public agencies and other interested parties with an opportunity to review and comment on the draft Capital Investment Plan. Where substantial public interest exists, MTA will hold a public hearing on its draft Capital Investment Plan. MTA will respond to comments on its draft Capital Investment Plan either individually or through a published report. MTA will consider all comments in developing the final MTA Capital Investment Plan.

MTA may add, change scope, transfer, or delete a project from one MTA Capital Investment Plan to another as necessary and appropriate to best meet the overall policy objectives set forth in Section 4-B of Subchapter I of this Rule. Newly proposed significant highway projects will be subject to the evaluation and process set forth in Section 2 of this Rule. Projects which are not significant but which were not previously included in the MTA Capital Investment Plan may be implemented under an abbreviated public participation process in cooperation with the regional transportation advisory committee as necessary to meet the critical needs of the State. The addition of maintenance projects will not require a public participation process.

Section 5: COMMUNITY ENHANCEMENT

A. Introduction

In consultation with municipal officials and as part of the planning (project scoping) and preliminary design process, capital improvement projects will be reviewed to determine how they may be developed in support of community needs, values and livability. MTA will assemble sufficient data to support an understanding of relevant community values and assets on projects other than system preservation,. In addition, MTA assembles data regarding natural and cultural resources that are protected by Federal and State Law.

The extent of this review will be dependent upon MTA’s purpose and need for the transportation project. Unless otherwise provided for, the enhancement options identified by this review and requested by the community may be implemented through a shared investment program. If the MTA decides to implement an enhancement option, a Memorandum of Understanding (MOU) may be developed detailing the project scope and financial participation. Community enhancements may include such provisions as facilities for pedestrians and bicycles, acquisition of scenic easements and historic sites, landscaping, use of materials that enhance historical preservation or community character, mitigation of water pollution due to highway run off and other similar enhancements.

Section 6: PROJECT DEVELOPMENT

A. Introduction

MTA will develop a Capital Work Plan that describes which projects may be initiated, the funding prerequisites and the proposed schedule. Projects will be implemented as prescribed in the Capital Work Plan and its updates.

During preliminary design of funded projects, at MTA’s discretion or if requested by municipal officials, MTA will engage a public participation process to explain:

(1) The scope and schedule of the project and how the selected strategy was decided upon as well as the design features that will be utilized;

(2) The impact of the construction on the community;

(3) Any mitigation and community enhancements to be applied; and

(4) The acquisition process which will be incorporated into the project development;

B. MTA’s public participation process will:

(1) Notify abutters in compliance with MTA Policy.

(2) Respond to individual comments and concerns of those persons impacted by the project;

(3) Be available to respond to individuals affected by the project; and

(4) Incorporate (additional) citizen concerns and suggestions in the project design as appropriate.

Section 7: INTER-AGENCY COOPERATION

Recognizing that the activities of MTA under this Subchapter and those of MaineDOT under Subchapter I might sometimes be conducted more advantageously or economically on a joint basis, those agencies may agree that one or more of the activities described in this Subchapter and/or the parallel provisions of Subchapter I may be conducted by one of the agencies on behalf of both, with each agency retaining ultimate authority and responsibility for transportation planning decisions, capital investment decisions and project decisions under its jurisdiction. In discharging its responsibilities under this Subchapter, MTA may rely upon one or more of the evaluations, assessments or decisions reached or developed by MaineDOT under Subchapter I.

MaineDOT may consult with the MTA on any transportation plans submitted

to MaineDOT pursuant to Subchapter III if those plans are submitted by a municipality through which the Turnpike runs through, a municipality adjacent to a municipality the Turnpike runs through, or a regional entity whose members include any such community. Any such plans will be submitted to MTA as early in the review process as possible to ensure that MTA's comments on the plans may be thoroughly considered by MaineDOT.

Subchapter III – Municipal PLANNING

Section 1 INTRODUCTION

The 121^st Legislature amended the Sensible Transportation Policy Act by enacting PL 2002, Ch. 22, “An Act to Enhance Integration of Transportation and Land Use Planning.” The amendment requires MaineDOT to develop a rule that would establish a linkage between the comprehensive planning considerations of the Community Planning and Land Use Regulation Act (30-A MRSA, section 187, subchapter 2) and the transportation planning and decision-making processes required under the Sensible Transportation Policy Act. The 123^rd Legislature enacted Title 23 §73-A which promotes coordinated land use and transportation decisions and offers funding preferences to those communities that enact plans, policies, ordinances, etc. that preserve transportation functionalities.

Section 2: REGIONAL TRANSPORTATION PLANNING: PURPOSE AND GOALS

Purpose & Goal

This chapter outlines a framework for working with municipalities to preserve and manage mobility and safety of the transportation system. The goal is to promote cooperative transportation management efforts between the state and its municipalities that sustain and enhance the functional and design life of transportation facilities and thus make for wise use of public investments. The use of these rules is required in order for MaineDOT to support the State Planning Office (SPO) in a finding of consistency for new or updated transportation chapters of comprehensive plans. Municipalities that collaborate on planning using these rules shall be eligible for transportation planning assistance and other transportation investment incentives.

Plan Considerations

This section applies to all municipalities in Maine whether undergoing land use or transportation planning efforts on their own or in conjunction with other adjoining municipalities.

Municipalities are strongly encouraged to seek concurrence on the results of sections A and B with MaineDOT and their Regional Councils, and the Maine Turnpike Authority where applicable, before proceeding to develop Section C Transportation Vision, Goals, Policies and Strategies.

Whether as part of a new or updated single focused transportation plan or a new or updated transportation chapter within a Comprehensive Plan, municipalities shall include:

A. Conditions and Trends

Minimum data required to address state goals:

(1) The community’s Comprehensive Planning Transportation Data Set prepared and provided to the community by the Department of Transportation and the Maine State Planning Office, or their designees.

(2) Highways, Bridges, Sidewalks, and Bicycle Routes

Information on overall road condition and identify any deficiencies or concerns.

Location, condition, and estimated length of sidewalks, and road segments that provide space (paved shoulders) for bicycle access, by jurisdiction.

Identify potential off-road connections that would provide bicycle and pedestrian connections to neighborhoods, schools, waterfronts and other activity centers.

Identify major traffic (including pedestrian) generators, such as schools, large businesses, public gathering areas/activities etc. and related hours of operation.

Identify policies and standards for the design, construction and maintenance of public and private roads. Identify the location of private roads and assess their potential to become public roads.

Parking

List and locate municipal parking areas including size, condition, and usage.

Other Modes of Transportation

List and locate all airports within or adjacent to the community and describe applicable airport zoning and airspace protection ordinances in place.

Identify inter-local, fixed route, commuter and demand response bus or van services, including private or public operator information and local government involvement.

Coastal Communities only

Location of current and potential seaport terminals. Identify whether port is of local, regional or state significance, its ownership/management and use (type and quantity/frequency of goods shipped in or out). List land-side and water-side facilities associated with port.

Identify public ferry service and private boat transportation support facilities (may be covered under Marine Resources with cross reference) including related water-side (docks/piers/wharves) and land side (parking) facilities.

Environmental and Cultural Considerations

Location of evacuation routes identified in an emergency response plan, if applicable.

Identify areas with transportation related noise concerns.

Identify areas where inappropriate lighting affects transportation safety.

Identify and describe important scenic, historic, or cultural resources within or adjacent to transportation facilities that reflect community character, such as mature tree lines, rock walls, etc.

Known locations with opportunities to restore habitat connections disrupted by a transportation facility owned and maintained by the municipality.

Land Use

Identify current local land use management strategies (such as access management, zoning, density, minimum lot size standards) that enhance or detract from the safety and efficiency of the transportation system (including highway, air, bus, bike, pedestrian, marine and rail services.)

B. Analyses and Key Issues

To generate minimum analyses to address state goals, use Conditions and Trends data in Section C below to answer the following questions.

(1) Roads, Bridges, Sidewalks, and Bicycle Routes

What are the concerns for transportation system safety and efficiency in the community and region? What if any plans exist to address these concerns? For example:

i. Safety

ii. Traffic speed

iii. Congestion and travel delay

iv. Travel volume and type

v. Traffic problems caused by such things as road and driveway locations and design, road maintenance needs, traffic control devices, growth patterns and lack of transportation options.

vi. Lack of transportation links between neighborhoods, schools, recreation, shopping, and public gathering areas.

vii. Closed or posted bridges or roads.

viii. Pedestrian and bicycling safety

ix. Light pollution

What conflicts are caused by multiple road uses, such as a major state or U.S. route that passes through the community or its downtown and serves as a local service road as well?

Upon review of state and regional transportation plans, what are their impacts on your current and future community plans? What actions can the community take to address identified impacts?

How do the community’s land use regulations mesh with the MaineDOT, regional, and local objectives for transportation system facilities in the community? If growth areas are located on arterial highways, how will growth in these areas affect the ability of the arterial to efficiently move traffic?

What is the community’s schedule for regular investments in road maintenance and improvement? How are MaineDOT Urban-Rural Initiative Program (URIP) funds used to off-set municipal road improvement costs?

What concerns does your community have regarding its policies and standards for design, construction and maintenance of public and private local roads and bridges?

Parking

What are the parking issues in the community?

Do local parking standards promote development in desired areas or do they drive it to outlying areas?

How do local ordinances consider safety related to parking lot layout and circulation for vehicles, pedestrians and all other users?

What community investments are needed to expand or improve parking?

Other Modes of Transportation

What transit services are available to meet the current and future needs of community residents? If transit services are not adequate, how will the community address the needs?

If the community hosts a major transportation terminal, such as an airport, rail or ferry terminal, how does it connect to other transportation systems?

If the community hosts any public airports, what coordination has been undertaken to ensure that required airspace is protected now and in the future? How does the community coordinate with the owner(s) of private airports?

Coastal Communities only

What land-side and water-side transportation facilities are needed?

How does the community protect access to facilities for island travelers, currently and in the future?

How do the community’s land use regulations mesh with MaineDOT, regional and local objectives for marine transportation facilities?

Environmental and Cultural Considerations

What, if any, environmental degradation caused by state or local transportation facilities or operations (e.g. wildlife mortality, habitat fragmentation, erosion, groundwater contamination, non-point source pollution) is occurring?

What are the community’s objectives for preserving or protecting important identified scenic, historic, or cultural resources adjacent to transportation facilities?

How does the community address any transportation-related noise concerns?

What steps can the community take to encourage development to occur in a manner that minimizes transportation-related environmental impacts such as habitat fragmentation and/or vehicular CO2 emissions?

Land Use

How do local land use decisions affect safety, congestion, mobility, efficiency and interconnectivity of the transportation system?

How do existing land uses and development trends support or inhibit cost effective passenger transportation systems and the efficient use of freight rail systems?

How do existing and proposed major transportation facilities complement the community’s vision?

Does the community have in place, or does it need to put into place, access management or traffic permitting measures? How do these measures correlate with MaineDOT’s access management program and regulations for traffic permitting of large development?

How do the community's local road design standards support the type of village, suburban, or rural land use patterns the town wants?

Do planned or recently built subdivision roads (residential or commercial) simply dead-end or do they allow for expansion to adjacent land and encourage the creation of a network of local streets? Where dead-ends are unavoidable, are mechanisms in place to encourage shorter dead-ends resulting in compact and efficient subdivision designs?

C. Transportation Vision, Goals, Policies and Strategies

Based upon sections A and B of Subchapter III, the Municipal Transportation Plan or Transportation Chapter in a Comprehensive Plan shall include:

A regional transportation vision statement;

Transportation goals or objectives.

Policies that address the objectives in Subchapter I, Section 4-B of this rule; at a minimum, the following policies shall be included to meet state transportation objectives:

a. To prioritize community and regional needs associated with safe, efficient, and optimal use of transportation systems.

b. To safely and efficiently preserve or improve the transportation system.

c. To promote public health, protect natural and cultural resources and enhance livability by managing land use in ways that maximize the efficiency of the transportation system and minimize increases in vehicle miles traveled.

d. To meet the diverse transportation needs of residents (including children, the elderly and disabled) and through travelers by providing a safe, efficient and adequate transportation network for all types of users (motor vehicles, pedestrians, bicyclists and other users).

e. To promote fiscal prudence by maximizing the efficiency of the state or state-aid highway network.

A schedule of transportation and land use strategies designed to meet the goals and policies (implementation plan). At a minimum, the following strategies shall be included to meet state transportation objectives:

1. Develop or continue to update a prioritized ten-year improvement, maintenance and repair plan for local/regional transportation system facilities that reflects community, regional and state objectives.

2. Initiate or actively participate in regional and state transportation and land use planning efforts.

3. Enact or amend local ordinances as appropriate to be consistent with local, regional and state transportation policies identified in this plan.

4. Enact or amend local ordinances as appropriate to address or avoid conflicts with:

a. Policy objectives of the Sensible Transportation Policy Act (23 MRSA §73);

b. State access management regulations pursuant to 23 MRSA §704 - Entrances to highways regulated; and

c. State traffic permitting regulations for large developments pursuant to 23 MRSA §704-A - Traffic movement permit.

5. Enact or amend ordinance standards for subdivisions and for public and private roads as appropriate to foster transportation-efficient growth patterns and provide for future street and transit connections.

6. Work with the MaineDOT as appropriate to address deficiencies in the system or conflicts between local, regional and state priorities for the local transportation system.

These minimum requirements in no way limit a community from expanding its plan to include additional information, analyses, policies, and strategies.

The language may be altered to better suit a community, but the specific intent of the minimum policy must remain. Altered policies must reflect the desired future direction of the community as stated in the community’s vision statement.

Alternative strategies may be substituted for those included in this Chapter provided a rationale for the alternative strategy is detailed in the Self Assessment Checklist developed by the Maine State Planning Office. Alternative strategies will be considered by the MaineDOT to determine if they, in combination with the other strategies in the plan, address the goals of the Growth Management and Sensible Transportation Policy Acts.

D. Submission Criteria

New or updated comprehensive or long range land use plans developed in accordance with these guidelines, shall be submitted for review and findings in accordance with the rules for submission and review of municipal comprehensive plans administered by the State Planning Office. Municipal or multi-municipal transportation plans developed in accordance with these guidelines shall be submitted for review and findings by MaineDOT.

E. Review Criteria

In order to be eligible for the Community Transportation Investment Incentives outlined in Subchapter III, Section 3 of this rule, MaineDOT, in consultation, with the State Planning Office, shall determine whether the plan meets the policies outlined in Subchapter I, Section 4-B and the requirements of Subchapter III Section 3.

F. Review and Update

Municipal transportation chapters or plans and related implementation mechanisms shall be reviewed, and if appropriate, updated at least every 5 years. If an update is not undertaken within 5 years, municipalities shall forward the review, with its conclusions and rationale for not undertaking an update, to MaineDOT. MaineDOT in consultation with SPO, shall issue a statement agreeing or disagreeing with municipal conclusions and rationale. In cases of disagreement, MaineDOT shall include in its statements, the basis for disagreement and recommendations for municipal action. Such disagreement may result in a MaineDOT finding of inconsistency for the transportation chapter or plan that could lead to loss of eligibility for transportation investment incentives outlined in Section 3. Subchapter III.

G. Public Involvement

All plans or related implementation mechanisms adopted pursuant to Subchapter III of this rule must be based on a public involvement process.

Section 3: COMMUNITY TRANSPORTATION INVESTMENT INCENTIVES

In addition to having developed a new or updated transportation plan or a new or updated transportation chapter within a Long-Range Land Use Plan, consistent with the policies of Subchapter I, Section 4-B, the municipality(ies) shall:

A. Have adopted it through its legislative process. Municipalities with a plan or ordinance update or amendments to sections of plans or ordinances that are not consistent with sub-chapter 3 of this rule shall not be eligible for incentives.

B. Enter into an agreement with MaineDOT that the Transportation Plan or Transportation chapter, including appropriate land use management strategies of the new or updated municipal or multimunicipal comprehensive or Long-Range Land Use Plan has been implemented or will be by an agreed upon date.

C. Community Incentives shall include:

1. Bonus prioritization points that increase access to funding in MaineDOT’s competitive programs; a list of such competitive programs shall be published every two years.

2. Incremental reductions in local match requirements.

3. Bonus prioritization points when funding highway reconstruction and transportation mobility projects.

4. Title 23 section 703-B and section 1821

EFFECTIVE DATE:

December 20, 1992

EFFECTIVE DATE (ELECTRONIC CONVERSION):

April 24, 1996

AMENDED:

October 27, 1996 - Subchapter 1, Section 3, paragraph I; Section 6, paragraph B(1 and 5 and rest of B).

NON-SUBSTANTIVE CORRECTIONS:

November 20, 1996 - minor punctuation and spelling

REPEALED AND REPLACED:

September 10, 2008 – filing 2008-351 (major substantive)

Chapter 104 Travel on State and State Aid Highways

Code Me. R. 17-229 Ch. 104 Travel on State and State Aid Highways {#sec-17-229-ch.-104 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 104}

SUMMARY: This Rule is a brief statement affirming the basic right of all highway users to travel on all State and State Aid highways in Maine.

It is the goal of the State of Maine, Department of Transportation that Maine’s public highways be safe and efficient and contribute to the economic growth of the State and the well-being of its people. MDOT will make good faith efforts to have Maine’s public highway network meet the social, economic, and environmental needs of the public. In addition, public highways are intended for the overall general use of the traveling public and for business, recreation, and overall access to areas across the State. Therefore, MDOT recognizes that there is an affirmative right for all individuals and entities, public and private, domestic or commercial, to travel on all State or State Aid highways in Maine. This right shall exist until the Commissioner of MDOT suspends or otherwise restricts any such traffic on any highway under MDOT jurisdiction.

History

• STATUTORY AUTHORITY: 23 MRSA §52; 30-A MRSA §3009
• EFFECTIVE DATE: April 11, 2001

Chapter 105 Rules Regarding Suspension from Bidding

Code Me. R. 17-229 Ch. 105 Rules Regarding Suspension from Bidding {#sec-17-229-ch.-105 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 105}

SUMMARY: Chapter 105 sets forth the rules used by the Maine Department of Transportation to suspend a contractor’s right to bid on Construction Contracts.

105.01 Definitions

For purposes of this chapter, the following words have the following meanings unless the context indicates otherwise.

Construction Contract. A contract between the Department and at least one other party with a scope of work that encompasses the construction or maintenance of on-the-ground improvements including roads, bridges, paths, wharves, piers, buildings, other transportation infrastructure, and related improvements such as landscaping. Construction Contracts do not include planning, appraisal, design, survey or other preconstruction services unless such services are to be provided by the Contractor and are specifically within the scope of work.

Predecessor Entity. Any individual or entity that was in existence at any time within five years of the conduct allegedly justifying the suspension and that was owned, operated, or controlled to a significant degree by a Contractor or that Contractor’s owners or officers.

Unless the context clearly indicates otherwise, all other words, phrases or terms shall have the meanings contained in the latest version of the Department’s Standard Specifications, Highways and Bridges, as revised by Supplemental Specifications.

105.02 Suspension Authorized

The Department may suspend the right of a Contractor to submit bids on Construction Contracts for a term of not less than 90 days, but not more than two years. In setting the period of suspension, the Department will consider the degree to which the Contractor has violated the grounds for suspension set forth in 105.03 as well as the gravity of the attendant consequences of such violation. Suspension does not affect the suspended Contractor’s right to perform Work as a subcontractor on Construction Contracts provided that the suspended Contractor does not work as a subcontractor for its Predecessor Entity or its Related Entity.

Suspension is distinguishable from debarment in that the suspended Contractor is only prohibited from bidding on Construction Contracts, but the suspended Contractor can work as a subcontractor. In the case of suspension, the maximum period of suspension under this rule is two years. Compare the “Rules Regarding Debarment of Contractors”, Me. Dept. of Trans. Reg. 17-229, Chap. 102.

105.03 Grounds for Suspension

The Department may suspend a Contractor if the Contractor, its predecessor entity, or a related entity:

A. Defaults or terminates on past or current Contracts;

B. Fails to pay or settle any bills for labor, materials or services on past or current Contracts;

C. Fails to provide Closeout Documentation in a timely way on past or current Contracts;

D. Fails to fulfill warranty obligations of past or current Contracts;

E. Engages in "Below Standard" performance as determined by the Department’s Contractor’s Performance Rating process;

F. Is unable to obtain or retain performance or payment bonds meeting the Department’s requirements;

G. Fails to accept an award of a Contract made by the Department;

H. Makes false, deceptive, or misleading statements or omissions, whether or not under oath, on the Contractor’s Prequalification Application, in connection with a claim on prior Contracts or in connection with bidding or performance on a Construction Contract;

I. Fails to provide information requested by the Department pursuant to this Chapter 105;

J. Engages in activity that constitutes grounds for debarment under section 102.02 of the “Rules Regarding Debarment of Contractors”, Me. Dept. of Trans. Reg. 17-229, Chap. 102 (Oct. 2, 1985);

K. Is debarred or suspended by any federal, state or local governmental procurement agency or agrees to refrain from bidding as part of a settlement with any such agencies.

L. Engages in serious misconduct that the Department reasonably determines will substantially and adversely affect the cost, quality or timeliness of Work or the safety of workers or the public.

105.04 Notice of Possible Suspension

The Department must provide written notice to the Contractor that the Department is considering suspending the Contractor from bidding on Construction Contracts. The notice must include the apparent grounds for suspension and a copy of these Rules Regarding Suspension from Bidding (Chapter 105).

105.05 Investigation

The Department may require the Contractor to provide any information that the Department determines is necessary or convenient to evaluate possible suspension including all information requested in the Contractor’s Prequalification Application form adopted by the Department. The Department may conduct such other investigation as it determines is necessary to evaluate possible suspension of the Contractor including gathering information from other published sources of industry information, information from other state transportation departments, the Federal Highway Administration, and any other relevant information. The Department may issue subpoenas to compel the attendance and testimony of witnesses and the production of evidence relating to any material issue in accordance with Maine Administrative Procedure Act, 5 M.R.S.A. Section 9060.

Based upon this investigation, the Department will determine whether there exist reasonable grounds to proceed with suspension. The Department must provide written notice to the Contractor of this determination. Said notice must include a provision that the Contractor has the right within 10 days of receipt of said notice to request a hearing. Such notice may also include a provision that the Department, in its discretion, has scheduled a hearing.

105.06 Hearing

If a hearing is scheduled due to a request by the Contractor or due to an exercise of the Department’s discretion, the Department will provide the Contractor with at least 10 days prior written notice of the date, time and place of the hearing unless waived by the Contractor. All hearings shall be adjudicatory proceedings held in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. Section 9051, et seq.

105.07 Decision

After investigation and hearing (if any), the Department will make its decision through its Chief Engineer and notify the Contractor in writing of its determination. If a Contractor is suspended, then the term of the suspension shall not be less than 90 days and not more than two years.

Upon receipt of the Department’s notice of suspension, the Contractor is disqualified from bidding on Construction Contracts for the suspension period in the notice.

105.08 Delay of Bid Openings Pending Appeal

Within two days of receipt of a notice of suspension, the Contractor or the Department may request a postponement of bid openings on which the Contractor intends to bid until after the appeal process provided in subsection 105.09 below. Such requests will be granted unless the Department in its discretion determines that delay is likely to cause substantial harm to the interests of the State. If a request for postponement is denied, the Contractor is not eligible to bid pending appeal.

105.09 Appeal to Commissioner

To appeal a suspension by the Chief Engineer, the Contractor must, within 10 days of receipt of the notice of suspension, deliver to the Commissioner a written appeal notice and any additional written information or arguments that the Contractor wants considered.

Within 20 days of receipt of the appeal notice, the Commissioner or his designee(s) will notify the Contractor in writing that the suspension is affirmed, modified or reversed, that additional information is required or that the Commissioner elects to submit the issue to binding or non-binding alternative dispute resolution.

105.10 Final Agency Action

Any such written affirmation, modification, or reversal by the Commissioner or his designee(s) pursuant to 105.9 of these rules shall be final agency action as of the date of receipt by the Contractor. In cases of binding alternative dispute resolution, the 20-day appeal period shall not begin to run until the day after the Commissioner mails written notice to the Contractor that the Commissioner has adopted the decision. In cases of non-binding alternative dispute resolution, the 20-day appeal period shall not begin to run until the day after the Commissioner mails to the Contractor written notice adopting, modifying or reversing the non-binding decision.

105.11 Judicial Review

Any petition for review shall be in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. §11001, et seq. and Rule 80C of the Maine Rules of Civil Procedure.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. 52, 753, 4206 (5).
• EFFECTIVE DATE: September 26, 2001
• EFFECTIVE DATE: 17-229 Chapter 105 page 4

Chapter 106 Rules for the Transportation Planning Incentive Program

Code Me. R. 17-229 Ch. 106 Rules for the Transportation Planning Incentive Funding Program {#sec-17-229-ch.-106 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 106}

SUMMARY: This chapter outlines the procedures and standards for establishing and administering the Maine Department of Transportation’s Transportation Planning Incentive Funding Program pursuant to 23 M.R.S.A. §73-A.

SECTION 1. PURPOSE AND AUTHORITY

The purpose of this Rule is to provide applicants for the Maine Department of Transportation (MaineDOT) Quality Community Program the procedures necessary to receive incentive bonus points pursuant to P.L. 2007, Chapter 208, “An Act to Promote Transportation Planning, Increase Efficiency and Reduce Sprawl,” to further the purposes and policies of 23 M.R.S.A. §73 and Title 30-A, chapter 187, subchapter 2, to encourage sound transportation planning and to protect the integrity of regional transportation systems and thereby prevent or reduce the need for costly future capacity or retrofitting expenditures associated with unmanaged development along State transportation corridors.

SECTION 2. APPLICABILITY

This Rule applies to applicants for funding under MaineDOT’s Quality Community Program.

SECTION 3. DEFINITIONS

1. Applicant. Applicant means one or more municipalities, an entity whose project is sponsored by and whose application is endorsed by a municipality or municipalities.

2. Community Transportation Plan. “Community Transportation Plan” means a transportation plan, developed by one or more municipalities along a State transportation corridor, designed to strengthen the functional viability and lengthen the long-term life of State transportation corridors and addresses the manner in which development along State transportation corridors in the municipality or municipalities is to occur. A Community Transportation Plan that is part of a comprehensive plan developed pursuant to 23 M.R.S.A. §73 and the associated rules may qualify as a Community Transportation Plan. A Community Transportation Plan should include estimates of transportation systems cost savings as a result of the approved Community Transportation Plan.

3. MaineDOT. “MaineDOT” means the Maine Department of Transportation.

4. Quality Community Program. “Quality Community Program” is a funding program designated biennially by MaineDOT. This program is a competitive program designed to make transportation-related improvements in communities by providing funding for improvements such as small harbors, bicycle and pedestrian facilities, transportation safety, the natural environment, or for scenic, historic, and other quality community improvements. Municipalities are required to endorse applications.

5. Transportation Planning Incentive Funding. “Transportation Planning Incentive Funding” means funding available through MaineDOT’s Quality Community Program.

SECTION 4. ELIGIBILITY FOR INCENTIVE BONUS POINTS

For a Quality Community Program application to receive the additional bonus points resulting from this Rule, the municipality is required to be listed on the MaineDOT list of municipalities with an approved Community Transportation Plan, and have adopted and implemented the Plan’s recommended land use development and transportation strategies, related policies, programs and ordinances.

SECTION 5. PROCEDURES FOR REVIEW

1. Plans and ordinances

A. For comprehensive plans developed in accordance with Title 30-A M.R.S.A. chapter 187, subchapter 2, municipalities must follow the practices already outlined in the comprehensive plan and ordinance submission procedures and rules of the State Planning Office.

B. For Community Transportation Plans developed in accordance with Title 23 M.R.S.A. §73, municipalities must submit transportation plans to MaineDOT’s Bureau of Transportation Systems Planning for review and approval.

C. In order to receive the bonus points under this Rule, a municipality must also submit adopted ordinances that incorporate land use development and transportation strategies, policies, and programs related to the Community Transportation Plan to MaineDOT’s Bureau of Transportation Systems Planning for review and approval. Upon receiving approval, the municipality will be placed on MaineDOT’s list of municipalities that have adopted ordinances that support the Community Transportation Plan.

SECTION 6. INCENTIVE BONUS POINTS

1. For a project application to receive additional incentive bonus points described below, the municipality must be listed on the MaineDOT list of municipalities that have an approved Community Transportation Plan; and have adopted and implemented the Plan’s recommended land use development and transportation strategies, related policies, programs and ordinances.

2. Sensible Transportation Incentive Bonus Points

A. Quality Community Program applications will receive incentive bonus points if:

(1) the municipality has an approved adopted Community Transportation Plan; and

(2) the municipality has adopted ordinances that incorporate land use development and transportation strategies as outlined in the Community Transportation Plan; and

(3) the adopted plan and ordinances have met objectives outlined in the Sensible Transportation Policy Act.

3. Sensible Transportation Regional Collaboration Incentive Bonus Points

A. Quality Community Program applications will receive additional incentive bonus points if the municipality is partnered with one or more municipalities, and all municipalities have:

(1) an approved adopted Community Transportation Plan; and

(2) adopted ordinances that incorporate land use development and transportation strategies as outlined in the Community Transportation Plan; and

(3) an adopted plan and ordinances that have met the objectives outlined in the Sensible Transportation Policy Act.

SECTION 7. COMPETITIVE RATING SYSTEM SCORING CRITERIA

MaineDOT will award available Quality Community Program funds in a fair and equitable manner based on available funding, and the scoring criteria below.

The scoring criteria for Quality Community Program applications is as follows and will be scored on a system based on a 100 points, which will be published as part of the application:

1. Scoring Criteria Definitions

A. Transportation Value. “Transportation Value” is the degree to which a project serves valid transportation purposes as opposed to recreational or other purposes. A project serves a valid transportation purpose if it serves as a connection between origins and destinations, increases safety, or enhances the use of the transportation system and the transportation environment.

B. Positive Impact on the Community. “Positive Impact on the Community” is one that makes a community a better place to live.

C. Regional Impact. “Regional Impact” is the project’s positive impact on the region in which it is located, and the degree to which it will serve users from beyond a single municipality.

D. Demonstrated Need. “Demonstrated Need” indicates how well a project serves important functions and accomplishes the project’s stated purpose.

E. State Planning Goals/Economic/Tourism Benefit. “State Planning Goals/Economic/Tourism Benefit” indicates how well a project will enhance or enable a livable, compact community that has the potential to improve quality of life, thereby enhancing the economic vibrancy of a community or region.

F. Potential Safety Improvement. “Potential Safety Improvement” is a project that addresses existing or potential safety problems or issues.

G. New Opportunities. “New Opportunities” identifies how a project will create new improvements that do not exist or might not otherwise occur or that leverage additional investments.

2. Determining avoided costs

A. To be eligible for incentive bonus points, the amount of funding applied for in the application must be commensurate with the merits of a plan and related policies, programs and ordinances and for an amount that does not exceed the estimated cost of the specific investment proposal.

B. The projected transportation-related avoided costs from implementation of the Community Transportation Plan must exceed the amount of the funding as determined by the department in its rating system.

C. To determine the avoided costs, the municipality should clearly demonstrate that transportation related savings resulting from implementation of the Community Transportation Plan will exceed the amount of the funding applied for. These estimated cost savings should be taken directly from the approved Community Transportation Plan.

SECTION 8. ADMINISTRATION

1. Solicitation Process

On even numbered years, MaineDOT will send out municipal request packets asking all municipalities to reply with local transportation priorities and to indicate their potential interest regarding the Quality Community Program. Applications will be made available to municipalities that request them in early spring of even numbered years.

2. Application Process

Applicants will fill in all sections of the MaineDOT Quality Community Program application form and submit by the appropriate due date with all required signatures and commitments for local participation.

3. Selection Process

A review committee which may consist of representatives of MaineDOT representing planning, project development, traffic engineering, safety; other State and federal agencies; and individual(s) representing the public, will score eligible project applications based on the criteria outlined in this Rule. MaineDOT will award available Quality Community Program funds in a fair and equitable manner based on eligibility, available funding and the scoring criteria.

4. Notification of Award Process

A letter of notification is sent to all applicants following final approval of the MaineDOT capital work plan. Successful applicants are required to sign a letter of understanding which includes municipal responsibility for appropriate local financial participation, and other local commitments outlined in the application. Before any project funding is initiated, a final Local-State Agreement will be signed outlining all roles and responsibilities.

SECTION 9. DEFAULT

A municipality must pay back to the department any incentive funding provided by the department under this section if the municipality repeals or revises its community transportation plan or related ordinance provisions within 10 years of receipt of the incentive funding, unless the repeal or revision is approved by the department. The Department may decline to approve such repeal or revision and, if so, will seek to have an action brought by the Maine Attorney General to recover such funds.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §73-A; 23 M.R.S.A. §52; 23 M.R.S.A. §4206(5)
• EFFECTIVE DATE: January 11, 2011 – filing 2011-9
• EFFECTIVE DATE: 17-229 Chapter 106 page 5

Chapter 110 Urban Compact Area Definition Rule

Code Me. R. 17-229 Ch. 110 Compact Area Definition Rule {#sec-17-229-ch.-110 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 110}

SUMMARY: This rule establishes the procedures by which the Department will set urban compact boundaries around urban compact areas as defined by 23 MRSA §754 and §2.

Section 1: Definitions

Commissioner. “Commissioner” means the Commissioner of the Maine Department of Transportation, or his or her designee.

Department. “Department” means the Maine Department of Transportation.

Municipality. “Municipality” includes cities, towns and plantations.

State Highways. “State Highways” means all state highways and state-aid highways designated by the Department pursuant to 23 M.R.S.A. §53 and 17-229 CMR, Chapter 304.

Structure. “Structure” means any construction, or any production or piece of work artificially built up or composed of parts joined together in some definite manner, or any combination of materials to form a construction for occupancy, use, protection, recreation or ornamentation whether installed on or above, the surface of a parcel of land. The term “structure” includes all houses, commercial buildings, garages, constructed buildings, driveways with E-911 names, all public ways, parking lots, and certain utility buildings. It may also include other features that are associated with or located to serve a particular structure or group of structures. Such features may include, but are not limited to, accessory fences, supports, signs, accessways, lighting fixtures, drainage facilities, and public utility or similar facilities."

Town. As used herein, “Town” has the same definition as in Title 23, Section 2.

Section 2: General

Urban compact areas in Maine have been in existence since the early 20^th century. Current Maine law, 23 MRSA §754, requires that all state and state-aid highways within compact areas of urban compact municipalities must be maintained in good repair by the town in which the highways are located at the expense of the town. Whenever a municipality meets the criteria set forth in 23 MRSA §754 (B) for designation as an urban compact municipality, the “compact or built-up section” boundaries need to be established by the Department pursuant to statute. These boundaries determine the highway maintenance boundary between the Department and the municipality along with jurisdictional control of driveway entrance permitting and highway utility opening and location permitting. This Rule creates a set of guiding criteria for determining those boundaries based on structure density.

Section 3: Defining the compact or built-up section of highway

The Department shall use the following criteria:

the 200 foot distance will be interpreted to be an average of 200 feet between structures over a minimum of 0.25 miles when reviewing both sides of a road;

the 200 foot distance will be measured along centerline between offsets that are 90 degrees from centerline to the outside edge of structures;

structures can have access drives from the highway in question but may be accessed from nearby side streets;

structures would generally not include distant apartment complexes/developments (300 feet +/- away from road) but the access driveway may be considered a structure;

gaps may occur within the 0.25 mile section such as streams, fields, woods, or other natural features;

intermittent compact sections can be connected by features that are not structures and include, but not be limited to, lawns/fields, graveyards, airports, gated properties, access-controlled sections, or natural features;

noncompact sections well within a contiguous urban compact area would be considered compact.

The actual compact line could be placed at intersecting roads, or other turnaround areas to maximize maintenance efficiencies of both the Department and municipality. Once the boundaries are set, the Department and municipality may mutually agree to swap sections for operational efficiency.

The Commissioner shall have final determination of these boundaries.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §52 and §4206.
• EFFECTIVE DATE: March 21, 2016 – filing 2016-047

Chapter 150 Rules and Regulations to Protect the Privacy of Certain Personal Information Contained in Payroll Records Submitted to the Department of Transportation

Code Me. R. 17-229 Ch. 150 RULES and Regulations to Protect the Privacy of Certain Personal Information Contained in Payroll Records Submitted to the Department of Transportation {#sec-17-229-ch.-150 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 150}

SUMMARY: This chapter describes criteria and procedures for the protection from public disclosure of certain personal information contained in payroll records submitted to the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311, as amended by P.L. 2003, ch. 432 (121st Leg, First Reg. Sess.)

§1. Criteria for disclosure and protection of information

Records filed with the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311 are public records pursuant to Title 1, chapter 13 (the Maine Freedom of Access Act), and shall be made available if requested pursuant thereto, except that Social Security numbers and taxpayer identification numbers must be withheld unless the employee to whom that Social Security number was issued or the entity to which that taxpayer identification number was issued consents in writing to its release.

§2. Procedures for protection of information

Except as provided in § 1 above, upon receipt of a Freedom of Access Request for records filed with the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311, and prior to disclosure thereof to the requesting party, Maine Department of Transportation personnel shall review those records and redact Social Security numbers and taxpayer identification numbers contained therein.

§3. Preservation of immunity

Nothing contained herein is intended or shall be construed to waive, limit or diminish any of the rights, privileges and immunities afforded the State of Maine, the Maine Department of Transportation or any of its officers, agents or employees by law, including but not limited to the immunities provided by the Maine Tort Claims Act and the 11th Amendment to the United States Constitution. Nothing contained herein is intended or shall be construed to create any cause of action or basis for damages or disciplinary action against the State of Maine, the Maine Department of Transportation or any of its officers, agents or employees.

History

• STATUTORY AUTHORITY: 26 M.R.S.A. §1311.
• EFFECTIVE DATE: March 10, 2010 – filing 2010-68
• EFFECTIVE DATE: 17-229 Chapter 150 page 2

Chapter 202 Regulations for Screening Junk Yards

Code Me. R. 17-229 Ch. 202 Regulations for Screening Junk Yards {#sec-17-229-ch.-202 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 202}

SUMMARY: Rules regulating the screening of junkyards

.01 Definitions

A. Automobile graveyard. "Automobile graveyard" as used in this subchapter shall mean a yard, field or other area used as a place of storage, other than temporary storage by an establishment or place of business which is engaged primarily in doing auto body repair work for the purpose of making repairs to render a motor vehicle serviceable, for 3 or more unserviceable, discarded, worn-out or junked motor vehicles as defined in Title 29, section 1, subsection 7, or parts thereof.

B. Junk yard. "Junk yard" as used in this subchapter shall mean a yard, field or other area used as a place of storage for:

1. Discarded, worn-out or junked plumbing, heating supplies, household appliances and furniture;

2. Discarded, scrap and junked lumber;

3. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and,

4. Garbage dumps, waste dumps and sanitary fills.

C. Interstate System. "Interstate System" as used in this subchapter shall mean those portions of the Maine Turnpike and the state highway system incorporated in the National System of Interstate and Defense Highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation.

D. Primary System. "Primary System" as used in this subchapter shall mean that portion of the state highway system which the Department of Transportation has by official designation incorporated into the Federal-Aid Primary System, or as may hereafter be designated by the Department.

E. Highway. "Highway" as used in this subchapter shall mean any public way.

.02 Screening

Screening may be accomplished by natural or man-made objects, plantings, or properly constructed fences, any of which must completely screen the junk yard from ordinary view from any portion of any highway within the prescribed distances throughout the entire calendar year, all of which shall be outside of the highway right-of-way limits.

Natural or man-made objects may be interpreted to be:

1. Hills, gullies, or embankments. Such man-made objects must be constructed to blend with the landscape with loaming and seeding or other treatment as may be necessary to establish a natural appearance.

2. Buildings or other installations.

3. Combinations of above.

.03 Plantings

Trees, shrubs, or other vegetation of sufficient height, density and depth of planting or growth to completely screen the junk yard from ordinary view from any highway within the prescribed distance throughout the entire calendar year may be used for screening.

.04 Fences

Fences shall be so located and of sufficient height to completely screen the junk yard from ordinary view from any highway within the prescribed distances. Although the minimum height of any fence is stated to be six feet, it must be emphasized that height must be sufficient to accomplish the complete screening from ordinary view. All fences shall be well constructed and maintained. Only sound undamaged material, uniform in appearance, and erected in a workmanlike manner will be acceptable.

.05 Suggested Materials

Posts: Wood - Sound, round or square, preferably cedar, hackmatack, spruce, or fir. Preservative treatment with creosote oil or cuprinol is suggested. 4" x 4" minimum (square) or 4" minimum diameter (round).

Metal-Steel pipe or structural section steel either galvanized or base coat painted with red lead or other rust inhibitive paint.

All posts to extend a minimum of 4 feet below ground level and to be set plumb. Recommended post spacing 8' to 12'. End and corner posts to be diagonal braced to nearest adjacent post.

Stringers: Minimum 2 x 4 - Spruce or Fir - Sound and free of excessive or weakening knots, and relatively free from warp or wain, preferably treated with creosote or cuprinol after cutting to length. Solidly spiked to wood posts or bolted to metal posts. Three stringers for 6 or 8 foot height of fence, 4 stringers for 10 or 12 foot height. Over 12 foot height would require a special design.

Steel pipe or structural section stringers may be used. These should be either galvanized or base coat painted with red lead or other rust inhibitive paint.

.06 Facing Material

Facing material may be wood, composite, sheet metal or plastic. Although new material will not be a requirement, bent, damaged, poor quality, scrap, discarded, mixed or conglomerate materials will not be acceptable.

Suggested materials would be sound, new or used boards; exterior grade hardboard or plywood; corrugated steel, aluminum, or plastic.

It is suggested that all fastenings be galvanized nails, spikes, bolts, clamps, etc., and that all wood materials be treated with either a creosote oil base stain or cuprinol (with color additive) to preserve and prolong the life of the fence and to present a uniformity of appearance.

Since wind damage is a problem with any fence, bracing may be required and certainly would be essential on any fence over 8 feet in height. In board fence construction, relief of wind pressure may be achieved by placing the boarding alternately on outside and inside of stringers with the spacing to be such that edges overlap enough to present a solid appearance and effectively screen the junk yard from ordinary view.

BASIS STATEMENT: The Department is authorized by 30-A M.R.S.A. §3759 to "make rules and regulations to establish minimum standards for screening of automobile graveyards and junkyards" in order to establish guide lines for municipal officers and county commissioners.

History

• STATUTORY AUTHORITY: 30-A M.R.S.A. §3759.
• EFFECTIVE DATE: Adopted on May 15, 1979 and filed on May 16, 1979
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• EFFECTIVE DATE (ELECTRONIC CONVERSION): HISTORICAL DERIVATION: Enacted May 11, 1966.
• NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting.
• NON-SUBSTANTIVE CORRECTIONS: 17-229 Chapter 202 page 4

Chapter 204 Rule Governing Outdoor Highway Lighting

Code Me. R. 17-229 Ch. 204 Rule Governing Outdoor Highway Lighting {#sec-17-229-ch.-204 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 204}

204.01 GENERAL CONSIDERATIONS

Warrants for highway lighting will be based on conditions relating to the need for highway lighting and the benefits that may be accrued therefrom. Factors such as traffic volumes, speed, road use at night, night accident rate, road geometrics, and general night visibility are important considerations in the determination of minimum highway lighting justification. Warrants for highway lighting will also be based on economic considerations such as maximizing the location, mounting height, luminaire type, and wattage efficiencies. As is with our standard practice, travel speed, pavement markings, highway signs, or other traffic control devices will be utilized prior to the installation of street lights.

204.02 DEFINITIONS

For the purpose of designing for installing, replacing or maintaining highway lighting, the following definitions will be used:

A. Lumen - A unit of measure of the quantity of light. One lumen is the amount of light that falls on an area of one square foot, every point of which is at a distance of one foot from a source of one candela.

B. Footcandle - A unit of illumination when the unit length is one foot; one lumen distributed uniformly over an area of one square foot.

C. Lux - The unit of illumination when the meter is the unit length; one lumen distributed uniformly over an area of one square meter.

D. Horizontal footcandle - One lumen distributed uniformly over a horizontal surface one square foot in area.

E. Vertical footcandle - One lumen distributed uniformly over a vertical surface of one square foot in area.

F. Luminance - The luminous intensity of a surface in a given direction per unit of projected area of the surface as viewed from that direction.

G. Footlambert - The unit of photometric brightness (luminance).

H. Candela - The unit of luminous intensity.

204.03 DESIGN OF NEW INSTALLATIONS

The principal design for installations of new highway lighting systems will be average intensity, uniformity of illumination, and economics. Average intensity of illumination expressed in horizontal footcandles is a measure of the total illumination on the roadway surface. Uniformity will be average to minimum intensity ratio for the total illumination distributed on the road surface.

The actual spacing of luminaires will be based on the average intensity of illumination needed, the light that can be utilized from the luminaire, and the area to be covered by the luminaire. The following formula will be used:

Lamp lumen at Coefficient of Luminaire

Replacement x Utilization x Maintenance

Spacing Time Factor

Between =

Luminaires Average Intensity Total Area

of lumination x Covered

After the luminaire spacing has been calculated, the uniform ratio shall be checked using the following formula.

Average Illumination

Uniformity Ratio =

Minimum Illumination

The uniformity ratio should generally not exceed 6:1.

204.04 PARTIAL HIGHWAY LIGHTING

Partial highway lighting may be considered rather than continuous highway lighting to draw the driver's attention to unusual conditions and to convey necessary information.

For areas that do not have continuous highway lighting systems, cutoff luminaires will be used for new installations and replacement of existing luminaires.

204.05 CONFORMITY WITH FEDERAL STANDARDS

Highway lighting will be in conformity with "Roadway Lighting Handbook (Washington, D.C. Federal Highway Administration, U.S. Department of Transportation) 1978 and Addendum to Chapter 6 of the Roadway Lighting Handbook, 1983 for the installation, replacement, and maintenance of highway lighting. In areas where automobiles and pedestrians use the roadway system, new installations will conform to the standards set in "American Standards Institute Regulations for Handicapped Access". Consideration will also be given for safety interests of the motorists, pedestrians, or other people using highway type rest areas, buildings, or intersection areas.

Minimum lighting levels in the Federal Standards will be utilized and the most restrictive cutoff luminaires will be used in the design of highway lighting. Shielding will be used if the light trespasses the highway right-of-way limits.

History

• STATUTORY AUTHORITY: Title 23 M.R.S.A. §§ 708, 4206; Title 5 M.R.S.A. §8051 et seq.
• EFFECTIVE DATE: July 1, 1992 – filing 92-250
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting
• NON-SUBSTANTIVE CORRECTIONS: July 29, 2013 – section numbering corrected
• NON-SUBSTANTIVE CORRECTIONS: 17-229 Chapter 204 page 3

Chapter 205 Rules for Administering the "Maine Traveler Information Services Act"

Code Me. R. 17-229 Ch. 205 Rules for Administering the Maine Traveler Information Services Act {#sec-17-229-ch.-205 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 205}

SUMMARY: This rule establishes the requirements for the installation and maintenance of official business directional signs, categorical signs and on-premise signs on public ways throughout the State. This Rule sets forth comprehensive standards for eligibility, location, number, design, size, maintenance and permit procedures for the installation and maintenance of such signs.

Section 1. DEFINITIONS

Categorical sign. A sign bearing a non-commercial message that may be placed in the right of way or adjacent to the right of way with the consent of the property owner under the restrictions set out in Sections 3 and 4 below.

Clear zone. The total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. The desired minimum width is dependent upon corridor priorities, traffic volumes and speeds and on the roadside geometry. Simply stated, it is an unobstructed, relatively flat area beyond the edge of the traveled way that allows a driver to stop safely or regain control of a vehicle that leaves the traveled way. Clear zone distances are defined by the latest MaineDOT Engineering Instructions.

Commissioner. The Commissioner of the Maine Department of Transportation, as appointed pursuant to 23 M.R.S. §4205.

Deadly fixed object. Any natural or man-made structure that does not give or break away when hit by a motor vehicle. Examples of deadly fixed objects are trees, ledge, boulders, decorative granite, steel beams, mailbox and sign posts that do not give or break away and planters over 4 inches tall.

Department. The Maine Department of Transportation. (Also known as MaineDOT)

General service symbol. A design used to identify traveler services approved for use by the Manual on Uniform Traffic Control Devices or by the Department as set forth in Appendix, Figure 1.

Island and Median. A traffic control feature used to physically divide or guide traffic in the roadway or within a driveway/entrance to limit access onto the roadway. An island or median can be raised using curbing or flush to the level of the roadway.

Non-profit historical and cultural institution. A non-profit institution within the state having regular published hours of operation which engages in the cultural, intellectual, scientific, environmental, educational or artistic enrichment of the people of this state, including, but not limited to, aquaria, botanical societies, historical societies, land conservation organizations, libraries, museums, performing arts associations or societies, scientific societies, wildlife conservation organizations and zoological societies. For purposes of this rule, “institution” is defined as a building structure used to house an organization engaged in the activities listed above, “cultural” is defined as the beliefs, customs, arts of a particular society, group, place, or time, and “historical” is defined as the political, social, cultural, and economic setting for a particular idea or event. A municipal body politic and educational institutions or organizations primarily engaged in religious or sectarian activities do not meet the purposes or intent of this definition.

Non-profit organization. A charitable organization that fosters cultural and social unity to achieve objectives related to public service that has a certificate of good standing as a 501(c)(3) organization from the Internal Revenue Service.

National Highway System. National Highway System: A portion of the roadway system in Maine deemed to carry inter-state and inter-regional traffic. These roads will be the latest roads shown as NHS in the MaineDOT Mapviewer. Mapviewer can be found at http://medotmaps.maine.gov/MapViewer/

Official Business Directional Sign. A sign in the state’s right of way licensed by the Department upon application by an eligible business under the restrictions set out in section 2 below. Also known as an OBDS sign.

Intracommunity/Wayfinding Signs. A system of directional signs that provides general information to inform both motorists and pedestrians of destinations within the local area.

Point of Interest. A building or facility where a business is carried on or practiced. A point of interest may include storage areas, warehouses and other auxiliary structures or fixtures.

Public Right of Way. The land shown in a state, county or town roadway layout plan, or in the absence of any layout or monumentation, the land established by roadway use which is considered either the toe of slope in fill sections or the upper back-slope of the ditch in ditch sections. The width of most roadways will be a minimum of 33 feet from the centerline.

Real Estate Sign. A sign that advertises a property for sale that has been placed by a realtor, real estate agency and/or the owner of the property.

Sandwich Board. A pair of signboards fastened at their tops and separated at their bases to form a freestanding structure intended for sidewalk or roadside advertising.

Sight distance. A continuous, unobstructed sight line of sufficient distance needed for a vehicle operator to see an approaching vehicle in order to make a turning maneuver safely. Sight distance measurements are as defined in the Department’s Chapter 299 Highway Driveway and Entrance Rules.

Sign assembly. A sign assembly is one or more signs on a sign support.

Temporary On-Premise Sign. A sign installed outside the Right of Way that promotes or advertises for a commercial entity that is performing work on the property.

Temporary Sign. A sign bearing a noncommercial message that has been placed within the public right-of-way for a limited period of time.

Travel lanes. The portion of the roadway used for carrying through traffic. For the purpose of these rules, a center two-way left turn lane is considered a travel lane.

Section 2. OFFICIAL BUSINESS DIRECTIONAL SIGNS

After January 1, 2020, applications for non-reflective Official Business Directional Signs are no longer being accepted.

Sign Eligibility. To qualify for an official business directional sign, the applicant must be one of the following:

1. A lawful business;
2. A point of interest; or
3. A cultural, historic, recreational, educational or religious facility

Location Requirements and Maximum Number of Signs Allowed

1. General Requirements 1. Signs shall be located within the public right-of-way on approaches to intersections where travelers must change direction from one travel way to another, or at a defined decision point where the motorist must make a decision to leave a roadway to enter a separately named roadway, to reach a business, service, or point of interest, or where appropriate at requested intersections. 2. A business, point of interest, or facility shall not be permitted more than one sign at any one intersection approach. Each place of business, point of interest or facility shall be eligible for a maximum number of six official business directional signs. 3. Destinations having a supplemental guide sign on the interstate and not located on the roadway where the ramps intersect are required to have OBDS continuity signs. These signs do not count toward the overall maximum number of signs described in sub-¶ (2) above. 4. The place of business, point of interest or facility must be within a ten mile radius of the proposed location of the sign. 5. Signs shall be located so as to avoid visual conflict with other signs, to have the least impact on the scenic environment and to take advantage of the natural terrain. Signs shall not be permitted at locations where the directional information contained thereon may be misinterpreted, misleading, or otherwise confusing to the traveling public.
2. Interstate and Controlled Access Highways

Signs shall not be permitted within the right-of-way of the interstate highway system and fully controlled access highways.

1. Lateral Clearances and Vertical Clearances

Lateral and vertical clearances shall conform to the MUTCD.

1. Intersection Sign Placement 1. Signs must be within 2,500 feet of the intersection where a change in direction is required unless a waiver is issued in accordance with this rule. 2. Signs shall be located so as not to interfere with, obstruct, or divert a driver's attention from a traffic control sign or device. Traffic control signs or devices placed at intersection approaches subsequent to the placement of official business directional signs shall have precedence as to location and may require the relocation of official business directional signs. Unless traffic safety is not adversely affected, official business directional signs in general shall be at least 200 feet from traffic control signs or devices. 3. In order to provide continuous guidance to the motorist, if a change in direction is necessary, or if there is a road designation change at any intersection within the direct route to the business that is located between an OBDS sign and the business location, the applicant shall be required to provide additional OBDS at those intersections, not to exceed the maximum allowable number of signs described within section (b). 4. Successive sign assemblies shall be spaced sufficiently apart for drivers to comprehend the messages contained thereon.
2. Official Business Directional Sign Assemblies

There shall be a maximum of three signs per assembly and each sign shall be mounted three inches from the next sign below or above it. Reflectorized and pre-existing non-reflectorized signs may exist on the same sign assembly.

Materials

Sign panel material shall be high density overlaid plywood a minimum of one-half inch thick or other comparable material. All material furnished under this Section shall be durable and weather resistant. MaineDOT is not responsible for sign material that does not meet these criteria.

Reflectorized Signs

1. General 1. Reflectorized signs shall be standard in design, color, and reflectorization. 2. Sign legends shall be specific in identifying the name of the appropriate business or other service. Messages, symbols, and logos which interfere with, imitate, or resemble any official traffic control device or serve to advertise rather than identify a business are prohibited.
2. Size 1. Sign sizes, layout, and letter sizes shall conform to the dimensions and details shown in Appendix, Figure 2. To protect highway safety and visual quality, the Department may require signs to be smaller than 12 by 48 inches for certain intersections and areas. 2. Sign sizes at particular locations must be consistent with the visual and aesthetic character of those locations and with sign sizes which have been previously approved. 3. Signs erected prior to the enactment of these rules are not required to meet the new size standards outlined under this sub-section. Replacement of those signs must comply with the new size standards.
3. Color 1. The background color of all signs shall be blue and shall be in accordance with MUTCD Color Specifications (23 CFR §655) Blue-294. 2. All legend and border of all signs shall be white. The edges and back of the signboards shall be sealed and painted a dark shade of brown. 3. Signs erected prior to the enactment of these rules are not required to meet the new color standards outlined under this sub-section. Replacement of those signs must comply with the new color standards.
4. Lettering and Layout 1. All lettering used in the name of the business or service, including the directional legend, shall be Helvetica Bold or Highway Series, Gothic, E Modified font, medium lower-case lettering with initial upper-case. Letter sizes and number of characters per line within the legend shall be as shown in Appendix, Figure 2. 2. The logo or symbol, if used, shall be located on the opposite end of the sign from the directional arrow. Text may be used in lieu of a symbol or a logo within this section of the sign 3. Layout of the signboard and legend including the logo or symbol shall conform to good graphic layout practices.
5. Symbols and Logos

A symbol or logo may be used at the owner's option and may be of any color or colors. If a symbol is used, it shall be identical to the appropriate design as set forth in Appendix, Figure 1. In addition, a specific business logo or text may be used instead of a symbol or logo within the logo section of the sign.

1. Reflectorization 1. The background, sign legend, and border of all signs shall be reflective with high intensity prismatic reflective sheeting with clear overlay and transparent ink to display the same shape and color for both day and night. Reflective sheeting shall consist of a smooth, flat exterior film with spherical glass lens elements embedded beneath the surface and a pre-coated adhesive backing protected by a removable liner. Reflective sheeting must be of a “Federal ASTM-D-4956-99” or “ASTM-D-4956-07” rating. Vinyl overlay is not permitted. 2. Illumination by special interior or exterior supplemental lighting is not permitted.
2. Installation and Maintenance 1. Official business directional signs shall be furnished by the owner or the applicant. The signs shall be installed by the Department at approved locations on sign posts furnished by the Department. The Department shall be responsible for maintenance of the sign supports. 2. Signboards that become lost, stolen, defaced, or otherwise damaged or deteriorated shall be replaced by the owner and reinstalled by the Department. All replacement signs shall meet the current standards of this section. 3. The owners of Official Business Directional Signs that represent businesses, service facilities, or points of interest no longer offering such traveler assistance, or of signs that are no longer applicable because of business name changes, business relocations, or for any other reason, shall notify the Department so that such signs can be removed. 4. Failure to properly maintain the OBDS sign panel by the owner or to notify the Department if OBDS sign is no longer applicable will result in removal of the sign by the Department.

Businesses or organizations that have an OBDS sign removed because of failure to maintain an active OBDS account due to non-payment shall have no expectation that the former sign location on an OBDS post will be available after any potential reactivation of the cancelled account. In cases where there are waiting lists for the placement of OBDS signs, the Department may deny an appeal to reactivate a lapsed OBDS account and refuse to issue a reinstallation permit.

Waiver Provisions

1. Whenever the Commissioner determines that the standards for sign assemblies as set forth above will adversely affect highway safety at an intersection or the visual quality of the immediate neighborhood, the Commissioner may impose more stringent standards including prohibition.
2. Whenever the Commissioner determines that a change in the distances, number of signs per assembly, and number of assemblies at an approach to an intersection will not interfere with highway safety nor adversely impact the visual quality of the immediate neighborhood, the Commissioner may waive the requirements contained in Distances and OBDS Sign Assemblies.
3. The Commissioner may waive the specific requirements for location and number of OBDS signs if an applicant can show unusual hardship due to conditions of topography, access or other physical characteristics.
4. In place of Official Business Directional Signs, the Commissioner may order the installation of an Official Information Center to be located within a reasonable distance of the intersection. Once such a center is established, no OBDS sign shall be permitted at such intersection.
5. The Commissioner shall designate to the State Traffic Engineer of the Department the authority to exercise the responsibilities of this section.

Seasonal Basis

The owner of a business, service, or point of interest that is temporarily or seasonally closed may cover the OBDS sign during the off-season. The cover must be held firmly in place so as not to injure or deface the signboard.

Administration

This section governs the review and approval of applications, municipal certification requirements, fees for initial applications and for sign renewals, non-transferability of licenses, and variance provisions.

1. Applications 1. Application for an Official Business Directional Sign shall be made on forms furnished by the Department. Applications will be processed and permits issued in the order of receipt of applications by DOT. 2. Any application for an Official Business Directional Sign is subject to review by the Department. The Department shall have final responsibility and authority to determine the specific size and location of any OBDS sign. Signs not deemed to meet the intent and purpose of the law or the criteria established in these regulations shall not be approved or erected. 3. Businesses or organizations that have an OBDS application on a waiting list and have been notified by MaineDOT that they have become eligible for an OBDS sign installation at the requested intersection must submit all necessary applications and required fees within 30 days of the notification. Failure to submit all necessary applications and required fees within 30 days will result in elimination from the waiting list.
2. Conformity with Laws 1. The applicant for an Official Business Directional Sign shall provide certification from an appropriate municipal official that the proposed sign is in conformity with all applicable municipal sign ordinances, unless the OBDS sign is needed for continuity signage for supplemental interstate guide signs or interstate logo signs 2. A municipality may not deny OBDS signage to a business located in another municipality if there is sufficient space to place the sign at any given intersection. The municipality may impose color and size restrictions on any OBDS within their municipality.
3. Application Fees

A $30 refundable application fee will be required for each requested OBDS sign. Applications fees will be used as payment for the first year of program membership for approved applications. Application fees that are submitted with applications that are not ultimately approved will be refunded. MaineDOT shall notify the business if applications are denied for any reason.

1. Renewal Fees 1. Permits for business directional signs are to be renewed annually at a fee determined by the Commissioner. 2. Failure to pay renewal fees within ninety days from the initial billing will result in removal of OBDS signs by the State. Renewal fees are not refundable for installations of less than a full year. 3. A $30 reactivation fee per sign will be charged to businesses/organizations that apply to reactivate a cancelled account. This fee is in addition to the renewal fee.
2. Non-transferability

Permits for the installation of directional signs are not transferable except in the following cases: Business name change, with same ownership; new ownership, but same business name; or change of legend with same ownership.

Reconsideration

Any interested party with standing (as defined by Maine Law) may request reconsideration of a licensing decision by the State Traffic Engineer, but must do so in writing within 30 business days after notice of the Department’s licensing decision.

The request for reconsideration must set forth the findings and conclusions of the Department to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested and if the State Traffic Engineer determines a hearing is warranted, a hearing will be held ordinarily within 15 business days of receiving the reconsideration request.

The State Traffic Engineer will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the State Traffic Engineer’s reasons for either affirming or modifying the original licensing decision.

The running of the time for appeal pursuant to Part 9 of this rule and the Administrative Procedure Act is tolled by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal under Part 9.

Appeals

Appeal of final decisions of the State Traffic Engineer must be made in writing to the Commissioner within 15 business days of notice of the licensing or reconsideration decision (whichever is later) of the State Traffic Engineer. The appeal decision of the Commissioner or his or her designee will be considered final agency action.

Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act , 5 M.R.S. §11001, et seq . and Rule 80C of the Maine Rules of Civil Procedure.

SECTION 3. CATEGORICAL SIGNS LOCATED WITHIN THE PUBLIC RIGHT OF WAY

General Requirements. The following signs may be erected and maintained within the public right of way without license or permit so long as they conform to the specifications set forth in Table 1:

Table 1 – Categorical Signs Located Within the Public Right of Way

Categorical Signs

Allowed sizes and locations

Signs erected by a duly constituted governmental body.

Municipal “Gateway” signs may not exceed a maximum of 50 square feet not including decorative frame.

Signs located on or in the rolling stock of common carriers, except those which are determined by the Commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle.

The size of the sign may not exceed the height, length or width of the vehicle.

Signs on registered and inspected motor vehicles, except those which are determined by the Commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle.

The size of the sign may not exceed the height, length or width of the vehicle.

Signs identifying stops or fare zone limits of motor buses.

260 square inches

Hand-held or similar signs not affixed to the ground or buildings.

Allowed within the public right of way and on islands medians greater than 6 feet in width.

Temporary Signs may be erected in the right of way for up to six (6) weeks between January 1^st and June 30^th and for six (6) weeks between July 1^st and December 31^steach year.

A Temporary Sign may not be placed within 30 feet of another temporary sign bearing the same or substantially the same message. A Temporary Sign may not exceed 4 feet by 8 feet in size and must include or be marked with the name and address of the individual, entity or organization that placed the sign within the public right-of-way and the date the sign was placed within the public right-of-way.

Location

1. Categorical Signs

Categorical signs shall be located so as to avoid visual conflict with other signs, to not obstruct sight distance for motorists, to not obstruct pedestrian facilities, to have the least impact on the scenic environment, and to take advantage of the natural terrain. Categorical signs are not allowed on any islands 6 feet or less or in the internal center islands in a rotary or modern roundabout.

1. Interstate and Controlled Access Highways

Categorical signs are not allowed within the limits of a Controlled Access Highway.

1. Lateral Clearance

Except as noted in Table 1, the near edge of Categorical signs shall be located at least ten feet outside the highway shoulder except that in areas where insufficient right-of-way exists to maintain this clearance, or where physical obstructions make such a distance impossible, the near edge shall be located the maximum practical lateral distance from the edge of the traveled way. In urban areas signs shall be a minimum of at least one foot from the curb face.

1. Sign Placement

Categorical signs shall not be mounted on a post containing a traffic control sign or device, a public utility pole or fixture, a rotary or roundabout center traffic island, a tree in a public right-of-way, or within a control-of-access area or any island/median less than 6 feet wide.

1. Categorical Sign Assemblies

The Department reserves the right to require entities allowed signage to share sign posts if there is insufficient room to install sign assemblies.

1. Vertical Distances

Sign assemblies (except Temporary Signs) shall be erected so as to provide a minimum of five feet vertical clearance between the lower edge of the bottom sign and the surface of the highway. Signboards located near pedestrian facilities such as sidewalks and parking areas shall have a vertical clearance of seven feet.

1. Materials 1. Sign panel material shall be high density overlaid plywood a minimum of one-half inch thick, standard aluminum blanks or other material sufficiently stable not to deform under normal conditions of weather and use. All materials furnished under this Section shall be durable and weather resistant. 2. No sign and/or support shall constitute a Deadly Fixed Object.
2. Installation and Maintenance

Categorical signs are considered private signs and are not installed or maintained by the Department. Entities installing signs pursuant to this subsection are required to notify Dig Safe. Any sign not properly maintained for plumbness or quality shall be removed by the Department. The Department shall have the sole decision making authority as to when a sign does not meet the above criteria.

All categorical signs installed in the Public Right of Way shall be installed in compliance with 23 MRSA Section 3360-A, Protection of Underground Facilities (a.k.a. “The Dig Safe® Law”) which requires notification to various entities at least three working days prior to making any excavation. Additional information may be found at: http://mutcd.fhwa.dot.gov , http://www.osha.gov/SLTC/trenchingexcavation/, and http://www.digsafe.com respectively.

MaineDOT Policy on Special Intra-community Signs and Community Way-Finding Signs

Special service signs for local information within individual communities may be erected on State or State Aid highways provided the following conditions are met:

Requests for signs

Requests for signs must be made by the municipal officers of the town or city where signs are to be erected.

Eligible Facilities

Signs shall be limited to directing traffic to locations of special interest which include the following:

• • 1. Hospitals which provide emergency service 24 hours each day 2. Public transportation facilities including airports, railroad stations, bus terminals and ferry terminals. 3. Public recreation facilities such as beaches, parks, sport arenas, scenic areas and historical sites. 4. Municipal sub-divisions such as central business districts and villages within municipal boundaries. (i.e. industrial parks, business parks, etc.) 5. Governmental buildings or agencies such as City Halls, county buildings, schools, armories and fire/police stations. 6. Colleges and Universities

Exclusions

Intra-community wayfinding signs for commercial establishments shall not be permitted.

Design of Signs

Signs governed by this section shall be rectangular in shape with a white legend on a green background, although white legend on blue background and white legend on brown background may be acceptable at the sole discretion of the Department. The maximum length shall be 48 inches and maximum letter size shall be 4 inches. No more than three lines of copy shall be permitted on one design. Intra-community signs that are intended to direct tourists and other road users to key civic, cultural, visitor and recreational attractions and other destinations shall be made with retro-reflective material (ASTM sheeting type III or greater). Intra-community signs intended to direct pedestrians shall be made with non-reflective materials.

Signs governed by this section must comply with the standards found in the Manual on Uniform Traffic Control Devices (MUTCD) Section 2D.50 Community Wayfinding Signs.

Installation of Signs

Signs governed by this section shall be provided and installed by the local municipal officials. All sign installations within the MaineDOT designated clear zone shall be on posts considered to be breakaway and shall meet all safety standards required by MaineDOT. The vertical and lateral clearances of such signs shall conform with section 2A-19, 2A-20 and 2A-21 of the “Manual on Uniform Traffic Control Devices”. The signs shall not be erected in conjunction with, nor be in conflict with, official highway signs.

All Categorical Signs installed in the Public Right of Way shall be installed in compliance with 23 M.R.S. Section 3360-A, Protection of Underground Facilities (a.k.a. “The Dig Safe® Law”) which requires notification to various entities at least three working days prior to making any excavation. Additional information may be found at: http://mutcd.fhwa.dot.gov , http://www.osha.gov/SLTC/trenchingexcavation/, and http://www.digsafe.com respectively.

Restrictions

Special intra-community service signing shall not be permitted on Interstate highways or expressway systems.

SECTION 4. CATEGORICAL SIGNS LOCATED OUTSIDE OF THE PUBLIC RIGHT OF WAY

General Requirements. The following signs may be erected and maintained by individuals or entities with demonstrated authority/ eligibility to seek signage outside of the public right of way with the consent of the property owner without license or permit so long as they conform to the specifications set forth in Table 2:

Table 2 – Categorical Signs Located Outside of the Public Right of Way

Categorical Signs Outside the Right of Way

Allowed sizes

Non-commercial signs can be installed outside of the public right of way.

50 square foot maximum.

Location of Signs – Outside of the Right of Way

General Requirements

These signs must be located outside of the Public Right of Way with the consent of the property owner.

Interstate and Controlled Access Highways

All sign entities shown in Table 2 shall not be installed so that the signs are readable anywhere along the limits of a Controlled Access Highway.

Prohibited practices

None of the signs referred to in this section may be erected or maintained on any traffic control signs or devices, public utility poles or fixtures or upon any trees. None of these signs may be painted or drawn upon rocks or other natural features.

SECTION 5. ON-PREMISE SIGNS

Sign Eligibility

To qualify for an on-premise sign, the applicant must be one of the following:

1. A lawful business;
2. A point of interest; or
3. A cultural, historic, recreational, educational or religious facility on the land which the sign is being requested.

Location of On-Premise Signs

1. On-premises signs must be located outside the state’s right of way on the property of the entity placing the sign. Signs for each business on a property shall not number more than 10.
2. On-premises signs shall be located within 1,000 feet of the principal building or structure where the business or facility is carried on or practiced or within 1,000 feet of the point of interest. Storage areas, warehouses and other auxiliary structures and fixtures are deemed to be buildings where the business, facility or point of interest is carried on or practiced.
3. Location, relation to public way. On-premises Unless a license is obtained from the Commissioner pursuant to this subsection, on-premises signs are prohibited:

Within 33 feet of the center line of any public way;

Within 20 feet from the outside edge of the paved portion of any public way with more than 2 travel lanes and a total paved portion in excess of 24 feet in width; and

Within the full width of the right-of-way of any public way.

Temporary On-Premise Signs - Temporary on-premises signs are allowed for projects such as roofing, landscaping; to include mowing, masonry, moving, building construction or site work that will be completed within a specific duration of time. Temporary On-Premise signs are allowed to be displayed only after the contactor has commenced work on the site. All temporary on-premises signs shall be immediately and permanently removed when the overall project has been completed. Entities that install temporary On—Premise signs that are in violation of this chapter will have 24 hours to comply, also see Section 8 below, Penalties and Enforcement.

Real Estate Signs - Real Estate signs are allowed to be erected only on property that is for sale. The erection of real estate signs at off-premises locations for directional purposes is prohibited.

A sign may be installed outside of the right of way but within the boundaries listed within 2.C. (1), (2), if the sign has been granted a license and is installed with a Department approved breakaway system within the sign frame.

Sandwich Board Signs. Sandwich Board signs are generally not allowed within the Right of Way. If a municipality passes an ordinance to allow Sandwich Boards in the Right of Way contiguous to an business entity, that municipality may grant a waiver for an entity to place a sandwich board sign in front of its property if the sign is set-up and removed daily, is outside the clear zone, does not obstruct the flow of pedestrian travel and placement on the sidewalk still allows ADA standards to be met.

Licensing Provisions

All license requests pursuant to 23 M.R.S. section 1914 (4) will be reviewed by a panel comprised of MaineDOT personnel that may include the Designee of the Chief Counsel, the State Traffic Engineer, the appropriate Region Engineer, the Right of Way Technician and a Field Investigator. The panel will issue a recommendation to the Commissioner regarding the issuance of a license.

An entity may ask for a license to be within the designated standards of sub-§2 (C.) above if the sign is located outside the clear zone;

Deference will be given to requests for licenses when the majority of business signs within 1,000 feet of the proposed location of the sign for which license is sought are within the right of way or within 20 feet of the edge of pavement or when the width of the right of way where the proposed sign will be placed is sufficiently wide.

Neither the granting of a license nor the installation of a sign within the public way conveys permanent property rights relating to the public way. The Department of Transportation is not responsible for loss or damage to an on-premises sign licensed under this subsection. An on-premises sign under this subsection may be removed by the Department to accommodate highway uses at any time without compensation to the owner of the on-premises sign and at the owner’s expense.

Interstate highways

1. Not more than one on-premises sign advertising the sale or lease of the property may be permitted on land adjacent to any portion of the interstate system, including ramps and interchange areas, when that land is visible from any portion of the interstate system.
2. Not more than one on-premises sign visible from any portion of the interstate system, including ramps and interchange areas, may be permitted more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on.
3. No on-premises advertisement located more than 50 feet from the principal building or structure where the business, facility or point of interest advertised is carried on may exceed 20 feet in length, width or height or 150 square feet in area, including border and trim, but excluding supports.
4. Any on-premises sign located more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on that displays any trade name referring to or identifying any service rendered or product sold must display the name of the advertised business, facility or point of interest as conspicuously as such trade name.
5. Businesses abutting the interstate may have up to 10 signs, but only one sign may be visible from the interstate highway.

On-premises signs prohibited. An on-premises sign is prohibited if it:

1. Attempts or appears to attempt to direct the movement of traffic or interferes with, imitates or resembles any official traffic sign, signal or device;
2. Prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;
3. Contains, includes or is illuminated by a flashing, intermittent or moving lights, except as provided in Subsection 9, below;
4. Uses lighting that is of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle unless, in the opinion of the Commissioner, the lighting is effectively shielded to prevent beams or rays of light from being directed at any portion of the public way; or,
5. Moves, has any animated or moving parts or has the appearance of movement, except as provided in Subsection 9, below.

Height

The maximum height of on-premises signs is 25 feet above the ground level of land upon which it is located, or if the sign is affixed to or is part of a building, the maximum is 10 feet above the roof of the building.

Jurisdiction by local authority in compact areas

Except as otherwise provided in this chapter, administration of this chapter for on-premises advertisements located in compact areas of an urban compact municipality, as defined in section 754, is the responsibility of local authority. In compact areas of an urban compact municipality adjacent to the interstate, the Department of Transportation is responsible for the administration of this section.

Approach signs

Any business or facility whose principal building or structure, or a point of interest is located on a private way more than 1,000 feet from the nearest public way, or is not visible to traffic from the nearest public way, may erect no more than 2 approach signs with a total surface area not to exceed four (4) square feet per sign. These signs are allowed to be located within the public right-of-way limits within 2,500 feet of the junction of the public and private ways.

Changeable signs

1. Notwithstanding subsection 5, paragraph C, changeable signs are not prohibited as long as the sign complies with all the terms and applicable provisions of this subsection and rules adopted pursuant to this chapter. The Department of Transportation shall administer the provisions of this subsection, except as provided in paragraph B.
2. The display on each side of a changeable sign

May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance;

Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash or display continuous streaming of information or video animation; and

May consist of alphabetic or numeric text on a plain or colored background and may include graphic, pictorial or photographic images unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. If a municipal ordinance is adopted, the municipality is responsible for the administration of that ordinance.

1. Only one changeable sign with 2 sides is allowed for each public way that provides direct vehicular access to the business, facility or point of interest.
2. Changeable signs may not be located so that the message is readable from a controlled-access highway or ramp.
3. The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the centerline of the nearest public way or actual ground level adjacent to the sign, whichever is lower.
4. Changeable message board signs existing in accordance with the requirements of former subsection 11 continue to exist if the signs:

Are reasonably incapable of being modified or reprogrammed to comply with this section as amended; and

Are not replaced, substantially rebuilt, reconstructed or repaired beyond routine maintenance.

1. The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time and temperature sign must comply with rules adopted by the Department of Transportation, except that time and temperature signs erected prior to September 29, 1995 need not comply with those rules.

SECTION 6. OFFICIAL TOURIST INFORMATION CENTERS

Eligibility. In order to be eligible for a sign, the entity must prove that they are acknowledged by the Maine Office of Tourism and must have rest room facilities

Location Requirements and Maximum Number of Signs Allowed

1. General Requirements

Signs shall be located within the public right-of-way on approaches to intersections where travelers must change direction from one public way to another to reach a business, service, or point of interest or where appropriate at the end of T intersections.

1. Interstate and Controlled Access Highways

Signs shall not be permitted within the right-of-way of the interstate highway system and fully controlled access highways.

1. Lateral Clearances and Vertical Clearances 1. Lateral and vertical clearances shall conform to standards outlined by the Department pursuant to federal highway standards. 2. Signs shall be located so as not to interfere with, obstruct, or divert a driver's attention from a traffic control sign or device.

SECTION 7. PENALTIES AND ENFORCEMENT

Any person, firm, corporation or other legal entity who shall erect, maintain or display a sign contrary to and in violation of this chapter, or the rules and regulations promulgated by the Commissioner, shall be punished by a fine of not more than $100 together with the cost of removal of the signs. The unlawful maintenance or display of each sign or advertising structure for any one day shall constitute a separate offense.

In addition to other penalties, the Department , if the illegal sign is located on a state or state aid highway, or the compact municipality, if the illegal sign is located on a town way or state or state aid highway in an urban compact, may institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this chapter, or any orders or the rules and regulations issued or promulgated hereunder.

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History

• STATUTORY AUTHORITY: 23 M.R.S. §1925, as amended by P.L. 2013 Ch. 529; 23 M.R.S. §52
• EFFECTIVE DATE: July 15, 2015 – filing 2015-128
• REPEALED AND REPLACED: November 8, 2020 – filing 2020-226

Chapter 206 Regulation for the Installation of Gas, Food, Lodging, Camping and Attractions Logo Signs on the Rural Portions of the Interstate Highway System

Code Me. R. 17-229 Ch. 206 Rules for the Installation of Gas, Food, Lodging, Camping and Attractions Logo Signs on the Rural Portions of the Interstate Highway System {#sec-17-229-ch.-206 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 206}

SUMMARY: The purpose of these rules is to regulate the installation of gas, food, lodging, camping and attraction logo signs on rural portions of the interstate highway system. These regulations establish the size, shape, manner and location of logo signs and describe the procedure for applying to the Department for permission to erect a logo sign and the criteria used by the Department to select among applicants. The Department may contract with a private vendor to implement the logo sign program.

Section 1: General Requirements

The installation of logo signs shall be limited to areas which are primarily rural in character, and which have signs adequately spaced to provide proper maintenance and driver readability.

Logo signs for gas, food, lodging, camping and attractions may be installed at rural interchanges on the interstate system. Applications from at least 2 qualified services must be approved before installation of a logo sign assembly at an interchange.

Logos for 2 or more types of service may be displayed on the same sign assembly.

More than 1 logo sign assembly may be installed at a rural interchange exit only when 3 or more qualified services are available for each of 2 or more types of service.

The number of logo sign assemblies at a rural interchange exit may not exceed 2 for each type of service or a total of 4 for all types of services.

Any sign assembly may display no more than 6 logos. Where more than six services of a specific service type qualify for a logo sign, they may be displayed on one other logo sign assembly.

Logo signs shall not be permitted at locations where the directional information contained may be misinterpreted, misleading, or otherwise confusing to the traveling public. No logo signs shall be permitted at interchanges which do not provide return access to the interstate highway in the direction of original travel.

Each service type may have not more than one mainline logo and one ramp logo in each direction on the interstate highway. Logo signs permitted must be for the closest interchange to the service.

Logo signs may also be installed on certain connector highways where it is necessary to establish continuity with logo signs erected on the Maine Turnpike.

Each service shall be required to have a mainline as well as a ramp sign unless the Department determines that the interchange cannot support ramp logo signing (see Section 6) in which case only mainline signs will be allowed. In the event that ramp signing is limited, permits will be issued in the order of receipt of applications by the Department. If excess applications are received on the same day, preference shall be given to the service nearest by roadway distance to the interchange.

Any service that is in violation of any provision of the Maine Traveler Information Services Act , 23 M.R.S.A. §1901 et seq . (as amended) shall not be eligible to establish or maintain a logo sign. The failure of a service to comply with any other applicable laws and/or to maintain professional standards in keeping with the prevalent practices in the service industry will be cause for the Department to deny a logo sign or to remove one which has been permitted, as outlined in Section 13.

Section 2: Definitions

1. Department. “Department” means the Maine Department of Transportation.

2. Interstate highway or interstate system. “Interstate highway” or “interstate system” means any state highway under the jurisdiction of the Department which is part of the interstate system as described in the United States Code, Title 23, section 103e, as amended.

3. Logo sign. “Logo sign” means a sign provided by a service to identify the service’s trademark and/or name for facilities which provide gas, food, lodging, camping or attraction.

4. Logo sign assembly. “Logo sign assembly” is either the mainline sign assembly or the ramp sign assembly.

5. Mainline sign assembly. “Mainline sign assembly” means the base unit of a sign to which logo signs are attached and which are erected along the interstate in advance of an exit to direct motorists to a particular service.

6. Ramp sign assembly. “Ramp sign assembly” means the base unit of a sign to which logos are attached and which are erected along an off-ramp to direct motorists to a particular service.

7. Attraction. A cultural, historical, natural or major recreational site, or a leisure/recreational activity.

Section 3: Service Requirements

The following services shall be available on site.

1. GAS

Gas stations shall provide all of the following during all hours of operations including but not limited to:

A. Be licensed by the applicable state or local agency;

B. Water, oil, and at least two grades of fuel;

C. Sanitary facilities for public use;.

D. Drinking water;

E. If the gas station is also a convenience store, the brand of gas sold shall be displayed on the logo sign; and

F. Minimum hours of operation shall be from 7:00 a.m. to 8:00 p.m., 7 days a week.

2. FOOD

Food services such as restaurants or eating establishments shall:

A. Be licensed by the applicable state or local agency;

B. Have rest rooms for patron use; and

C. Serve food for a minimum of 12 consecutive hours within the time frame of 7:00 a.m. to 11:00 p.m., 6 days a week.

3. LODGING

Lodging services such as hotels, inns, motels, cabins, or bed and breakfasts shall:

A. Be licensed by the applicable state or local agency;

B. Have modern bathroom facilities for patrons;

C. Have adequate off-street parking for patrons.

All eligible lodging services, including bed and breakfasts, shall be available 7 days a week.

4. CAMPING

Eligible camping services shall provide the following:

A. Be licensed by the applicable state or local agency;

B. Sanitary facilities and potable water;

C. Shall be open at least 3 consecutive months per year; and

D. Have adequate parking accommodations.

5. ATTRACTION

In order to qualify for an Attraction logo sign, a site must have:

A. Public restroom facilities and drinking water;

B. Attendants on site and/or conduct tours on a regular basis;

C. Continuous operation/accessibility for at least 3 consecutive months;

D. Adequate parking for normal attendance; and

E. Meet specific eligibility guidelines (see next page) developed by the Department.

Table 1 - GUIDELINE CRITERIA FOR SIGNING ATTRACTIONS #

TYPE SPECIFIC CRITERIA LOCAL INTEREST REGIONAL INTEREST

Natural Visitors (Yrly) 5,000 50,000

Phenomenon Distance from Interchange (Ml. 10 50

Historic Visitors (Yrly) 5,000 50,000

Site/District Distance from Interchange (Ml.) 10 20

Cultural Attendance (Yrly) 5,000 50,000

Site Distance from Interchange (Ml.) 10 30

Amusement Attendance (Yrly) 50,000 200,000

Park Distance from Interchange (Ml.) 5 30

Arena Attendance (Yrly) 100,000 250,000

Distance from Interchange (Ml.) 5 20

Area of Natural Attendance (Yrly) 5,000 50,000

or Scenic Beauty Distance from Interchange (Ml.) 10 50

---

Leisure Attendance (Yrly) 10,000 50,000

Activity Distance from Interchange (Ml.) 10 30

---

Museum Attendance (Yrly) 5,000 100,000

Distance from Interchange (Ml.) 10 30

---

Recreational Area Attendance (Yrly) 5,000 50,000

Distance from Interchange (Ml.) 10 100

---

Zoo, Botanical Distance from Interchange (MI) 10 30

Garden, Wild- Attendance 5000 100,000

Life Parks/Preserve

& Aquariums

Attendance for local interest attractions may be halved and mileage doubled for areas where the interstate directional AADT is less than 5,000 vehicles.

Section 4: Eligibility of Sites

Natural Phenomenon – Natural phenomenon shall be limited to features created by nature. (see also, Area of Natural or Scenic Beauty).

Historic Site/District – Historic sites or districts shall be limited to structures or sites that have definite historical significance as determined by the Maine Historical Society.

Cultural Site – Cultural sites shall be limited to any facility for the performing arts, exhibits, or concerts.

Amusement Park – Amusement parks shall be limited to a permanent area which is open to the general public for at least three months per year and which offer at least three of the following activities: swimming, entertainment rides, picnicking, hiking, food services, boating and/or riding.

Arena – Arena shall be limited to stadiums, coliseums, civic or convention centers, auditoriums, sports complex, fair grounds, or race tracks.

Area of Natural or Scenic Beauty – An area of natural or scenic beauty shall be limited to a naturally occurring area of interest to the general public, including State or National Parks, wilderness areas, mountain ranges, lakes, rivers, deserts, and similar areas.

Leisure Activity – These activities include: A golf course, which shall have facilities open to the general public that offer at least 18 holes for play on a regulation size facility that operates for at least five months a year; or a casino, which shall have facilities open to the public that offer gaming tables and machines operating all year.

Museum – A museum shall be limited to facilities open to the public at least 200 days per year, in which works of historic, artistic, or scientific value are cared for and exhibited.

Recreational Area – A recreational area shall be limited to those areas that include any of the following activities: boating, fishing, bicycling, kayaking, rafting, picnicking, snowmobiling, and skiing. A ski area shall have facilities that offer downhill, alpine, and cross-country (Nordic) skiing, with lifts and groomed trails.

Zoo, Botanical Garden , Wild life parks/preserves and Aquariums shall be limited to facilities open to the public.

Section 5: Distance to Services

The maximum distance a service is located from the end of an off-ramp in order to qualify for logo signing shall be 3 miles for gas, food, lodging and camping, distances for attractions are as shown in Table 1 - GUIDELINE CRITERIA FOR SIGNING ATTRACTIONS. In the event that no service providing gas, food, lodging or camping is available within this distance, the Department may extend the distance in 3-mile increments up to 15 miles until an eligible service is located.

The distance to gas, food, lodging, camping or attraction services shall be measured by computing the travel length from the terminal of an exit ramp to the nearest point along the public highway where the nearest existing driveway entrance to the service is reached. Driveway length and width shall not be considered when making such distance computations.

If the service is not located on the route the interchange serves, the service will need to apply to the Department’s Official Business Directional Sign (OBDS) program for continuity signs in order to be eligible for a logo sign.

Section 6: Interchange Eligibility Criteria

The following criteria shall be used to determine whether any portion of a particular interchange has physical characteristics capable of supporting logo signage without detriment to motorist safety:

1. In instances of curvature, ramp curvature that does not interfere with sight distances necessary for motorists to view the signs;

2. Other sight distance restrictions which impede the safe and orderly flow or traffic or restrict the motorist’s ability to respond to official guide, warning or regulatory signs; and

3. Any other limitations or space restrictions which may negatively impact the safety of the traveling public.

Section 7: Logo Design

Logos shall be limited to a symbol or trademark, and/or a legend message identifying the name or abbreviation of the specific service under which it commonly operates. Logos shall not be approved that resemble an official traffic control device, for example a stop or yield sign. There shall be no other trade name, trademark, or enterprise other than the specific service name under which it commonly operates, in conjunction with the design or layout of a logo sign.

Section 8: Logo Size and Shape

Logo signs shall be rectangular in shape, and shall be 24 inches high and 36 inches wide on mainline sign assemblies.

Logo signs shall be rectangular in shape, and shall be 18 inches high and 24 inches wide on ramp sign assemblies.

Section 9: Logo Legends

Legends shall refer to the name of the service. Logo legends on mainline signs shall not contain more than two lines of copy. The minimum legend character size shall be six inches in height on mainline signs. Ramp signs shall not contain more than three lines of copy. The minimum legend character size shall be four inches in height on ramp signs.

Highway Gothic Series B is the recommended letter style with no more than 80% condensing allowed.

Section 10: Logo Color

The logo sign shall be finished in a neat manner, free of cracks, wrinkles, blisters, discoloration, burrs, buckles and warps and shall present a smooth light surface of uniform color. All logo colors shall be made from either standard Type III white reflective sheeting, and shall meet all applicable requirements of “Section 719 Signing Material” of the State of Maine Department of Transportation Standard Specifications for Highways and Bridges, latest revision.

Section 11: Materials

Logo sign material shall be aluminum sheeting which complies with the latest revision of the State of Maine Department of Transportation Standard Specifications, Highways and Bridges for Section 719.04 “Aluminum Sheets”.

Section 12: Location of Sign Assemblies

1. Mainline Sign Assemblies

Mainline sign assemblies shall be erected between the previous interchange and at least 800 feet in advance of the first exit direction sign closest to the interchange from which the services are available. There shall be at least 800 feet spacing between the logo sign assemblies and other highway signs.

If a service facility meets the criteria for approval at more than one interchange, signing will be allowed only from the exit providing the most direct route in each direction.

Once services are selected for a particular assembly, the first approved service from which an application was received will have its sign placed on the top left of the assembly and the second service of the same type will be on the next space horizontally. In cases where two types of services are combined on the same assembly, logos will be arranged with similar services grouped vertically and the following priority of services displayed from left to right: gas, food, lodging, camping, and attractions.

The number of sign assemblies shall be limited to two for a specific type of service along an approach to an interchange. At double exit interchanges the top section shall display logos for the first exit and the lower section shall display logos for the second exit. Specific service signs at double exit interchanges shall be limited to four logos each and shall be displayed successively in the direction of travel in the following order: attractions, camping, lodging, food, and gas.

2. Ramp Sign Assemblies

Ramp sign assemblies shall be installed along the ramp for service facilities which have logos displayed along the interstate unless the service is readily visible from the ramp terminal or if there is only one direction of travel possible at the end of the ramp and the service is less than one-half mile from the end of the ramp.

Logos on ramp signs shall be duplicates of the corresponding logos installed along the main roadway and shall be grouped in the same manner as mainline signing. Ramp sign assemblies shall include distances to the nearest mile to the service facilities if located more than one-half mile from the exit ramp. Directions shall be indicated by arrows.

Signs along the ramp shall be installed on the right side of the ramp, unless circumstances, including but not limited to physical layout and visibility, require left side installation. Spacing shall be provided between all ramp sign assemblies and between ramp sign assemblies and other highway signs to provide motorists adequate time to read all the messages on the ramp.

Section 13: Eligibility Survey

The Department may survey services for which an application is submitted to determine eligibility for logo signs. Information relative to the eligibility of a specific interchange or exit ramp may be obtained from the Department. No more than one logo sign per service facility shall be permitted along an approach to an interchange regardless of the number of services provided by a facility. The survey will also determine if the entity is eligible for continuity signage off the interstate system. All logo signs shall have continuity signage if the entity is not located on the roadway the interchange is located on.

Section 14: Logo Permits

Applications for a Gas, food, lodging and camping logo signs shall be made on forms furnished by the Department. Applications will be processed and permits issued based on selection through a lottery system if the individual sign panels are deemed full. Permits shall be issued for a three year period. At the end of the three years a new lottery will be undertaken to determine the next selection of permits.

Applications for an attraction logo sign shall be made on forms furnished by the Department. Applications will be processed and permits issued based as follows: Three permits will be issued for a three year period to the highest bidder, minimum bid is the logo cost per sign at the time of the application. The remaining three permit slots shall be filled through a lottery system. These permits will be issued for a three year period. At the end of the three years a new lottery and new bidding process will be undertaken to determine the next selection of permits.

Competing interchange services for logo signing, which have similar characteristics in the criteria listed above, may be selected based upon order of application form receipt.

Eligible services who receive a permit shall furnish logo signs constructed to specifications to the Department or its contracted vendor. Once a permit is issued, the Department or its vendor shall be responsible for installation of the logo signs and assemblies.

Section 15: Replacement

The participating service shall be responsible to provide new panels to the Department or its vendor for reinstallation when in the opinion of the Department existing panels require replacement, including but not limited to replacements due to wear, vandalism and accident. Damaged or worn logo panels shall be returned to the business.

Section 16: Changes in Participating Service

If a participating service facility is sold, the new owner shall submit an application for continuation in the logo program within 30 days of change in ownership if the service wants to continue participation. An initial fee shall be charged if any changes to the installation are required as a result of the change in ownership. If the service facility is sold for a different use the privilege to participate in the logo program shall be offered to the next qualified service. Services that withdraw from the logo program shall not be reimbursed.

Section 17: Existing Attraction Signing

Existing signs on the interstate that the Department determines is better suited for logo signage will be removed from the interstate by December 31, 2015. The Department will notify the entity 30 days before removal.

Section 18: Removal of Logo Signs

The Department shall permanently or temporarily remove or relocate, if possible, logo signs under the following circumstances:

1. If the space occupied by logo signage is needed for other highway signs;

2. In instances where signs will interfere with highway construction and maintenance activities; and

3. For other safety or operational reasons.

Failure to comply with any of the logo program rules shall result in cancellation of the logo permit and removal of the logo sign. The service shall be notified and given 30 days to come into compliance before the sign is removed and the permit cancelled.

For safety reasons, a logo sign may be removed immediately. The Department shall attempt to notify the service of the logo sign removal.

In the event that a rural interchange is deemed to be no longer rural, the logo signs shall be removed the following year when the signs are due for renewal of their annual fees.

Section 19: Relocation of Logo Signs

If Department projects or operations involving maintenance, design, utilities, traffic control, drainage or construction necessitate the removal or temporary or permanent relocation of logo signs, the Department shall relocate, if practicable, the logo signs to a new location at Department expense and shall notify the service of the relocation.

The Department shall determine the following:

1. If the services still meet applicable guidelines for signing;

2. If the relocation of existing logo signs is possible; and

3. Whether additional signs or changed signs are needed as a result of changes in routing.

Factors considered in the initial location selected for signage as set forth in this part shall apply in considerations for relocation.

The cost of relocating or changing the existing logo signs due to Department initiated actions shall be borne entirely by the Department. The cost of installing new or added logo signs, if necessary, shall be the responsibility of the logo applicant.

Section 20: Financial Responsibility

Approved logo signs may be installed and maintained by the Department or an approved contractor, whoever installs or maintains shall charge appropriate fees for the implementation of the logo sign program.

Section 21: Implementation

The Department may contract for the provision of services relating to the logo sign program including recruitment and qualification of services, review of applications, permit issuance, fabrication, installation, and maintenance of logo signs.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §1912-B
• EFFECTIVE DATE: September 1, 1999
• AMENDED: January 27, 2007 – filing 2007-22
• AMENDED: May 27, 2015 – filing 2015-098
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

Chapter 207 Adopt-A-Highway Program Rule

Code Me. R. 17-229 Ch. 207 Adopt-a-Highway Program Rule {#sec-17-229-ch.-207 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 207}

SUMMARY: This rule establishes the procedures by which municipalities may develop an Adopt-A-Highway Program for litter control and beautification activities and erect signs identifying participating individuals, business organizations and nonprofit community organizations.

Section 1 Definitions

(1) Department. “Department” means the Maine Department of Transportation.

(2) Municipality. “Municipality” includes cities, towns and plantations. In unorganized areas the county commissioners shall act as the municipality.

(3) State Highways. “State Highways” shall include all state highways as well as state-aid highways as defined by the Department pursuant to 23 M.R.S.A. §53.

Section 2 General

Each municipality may adopt its own Adopt-A-Highway Program for litter control and beautification activities. Should a municipality want to erect signs on or adjacent to state highways and town ways the following rule shall apply.

The Department may allow a municipality which wants to establish an Adopt-A-Highway Program for litter control and beautification activities, a permit for up to four sign assemblies. Each sign assembly may not exceed 50 square feet. Each component panel identifying the individual, business organization or nonprofit community organization participating in litter control or beautification activities shall not exceed four square feet. Upon approval by the Department, each sign assembly and attached panels will be installed and maintained by the municipality.

Application for a permit to erect an Adopt-a-Highway sign assembly shall be made on forms furnished by the Department. The Department shall have final responsibility and authority to determine the specific size and location of any sign assembly. Sign assemblies not deemed to meet the intent and purpose of the law or the criteria established in this rule shall not be approved or erected.

Sign assemblies shall not be permitted at locations within the highway right of way which adversely impact the use or safety of the highway. Sign assemblies may be erected outside the highway right of way on publicly owned property. Sign assemblies shall be located so as to avoid visual conflict with other signs, have the least impact on scenic and background environment, and take advantage of the natural terrain.

No sign assembly nor litter control and beautification activities shall be permitted within the right of way of any state highway which is an interstate highway or a fully controlled access highway.

Section 3 Materials

Individual sign panel material shall be high density overlaid plywood a minimum of one-half inch thick or others sufficiently stable, durable and weather resistant product not to deform under normal conditions of weather.

Section 4 Removal or Relocation of Sign Assemblies

The Department or municipality shall permanently or temporarily remove (or relocate if possible) sign assemblies under the following circumstances:

(1) if the space occupied by the sign assembly is needed for other highway signs;

(2) in instances where the sign assembly will interfere with highway construction and maintenance activities; and

(3) for other safety or operational reasons.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §1117
• EFFECTIVE DATE: February 22, 1999
• AMENDED: July 30, 1999
• AMENDED: 17-229 Chapter 207 page 2

Chapter 208 Rules for the Selection of Interchange and Supplemental Guide Signs

Code Me. R. 17-229 Ch. 208 Rules for the Selection of Interchange and Supplemental Guide Signs {#sec-17-229-ch.-208 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 208}

SUMMARY: Title 23 §1912- C grants the authority to place interchange guide signs on the interstate system for the sole purpose to guide travelers to destinations of local, regional and statewide interest. Interchange guide signs and supplemental guide signs may be placed by a signing agency at strategic points on the interstate system beside the traffic lanes approaching an exit if the placement complies with this section and with national standards. All determinations regarding whether the placement of interchange guide signs or supplemental guide signs on the interstate system meets the standards contained in this section must be made by the signing agency. The purpose of these rules is to regulate the installation and selection of Interchange and Supplemental Guide Signs on portions of the interstate highway system. These rules establish the size, shape, manner and location of Interchange and Supplemental Guide signs and describe the eligibility for any entity to formally request the Department to erect an Interchange or Supplemental Guide Sign.

Section 1 - Background

The Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) is the national standard for traffic control devices on all roads open to public travel. The MUTCD (http://mutcd.fhwa.dot.gov/) contains the standards for signing freeways and expressways for motorists who are unfamiliar with an area, but who are traveling between and through the Nation’s principal traffic generating centers.

The selection of information to be presented at an interchange is critical to the safe and efficient use of the highway system. The MUTCD provides mandatory requirements for installing many freeway and expressway signs, but leaves other signing discretion to the States. One of these discretions is the selection of destinations to be used on major (interchange) guide signs and Supplemental Guide signs. Numerous facilities that warrant inclusion on supplemental guide signs, and the addition of new facilities, have posed signing problems in many states.

The MUTCD incorporates by reference the American Association of State Highway and Transportation Officials (AASHTO) Guidelines for the Selection of Supplemental Guide Signs for Traffic Generators adjacent to freeways. The guidelines contained herein were modeled on the recommendations found within the AASHTO guidance in selecting the most appropriate generators for display on freeway and expressway supplemental guide signs.

It is imperative to note that the most important guidance information for any interchange along freeways and expressways is provided on the Advance Guide Signs and Exit Direction Signs. These signs inform motorists of the route(s) and principle destination(s) accessible from an interchange. In general, that information is limited to the municipality and route name at the interchange, along with major destination points remote from, but accessible from the interchange. These signs should not be used to describe specific traffic generators unless the purpose of the interchange is primarily to provide access to that generator.

Section 2 - Definitions

As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

"Advance guide sign" means a sign described in the national standards that identifies the principal destinations and routes served by an exit and the distance to that exit.

B. "Authority" means the Maine Turnpike Authority.

C. "College or university" means an accredited institution providing postsecondary education that has authorization to confer a degree in accordance with Title 20-A, chapter 409.

D. "Department" means the Department of Transportation.

E. "Exit directional sign" means an exit sign that repeats the route and destination information that is displayed on an advance guide sign for that exit.

F. "Interchange guide sign" means an advance guide sign or exit directional sign.

G. "Military installation" means a facility that is owned by the Federal Government and is operated by a branch of the United States Armed Forces.

H. "National standard" means the latest version of the Manual on Uniform Traffic Control Devices approved by the United States Department of Transportation, Federal Highway Administration in accordance with 23 United States Code and the latest version of the Guidelines for the Selection of Supplemental Guide Signs for Traffic Generators Adjacent to Freeways published by the American Association of State Highway and Transportation Officials.

I. "Signing agency" means, with respect to signs proposed to be placed along the state-constructed and state-maintained interstate system, the department and, with respect to signs proposed to be placed along the Maine Turnpike, the authority.

J. "State park" means any area of land or an interest in land, with or without improvements, that is designated as a state park, that is acquired by or under the control of the State and that is managed primarily for public recreation or conservation purposes.

K. "Supplemental guide sign" means a sign used to provide information regarding destinations accessible from an exit other than places displayed on an interchange guide sign.

L. "Transportation facility" means a bus, train, air, ship or ferry terminal, a park and ride lot or an intermodal transportation facility.

M. "Veterans, police or firefighters memorial" means a veterans cemetery or a memorial honoring veterans, firefighters or police officers if the cemetery or memorial is maintained and funded by a state or federal agency.

Section 3 - Interchange Guide Signs

The MUTCD guidance indicates that no more than two destinations should be displayed on any Advance Guide sign or Exit Direction sign. In addition the sign legend should not exceed three lines of copy, exclusive of the exit number and action or distance information.

Destinations selected by the Department’s traffic engineers for inclusion on an interchange guide sign are limited to the municipality and/or route/road name at the interchange, or a major destination point where the purpose of the interchange is primarily to provide access to that generator. Unless otherwise allowed by the signing agency, advance guide signs must be placed from ½ mile to 2 miles in advance of the exit.

In addition to the municipality that the interchange is in or the route/road name or major generator that the interchange connects to, the Department may select a secondary destination displayed on the interchange guide signs. Typically one of the following secondary destinations will be selected by the Department:

(A) The municipality with the largest population within 5 miles of the exit that has a highway that is classified as an arterial or major collector providing a direct connection from the exit to the municipality's population center or business district;

(B) A municipality with a population of at least 2,000 that is located within 5 miles of the exit, that has a highway that is classified as an arterial or a major collector providing a connection from the exit to the municipality's population center or business district if a portion of the interstate system passes through that municipality;

(C) A municipality that is located within 10 miles of the exit, that has a highway that is classified as an arterial or major collector providing a direct connection from the exit to the municipality's population center or business district and that has a population of at least 10,000;

(D) Another municipality that is considered a major destination if its inclusion would benefit travelers; or

(E) A major destination, other than a municipality, that is directly connected to the exit if its inclusion would benefit travelers.

(F) An interchange guide sign may bear the name of a specific destination if the primary purpose of the exit is to provide access to that destination.

Section 4 - Supplemental Guide Signs

Supplemental Guide signs can be used to provide information regarding destinations accessible from an interchange other than places displayed on the standard interchange signing; however, they should only be used in the context of providing a service to the motorist. As there are often far more traffic generators accessible from an interchange than can reasonably be accommodated on directional signage, it is necessary to limit signage to the most significant generators. Otherwise, the result can be an assortment of directional signage that, while serving the interest of a particular destination, provides a disservice to the motorist.

In accordance with the MUTCD guidance, no more than one supplemental guide sign should be used on each interchange approach. No more than two destinations/generators should be listed on a Supplemental Guide sign. When used, Supplemental Guide signs for destinations should be located in advance of the interchanging road that provides the most direct route to the facility. When more than two traffic generators meet the signing criteria, only those generators having the greatest traffic for signing should be considered for display on a Supplemental Guide sign. Signing for a traffic generator should not be displayed on a supplemental guide sign until signing has been installed at the ramp terminals and along the interchanging road and the other roads as necessary to direct the motorist from the freeway to the traffic generator.

Only those generators which have the greatest traffic should be considered for display on Supplemental Guide signs. This does not mean that all facilities that meet the criteria should automatically receive Supplemental Guide signing. Signing for traffic generators is considered optional and supplemental to the overall signing system for freeways. Therefore, before a sign for a traffic generator is installed, sufficient space should exist to accommodate the placement of the sign without interfering or conflicting with required signing or other optional signing that might be in place.

The following conditions will also apply to the installation of Supplemental Guide signs:

Sufficient longitudinal space should exist to accommodate the placement of the sign without interfering or conflicting with the necessary traffic control devices.

Signage for municipalities and transportation facilities including Park ‘N Rides should take priority over signage for other generators.

Not more than one supplemental guide sign for a traffic destination/generator should be provided in one direction.

No more than one supplemental guide sign should be used on each interchange approach.

Signs shall be located in advance of the interchange that provides the most direct or convenient route to the facility. The exception to this will be in areas where there are multiple interchanges within one municipality in which case signs can be placed prior to the first interchange at the Department’s discretion. As determined by the Department, supplemental guide signs may be placed in advance of interchanges in order to provide guidance to a motorist regarding a preferred route/exit in order to avoid congestion and potential traffic choke points.

Traffic generators should not be displayed on a supplemental guide sign until signing has been installed at the ramp terminals and along the intersecting road and other roads as necessary to direct the motorist from the Interstate to the facility. This signing will normally be the responsibility of the Department, the municipalities or the traffic generator.

The MUTCD has included a Specific Service sign category for attractions beginning with the 2000 Millennium edition. This category provides a means for to provide sign presence for qualifying attractions with Specific Service signs (Logo signs). This would also provide for as many as twelve qualifying attractions at an interchange versus the desired limit of two generators on a Supplemental Guide sign. The Department has a Logo Program which is outlined in Chapter 206 of the Secretary of State’s, State Agency Rules. Any specific service or attraction that qualifies for a logo sign will not be eligible for a supplemental guide sign unless that specific service or attraction’s name is readily recognized as defining a major recreational area (as defined on P. 4 of this policy) and including it on the Major Recreational signage would provide service to the motorist and avoid driver confusion.

Section 5 - Supplemental Guide Sign Criteria

Signing for traffic generators is considered supplemental to the overall signing as provided Section 2E-28 of the Manual on Uniform Traffic Control Devices . “Guideline Criteria for Signing Traffic Generators” (Table II) have been established so that facilities which generate the greatest need for information by motorists will receive priority in the use of supplemental guide signs.

Other generators that may qualify for signing on the conventional highway system are not normally of interest to the freeway or expressway user or critical to navigational guidance for a significant proportion of freeway or expressway users. Table 1 is not all-inclusive, but provides an indication of the type of facilities not warranting signs.

Supplemental Guide signs may be installed in advance of interchanges for the following destinations accessible from the interchange where the specific criteria of Table II are satisfied:

Major colleges and universities

Major military installations

Federal and State Parks

Major recreational areas

Other Municipalities

Airports & other transportation facilities that significantly benefit the Transportation system

Veterans Memorials and Cemeteries

A Major Recreational Area is defined as:

Major public beaches or lake access open to public, allow swimming for all ages, have public parking for a minimum of 100 vehicles, provide public sanitary facilities (restrooms) on or adjacent to beach, and lifeguard on duty during peak season (July & August).; OR

Major ski areas with minimum Vertical Drop of 1,000 feet and 40 maintained trails or is within 10 miles of the exit, has a minimum vertical drop of 200 feet with 10 or more maintained trails and has an aerial lift servicing groomed trails; OR

3. Have generated at least 1% of the State's total sales subject to the taxes under Title 36, section 1811 on the value of liquor sold in licensed establishments as defined in Title 28-A, section 2, subsection 15, prepared food and rental of living quarters in any hotel, rooming house or tourist or trailer camp over the previous 3 years and must offer recreational opportunities of sufficient traffic significance to warrant signs in accordance with the criteria below. A geographical area that contains at least 15 of the 19 activities/attractions listed and defined in table III including where some attractions in the area are eligible for a logo sign BUT including the geographical area on a single supplemental guide sign would benefit drivers and avoid confusion. The area must be served by a state arterial/major collector highway and must not already be identified by an existing interchange guide sign for the municipality or major destination point as described in the guidelines above.

Section 6 - Other Municipalities

Municipalities selected by the Department for inclusion on an interchange guide sign are limited to two destinations. The Department may evaluate a municipality supplemental signage utilizing the same criteria as outlined above under the Interchange Guide Sign section.

In addition other municipalities would also be considered for signage with a supplemental guide sign if population was over 25,000, within 50 miles, and has a state arterial/major collector providing a direct connection from the interchange to the municipality population center.

Section 7 - Other Transportation Facilities

Other transportation related facilities may be signed as the Department deems appropriate. Most transportation facilities will be granted General Information and Miscellaneous Information Signs as defined in Chapter 2 of the MUTCD.

Section 8 - Veterans Memorials and Cemeteries’

Veteran Cemeteries, Fire-fighter, Police officer and Veteran’s Memorials that are maintained and funded by State or Federal agencies may be included on supplemental guide signs.

Table I

Traffic Generators That Do Not Warrant Signing

Businesses** Schools

TV/Radio Stations Grade/High

Theaters Vocational/Trade

Motels/Hotels/Inns* Seminaries

Trailer Parks* Private

Industrial Parks & Plants

Shopping Center

Cemeteries Historical**

Local or State Homes and Buildings

Private/Public Privately Owned Facilities

Communities Medical**

Local Civic Centers Mental Facilities

Libraries Research Facilities

Churches

Subdivisions Sanitariums

Infirmaries or Treatment Centers

Governmental Veterans Facilities

Research/Experimental County, Fraternal, or Nursing Homes

County and City Facilities Retirement Facilities

Courthouses Humane Facilities

Driver’s License Centers Emergency Medical Services*

Highway Buildings

Jails/Prisons Military

Civil Defense Facilities Armories

Maintenance Facilities Arsenals

Power Plants Sites or detachments

Recreational/Conservational**

Country Clubs and Golf Courses

Points of Interest

Camps: Scout, Church, 4H, Youth and YMCA/YWCA

Tree Nurseries/Arboretums

Fish Hatcheries, Game Farms, Preserves and Refuges

• Items may be included on Generic Motorist Service Signs(GAS-FOOD-LODGING-HOSPITAL-CAMPING)

** Items may be included on Specific Service Signs(attractions-Logo signs) consistent with the MTA Policy

Table II

Guideline Criteria for Signing Traffic Generators

(All criteria must be met to qualify for consideration of a sign)

Type of Generator

Specific Criteria

Minimum Number

Major Recreational Area

Distance from Interchange

100 Miles

Local

Regional

Colleges

&

Universities

Total Enrollment Full & Part Time Students

(attending classes on site)

300

1,000

Distance from Interchange

15 miles

Unlimited

Military

Bases

No. of Employees & Permanently Assigned Military Personnel

2,000

Distance from Interchange

10 miles

State sponsored Veteran’s Memorials and Veteran’s Cemeteries

Distance from Interchange

20 miles

Federal and State Parks

Local

Regional

Annual Attendance

25,000

75,000

Distance from Interchange

10 Miles

120 Miles

TABLE III: Recreational activities and attractions

Antiquing – Antiquing is a particular form of shopping wherein the shopper is in search of works of art, pieces of furniture, decorative objects or the like that are old and often valuable. For a location to be considered an antiquing destination, it must have three or more antique dealers registered with the Maine Antique Dealers Association (MADA) and a store at that location.

Beaches – Must be open to public, allow swimming for all ages, have adequate public parking, provide public sanitary facilities (restrooms) on or adjacent to beach, and lifeguard on duty during peak season (July & August).^[1]

Bed & Breakfasts/Cottage rentals/Romantic Getaways/Spa Resorts – Must be available 7 days a week, be licensed by applicable state or local agency, provide adequate sleeping accommodations, provide modern sanitary facilities and have adequate off-street parking for customers.

Botanical Gardens and Landscapes- significant areas of man-made gardens and landscapes built and maintained for public viewing , must be open to the public at least 3 continuous months of the year, and have adequate parking and sanitary facilities.

Camping/Campgrounds/Sporting camp rentals/summer camp rentals – Must be open at least 3 months of the year, be licensed by applicable state or local agency, provide sanitary facilities and potable water, and have adequate parking for customers.

Cultural sites including Museums/Theaters - Locations such as museums and theaters that are primarily concerned with the areas of art, architecture, historical and religion and that shape or define a peoples’ regional or ethnic identity. Must be open to the public at least 3 continuous months of the year, and have adequate parking and sanitary facilities.

Fairgrounds/Fairs - An outdoor area that must hold an agricultural fair annually in this location, and must have adequate parking and sanitary facilities for its visitors.

Forts & State/National Historic Sites- Forts are a defensive location characterized by man-made fortifications such as block houses, walls, caponiers, ramparts and casemates and which was originally designed to house troops or a gun battery for the purpose of protecting an area of perceived strategic importance. State/National Historic Sitesare protected areas of national or state historical significance that are owned and staffed by either the state or federal government.

Golf Courses- Minimum 18 hole course open to the public 7 days per week during May to October

Guided trips (registered Maine guide)- guided wilderness trips offered for a fee by Registered Maine Guide, including hunting, fishing, trail, snow or water related, or other professional Maine guide services

River/Lake/Ocean access with Canoeing/Kayaking/Fishing/Boating/Sailing- must have adequate public parking and boat landing area to accommodate customers. ^[2]

Scenic Byways – Scenic Byways shall be defined as those roadways identified by the MaineDOT as Maine Scenic Byways, National Scenic Byways or All American Roads as listed below:

Blackwoods (Route 182, Major Collector)

Fish River (Route 11, Major Collector)

Grafton Notch (Route 26, Major Collector)

Katahdin Woods & Waters (formerly Grindstone, Routes 11, 157, 159 – Minor Arterial/Minor Collector /Major Collector)

Million Dollar View (Route 1, Major Collector)

Moosehead Lake (formerly Seboomook, Route 6/15 –Minor Arterial/Major Collector)

Pequawket Trail (Route 5/113, Major Collector)

Saint John Valley(Route 1, 161, Minor Arterial/Major Collector)

State Route 27( Route 27, Major Collector)

The Bold Coast( Routes 1, 187, 191, 189, 190 – Minor Arterial/Major Collectors)

Old Canada Road (Route 201, Principal Arterial)

Rangeley Lakes( Routes 4/7, Minor Arterial/Major Collector)

Schoodic ( Routes 1, 186, Major Collector/Local Road)

Acadia All-American Road. (Route 3, Minor Arterial/Major Collector)

Sightseeing including Lighthouses, natural phenomenon, memorials or chartered whale watching.Natural Phenomonon includes features created by nature such as desert, waterfalls, mountains, and wilderness areas.Memorials includes Veterans, Fire Fighter and Police officer memorials funded and maintained by state or federal resources.Whale watching is the recreational practice of observing whales and other cetaceans in their natural habitat from floating crafts for a fee, including sailboats, out-of-use fish or whaling boats and custom-built water crafts.

Skiing/Snowboarding/Snowshoeing- facilities and area that offer downhill skiing, snowboarding as well as cross country skiing and snowshoeing.^[3]

Snowmobiling - including areas with significant mileage of maintained and marked trails

State and National Parks or Forests and/or Preserved Public Land - where Day Hiking, Backpacking, Mountain Biking or Rock Climbing may occur. Must be open to the public in minimum 3 consecutivemonths of the year, and have adequate parking and sanitary facilities. A federal park means a property designated as a National Park and is included in the National Park System. A State Park means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the state, managed primarily for public recreation or conservation purposes.^[4]

Water/Amusement Parks – Must be open to the public 3 consecutive months of the year, have adequate parking and sanitary facilities for its customers .

Whitewater rafting— River locations with public access to over 10 miles of whitewater used for recreational use by human-powered inflatable rafts.

Zoos/Animal Parks/Aquariums/Sanctuary/Wildlife Refuge - Must be open to the public 3 consecutive months of the year, have adequate parking and sanitary facilities .

Reconsideration

Any interested person may request reconsideration by the Department within 14 days after notice of the Department’s findings regarding a sign request. This request must set forth in detail, the findings and conclusions of the Department to which the person objects, the basis of those objections and the nature of the relief requested. Upon receipt of the request, the department may schedule and hold a hearing limited to the matters set forth on the request. The department shall issue and write an opinion responding to the request whether or not a hearing is held. The response shall set out the Department’s reasons for either maintaining or modifying its findings.

The running of the time for appeal pursuant to the Administrative Procedure Act is terminated by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal.

Appeals

A final decision, whether subject to reconsideration or not, may be appealed as a final agency action.

History

• STATUTORY AUTHORITY: 23 MRS §1912-c; 23 MRS §52; 23 MRS §4206
• EFFECTIVE DATE: March 21, 2016 – filing 2016-045
• EFFECTIVE DATE: Beaches and Lake access may qualify for their own supplemental guides signs as well. ↑ Beaches and Lake access may qualify for their own supplemental guides signs as well. ↑ Major Ski areas may also qualify for their own supplemental guide sign. ↑ State and National Parks may also qualify for their own Supplemental Guide signs. ↑

Chapter 210 Utility Accommodation Rules

Code Me. R. 17-229 Ch. 210 Utility Accommodation Rules {#sec-17-229-ch.-210 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 210}

APPENDIX:

Typical Cross Section Elements ................................................................................................................... 67

Standard Detail 604(18), Utility Structures .................................................................................................. 68

Moratorium Pavement Restoration Detail (Revised 2018) ........................................................................... 69

Trench Restoration Detail (Revised 2018) .................................................................................................... 70

Underground Electric Lines Detail (Revised 2018) ...................................................................................... 71

Utility Poles Located Behind Guardrail Systems (New 2018) ...................................................................... 72

Gas Distribution and Service Installation Detail ........................................................................................... 73

SECTION 1. PURPOSE AND APPLICATION

These rules govern the accommodation of Facilities within the limits of state and state-aid highways. They also govern the accommodation of Facilities in Compact Areas when municipalities have not adopted more stringent local rules [35-A MRS §2503 (21)]. The intent of these rules is to provide administrative procedures and establish minimum requirements governing the location, method of installation, maintenance, adjustment and relocation of the accommodated Facilities. Within the limits of state and state-aid roads these rules supersede less stringent MPUC location standards.

These rules have been developed to protect the safety of the public and to safeguard the integrity and capacity of highway infrastructure in the state of Maine even while accommodating the convenient and economical placement of Facilities that also benefit the public welfare. These rules are authorized by 23 MRS §52 and 35-A MRS §2503 (16) and are further required by 23 CFR 645.211.

For capital improvement projects on state and state-aid Highways in Compact Areas, Compact Municipalities must coordinate with MaineDOT during project design to establish utility locations and/or relocations, any utility permitting [23 MRS §52] required by the Municipality, and any pavement restoration requirements. MaineDOT retains overall jurisdiction for utility location or relocation during design and construction of MaineDOT projects so that the primary highway purpose and maintenance are not hindered, restricted or otherwise impaired.

While uses such as the placement of utility facilities are permitted in the state’s Right-of-Way in the public interest, Maine law is clear that highway purposes are paramount on state and state aid highways and that highway fund dollars can be dedicated only to highway purposes. Utilities placing their facilities within the limits of state and state-aid highways subject to these Utility Accommodation Rules do so at their own risk without any liability on the part of Maine DOT.

SECTION 2. SCOPE

As of the effective date of these rules, the location standards defined herein shall apply to all new Facilities and any additions, alterations, adjustments, relocations or replacements of existing Facilities and Appurtenances within the limits of state and state-aid Highways. Unless specifically stated otherwise, these rules are not intended to require the adjustment of existing Facilities or Appurtenances that do not constitute a safety hazard to the traveling public or do not conflict with the use, construction or maintenance of the Highway. Notwithstanding the foregoing, the duties and responsibilities set forth in Section 7, Facility Maintenance Obligations, apply to all Facilities and Appurtenances, whether existing or proposed.

The standards defined herein supersede MaineDOT’s Policy on Above Ground Utility Locations, Policy on Tree Maintenance by Utilities Within the Public Right-of-Way , Utility Location Permits - Preparation of Application for a Utility Location Permit - Basic Requirements, MaineDOT Highway Opening Permit Policy, Permit-By-Rule Regulations for Aboveground Utility Facilities [17-229 CMR Chapter 205] and all prior versions of the MaineDOT Utility Accommodation Rules.

Throughout these rules, cross-references to MRS, CFR and other sources have been shown in brackets [ ]. Although the specific wording in these rules may occasionally match that which is used in the source materials, the intent is to cross-reference the contributing source(s) and not to imply duplication or interpretation of the source material.

SECTION 3. ABBREVIATIONS

The following abbreviations used in these rules shall be interpreted as follows:

AADT - Average Annual Daily Traffic

AASHTO - American Association of State Highway and Transportation Officials.

ADA – Americans with Disabilities Act

APWA - American Public Works Association

ASTM - American Society for Testing and Materials

COA - Control of Access Syn: Controlled Access

CFR - Code of Federal Regulations

CL - Centerline

CMR - Code of Maine Regulations

DEP - Department of Environmental Protection

EP - Edge of Pavement

ES - Edge of Shoulder

ETW - Edge of Traveled Way

FAPG - Federal-Aid Policy Guide - United States Department of Transportation.

FHWA - Federal Highway Administration

FOC - Face of Curb

HCP -Highway Corridor Priority

HMA – Hot Mix Asphalt

LCP – Light Capital Paving

MaineDOT - Maine Department of Transportation

MPUC - Maine Public Utilities Commission

MRS - Maine Revised Statutes

MUTCD - Manual on Uniform Traffic Control Devices (published by the FHWA under 23 CFR Part 655, Subpart F)

NESC - National Electrical Safety Code (Published by the Institute of Electrical and Electronics Engineers, Inc.)

NHS - National Highway System

PBR - Permit-By-Rule

R/W - Right-of-Way

TCP - Traffic Control Plan

TW - Traveled Way

USC - United States Code

USDOT - United States Department of Transportation

SECTION 4. DEFINITIONS

The following terms used in these rules shall be interpreted as follows:

Appurtenance - Any manhole, pull box, junction box, Vent, riser, anchor, guy wire, push brace or other incidental component of a Utility system, whether aboveground or below ground, excluding Facilities.

APWA Uniform Color Code - Red = Electric; Yello w = Gas-Oil-Steam; Orange = Communication-CATV; Blue = Potable Water; Purple = Reclaimed Water; Green = Sewer; Pink = Temporary Survey Markings; White = Proposed Excavation

Authorized Entity – any entity authorized to place and maintain Facilities within the Highway limits.

Backfill - Replacement of soil around and over a Facility or Appurtenance.

Backslope - The graded slope between the centerline of ditch and the original ground, located on the side of the ditch opposite the Traveled Way. Ref. Appendix – Typical Cross Section Elements

Bridge - A structure designed to carry pedestrians, vehicles, trains or other modes of transportation over another transportation corridor, water, or other physical barrier having a single span of at least 10 feet between supports or a combined open area of 80 square feet for multiple structures (i.e. multiple culverts). For the purpose of these rules, this term shall include both bridges and minor spans as defined in 23 MRS §562.

Casing - Pipe or other separate structure around and outside an underground Facility that is designed to support the dead loads of the Highway and superimposed loads thereon, including that of construction machinery.

Clear Zone - A Recovery Area established through consideration of traffic volumes, speed, recoverable and non-recoverable slopes, and roadside geometry and as applied through procedures defined in the Roadside Design Guide published by AASHTO and, further guidance as provided in MaineDOT Engineering Instructions and revisions thereto.

Commissioner - The Commissioner of MaineDOT.

Communication Lines - The conductors and their supporting or containing structures that are used for public or private signal or communications service which operate at potentials not exceeding 400 V to ground or 750 V between any two points of the circuit, transmitted power of which does not exceed 150 W. When the conductors are operating at less than a nominal voltage of 90 V, no limit is placed on the transmitted power of the system. Under specified conditions, communication cables may include communication circuits exceeding the preceding limitation when such circuits are also used to supply power solely to communications equipment. Note: Telephone, telegraph, Railroad signal, data, clock, fire and police alarm, cable television and other systems conforming with the above are included. Lines used for signaling purposes, but not included under the above definition, are considered as (electric) supply lines of the same voltage and are to be so installed. [NESC]

Compact Area - An area in which a Municipality has the responsibility for maintenance of state and state-aid roads. Factors that define a Compact area are specified in 23 MRS §754. A current list of Municipalities having Compact Areas is available on the MaineDOT Utilities Website.

Conduit - A structure containing one or more Ducts. [NESC]

Construction Season – The portion of any calendar year in which most Utility or Highway construction occurs (typically April through November).

Controlled Access - A type of Right-of-Way where all rights of access have been acquired from the abutting property owners. MaineDOT has the full power and authority to lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate the use of all Highways so designated. [23 MRS Chapter 7]

Coordination Meeting - A meeting that is held to discuss project specifics and concerns with the representatives of Authorized Entities having proposed or existing Facilities in the General Area of a Proposed Installation or a Highway construction project.

Cover - Depth of material between the top of a Facility or Appurtenance and the finished grade of the Highway.

Curb - A raised strip of bituminous, concrete or granite that is located at the Edge of Shoulder for surface drainage.

Day(s) - Calendar days. Each day shown on the calendar including Saturdays, Sundays and holidays.

Department - The State of Maine Department of Transportation.

Direct Burial - Installing a Facility underground without Conduit, Duct, Sleeve or any type of Encasement.

Duct - A single enclosed raceway for conductors or cable. [NESC]

Edge of Pavement - (EP) - The outside edge of the paved portion of the Highway constructed and surfaced for normal travel, including any surfaced Shoulders but excluding sidewalks. Ref. Appendix – Typical Cross Section Elements

Edge of Shoulder - (ES) - The outside edge of the Shoulder not adjacent to the Traveled Way. This term may be used whenever a Shoulder exists, regardless of whether or not the Shoulder is surfaced with hot bituminous pavement. Ref. Appendix – Typical Cross Section Elements

Edge of Traveled Way - (ETW) - The outer edge of the outmost lane intended for vehicular traffic and exclusive of shoulders and some turning lanes which will be evaluated individually. The ETW is often indicated by a solid white edge line that exists between the Traveled Way and the Shoulder. In the absence of a painted edge line, the Traveled Way width is assumed as 12 feet from centerline for all Corridor Priority 1 highways or 11 feet from centerline for Corridor Priorities 2 through 6, unless otherwise directed by MaineDOT. Ref. Appendix – Typical Cross Section Elements

Electric Supply Lines - Those wires, conductors, and cables used to transmit electric energy and its necessary supporting or containing structures, equipment, and apparatus used to provide public or private electric supply [NESC]. For the purposes of these rules, the term Electric Supply Lines includes transmission, distribution and Service lines.

Encasement - Structural element surrounding a Facility (Ref. “Casing”).

Excavation – Any operation involving the intentional displacement of earth, rock, or pavement surface within the limits of the Highway.

Facility - “Facilities” means: A) If under the surface of the Public Way, pipes, cables and Conduits; and B) If on or over the surface of the Public Way, poles, hydrants, cables, wires and any plant or equipment. [35-A MRS §2502] For the purposes of these rules, “Facility” shall also include wireless components and all components of a system not covered by the definition of Appurtenance.

Federal-Aid Highway Projects – As defined in the most current version of 23 CFR 645.

Financial Assurance – A Surety Bond, Letter of Credit or Escrow Account that is set up in the amount of the estimated Impact Value to provide MaineDOT with a mechanism to ensure that reparations to the Highway are completed in an appropriate manner. Financial Assurances are held for one year after the completion of work to ensure that no unforeseen settlement or other Pavement Structure distress occurs.

Flow Area - The strip of land that includes the full width of a ditch line, plus the bottom 2 feet of both the Inslope and Backslope. For example, a flat bottom ditch with a width of 2 feet results in a Flow Area width of 6 feet. Since a standard “V” ditch has no width, the Flow Area has a total width of 4 feet. Ref. Appendix – Typical Cross Section Elements

Freeway - The highest type of arterial Highway with full Controlled Access. Essential Freeway elements include: Medians, grade separations at cross streets, ramp connections for entrance to and exit from the Traveled Way, and, in some cases, frontage roads [AASHTO, A policy on Geometric Design of Highways and Streets]. Examples of Freeways in Maine include the Interstate system and the portion of Route 1 between Brunswick and Bath.

General Location - The location along a Highway to be occupied or crossed by a Proposed Installation. Descriptions of a General Location must include a distance from the center of an appropriate Reference Point to the beginning or end of the Proposed Installation, reference to the county and Municipality in which the Proposed Installation will be installed and the relevant Highway name(s) and route number(s) (as applicable).

Hazardous Transmittant - A substance or material which has been determined by the Federal Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. [49 CFR 121.8].

Highway - A Public Way including all of the Right-of-Way that may have been laid out by the State, county or town. [23 MRS §2 (2)] Ref. Appendix – Typical Cross Section Elements ; Syn: street, road

Highway Corridor Priority (HCP) – A highway classification system used by MaineDOT to classify all roadways in the state. The classification system has designations for Corridor Priorities 1 through 6, with Priority 1 corridors being the most critical.

Highway Opening Permit - A permit that authorizes making any underground installation as provided in chapter 23 (Title 35-A MRS) and Title 23, sections 54 and 3351 to 3359. [35-A MRS §2503 (14)]

Highway Structure - A general term referring to any part of the Highway that has been designed and constructed with structural considerations to serve a specific highway purpose. Included under this term are Bridges, retaining walls, major drainage structures (not including standard catch basins or culverts), street light poles, traffic signal poles, traffic strain poles, traffic signal mast arms, overhead sign trusses, and other similar structures.

Impact Value – An estimated value that provides a consistent basis for quantifying the extent and type of impact associated with a proposed Excavation within the limits of the Highway. This serves as a basis for calculating fees and for determining when an escrow, bond or letter of credit may become necessary.

Inslope - The graded slope between the Edge of Shoulder and the centerline of an adjacent ditch or the bottom of the slope. Ref. Appendix – Typical Cross Section Elements

Interstate - A Highway on the National System of Interstate and Defense Highways having Freeway characteristics.

Licensing Authority - "Licensing Authority" means: A) MaineDOT when the Public Way is a state, or state-aid Highway, except for state or state-aid Highways in the Compact Areas of urban compact municipalities as defined in Title 23, section 754; B) The municipal officers or their designees, when the Public Way is a city street or town way or a state or state-aid Highway in the compact areas of urban compact municipalities as defined in Title 23, section 754; and C) The county commissioners, for all other Public Ways. [35-A MRS §2502 (1)] MaineDOT is the Licensing Authority for Bridges and Controlled Access Highways, including those within Compact Areas, because of MaineDOT’s maintenance responsibility for these assets.

Light Capital Paving – A thin pavement overlay with minor shim in areas. This level of paving treatment is intended to be a holding action.

Location Permit - A permit that sets conditions for and authorizes the location of an Authorized Entity’s Facility within the Right-of-Way limits in accordance with 35-A MRS Chapter 25.

Median - The portion of a divided Highway separating the traveled ways for traffic in opposite directions.

MaineDOT - The State of Maine Department of Transportation.

MaineDOT Project - Any capital improvement of a transportation facility administered by or funded through the Maine Department of Transportation. This does not include maintenance activities.

Monopole Installations - Monopole Installations include any Microcell, Transport Facilities, Small Cell, and Distributed Antenna System technologies installed on Utility Pole Structures or self-supporting towers greater than 50 feet in height. Taller monopole installations ranging in height between 75 and 120 feet are typically constructed on large diameter concrete foundations.

Multiple Pole Lines - Two or more sets of Utility poles located along a Highway for the conveyance of transmission or distribution wires or cables, not including service lines.

Municipality - A city or town. [30-A MRS §2001 (8)]

National Highway System - Interconnected urban and rural principal arterials and highways (including toll facilities) that serve major population centers, international border crossings, ports, airports, public transportation facilities, other intermodal transportation facilities and other major travel destinations. These arterials and highways must meet national defense requirements; and serve interstate and interregional travel. All routes on the Interstate System are a part of the National Highway System [23 CFR 470]. The NHS Highways in the State of Maine are currently shown on the Map Viewer that is available on the MaineDOT website.

National Standards - Any standards that have been developed and adopted to apply throughout the United States to specifically address Facilities of a defined type. Specific examples include the USDOT Pipeline Safety Regulations and the NESC.

Out-of-Service Facility - A Facility or Appurtenance that is disconnected from the system and not intended to be used in the future by the operating Authorized Entity. Such Facilities may also be considered “abandoned” by the MPUC.

Pavement Overlay - A MaineDOT Project with a scope consisting of placing new pavement over an existing paved highway surface without realignment of any part of the centerline or additional widening. A “mill and fill” pavement overlay is similar but begins with a grinding operation to remove the old pavement surface before new pavement is placed.

Pavement Structure - The portion of the Highway specifically designed or designated to support vehicular travel including the full width of Traveled Way, the full width of adjacent Shoulders, and the area beyond the Edge of Shoulder to the limits of Subgrade. Ref. Appendix – Typical Cross Section Elements

Preliminary Engineering - The locating, making of surveys, soil and foundation investigations, and the preparation of plans, specifications and estimates in advance of construction operations.

Private Entity – A private organization or individual, other than a Utility, that owns, operates, controls and maintains Facilities for its own use.

Private Facility Exception License - A license from MaineDOT (formerly called a Letter of No Objection) that acknowledges a private Facility within the Highway limits and states that MaineDOT currently has no objection to the Facility being so located. There are no continuous rights conveyed with this license, and MaineDOT may require modification, relocation or complete removal of the private Facility and Appurtenances at any time. The private Facility owner bears all costs and risks relating to the Facility and Appurtenances and is liable for any damage the Facility or Appurtenances may cause.

Project Manager – The Department’s duly authorized representative for overall coordination of a project.

Proposed Installation - Facilities proposed to be constructed within a Highway, including future replacements, additions and associated services planned within the next five years to the extent that they are known by the applicant at the time of application.

Public Way - Any road capable of carrying motor vehicles, including, but not limited to, any state Highway, municipal road, county road, unincorporated territory road or other road dedicated to the public. [23 MRS §1903 (11)]

Railroad - "Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. [23 MRS §5001 (1)]

Railroad Company - Every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. [23 MRS §5001 (2)]

Recovery Area - The unobstructed portion of the Highway beyond the Edge of Traveled Way that is preserved to provide drivers of errant vehicles a reasonable opportunity to stop safely or otherwise regain control.

Reference Point - A point on the face of the earth that is easily identified on most street maps and on the ground or a point defined from MaineDOT’s inventory of roads, Bridge or node numbers. Acceptable examples of these include town lines, major intersections, major stream crossings, Railroad crossings, or Bridges.

Region – One of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules. A map of the current Region areas is available on the MaineDOT Utilities Website.

Region Engineer - The MaineDOT engineer assigned to one of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules.

Resident – The Department’s on-site representative.

Right-of-Way – (R/W) - Real property or interests therein, acquired, dedicated or reserved for the construction, operation and maintenance of a transportation facility and other related facilities.

Scenic Byway - A Highway having special scenic, historic, recreational, cultural, archeological, and/or natural qualities that have been recognized as such through legislation or some other official declaration. The terms State Scenic Byway, National Scenic Byway, or All-American Road are designations included under this general term. [FHWA Docket No. 95-15 & 23 M.R.S. §4206 (G)]

Service - A Facility that connects a single customer to a Utility distribution system or network.

Shoulder - That portion of the Highway contiguous with and adjacent to the traveled way that provides lateral support to base and surface courses and can support vehicles. Ref. Appendix – Typical Cross Section Elements

Sleeve - A larger pipe enclosing a Facility. Also see “Casing”.

Special Materials - A general term referring to any materials that have been designed specifically to treat special or unique conditions of the Highway. Included under this term are geotextiles, geofoams, lightweight fills, tire chips and other similar materials. This term is not intended to apply to any structures covered under the terms “Highway Structure” or “Pavement Structure”.

Specific Location Plan - A plan that indicates the location of Facilities and significant Appurtenances (such as manholes, vaults, and guys) along a Highway. The plan may or may not be drawn to scale, but must provide dimensions to accurately identify the location of a Proposed Installation. Longitudinal distances are provided between control points, bends, manholes, poles, and other similar features. Horizontal offset distances are provided from the centerline of the Traveled Way, nearest Edge of Traveled Way, nearest Edge of Shoulder, face of Curb, or other well defined, applicable reference points. Offsets are measured from the centerline of underground installations or to the Traveled Way side of aboveground installations. The Edge of Traveled Way, Right-of-Way lines (assumed or otherwise), and other pertinent Highway features shall also be indicated on this plan.

Subgrade - The graded portion of a Highway upon which the Pavement Structure is constructed to support vehicular travel. Subgrade exists as a plane located parallel to and at a specified depth below the surface of the Traveled Way. This plane extends horizontally, at the same cross-slope as the Traveled Way, to the intersection with the Inslope or the centerline of ditch, whichever is closer to the Traveled Way centerline. Where no ditch is present, the horizontal limit of Subgrade is one foot beyond the Edge of Shoulder or face of Curb. The depth of Subgrade from the centerline of the Traveled Way surface is based upon the design of the Pavement Structure. On Highways that lack a defined Subgrade or have a Subgrade of less than 12 inches below the bottom of the pavement layer, a minimum depth of 12 inches below the pavement layer will be used. Ref. Appendix – Typical Cross Section Elements

Traffic Control Plan (TCP) - A plan, prepared in accordance with the MUTCD, which indicates the type and placement of traffic control devices to be used around and within work areas on Public Ways. This plan shall meet the requirements of MaineDOT Standard Specification 652.3.3, Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control Plan may be designed and stamped by a Professional Engineer registered in the State of Maine, provided all other requirements of MaineDOT Standard Specification 652.3.3 are met. This plan must be based on actual site conditions and must clearly indicate the type, location and number of signs, the use of message or arrow boards, the use of police officers or flaggers, and any other information relating to maintaining the safe and efficient flow of traffic as required in MaineDOT Standard Specification 652.3.3.

Traveled Way (TW) - That portion of a Highway designated for the use of vehicular traffic excluding any Shoulders, sidewalks or parking spaces. Ref. Appendix – Typical Cross Section Elements

Trenchless Installation Methods - Any process through which a pipe, Casing or other Facility is installed underground without using an open cut. This term includes: tunneling, pipe jacking, microtunneling, pipe bursting, directional drilling, auger boring, guided boring, and pipe ramming.

Utilities Website - The website maintained by MaineDOT for the purpose of providing current data to Utilities.

Utility – For purposes of these rules, Utility consists of:

Public utilities that are regulated by the Maine Public Utilities Commission.

Such other entities authorized to locate their facilities in, upon, along, over, across or under the public ways of this State by Chapter 23 of Title 35-A of the Maine Revised Statutes, if such entities are providing services to the general public or to regulated Public Utilities.

These entities consist of every public or private entity that operates telephones or transmits television signals; that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; that makes, generates, sells, distributes and supplies gas or electricity; every water or sewer company, district or system owned or operated by a public or private entity; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35 (Title 35-A MRS); the University of Maine System, for purposes described in 35-A MRS §2301-A; and any other public or private entity engaged in telecommunications or the transmission of heat, or electricity. [35-A MRS §2501].

Utility Coordinator - The MaineDOT person responsible for coordinating Authorized Entity Facility locations or relocations.

Utility Pole – A single wooden pole that has a diameter no greater than 18”, and a circumference no greater than 56 ½”, at the installed ground level. When the generic term “pole” is used, Utility Poles shall be included.

Utility Pole Structure – Other pole structures of any size constructed of steel, concrete, laminated wood, composites, or other materials, and any wooden poles with diameter and circumference greater than 18” and 56½”, respectively, used to carry or support facilities that do not fit within the definition of a Utility Pole. When the generic term “pole” is used, Utility Pole Structures shall be included.

Vent - An Appurtenance to discharge gaseous emissions from a Casing.

Wireless Technology Facilities – Wireless Technology Facilities include, but are not limited to, a number of various wireless broadband transmission methods, such as, Microcell, Transport Facilities, Small Cell, and Distributed Antenna Systems, as well as any attendant support facilities such as fiber cable and electric power.

SECTION 5. LOCATION PERMITS

1. Location Permits Required/Not Required

A Utility may not construct new Facilities within the limits of a Highway without applying for and obtaining a Location Permit from the applicable Licensing Authority except as specified herein. [35-A MRS §2501, 23 CFR 645 Subpart B]. Private Entities may not apply for or obtain a Location Permit.

A. Location Permit Required

A Location Permit is required in each of the following circumstances:

(1) New Facilities

All new Facilities except as specifically exempted in Section 5(1)(B), Location Permit Not Required ;

(2) Certain Facilities Within Compact Areas

Although municipalities are the Licensing Authority for state and state-aid highways within urban Compact Areas and along local roads, the following situations require separate permitting through MaineDOT. MaineDOT will coordinate with Compact Area municipalities in these situations particularly with regard to municipal planning, historic districts and character, including any locally adopted ordinances that establish aesthetic requirements for Monopole, Utility Pole Structure or tower installation:

New or relocated Facilities within the limits of a Controlled Access state or state-aid Highway;

New or relocated Facilities within the Highway Right-Of-Way installed on, under or within 25’ of a state-maintained Bridge. State-maintained bridges may exist on state or state-aid Highways or on local roads and can be viewed on the MaineDOT Map Viewer, located on MaineDOT’s website;

Any proposed Monopole Installation, Utility Pole Structure or tower proposed within the limits of a state or state-aid highway.

(3) Facilities Around Bridges

In addition to the bridges within Compact Areas described above, all new or relocated facilities installed on, under or within 25’ of state maintained Bridges outside of Compact Areas. State maintained bridges may be found on the state or state-aid system, or on Town Rights-Of -Way. State maintained bridges may be viewed on the MaineDOT Map Viewer;

(4) Replacement Poles and Underground Facilities

Replacement of the following, regardless of whether those Facilities were previously permitted or deemed legal structures in accordance with 35-A MRS §2309:

Replacement of any Utility Pole Structure(s);

Replacement of more than 5 Utility Poles located within 5 miles of each other along the same highway corridor within the same year, or

Replacement of more than 150 feet of underground Facilities.

For the purposes of this Section, Facilities that exceed these limits are hereby considered new Facilities and not “replacements” or “additions” under 35-A MRS §2503 (9).

(5) System Components

Installation of cabinets, transformers or other similar system components that are mounted on pads or multiple poles, not to include standard pedestals or those that are supported on an existing, single pole. Replacement of such Facilities requires permitting only if the existing supporting pad or poles are to be replaced.

(6) Facilities Damaged by Vehicles

Replacement of any aboveground Facility or Appurtenance resulting from damage caused by a vehicle two or more times within the past 12 months.

B. Location Permit Not Required

A Location Permit is not required in the following circumstances, providing the Facility or Appurtenance being installed meets the standards defined herein unless otherwise specified. Where an exception is required, an application shall be submitted in accordance with Section 5(2), Application Process .

(1) Attaching Wires, Cables and Appurtenances

Attaching additional wires, cables or Appurtenances to existing poles, providing the Utility making such attachment has permitted or legally located Facilities under 35-A MRS §2309 upon all of the same poles.

(2) Services

Services, as defined in 35-A MRS §2503 (10);

(3) Replacement Utility Poles and Underground Facilities

Replacement of up to 5 Utility Poles within 5 miles of each other along the same highway corridor within the same year, or replacement of up to 150 feet of underground Facilities within the location tolerance as specified in Section 5(4), Installation in Conformance with a Location Permit, with respect to the original location of the Facilities being replaced. Utility Poles replaced under this Section are not required to meet the corridor offsets as specified in Section 11(2)(C), Minimum Corridor Offsets for Utility Poles . Utilities shall not replace Facilities in greater amounts than authorized herein by dividing projects with one primary engineering purpose into multiple, smaller projects.

(4) Existing Conduit

New wires or cables in existing conduit that is either permitted or legally located under 35-A MRS §2309;

(5) Emergency Replacements

Replacement of Facilities that present an immediate hazard or are needed to restore utility service, providing after-the-fact permitting occurs within 60 days when required;

C. Highway Opening Permits

Applicants are advised that, depending upon the type of installation proposed, a separate Highway Opening Permit might also be required from the applicable Licensing Authority.

2. Application Process [35-A MRS Chapter 25]

This Section outlines the application procedures for Location Permits on all Highways and Bridges for which the Maine Department of Transportation is the Licensing Authority. There are two processes available to obtain these Location Permits: Statutory Application Process and the Permit-By-Rule process that was established for certain Utility Pole and attachment installations. MaineDOT reserves the right to require additional information on any applications as necessary.

A. Statutory Application Process [35-A MRS §2503]

The Statutory Application Process may be used by all Utilities to apply for a Location Permit.

(1) Submission Requirements

To obtain a Location Permit through the statutory application process, a Utility or authorized agent must first submit a completed application to MaineDOT that includes each of the components listed below. A single application may include multiple Facilities of the same type, provided the general and specific location of each Facility is clearly noted on the application and the Facilities are located along the same road or route, within adjacent towns.

(a) Completed Application Form(s): A blank application form is available on the Utilities Website. Applications shall provide the following information:

(i) Description of the General Location: The description of the General Location shall be as defined in Section 4, Definitions. Alternatively, if the Proposed Installation involves only attachment to existing poles and a permit is required, the description may simply reference the MaineDOT Location Permit number issued to the owner of the poles.

(ii) Description of the Proposed Installation: The description of the Proposed Installation shall be as defined in Section 4, Definitions, and shall include, as appropriate, the type of installation, the size of pipes, the number and kind of poles, voltage and number of phases, and the number of cables, anchors and guys. This Section is not intended to limit future additions as authorized by Section 5(1)(B)(1), Attaching Wires, Cables and Appurtenances.

(iii) Minimum Depth Below / Height Above Ground: The minimum Cover for underground Facilities or the minimum height above the Highway surface for aerial wires and cables.

(iv) Maximum Operating Pressures: The maximum operating pressure must be stated for pressurized pipelines

(v) Statement of Intent to Publish [35-A MRS §2503 (2,3,4)]: If a Proposed Installation involves the construction of Electric Supply Lines carrying over 50,000 volts (phase to ground) or the installation of a cabinet, transformer(s) or other similar structure(s) mounted upon a pad or multiple poles, public notice is required. Otherwise, public notice of a Proposed Installation is at the applicant’s option. If published, the applicant shall include the text of the application at least one time in a newspaper circulated within the Municipality (or Municipalities) where the Proposed Installation is located. The publication shall include a statement informing any person owning property that abuts the applicable Public Way of their right to file a written objection with the Licensing Authority within 14 days after publication. Evidence of publication shall be submitted to MaineDOT before a permit can be issued. If not published, the application will be processed and objections filed in accordance with 35A MRS §2503 (3). Objections received in this manner could result in the applicant being required to relocate the Facility and all Appurtenances at its expense.

(vi) Owner's Signature: The owner or operator of the Proposed Installation must sign the application. Any person signing on behalf of the owner or operator must provide evidence of authorization to sign.

(vii) Construction by Others: If a Proposed Installation is to be constructed by a person or entity other than a Utility, that person or entity shall include a signed letter with the application acknowledging complete responsibility for the Proposed Installation until such time as the Facility is conveyed to a Utility. In no case shall a Proposed Installation constructed by others be connected to a Utility system or network prior to such conveyance unless otherwise permitted.

Applications submitted in this manner shall be signed by the Utility to indicate its agreement with the location of the proposed Facility and its intent to accept the Facility upon completion of construction. If a Location Permit is issued, it will include a special condition acknowledging construction by a non-Utility.

(b) Specific Location Plan(s): The Specific Location Plan must conform to the definition in Section 4, Definitions. A separate Specific Location Plan shall be submitted for each proposed Facility. Specific Location Plans shall be submitted on standard letter, legal size or 11-inch by 17-inch sheets (for archive purposes) with no more than two Highways being shown on one sheet.

If the Proposed Installation involves wire attachment to existing poles and a permit is required, the plan may simply locate the starting and ending points in relation to any of the major features indicated in the General Location. Offsets to existing poles are not necessary in this situation.

Similarly, If the Proposed Installation involves sporadic attachments to existing poles that are located along a single corridor, within adjacent towns, the plan may simply locate the starting and ending points and include a list of the poles and corresponding coordinates that are associated with the application. Offsets to the existing poles are not necessary.

(c) General Location Map: For each Proposed Installation, the Utility must submit an accurate area map. Examples include MaineDOT Map Viewer plan available on the MaineDOT website, MaineDOT Highway plan or U.S.G.S. quadrangle.

(d) Supporting Data: All applications must also contain statements that clearly indicate the following:

(i) Whether joint use or ownership of the Facility is anticipated within a year of the date of initial installation.

If the Proposed Installation involves attachment to the poles of another Utility, a copy of the lease or agreement showing evidence of the right to occupy the poles shall be included with the application. Alternatively, the application may also be signed by the Utility that owns the poles.

(ii) Whether there are any existing Facilities of others located within the minimum clearance offset specified in Section 9(1)(I), Clearance Between Facilities;

(iii) That a copy of the application has been submitted to the municipal clerk of each Municipality or the clerk of the County Commissioners in the case of unorganized townships where the Facility is located; and

(iv) The name, address and telephone number of a person who will be available to answer questions regarding the application and to review the Proposed Installation on-site.

(e) Special Materials: If any part of the Proposed Installation is to be made within an area constructed with Special Materials the application must include plans showing the location, method of construction, clearances and other data pertinent to how the Proposed Installation may impact those areas.

(f) Attachment to MaineDOT Highway Structures: If any part of the proposed installation of Facility is within 25 feet of a Bridge or proposed to be attached to a Bridge or other Highway Structure, the application must include plans showing the location, method of construction, clearances and other data pertinent to the Proposed Installation. Please refer to Section 11(1)(C), Use of Existing Department Poles or Structures for additional information regarding attachments to MaineDOT Poles or Structures.

(g) Traffic Control Plan: Any work proposed within the limits of a Freeway shall include a Traffic Control Plan as defined in Section 4, Definitions. Specific requirements are further described within Section 7(7)(B), Freeways .

(2) Processing

The application shall be submitted to MaineDOT at the address provided on the application form. A complete copy shall also be submitted to the municipal clerk of the Municipality or the clerk of the county commissioners in the case of unorganized townships where the Facility is located. The application will be reviewed with primary consideration given to the standards defined within this rule; however, specific site conditions, proposed work in the same General Location, public comments, or other concerns of MaineDOT will also be considered. Permits will normally be processed within 30 Days; however, up to 60 Days is permissible. [35-A MRS §2503 (19)]

(3) Completion Confirmation

Upon completion of its review of the application, MaineDOT will send the Utility a Completion Confirmation Form along with an approved Location Permit with conditions if applicable. Upon completion of the installation of a permitted Facility, the Utility shall return the completed form to MaineDOT, stating that all work has been completed in accordance with the specified permit. If field modifications were necessary or the scope of the original project was reduced, amended sketch plans from the original permit shall be submitted to indicate the changes. If field changes beyond the tolerance specified in Section 5(4), Installation in Conformance with a Location Permit , were necessary, the name of the MaineDOT representative and the date of all applicable approvals shall be indicated on the form. All amendments submitted as described above shall be deemed accepted by the MaineDOT unless MaineDOT notifies the Utility otherwise within 60 days of receipt.

B. Facility Locations or Relocations Authorized Through MaineDOT Projects

Locations or relocations of Facilities authorized through MaineDOT Projects are permitted through the coordination process that occurs in the Preliminary Engineering phase of a MaineDOT Project. Through this process, the Utility Coordinator and a representative from the Utility work together to determine the best location for the proposed or relocated Facilities. The Utility then designs its Facilities and Appurtenances in accordance with the accommodation standards defined within these rules or as otherwise authorized by MaineDOT. Once all available information regarding the new location of the Facilities is submitted to and accepted by MaineDOT, a Location Permit for the relocated facilities will be issued to reflect the change and to evidence the legality of the new location. This paragraph shall only apply to Facilities that must be relocated because of the MaineDOT Project. New Facilities (not replacement Facilities) must be permitted as otherwise described herein. [35-A MRS §2503 (8)]

C. Permit-By-Rule (PBR)

(1) Applicability

The Permit-By-Rule process is not available within Freeways, Controlled Access corridors or Scenic Byways.

Pursuant to 35-A MRS §2503(8), the PBR rules do not apply to the following:

relocation of facilities when the relocation is required because of the construction, reconstruction or relocation of the roadway;

Utility Pole Structures or any other type of pole requiring reinforcing foundations along or adjacent to the pole base regardless of foundation material type;

any pole line carrying over 50 kV;

any poles or wires that do not meet all of the requirements defined in Section 11, Aboveground Installations (e.g. substandard spacing/clearances, replacement poles proposed to be closer to the road, poles not meeting minimum offsets, etc.);

poles that exist at greater offsets in accordance with Section 11(2)(C), Minimum Corridor Offsets for Utility Poles ;

or any officially designated historic districts or areas regardless of Compact Area status.

When utilizing the Permit-By-Rule process, Utilities remain subject to all of the responsibilities and liabilities set forth in 35-A M.R.S. §2503 as specified herein.

(2) Utility Options, Responsibilities and Liability

(a) Authorization: In cases where a Utility is required to obtain a written location permit to install Utility Poles, wires, wireless facility attachments and/or other authorized attachments as defined herein, a Utility, at its option, may utilize the Permit-By-Rule process rather than the Statutory Application. Facilities properly installed pursuant to these rules are legal structures within the meaning of 35-A M.R.S. §2503(16).

(b) Utility Responsibilities / Liability: To qualify for the PBR process, the Utility must submit sufficient documentation to demonstrate compliance with this rule. If sufficient documentation is not submitted in the form and manner required by this rule, then the automatic approval procedure set forth in Section 5(2)(C)(5), PBR Processing , will not apply.

The Utility shall be fully responsible for the design, construction, maintenance and operation of its facilities and, to the extent provided by 35-A M.R.S. §2503(6), for any damages resulting from the Utility's negligence in the installation or maintenance of said facilities and its appurtenances.

The Utility shall be fully responsible for moving or removing a facility installed in violation of this rule and all associated costs.

(3) MaineDOT Options and Responsibilities

(a) Imposition of Stricter Design Standards: Before the date of automatic approval as set forth in Section 5(2)(C)(5), PBR Processing , the Department may require that such a Facility meet additional and/or more stringent design standards than those contained in this rule, including greater pole offsets, when the Department determines that such standards are in the best interests of public safety.

(4) General Application Submission Requirements

To receive a permit using the PBR process, a Utility must submit the PBR application package to the applicable MaineDOT Region Office. The application package shall conform to the requirements of Section 5(2)(A)(1), Submission Requirements, and shall indicate that the PBR process is to be used.

(5) PBR Processing

PBR applications are automatically approved within the time frames indicated below and in accordance with this rule.

(a) Projects Involving 10 or Fewer Utility Poles, Wires, and/or Wireless Facility Attachments: If the Utility is not notified of any objections by MaineDOT within fourteen (14) days from the date of receipt of a properly filed PBR application, then the application is automatically deemed approved and the permit is automatically issued without any further notification from MaineDOT for projects involving 10 or fewer Utility Poles.

(b) Projects Involving More Than 10 Utility Poles, Wires, and/or Wireless Facility Attachments: If the Utility is not notified of any objections by MaineDOT within thirty (30) days from the date of receipt of a properly filed PBR application, then the proposed facility location is automatically deemed approved and the permit is automatically issued without any further notification from the Department for projects involving more than 10 Utility Poles.

(c) Division of Projects Prohibited: Utilities shall not divide projects having one primary engineering purpose and more than 10 Utility Poles into multiple projects involving 10 or fewer Utility Poles.

D. Additional Process for Significant Facility Installations

(1) Evidence of Coordination with Adjacent Utilities

In addition to the applicable application process described in Sections 5(2)(A), Statutory Application Process , and 5(2)(C), Permit By Rule, Proposed Installations involving underground Facilities of at least 500 feet in length (excluding new or replacement wires or cables within existing Encasement) or the installation of 25 or more Utility Poles require evidence of coordination with at least one representative from every Utility having existing or Proposed Installations within the General Location. Coordination may occur individually with each Utility or through Coordination Meeting(s). Notice of Coordination Meetings will be provided by the entity proposing a new project at least one week in advance of the actual meeting date. A reasonable effort shall be made to assure the availability of as many attendees as possible. Additional evidence submitted with the Location Permit application shall include:

(a) Identification of all known Utilities having existing or Proposed Installations in the General Location,

(b) The name and telephone number of each individual associated with each of the Utilities identified in subparagraph (a) above,

(c) Identification of any major concerns expressed by the other Utilities and how each concern will be addressed.

The form which should be used to confirm this coordination is located on MaineDOT’s Utility website as part of the Location Permit application.

(2) Copy of Permit Application to ConnectME Authority

When a Utility proposes any underground installation of at least 500 feet in length, a copy of the permit application shall be submitted to ConnectME Authority by the Utility in accordance with 35-A MRS §2503, sub§2. When such work is associated with a MaineDOT project, this notification is not required by the utility as notice of the project has already been provided through MaineDOT’s Work Plan.

E. Field Layout for Utility Poles and Utility Pole Structures

Each pole being permitted shall be staked in the field and numbered in such a manner that the numbering is visible from the shoulder of the road. The pole numbers presented on the permit application sketch shall match the pole numbering used in the field.

3. Lapse of Permit

Permits granted pursuant to these rules shall expire if substantial construction of the Proposed Installation is not commenced within 12 months of the permit date or if construction work is suspended for one or more entire Construction Seasons.

4. Installation in Conformance with a Location Permit

As determined by MaineDOT through its application review process, specific permits may include requirements beyond the minimum standards stated within these rules to the extent necessary to protect the traveling public, minimize conflicts or ensure the efficient use of the Highway corridor. Proposed Installations or replacements shall be installed as permitted. If changes beyond the offset tolerance of the permit become necessary, the Utility shall notify MaineDOT to request permission to amend the application or, if a permit has already been issued, request that MaineDOT amend the permit.

Unless otherwise specified in the permit, field changes are considered to be within the horizontal offset tolerance of the permit provided they comply with all of the following:

A. The offset of the modified location of aboveground Facilities is within 10 feet of the permitted location and no closer to the Highway, or the offset of the modified location of underground Facilities is within 18 inches of the permitted location;

B. The modified location does not conflict with any existing Facilities, Appurtenances, Highway features (i.e. sidewalks, drainage pipes, Curb, entrances, etc.), or other Proposed Installations within the Highway; and

C. The modified location otherwise complies with all standards defined in these rules.

5. Unauthorized or Non-Compliant Facilities

Any Facility installed within the Highway limits that are not in compliance with the terms of its Location Permit, 35-A MRS Chapter 23, 35-A MRS Chapter 25, or these rules, will be considered an Unauthorized or Non-Compliant Facility. As such, that Facility cannot legally remain within the Highway limits unless the location is otherwise authorized by deed or easement. Within 5 days’ notice from MaineDOT, the entity owning or operating the Unauthorized or Non-Compliant Facility must correct any violations of the Location Permit or applicable rules herein. If the Utility fails to correct the violations of its Location Permit, MaineDOT may revoke the existing Location Permit and require removal of the Facility and all Appurtenances.

6. Private Facilities

Since private Facilities located within the Highway limits reduce the available Right-of-Way for public use, there are greater restrictions placed upon them. Upon receipt of a complete application from a Private Entity and with consideration of the standards provided herein, MaineDOT may, but is not required to, issue a Private Facility Exception License to permit a private Facility to exist within the limits of the Highway. Said permit shall be valid only if it does not interfere with the Highway, its maintenance or any of its uses.

If MaineDOT determines in its sole discretion that the private Facility interferes with Highway use and/or maintenance, it can order the private owner to remove the Facility in a manner acceptable to MaineDOT. The Facility owner shall bear all costs relating to the Facility and any Appurtenances including installation, relocation, adjustment and removal. Owning a private Facility within the Highway limits does not guarantee continued use.

Note that Municipalities construct, own and are responsible for the maintenance of their facilities, for example, conduit systems for ornamental lighting or elimination of aerial electric lines. Municipal facilities such as conduit systems for lighting shall not be considered “Private Facilities” for the purposes of this section. All other requirements for facilities in State and State-Aid Rights-Of-Way shall apply as appropriate.

A. Application

Applications for Private Facility Exception Licenses may be obtained from the Utilities Website and shall include any applicable information as specified in Section 5(2)(A)(1), Submission Requirements . First-time applicants are encouraged to contact MaineDOT to review the application requirements. In instances where a private Facility or Appurtenance is proposed in a Highway in front of property not owned by the applicant, a letter from that abutting property owner stating no objection to the proposed installation shall accompany the application. (Note: A Facility is deemed “in front of” a parcel of property whenever it is located between the centerline of the Traveled Way and the Right of Way line adjacent to the subject parcel).

B. Crossings

Private Facilities, not directly connected to a Utility distribution system or network or having characteristics that are not detrimental to the highway, will normally be authorized to cross Highways, providing all applicable standards are met as well as any special requirements specified by MaineDOT.

C. Longitudinal Installations

Private installations parallel to and within the limits of the Highway will not normally be authorized. However, where a proposed installation is less than 500 feet in length, MaineDOT will consider each application on a case-by-case basis.

SECTION 6. HIGHWAY OPENING PERMITS

1. Highway Opening Permits Required

A person, entity or Utility may not perform an Excavation within the limits of a state or state-aid Highway without applying for and obtaining a Highway Opening Permit, except as otherwise specified below. Any person, entity or Utility that performs an excavation without obtaining a permit in accordance with these rules shall pay the full Impact Value of the excavated area within the Highway limits.

A. Highway Opening Permit Not Required

A Highway Opening Permit is not required in the following circumstances:

(1) Installation of Utility Poles that are in compliance with this rule

(2)Installation of Facilities authorized as part of a MaineDOT Project

(3)Installation of Facilities authorized through a MaineDOT Traffic Movement Permit and associated agreement

(4)Emergency repair of Facilities that present an immediate hazard or are needed to restore utility service, providing after-the-fact permitting occurs within 3 working days.

B. Location Permits

Applicants are advised that, depending upon the type of installation proposed, a separate Location Permit as described in the previous Section 5 , Location Permits, may also be required.

2. Application Process

This Section outlines the application procedures for Highway Opening Permits on all Highways and Bridges for which the Maine Department of Transportation is the Licensing Authority [35-A MRS §2501]. MaineDOT reserves the right to require additional information on any applications as necessary. All applications shall be made on the most current forms supplied by the MaineDOT through any of its Region offices or from the MaineDOT website.

A. Submission Requirements

To obtain a Highway Opening Permit, a completed application including each of the components listed below, must be submitted to the applicable MaineDOT Region office.

(1) Completed Application Form(s)

A blank application form is available on MaineDOT’s website. Applications shall provide the following information:

(a) Applicant Information: The name and contact information of the applicant.

(b) Primary Contact Information: The name and contact information of a designated primary contact, if not the same as the applicant.

(c) Proposed Work Information: The location details, purpose and type of work being proposed; the schedule of work; the name of the contractor that will be used; whether a Funding Agency Addendum is applicable; and, the level of coordination that has occurred with other nearby utilities.

Steel plates will not normally be authorized to cover trench excavations within or adjacent to the travel lanes, however, in instances where steel plates may be specifically permitted, a sketch plan stamped by a licensed professional engineer shall be provided. The sketch shall provide detailed dimensions of the maximum allowable excavation, any shoring or trench box requirements, minimum steel cover plate thickness, length and width, and any other construction element necessary to provide a covered trench that is safe for the traveling public.

(d) Impact & Fee Information: The estimated amount and type of area to be impacted, in addition to the associated Impact Value and fee.

(e) Applicant's signature: The applicant must sign the application. Any person signing on behalf of the applicant must provide evidence of authorization to sign.

(2) Specific Location Plan(s)

The Specific Location Plan (Aka “Sketch Plan”) shall be as defined in Section 4, Definitions and as described in Section 5(2)(A)(1)(b), Specific Location Plans . If the proposed work requires a Location Permit, the same Specific Location Plan may be used.

(3) General Location Map

The application must provide an accurate area map. Examples include MaineDOT Map Viewer plan available on the MaineDOT website, MaineDOT Highway plan or U.S.G.S. quadrangle.

(4) Traffic Control Plan

Any work proposed within the limits of a Freeway shall include a Traffic Control Plan as defined in Section 4, Definitions. Specific requirements are further described within Section 7(7)(B) , Freeways. In addition, MaineDOT may require a Traffic Control Plan for any other specific corridor where the type of work, timing of work, or corridor conditions create a higher level of concern for mobility or safety.

(5) Permit Fee

Every application shall be accompanied by a check in the amount of 10% of the estimated Impact Value (the “Permit Fee”). The check shall be made out to “Treasurer, State of Maine” and is non-refundable. If the actual work accomplished has impacted an area that is different from the area used to arrive at the estimated amounts, the fee will be adjusted accordingly and the permittee will either be billed for or refunded the difference. In general, there is no Permit Fee if an installation is made immediately before or during a MaineDOT Project that significantly improves the highway (for example, a rehabilitation project, reconstruction project or other project as determined by MaineDOT in its sole discretion).

(6) Special Opening Permit

In instances where the area of the work exceeds the estimated Impact Value limits specified in the Highway Opening Application, application shall also be made for a Special Opening Permit. Under this Special Opening Permit, a method of Financial Assurance, as requested by the applicant and approved by MaineDOT, shall be established and the 10% Permit Fee will either be provided up front (in the case of a Letter of Credit or Surety Bond) or will be withheld from the final account close-out (in the case of an Escrow Account). The use of a Surety Bond may be limited or restricted by MaineDOT, depending upon the applicant’s prior history of Highway Openings with MaineDOT or the nature of the work involved. The Financial Assurance will be held until one year after satisfactory completion of work. A Special Opening Permit will not be required when an applicant is authorized to utilize the Funding Agency Addendum.

B. Processing

The permit application package shall be submitted to MaineDOT at the address provided on the application form. The application will be reviewed with primary consideration given to the standards defined within this rule; however, specific site conditions, proposed work in the same General Location, public comments, or other concerns of MaineDOT may also affect the terms and conditions of the permit. Permits will normally be processed within 30 Days of receipt of a complete application package.

3. Pavement Moratorium

Highway Opening Applications that propose to impact the travel lanes of any recently repaved, rehabilitated, or reconstructed Highway will normally be denied within the time frames specified below:

A. Light Capital Paving (LCP): No moratorium.

B. All other paving overlays of 5/8 inch or more or any “mill and fill” project: 3 years

C. Any construction work of higher order than an overlay, including new or full construction, reclaiming, “foamed asphalt”, and other forms of rehabilitation, such as partial reconstruction or using recycled asphalt pavement (PMRAP): 5 years

If the applicant can show that the need for an opening permit could not have been anticipated before the highway was paved and that it has made an effort to investigate alternative installation procedures, MaineDOT may elect to consider an Exception in accordance with Section 14, Exceptions and Appeals. In the case where an exception is granted, MaineDOT will normally require a higher standard of repair as shown on the Pavement and Trench Restoration Details in the Appendix. MaineDOT may additionally increase the 10% permit fee.

4. Traffic Control

All traffic control shall be conducted in accordance with the most recently approved version of the MUTCD. Unless otherwise specifically approved as part of an overall Traffic Control Plan, a minimum of one lane of traffic shall be maintained at all times. All work zones shall have the appropriate signing and traffic control officers (flaggers) shall be supplied as necessary.

5. Construction Requirements

In addition to the applicable requirements specified within this rule and as specifically detailed in Section 9, General Facility Location Requirements, and Section 10, Underground Installations, permittees are advised of the following standard permit conditions:

A. Standard Specifications

Unless otherwise specified in the permit conditions, all work shall be conducted in accordance with the most recent version of MaineDOT’s Standard Specifications.

B. Minimize Disturbance

All work shall be conducted in a manner to minimize excavation and destruction of pavement to the extent practicable considering the specifically permitted location.

C. Compliance with Laws

In accordance with Section 10, Underground Installations, all work shall be conducted in compliance with all local, state and federal laws. The permittee is specifically advised that all trenching operations shall be in compliance with current OSHA regulations, all traffic control shall be in compliance with the MUTCD (see Section 6(4), Traffic Control , above), any work impacting facilities covered by ADA must meet all current applicable requirements of ADA, and all excavations shall follow Maine’s requirements for the Protection of Underground Facilities [23 MRS §3360-A] as administered through MPUC and reported to Dig Safe^® System, Inc., and each Utility using OKTODIG.

D. Backfill

Backfill material shall be equivalent to material removed, except that special Backfill of suitable material may be used immediately around pipe, cable, conduit, etc. or to replace material that cannot be compacted. The twelve (12) inches located immediately below the pavement layer, or the full depth of gravel base in more recently constructed highways which is typically greater than 12 inches, shall conform to the Department's gravel base specifications.

When crushed stone is utilized as bedding or backfill under paved areas, an approved geotextile shall be used to minimize the migration of fine soils.

E. Compaction

Backfill material shall be uniformly distributed in layers of not more than 8 inches and thoroughly compacted by use of approved mechanical compactors before successive layers are placed. Water shall be added when necessary to increase the moisture content of the Backfill material to obtain adequate compaction. Puddling or jetting of Backfill will not be allowed.

F. Surplus Materials

All surplus materials shall be removed from the site and the area shall be left in a clean, presentable condition.

G. Pavement Cuts

Installations proposed to be made under paved areas shall be designed to use the shortest possible distance under the pavement consistent with the particular installation involved. Pavements shall be cut in advance along the proposed edges of excavation. Prior to permanent pavement restoration, trench edges shall be recut to one foot beyond the original trench cut and pavement shall be replaced to the full depth and extent of the existing pavement that was removed.

H. Work Times

Work shall normally be accomplished during the daylight hours of weekdays and within the time frames specified in the permit. Work proposed on Saturdays, Sundays, holidays, or at night must be specifically approved by MaineDOT.No work will be granted outside of the paving zone dates specified in MaineDOT’s most recent version of Standard Specifications unless the location of the facility or the method of installation does not impact pavement. When an emergency opening or exception work must occur outside of the paving dates, MaineDOT will require more stringent winter conditions and the permit holder shall provide temporary paving, and maintain the trench throughout the winter months, until the frost is out of the ground.

I. Work in Advance of a MaineDOT Project

Although an opening fee may not be charged when MaineDOT determines that a qualifying Project will commence shortly after work has occurred, the permittee will be required to cap any trenches in paved areas with 3 inches of bituminous pavement and this work will be subject to the project contract specifications. The permittee shall be responsible for maintaining the trench area until such time that the roadway falls under jurisdiction of the project contractor.

6. Inspection

All work performed within the Highway limits will be subject to periodic inspection by MaineDOT. In addition, and at MaineDOT’s discretion, a dedicated MaineDOT or third party inspector may be assigned to oversee any specific projects or work activities to ensure that the state’s interests are sufficiently protected. All costs associated with this inspection shall be borne by the permittee, over and above the permit fee.

7. Funding Agency Addendum

Upon written notice from the Department of Environmental Protection; Department of Human Services Drinking Water Program; Department of Economic and Community Development; or USDA, Rural Development (“Funding Agencies”) that a project is funded, in whole or in part, by them and subject to their control and approval, the following requirements shall apply:

The Funding Agency shall ensure that the calculated Permit Fee is submitted with the application in lieu of establishing a Financial Assurance.

The Funding Agency’s contract documents shall contain a requirement that a pre-construction video survey of the roadway work area be completed and submitted to MaineDOT before work commences.

The Funding Agency’s contract documents shall contain a requirement that all work must be to the satisfaction of MaineDOT following a final inspection by MaineDOT representatives before final payment to the contractor is made by the Funding Agency.

All applicable roadway rehabilitation and traffic control requirements contained herein shall be incorporated in the Funding Agency’s bid documents.

The Funding Agency shall ensure that all work is properly inspected to make certain that the work is done in conformance with the project specifications and requirements herein. This inspection may be in the form of direct Funding Agency supervision or through the services of a third-party inspector working under the supervision of a Professional Engineer. If the MaineDOT determines that the inspection of the work in the roadway is inadequate, MaineDOT may provide or require inspection in accordance with Section 6(6), Inspection .

All roadway rehabilitation work shall be guaranteed for one full year from substantial completion of the project. The Funding Agency shall ensure that any corrective measures necessary during this warranty period are adequately addressed.

The Permit Fee will be refunded if an overlay, consisting of hot bituminous pavement over the entire paved roadway width, is provided after the installation has undergone at least one winter season and within 1 calendar year of project completion. This overlay shall consist of ¾-inch minimum thickness hot mix asphalt (HMA) pavement surface mixture, current MaineDOT Standard Specifications HMA 9.5mm/0.375 inch HMA fine. Shimming before overlay may be required depending on the condition of the surface to be paved.

8. Failure to Meet Permit Requirements

If MaineDOT determines that work is being conducted in an improper manner, MaineDOT will notify the permittee, both verbally and in writing, of the deficiency (or deficiencies) and may also require additional actions to correct and/or verify work that has been accomplished. Examples of such actions may include:

A. Requiring the permittee to retain the inspection services of an engineering firm in accordance with Section 6(6), Inspection .

B. Re-excavating and backfilling questionable or deficient areas as may be necessary, or

C. Cleaning areas that were not properly addressed

If the permittee does not undertake the required corrective actions, MaineDOT reserves the right to correct the issues as necessary and the permittee shall be responsible for all associated costs. The permittee is also advised that failure to meet any permit requirements may result in revocation of the permit.

SECTION 7. FACILITY MAINTENANCE OBLIGATIONS

This Section outlines the requirements for all Authorized Entities having Facilities that are either permitted, licensed or deemed legal structures within the limits of state or state-aid Highways or attached to Bridge structures. These requirements are applicable to all new and existing Facilities and Appurtenances.

1. Maintenance of Facilities

Every Authorized Entity is responsible for keeping its Facilities and Appurtenances sufficiently maintained so as not to degrade the integrity of the Highway or reduce the overall level of safety. Any deficiencies in a Facility or Appurtenance that create a potential hazard to the Highway users or maintenance crews shall be promptly corrected upon notice from MaineDOT at the sole expense of the Authorized Entity.

When MaineDOT requires the relocation of any Facility or Appurtenance, the Authorized Entity responsible for the Facility or Appurtenance shall perform the relocation work at its sole expense. Maine Constitution Article IX, §19, as interpreted by the Maine Supreme Court, prohibits the use of transportation funds to pay for relocation of any Utility Facilities or Appurtenances. See for example, Opinion of the Justices, 152 Me. 449 and First National Bank of Boston, et al, v. Maine Turnpike Authority, et al., 153 Me. 131.

2. Records, Locating Facilities and Utility Coordination

Every Authorized Entity is responsible for maintaining records regarding the following:

A. The Highway and Municipality where each Facility is located,

B. Evidence of all applicable permits, easements, deeds, or other applicable rights for any Facilities and Appurtenances within the limits of the Highway,

C. The specific installed location of underground Facilities and Appurtenances within the limits of the Highway.

D. The name and contact information of any entities using shared Facilities

Authorized Entities not having the records specified above shall be responsible for obtaining that information for MaineDOT to the extent requested by MaineDOT for MaineDOT activities.

Authorized Entities are responsible for marking the location of underground facilities and Appurtenances at the request of MaineDOT prior to survey or other preliminary engineering or maintenance activities to ensure the location of these Facilities and Appurtenances is properly considered. This activity may include the use of test pits to locate underground Facilities. All location activities, including, but not limited to, marking locations or test pits shall be performed at the sole expense of the Authorized Entity.

When given reasonable notice, all Authorized Entities having Facilities within a proposed transportation project corridor shall participate in Utility coordination meetings conducted in preparation for MaineDOT project design. Details of the MaineDOT Utility Coordination Process may be found on the MaineDOT Utilities Website.

3. Services

Each Utility is responsible for acquiring permits in accordance with Section 5, Location Permits and Section 6, Highway Opening Permits, and ensuring proper adjustment, relocation or repair of any portion of a Service that is located within the Right-Of-Way limits of the Highway and connected to that Utility’s distribution system or network.

4. Out-of-Service Facilities

All Facilities and Appurtenances taken out of service and located either aboveground or attached to Highway Structures shall be removed within 60 days of their last use. If a Utility is required to obtain MPUC approval, the Facilities and Appurtenances may be removed within 60 days of the granting of the approval, providing the process is initiated within 60 days of their last use.

Underground Facilities and Appurtenances that are taken out of service may remain in their existing locations provided the Authorized Entity retains full responsibility for the Facility and Appurtenances. Should a remaining Out-of-Service Facility or Appurtenance degrade the Highway or interfere with its use, construction or maintenance, the Authorized Entity is responsible for either correcting the conflict or removing the Facility or Appurtenance at MaineDOT’s option. Depending on the size and construction of the Facility being taken out of service, MaineDOT may require removal or filling of the Facility with flowable fill or other suitable material.

5. Utility Pole or Utility Pole Structure Replacement and Wire Transfers

Unless otherwise approved by MaineDOT, all wire transfers and removal of replaced poles shall occur within one year from the installation date of the new pole(s). Poles that remain beyond this one-year, maximum tolerance, or otherwise approved completion date, are not considered maintained in accordance with the terms of their permit as specified in 35-A MRS §2503(6). All replaced poles are deemed Out of Service and no longer in public use upon transfer or removal of all wires and/or cables and must be removed from the Highway limits in accordance with Section 7(4), Out of Service Facilities.

Poles that are in violation of this section and Section 7.4 may be deemed a public safety hazard by MaineDOT, in its sole discretion, if they constitute a danger to the traveling public. Upon identifying a pole or poles as a public safety hazard, MaineDOT may provide a minimum of 60-days’ notice to the pole owner that it must completely remove the public safety hazard from the Right-of-Way by a specified “deadline date.” The failure of the pole owner or any authorized entity to remove the pole or poles that have been identified by MaineDOT as a public safety hazard by the deadline date will result in the offending poles being subject to the rights and remedies set out in 23 M.R.S. §1402.

6. Joint Use of Poles

A. Multiple Pole Lines

MaineDOT limits the number of poles placed within the Highway for public safety considerations. Please refer to Section11(1)(D), Utility Poles , for specific requirements.

B. Offsets for Maintenance of Highway Signs or Structures

Authorized Entities making new or replacement installations shall provide sufficient vertical and horizontal offsets to allow maintenance of existing Highway signs or other transportation structures in accordance with NESC and OSHA requirements. This will require that the Authorized Entity consider the offsets necessary for future transportation-related maintenance activities adjacent to the Utility Facilities, as well as, provide for the ability of the Authorized Entity to maintain their installation from within the Highway Right-of-Way.

C. Traffic Signalization Equipment

MaineDOT traffic signalization equipment shall be accommodated, as required, on existing Utility Poles or Utility Pole Structures where room allows as a condition of MaineDOT’s issuance of a Location Permit. This accommodation supersedes all prior agreements with individual utilities and shall be at no cost to the Department or the municipality in which the pole is located. No other conditions or requirements, such as insurance, will be allowed.

In those cases where MaineDOT traffic signalization equipment cannot be installed due to insufficient Utility separation distance on a pole as required by applicable codes, MaineDOT will authorize a payment of $1,500 per pole and the utility will install the new taller pole(s) sufficient to accommodate the traffic signalization equipment. This authorization will be in the form of an agreement signed by MaineDOT and the affected Utility.

7. Maintenance of Traffic

A. State and State-aid Highways

Any work performed by any party within the limits of a state or state-aid Highway, whether new construction, adjustment, or maintenance operations, shall be conducted in a manner to protect the public. Traffic control methods consistent with the current version of the MUTCD shall be consistently implemented to ensure the safe and expeditious movement of the traveling public [23 CFR 645.209]. MaineDOT may specify additional requirements in locations having high traffic, poor geometry or other special considerations.

B. Freeways

On Freeways, additional requirements beyond those provided within the MUTCD may be required. The MaineDOT must approve all work occurring within the Right-of-Way limits of a Freeway in advance. As part of the application, the Authorized Entity shall submit a Traffic Control Plan and designate a Traffic Control Supervisor in accordance with MaineDOT Standard Specification 652.3.3, Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control Plan may be designed and stamped by a Professional Engineer registered in the State of Maine, provided all other requirements of MaineDOT Standard Specification 652.3.3 are met. Additional requirements are specified as follows:

(1) General

Multiple Authorized Entities: When multiple Authorized Entities occupy the same poles with Facilities crossing a Freeway, all of the Authorized Entities must submit permit applications to install new facilities or relocate existing Facilities across a Freeway.

Median Crossovers: Median crossovers shall not be used at any time.

Personal Vehicles: Personal vehicles owned by any of the work area employees shall not access the work area from the Interstate or be parked within the Right-of-Way.

Traffic Interruptions: Traffic shall not be interrupted during inclement weather, weekends or periods of heavy traffic.

Signs, Cones, Boards: All sign arrays, cones, and flashing arrow boards shall be in place and operating before the start of any other work.

Competent Individual: The Authorized Entity shall have a competent individual on site for the entire duration of the work that is familiar with MUTCD standards and is capable of diagnosing and correcting any traffic problems that may arise as a result of the work.

Advance Notice: 48 hours advance notice shall be given to both the Region Engineer and the Maine State Police prior to the start of any work.

(2) Short-Term Wire Crossings

If an Authorized Entity must install an aerial wire across a Freeway, the Traffic Control Plan that is submitted in accordance with Section 7.7.B may utilize a procedure to control traffic in accordance with the following requirements:

Prior to Start of Work: Immediately prior to the start of work, all advance signing shall be positioned in accordance with the Traffic Control Plan.

State Police: Only the State Police shall stop Interstate traffic. One police cruiser shall be used for each lane of traffic, in each direction.

Traffic Hours: Traffic shall only be stopped between the hours of 10:00 p.m. and 5:00 am

Stopped Traffic Intervals: Traffic shall not be stopped for more than 10 minutes at a time. Subsequent 10 minute intervals may occur provided that all previously stopped traffic has cleared.

(3) Underground Crossings by Trenchless Installation Methods

The following shall apply whenever Trenchless Installation Methods are used to cross a Freeway:

Access to Work Sites: No access to the work site will be permitted from the Controlled Access Highway.

(b) Trenchless Installation Pits: Pits will normally be located outside the Right-of-Way limits. If conditions warrant, MaineDOT may elect to allow pits within the Right-of-Way limits, providing no part of the operation encroaches within the Clear Zone limits.

If all work is to occur outside of the Right-of Way limits, work zone signing on the Interstate will not be necessary. If the work is to occur within the Right-of-Way, but outside of the Clear Zone limits, “Work Area Ahead” signs shall be used.

(c) Horizontal and Vertical Tip Instruments: All trenchless installation methods are required to have the ability to accurately determine the horizontal and vertical position of the tip instrument when utilities, including drainage structures, are being crossed during installation.

C. Railroad Crossings

Any work performed within the area defined by the crossing of the Highway and the Railroad limits shall also comply with all reasonable requirements of the Railroad Company to ensure the safety of the workers, the traveling public and the safe operations of the trains.

D. Noncompliance

Should any Authorized Entity fail to comply with the requirements set forth above in Section 7(7), Maintenance of Traffic , MaineDOT may suspend the work until the noted deficiency is corrected. When the work being performed is within the Highway limits and not located within the construction limits of a MaineDOT Project, the Region Engineer or authorized representative shall determine when a suspension is warranted. If the work being done is within the construction limits of a MaineDOT Project, the Resident, Project Manager or authorized representative shall determine when a suspension is warranted.

8. Tree Clearing/Trimming

A. General

Authorized Entities are responsible for all work associated with any tree clearing and/or trimming required to install and maintain their Facilities and Appurtenances. The Authorized Entities are responsible for the removal of all cut trees, limbs and cuttings from the Right-Of-Way. In rural wooded areas within the Highway limits, wood may be chipped and scattered in a uniform manner, providing the chips are not placed in ditches, mowed areas or put into piles.

B. Notification

Authorized Entities must notify MaineDOT, in writing, at least 30 days prior to any trimming, cutting, or removal of trees by the Authorized Entity within the Highway limits. Such notification shall include:

(1)the names of the Municipalities where the operations are to be performed,

(2)a description of the maintenance operations,

(3)the name and work phone number of the person(s) responsible for the maintenance operations, and

(4)whether any of the areas listed are on a Scenic Byway.

All notifications shall be sent to the appropriate Region office where the tree maintenance operation is to be performed. The addresses and corresponding areas for each Region are provided on the MaineDOT Utilities web page. If the tree maintenance operations are to be performed on a designated Scenic Byway, then a copy of the notification must be sent to the MaineDOT Director of the Bureau of Maintenance and Operations.

C. Notification Exceptions

When 30 days’ notice cannot be provided for "hot spot" work or new construction line clearance work that was not anticipated, the Region offices may be contacted by phone and the 30 days’ notice will be waived. This does not apply to work on Scenic Byways or typical tree maintenance operations on other Highways. Emergency trimming and removal of trees to restore power or communications do not require notification.

D. Herbicide

With the exception of coniferous (softwood) trees, any stumps over 1 inch in diameter that are to remain within the Highway limits shall be treated with an approved herbicide spray mixture by a Certified Pesticide Applicator and in accordance with State Board of Pesticides Control Regulations unless otherwise restricted by the DEP.

9. Financial Responsibility for Delay Claims on MaineDOT Projects

Each Utility is responsible for ensuring proper adjustment, relocation, repair, construction or any other Utility work necessary for any Facility that is located within the limits of the Highway as required for any MaineDOT Project. The Utility(ies) shall communicate directly with the contractor or Resident regarding any Utility work necessary to maintain the contractor’s schedule and prevent project construction delays. The Utility will be responsible for the full amount of any compensable delay claims available to the contractor under the MaineDOT Standard Specifications that are a direct and sole result of the Utility’s negligent failure to relocate its Facilities as set out in the project schedule, and so constitutes an uncontrollable event for the contractor.

10. Financial Responsibility for Design Changes in MaineDOT Projects

Each Utility is responsible to coordinate with the Department regarding any Utility-owned facility or connecting service relocations and/or activities made necessary by the full implementation of a MaineDOT Project. If, during the design phase, it is determined that, to avoid existing utility relocation or reconstruction work , MaineDOT must expend additional funds for re-design efforts and offsetting material and construction costs as compared to the original design, the Utility shall be responsible for those additional costs.

Each Utility shall also be responsible for construction phase design changes. If, during the construction of a MaineDOT Project, utility facilities or connecting services are found in conflict with information provided to the Department, or as a result of an unresponsive utility during design phase coordination, the Utility shall be responsible for all re-design fees and costs, material restocking fees, all material and construction costs, and any other incidental costs associated with the re-designed, reconfigured and/or reconstructed Highway elements.

SECTION 8. SCENIC AREAS

Certain lands are acquired or set aside for scenic enhancement and natural beauty. Such areas include Scenic Byways, scenic strips, overlooks, rest areas, recreation areas, wildlife and waterfowl refuges, historic sites, public parks, and landscaped areas. The Scenic Byways within the State of Maine are currently shown on the Map Viewer that is available on the MaineDOT website.

To protect the aesthetic quality of these areas, new Facility installations are not permitted within scenic areas unless the following criteria are met: [23 CFR 645.209]

The installation does not require extensive removal or alteration of trees or other natural features visible to the Highway user, or impair the aesthetic quality of the lands.

New aerial installations are permitted only if:

1. Other locations or underground construction are not technically feasible, cost prohibitive or less desirable from a visual quality standpoint.
2. The design provides adequate attention to the protection and preservation of the visual qualities of the area in location, materials and methods of construction.

Installations for Highway Purposes - All criteria set forth in subparagraphs 2(A) and 2(B) above shall also apply to Facilities needed solely for Highway purposes, such as continuous lighting or services to a safety area, rest area or recreational area.

SECTION 9. GENERAL FACILITY LOCATION REQUIREMENTS

This Section outlines the general requirements for all Facilities and Appurtenances within the Highway limits. Additional standards that are specific to the type of Facility or the type of Right-of-Way are discussed in subsequent Sections.

1. Design/Construction

The Authorized Entity is fully responsible for the design of any of its Facilities and Appurtenances to be installed within the Highway limits.

A. National Standards

All Facilities and Appurtenances within the Highway limits must also comply with any applicable National Standards. Where those standards differ from what is stated herein, the higher degree of protection shall prevail.

B. Public Laws/Orders

Nothing herein is intended to interfere with or supersede the applicability or enforcement of any laws, rules, or orders of the MPUC, or ordinances that do not conflict with these rules. This specifically includes the Americans With Disabilities Act of 1990 [PL 101-336]. Although MPUC has installation and maintenance standards similar to the Utility Accommodation Rules, the Utility Accommodation Rules govern installations within the limits of state and state-aid Highways, and are the default rules within the limits of state and state-aid Highways in Compact Areas where municipalities do not have their own more stringent rules [35-A MRS §2503 (21)].

C. Design Life

All permanent Facility and Appurtenance installations on, over, or under the Highway or attached to any Highway Structures shall be of durable materials designed for long service life expectancy with due consideration given to the overall needs of the Highway corridor. Facilities and Appurtenances shall be designed to be relatively free from routine servicing and maintenance.

D. Uniform Alignment

Longitudinal installations shall be designed and installed on as uniform an alignment as possible to minimize potential conflicts and to aid in locating underground Facilities in the future.

E. Minimize Interference

Wherever possible, Facilities and Appurtenances shall be located to minimize the possibility of interference with other Facilities or Highway work.

F. Crossings

To the extent feasible and practicable, Facility crossings of the Highway shall be generally perpendicular to the Highway alignment.

G. Permits

The Authorized Entity is required to secure all permits necessary for the installation, adjustment or maintenance of its Facilities.

H. Cooperation with Other Authorized Entities

Throughout the design and installation of any Facilities and Appurtenances within the Highway limits, Authorized Entities must address the needs of all other Authorized Entities with regard to their existing or Proposed Installations located in the vicinity of another Proposed Installation. This shall include maintaining sufficient offsets from other Facilities and Appurtenances and assuring that all other Authorized Entities have reasonable access to their own Facilities and Appurtenances during construction. Where Authorized Entities are unable to resolve conflicts in accordance with these rules, MaineDOT shall make the final determination.

I. Clearance Between Facilities

The following defines the minimum clearance standards for Facilities within the Highway limits. Greater clearances are encouraged and may be required whenever possible. Authorized Entities are encouraged to undertake joint construction whenever possible, and MaineDOT will normally support requests for a lesser standard in accordance with Section (14)(1), Exceptions , when all affected parties are in agreement.

(1) Horizontal Clearance Between Longitudinal Facilities

Unless specifically permitted otherwise, a 3-foot minimum horizontal clearance shall be maintained between all underground Facilities and Appurtenances. Measurement between underground Facilities and Appurtenances shall be taken horizontally from the closest edge of the Facility or Appurtenance. Aboveground pole lines (excepting crossings and services) shall also be included in this standard where those poles occupy a reasonably consistent offset. Measurement to a pole line shall be to the nearest face of pole or to the vertical plane established longitudinally through the center of the pole line between poles.

(2) Vertical Clearance Between Facilities

Where underground Facilities must cross other Facilities or Appurtenances; the angle of such crossing shall be as close to 90 degrees as possible, with a minimum vertical clearance of 1 foot. Facilities of one Authorized Entity shall not be constructed longitudinally over or under another Authorized Entity’s underground Facilities.

J. Erosion Control and Restoration of Vegetation

Authorized Entities shall stabilize the soil in all work areas within the Highway limits to minimize erosion. Restoration of loam, grass or other landscaping vegetation is required following the completion of Backfill as soon as weather conditions and/or seasons of the year allow. Temporary mulch shall be used until permanent treatments can be applied.

K. Aerial Attachment Requirements

When a pole line exists within a highway corridor, Facilities that can be accommodated aerially will normally be permitted as aerial facilities that are attached to the existing poles, or new poles that replace the existing poles.

2. Preferred Corridors

To obtain consistency and maximize the use of the Highway, “preferred corridors” have been specified below for each type of Facility. In the process of establishing plans, Authorized Entities are encouraged to utilize these corridors whenever practical. These corridors may not be required or preferred in instances where there is insufficient Right-of-Way, interference with Highway or Utility maintenance needs, site constraints, conflicts with other Facilities, or other factors which the Department finds to be contrary to the public interest or safety.

Type of Facility Preferred Corridor

Water & Sewer Lines Under the Traveled Way

Gas Lines Under the Shoulder

Telephone/Electric Conduit Under the Shoulder or Sidewalk

Power and TelCom On A Single Pole Line

Pole Line As close to R/W limit as practical

SECTION 10. UNDERGROUND INSTALLATIONS

1. General

A. Depth of Cover

The minimum depth of Cover for any Facility within the R/W limits is 36 inches, except for high pressure Hazardous Transmittant Facilities, (See Section 10(2)(A), Cover ). Additional requirements are specified herein for each type of Facility.

Any wires, pipes, conduits or cables that are presently located within the Highway limits at a depth of less than 1 foot and not specifically permitted to be at that depth, shall be relocated in accordance with these rules.

B. Encasement

Casings shall be used under Bridge approach slabs and in close proximity to Highway Structure footings. Due to the wide variety of designs and the differing schedules for construction or maintenance, MaineDOT will need to determine Casing requirements near footings on a case-by-case basis. Where Encasement is to be employed in other areas, such Encasement shall be provided under center Medians and within the Pavement Structure limits to a point beyond the ditch line for cut sections, 5 feet beyond the toe of slope for fill sections, or 5 feet beyond the face of Curb on urban section roadways (including side streets). Exceptions for Encasement within a portion of the Median may be approved when excessive Median width or significant changes in the roadway cross-section make a continuous installation impractical.

C. Markers & Detection Aids

(1) Warning Tape

Upon installation, all underground Facilities installed by open cut shall include warning tape, of a color consistent with the APWA Uniform Color Code, located at least 12 inches below the ground surface, but no closer than 18 inches to the top of the Facility, and parallel to the entire installation.

(2) Signs

All underground utilities crossing the entire Right-of-Way (from one boundary to the other) shall have a readily identifiable marker installed at each Right-of-Way line crossed to indicate the type of Facility, the name of the owner and a telephone number to call. Signs shall be maintained with current, legible information.

(3) Pedestals

All pedestals shall have a readily identifiable marker installed on each pedestal to indicate the type of Facility, the name of the owner and a telephone number to call. Markers shall be maintained with current, legible information.

(4) Detection Aids

All nonmetallic underground Facility installations shall include a metallic component that provides electrical continuity to aid in the future detection and location of the Facility. When a separate tracer wire is used for this purpose, it shall be installed a maximum of 12 inches above the top of the Facility.

D. Appurtenances

Aboveground Appurtenances installed as a part of an underground Facility shall be located in accordance with Section 11, Aboveground Installations.

E. Methods of Installation

(1) Trenchless Installation Methods

All pits associated with Trenchless Installation Methods shall be located as far from the ETW as possible, preferably outside the Clear Zone. Pits shall be located and constructed so as not to compromise public safety or the integrity of any Highway Structure. The bottom of the pit sidewall nearest the roadway edge shall, at a minimum, be located beyond a line created by a 1:1 slope projected down from the Edge of Shoulder. The Region Engineer may require the use of support structures to achieve the proper degree of protection.

All trenchless installation methods are required to have the ability to accurately determine the horizontal and vertical position of the tip instrument when utilities, including drainage structures, are being crossed during installation.

(2) Blasting

48 hours’ notice must be given to the appropriate MaineDOT Region Office prior to any blasting within the Highway limits. When blasting is to occur within 100 feet of a Highway Structure, prior approval must specifically be obtained from MaineDOT. MaineDOT may require that detailed plans and procedures prepared by a licensed blaster be submitted by the Authorized Entity. Pre-blast surveys may also be specified as a work condition.

(3) Pavement Cuts

Wherever pavement is to be cut, all edges shall be cut neat and straight.

(4) Backfill/Compaction

Backfill compaction shall equal that of the surrounding soil outside of the Pavement Structure limits. Within the Pavement Structure limits, Backfill and compaction requirements shall be in accordance with the latest edition of MaineDOT's Standard Specifications for Highways and Bridges.

F. Locations of Installations

(1) Undesirable Locations

Locations in deep cuts, near footings of Bridges or retaining walls, within areas of Special Materials, across intersections at grade, across ramp terminals, or in areas where it will be difficult to attain minimum Cover shall be avoided whenever possible.

(2) Clearance from Highway Structures

Vertical and horizontal clearance between any Facility or Appurtenance and a Highway Structure shall be sufficient to permit maintenance of both without interference. Clearances shall comply with Section 9(1)(I), Clearance Between Facilities .

(3) Road Side of the Utility Pole Line

Mainline underground Facilities should normally be installed on the Traveled Way side of the pole line.

(4) Additional Requirements

The location of any Facilities or Appurtenances may be further restricted by the Region Engineer to ensure that a proposed Facility or Appurtenance will not interfere with existing or currently planned Highway construction and/or maintenance activities.

(5) Highway Drainage Pipes

Highway drainage pipes and structures shall be protected during any Facility and Appurtenance installation and maintenance. Utilization of existing drainage pipes as Sleeves is not permitted.

(6) Services to Corner Properties

Property having frontage on both a state or state-aid Highway and a lower classification Public Way shall normally have the underground service provided from the lower classification corridor, whenever both corridors are served by equivalent distribution facilities. On a case-by-case basis, MaineDOT will consider the level of impacts to both corridors and to private property when determining the most appropriate point of connection. Should the lower classification corridor be under municipal jurisdiction, the Utility shall obtain the necessary permits from that municipality.

(7) Service Consolidation

In locations where numerous underground service lines must cross the Traveled Way, consolidation of service crossings shall be evaluated and utilized whenever possible. MaineDOT may require such consolidation whenever it is determined that impacts on the traveling public, highway maintenance or other accommodated Facilities will be minimized.

2. Gas, Liquid Petroleum, and Other Hazardous Transmittant Pipelines

A. Cover

Low pressure Hazardous Transmittant pipelines shall have a minimum Cover of 36 inches, including Service connection top tap tees and lines. Low pressure Hazardous Transmittant Facilities are defined as lines with working pressure of 100 psi or less.

The minimum depth of Cover for any portion of a high pressure Hazardous Transmittant Facility is 48 inches. High pressure Hazardous Transmittant Facilities are defined as lines with working pressure greater than 100 psi.

B. Multiple Lines

If a Utility proposes to install two active Hazardous Transmittant pipelines (typically transmission and distribution) along the same corridor, the two lines shall be placed one above the other, as vertical as practicable, considering safe operation and maintenance of the lines. The lower-pressure line shall be installed above the higher-pressure line and must meet the minimum cover requirements as specified in Section 10(2)(A), Cover .

C. Vents

One or more Vents shall be provided for each Casing or series of Casing. For Casing longer than 150 feet, Vents shall be provided at both ends. On shorter Casing, a Vent shall be located at the high end with a marker placed at the low end. Vents shall be placed at the Right-of-Way line immediately above the pipeline, situated so as not to interfere with Highway maintenance or be concealed by vegetation. Ownership of the lines and an emergency contact number shall be shown on the Vents.

D. Drains

Drains for Hazardous Transmittant pipelines will not be permitted to outfall into drainage ditches, natural watercourses or onto the Highway.

E. Gate Valve Boxes

When gate valve boxes occur within the paved portion of the roadway, they shall meet the requirements of ASTM A48 and shall be set flush with the pavement. Ref. Appendix – Standard Detail 604(18), Utility Structures

3. Water Lines

A. Cover

The minimum Cover for waterlines shall be 36 inches. The Authorized Entity is responsible to assure that all waterlines are suitably protected against freezing. All uninsulated water lines shall have sufficient Cover to exceed the depth of frost penetration.

B. Drains

Waterline Encasement or drains may be permitted to outfall into roadside ditches at locations approved by MaineDOT.

C. Gate Valve Boxes

When gate valve boxes occur within the paved portion of the roadway, they shall meet the requirements of ASTM A48 and shall be set flush with the pavement. Ref. Appendix – Standard Detail 604(18), Utility Structures

4. Sanitary Sewer Lines

A. Cover

Reference "Water Lines", Section 10(3)(A), Cover .

B. Drains

Sanitary sewer line Encasement drains shall not outfall into drainage ditches, natural watercourses, or onto the Highway.

C. Manholes

Manholes serving sewer lines up to 24 inches in diameter shall have a minimum inside diameter of 48 inches. For any increase in line size or number of pipes, the inside diameter of the manhole may be increased a like amount. Manholes for large interceptor sewers should be specially designed, keeping the overall dimensions to a minimum. The outside diameter of the manhole chimney at the ground level shall not exceed 36 inches. Any manholes allowed within the pavement shall be set flush with the pavement and will not be in the vehicular wheel path.

5. Electric Supply Lines

A. Cover

The minimum Cover for underground Electric Supply Lines and Services within the Highway limits shall be 36 inches.

B. Conduit

All underground Electric Supply Lines within the Highway Right-Of-Way limits shall be in galvanized or stainless steel Rigid Metal Conduit (RMC) or PVC Conduit. Electrical Metal Tubing and /or Intermediate Metal Conduit will not be permitted as substitutes for RMC. In addition, 90 degree RMC sweeps will be required.

PVC Conduit shall be encased, above, below and on both sides, with a minimum of 4 inches of concrete that shall have a minimum compressive strength of 2900 psi and a maximum aggregate size of 1-inch. Ref. Appendix – Underground Electric Lines Detail

C. Services

Electric Supply Line Services attached to a utility pole shall be installed in RMC from the ground level to a height of at least 7 feet and include a 90 degree RMC sweep below grade. Ref. Appendix – Underground Electric Lines Detail

Underground Electric Supply Line Services are not allowed to cross under the travel surface of the Highway and shall exit the R/W perpendicular to the centerline of the Highway. Ref. Appendix – Underground Electric Lines Detail

D. Manholes

Manholes shall be limited to those necessary for installation and maintenance of underground lines. The elevation of manhole rims and covers shall be set at finished grade ( Ref. Appendix – Standard Detail 604(18), Utility Structures ). New manholes will not be permitted within the Traveled Way or Shoulder of a Highway except within urban areas.

To conserve space within the Right-of-Way for the needs of the Highway corridor, manhole vault dimensions should be no larger than is necessary to hold the equipment involved and for safety standards to be assured for maintenance personnel. Outside width should not exceed 7 feet, with the length held to a reasonable minimum. The outside dimensions of a manhole chimney should not exceed the minimum required to support the manhole frame and cover. Manhole covers (for personnel access) shall be installed flush with finished grade and shall not be in the vehicular wheel path. The top of the roof of the manhole vault shall be set to meet a minimum Cover of 36 inches.

6. Communication Lines (Telephone, CATV, etc...)

A. Cover

The minimum Cover for underground Communication Lines within the Highway limits shall be 36 inches for either encased or un-encased installations.

B. Manholes

Section 10(5)(D), Manholes , applies.

SECTION 11. ABOVEGROUND INSTALLATIONS

1. General

A. Vertical Clearances

The vertical clearance of new overhead lines above Highways and intersecting Public Ways shall be a minimum of 18 feet. When existing roadway elevations are increased, existing overhead Facilities that meet vertical clearances defined within applicable National Standards may be allowed to remain unless otherwise directed by MaineDOT. New or adjusted overhead lines running parallel to the Highway and not crossing intersecting Public Ways shall have a minimum vertical clearance as defined within applicable National Standards.

Support Structures

Monopole Installations and Utility Pole Structures, as defined herein, will not normally be accommodated within the State or State-Aid Right-Of-Way. These installations are not among the types of facilities specifically authorized to use the highway corridors in accordance with MRS Title 35-A, Chapter 23, nor are they compatible with the types of structures that can be safely located within the typical right-of-way corridor widths.

Utility Pole Structures may become necessary in some instances based upon site conditions and engineering needs. In such cases, where the Department allows the use of a Utility Pole Structure, accommodation will be at offsets that will exceed normal Utility Pole offsets and will typically meet or exceed the offsets required in the AASHTO Roadside Design Guide. Utility Pole Structures are not considered a replacement pole for standard Utility Poles and must always be permitted separately.

Where surplus Right-Of-Way or other separate MaineDOT properties may enable accommodation of Monopole Installations and Utility Pole Structures, and where these facilities are deemed acceptable after review of the application, MaineDOT reserves the right to establish lease rates based on prevailing real estate values. The lease rate process for surplus property will be the same for all companies providing similar services.

C. Use of Existing Department Poles or Structures

The Department may, at its sole discretion and on an asset by asset basis, allow singular small antenna systems to be located on existing poles or other structures owned by the Department. In those cases, an application will be made and all aspects of the installations must meet all industry and engineering standards. For example, structural, electrical, telecommunications, land use, etc.

The Department will review the applications for acceptability. If the installations are deemed acceptable, the Department may charge a reasonable fee for each attachment that is based upon consideration of the facility’s impact upon the pole or structure, its ongoing maintenance, rates charged for similar attachments on other similar structures within the highway corridors, or other appropriate and reasonable considerations.

The Department may, at its sole discretion and on an asset by asset basis, allow singular instances of shared facilities when the proposed location of a monopole structure and the need for a highway facility, such as high mast lighting, may coincide. The Department will review the applications for acceptability. If the installations are deemed acceptable, the Department will charge a reasonable fee for such co-location based upon consideration of the facility’s construction, impact upon the pole or structure, its ongoing maintenance, rates charged for similar co-located structures within the highway corridors, or other appropriate and reasonable considerations.

D. Utility Poles

(1) Utility Pole Construction

Utility Poles within the Highway limits shall be single-pole construction.

(2) Multiple Pole Lines

Multiple Pole Lines are no longer permitted within the Highway limits. Stub poles or service poles that must be located within the Right-of-Way are not considered a separate pole line, but shall conform to all applicable offset criteria. Existing areas having Multiple Pole Lines shall be reduced to a single, joint use pole line whenever:

(a) MaineDOT undertakes any construction project having a scope beyond a Pavement Overlay and existing poles are required to be relocated, or

(b) MaineDOT determines a particular area to present a significant hazard to the traveling public.

If any Authorized Entity undertakes a project in an area with an existing Multiple Pole Line that is separate from a MaineDOT Project and consists of the replacement of ten or more consecutive poles, one of the following must occur:

(a) the owners of the aboveground Facilities must agree to combine their Facilities onto a single pole line as part of the proposed project, or

(b) the Authorized Entity undertaking the pole replacements must install poles of sufficient height to accommodate the other Facilities when they are upgraded.

Existing Multiple Pole Lines, which involve Electric Supply Lines owned by different Authorized Entities, will not be forced to combine onto a single pole line providing all offset criteria are met.

(3) Service Poles

Unless vertical clearances and the local terrain dictate otherwise, all poles used to exclusively provide service to a customer shall normally be installed at or beyond the Highway R/W limits.

(4) Anchors

Pole anchors shall not be installed on the Traveled Way side of a pole unless located behind guardrail and in compliance with Section 11(2)(B)(1), Guardrail . Anchors shall be adequately designed and installed to enable shared-use whenever possible with standard utility equipment.

(5) Underground Service Lines

Poles that are located on the Traveled Way side of a ditch line or open drainage area that will require periodic ditch maintenance shall not be used to provide underground service lines to adjacent properties

2. Offsets

Aboveground offsets define the horizontal clearance required to provide a Recovery Area and room for adequate Highway maintenance. Although specific offset values are defined herein, these offsets are minimum values. Greater setbacks should be provided whenever possible to provide improved safety and to minimize the potential for conflicts with future Highway construction. Unless otherwise noted, all offsets are to the portion of the aboveground Facility or Appurtenance that is below a vertical height of 13 feet and located closest to the Edge of Traveled Way.

These offset requirements shall also apply to the Edge of Traveled Way for truck climbing lanes and Highway through lanes. These offsets may also apply to turning lanes, but will be evaluated in a case-by-case basis considering Highway configuration, speed and other adjacent physical features.

Existing aboveground Facilities and Appurtenances that are located within the limits of MaineDOT New Construction, Reconstruction, and Rehabilitation Projects shall be adjusted to meet the standards defined in these rules.

For projects conducted within the existing Right-of-Way, such as Pavement Overlay, MaineDOT maintenance projects, or permitted maintenance and betterment projects by Authorized Entities, existing aboveground Facilities and Appurtenances that do not presently meet the minimum offset standards may remain in place for as long as they do not, in MaineDOT’s sole discretion, present a safety problem, or conflict with the use, construction or maintenance of the Highway, or conflict with other standards described herein.

Plant Mixed Recycled Asphalt Pavement (PMRAP) projects shall follow the policies outlined in the current MaineDOT PMRAP Program expectations. Contact the project Utility Coordinator for specific requirements of the current PMRAP Program.

A. General

(1) Offset from Edge of Shoulder

Unless site-specific conditions pertaining to guardrail, curb or the “2-foot Rule” apply as described under Section 11(2)(B), Site Specific Conditions , no offset shall result in an aboveground Facility or Appurtenance being located within 6 feet from the Edge of Shoulder, regardless of whether the surface of the Shoulder is paved or unpaved.

(2) Fire Hydrants

Hydrants shall be of breakaway construction and generally located in accordance with the offsets defined herein. However, where local fire equipment presents limitations, the maximum offset possible may be used, providing it is in accordance with Section 11(2)(A)(1), Offset from Edge of Shoulder .

(3) Breakaway Devices

Aboveground Facilities and Appurtenances may be permitted within the minimum offsets specified when authorized by MaineDOT, and when a breakaway system is utilized.

(4) Mid-Span Utility Poles

New Utility Poles located between two existing Utility Poles may be permitted at lesser offsets than defined herein if the new Utility Pole is “in-line” with the two existing, adjacent Utility Poles and that the offset of the new Utility Pole is equal to or greater than the smallest offset of the adjacent Utility Poles.

B. Site-Specific Conditions

(1) Guardrail

For steel beam guardrail, aboveground Facilities and Appurtenances shall be set back a minimum distance of 3 feet from the back of post. Where space permits, greater offsets are encouraged to facilitate snowplowing. Aboveground Facilities and Appurtenances located behind cable guardrail shall be set back 12 feet or in accordance with the offset standards without guardrail, whichever is less.

To facilitate the safe and proper function of the guardrail crash-end, facilities installed in the vicinity of a guardrail crash-end shall be set 30 feet or more ahead of the crash-end and/or 40 feet or more beyond the crash-end when installed behind the guardrail. These distances apply to both the leading and trailing ends of all guardrail runs ( Ref. Appendix – Utility Poles Located Behind Guardrail Systems) . All other offset standards shall apply as appropriate for adjacent site conditions.

Note that the Department distinguishes between “crash-end” and “terminal end.” A crash-end is installed where accident energy attenuation occurs in a crumple zone of several sections of guardrail. A terminal end may be installed at the end of a radius such as a driveway entrance or other locations where energy attenuation is not anticipated. The distances described in the paragraph above do not apply to radius guardrail installations.

Where the offsets set forth above conflict with existing safety standards, allowable span lengths applicable to the installation of aboveground Facilities, or otherwise prevent the aboveground Facility from being installed and/or maintained within the Highway Right-of-Way, MaineDOT will consider adjusting the guardrail terminal end location to accommodate the Facilities. If this is not possible, MaineDOT may also consider design exceptions on a case-by-case basis.

(2) Curb

In urban areas with posted speed limits of 40 MPH or less, aboveground Facilities and Appurtenances may be installed 5 feet behind the face of Curb. In locations where insufficient Right-of-Way or other restrictions are present and no other practical solution exists, MaineDOT may elect to allow aboveground Facilities and Appurtenances as close as 18 inches (1.5 feet) behind the face of Curb.

(3) Urban Areas with No Curb

Aboveground offsets may be limited to that specified in Section 11(2)(A)(1), Offset from Edge of Shoulder , in urban areas with speed limits of 40 MPH or less when Curb is not present.

(4) Ditches

No aboveground Facilities or Appurtenances shall be set in the Flow Area of a ditch. New Facilities and Appurtenances installed in areas with ditches shall generally be installed behind the ditch and at least 2 feet up the Backslope (as measured horizontally) unless the offset of the ditch exceeds the required aboveground offset by at least 8 feet. Existing Facilities or Appurtenances that meet offset standards in the Inslope of a ditch area may be permitted to remain in their present locations until replaced.

(5) Islands/Traffic Circles

Aboveground Facilities and Appurtenances are not permitted in the center island of a traffic circle, roundabout or in traffic islands.

(6) Culverts

Aboveground Facilities and Appurtenances are not permitted within 8 feet of the end of any culvert.

(7) Restricted Right-Of-Way

If a Highway segment has not experienced 3 or more crashes relating to aboveground Facilities and Appurtenances in the past 3 years, and there is insufficient Right-of-Way to attain the minimum offset requirements defined herein, MaineDOT may elect to permit aboveground Facilities as close as practicable to the existing Right-of-Way limits.

(8) “2-foot Rule”

When aboveground offsets are reviewed for compliance in conjunction with a MaineDOT Project, MaineDOT may elect to allow a Facility or Appurtenance to remain at an offset of up to 2 feet less than the required minimum provided that existing location complies with the following:

(a) The existing Facility or Appurtenance does not conflict with the Highway construction or any permanent Highway features;

(b) The existing Facility or Appurtenance does not conflict with any other standard defined in these rules.

(c) The existing Facility or Appurtenance has not been involved in run-off-the-road crashes in the past.

C. Minimum Corridor Offsets for Utility Poles

This Section presents the minimum offsets from the Edge of Travelway that apply to a given highway corridor for new construction, reconstruction and rehabilitation projects unless the site-specific conditions described elsewhere in this Section are applicable. The Edge of Travelway is defined in Section 4, Definitions.

MaineDOT has established Corridor Priority classifications for all state and state-aid Highways. Maps that identify the Corridor Priority for state and state-aid Highways are available on Map Viewer on the MaineDOT website.

The following tables define the minimum offsets for all Utility Poles and Appurtenances located along state and state-aid Highways. These minimum offsets are based upon the Corridor Priority designation, highest AADT anticipated within the life of the Facility and the posted speed limit. Utility Pole Structures and other aboveground cabinets or structures will normally require greater offsets. In addition, corridors that already have wider Right-Of-Way limits established will also normally require offsets that will exceed these tables. Permitting of new or replacement Utility Poles within a corridor that is not associated with a project will involve consideration of these offsets as well as the Right-Of-Way width and other specific characteristics of the corridor. Whenever poles are already accommodated at greater offsets than indicated in the following tables, those greater offsets will normally continue to be required for replacement poles. Conversely, when insufficient right-of-way or other conflicts prevent the minimum offsets from being attained, the Department may elect to allow reduced offsets on a case-by-case basis.

Interstate and other Control Of Access Highways have unique accommodation requirements. See Section 12, Controlled Access Highways.

The Following Offset Tables Shall be Used for All New Construction, Reconstruction, and Rehabilitation Projects.

Note: All Offsets are measured from the Edge of Traveled Way

Offset Table for Corridor Priority 1 and 2

Speed (mph)

25-30

35-40

45-50

55+

AADT

0 - 2000

10’

10’

12’

15’

AADT

2001 - 6000

10’

12’

14’

18’

AADT

> 6000

10’

12’

18’

20’

Offset Table for Corridor Priority 3, 4, 6

Speed (mph)

25-30

35-40

45-50

55+

AADT

0 - 2000

10’

10’

10’

15’

AADT

2001 - 6000

10’

10’

10’

15’

AADT

> 6000

10’

10’

15’

15’

Restoration-Resurfacing Projects - All Corridor Priorities

Existing aboveground Facilities and Appurtenances that do not presently meet the minimum offset standards may or may not remain in place. See Section 11(2), Offsets , for details.

PMRAP Projects:

Plant Mixed Recycled Asphalt Pavement (PMRAP) projects shall follow the policies outlined in the current MaineDOT PMRAP Program expectations. See Section 11(2), Offsets for details.

SECTION 12. CONTROLLED ACCESS HIGHWAYS

For the purposes of these rules, Controlled Access Highways (Syn: COA) are separated into two categories: Freeways and non-Freeways.

1. Freeways

A. New Utility Installations Along Freeways

New Facilities will not normally be permitted longitudinally within Freeway COA. Where special circumstances exist, MaineDOT may elect to permit such installations under strictly controlled conditions.

Where such longitudinal installations are requested, the Authorized Entity must demonstrate to MaineDOT’s satisfaction:

(1) Highway and Traffic Safety

That the accommodation will not adversely affect Highway and traffic safety;

(2) Alternate Locations

That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient service in a manner conducive to safety, durability, and economy of maintenance and operations;

(3) Adverse Affects

That the accommodation will not adversely affect the design, construction, operation, maintenance, or stability of the Freeway and that it will not interfere with or impair the present use or future expansion of the Freeway;

(4) Accommodation Conditions

That the accommodation satisfies the conditions of Section 12(1)(D), Access for Constructing and/or Servicing Facilities ;

(5) Public Interest

That the accommodation will be shown to be in the substantial public interest of the State of Maine;

All longitudinal accommodations considered under these rules shall be in accordance with a valid Location Permit. Where longitudinal installations must traverse interchange areas, they shall be located and treated in the same manner as Facility crossings within interchange areas, as in Section 12(1)(C), Facilities Crossing Freeways .

Service connections to adjacent properties shall not be permitted from longitudinal installations located within the Freeway COA.

B. Existing Facilities Along Proposed Freeways.

When a pre-existing Facility or Appurtenance within a proposed Freeway Right-of-Way can be serviced, maintained and operated without access from the through traffic roadways or ramps, it may remain as long as it does not adversely affect the safety, design, construction, operation, maintenance or stability of the Freeway. Otherwise, it must be relocated, except for special cases as covered by Section 12(1)(A), New Utility Installations Along Freeways .

C. Facilities Crossing Freeways

New Facilities and adjustments or relocations of existing Facilities require a permit to cross a Freeway and must also meet the requirements of Section 7(7)(B), Freeways . To the extent feasible and practicable they should cross on a line generally normal to the Freeway alignment and preferably under the Freeway.

(1) Facilities Along Roads or Streets Crossing Freeways

Where a Facility follows a crossroad or street that is carried over or under a Freeway, provision should be made for the Facility to cross the Freeway on the locations of the crossroad or street in such manner that the Facility could be constructed and/or serviced without access from the Freeway or ramps. Generally, the Facilities and Appurtenances are to be located within the Right-of-Way of the crossroad or street, existing or relocated, and may cross over or under the Freeway or be carried on or through the grade separation structure as may be authorized, provided installation and servicing thereof can be accomplished without access from the through-traffic roadways or ramps. Where distinct advantage and appreciable cost saving is effected by locating the Facilities or Appurtenances outside the Right-of-Way of the crossroad or street they may be so located, in which case they shall be located and treated in the same manner as overhead Facilities crossing the Freeway at points removed from grade separation structures as in subparagraphs (2) and (3) which follow.

(2) Overhead Facility Crossings

Overhead Facilities crossing a Freeway at points removed from grade separation structures, or those crossing near a grade separation but not within the Right-of-Way of a crossroad or street, in general, should be adjusted so that supporting structures are located outside the COA. In any case supporting poles shall:

(a) Not be placed within the appropriate Clear Zone.

(b) Not be located within a Median of 80 feet or less in width.

(c) Not impair sight distance from any point on the through roadway or ramps.

The vertical clearance to overhead Facilities crossing Freeways shall be the greater of 20 feet or as required by the National Electrical Safety Code, ANSI C2, Institute of Electrical and Electronics Engineers, Inc.

(3) Underground Facility Crossings

Facilities crossing underground below the Freeways shall be of durable materials and so installed as to virtually preclude any necessity for disturbing the roadways to perform maintenance or expansion operations. The design and types of materials shall conform to appropriate National Standards. Manholes and other points of access to underground utilities shall be located outside the Right-of-Way limits.

(4) Provisions for Expansion of Facilities

When existing Facilities are relocated, or adjusted in conjunction with construction of a Freeway, provisions may be made for known and planned expansion of the Facilities, particularly those underground. They should be planned to avoid interference with traffic at some future date when additional or new overhead or underground Facilities and Appurtenances are installed.

D. Access for Constructing and/or Servicing Facilities

In general, Facilities and Appurtenances are to be located and designed in such a manner that they can be constructed and/or serviced without direct access from the through roadways or connecting ramps. Such direct access shall not be permitted except for special cases where alternate locations and/or means of access are unavailable or impractical due to terrain and/or environmental constraints, and such use will not adversely affect safety or damage any part of the Highway. Where direct access is requested for the Interstate System, a permit must be obtained from MaineDOT and coordinated with the FHWA for approval.

Access for construction and/or servicing a Facility along or across a Freeway should be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads and streets, or (c) trails along or near the Highway, connecting only to an intersecting road, from any one or all of which entry may be made to the outer portion of the Freeway Right-of-Way. Subject to 23 USC 111, a locked gate along with COA fence may be utilized to meet periodic service access needs. Where a gate is allowed, it will be documented by an approved permit that will include adequate provisions against unauthorized use.

In those special cases where supports, manholes, or other Appurtenances are located in Medians, interchange areas, or otherwise inaccessible portions of Freeway Rights-of-Way, access to them from through-traffic roadways or ramps may be permitted when other alternatives do not exist. Such access shall be by permit setting forth the conditions for policing and other controls to protect Highway users.

Entry to the Median area should be restricted where possible to nearby grade separation structures, stream channel crossings, or other suitable locations not involving direct access from through roadways or ramps.

Where Facilities and Appurtenances are located outside the COA line and where such Facilities and Appurtenances may require maintenance from within the Freeway Right-of-Way, a permit must be obtained from MaineDOT.

All permits shall include adequate provisions for COA to the Facility work zone, direction of traffic and protection of workers and the traveling public. All new Facility construction or adjustments and relocations of existing Facilities must satisfy the requirements of Section 7(7)(B), Freeways . Advance arrangements should also be made between the Authorized Entity and MaineDOT for emergency maintenance procedures.

E. Manner of Making Utility Installations and Adjustments

In general, Authorized Entity installations and adjustments are to be made with due consideration to Highway and Authorized Entity costs and in a manner that will provide maximum safety to the Highway users, will cause the least possible interference with the Highway facility and its operation, and will not increase the difficulty of or cost of maintenance of the Highway.

F. Special Case Underground Point-To-Point Facilities

MaineDOT may grant non-exclusive permits allowing the longitudinal underground installation of transmission or backbone Facilities and Appurtenances within the Rights-of-Way of Freeways.

(1) Negotiated Agreements

MaineDOT may negotiate agreements and receive compensation for the use of Freeway Rights-Of-Way to install such Facilities.

(2) MaineDOT May Waive Requirements

Upon a determination that it is in its best interest, MaineDOT may waive the requirements of Section 12(1)(A)(2), Alternate Locations , with regard to the availability of alternate locations.

(3) Applicable Provisions

All other applicable provisions of this Section regarding the siting, installation and maintenance of such Facilities shall apply.

2. Non-Freeways

Non-Freeway Controlled Access can vary from small segments along a Highway to entire corridors, such as a bypass. In general, Facilities within these Controlled Access areas will be treated in the same manner as Freeways. However, based upon the specific conditions involved, MaineDOT may consider allowing longitudinal installations. Non-Freeway Controlled Access areas are currently shown on the MaineDOT Map Viewer available on the MaineDOT website.

SECTION 13. BRIDGES AND OTHER HIGHWAY STRUCTURES

1. General

Where other arrangements are not feasible, MaineDOT will consider permitting attachment of Facilities on Highway Structures. Each such attachment will be considered on an individual basis, and permission to attach will not be considered as establishing a precedent for granting subsequent requests for attachment. The following requirements are established for attachment to any Highway Structure:

A. P.E. License & Certification

A Maine Licensed Professional Engineer shall design all proposals for attachments to Highway Structures in accordance with the latest AASHTO standards. In the case of Bridges, each design proposal shall be fully evaluated in accordance with the latest edition of AASHTO LRFD Bridge Design Specifications and the Maine Department of Transportation Bridge Design Guide (as applicable) to assess the effect of the attachment(s). A statement certifying that the additional loading will not exceed allowable limits is required as part of the design submittal.

B. Out-of-Service Facilities

All Facilities that are taken out-of-service shall be removed in accordance with Section 7(4), Out-of-Service Facilities . If any such Facilities are not removed, MaineDOT may elect to remove such Facilities at the Authorized Entity’s expense.

C. Other Applicable Permits

Authorized Entities are responsible for acquiring any and all permits that may be applicable to their proposed work. Some of the applicable permits may include:

(1) Coast Guard Permits

A Coast Guard permit or notification may be required whenever the proposed work will occur over a navigable waterway.

(2) Railroad Permits

Work permits may be required for any work done over, under or near a Railroad and are obtained directly from the Railroad Company.

(3) Environmental Permits

Permits may be required by the Natural Resources Protection Act (NRPA) administered through the Department of Environmental Protection (DEP), Shoreland Zoning, Army Corps and others.

D. Identification Tag

A permanent tag shall be affixed to each end of the attached Facility identifying the Authorized Entity, the type of attachment, and a contact telephone number. All tags shall be maintained in a legible condition with current information.

E. Communication and Electric Supply Lines

Communication and Electric Supply Lines shall be suitably insulated, grounded, and carried in protective Conduit or pipe from the point of attachment to the point of exit per applicable National Standards.

F. Hazardous Transmittants

Mutually Hazardous Transmittants shall be isolated by compartmentalizing or by auxiliary Encasement of incompatible carriers. This shall include Electric Supply Lines, gas lines, effluent lines and sanitary sewer lines.

G. Casing Vents

Where a pipeline on or in a structure is encased, the Casing shall be effectively opened or Vented at each end to prevent possible buildup of pressure and to detect leakage of gases or fluids.

H. Uncased Attachments

Where a Casing is not provided for a pipeline on or in a structure, additional protective measures shall be taken, such as employing a higher factor of safety in the design, construction and testing of the pipeline than would normally be required for encased construction.

I. Pipeline Shutoffs

Pipeline shutoffs, preferably automatic, shall be required within close proximity of attachments unless other sectionalizing devices can isolate segments of the lines. Shutoff valves shall be located on both sides of a Highway Structure footing.

J. Brackets/Bolt Material

For painted steel structures, all brackets and bolt material in contact with the structure shall be hot-dipped galvanized. For weathering steel (ASTM A588, A709, etc.), all brackets and bolt material shall also meet an applicable ASTM weathering steel designation.

K. Connection Type

All attachments shall be bolted. Bolt holes are normally drilled 1/16 inch larger than the bolt diameter. No stainless steel bolts shall be used except on concrete or timber structures.

L. Welding

Welding to steel components is not permitted.

2. Bridges

The following standards are specific to Bridges and in addition to the General Standards listed above.

A. General

(1) First Girder/Beam

All Facilities attached to a Bridge shall not be located outside the first girder or beam, except for precast box beam and voided slab as long as they were originally designed for Facility installation.

(2) Precast & Truss Bridges

Attachments that are not incorporated in the original Bridge design will not be permitted on either precast concrete Bridges or on the main truss members of a truss Bridge.

(3) Vertical Clearances

Vertical clearances for any Highway or Railroad overpasses or for Bridges over navigable waters shall not be reduced from existing conditions.

(4) Conduits in New Bridges

When a request is made during the design phase of a proposed Bridge, MaineDOT may allow Conduits to be incorporated into the construction of the Bridge. The Authorized Entity will be responsible for the additional costs relating to such accommodation. Facilities shall not be allowed in the bridge sidewalk, bridge rail or hollow bridge members that are not of sufficient size to allow maintenance personnel to maintain the structure while protecting the Facility.

(5) Connections to the Bottom of Bridge Decks

No Facility connections shall be allowed to the bottom of the bridge deck.

(6) Load And Resistance Factor Rating (LRFR)

A Utility must perform a LRFR load rating in accordance with the AASHTO Manual for Bridge Evaluation, current edition, and the MaineDOT Load Rating Guide when considering attachment to an existing bridge structure. The Utility shall not be allowed on structures whose legal load ratings are less than 1.0.

(7) Hazardous Transmittant Pipelines

Hazardous Transmittant pipelines shall not be allowed to attach to bridges over traffic. Hazardous Transmittant Pipelines attached to bridges over waterways shall have shutoff valves placed at each end of the bridge. In the event of high water and/or debris threatening or reaching the bottom chord of the bridge, the pipeline shall be shut off on both ends of the bridge until the threatening conditions have subsided.

B. Connection Requirements

(1) Flanges/Webs

Drilled holes in the web area, which are located at least 6 inches from the flanges, are permitted. Attachments to the flanges are not permitted.

(2) Diaphragms

For any attachments located between two steel beams, replacement of the diaphragms with Facility support brackets may be permitted, provided the replacement is equal in strength to the original and of compatible materials.

(3) Holes through Abutments

Any holes through concrete abutments shall be core drilled and sealed with a waterproof seal, such as a link seal, to prevent water leakage and migration of fines.

(4) Approach Slabs

Cutting through concrete approach slabs may be permitted providing the slab is repaired to achieve the same strength as the original design. The method of these proposed repairs are to be reviewed and accepted by MaineDOT.

(5) Electric Supply Lines /Communication Lines

Buried cable shall be carried to a manhole located beyond the backwall and/or approach slabs of the Bridge. Carrier and Casing pipe should be suitably insulated from Electric Supply Line attachments.

(6) Clearances

(a) A minimum offset of 12 inches from any point on the main carrying members (flanges & webs) and substructure units (foundations) to the edge of the outer face of the pipe or insulation is required. Additional clearance may be required for smaller beams or Facilities over 12 inches to ensure adequate access for future maintenance.

(b) Brackets shall be located a minimum of 6 inches above the bottom flange of the steel beams to allow sufficient clearance for rolled staging.

(c) A minimum 2-foot clearance is required on at least one side of any Facility attachment located between beams to allow access for maintenance.

(d) Any attachments to concrete members (such as abutments, piers, and concrete slab superstructures) require a minimum 12-inch clearance.

3. Buried Highway Structures

A. Clearance

For buried Highway Structures, the preferred location for any Facilities is at the edge of the right of way or at least 15 feet upstream or downstream from the end of the structure. If it is not possible to be located in this manner and the Facility must be buried in the roadway, a 12-inch vertical clearance from the structure to the Facility is required.

B. Additional Design Requirements

All Facilities and Appurtenances must be located and designed to allow reasonable replacement of Highway Structures. In most cases, excavation slopes will be at least 1.5:1. For example: a 10-foot pipe with 3 feet of fill will necessitate an excavation width at the roadway surface of at least 50 feet in length. Facilities installed within such areas shall be designed and constructed with due consideration given toward providing temporary support of the Facility during replacement or repair of the Highway Structure.

SECTION 14. EXCEPTIONS AND APPEALS

1. Exceptions

MaineDOT may authorize an exception to any provision of these rules whenever it determines that an exception will best serve the purpose of the Highway corridor, or that compliance with the requirement would be unduly burdensome, and granting the exception would not undermine the purpose of these rules. Some considerations that may contribute to such a decision include:

A. Application of the standards presents an exceptional hardship or unreasonable cost under the circumstances;

B. A unique situation exists which could not have been anticipated or considered in the development of these rules;

C. All affected parties, as determined by MaineDOT, jointly agree to a lesser requirement that is supported by applicable National Standards; or

D. The requirements stated herein exceed the limits of the available Highway corridor.

In instances where an applicant initiates a request for an exception, MaineDOT may require documentation demonstrating that any other location is extremely difficult and costly to the consumer and that the installation will not adversely affect the design, construction, stability, traffic safety or operation of the Highway. Requests for exceptions shall be in writing and shall state the reasons for the requested deviation from the rules. This written request must accompany the application for a Location Permit and be transmitted to the Region Engineer for action.

2. Appeals

The applicant has the right to appeal a negative finding for an exception. All appeals shall be submitted in writing to the MaineDOT Director of the Bureau of Maintenance and Operations, detailing the reason for the requested exception and the basis for an appeal of the previous finding. MaineDOT will review the request, and a final decision will be issued in writing.

3. FHWA Approval

The approval of requests by utilities to use or occupy Right-of-Way on Federal-Aid Highway Projects requires the prior concurrence of the FHWA Maine Division office when a proposed installation is not in accordance with 23 CFR 645 or with the MaineDOT Utility Accommodation Rules.

EFFECTIVE DATES:

February 10, 2002 – filing 2002-63 (New)

July 28, 2009 – filing 2009-376 (Amended)

October 14, 2014 – filing 2014-256 (Repealed and replaced)

December 1, 2018 – filing 2018-261 (Amended)

April 5, 2021 – filing 2021-067 (Amended)

APPENDIX

Typical Cross Section Elements (2014)

Standard Detail 604(18), Utility Structures (2014)

Moratorium Pavement Restoration Detail (Revised 2021)

Trench Restoration Detail (Revised 2021)

Underground Electric Lines Detail (Revised 2021)

Utility Poles Located Behind Guardrail Systems (2018)

Gas Distribution and Service Installation Detail (2014)

Chapter 220 Relocating Utility Facilities Underground in Federally Designated Historic Districts on Federal-aid Highways

Code Me. R. 17-229 Ch. 220 Relocating Utility Facilities Underground in Federally Designated Historic Districts on Federal-Aid Highways {#sec-17-229-ch.-220 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 220}

SUMMARY: This chapter sets forth rules and procedures adopted by the Maine Department of Transportation (MaineDOT) to administer a program of reimbursement for the underground relocation of utility facilities on federal-aid highways in federally designated historic districts, pursuant to 23 M.R.S.A. §4210-A.

Section 1. Purpose and authority

This Chapter establishes rules and procedures for the administration of a program of reimbursement for the underground relocation of existing overhead utility facilities in federally designated historic districts where utility relocation is necessary due to a Federal-aid highway project on a highway that is part of the National Highway System and where underground utility relocation is requested for the benefit of a National Register Historic District (NRHD). It is adopted pursuant to P.L. 2005, c. 282, “An Act To Facilitate Reimbursement of Public Utilities Relocation Costs”, as amended by P.L. 2007, c. 306; see 23 M.R.S.A. §4210-A.

Section 2. Definitions

For the purposes of this chapter, the following words have the following meanings unless the context indicates otherwise.

Adverse Effect. An “Adverse Effect” means when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. (36 CFR §800.5)

Betterment. “Betterment” means any additional feature, upgrade, or change in capacity or character of the facility, or an increase in its useful life.

Delivering the Federal Surface Transportation Program. “Delivering the Federal Surface Transportation Program” means the entire process by which MaineDOT applies funding received from the Federal Highway Administration and other sources to the construction, reconstruction, improvement or repair of highways that are part of the National Highway System and eligible for Federal aid.

Eligible Project. “Eligible Project” means a project for the construction, reconstruction, improvement or repair of a highway on the National Highway System that is eligible for federal aid under the FSTP and that has either been identified as a project candidate in MaineDOT’s mid-term plan (a.k.a., Six-Year Plan) or has received funding approval.

Eligible reimbursement area. “Eligible reimbursement area” means an area that is within the right-of-way limits of an eligible project and also within the limits of a National Register Historic District.

Existing overhead utilities. “Existing overhead utilities” means lawfully located aboveground facilities such as wires, lines, cables or similar devices, and necessary related appurtenances, used for or in connection with the transmission of electric power or telephone, cable television or communications signals.

Historic site. "Historic site" means any site, structure, district or archaeological site which has been officially included on the National Register of Historic Places and/or on the Maine Historic Resource Inventory, or which is established by qualified testimony or evidence as being of historic significance.

Lawfully located. “Lawfully located” means placed, existing and maintained in compliance with MaineDOT’s Utility Accommodation Policy Rules, 17-229 CMR chapter 210, and all other applicable statutes, Rules and permitting requirements, as determined by MaineDOT.

Local entity. “Local entity” means either an NRHD, a municipality acting on behalf of an NRHD or a third party consisting of an NRHD and a municipality.

National Register Historic District (NRHD). “National Register Historic District” means a district that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 United States Code, Section 470 et seq.

Relocation. For purposes of the rule, “Relocation” means the process by which existing overhead utilities are moved from one location within a public highway right-of-way and lawfully located at an alternate location underground within the public highway right-of-way in connection with an eligible project. “Relocation” does not include any action that results in improvements to, or extension of, service, or that in any way constitutes a betterment, as determined by MaineDOT.

Underground relocation. “Underground relocation” means relocation of existing overhead utilities in an eligible reimbursement area to an underground location also within that eligible reimbursement area.

Section 3. Reimbursement of local entities by MaineDOT

To the extent that such payments are eligible for reimbursement under the FSTP, MaineDOT may, subject to this Chapter, reimburse local entities for up to 80% of the eligible costs paid by a local entity for the difference between the cost of underground relocation of existing overhead utilities in eligible reimbursement areas and the cost that those utility facility owners would have incurred to relocate those same facilities if they were relocated above ground.

MaineDOT’s responsibility for reimbursement of costs associated with underground relocation of existing overhead utilities is limited to eligible reimbursement areas as defined in this Chapter.

Underground relocation costs eligible for reimbursement by MaineDOT under this Chapter may include consideration of utility requirements, landscaping and other appropriate considerations, as determined by MaineDOT.

MaineDOT will not reimburse costs associated with or resulting from any action that results in a betterment, or improvements to, or extension of, service, as determined by MaineDOT.

MaineDOT will not reimburse costs associated with or resulting from service connections or related work beyond the project right-of-way limits.

MaineDOT will not reimburse costs associated with or resulting from the acquisition of additional rights-of-way outside the limits of state or state aid highway right-of-way.

MaineDOT will not reimburse costs associated with estimates relating to the relocation of utilities.

Section 4. Coordination of Underground Relocation

At the request of a local entity, MaineDOT will coordinate the underground relocation of existing overhead utilities in eligible reimbursement areas on eligible projects.

Prior to design of the underground relocations, applicants will provide MaineDOT with complete, utility approved detailed estimates of:

the cost to relocate all existing overhead utilities within an eligible reimbursement area to alternate above ground locations; and

the cost to relocate those same existing overhead utilities to alternate underground locations.

As early as possible in the planning stages of an eligible project, MaineDOT will, as part of this coordination process, determine whether the proposed underground relocation will result in any adverse effects on the NRHD or any historic site, and will communicate its determination to the local entity.

MaineDOT may decline to participate in, or entertain requests for cost reimbursement of, underground relocations under this Chapter that it determines will, or are likely to, result in an adverse effect on an NRHD or any historic site.

Section 5. Reimbursement of utility facility owners by local entities

On eligible projects where MaineDOT has agreed to perform coordination of underground relocation, a local entity will pay utility facility owners for the difference between the cost of underground relocation of existing overhead utilities in eligible reimbursement areas and the cost that those utility facility owners would have incurred to relocate those same facilities if they were relocated above ground. Utility facility owners will calculate this difference by subtracting their estimated cost for relocating above ground from their estimated cost for relocating underground.

The MaineDOT will not reimburse for costs associated with any action that results in a betterment, or that generates costs associated with improvements to, or extension of, service, as determined by MaineDOT. The cost for any such betterment, expansion or improvement must be borne by the owners of the utility facilities.

Section 6. Source of funding and limitation on reimbursements

Funding for reimbursement of local entities under this Chapter will be derived from, and awarded as part of, the existing Transportation Enhancement (TE) Program. Funding under this Chapter shall not be derived from any other FSTP programs.

The total of reimbursements paid by MaineDOT to local entities under this Chapter in any biennium shall not exceed the total amount of FSTP funds available to reimburse the State in that biennium under the TE Program, 23 USC §133 (b) (8).

Section 7. Application for reimbursement of eligible relocation costs

To obtain reimbursement under this Chapter, a municipality must, in response to MaineDOT’s biennial municipal solicitation, apply for federal TE funding under the Landscaping and Scenic Beautification category. Fully completed application forms must be submitted to MaineDOT by a designated deadline and are subject to a competitive process. All TE applications are prioritized and selected for funding by MaineDOT. A successful municipality will be notified in writing, and once a state-local agreement is executed, a MaineDOT project is established. In the case of relocated overhead utilities underground, the MaineDOT project will be linked to an eligible project and terms for reimbursement will be outlined in the agreement.

Section 8. Miscellaneous

Nothing in this Chapter is intended, or shall be construed, to:

1. establish any obligation on the part of MaineDOT to directly reimburse owners of utility facilities;

2. establish any cause of action or basis for appeal on behalf of owners of utility facilities;

3. increase MaineDOT’s cost or liability in complying with the National Historic Preservation Act, 16 USC §470 et seq. or with 49 USC §303; or

4. waive any of the rights, privileges and immunities of the State of Maine, including those enjoyed under the 11th Amendment to the Constitution of the United States of America, except as specifically provided herein.

Section 9. Appeal

Appeal of final agency action pursuant to this Chapter shall be governed by the standard provisions for judicial review contained in the Maine Administrative Procedure Act, 5 M.R.S.A. §1101 et seq.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §4210-A
• EFFECTIVE DATE: March 24, 2010 – filing 2010-86
• EFFECTIVE DATE: 17-229 Chapter 521 page 5

Chapter 299 Highway Driveway and Entrance Rules

Code Me. R. 17-229 Ch. 299 Highway Driveway and Entrance Rules {#sec-17-229-ch.-299 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 299}

PART A: DRIVEWAY RULES

1. GENERAL PROVISIONS 1

1.1 Definitions 1

1.2 Purpose and Authority 3

1.3 Applicability 4

A. General 4

B. Relationship to Municipal/Land Use Regulation Commission (LURC) Requirements 4

2. TECHNICAL STANDARDS 4

2.1 Basic Safety Standards 4

A. Sight Distance 4

B. Driveway Width 4

C. Corner Clearance 4

D. Turnaround Area / Parking 5

E. Drainage Standards 5

F. Intersection Angle/Radius of Edges 6

G. Double Frontage Lots 6

2.2 Mobility Arterial Standards 6

A. Mobility Sight Distance 6

B. Spacing Between Driveways 6

C. Mobility Arterial Corner Clearance 7

D. Controlled Access Off-Ramp Setbacks 7

E. Shared Driveways 7

2.3 Retrograde Arterial Standards 7

3. ADMINISTRATION 7

3.1 Application 7

3.2 On-Site Meeting 8

3.3 Review and Decision 8

A. Review Time 8

B. Approvals 8

C. Waiver of Standards 9

D. Denials 11

E. Permit Expiration 11

3.4 Permit By Rules for Forest Management & Farming 11

A. Filing the Permit By Rule 11

B. Applicable Standards 11

C. Change of Use 11

D. PBR Approval 11

3.5 Reconsideration 12

3.6 Violations & Penalty 12

3.7 Appeals 12

APPENDICES

(APA Office Note: electronic versions of the appendices, except for Appendix H, are not available at this time. Please contact the Department of Transportation for paper copies.)

A. Maine Department of Transportation (MaineDOT) Contact Information

B. List of Citations and Associated Text

C1. List of State and State Aid Highways outside Urban Compact Areas Affected by the Driveway and

Entrance Rules, including Major Collectors, Non-Compact Arterials

C2. List and Description of Mobility Arterial and Retrograde Arterial Corridors

D. List of Urban Compact and Service Center Communities

E. Permit By Rule (PBR) Application Form for Forest & Farm Activities

F. Application Form for Driveways and Entrances

G. MaineDOT Standard Design Details

H. Change of Use of Activity Categories 13

1. GENERAL PROVISIONS

1.1 Definitions

For the purposes of this rule, the following definitions will apply. If not defined below, the definitions contained in companion rules, Part B, Entrances Rules, as well as in 17‑229 Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits, will apply. If not defined in these rules, words, terms and phrases will have their commonly accepted meaning.

 Access. A public or private point of entry or exit from land adjacent to a public highway used by motor vehicles as defined in Title 29-A MRSA ,Chapter 1, Section 101. The specific point may be described as an entrance or a driveway depending upon the land use and volume of traffic generated by that use. An access may be a driveway or an entrance depending upon the type of land use and volume of traffic generated by that use.

 Access Point. The intersection of an existing or proposed access with the public right of way.

Alteration. A significant physical change to an access existing on or after the effective date of these rules, including significant changes to location, width, cross-section, grade, or drainage characteristics of the access. Paving a gravel access will not be considered an “alteration” unless accompanied by other such changes.

 Applicant. The person applying for the permit. Normally, this will be the owner of the property but can be another party provided that person (or organization) has been granted permission from the property owner to act on their behalf.

 Arterial. A highway providing long-distance connections as approved by the Federal Highway Administration pursuant to 23 Code of Federal Regulations, Section 470.105(b)(1999) and as so designated by MDOT.

 Change in Use. A change in activity occurring on the property accessed by the driveway that will result in (a) an intermittent or seasonal use becoming permanent or year round, or (b) an increase in daily traffic, or (c) a “significant drainage risk” as described in section 2.1(E)(3). Examples include changes in use (a) from farming or forestry to a single-family dwelling (b) from a single-family dwelling to a residential subdivision or multi-unit building(s) with six or more units, and (c) from residential use to commercial use; (d) an office expansion adding employee, patron or service capacity is a change in use when the daily traffic increases from under 50 trips per day to more than 50 trips per day. A change in ownership alone is not a change in use. An increase in activity from under 50 trips per day to over 50 trips per day is always considered a change in use. A change from seasonal residential to year-round residential is not considered a change of use under this definition. A more complete list of examples is listed in Appendix H.

 Corner Clearance. The minimum distance, measured parallel to a highway, between the nearest curb, pavement or shoulder line of an intersecting public way and the nearest edge of a driveway excluding its radii.

 Driveway. A type of access that serves one of the following land uses: residential (up to five dwelling units); home-based occupations; forest management activities; farming; low impact industrial (e.g. substations), unless MaineDOT demonstrates, in accordance with the latest edition of the ITE Trip Generation Manual, published by the Institute of Traffic Engineers that the use generates 50 or more vehicle trips per day.(see “ENTRANCE”). Driveways may consist of surface material such as mineral soil, gravel, asphalt or other natural or man-made material constructed or created by repeated passage of on-road vehicles.

Effective date of rules. Minor Technical aspects of this rule became effective on April 5, 2002 and Major Substantive aspects became effective on May 25, 2002.

 Entrance. A type of access that serves one of the following land uses: residential (serving six or more dwelling units); housing developments; retail, office, or service business including department store, strip mall, convenience store, gas station, auto repair shop, restaurant, or similar use unless the applicant demonstrates to the satisfaction of MaineDOT, in accordance with the latest edition of the ITE Trip Generation Manual, published by the Institute of Transportation Engineers that the use generates less than 50 vehicle trips per day. Rules for Entrances are contained in Part B.

 Forest Management Activities. Activities consisting of timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, timber-stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar or associated activities.

 Forest Management Road. A route or track consisting of a bed of exposed mineral soil, gravel or other surfacing material constructed for or created by the repeated passage of motorized vehicles and used primarily for forest management activities, including associated log yard and winter haul roads.

 Larger vehicle. A vehicle that has a larger length, width or turning radius and/or lesser acceleration capability than standard passenger vehicles or small trucks. Larger vehicles include busses, commercial trucks, and recreational vehicles.

 Lot(s) of Record. A lot or lots for which the deed was legally recorded on or before the effective date of this rule or which was created by a plan legally recorded in the County Registry of Deeds on or before the effective date of this rule.

 MaineDOT, MDOT or the Department. The Maine Department of Transportation.

 Mobility Arterial or Mobility Arterial Corridor. A Non-Compact Arterial that (1) has a posted speed limit of 40 mph or more and is part of an arterial corridor located between Urban Compact Areas or Service Centers that carries an average annual daily traffic of at least 5,000 vehicles per day for at least 50% of its length or (2) is part of a Retrograde Arterial Corridor located between Mobility Arterials described in (1). Mobility Arterials are listed in Appendix C.

 Mobility Sight Distance. The sight distance required to allow a vehicle entering the highway to reach 85 % of the posted speed without being overtaken by a vehicle traveling at the posted speed and approaching the entering vehicle from behind .

 Non-Compact Arterial. An Arterial that lies outside Urban Compact Areas of Urban Compact Communities.

 Permit by Rule. A simplified procedure for forest management and farmingactivities by which the applicant may obtain a permit for maintenance or construction of a driveway necessary for the duration of the operation or activity.

 Posted Speed. The speed limit set and maintained by MaineDOT, or limited by statute as defined in Title 29A, MRSA, Chapter 19, Section 2024.

 Retrograde Arterial or Retrograde Arterial Corridor. A Mobility Arterial where the access related crash-per-mile rate exceeds the 1999 statewide average for Arterials of the same-posted speed limit. Retrograde Arterials are listed in Appendix C.

 Service Center. Communities that serve the surrounding region, drawing workers, shoppers and others into the community for jobs and services. A list of Urban Compact and Service Center Communities is attached as Appendix D.

 Sight Distance. The length of unobstructed sight line of motor vehicle drivers in normal daylight conditions. Sight distance is measured from the perspective of a hypothetical person seated in a vehicle from three vantage points: (1) sitting in the access viewing vehicles traveling on the highway (both left and right), (2) traveling on the highway viewing a vehicle sitting in an access and (3) traveling on the highway viewing a vehicle turning into the access(both ahead and behind). In case of discrepancy between these measurements, the lesser measurement will be used to determine whether the sight distance standard is met. Sight distance is measured to and from the point on the centerline of the proposed access that is located 10 feet from the edge of traveled way. The height of the hypothetical person’s view is considered to be 3½ feet above the pavement and the height of the object being viewed is considered to be 4¼ feet above the pavement.

 State or State Aid Highways. Highways designated by MaineDOT as a State or State Aid Highway pursuant to 23 M.R.S.A. §53. State and State Aid Highways are listed in Appendix C.

 Urban Compact Areas. Areas defined and established pursuant to 23 M.R.S.A. § 754 as of the effective date of this rule. A list of Urban Compact and Service Center Communities is attached as Appendix D.

 Vehicle trip. Moving from an origination point to a destination point, one-way. It is not a round trip.

1.2 Purpose and Authority

The purpose of the driveway rules is to manage access to the highway in a manner that protects the safety of access and highway users, protects the highway system from the negative impacts of drainage , preserves mobility and economic productivity related to highway transportation, and avoids the long term cost of constructing new highway capacity. This rule is authorized by 23 M.R.S.A. §52 and §704.

1.3 Applicability

A. General. This rule applies (1) to all public or private accesses onto state and state aid highways located outside urban compact areas, (2) the alteration of existing driveways onto said highways, and (3) to changes in use on the property serviced by such existing driveways.

B. Relationship to Municipal or Land Use Regulation Commission (LURC) Requirements. Nothing in this rule supplants any municipal ordinance or LURC regulation. Where the requirements of this rule differ from a requirement of a municipal ordinance or LURC regulation, the most stringent or restrictive requirement as relates to the purpose of these rules will apply.

2. TECHNICAL STANDARDS

Driveways onto any state and state aid highway located outside urban compact areas must comply with the basic safety standards in Section 2.1. If the driveway is onto a Mobility Arterial, it must also comply with the additional or increased standards set forth in Section 2.2. If the driveway is onto a Retrograde Arterial, it must also comply with the additional or increased standards set forth in Sections 2.2 and 2.3.

2.1 Basic Safety Standards

A. Sight Distance. The minimum allowable sight distances for all accesses onto all state and state aid highways located outside urban compact areas are set forth in Table 1. MaineDOT may require up to 50% greater sight distances when at least 30% of the traffic using the driveway will be by larger vehicles.

Table 1 – Sight Distance

Posted Speed Sight Distance

(MPH) (Feet)

20 155

25 200

30 250

35 305

40 360

45 425

50 495

55 570

60 645

B. Driveway Width. Unless a waiver is granted pursuant to Section 3.3(C), driveway width within the highway right of way must be between 12 and 22 feet inclusive. The width of a driveway is the distance across the driveway, excluding radii, measured parallel to the highway.

C. Corner Clearance. Unless a waiver is granted pursuant to Section 3.3(C), the minimum corner clearance for driveways is 75 feet for un-signalized intersections and 125 feet for signalized intersections except that at no time will a driveway be located on the radius of the two intersecting roadways.

D. Turnaround Area / Parking. Driveways will be designed such that all maneuvering and parking of any vehicles will take place outside of the highway right of way and such that vehicles may exit the premises without backing onto the highway traveled way or shoulder. All driveways will have a turnaround area at least 8 feet wide by 15 feet long. MaineDOT may require a larger turnaround area to accommodate larger vehicles that are expected to use the driveway on a regular basis. Where the state or state aid roadway speed limit is posted at or below 35 mph, a waiver may be granted, in accordance with Section 3.3(C) for a use in existence as of May 25, 2002 that proposes a driveway alteration or change of use so long as the change of use generates no more than 50 trips per day.

E. Drainage Standards.

(1) Culvert Size. Pursuant to 23 M.R.S.A. §705, MaineDOT will determine the diameter of culverts within the highway right of way depending upon local conditions.

(2) Construction and Maintenance Standards. Driveways, on-site ditches, swales, pipes and other structures that direct runoff toward MaineDOT ditches or drainage systems must be constructed, crowned, stabilized and maintained with stable materials and appropriate erosion control measures such as permanent vegetation or stone.

(3) Mitigation. If the proposed development poses a significant drainage risk, then the applicant must mitigate the impacts of increases in peak flow from storms into MaineDOT drainage systems through measures specified by MaineDOT, unless a waiver is granted pursuant to section 3.3(C). Mitigation measures may include on-site controls, off-site improvements, or payment of a fee pursuant to 23 M.R.S.A. §57‑A. A “significant drainage risk” exists (a) when the applicant proposes a fixed connection to a closed system drainage structure owned by MaineDOT or (b) when MaineDOT determines, using accepted engineering and hydrologic principles, that: (i) the proposed driveway has a grade of 10% or greater for a length of 150 feet or more draining toward the highway; (ii) the proposed development has more than 10,000 square feet of impervious surface draining toward the highway , or (iii) the proposed development will substantially contribute to the failure of a downstream MaineDOT facility. “Impervious surfaces” are the footprint of buildings, pavement, gravel, or other low-permeability or compacted surfaces, not including natural or man-made water bodies. “Peak flow” is the greatest rate of flow in a drainage way, measured as volume per unit of time, resulting from storms up to a 50-year event.

F. Intersection Angle / Radius of Edges. To the maximum extent practical, the driveway will be constructed perpendicular to the highway at the access point. The minimum radius on the edge of a driveway, if any, must be 10 feet. MaineDOT may require that the edges of the driveway have a radius if larger vehicles are expected to use the driveway on a regular basis.

G. Double Frontage Lots. Unless a waiver is granted pursuant to Section 3.3(C), driveways for lots with frontage on a Non-compact Arterial and another public way, will be restricted to the other public way, unless MaineDOT determines that queuing of traffic entering a driveway off the other public way would interfere with traffic on the Non-compact Arterial due to insufficient lot frontage along the other public way. If the other public way is a mobility or retrograde arterial, the driveway must be located on the highway frontage that allows the intent of this rule to be most effectively and efficiently met.

2.2 Mobility Arterial Standards

In addition to the standards in Section 2.1, driveways onto Mobility Arterials must also comply with the increased or additional standards in this Section 2.2.

A. Mobility Sight Distance. Unless a waiver is granted pursuant to Section 3.3(C), the sight distance for driveways onto Mobility Arterials must meet or exceed the distance listed in Table 2. Sight distance is measured in accordance with its definition.

Table 2 - Mobility Sight Distance

Posted Speed Sight Distance

(MPH) (Feet)

20 Not applicable

25 Not applicable

30 Not applicable

35 Not applicable

40 580

45 710

50 840

55 990

60 1,150

B. Spacing Between Driveways. Unless a waiver is granted pursuant to Section 3.3(C), new driveways onto Mobility Arterials must be separated from other existing or proposed driveways or entrances including those located across the highway and those serving the same lot, in accordance with the minimum spacing standards set forth in Table 3. Driveway spacing is measured from edge of proposed driveway/entrance to edge of driveway/entrance, excluding radii. Driveways or entrances located directly across the highway from the proposed driveway are not counted in applying the spacing standard .

Table 3 – Minimum Driveway Spacing Standards

Posted Speed Driveway Separation

(MPH) (Feet)

25 or less Not applicable

30 Not applicable

35 Not applicable

40 175

45 265

50 350

55 or more 525

C. Mobility Arterial Corner Clearance. The minimum corner clearance for driveways onto Mobility Arterials must be 125 feet, except as provided in Section 2.2(D) and unless a waiver is granted pursuant to Section 3.3(C). The Department of Transportation may require greater corner clearance if the department determines it is necessary to prevent a significant impact on public safety or a reduction in the posted speed limit.

D. Controlled Access Off-Ramp Setback. The minimum corner clearance for driveways onto Mobility Arterials from a controlled access off-ramp must be 500 feet, unless a waiver is granted pursuant to Section 3.3(C). Minimum corner clearance for driveways onto Mobility Arterials from controlled access on-ramps must meet the requirements of section 2.2 (C).

E. Shared Driveways. Whenever possible, property owners will seek opportunities for shared driveways onto Mobility Arterials.

2.3 Retrograde Arterial Standards

In addition to the applicable standards in Sections 2.1 and 2.2, applicants for driveways onto Retrograde Arterials may be required to create or expand paved shoulders for a length not to exceed 75’ on either side of the proposed driveway and pave the apron of the proposed driveway if MDOT reasonably determines that, when built, the driveway will significantly impact public safety or will necessitate a reduction in posted speed.

3. ADMINISTRATION

In cases of new driveways, or those involving a change of use, a MaineDOT permit is required prior to the commencement of any site work or construction of or addition to the building(s), or other improvement(s) activity relating to the change of use, or in cases not involving such construction, prior to commencement of the new activity that constitutes the change of use. In cases of alterations of existing driveways, a MaineDOT permit is required prior to commencement of construction or alteration of the portion of the driveway that lies within the state or state aid road .

3.1 Application

The applicant shall complete MaineDOT’s Driveway Permit Application form and submit it to the MaineDOT Regional Office having jurisdiction over the state or state aid highways onto which the driveway is proposed. MaineDOT may reduce the amount of information required on a case-by-case basis as necessary to assure compliance with the applicable driveway standards. If an applicant seeks a waiver from the driveway standards, the request and the reasons for the requested waiver must be submitted as an attachment to the application form.

3.2 On-Site Meeting

If MaineDOT determines that a site visit is required to assure compliance with this rule, or if the applicant requests a site visit, MaineDOT will arrange an on-site meeting with the applicant within one business week of receiving an application.

3.3 Review and Decision

A. Review Time. MaineDOT must issue a permit decision within 15 business days of an applicant’s filing a complete application unless MaineDOT reasonably determines additional information or time is needed to make a decision.

B. Approvals. MaineDOT may approve the application and issue a permit subject to any conditions necessary to assure compliance with the applicable driveway standards. Approvals will include a brief statement of the findings and conclusions that support approval. At a minimum, the property owner will be required to meet the following standard permit conditions:

(1) Provide, erect and maintain all necessary barricades, lights, warning signs and other devices as directed by MaineDOT to safeguard traffic properly while the construction is in progress.

(2) At no time cause the highway to be closed to traffic.

(3) Where the driveway is located within a curb, curb and gutter, and/or sidewalk section, completely remove the existing curb, curb and gutter, and/or sidewalk as may be required to create the driveway and restore drainage. All driveways abutting sidewalk sections shall meet the requirements set forth in the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq .

(4) Obtain, have delivered to the site and install any culverts and/or drainage structures which may be necessary for drainage, the size, type and length as called for in the permit pursuant to 23 M.R.S.A. §705. All culverts and/or drainage structures shall be new.

(5) Start construction of the proposed driveway within twenty-four (24) months of the date of permit issuance and substantially complete construction of the proposed driveway within twelve months of commencement of construction.

(6) Comply with all applicable federal, state and municipal regulations and ordinances.

(7) Not alter, without the express written consent of MaineDOT, any culverts or drainage swales within the MaineDOT right of way.

(8) File a copy of the approved driveway permit with the affected municipality or LURC, as appropriate within 5 business days of receiving the MaineDOT approval.

(9) Construct and maintain the driveway side slopes to be no steeper than the adjacent roadway side slopes, but in no case to be steeper than 3 horizontal to 1 vertical, unless the side slope is behind existing roadway guardrail, in which case it shall be no steeper than 2 horizontal to 1 vertical.

(10) Notify MaineDOT of a proposed change of use served by the driveway when increase in traffic flow is expected to occur. This does not exempt the need for obtaining a Traffic Movement Permit (TMP) if trip generation meets or exceeds 100 passenger car equivalents (pce) during the peak hour of the day.

(11) Construct or implement and maintain erosion & sedimentation measures sufficient to protect MaineDOT’s facilities.

(12) Driveways shall be designed such that all maneuvering and parking of any vehicles will take place outside the highway right-of-way and where vehicles will exit the premises without backing onto the highway traveled way or shoulders. All driveways will have a turnaround area to accommodate vehicles using the premises.

Applicants that seek a permit for a change in use or an alteration of a driveway that existed on the effective date of this rule that does not conform to the driveway standards outlined in the rule will be granted a permit as long as the change of use or alteration does not increase any such nonconformance and improves the safety and / or drainage of the driveway. If the proposed alteration is for relocation, the permit must require the elimination of the former driveway such that it can no longer be used to access the highway or adjacent land.

Conditions may include deed restrictions that shall be notarized and recorded at the appropriate Registry of Deeds within 90 days of permit issuance.

C. Waiver of Standards. Driveway standards may be relaxed or waived only as provided in these rules. Requests for waiver should be in writing and should be submitted as an attachment to the permit application; however, MaineDOT may receive a request during permit administration and such request shall be so noted on the application by the applicant.

1. Standards that may not be Waived: The sight distance standards of Section 2.1(A) may not be waived.

2. Further, waivers will not be granted to a property owner whose property has been granted limited access entrances in accordance with 23 M.R.S.A. §303.

3. Standards that may be Waived: Limited waivers relating to turnaround and parking requirements of section 2.1(D) may be granted for cases involving a change of use or alterations of an existing access that the Department determines will likely result in a net gain to public safety or will result in a reduction in its non-conformity with these rules. The spacing standards in Table 3 of Section 2.2 (B) may be waived only to the extent that lots of record existing as of May 25, 2002, the effective date of these rules, that do not have access to another public way and do not have sufficient lot frontage to meet these spacing standards, may be allowed access if the applicant meets the criteria for granting waivers set forth in section 3.3 (C) 4 below. On mobility arterial segments posted at 40 or 45 mph only, the spacing standards of Table 3 Section 2.2 (B) may be waived for lots created after May 25, 2002 only if;

a. the applicant meets the criteria of granting waivers set forth below and;

b. the proposed access is located within .2 of a mile of an existing 35 mph or less speed zone located on the mobility arterial to be accessed;

c. the proposed access is located in an area designated for growth in the municipality’s locally adopted comprehensive plan;

d. the subdivision requirements of 30-A M.R.S.A § 4404(5) are met, if applicable, and the applicant certifies that he/she will comply with the building permit requirements of 30-A 4103(3)(D); and

e. the proposed access will not have an unreasonable adverse impact on the Department’s ability to maintain the existing posted speed limit.

All other standards may be waived in accordance with the provisions of this section. Alterations or a change in use of an existing access that the Department determines will likely result in a net gain to public safety or will result in a reduction in its non-conformity with these rules are eligible for such waivers .

4. Criteria for Granting Waivers. Waiver requests will be granted if the applicant demonstrates, to the reasonable satisfaction of MaineDOT, that: (i) the waiver will not significantly detract from public safety, (ii) the proposed driveway meets the standards to the maximum extent practicable, and (iii) there is no feasible alternative.

a. In determining whether the granting of a waiver will detract from public safety, the department shall consider such factors as crash rates, traffic volumes, road geometrics, types and frequency of traffic moving to and from existing uses within 1000 feet of the proposed driveway.

b In determining practicability and feasibility, MaineDOT will consider the availability and cost of alternative driveway locations and designs in relation to the proposed use.

c. In cases involving alterations or changes of use of existing accesses, the Department may grant waiver requests if it determines the alteration will likely result in a net gain to public safety or will result in a reduction in the driveway’s non-conformity with these rules.

d. In cases involving double frontage lots, MaineDOT will consider the length of frontage on the Mobility Arterial, the intensity of traffic generated by the proposed use, the geography along the frontage of the other public way and the distance to the other public way.

e. The spacing requirement under Section 2.2 B Mobility Arterial Standards that “driveways or entrances across the highway must be considered” is hereby waived. Only existing or proposed driveways/entrances on the same side of the highway as proposed driveway or entrance need be considered in applying the spacing standard provided that the proposed driveway or entrance is located such to minimize traffic conflicts as approved by MaineDOT.

5. Waiver Procedure and Formalities. Upon receipt of the waiver request, MaineDOT will review the request and determine whether to grant the request, deny the request, or grant the request with any reasonable condition(s). Waiver determinations will be in writing and sent to the applicant. All waivers granted must be notarized and provide that the terms thereof attach to and run with the land and that failure to record the waiver in the appropriate Registry of Deeds within 90 days of the date of the waiver will cause it to be null and void. The applicant is responsible for such recording.

Reconsideration and appeal of waiver decisions must be made pursuant to Section 3.5 and 3.7.

D. Denials. When denying an application, MaineDOT will send the applicant a notice setting forth a brief statement of the reason for the denial (example - “the proposed driveway does not meet the sight distance standard) and the process for reconsideration.

E. Permit Expiration. A permit will expire within 24 months of the date of issuance if the driveway construction is not commenced. If waivers or conditions are not recorded at the appropriate Registry of Deeds within 90 days of permit issuance, the permit will expire.

3.4 Permit By Rule for Forest Management and Farming Driveways

A. Filing the Permit by Rule (PBR). Applications for driveways for forest management and farming activities shall be made pursuant to the Section 3.1 or by the Permit-by-Rule (PBR) process. To use the PBR process, the applicant must file a completed PBR application form with MDOT. The applicant may request approval of more than one driveway on one PBR form. The PBR application form will require sufficient information to allow the MDOT to assure compliance with the following minimum construction and maintenance standards.

B. Applicable Standards. Each driveway must meet the minimum sight distance standards set forth in Section 2.1, Table 1. The applicant must provide the available sight distance at the proposed driveway(s) on the PBR application form .

C. Change of Use. Property owners, or their agents, with driveways developed for forest management and farming activities on state or state aid highways who propose to convert the property use to a use other than for forest management or farming activities, must file for and obtain a permit for the proposed use.

D. PBR Approval. The PBR is approved once it is filed provided all applicable standards are met. If the PBR is found to be in non-compliance at any time after the filing date, the MDOT will notify the applicant who must remedy the non-compliance. In such instances, the MDOT may require conditions of approval as outlined in Section 3. 3. (B) and may limit the life of the driveway(s). If the applicant does not adhere to the conditions or correct the deficiencies, the MDOT may revoke the permit in accordance with the denial provisions of Section 3.3. (D) and may commence enforcement action against the applicant in accordance with Section 3.6.

3.5 Reconsideration

An applicant who is aggrieved by the MaineDOT permit decision, may request reconsideration by the Regional Manager, but must do so in writing within 30 business days after receipt of MaineDOT’s permit decision.

The request for reconsideration must set forth the findings and conclusions of MaineDOT to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested by the applicant and if MaineDOT determines a hearing is warranted, a hearing will be held in the community where the subject property is located, ordinarily within 15 business days of receiving the reconsideration request.

The MaineDOT Regional Manager will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the Regional Manager’s reasons for either affirming or modifying the original permit decision.

Appeal of a reconsideration decision must be made pursuant to section 3.7.

3.6 Violation & Penalty

Any violation of this rule is subject to a fine of $50 per day per violation. Such fine begins to accrue 30 calendar days after the MDOT sends notice of the violation to the landowner by regular and certified mail, unless within said 30 day period corrective action has been taken, or a written plan outlining corrective action to be taken is submitted and approved by MDOT. If the landowner fails to take timely corrective action in accordance with such approved plan as reasonably determined by MDOT, the fine will accrue from the date of such failure.

Reconsideration of a notice of violation may be requested in accordance with Section 3.5. Appeal of a reconsidered violation must be made pursuant to Section 3.7.

3.7 Appeals

Appeal of final decisions of the Regional Manager must be made in writing to the Commissioner within 15 business days of receipt of the reconsideration decision of the Regional Manager. The appeal decision of the Commissioner or his or her designee will be considered final agency action.

Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. §11001, et seq . and Rule 80C of the Maine Rules of Civil Procedure.

(APA Office Note: electronic versions of the appendices, except for Appendix H which follows, are not available at this time. Please contact the Department of Transportation for paper copies.)

Appendix H

Change of Use Categories:

Driveway Use Categories

Entrance Use Categories

Except for Farming and Forestry changes to other uses which always require a permit, change of use occurs when a use changes from one category to another and when trips per day increase.

For example: Multi Family changing from 3 to 5 units IS NOT a change in use (still a driveway).

However, Multi Family changing from 1 to 6 units is (Driveway to Entrance); Home business/service/ professional changing to Business Professional & Service under 50 trips IS a change in use; Institutional Uses under 50 trips changing to Retail Use under 50 trips IS a change in use. A Retail Use changing to an Institutional use is a change in use. A change of use permit will be required when a use within a driveway category increases activity on site to change from a driveway to an entrance.

Farming & Forestry uses under 50 trips per day

Farming & Forestry uses over 50 trips per day

Single Family, Duplex or Multi Family up to 5 units

Multi Family with 5 or more units

Home business /retail under 50 trips per day

Home business/retail over 50 trips per day

Home business/service/professional under 50 trips per day

Home business/professional/service over 50 trips per day

Business Professional & Service under 50 trips per day *

Business Professional & Service over 50 trips per day*

Institutional Uses under 50 trips per day**

Institutional Uses over 50 trips per day**

Retail uses under 50 trips per day

Retail uses over 50 trips per day

Manufacturing, Mineral Extraction, Warehousing and Storage uses under 50 trips per day

Manufacturing, Mineral Extraction, Warehousing and Storage uses over 50 trips per day

*Business Professional & Service uses include real estate, beauty shop, day care, lawyer, appraiser, appliance and residential machinery repair shops and similar uses

** Institutional Uses include schools, hospitals, courts, jails and similar uses

PART B: ENTRANCE RULES

1. GENERAL PROVISIONS 1

1.1. Definitions 1

1.2. Purpose and Authority 4

1.3. Applicability 4

A. General 4

B. Relationship to Municipal or Land Use Regulation Commission Requirements 4

2. TECHNICAL STANDARDS 4

2.1 Basic Safety Standards 5

A. Sight Distance 5

B. Entrance Width 5

C. Corner Clearance 5

D. Turnaround Area / Parking 5

E. Drainage Standards 6

F. Intersection Angle / Radius of Edges 6

G. Profile Requirements. 6

2.2 Major Collector & Arterial Standards 7

A. Paving of Entrance 7

B. Corner Clearance From Controlled Access Off-Ramp 7

C. On-Street Parking Requirements 7

D. Radius of Edges 7

E. Throat Length 7

F. Entrance Separator Strips 7

G. Loading Dock Requirements 8

H. One-way Entrance Requirements 8

I. Double Frontage Lots 8

2.3 Mobility Arterial Standards 8

A. Mobility Sight Distance 8

B. Spacing Between Entrances 9

C. Arterial Corner Clearance 9

D. Number of Entrances 10

E. Traffic Signal Restrictions 10

(1) Prohibition on 55 mph Arterials 10

(2) Signal Spacing Requirements 10

F. Limitation on Location of Public Facilities 10

G. Shared Entrances 11

H. Mitigation 11

2.4 Retrograde Arterial Standards 12

A. Traffic Study 12

B. Paved Shoulders 12

C. Mobility Enhancement Measures 12

3. ADMINISTRATION 12

3.1 Application 13

A. New Entrances 13

B. Alteration of Existing Entrances 13

C. Change of Use 13

D. Sources of Data and Information Requirements 14

3.2 On-Site Meeting 14

3.3 Review and Decision 14

A. Review of Application for Completeness 14

B. Review of Application for Issuance 14

C. Approvals 14

D. Waiver of Standards 16

E. Denials 18

F. Permit Expiration 18

3.4 Permit By Rule for Forest Management and Farming Entrances 18

A. Filing the Permit by Rule (PBR) 18

B. Applicable Standards 18

C. Change of Use 18

D. Permit By Rule Approval 19

3.5 Reconsideration 19

3.6 Violation and Penalty 19

3.7 Appeals 19

APPENDICES

(APA Office Note: electronic versions of the appendices, except for Appendix H, are not available at this time. Please contact the Department of Transportation for paper copies.)

A. Maine Department of Transportation (MaineDOT) Contact Information

B. List of Citations and Associated Text

C1. List of State and State Aid Highways outside Urban Compact Areas Affected by the Driveway and Entrance Rules, Including Major Collectors, Non-Compact Arterials

C2. List and Description of Mobility Arterial and Retrograde Arterial Corridors

D. List of Urban Compact and Service Center Communities

E. Permit By Rule (PBR) Application Form for Forest & Farm Activities

F. Application Form for Driveways and Entrances

G. MaineDOT Standard Design Details

H. Change of Use or Activity Categories See Page 13 of Driveway Rule, above

1. GENERAL PROVISIONS

1.1 Definitions

For the purposes of this rule, the following definitions will apply. If not defined below, the definitions contained in companion rules, Part A, Driveway Rules, as well as in 17‑229 Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits, will apply. If not defined in these rules, words, terms and phrases will have their commonly accepted meaning.

 Access. A public or private point of entry or exit from land adjacent to a public highway used by motor vehicles as defined in Title 29-A, Chapter 1, Section 101. The specific point may be described as an entrance or a driveway depending upon the land use and volume of traffic generated by that use. An access may be a driveway or an entrance depending upon the type of land use and volume of traffic generated by that use.

 Access Point. The intersection of an existing or proposed access with the public right of way.

 Alteration. A significant physical change to an existing access including significant changes to location, width, cross-section, grade, or drainage characteristics of the access. Paving a gravel access will not be considered an “alteration” unless accompanied by other such changes.

 Applicant. The person applying for the permit. Normally, this will be the owner of the property but can be another party provided that person (or organization) has been granted permission from the property owner to act on their behalf.

 Arterials. A highway providing long-distance connections as approved by the Federal Highway Administration pursuant to 23 Code of Federal Regulations, Section 470.105(b)(1999) and as so designated by MDOT.

 Change in Use. A change in activity occurring on the property accessed by the entrance that will result in (a) an intermittent or seasonal use becoming permanent or year round, or (b) an increase in daily traffic, or (c) a “significant drainage risk” as described in section 2.1(E)(3). Examples include changes in use (a) from farming or forestry to a single-family dwelling (b) from a single-family dwelling to a residential subdivision or multi-unit building(s) with six or more units, and (c) from residential use to commercial use. A restaurant expansion adding patron capacity is a change in use when the daily traffic increases from under 50 trips per day to more than 50 trips per day. Any change in activity that increases the daily trips from under 50 to over 50 trips per day is a change in use. A change in ownership alone is not a change in use. A more complete list of examples is listed in Appendix H.

 Corner Clearance. The minimum distance, measured parallel to a highway, between the nearest curb, pavement or shoulder line of an intersecting public way and the nearest edge of an entrance excluding its radii.

 Design Vehicle. The longest and widest vehicle expected to use the entrance on a regular basis as reasonably determined by MaineDOT. Regular basis means several times during any week; the use need not be daily.

 Designated Downtown. The area as defined in 30-A M.R.S.A. §4301, subsections 5‑A.A and 5-A.B.

 Driveway. A type of access that serves one of the following land uses: residential (up to five dwelling units); home-based occupations; forest management activities; farming; low impact industrial (e.g. substations), unless MaineDOT demonstrates, in accordance with the latest edition of the ITE Trip Generation Manual published by the Institute of Traffic Engineers, that the use generates 50 or more vehicle trips per day.(see “ENTRANCE”). Driveways may consist of surface material such as mineral soil, gravel, asphalt or other natural or man-made material constructed or created by repeated passage of on-road vehicles. Rules for Driveways are contained in Part A.

 Entrance. A type of access that serves one of the following land uses: residential (serving six or more dwelling units); housing developments; retail, office, or service business including department store, strip mall, convenience store, gas station, auto repair shop, restaurant, or similar use unless the applicant demonstrates to the satisfaction of MaineDOT, in accordance with the latest edition of the ITE Trip Generation Manual published by the Institute of Transportation Engineers, that the use generates less than 50 vehicle trips per day.

Effective Date of Rules. Minor Technical aspects of this rule became effective on April 5, 2002 and Major Substantive aspects became effective on May 25, 2002.

 Entrance Width. The distance across the entrance, excluding radii, measured parallel to the highway.

 Forest Management Activities. Activities consisting of timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, timber-stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar or associated activities.

 Forest Management Road. A route or track consisting of a bed of exposed mineral soil, gravel or other surfacing material constructed for or created by the repeated passage of motorized vehicles and used primarily for forest management activities, including associated log yard and winter haul roads.

 Larger vehicle. A vehicle that has a larger length, width or turning radius and/or lesser acceleration capability than standard passenger vehicles or small trucks. Larger vehicles include busses, commercial trucks, and recreational vehicles.

 Lot(s) of Record. A lot or lots for which the deed was legally recorded on or before the effective date of this rule or which was created by a plan legally recorded in the County Registry of Deeds on or before the effective date of this rule.

 MaineDOT, MDOT or the Department. The Maine Department of Transportation.

 Major Collector. A highway located outside the urban compact area that provides connections between Arterials and local roads as designated by MaineDOT. Major Collectors are listed in Appendix C.

 Mobility Arterial or Mobility Arterial Corridor. A Non-Compact Arterial that (1) has a posted speed limit of 40 mph or more and is part of an arterial corridor located between Urban Compact Areas or Service Centers that carries an average annual daily traffic of at least 5,000 vehicles per day for at least 50% of its length or (2) is part of a Retrograde Arterial Corridor located between Mobility Arterials described in (1). Mobility Arterials are listed in Appendix C.

 Mobility Sight Distance. The sight distance required to allow a vehicle entering the highway to reach 85 % of the posted speed without being overtaken by a vehicle traveling at the posted speed and approaching the entering vehicle from behind .

 Non-compact Arterial. An Arterial that lies outside Urban Compact Areas of Urban Compact Communities. Non-compact Arterials are listed in Appendix C.

 Permit by Rule. A simplified procedure for forest management and farmingactivities by which the applicant may obtain a permit for maintenance or construction of an entrance necessary for the duration of the operation or activity.

 Posted Speed. The speed limit set and maintained by MaineDOT, or limited by statute as defined in Title 29A, MRSA, Chapter 19, Section 2024.

 Retrograde Arterial or Retrograde Arterial Corridor. A Mobility Arterial where the access related crash-per-mile rate exceeds the 1999 statewide average for Arterials of the same-posted speed limit. Retrograde Arterials are listed in Appendix C.

 Service Center. Communities that serve the surrounding region, drawing workers, shoppers and others into the community for jobs and services. A list of Urban Compact and Service Center Communities is attached as Appendix D.

 Sight Distance. The length of unobstructed sight line of motor vehicle drivers in normal daylight conditions. Sight distance is measured from the perspective of a hypothetical person seated in a vehicle from three vantage points: (1) sitting in the access viewing vehicles traveling on the highway (both left and right), (2) traveling on the highway viewing a vehicle sitting in a access and (3) traveling on the highway viewing a vehicle turning into the access(both ahead and behind). In case of discrepancy between these measurements, the lesser measurement shall be used to determine whether the sight distance standard is met. Sight distance is measured to and from the point on the centerline of the proposed access that is located 10 feet from the edge of traveled way. The height of the hypothetical person’s view is considered to be 3½ feet above the pavement and the height of the object being viewed is considered to be 4¼ feet above the pavement.

 State or State Aid Highways. Highways designated by MaineDOT as a State or State Aid Highway pursuant to 23 M.R.S.A. §53. State and State Aid Highways are listed in Appendix C.

 Urban Compact Areas. Areas defined and established pursuant to 23 M.R.S.A. §754 as of the effective date of this rule. A list of Urban Compact and Service Center Communities is attached as Appendix D.

 Vehicle trip. Moving from an origination point to a destination point, one-way. It is not a round trip.

1.2 Purpose and Authority

The purpose of the rules is to manage access to the highway in a manner that protects the safety of access and highway users, protects the highway system from the negative impacts of drainage , preserves mobility and the economic productivity related to highway transportation, and avoids the long term cost of constructing new highway capacity. This rule is authorized by 23 M.R.S.A. §52 and §704.

1.3 Applicability

A. General. This rule applies to (1) all public or private accesses onto state and state aid highways located outside urban compact areas, (2) the alteration of existing entrances onto said highways, and (3) to changes in use on the property serviced by such existing entrances.

B. Relationship to Municipal or Land Use Regulation Commission (LURC) Requirements. Nothing in this rule supplants any municipal ordinance or LURC regulation. Where the provisions of this rule differ from a provision of a municipal ordinance or LURC regulation, the most stringent or restrictive provision as relates to the purpose of these rules will apply.

C. Traffic Movement Permit. Development that generates 100 or more passenger car equivalents in a peak hour in any one day must apply for a Traffic Movement Permit and need not apply for an Entrance Permit. Such development must comply with the performance standards outlined in this rule unless already more restrictive in the Traffic Movement Permit rule; however, all other application procedures, including the issuance of a permit, will be in accordance with requirements in 17‑229, Maine Administrative Rule, Chapter 305, Rules and Regulations Pertaining to Traffic Movement Permits pursuant to M.R.S.A. 23 704-A.

2. TECHNICAL STANDARDS

The technical standards that apply depend upon the type of highway. Entrances onto any state and state aid road located outside urban compact areas must comply with the basic safety standards in Section 2.1. If the entrance is onto a Major Collector or a Non-compact Arterial, it must also comply with the increased or additional standards in Section 2.2. If the entrance is onto a Mobility Arterial, it must also comply with the increased or additional standards in Sections 2.2 and 2.3. If the entrance is onto a Retrograde Arterial, it must also comply with the increased or additional standards in Sections 2.2, 2.3 and 2.4.

2.1 Basic Safety Standards

A. Sight Distance. The minimum allowable sight distances for all entrances onto all state and state aid highways located outside urban compact areas are set forth in Table 1. For standard passenger vehicles, the sight distances shown in the middle column apply. Unless a waiver is granted pursuant to Section 3.3(D), if more than 30% of the traffic projected to use the proposed entrance will be larger vehicles, the sight distances shown in the right hand column apply.

Table 1 – Sight Distance

Sight Distance Sight Distance

Posted Speed Standard Vehicles Larger Vehicles

(MPH) (Feet) (Feet)

20 155 230

25 200 300

30 250 375

35 305 455

40 360 540

45 425 635

50 495 740

55 570 855

60 645 965

B. Entrance Width. If 30% or less of the traffic projected to use the proposed entrance will be larger vehicles, the width of a two-way entrance within the highway right of way must be between 22 and 30 feet inclusive, unless a waiver is granted pursuant to Section 3.3(D). If more than 30% of the traffic projected to use the proposed entrance will be larger vehicles, the width of a two-way entrance within the highway right of way must be between 30 and 42 feet inclusive, unless a waiver is granted pursuant to Section 3.3(D). Entrances must be designed in accordance with the MaineDOT Standard Details included in Appendix G. Unless a waiver is granted pursuant to Section 3.3(D), the entrance width will be the minimum necessary to accommodate the design-vehicle.

C. Corner Clearance. Unless a waiver is granted pursuant to Section 3.3(D), the minimum corner clearance for entrances onto Major Collectors or Non-Compact Arterials must be 100 feet for un-signalized intersections and 125 feet for signalized intersections except that at no time will an entrance be located on the radius of the two intersecting roadways.

D. Turnaround Area / Parking. Entrances will be designed such that all maneuvering and parking of any vehicles will take place outside of the highway right of way and such that vehicles may exit the premises without backing onto the highway traveled way or shoulder. All entrances must have a turnaround area with a width of at least 8 feet and a length of at least 15 feet or the length of the design vehicle, whichever is greater.

E. Drainage Standards

(1) Culvert Size. Pursuant to 23 M.R.S.A. §705, MaineDOT will determine the diameter of culverts within the highway right of way depending upon local conditions.

(2) Construction and Maintenance Standards. Driveways, on-site ditches, swales, pipes and other structures that direct runoff toward MaineDOT ditches or drainage systems must be constructed, crowned, stabilized and maintained with stable materials and appropriate erosion control measures such as permanent vegetation or stone.

(3) Mitigation. If the proposed development poses a significant drainage risk, then the applicant must mitigate the impacts of increases in peak flow from storms into MaineDOT drainage systems through measures specified by MaineDOT, unless a waiver is granted pursuant to section 3.3(D). Mitigation measures may include on-site controls, off-site improvements, or payment of a fee pursuant to 23 M.R.S.A. §57‑A. A “significant drainage risk” exists (a) when the applicant proposes a fixed connection to a closed system drainage structure owned by MaineDOT or (b) when MaineDOT determines, using accepted engineering and hydrologic principles, that: (i) the proposed driveway has a grade of 10% or greater for a length of 150 feet or more draining toward the highway; (ii) the proposed development has more than 10,000 square feet of impervious surface draining toward the highway , or (iii) the proposed development will substantially contribute to the failure of a downstream MaineDOT facility. “Impervious surfaces” are the footprint of buildings, pavement, gravel, or other low-permeability or compacted surfaces, not including natural or man-made water bodies; “Peak flow” is the greatest rate of flow in a drainage way, measured as volume per unit of time, resulting from storms up to a 50-year event.

(4) Retail Fueling Station Requirements. Applicants with entrances for use by retail fueling stations must demonstrate that in the event of a spill, deposit of contaminants in the right-of-way of the state or state aid highway will be contained.

F. Intersection Angle / Radius of Edges. To the maximum extent practical, the entrance must be constructed perpendicular to the highway at the access point. Except where curbing exists or is proposed, the minimum radius on the edges of an entrance must be 10 feet, unless a waiver is granted pursuant to Section 3.3(D).

G. Profile Requirements. The profile of the entrance must comply with the MaineDOT Standard Details included in Appendix G, unless a waiver is granted pursuant to Section 3.3(D).

2.2 Major Collector & Arterial Standards

In addition to the standards in Section 2.1, entrances onto Major Collectors & Non-compact Arterials must also comply with the increased or additional standards in this Section 2.2.

A. Paving of Entrance. The entrance including all radii must be paved from the edge of pavement of the highway to the highway right-of-way or to the length of the design vehicle, whichever is greater, unless a waiver is granted pursuant to Section 3.3(D).

B. Corner Clearance from Controlled Access Off-Ramp. The minimum corner clearance from a controlled access off-ramp must be 500 feet, unless a waiver is granted pursuant to Section 3.3(D). Minimum corner clearance for driveways onto Mobility Arterials from controlled access on-ramps must meet the requirements of Section 2.1(C).

C. On-Street Parking. Except in Designated Downtowns with existing posted speeds at or below 35 mph, parking within the highway right-of-way is prohibited. In Designated Downtowns with posted speeds at or below 35 mph, only parallel or diagonal on-street parking is permitted. Perpendicular parking is prohibited. Direct access into one or more off-street parking spaces is prohibited. Parking must not be situated such that it blocks sight distance along the highway or where vehicle headlights within the parking area may interfere with vision of drivers on the highway.

D. Radius of Edges. Except where curbing exists or is proposed, the minimum radius on the edge of an entrance must be sufficient to allow the design vehicle to enter the entrance without encroaching into the path of exiting vehicles in accordance with the MaineDOT Standard Details included in Appendix G, unless a waiver is granted pursuant to Section 3.3(D).

E. Throat Length. The throat is a portion of an entrance used to store vehicles waiting to exit from the entrance. The throat must be of sufficient length to prevent incoming vehicles from queuing back into the highway. Access from the throat to parking or other areas is prohibited, unless a waiver is granted pursuant to Section 3.3(D).

F. Entrance Separator Strips. A separator strip is a strip of land that separates the roadway from the throat or parking area of an entrance. Entrance separator strips must be installed between the parking area and the roadway and along the throat, unless a waiver is granted pursuant to Section 3.3(D). The separator strip may include curbing, walkways, ditching or vegetation. The separator strip must extend away from the highway to the greater of (1) 5 feet from the right-of-way limits, (2) in areas where the right of way limits are defined by wrought portion, 7 feet from the edge of a clearly evident shoulder, or (3) in such wrought portion areas where a shoulder is not clearly evident, 9 feet from the edge of the traveled way. The property owner must maintain any vegetation within the separator strip such that it does not interfere with the sight distance at the entrance. In areas where sidewalks exist, curbing or wheel stops must be provided to prevent parking vehicles from interfering with pedestrian flow.

G. Loading Dock Requirements. Loading docks or other delivery areas must not be located within the right-of-way and must be situated so that delivery vehicles do not encroach on the highway right-of-way. All trucks must maneuver entirely on-site.

H. One-way Entrance Requirements. If a one-way system is proposed and the predominant traffic volume is truck traffic, the entrance will be configured on the minimum angle that permits the truck to enter or leave the highway safely and smoothly. Otherwise, all entrances will be configured perpendicular to the highway for at least the length of the design vehicle.

A physical separation of curbing, ditching, grass or other landscaping must be used for one-way entrances and must be designed and constructed to prevent adjacent one-way entrances from becoming one entrance in practice. Both portions of a one-way entrance on a single lot must be separated from another one-way entrance by at least 12 feet. Both portions of a one-way entrance abutting a sidewalk must have a minimum separation of at least 18 feet and allow for 7 foot terminal ends and at least a 4 foot header in between. A terminal end is the end section of a run of curb that is sloped to aid the design vehicle in turning into the entrance or to meet Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq ., requirements . A header is a piece of curbing between two terminal ends.

A one-way entrance abutting a curbed, non-sidewalk section must have a minimum separation of at least 12 feet and allow for two 4-foot terminal ends separated by at least a 4-foot header.

I. Double Frontage Lots. Unless a waiver is granted pursuant to Section 3.3(D), entrances for lots with frontage on a Non-compact Arterial and another public way, will be restricted to the other public way, unless MaineDOT determines that queuing of traffic using an entrance off the other public way would interfere with traffic on the Non-compact Arterial due to insufficient lot frontage along the other public way. If the other public way is a mobility or retrograde arterial the entrance must be located on the highway frontage that allows the intent of this rule to be most effectively and efficiently met.

2.3 Mobility Arterial Standards

In addition to the applicable standards in Sections 2.1 and 2.2, entrances onto Mobility Arterials must also comply with the increased or additional standards in this Section 2.3.

A. Mobility Sight Distance. The sight distance for entrances onto Mobility Arterials must meet or exceed the distance listed in Table 2, unless a waiver is granted pursuant to Section 3.3(D). Sight distance is measured in accordance with its definition.

Table 2 - Mobility Sight Distance

Applicable Speed Sight Distance

(MPH) (Feet)

20 Not applicable

25 Not applicable

30 Not applicable

35 Not applicable

40 580

45 710

50 840

55 990

60 1,150

B. Spacing Between Entrances. Unless a waiver is granted pursuant to Section 3.3(D), new entrances onto Mobility Arterials must be separated from other existing or proposed driveways or entrances including those located across the highway and those serving the same lot, in accordance with the minimum spacing standards set forth in Table 3. Entrance spacing is measured from edge of driveway/entrance to edge of driveway/entrance, excluding radii. Driveways or entrances located directly across the highway from the proposed entrance will not be counted in applying the spacing standard.

Table 3 – Minimum Entrance Spacing Standards

Posted Speed Entrance Separation

(MPH) (Feet)

25 or less Not applicable

30 Not applicable

35 Not applicable

40 175

45 265

50 350

55 or more 525

When the traffic volume from the proposed entrance warrants installation of a traffic signal, the Minimum Signal Spacing standards in Table 4 will supplant the entrance spacing standards set forth in Table 3, unless the signal spacing standards are waived pursuant to Section 3.3(D).

C. Mobility Arterial Corner Clearance. The minimum corner clearance for entrances onto Mobility Arterials must be 125 feet, except as provided in Section 2.2(C) regarding controlled access off-ramps, and except that MDOT may require increased corner clearance if MDOT reasonably determines that the proposed entrance will significantly impact public safety or cause a reduction in posted speed.

D. Number of Entrances. Except for forestry management and farming activities, lots on Mobility Arterials will be limited to one two-way or two one-way entrances, unless a waiver is granted pursuant to a Section 3.3(D).

E. Traffic Signal Restrictions.

(1) Prohibition on 55 mph Arterials. No proposed entrance will be permitted on a Mobility Arterial with a posted speed limit of 55 mph or greater if the proposed entrance serves a development that warrants installation of a traffic signal.

(2) Signal Spacing. Unless a waiver is granted pursuant to Section 3.3 (D), traffic signals will be restricted such that they are spaced along the Mobility Arterial so as to meet or exceed the distances set forth in Table 4.

Table 4 - Minimum Signal Spacing

Applicable Speed Applicable

Non-compact Arterials

Mph Feet

20 Not applicable

25 Not applicable

30 Not applicable

35 Not applicable

40 2,600

45 3,000

50 3,600

55 Not Permitted

F. Limitation on Location of Public Facilities. Except as provided otherwise in this section and unless waived pursuant to Section 3.3. (D), a public facility will not be granted an entrance onto a Mobility Arterial where the posted speed limit equals or exceeds 45 mph. Public facility means all improvements owned or operated by the state, a municipality, school administrative district or other public educational entity, regulated public utility, or other public entity. Public facilities include, but are not limited to, municipal offices, public works garages, and schools. This limitation does not apply to:

 Official State Visitor Information Centers and Traveler Rest Areas.

 State Park-and-Ride facilities.

 State or Federal recreation facilities (parks, boat launch areas and other similar facilities).

 Municipal recreation facilities where it can be shown that no other reasonable or feasible alternative exists.

 Public Facilities in the planning stages and for which public expenditures in the form of acquisition, final design and construction have already been made or committed before the effective date of this rule.

 Public facilities that generate sufficiently low volume of traffic so as to qualify for a driveway permit pursuant to MDOT’s Driveway Rules, 17-229 Maine Administrative Rules Chapter 299, Part A. Such facilities may include fire towers, power substations, water towers or sanitary pump stations and telephone equipment huts.

G. Shared Entrances. Whenever possible, property owners should seek opportunities for shared entrances onto Mobility Arterials.

H. Mitigation. When the proposed entrance has been granted a waiver from these standards by MDOT and if MDOT reasonably determines, based upon accepted traffic engineering principles, that the proposed entrance will significantly impact public safety or cause a reduction in posted speed, the MDOT may require mitigation of traffic impacts from a proposed entrance onto a Mobility Arterial. In making such determinations, MDOT may consider existing developments planned or reasonably expected on the parcel of land owned or controlled by the applicant.

If mitigation is required, applicants will be required to employ and, in some instances maintain, one or more of the mitigation techniques listed below. Such techniques generally will be considered in the order listed based upon the degree of impact of the proposed entrance.

(1) Signage

(2) Removal of vegetation

(3) Lighting

(4) Payment of a fee pursuant to 23 M.R.S.A. §57-A equal to an amount necessary for MDOT to purchase an easement on an adjacent lot for purposes of developing a shared entrance.

(5) Payment of a fee pursuant to 23 M.R.S.A. §57-A equal to an amount necessary for MDOT to purchase easements across one or more lots for purposes of developing a frontage road for entrances serving residential subdivisions or commercial or industrial uses or parks.

(6) Center and/or two-way left turn lanes.

(7) Acceleration and/or deceleration lanes.

(8) Medians and jug handles or turnarounds.

(9) Grade or alignment change to the Mobility Arterial

(10) Signal installation for entrances in accordance with Section 2.3(E)(2) unless specifically prohibited by this rule.

Whenever construction occurs within the MDOT right-of-way, a construction and maintenance agreement between MDOT and the applicant generally will be required.

2.4 Retrograde Arterial Standards

In addition to the applicable standards in Sections 2.1, 2.2, and 2.3, entrances onto Retrograde Arterials must also comply with the increased or additional standards in this Section 2.4.

A. Traffic Study. When the proposed entrance is projected to generate between 10 and 99 passenger car equivalent trips in a peak hour, MDOT may require the applicant to develop a traffic impact study in accordance with 17-229, Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits, pursuant to 23 M.R.S.A. §704-A.

B. Paved Shoulders. MDOT may require the applicant to create or expand paved shoulders along the highway at the proposed entrance to assure and improve safe access and egress to and from the highway.

C. Mobility Enhancement Measures. MDOT may require applicants to provide for improvement of the existing safety or mobility levels through mobility enhancement measures if MDOT reasonably determines, based upon accepted traffic engineering principles, that the proposed entrance will significantly impact public safety or cause a reduction in posted speed. Mobility enhancement measures include:

(1) Elimination, combination or modification of existing driveways or entrances within the retrograde arterial corridor.

(2) Development of frontage, backage or other service road within the retrograde arterial corridor to provide alternate access to existing driveways or entrances.

Such measures may be implemented either by willing buyer and willing seller agreements or by payment of a fee pursuant to 23 M.R.S.A. §57-A to the MDOT to acquire the rights necessary to implement one of such measures.

3. ADMINISTRATION

In cases of new entrances, or those involving a change of use, a MaineDOT permit is required prior to the commencement of site work or construction of or addition to the building(s), or other improvement(s) activity relating to the change of use, or in cases not involving such construction, prior to commencement of the new activity that constitutes the change of use. In cases of alterations of existing driveways, a MaineDOT permit is required prior to commencement of construction or alteration of the portion of the driveway that lies within the state or state aid road.

3.1 Application

The applicant must complete MaineDOT’s Entrance Permit Application or Permit by Rule form and submit it to the MaineDOT Regional Office having jurisdiction over the state or state aid highways onto which the driveway is proposed. If an applicant seeks a waiver from the entrance standards, the request and the reasons for the requested waiver must be submitted as an attachment to the application form.

A. New Entrances. Applications for new entrances will be made on MaineDOT’s application form and will be subject to the following additional requirements:

(1) Medium Volume Entrances. A medium volume entrance is one that generates between 10 and 99 passenger car equivalent trips in the peak hour. Such applications must comply with the performance standards outlined in this rule. Where runoff from the development served by the entrance enters the highway drainage system, the Department may require the applicant to submit a drainage impact analysis performed by a Registered Professional Engineer licensed in the State of Maine. When located on a Mobility or Retrograde Arterial, the Department may require the applicant to develop a traffic impact study in accordance with 17-229, Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits pursuant to 23 M.R.S.A. §704-A. MaineDOT reserves the right to require attachments or analyses to such applications that may be reasonably necessary to review and assess the application or complete the permit application.

(2) High Volume Entrances. A high volume entrance is one that generates 100 or more passenger car equivalent (pce) trips in the peak hour in any one day. Such applications must comply with the performance standards outlined in this rule unless already more restrictive in the Traffic Movement Permit rule; however, all other application procedures, including the issuance of a permit, will be in accordance with requirements in 17-229, Maine Administrative Rule, Chapter 305, Rules and Regulations Pertaining to Traffic Movement Permits, pursuant to M.R.S.A. 23 §704-A. Only the Traffic Movement Permit is required .

(3) Costs. All costs associated with development of traffic or drainage impact analyses must be borne by the applicant.

B. Alteration of Existing Entrance. Applications that seek an alteration to an entrance that existed on the effective date of this rule and that does not conform to the entrance standards outlined in this rule, will be approved provided the alteration does not increase any such non-conformance and as long as the safety and drainage impact of the entrance is improved. If the approved alteration is for relocation, the permit will require the elimination of the former entrance such that it can no longer be used to access the highway or adjacent land.

C. Change of Use. A new entrance permit will be required for existing entrances when the use being served by such entrance will change. The standards outlined in Section 2 will apply.

D. Sources of Data and Information Requirements. Applications for entrances must be consistent with the data and information requirements of these resources: “A Policy on Geometric Design of Highways and Streets”, 2001, AASHTO, and MaineDOT’s Highway Design Guide, Volumes One and Two, December 2004, available at MaineDOT.

3.2 On-Site Meeting

If MaineDOT determines that a site visit is required to assure compliance with this rule or if the applicant requests a site visit MaineDOT will arrange an on-site meeting with the applicant within one business week of receiving an application .

3.3 Reviews and Decision

A. Review of Application for Completeness. The Department will accept applications for entrance permits after determining that all information required for making a decision on the application has been submitted.

At the time the application is filed or re-filed, the Department will provide the applicant with a receipt indicating the time and date the application is received and will have 20 working days to determine whether the application is complete. If the application is not complete, the Department will inform the applicant in writing of the specific information required so that it may be reviewed as a complete application.

B. Review of Application for Issuance. Except for permit applications for High Volume Entrances, which will be subject to the permit process pursuant to 23 M.R.S.A. §704-A, the Department will act upon an application within 20 working days of receiving a complete application.

C. Approvals. If the Department finds that the accepted application information is accurate and that the design and location of the proposed entrance or the proposed alteration to the existing entrance or the change of use occurring at the existing entrance meets the requirements of this rule, and any other rule or law administered by the department, a permit approval or an approval with conditions will be issued.

When mitigation or mobility enhancement measures are required pursuant to Sections 2.3 (H) and 2.4 (C), the Department may require the applicant, prior to construction, to submit a performance and payment bond or certified check payable to the State of Maine, in an amount and form that complies with the General Conditions of MDOT’s Standard Specifications for Construction. In addition, the Department may require that notice of conditions applicable to the entrance be recorded in the appropriate Registry of Deeds.

MaineDOT may approve the application subject to any conditions necessary to assure compliance with the applicable entrance standards. Approvals will include a brief statement of the findings and conclusions supporting the approval. At a minimum, the applicant will be required to meet the following standard permit conditions:

(1) Provide, erect and maintain all necessary barricades, lights, warning signs and other devices as directed by MaineDOT to safeguard traffic properly while the work is in progress.

(2) At no time cause the highway to be closed to traffic.

(3) Where the entrance is located within a curb, curb and gutter, and/or sidewalk section, completely remove the existing curb, curb and gutter, and/or sidewalk as may be required to create the entrance and restore drainage. All entrances abutting sidewalk sections shall meet the requirements set forth in the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq.

(4) Obtain, deliver to site and install any culverts and/or drainage structures necessary for drainage; the size, type and length of such culverts or structures shall be as specified in the permit pursuant to 23 M.R.S.A. §705. All culverts and/or drainage structures shall be new.

(5) Start construction of the proposed entrance within twenty-four (24) months of the date of permit issuance and complete construction of the proposed entrance within twelve months of commencement of construction.

(6) Comply with all applicable federal, state and municipal regulations and ordinances.

(7) Not alter, without the express written consent of MaineDOT, any culverts or drainage swales within the MaineDOT right-of-way.

(8) File a copy of the approved entrance permit with the affected municipality or LURC, as appropriate within 5 business days of receiving the MaineDOT approval.

(9) Construct and maintain the entrance side slopes to be no steeper than the adjacent roadway side slopes, but in no case to be steeper than 3 horizontal to 1 vertical, unless the side slope is behind existing roadway guardrail, in which case it shall be no steeper than 2 horizontal to 1 vertical.

(10) Notify MaineDOT of a proposed change of use served by the entrance when increase in traffic flow is expected to occur. This does not exempt the need for obtaining a Traffic Movement Permit (TMP) if trip generation meets or exceeds 100 passenger car equivalents (pce) during the peak hour of the day.

(11) Construct or implement and maintain erosion & sedimentation measures sufficient to protect MaineDOT facilities.

(12) Entrances shall be designed such that all maneuvering and parking of any vehicles will take place outside the highway right-of-way and where vehicles will exit the premises without backing onto the highway traveled way or shoulders. All entrances will have a turnaround area to accommodate vehicles using the premises.

Applicants that seek a permit for a change in use or an alteration of an entrance that existed on the effective date of this rule that does not conform to the entrance standards outlined in the rule will be granted a permit as long as the change of use or alteration does not increase any such nonconformance and improves the safety and / or drainage of the entrance. If the proposed alteration is for relocation, the permit must require the elimination of the former entrance such that it can no longer be used to access the highway or adjacent land.

Conditions may include deed restrictions that shall be notarized and recorded at the appropriate Registry of Deeds within 90 days of permit issuance.

D. Waiver of Standards. Entrance standards may be relaxed or waived only as provided in these rules. Requests for waiver should be in writing and should be submitted as an attachment to the permit application; however, MaineDOT may receive a request during permit administration and such request shall be so noted on the application by the applicant.

1. Standards that may not be Waived: The sight distance standards of Section 2.1(A), the on-street parking standards of section 2.2(C), the loading dock requirements of section 2.2(G), the Mobility Arterial corner clearance standard of section 2.3(C) and the Traffic signal restriction of 2.3(E).1 may not be waived.

2. Further, waivers will not be granted to a property owner whose property has been granted limited access entrances in accordance with 23 M.R.S.A. §303.

3. Standards that may be Waived: Limited waivers relating to turnaround and parking requirements of section 2.1(D) may be granted for a cases involving a change of use or alterations of an existing access that the Department determines will likely result in a net gain to public safety or will result in a reduction in its non-conformity with these rules . The spacing standards in Table 3 of Section 2.2 (B) may be waived only to the extent that lots of record existing as of May 25, 2002, the effective date of these rules, that do not have access to another public way and do not have sufficient lot frontage to meet these spacing standards, may be allowed access if the applicant meets the criteria for granting waivers set forth in section 3.3 (D) 4 below. On mobility arterial segments posted at 40 or 45 mph only, the spacing standards of Table 3 Section 2.2(B) may be waived for lots created after May 25, 2002 only if:

a. the applicant meets the criteria of granting waivers set forth below and;

b. the proposed access is located within .2 of a mile of an existing 35 mph or less speed zone located on the mobility arterial to be accessed;

c. the proposed access is located in an area designated for growth in the municipality’s locally adopted comprehensive plan;

d. the subdivision requirements of 30-A M.R.S.A § 4404(5) are met, if applicable, and the applicant certifies that he/she will comply with the building permit requirements of 30-A 4103(3)(D); and

e. the proposed access will not have an unreasonable adverse impact on the Department’s ability to maintain the existing posted speed limit.

All other standards may be waived in accordance with the provisions of this section.

4. Standards for Granting Waivers. Waiver requests will be granted if the applicant demonstrates, to the reasonable satisfaction of MaineDOT, that: (i) the waiver will not significantly detract from public safety, (ii) the proposed driveway meets the standards to the maximum extent practicable, and (iii) there is no feasible alternative.

a. In determining that the waiver will not significantly detract from public safety, the department shall consider such factors as crash rates, traffic volumes, road geometrics, types and frequency of traffic moving to and from existing uses within 1000 feet of the proposed driveway.

b. In determining practicability and feasibility, MaineDOT will consider the availability and cost of alternative driveway locations and designs in relation to the proposed use.

c. In cases involving alterations or changes of use of existing accesses, the Department may grant waiver requests if it determines the alteration will likely result in a net gain to public safety or will result in a reduction in the driveway’s non-conformity with these rules.

d. In cases involving double frontage lots, MaineDOT will consider the length of frontage on the Mobility Arterial, the intensity of traffic generated by the proposed use, the geography along the frontage of the other public way and the distance to the other public way.

e. The spacing requirement under Section 2.3 B Mobility Arterial Standards that “driveways or entrances across the highway must be considered” is hereby waived. Only existing or proposed driveways/entrances on the same side of the highway as proposed driveway or entrance need be considered in applying the spacing standard provided that the proposed driveway or entrance is located such to minimize traffic conflicts as approved by MaineDOT.

5. Waiver Procedure and Formalities. Upon receipt of the waiver request, MaineDOT will review the request and determine whether to grant the request, deny the request, or grant the request with any reasonable condition(s). Waiver determinations will be in writing and sent to the applicant. All waivers granted must be notarized and provide that the terms thereof attach to and run with the land and that failure to record the waiver in the appropriate Registry of Deeds within 90 days of the date of the waiver will cause it to be null and void. The applicant is responsible for such recording.

Reconsideration and appeal of waiver decisions must be made pursuant to Section 3.5 and 3.7.

E. Denials. If the Department finds that the information provided in an accepted application is inaccurate or that the design and location of the proposed entrance or of the proposed change to the existing entrance does not meet the requirements of this rule, a permit will be denied. The denial of a permit must include a brief statement of the findings and conclusions causing such denial. Upon issuing a permit denial, the Department will also inform the applicant of the process for reconsideration or waiver, as appropriate.

F. Permit Expiration. A permit will expire within 24 months of the date of issuance if the entrance construction is not commenced. If waivers or conditions are not recorded at the appropriate Registry of Deeds within 90 days of permit issuance, the permit will expire.

3.4 Permit By Rule for Forest Management and Farming Entrances

A. Filing Permit by Rule (PBR). Applications for entrances for forest management and farming activities must be made pursuant to Section 3.1 or by the Permit by Rule (PBR) process. To use the PBR process, the applicant must file a completed PBR application form with MDOT. The applicant may request approval of more than one entrance on one PBR form. The permit by rule application form will require sufficient information to allow the MDOT to assure compliance with the following minimum construction and maintenance standards.

B. Applicable Standards. Each entrance must meet the minimum sight distance standards set forth in Section 2.1. The applicant must provide the available sight distance on the PBR application form.

C. Change of Use. Property owners, or their agents, with driveways developed for forest management and farming activities on state or state aid highways who propose to convert the property use to a use other than for forest management or farming activities , must file for and obtain a permit for the proposed use.

D. Permit By Rule (PBR) Approval. The PBR is approved once it is filed provided all applicable standards are met. If the PBR is found to be in non-compliance at any time after the filing date, the MDOT will notify the applicant who must remedy the non-compliance. In such instances, the MDOT may require conditions of approval as outlined in Section 3.3(C) and may limit the life of the entrance(s). If the applicant does not adhere to the conditions or correct the deficiencies, the MDOT may revoke the permit in accordance with the denial provisions of Section 3.3(E) and may commence enforcement action against the applicant in accordance with Section 3.6.

3.5 Reconsideration

An applicant who is aggrieved by the MaineDOT permit decision, may request reconsideration by the Regional Manager but must do so in writing within 30 business days after receipt of MaineDOT’s permit decision.

The request for reconsideration must set forth the findings and conclusions of MaineDOT to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested by the applicant, and if MaineDOT determines a hearing is warranted, a hearing will be held in the community where the subject property is located, ordinarily within 15 business days of receiving the reconsideration request.

The MaineDOT Regional Manager will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the Regional Manager’s reasons for either affirming or modifying the original permit decision.

Appeal of a reconsideration decision must be made pursuant to section 3.7.

3.6 Violation & Penalty

Any violation of this rule is subject to a fine of $100 per day per violation. Such fine begins to accrue 30 calendar days after the MDOT sends notice of the violation to the landowner by regular and certified mail, unless within said 30 day period corrective action has been taken, or a written plan outlining corrective action to be taken is submitted and approved by MDOT. If the landowner fails to take timely corrective action in accordance with such approved plan as reasonably determined by MDOT, the fine will accrue from the date of such failure.

Reconsideration of a notice of violation may be requested in accordance with Section 3.5. Appeal of a reconsidered violation must be made pursuant to Section 3.7.

3.7 Appeals

Appeal of final decisions of the Regional Manager must be made in writing to the Commissioner within 15 business days of receipt of the reconsideration decision of the Regional Manager. The appeal decision of the Commissioner or his or her designee will be considered final agency action.

Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. §11001, et seq. and Rule 80C of the Maine Rules of Civil Procedure.

(APA Office Note: electronic versions of the appendices, except Appendix H above, are not available at this time. Please contact the Department of Transportation for paper copies.)

EFFECTIVE DATE:

April 15, 2001

AMENDED:

February 3, 2002

NON-SUBSTANTIVE CORRECTIONS:

April 5, 2002

PROVISIONAL ADOPTION FILED:

April 10, 2001

EFFECTIVE DATE (FINAL ADOPTION):

May 25, 2002

NON-SUBSTANTIVE CORRECTIONS:

August 7, 2002 - inserted bold to indicate major substantive portions; corrected numbering inconsistencies

AMENDED:

November 23, 2003 - filing 2003-441, routine technical language only

June 24, 2004 - filing 2004-174, major substantive language

January 16, 2007 – filing 2007-8, routine technical language only

APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

Chapter 300 Rules and Regulations for the Use of the Interstate Highway System

Code Me. R. 17-229 Ch. 300 Rules and Regulations for the Use of the Interstate Highway System {#sec-17-229-ch.-300 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 300}

SUMMARY: The following rules and regulations govern the use and access of the Interstate Highway System.

300.01 EXCLUSIONS

The following will be excluded at all times from the State-maintained portions of the Interstate Highway:

A. Pedestrians;

B. Bicycles, with or without motors, and motor-driven vehicles of the "scooter" type;

C. Animal-drawn vehicles;

D. Animals which are being led, ridden or driven;

E. Farm machinery and farm implements, having a width in excess of 96 inches;

F. Overlimit loads under permit exceeding an overall width of 18 feet, except for the movement of overlimit loads which are crossing Interstate 95 at Interchanges when such a crossing is required due to the load height being in excess of the bridge clearance at the cross road;

G. Airplanes;

H. Snowmobiles.

300.02 PARKING AND "U" TURNS

A. Parking or Stopping. There shall be no parking or stopping on any -portion of the Interstate Highway, including the pavement, shoulders and slopes within the Interstate Highway right-of-way limit, on any side road entering the Interstate Highway or on any maintenance cross-overs, except in cases of emergency, breakdowns or for maintenance and police functions.

B. "U" Turns. The making of "U" turns is prohibited on the Interstate Highway, except for "U" turns made by maintenance, police, fire, ambulance, emergency service, and wrecker vehicles.

300.03 SWIMMING AND DIVING

There shall be no diving, jumping or swimming from either side of the northbound or southbound Interstate 95 bridges in the Town of West Gardiner or in the City of Gardiner or from the Interstate Highway for a distance of 50 feet in either a northerly or southerly direction from the above specified bridges.

300.04 LANE RESTRICTIONS

Trucks, including truck tractors but excluding pickup trucks, all as defined in 29-A M.R.S.A. § 101, may only operate in the two farthest right-hand lanes on that section of Interstate 95 from the Maine-New Hampshire border to the southerly terminus of the Maine Turnpike.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. § 52.
• HISTORICAL DERIVATION: July 27, 1976; readopted on May 15, 1979 and filed on May 16, 1979;
• AMENDED: Amendment of 300.02.B adopted on April 15, 1983, and filed with Secretary of State on May 9, 1983.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• AMENDED: May 5, 2004 - filing 2003-471, 300.04 added
• AMENDED: 02-031 Chapter 300 page 2

Chapter 301 Rules and Regulations for Use of U. S. Route 1, Brunswick-Bath

Code Me. R. 17-229 Ch. 301 Rules and Regulations for Use of U.s. Route 1, Brunswick-Bath {#sec-17-229-ch.-301 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 301}

SUMMARY: These rules regulate the use of Route 1 from Brunswick to Bath.

301.01 EXCLUSIONS

The following will be excluded from U.S. Route 1, Brunswick-Bath at all times:

A. Pedestrians;

B. Bicycles, with or without motors, and motor-driven vehicles of the “scooter" type;

C. Animal-drawn vehicles;

D. Animals which are being led, ridden or driven;

E. Farm machinery and farm implements, having a width in excess of 96 inches;

F. Overlimit loads under permit exceeding an overall width of 18 feet;

G. Airplanes;

H. Snowmobiles.

301.02 PARKING AND "U" TURNS

A. Parking or Stopping

There shall be no parking or stopping on any portion of Route 1, Brunswick-Bath, including the pavement, shoulders and slopes within the right-of-way limit, or on any entering side road, or on any maintenance crossovers, except for emergency or breakdown situations and for maintenance and police functions.

B. "U" Turns

The making of "U" turns is prohibited except for "U" turns made by maintenance, police, fire, ambulance, emergency service, and wrecker vehicles.

BASIS STATEMENT: These rules are traffic safety provisions authorized by 23 M.R.S.A. §52.

AUTHORITY: 23 M.R.S.A. §52.

HISTORICAL DERIVATION:` Adopted on May 15, 1979 and filed on May 16, 1979; Amendment of 301.02 B adopted on April 15, 1983 and filed with Secretary of State on May 9, 1983.

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

Chapter 302 Rules Regulating the Use of Picnic and Rest Areas

Code Me. R. 17-229 Ch. 302 Rules Regulating the Use of Picnic and Rest Areas {#sec-17-229-ch.-302 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 302}

SUMMARY: These rules govern the use of highway picnic and rest areas.

302.01 HOURS OF USE

Signs may be erected by the Department of Transportation in highway picnic and rest areas designating the hours of use for such facilities by the public.

BASIS STATEMENT: This rule is adopted to maintain the safe use of highway picnic and rest facilities.

AUTHORITY: 23 M.R.S.A. 52

EFFECTIVE DATE: Adopted as an emergency rule on May 22, 1979 and filed on May 23, 1979;

Readopted on July 11, 1979 and filed on July 13 , 1979

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

Chapter 304 Criteria for Functional Reclassification of Highways

Code Me. R. 17-229 Ch. 304 Criteria for the Functional Classification of Highways {#sec-17-229-ch.-304 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 304}

SUMMARY: Public Law 1981, Chapter 492, Part C, Section 28-1 requires a reclassification of all public highways in the State by July 1, 1982, in accordance with the Revised Statutes, Title 23, Section 53. 23 M.R.S.A. Section 53 (as amended) defines three classifications of highways. State Highways are comprised of a system of connected main highways throughout the State which primarily serve arterial or through traffic. State Aid Highways are highways which are not included in the system of State Highways which primarily serve as collector and feeder routes connecting local service roads to the arterial State Highway System. Town ways comprise all other highways not included in the State Highway or State Aid classifications which are maintained by Towns and primarily serve as local service roads providing access to adjacent land.

When the Local Road Assistance Program, (or Block Grant Program) was enacted by Public Law 1981, Chapter 492 the principal was recognized that roads which primarily serve regional or statewide needs should be the State's responsibility and roads which primarily serve local needs should be a local responsibility. The function of all public highways was reviewed in 1975, but the concept of a local Road Assistance Program was not in existence at that time.

It is appropriate that, owing to the passage of time since the last review, and the desirability of affording communities another opportunity to review and comment on both the criteria and the resulting classifications, a new reclassification study as directed by the legislation, be conducted. This study would focus on the function of roadways, particularly those classifications that are on the dividing line between State and local responsibility, namely collectors and local service roadways, both in rural and urban areas. The existing functional classification of roadways in each category will be individually reviewed in order to determine whether the classification is currently appropriate.

The major objective of this rule is to develop criteria which will help to define the line of demarcation between collector roads and local service roads, which will, by the same token, define the line of demarcation between State Aid Roads and Town Ways. A secondary benefit will be a more general review of other functional classes on an exception basis.

304.01 THE ORIGINAL 1975 FUNCTIONAL CLASSIFICATION CRITERIA

A. Rural

Rural principal arterial system

The rural principal arterial system consists of a connected rural network of continuous routes having the following characteristics:

1. Serve corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel.

2. Serve all, or virtually all, urban areas in Maine.

3. Provide an integrated network without stub connections except where unusual geographic or traffic flow conditions dictate otherwise (e.g., international boundary connections and connections to coastal cities).

The principal arterial system is divided into the following two categories:

Interstate System. The Interstate subclassification consists of all presently designated routes of the interstate System.

Other principal arterials. This subclassification consists of all non-Interstate principal arterials.

Rural minor arterial road system

The rural minor arterial road system should, in conjunction with the principal arterial system, for a rural network having the following characteristics:

1. Link cities and larger towns (and other traffic generators, such as major resort areas, that are capable of attracting travel over similarly long distances) and form an integrated network providing interstate and intercounty service.

2. Be spaced at such intervals, consistent with population density so that all developed areas of the State are within a reasonable distance of an arterial highway.

3. Provide (because of the two characteristics defined immediately above) service to corridors with trip lengths and travel density greater than those predominately served by rural collector or local systems.

Minor arterials therefore constitute routes whose design should be expected to provide for relatively high overall travel speeds, with minimum interference to through movement.

Rural collector road system

The rural collector routes generally serve travel of primarily intracounty rather than statewide importance and constitute those routes on which (regardless of traffic volume) predominant travel distances are shorter than on arterial routes. Consequently, more moderate speeds may be typical, on the average.

In order to define more clearly the characteristics of rural collectors, this system is subclassified according to the following criteria:

Major collector roads. These routes generally:

1. Provide service to any county seat not on an arterial route, to the large towns not directly served by the higher systems, and to other traffic generators of equivalent intracounty importance, such as consolidated schools, shipping points, county parks, important mining and agricultural areas, etc.;

2. Link these places with nearby larger towns or cities, or with routes of higher classification; and

3. Serve the more important intracounty travel corridors.

Minor collector roads. These routes are generally:

1. spaced at intervals, consistent with population density, to collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road;

2. provide service to the remaining smaller communities; and

3. link the locally important traffic generators with their rural hinterland.

Rural local road system

The rural local road system should have the following characteristics:

1. Serve primarily to provide access to adjacent land; and

2. provide service to travel over relatively short distances as compared to collectors or other systems.

B. Urban

Urban principal arterial system

In every urban environment there exists a system of streets and highways which can be identified as unusually significant to the area in which it lies in terms of the nature and composition of travel it serves. In smaller urban areas these facilities may be very limited in number and extent, and their importance may be primarily derived from the service provided to travel passing through the area. In larger urban areas, their importance also derives from service to rural oriented traffic, but equally or even more important, from service for major movements within these urbanized areas.

This system of streets and highways, called here the urban principal arterial system, serves the major centers of activity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires; and carries a high proportion of the total urban area travel on a minimum of mileage. The system is usually integrated, both internally and between major rural connections.

The principal arterial system carries the major portion of trips entering and leaving the urban area, as well as the majority of through movements desiring to bypass the central city. In addition, significant intra-area travel, such as between central business districts and outlying residential areas, between major inner city communities, or between major suburban centers is served by this class of facilities. Frequently, the principal arterial system will carry important intraurban as well as intercity bus routes. Finally, this system in urbanized areas provides continuity for all rural arterials which intercept the urban boundary.

Because of the nature of the travel served by the principal arterial system, almost all fully and partially controlled access facilities is a part of this functional class. However, this system is not restricted to controlled access routes. In order to preserve the identification of controlled access facilities, the principal arterial system is stratified as follows: (1) Interstate, (2) other freeways and expressways, and (3) other principal arterials (with no control of access).

For principal arterials, the concept of service to abutting land is subordinated to the provision of travel service to major traffic movements. It should be noted that only facilities with the "other principal arterial" subclass are capable of providing any direct access to land, and such service should be purely incidental to the primary functional responsibility of this class of roads.

Urban minor arterial street system

The minor arterial street system interconnects with and augments 'the urban principal arterial system and provides service to trips of moderate length at a somewhat lower level of travel mobility than major arterials. This system also distributes travel to geographic areas smaller than those identified with the higher system.

The minor arterial street system includes all arterials not classified as principal and contains facilities that place more emphasis on land access than the higher system, and offers a lower level of traffic mobility. Such facilities may carry local bus routes and provide intracommunity continuity, but ideally should not penetrate identifiable neighborhoods. This system should include urban connections to rural collector roads where such connections have not been classified for internal reasons as urban principal arterials.

Urban collector street system

The collector street system provides both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ultimate destination. Conversely, the collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. In the central business district, and other areas of like development and traffic density, the collector system may include the street grid which forms a logical entity for traffic circulation.

Urban local street system

The local street system serves primarily to provide direct access to abutting land and access to the other systems. It offers the lowest level of mobility and usually contains no bus routes. Service to through traffic movement usually is deliberately discouraged.

304.02 EXPANDED CRITERIA FOR FURTHER DELINEATION BETWEEN COLLECTORS AND LOCAL SERVICE FACILITIES

A. General

The original criteria used in 1975 serve well to distinguish arterial from collector highways. In order to make a distinction between collector and local highways, the following five criteria will be used in conjunction with the 1975 criteria:

1. Land Use

2. Relative Annual Average Daily Traffic (AADT)

3. Trip Length

4. Network Configuration and Continuity

5. Route Spacing

In all cases, if a route generally meets three out of the five criteria, with Land Use, Relative AADT, and Trip Length having a heavier weight in the criteria, then the route will be considered a collector.

If the above criteria are not applicable, then three additional criteria will be used to make a distinction between collector and local highways. In all cases, if a road meets all of the following three criteria, it will be designated a collector:

1. The road has a State Route Number assigned to it,

2. The road is within a city, town or plantation, and

3. The road provides direct access to a significant acreage of Maine Public Reserve Land.

If the above criteria are not applicable, then the following additional criteria will be used to make a distinction between minor collector and local highways. In all cases, if a road meets all of the following criteria, it may be designated a minor collector/State Aid:

In order to promote continuity in the state-aid highway system, and

1. Not withstanding any existing laws, rules and regulations, and

2. Subject to a signed petition representing the majority of municipal officers of the requesting municipality(ies), and

3. IF it enables the connection of a State Aid road presently NOT connected on one end to a State Highway or State Aid, and

4. IF the present TOWNWAY/LOCAL section is SHORTER than the connecting STATE AID in question,

Then, based on meeting ALL of the above criteria:

MDOT may, upon review, accept a road that is classified LOCAL / designated TOWNWAY to be a Minor Collector State Aid Highway.

In addition, overall Federal Highway Administration percentage guidelines for federal functional classes of Maine roads must be satisfied and this could affect any future reclassification efforts.

Current main office staff knowledge, Maintenance Division Engineers, and file information, supplemented by local input, will be used in the application of this and the following criteria.

B. LAND USE (Density of Development - Presence of Traffic Generators)

Land use criteria will be considered for those roadways and city streets which have previously been or would tend to be classified in the minor collector or local category.

1. Collectors or Arterials Generally Serve:

a. Regional shopping

b. Industrial parks and free standing manufacturing or processing plants employing a substantial number of persons.

c. Recreational uses such as golf courses, marinas, horse racing tracks, and major boat landings.

d. Institutional uses such as regional schools, colleges, and hospitals.

e. Military bases or regional airports.

2. Roadways and streets classified as "Local” are expected to service the following land uses and minor traffic generators:

a. Residential neighborhoods and strip residential development.

b. Local businesses.

c. Farms.

d. Agricultural or timber lands.

C. RELATIVE ANNUAL AVERAGE DAILY TRAFFIC

The Annual Average Daily Traffic (A.A.D.T.) varies widely throughout the State due to heavily and sparsely populated areas. Therefore, Annual Average Daily Traffic per se is not a direct input for criteria in determining functional highway classifications, but will be used on a percentage basis relating the individual communities' urban areas (inside the Maine Department of Transportation compact area) and the rural areas separately.

The highway functional classification indicated by this criteria will be determined by multiplying the average of the area's three (3) highest traffic volumes (latest existing area wide traffic volumes) by the following percentages:

Highway Classification Percent of Average Volume

Collector 16-39

Local 0-15

In determining the average of the three (3) highest volumes in urban areas, only one (1) of the three volumes will be taken from the Central Business District (CBD).

The resulting volume will be compared to available traffic information on specific facilities to categorize roadways into the above groups, under this criterion.

Additionally, the presence of heavy trucking will tend to associate with collector facilities. This will be considered to the extent information is available.

D. TRIP LENGTH

Trip Length will be incorporated into the study by considering the following:

Functional classification defines the role that any particular road or street serves in accommodating the flow of travel through a highway network. The following guidelines describe the type of travel generally associated with the various functional classes:

Collector Travel distances are shorter than those on the Arterial system. Primarily serves trips from local residential areas, commercial/industrial area, and locally important traffic generators such as, consolidated schools, hospitals, etc., to the arterial system.

Local Predominant travel distances are short. Predominantly serves travel from adjacent land areas to the arterial and collector systems.

Data to be used include ADT, available mapping, field reviews and local input.

E. NETWORK CONFIGURATION & CONTINUITY

Continuity and configuration of the functional systems will vary with population density. The following guidelines are general and may vary depending upon the type of area served by the roadway under consideration.

1. Collector System. Serves as local feeder routes connecting local service roads to the arterial systems. In urban areas routes on this system should be configured such that they serve the function of linking residential neighborhoods, commercial/industrial areas and locally important traffic generators with the arterial systems. Generally collectors have no stub ends or do not include dead end roads. A traffic route number would generally associate with a collector.

2. Local Service System Consists of all roads not classified as Arterials or Collectors. These roads which can connect with any of the functional classes of roadway serve the function of carrying travel from adjacent land areas to the arterial and collector systems. No traffic route numbers are usually formed on local service-facilities.

Special care will be used in assuring continuity between rural and urban designations in the vicinity of compact lines and designation changes will be made at logical breaks in facility service. Generally, urban designations will be at least equivalent to rural designations at those transition points.

A review of area mapping and available aerial photography will generally establish the distinction between locals and collectors from a network configuration and continuity standpoint.

F. ROUTE SPACING - PARALLEL & SIMILAR FACILITIES

Routes on the Arterial System shall be spaced so that all developed areas of the State are within reasonable distance of an arterial highway.

Routes on the Collector System shall be spaced at intervals, consistent with population density to provide service to locally important traffic generators such as, consolidated schools, hospitals, etc.

Spacing of highways with like functional classification shall be evaluated to assure that their geographical distribution provides the desirable levels of service.

In the event parallel routes are determined to provide identical function, a determination will be made as to which of the routes predominate and other parallel route(s) will revert to the next lower functional classification.

Available mapping and aerial photography will provide the basis for use of this criterion.

G. PERCENTAGE GUIDELINES FOR FUNCTIONAL CLASSES

The following guidelines will determine the extent of functional systems and will be applied on a Statewide and on an individual urban area basis. The rural guidelines will also be applied on a county basis but a reasonable variation will be allowed, if offset by other counties so that the Statewide percentages are met. If the percentage guidelines indicate adjustments are desirable, a reevaluation of marginal roads in communities least affected by the reevaluation will be made in order to comply with the percentage guidelines on a statewide basis.

RURAL

Percentage of Total

Rural Miles

System

Arterial System 6 - 12

Collector System 15 - 30

Local Road System 60 - 75

URBAN

Percentage of Total

Rural miles

System

Arterial System 15 - 25

Collector System 5 - 10

Local Road System 65 - 80

304.03 APPLICATION OF CRITERIA

Both the original criteria and expanded criteria will be used in the reclassification process. Maximum use of existing information and volunteered local input will be made. Limited data acquisition may be possible in special cases. Office information supplemented as necessary with field review and local input is expected to provide an adequate basis for the reclassification review. Street pattern and culture will be taken from the extensive mapping base maintained at the Augusta offices. Extensive staff and maintenance field division engineers’ knowledge, expertise, and judgment will be used in the application of the criteria. The designations will be made on the basis of best total fit of all criteria as opposed to meeting or not meeting any single criterion.

After the functional classification review has determined the appropriate functional classification for each facility, the State Highway-State Aid-Town Way designation will be made as follows:

With particular reference and care to Section 53, part C of Public Laws of 1981, Chapter 492, local service facilities will be designated Town Ways, collector facilities and arterial facilities will be designated either State Aid Highways or State Highways; the functional classification and the historical criteria used for designating State Highways will be used to distinguish between State Aid and State Highway classifications.

The expanded criteria will be weighted as follows:

Land Use 1.3

A.A.D.T. 1.3

Network Configuration 1.0

Trip Length 0.9

Route Spacing 0.9

The weights assigned reflect the applicability and relative reliability of available data and the relationships between the criteria and functional use. Percentage guidelines for functional classes are not weighted as this criteria cannot be applied on an individual roadway basis.

History

• STATUTORY AUTHORITY: Maine Transportation Act, 23 M.R.S.A. 4201 et seq.; 23 M.R.S.A. 53 (as amended); P.L. 1981, c.492, Part §28.
• EFFECTIVE DATE: November 15, 1981. Adopted by the Commissioner of the Maine Department of Transportation on October 27, 1981 and filed with the Secretary of State on November 10, 1981.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• AMENDED: December 9, 1997 - Section 2(A).
• NON-SUBSTANTIVE CORRECTIONS: January 9, 1998 - minor punctuation and formatting.
• AMENDED: July 31, 2000
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

Chapter 305 Rules and Regulations Pertaining to Traffic Movement Permits

Code Me. R. 17-229 Ch. 305 Rules and Regulations Pertaining to Traffic Movement Permits {#sec-17-229-ch.-305 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 305}

Part 1. Introduction…………………………………………….…………………….……1

Part 2. Definitions…………………………………………………………………………1

Part 3. Permit Types and Thresholds……………………………………………………...6

Part 4 General Submission Requirements ……………...………………………………...8

Part 5. Specific TMP Requirements……………………………………………………….9

Part 6. Specific Submission Requirements……………………………………………….14

Part 7. Design Requirements……………………………………………………………...24

Part 8. Permit Issued………………………………………………………………………29

Part 9. Developer Review Process……………………………………………………...…29

Part 10. Reconsideration and Appeals…………………………………………………...…30

Part 11. Application Priorities for Projects…………………………………………………31

Part 1. INTRODUCTION

This chapter contains Rules relating to the traffic movement permit provisions covered in 23 M.R.S. §704-A. It addresses standards, submissions and terms and conditions.

The Maine Department of Transportation (“MaineDOT” or the “Department”) has a responsibility to ensure that Projects that may result in increases in Vehicle Trips do not cause unacceptable decreases in the safety, access, or Level of Service for other motorists, pedestrians or bicycle riders. MaineDOT Traffic Movement Permit (TMP) Rule is intended to emphasize transportation-efficient Development and ensure that transit, bicycle, and pedestrian facilities are accommodated, as well as foster implementation of on-going, effective Transportation Demand Management (TDM) programs.

Part 2. DEFINITIONS

As used in this chapter unless the context indicates otherwise, the following terms have the following meanings.

Abutters. Any property that shares a property line with the Development Area or is directly across any roadway from the Development Area.

Alternative Design Proposal. A substitute development design offered by the Applicant in cases where the application of standard design requirements is unworkable due to distinct conditions of the development or will clearly work against the intent of these Rules. Such proposals may be considered and approved with or without conditions by the Department as a Variance.

Applicant. The person or entity filing the application for a TMP. The terms “Applicant” and “Developer” may be used interchangeably, only if the Developer has filed the application.

Application. The information filed by the Applicant in a form provided by the Department requesting the issuance of a TMP.

Automatic Permit Expiration. A permit will be considered automatically expired if construction of the project has not begun within a 5-year period or completed within a 7-year period of the date of issuance. The Applicant must reapply for and receive approval prior to continuing construction or opening a facility.

Business District. The portion of a municipality in which the dominant land use is for intense business activity. A municipality may have more than one business district or none at all.

Business Partnering Initiative (BPI). The BPI is a MaineDOT construction funding program as defined in the MaineDOT’s Business Partnering Initiative Municipal Guide.

Capacity Analysis. A determination of the Level of Service of an intersection or roadway segment using acceptable methodologies approved by MaineDOT as referenced in the MaineDOT Traffic Analysis Guidelines.

Common Scheme of Development. Common Scheme of Development means a plan or process which:

Takes place on contiguous or non-contiguous parcels or lots in the same immediate Vicinity; and

2. Exhibits characteristics of a unified approach, method or effect such as:

a. Unified Ownership, management, or supervision; and/or

b. Sharing of common equipment or labor; and/or

c. Common financing.

Consolidated Review. The type of review of combined permits when a Development requires both a Traffic Movement Permit from MaineDOT and a site law permit from the Maine Department of Environmental Protection (M.D.E.P.) M.D.E.P. shall be the lead agency for a consolidated review of combined permits and, therefore, will issue the joint permit. The Applicant is required to meet the criteria of both Departments’ application processes. The appeals process is more complicated under Consolidated Review and is governed by M.D.E.P. Rules.

Critical Intersection. An intersection that, if impacted by increased traffic, could have a negative effect on the traveling public, the municipality and/or the business community.

Critical Rate Factor. The ratio of the actual crash rate at an intersection or road to the statistically calculated critical rate.

Delegated Review. The authority given to a municipality to issue Traffic Movement Permits. See Part 3 for process and criteria.

Delay. The time lost, measured in average seconds per vehicle, while Traffic is slowed or impeded by congestion or roadway elements.

Department. Maine Department of Transportation (MaineDOT). The terms Department and MaineDOT may be used interchangeably.

Designated Growth Area. An area designated as a growth area in a locally adopted growth management plan that is consistent with M.R.S. Title 30-A, Chapter 187.

Developer Agreements. If a proposed Project abuts the State’s highway system and the Department requires improvements to the highway system as a condition of the issuance of a TMP, the Applicant and MaineDOT will enter into a Developer Agreement setting out the process by which the Applicant will obtain approval of the design plans and coordinate the construction of the improvements through MaineDOT's Region Engineer with jurisdiction over the municipality in which the improvements are taking place. The Applicant must demonstrate through a Developer Agreement the financial, legal and technical ability to develop such improvements.

Development Area. The site proposed for Development, excluding all off-site roadway segments and intersections beyond the entrance or entrances.

Development. Any single or mixed-use construction, alteration or conversion of a site on a piece of property. The terms “Development” and “Project” may be used interchangeably.

Entrance(s) and Exit(s). Access ways used by any and all modes of transportation to or from a property abutting a highway or public way. As used herein, the terms include all driveways (e.g., private residential, commercial and other nonresidential driveways), sidewalks, and pathways. The terms do not include a street entirely within a subdivision. (As used herein, the terms Entrances and Exits include the approaches to them and the intersections created by them even if these areas include parts of the state or local right of way.)

Estimated Annual Average Daily Traffic. An estimate of the total daily volume on a roadway segment for an average day of the year.

Event. A recurring activity or series of attractions expected to generate 100 or more passenger car equivalent (PCE) trips for more than 30 peak hours in a 12 month period.

Exception. A waiver from a standard or requirement due to circumstances outside of the Applicant’s control and/or unworkable or unsafe in a given circumstance. Exceptions will require the substitution of Department-approved mitigation strategies, and/or fee payments that meet or exceed default standards and are specifically authorized within sections of this Rule.

Expedited Review. A review process that an Applicant may request regarding Projects that have known or negligible new impacts to the roadway or Traffic conditions, including multimodal Traffic. See Part 3 for process and criteria.

Grandfathered Trips. Previously permitted or unpermitted Trips that have been generated by the Development on a certain parcel for more than 10 years. MaineDOT has determined that the Trip credits will be given for the highest permitted/actual use of the Development that has occurred over the past 10 years.

Horizon Year. The anticipated opening year of the proposed Development, assuming build-out and full occupancy.

Impact Fee. A fee charged to an Applicant as compensation for impact on a Critical Intersection or roadway section.

Interested Person. This includes an Applicant, a person who submits written comments concerning an Application or who requests, in writing, receipt of materials related to an Application. The Department shall maintain a list of Interested Persons for each Permit Application.

Level of Service (LOS). A measure of the quality of the operating conditions for any mode of transportation within a Traffic stream as determined from a Capacity Analysis using methodology outlined in the MaineDOT Traffic Analysis Guidelines.

MaineDOT Traffic Analysis Guidelines. A set of guidelines developed by MaineDOT to provide the traffic engineering community with standards with which to administer the requirements of M.R.S. Title 23 §704-A and this Rule.

Major Intersection. An intersection controlled by a traffic signal or the intersection of a state or state aid highway with the road on which the entrance(s) for the Development is/are located. A commercial entrance is not considered a Major Intersection.

Mode Split. The proposed Project’s anticipated/estimated split among major transportation modes: walking, bicycling, public transit, single-occupant motor vehicle, and multi-occupant motor vehicle (e.g. vanpool, rideshare, taxi, Uber/Lyft, Ride Sharing Venues).

Multi-Modal Study Area. TheMulti-Modal Study Area (MMSA) focuses on the multi-modal transportation system that serves the Study Area and provides access to the Project site. The Multi-Modal Study Area includes major highways and roadways, intersections and interchanges, pedestrian facilities, bicycle facilities and access, and public transit network. Geographic requirements are provided in Part 5.

Multi-Modal Trip. A Person Trip that is either a walk, bicycle, or transit Trip.

A walk Trip is an inbound or outbound Person Trip for which the greatest distance between the Trip origin and Trip destination is traveled on foot or on any type of assistive device (e.g., wheelchair, walker, skates, scooter, Segway, skateboard).

A bicycle Trip is an inbound or outbound Person Trip for which the greatest distance between the Trip origin and Trip destination is traveled by a bicycle (or any pedal-powered vehicle).

A transit Trip is an inbound or outbound Person Trip that crosses the Site Cordon Line in a transit vehicle or for which the greatest distance between the Trip origin and Trip destination is traveled in a transit vehicle (e.g., public bus, private bus or shuttle, rail car, ferry boat). A Person Trip made in a carpool, vanpool, taxi or micro transit (e.g. Uber, and Lyft) is considered a Vehicle Trip.

Municipal Partnering Initiative (MPI). The MPI is a MaineDOT construction funding program as defined in the MaineDOT’s Municipal Partnership Initiative Municipal Guide.

Pass-By Trip. A Vehicle Trip made as an intermediate stop on the way from an origin to a primary Trip destination without a route diversion. A Pass-By Trip is created by Traffic passing the site on an adjacent street or roadway that offers direct access to the Traffic generator. A Pass-By Trip is not diverted from another roadway that is not adjacent to the site.

Passenger Car Equivalents (PCE's). The number of passenger cars or, in the case of non-passenger vehicles, the number of passenger cars that would be displaced by non-passenger car vehicles. See MaineDOT Traffic Analysis Guidelines for conversion factors.

Passenger Car Equivalents at Peak Hour. The number of passenger cars or, in the case of non-passenger vehicles, the number of passenger cars that would be displaced by non-passenger vehicles, at that hour of the day during which the Traffic volume generated by the Development is higher than the volume during any other hour of the day. See 23 M.R.S. §704–A.

Peak-Hour. The hour of the day during which the Traffic volume at an intersection or on a roadway segment is higher than the volume during any other hour of the day.

Person Trip. A Trip made by any mode of travel by an individual person from an origin to a destination. Every Trip made anywhere by a person is a Person Trip. For instance, if three people leave a Development site in a single vehicle, this is counted as three Person Trips.

Project. Any single or mixed-use construction, alteration or conversion of a site on a piece of property. The terms “Project” and “Development” may be used interchangeably.

Scoping Meeting. A meeting to evaluate the nature and extent of impacts of a proposed Project and the level of information and study warranted.

Shared Trip. A “Shared Trip” is a Person Trip made between two distinct on-site land-uses at a mixed-use site without using an off-site road system.

Such as an internal trip can be made by personal passenger vehicle, truck, walking, bicycling, or transit. A Shared Trip is a tool for reducing Trips on the roadway for mitigation purposes only. A Shared Trip cannot be a factor in whether a Development meets the Trip threshold for requiring a Traffic Movement Permit.

Site Cordon Line. A real or imaginary boundary around a designated site or specific area that, when crossed by a vehicle or person, captures every Trip that enters or exits the site.

Study Area. The area defined in Specific Submission Requirements Part 6, Section C. The scope of the Study Area may be further refined by MaineDOT at the Scoping Meeting. Note: See also Multi-Modal Study Area.

Title, Right or Interest. This term refers to Applicant’s ownership of or enforceable right to acquire the property rights necessary for the Development. Specific ways to effectively demonstrate this legal authority are outlined in Part 6.

Traffic. Vehicles, pedestrians, bicycles and multimodal conveyances moving along a road or public highway.

Traffic Crash. A motor vehicle crash that results in property damage exceeding $1,000 or physical injury of any type.

Traffic Attributable to a Development. Net new Traffic volumes and associated Traffic patterns generated as a result of a proposed Development.

Traffic Movement of All Types. Any mode of travel, including pedestrian, bicycle, bus, ferry, aviation, rail, or automobile.

Traffic Movement Permit. The permit issued by the Department under 23 M.R.S. §704-A and this Rule, at times referred to as the “TMP”.

Traffic Movement Permit (or TMP) Modification. A review and approval process used to address changes in facts presented within the original approved Application either prior to or following the development being constructed.

Traffic Movement Permit (or TMP) Rule . Chapter 305 of the General Rules of the Department of Transportation (this rule).

Traffic Signal. A power-operated control device by which Traffic is regulated, warned, or alternately directed to take specific actions. See 29-A M.R.S. §2057.

Traffic Study. A quantitative analysis by qualified traffic engineers to determine whether the existing roads and intersections in the Vicinity of the proposed Development have the capacity to handle Traffic attributable to the Development.

Transportation Demand Management Techniques. Measures taken to reduce or spread peak hour Traffic over a longer period of time. Such measures include, but are not limited to, micro transit, ridesharing, carpooling, vanpooling, mass transit, telecommuting policies and modified work schedules.

Trip. A single or one direction person or vehicle movement with either the origin or destination inside the Development Area.

Urban Compact. A built-up portion of a town/city as described in 23 M.R.S. §754.

Vehicle Trip. The movement of an inbound or outbound personal passenger vehicle or truck, carrying one or more passengers, across the Site Cordon Line. A person crossing the Site Cordon Line as a pedestrian in conjunction with an overall Trip made primarily in a personal passenger vehicle or truck will be counted as a Vehicle Trip. If, for example, a person drives a personal passenger vehicle from home, parks off-site, and walks from the parking facility to an office building, the trip (at both ends) is considered a Vehicle Trip.

Vicinity. The area defined by the limits of the threshold volumes traced along the highway network. This can be limited to the next major intersection or driveway/entrance depending on the nature of the development in the Development Area. The Vicinity is used to help define the study area.

Part 3. PERMIT TYPES AND THRESHOLDS

The determination of all PCE Trips for the purpose of establishing application requirements shall be calculated with an approved methodology detailed in the MaineDOT Traffic Analysis Guidelines. Assistance in determining the Trip levels can be obtained by contracting with a traffic engineer licensed to do engineering work in the State of Maine. Staff at the nearest MaineDOT Region Office or the Augusta Headquarters - Division of Traffic Engineering (see chart in Part 4) can assist with identifying a qualified traffic engineer.

A. New Permits

A Traffic Movement Permit Application shall be obtained by:

The responsible party for any Project that is projected to generate 100 or more passenger car equivalents (PCE) trips during peak hour of Traffic generation; and

The responsible party for an occasional event that generates 100 or more PCE Trips during peak hours of Traffic generation for more than 30 peak hours a year.

Exempt Projects

The following types of Projects are exempt from MaineDOT review under these Rules because they are subject to review by the Maine Department of Environmental Protection:

Any type of Solid Waste Facility. (38 M.R.S. §1310-N)

Any type of Hazardous Waste Transfer or Storage Facility. (38 M.R.S. §1319-R)

Any Waste Oil Storage Facility and Biomedical Waste Facility. (38 M.R.S. §1319-X)

C. Modifications to Existing Permits

A Traffic Movement Permit Modification is a process used to reflect modifications in permit conditions, changes in ownership, changes in the Project description/scope, or changes in a Project’s timeline. Traffic Movement Permit Modification is required if any of the following occurs:

Change in Applicant’s/Owner’s name prior to the Development being constructed.

Change in the Project description before the Development is constructed (this includes a change in the ITE Trip Generation Manual Land Use Code, changes in size of individual uses, increase in Trips, etc.).

Change in Project timeline if the new timeline extends more than 5 years past the original signed date of the TMP permit.

In connection with a Traffic Movement Permit Modification for a Project whose timeline is over the five-year time limit, MaineDOT reserves the right to require the Developer to re-submit information pertaining to Sections 1 thru 6 of the General Submission Requirements and a Notice of Intent to File. Additionally, the Developer may be required to attend a Scoping Meeting (unless MaineDOT waives this requirement as a part of the Expedited Review process).

Change in Passenger Car Equivalent Trips resulting in a total sum of generated Trips exceeding 100 Trips above permitted Trips after the original Development has been constructed or changes in any peak hour.

Modifications involving 100 or more additional passenger car equivalent Trips also must include updated information as set forth in Sections 1-6 of the General Submission Requirements and a Notice of Intent to File. This shall be submitted to MaineDOT with the application for permit modification. The Applicant will also be required to attend a MaineDOT Scoping Meeting (unless MaineDOT waives this requirement as part of the Expedited Review process). The need for an updated Section 7 Traffic Study will be determined at the Scoping Meeting. Modifications of TMPs for any reason will require payment of a modification fee of $500 to MaineDOT If an updated Section 7 Traffic Study is required, the Applicant will be required to pay an additional $1,500.

D. Delegated Review

23 M.R.S. §704-A allows municipalities to apply for Delegated Review. “Delegated Review” gives the municipality the authority to issue a Traffic Movement Permit if it has enacted an ordinance or regulation for reviewing Traffic Movement Permits that is consistent with the Chapter 305 Rules and Regulations Pertaining to Maine DOT’s Traffic Movement Permit. To be approved, the municipality must demonstrate, to the satisfaction of MaineDOT, that it has the ability to administer and enforce its ordinance and regulations. Applicants should contact the Region Traffic Engineer at the numbers listed in the table in Part 4 to determine if the municipality where the Project is located has Delegated Review.

Delegated Review municipalities are not allowed to perform Expedited Review on any Projects submitted for their review.

Part 4. GENERAL SUBMISSION REQUIREMENTS

Organization. The Applicant is expected to complete and organize the Application as follows:

Fill out the TMP Application form and Notice of Intent to File.

Attach both to the front of the completed Application.

Assemble the remainder of the Application into sections as specified in the following the submittal requirements in Part 6 below.

Identify each section with a tab.

If a particular section is not applicable, provide a statement explaining why it is not rather than omitting the section.

Retain a copy of the Application for reference.

Notice. The Applicant must provide written public notice of the Application to Abutters and municipal officials by completing the "Notice of Intent to File" in the form provided by MaineDOT. The completed Notice of Intent to File must be placed after the first two pages and before Section 1 of the TMP Application. The Notice of Intent to File must be sent to all abutters and to the appropriate officials in the municipality in which the Development is located by certified mail, return receipt requested, and published in local newspapers of general circulation. For over 200 PCE Developments, the Notice of Intent to File should be accompanied by the information required by Part 6, Sections 1 thru 6 of this Rule.

Plans. All site plans shall be stamped or sealed by a licensed Maine professional engineer and must be at a scale of 1-inch equals no more than 50 feet, unless variations are approved by the Department prior to submission of the application. Any intersections between the Development with a public roadway shall be shown at a scale of 1-inch equals no more than 50 feet. Survey plans shall be prepared, signed and sealed by a Maine licensed professional land surveyor. Plans must be folded to fit 8 1/2" X 11" folders and must be submitted in triplicate (original and two copies).

D. Copies and Format. An original plus two hard copies, as well as an electronic file or set of files on USB media, must be provided to MaineDOT as part of the submittal.

E. Fees. The fee for a Scoping Meeting with no further review (100 - 200 PCE Trips) is $500. If further review is required short of a full Traffic Study as determined at the Scoping Meeting, then an additional $500 processing fee is required for each further review. The fee for all 200+ PCE Trip applications is $2,000 ($500 prior to the Scoping Meeting and $1500 when the Traffic Study is submitted). The fee for all MaineDOT TMP modifications shall be $500 (unless additional study is required). All checks to be made payable to "Treasurer State of Maine".

F. Filing Location. The Application marked "Attention Region Traffic Engineer” must be filed in the appropriate MaineDOT Region Office (for developments in municipalities with delegated review, the application will go directly to the municipality):

MaineDOT Southern Region

Region 1

51 Pleasant Hill Road Scarborough, ME 04070-0358

Phone: 207-885-7000

MaineDOT Mid-Coast Region

Region 2

66 Industrial Drive

Augusta, ME 04330

Phone: 207-624-8200

MaineDOT Western Region

Region 3 932 U.S. Route 2 East

Wilton ME 04294

Phone: 207-562-4228

MaineDOT Eastern Region

Region 4 219 Hogan Road

Bangor, ME 04401

Phone: 207-941-4500

MaineDOT Northern Region

Region 5 41 Rice Street

Presque Isle, ME 04769

Phone: 207-764-2200

Augusta Headquarters

Traffic Engineering

24 Capitol Street

16 State House Station

Augusta, ME 04333

Phone: 207-624-3632

Part 5. SPECIFIC TRAFFIC MOVEMENT PERMIT PROCESS REQUIREMENTS

The TMP transportation impact review process reflects and advances the State of Maine’s motorized and multi-modal policy goals, in particular, the objectives outlined in MaineDOT’s Complete Streets Policy and in the federal Americans with Disabilities Act. Especially in village, sub-urban and urban contexts, projected impacts on all modes, and appropriate mitigation strategies, including increases in infrastructure capacity and Traffic Demand Management practices, must be included in the Applicant’s description of the Project. Discussion of the applicability of TDM or multi-modal considerations shall be included in the application and at the Scoping Meeting.

A. Pre-Scoping Meeting. A pre-Scoping Meeting may be requested by either the Applicant or MaineDOT prior to the submittal of the Application. MaineDOT, at its discretion, may grant a pre-Scoping Meeting prior to the Applicant’s preparation of the Application. The pre-Scoping Meeting is intended to allow MaineDOT and the Applicant to obtain consensus as to study assumptions, data requirements, analysis periods, analysis methodology, and other key aspects of the process prior to the Applicant preparing the Application. This meeting ensures a common understanding and reduces the potential time and cost of preparing revisions to the TMP Application.

B. Developments Generating 100 or MORE PCE Trips. If a proposed Development is estimated to generate 100 or more PCE Trips during its peak hour of Traffic generation, then the information requested in Sections 1-6 below shall be included in the Application submitted to the Department prior to scheduling the Scoping Meeting.

Review Timeline. Any person intending to construct or operate a Development that is projected to generate 100 or more PCE Trips during its peak hour of Traffic generation shall, before commencing construction or operation, file an original and two copies of the Application for a "Traffic Movement Permit" identifying the size, nature and location of the Development, together with information required in Sections 1 through 6 of Part 6, below. An electronic copy of the Application shall also be sent to the Regional Traffic Engineer. The Department has 14 calendar days from date of submittal to determine if the Application, including Sections 1 through 6 of Part 6, is complete. If the Department does not make a completeness determination within 14 calendar days, the Application is deemed complete. However, this does not preclude the Department from requesting additional information from the Applicant. If the Application is not deemed complete, the Applicant will be required to resubmit the Application with the requested information, and the Department has 14 calendar days to determine completion upon resubmittal. A Scoping Meeting shall be held within 30 calendar days of the date Sections 1 through 6 of Part 6 are deemed complete.

Scoping Meeting . Applicants with Developments resulting in 100 or more PCE trips will be required to attend a Scoping Meeting with the Department. The Department will schedule a Scoping Meeting upon receipt of a Traffic Movement Permit Application, from the Applicant, which the Department deems complete. The Scoping Meeting shall be used to discuss the scope of potential Traffic impacts to be studied by the applicant . The Department will invite representatives of the municipality, abutting municipalities, municipal planning organizations and regional councils from the area where the Project is located in addition to the Applicant and/or appropriate representative. The Applicant is required to submit a signed copy of the "Notice of Intent to File" to the municipality(ies) where the proposed Development is located and to submit this form to all abutting property owners. Such notice must be sent by certified mail, return receipt requested, at least 7 (seven) calendar days prior to the Scoping Meeting. The purpose of the Scoping Meeting is to help the Applicant understand the Application review process, identify particular areas of concern, define appropriate Trip generation rates, define Trip distribution, define Trip composition, define the Study Area and determine the need for a Traffic Study. The Applicant has 270 calendar days from the Scoping Meeting to submit the Traffic Study such a study is required by the Department. Failure to submit the required material within 270 calendar days may require the resubmittal of Sections 1 thru 6 of Part 6 of this Rule and a new Scoping Meeting to be held.

C. Developments generating 100-200 PCE Trips. For Developments estimated to generate 100-200 PCE Trips during the peak hour of Traffic generation, the Department shall recommend one of the following during the Scoping Meeting:

That the Applicant be issued a TMP with no further study and no off-site mitigation because the Development will not have a significant impact on roads or intersections in the Study Area of the proposed Development. As part of the TMP issued by the Department in such a case, conditions including an impact fee may be imposed for off-site mitigation without the need for any additional Traffic Study; or

That the Application requires further review and that a Traffic Study including the information requested in Section 7 below is required. This determination may be made if it appears that there are Traffic safety or capacity deficiencies in the Study Area of the proposed Development, such as in the following instances:

Current Traffic problems have been identified such as a high-crash location, an intersection in need of a Traffic signal, or inadequate storage lane capacity for turning vehicles.

The current or projected Level of Service of the roadway system adjacent to the Development is unsatisfactory for any user group, including but not limited to motorists, bicycle riders, and pedestrians.

Other specific safety or congestion problems or deficiencies have been clearly identified and documented by MaineDOT or the municipality and these may be affected by the proposed Development or affect the ability of the Development to be satisfactorily accommodated. These may include gaps or deficiencies in multi-modal facilities (including but not limited to: breaks in sidewalk or bicycle lane continuity, lack of crosswalks, lack of ADA accessible pedestrian facilities or bus stops, lack of bus stop amenities such as benches or shelters) in the site Vicinity. The Department may address these problems or deficiencies under its other statutory authority as well.

The Study Area of the proposed Development is limited to the area defined by the Development entrance(s) or exit(s), and the Department wishes to extend the Study Area to the first Major Intersection in each direction from the Development entrance or entrances including intervening segments because the Scoping Meeting revealed potential safety, capacity, or other Traffic-related issues affecting the type of review warranted.

Once the Traffic Study is submitted, The Department has 14 calendar days from date of submittal to determine if the Traffic Study is complete. If the Department does not make a completeness determination within 14 calendar days, the application is deemed complete. The "Notice of Intent to File" does not need to be resubmitted with Section 7 Traffic Study when the Application is officially submitted. The Department will have 60 calendar days from the date the Application is deemed complete to issue a Traffic Movement Permit.

D. Developments generating 200 or more PCE Trips. If a proposed Development is estimated to generate 200 or more PCE Trips during the peak hour of Traffic generation, a Traffic Study including the information requested in Section 7 below will be required after the Scoping Meeting.

The requirement of a Traffic Study may be waived by the Engineer of Traffic or his or her designee when the Engineer of Traffic determines that the development traffic peak is at a different time than the peak hour of the adjacent roadway or the Development has a high number of Pass-By Trips.

Once the Traffic Study is submitted, the Department has 14 calendar days from date of submittal to determine if the Traffic Study is complete. If the Department does not make a completeness determination within 14 calendar days, the Traffic Study is deemed complete. The Department will have 120 calendar days from the date the Application and Traffic Study are deemed complete to issue a Traffic Movement Permit. The "Notice of Intent to File" does not need to be resubmitted with the Section 7 Traffic Study when the Application is officially submitted.

The outside parameters for the Study Area of the Section 7 Traffic Study are as follows:

The Development entrance(s) and exit(s);

The first Major Intersection in either direction from the Development entrance(s) and exit(s) unless waived by the Engineer of Traffic or his/her designee at the Scoping Meeting; and

All intersections where, during any one-hour period, traffic attributable to the proposed Development equals or exceeds:

25 left turn movements per lane; or

b. 50 thru and/or right turn movements per lane

Generally, the Study Area, defined by the above criteria, would be limited to a radius of 2 miles measured from each site entrance or exit unless the Department, at the Scoping Meeting, determines that the proposed Development will impair the safe and efficient flow of Traffic beyond a two mile radius due to the Development's scale, location, or nature.

E. Consideration of Multi-Modal Trips. The Section 7 Study must include analysis of Multi-Modal Trips based on ambient and potential future Project area conditions and should take special care to identify transportation system features with existing or potential issues that would be exacerbated by Project-generated Trips. The Study Area for multi-modal considerations, or the Multi-Modal Study Area, shall be determined by defining a circle around the Project with a minimum radius of ¼ mile for urban/suburban contexts, and a larger radius of up to a 1 mile for rural contexts. Depending upon specific site and contextual conditions reviewed at the Scoping Meeting, the Department may reduce the required Multi-Modal Study Area from the default radius length and/or reshape the circular area to more appropriately target likely impacted locations for analysis.

F. Traffic Movement Permit Expedited Review. For those Projects that have known or negligible new impacts to the roadway or Traffic conditions, including multimodal Traffic, the Applicant shall have the ability to apply for Expedited Review. To request Expedited Review Applicants shall follow the guidelines below.

The Applicant needs to state the request for Expedited Review on the Application. The Application shall be accompanied by a letter (in the form provided by MaineDOT) from municipal staff supporting Expedited Review. This letter must detail the arguments supporting the determination that the Project makes only known or negligible impacts to the roadway or Traffic conditions, including multimodal Traffic, and that no Scoping Meeting is needed. Expedited Review will not be allowed within municipalities that have Delegated Review.

The Applicant will submit the Application with all of the information required by Sections 1 through 6 of Part 6 (plus associated $500 Application fee) and, when necessary, the Section 7 Traffic Study. A list of formal recommendations for TMP conditions shall be submitted with the Application. If the Project impacts a coordinated traffic signal system, the Applicant will pay an impact fee to be used to develop a signal timing plan to accommodate the adjustments to the signal system. The impact fee will be a per signal cost determined by consultants approved by MaineDOT for work associated with coordinated signal system retiming.

The Applicant must accept responsibility for construction of any and all transportation system improvements, including implementing improvements to serve multimodal needs and/or to the site entrance(s)/exit(s). Those improvements shall be shown on the site plan.

If MaineDOT requires off-site mitigation, it can be in the form of either a to-be-determined impact fee or agreed upon roadway improvements.

MaineDOT may deny the request for Expedited Review and review the Application in the traditional manner. This decision to review the Application traditionally will be made within 14 calendar days of submission. If Expedited Review is granted, MaineDOT will modify the TMP draft as needed and present it to the Applicant and municipality within 30 calendar days of submission.

Expedited Review is generally limited to 100 to 200 PCE permits. MaineDOT may allow Expedited Review for over 200 PCE permits for those Developments with a high percentage (70%) of Pass-By Trips.

Part 6. SUBMITTAL REQUIREMENTS

Section 1. Required site and Traffic information that must be included with the Application is as follows:

Site Plan. Plans and drawings shall be in accordance with General Submission Requirements, supra Part 4. The Site Plan should identify the size of the parcel, the developable acreage of the parcel, general terrain features, and unique terrain features. The site plan should also identify the proposed “footprint” of the Project relative to existing site conditions, the boundaries of land owned by the Applicant, the abutting land uses, and transportation facilities (including private and access roadways, sidewalks, crosswalks, public right-of-way, public transit stations/stops/routes, and bicycle facilities) within and adjacent to the site. Review of the of the Site Plan will cover existing bicycle, pedestrian and public transportation infrastructure, existing and future multimodal desire lines, and a preliminary connectivity assessment.

Description of Existing and Proposed Site Uses. A description of the existing and proposed uses of the Development Area will need to include information about the anticipated number and type of parking spaces (to include automobile parking, bicycle parking, and preferential parking for carpoolers and other non-drive-alone modes) and information about potential shared parking, on-street parking, and off-site parking opportunities.

Regional Mapping. Identification of site and Study Area boundaries in the form of a regional map showing the Development area and each road in the Study Area of the proposed Development. This map must also show other proposed Development sites (all municipally approved Developments under 100 PCE and those Developments 100 PCE and over that have an approved TMP submittal to MaineDOT) in the Study Area of the proposed Development, including the location of their existing and proposed driveways to the extent such information is available. This map shall include pedestrian, bicycle and transit Trip generators, origins and destinations within a radius of ¼ milefor urban/suburban contexts and a radius of up to 1 mile for more rural contexts.

Information Concerning Proposed Uses. Information concerning proposed uses in the Study Area of the proposed Development and the Traffic increases that are expected from sources other than the proposed Development and that are highly likely to occur in the Vicinity (as defined in MaineDOT's chapter 305 of the General Rules of the Department of Transportation) of the proposed Development during the study period. At a minimum, the Applicant must identify Development or redevelopment proposals which have been approved, either locally or by the Department, provided such approvals have not lapsed, and Development or redevelopment proposals for which complete Applications have been filed with and accepted by a local reviewing authority or the Department, provided the Applicant is actively pursuing the Application. If a local reviewing authority or the Department has requested from an Applicant additional information or submittals necessary to complete the processing of an Application but has not received such information within 270 calendar days of the request, that Applicant shall be deemed to be not actively pursuing the Application and the Department will consider the application withdrawn and will so notify the applicant.

Information Concerning Vehicle Trip Generation. Vehicle Trip generation caused by the Development or redevelopment is the determining factor in whether a Developer is required to apply for and obtain an MaineDOT Traffic Movement Permit. The Applicant should identify the expected use or uses of the Development, the amount of space or number of site users (or other suitable indicator of Trip generation), and the resulting Vehicle Trip generation of the proposed Development, including the weekday morning peak hour, the evening peak hour, daily Traffic, and other peak periods as may be appropriate (weekday mid-day peak, weekend mid-day peak, etc.), The Applicant must include appropriate documentation and references and document both Trip rates and Trip types. Trip generation must be calculated using approved methodology referenced in the MaineDOT Traffic Analysis Guidelines. The Trip generation data must be presented in a summary table listing each type of land use, the size involved, the Trip generation rate used (total daily Traffic and a.m./p.m. peak, weekend peak if necessary), and the resultant total Trips generated for the design peak hour of the adjacent street, or the design peak hour of the generator, whichever is the worst case scenario for the network.

Information about Trip Distribution. Information about Trip distribution, including a description and diagram of the anticipated distribution of Traffic entering and exiting the proposed Development area. For Developments which generate 500 or greater Trips, a gravity model, market study, or other approved methodology referenced in the MaineDOT Traffic Analysis Guidelinesis required to determine Trip distribution.

Information about Trip Assignment. Information about Trip assignment including, at a minimum, a stick diagram showing the network impacted by the Development as well as the first Major Intersection to either side of the Development driveway(s). The Applicant shall also include projections of bicycle and pedestrian uses and information about additional intersections for Developments with over 200 PCE, if threshold volumes are met.Threshold volumes are met at intersections where, during any one-hour period, Traffic attributable to the proposed Development equals or exceeds: (a) 25 vehicles in a left-turn-only lane; (b) 50 vehicles in a through lane, right-turn lane, or a combined through and right-turn lane; or (c) 50 vehicles (multiplying the left-turn volume by 1.5) in a combined left-turn and through lane, or a combined left-turn, through and right-turn lane. The Applicant shall also include a description and diagram of the anticipated utilization of roads and intersections in the Study Area of the proposed Development by Traffic attributable to the Development. Distribution and assignment of Trips must be based on population trends, surrounding land uses, the condition of roadways, market analyses, existing Traffic patterns and other relevant data. The technical analysis steps, basic methods, and assumptions used in this analysis must be clearly stated. The scope of this section must be to and including the first Major Intersection to either side of the Development driveway(s) and for multimodal considerations, bicycle/pedestrian/transit Trip generators, origins and destinations, and facilities within a radius of ¼ mile for urban/suburban contexts and a radius of up to 1 mile for more rural contexts.

Generally, for an over 200 PCE Application, the Study Area as defined by the above criteria would be limited to a radius of 2 miles from the Development Site unless the Department, at the Scoping Meeting, determines that the proposed Development will impair the safe and efficient flow of Traffic beyond a two mile radius due to the Development's scale, location, or nature.

Section 2. Traffic Crashes

The Application should provide an inventory and analysis of Traffic crashes occurring in the Vicinity of the proposed Development during the most recent 3-year period to identify high crash locations and their associated Critical Rate Factors or excess crash costs. The inventory must include:

A. An identification of high crash locations including road segments, intersections, or Development entrances and exits that may be deemed as unsafe when Traffic encounters conditions such as inadequate turning radii, poor geometrics, limited sight distance or high crash locations. “High Crash Locations” are road segments or intersections where eight (8) or more crashes have occurred over the most recent three (3) year period, and the "Critical Rate Factor" is greater than one (1.0).;

B. MaineDOT supplied Collision diagrams for each High Crash Location identified;

C. Information about excess crash rates and costs in accordance with MaineDOT’s Highway Safety Manual (using expected vs predicted crash rates); and,

D. Data on bicycle and pedestrian crashes identifying any trends, causal factors or relationships with motor vehicle crash data.

Section 3. Development Entrances and Exits. The Application must include the following:

A description of entrance and exit locations showing the exact distance (to the nearest hundredth mile) to the nearest intersecting road or town line The description must also include information about the number of entrances/exits and the proposed width and type of surface on the proposed entrances/exits, and sidewalks. Finally, the description must identify bicycle lanes/facilities or other multi-modal features (e.g. crosswalks, bus stop amenities such as benches and shelters, bicycle lanes and parking, etc.).

A plan view of each intersection created by the Development showing the names of the intersecting roads, the posted speed limit on the roads, the left and right sight distances, and the location of all driveways and roads located across from the Development site.

Information about the measured stopping sight distances in each direction for entrance and exit locations as well as the posted speed for the location of each driveway. Those sight distances shall be in conformance with the sight distance set forth inMaineDOT’s Chapter 299 Highway Driveway and Entrance Rules.

Evidence that the Entrance/Exits meet the following criteria and requirements:

Minimum driveway spacing and minimum corner clearance as specified in the MaineDOT’s Chapter 299 Highway Driveway and Entrance Rules.

Adequate sight distance must be achieved in both directions for vehicles entering onto or exiting from the highway. The design and location of the driveway should be such that it allows motorized vehicles, including trucks, to maneuver safely and without interference with Traffic. The entrance/exit location should provide adequate sight distance so that vehicles traveling on the highway or street adjacent to the driveway will provide sufficient stopping sight distance for vehicles waiting for a gap to turn left into the driveway entrance. A minimum safe sight distance must be provided for vehicles turning left from a major roadway. A Project that can be anticipated to generate any bicycle and pedestrian Trips shall provide sidewalks, crosswalks, and ADA accessible landings at and along the entrance to the public streets system and pedestrian connection(s) from the entrance(s) to and between the site structure(s).

Driveway width and other details shall be in accordance with the latest version of MaineDOT’s Standard Details; an updated version of the Standard Details is available on the MaineDOT Traffic website.

The grade of entrances shall be in conformance with the latest edition of MaineDOT's Highway Design Guide available on the MaineDOT Traffic website. All driveway entrance/exits within 75 feet of a roadway intersection shall not exceed a maximum grade of 3%.

Driveway entrance/exits shall comply with the most current version of MaineDOT’s Chapter 299 Highway Driveway and Entrance Rules. The width of drive entrances shall not exceed twenty-six 26 feet for residential use and forty-two 42 feet for commercial use.

Separation islands between entrances and exits where culverts are not required or are continuous between entrances, shall be raised islands, not less than six (6) inches above the surface of the entrance. Island should be either paved or seeded. If an open ditch is used between driveways having separate culverts, the raised section is not necessary and the separation island shall be graded to drain toward the culverts.

When sidewalks, curbing, or curb and gutter are to be removed as part of the construction, the Applicant must commit to replacing at its own expense the necessary sidewalks, curbing or curb and gutter at the break points of the entrance. All curbing at the side of the entrance shall form terminal ends as shown in the latest version of MaineDOT’s Standard Details; an updated version of the Standard Details is available on the MaineDOT Traffic website. A Project that can be anticipated to generate any bicycle and pedestrian Trips shall provide sidewalks, crosswalks, and ADA accessible landings at and along the entrance and pedestrian connection(s) and from the entrance(s) to and between the site structure(s).

Drainage in highway side ditches shall not be altered or impeded, and the Applicant must commit to providing, at its own expense, suitable and approved drainage structures at all entrances. Surface drainage structures shall cause all surface water on the areas adjacent to the highway to be carried away from the highway and shall be built in such a way as to prevent significant increase in the peak flow (50-year storm event) draining towards the roadway.. The drainage opening underneath the entrances or filled areas adjacent to the highway shall be adequate to carry the water in the highway side ditches. Size, type of pipe and adequacy of proposed structures shall be approved by the Department prior to installation. The Applicant shall agree to use Maine Department of Environmental Protection's method for determining and detaining storm water run-off . Drainage issues do not have to be resolved prior to the Scoping Meeting but must be resolved prior to Project construction. The Region Engineer or his designee shall determine whether drainage increases toward the roadway are significant.

Section 4. Title, Right or Interest

The Department may consider an Application only when an Applicant has demonstrated Title, Right, or Interest in all of the property being proposed for development or use, including Development entrances and exits. The Development’s entrances/exits cannot be constructed in an area where MaineDOT has Control of Access rights. The following documentation of Title, Right, or Interest, as applicable must be submitted with the Application and shall be reviewed for adequacy by the Department.

When the Applicant claims ownership of the property, the Applicant will provide copies of the deeds to the property;

When the Applicant has an option to buy the property, the Applicant will provide a copy of the option agreement which must contain terms deemed sufficient by the Department to establish future title;

When a Purchase and Sale agreement has been signed, the Applicant shall provide a copy the Purchase and Sale agreements with terms deemed sufficient by the Department to establish future title;

When the Applicant has a lease on the property, the Applicant will provide a copy of the lease, which must be of sufficient duration, as determined by the Department, to permit construction and reasonable use of the Development;

When the Applicant has eminent domain power over the property, the Applicant must supply evidence of the ability and the intent to use the eminent domain power to acquire sufficient Title, Right or Interest to the satisfaction of the Department.

Section 5. Public or private rights-of-way

The Application must identify the location and width of proposed streets, easements, and other public or private rights of way in the Development. No entrance, approach, or other improvement constructed as a requirement of the TMP shall be relocated or have its dimensions altered without the written permission of the MaineDOT’s Bureau of Project Development. The Applicant shall not install structures or pavement in the State’s highway right of way that are not related to the installation of the entrance or exit.

Section 6. Schedule

The applicant must provide an estimated completion schedule for the Development Project. If construction of the proposed Development will place in phases, the estimated completion schedule should be proved in phases.

Section 7. Traffic Study Requirements

A Traffic Study of roads in the Study Area of the proposed Development must be completed for those Applications for projects generating 200 or more passenger car equivalent Trips or if a Traffic Study was requested by the Department at the Scoping Meeting. This Traffic Study (the “Section 7 Traffic Study”) is expected to include the following information along with updated information for Sections 1 through 6 above if warranted.

A. Existing and Projected Traffic Volumes. The Traffic Study should provide diagrams of the Traffic volume on roads and intersections in the Study Area of the proposed Development for the estimated a.m. and p.m. peak hour Traffic (including turns during the peak hour) unless the Department at the Scoping Meeting determines that another approach or period of time is more appropriate. Traffic diagrams must show the following:

1. Existing vehicle Traffic volume based on actual counts consistent with current MaineDOT Guidelines for Data Collection.

2. Vehicular Traffic attributable to other Development Projects that are proposed or approved but are not operational at the time the Traffic counts are made. An Applicant must consider:

a. Approved Projects, provided the permit has not lapsed and has not been extended more than once;

b. Department rulings and municipal planning permits, subject to the specific terms of those rulings or permits; and

c. Proposed Projects for which complete Applications have been filed and accepted, provided the Applicant is actively pursuing the Application.

3. Projected vehicular Traffic volume and multi-modal Person Trips for the design hour at the time the Development will begin operation, assuming build-out and full occupancy of the proposed Development. This information must include peak hour projections of bicycle and pedestrian Person Trips as shown in MaineDOT Traffic Analysis Guidelines.

Documentation, including all new Traffic counts and analysis worksheets, as to how the various volumes were derived must accompany the diagrams. Computer techniques and the associated printouts can be used as part of the report.

Projected Traffic volumes should be calculated using a methodology approved by the MaineDOT detailed in the MaineDOT Traffic Analysis Guidelines.

B. Capacity Analysis. A Capacity Analysis must be performed (for A.M and P.M. peak hours and weekend peak hours when applicable) to determine the Level of Service for each road and intersection in the Study Area of the proposed Development. Analysis shall also be performed for other modes such as pedestrians, bicycle riders, and transit users. The Capacity Analysis shall be completed as directed in the MaineDOT Traffic Analysis Guidelines. When it is shown that the Capacity Analysis methodology will not accurately measure operating conditions at a certain road or intersection, the Department may require an Applicant to analyze operating conditions of the intersection or road using another methodology acceptable to the Department. In the case where an intersection being evaluated is part of an interconnected signal system, the Applicant, at the discretion of the Department, may be required to include the analysis of the interconnected system in the evaluation.

The Department recognizes that the Level of Service of some roads and intersections cannot be accurately determined using only the standard Capacity Analysis method. In such cases, the appropriate analytical technique will be determined in consultation with the Department. The Department will have final say in deciding which appropriate analytical technique should be applied.

In reviewing the Capacity Analysis in the Traffic Study, the Department will consider the following:

Design and Operation. In determining whether the Developer has made adequate provision for Traffic movement of all types into and out of the Development and in the Study Area of the proposed Development, the Department shall consider all relevant evidence to that effect to ensure the safe and efficient flow of Traffic. On-site design and operations are subject to review, to the extent deemed necessary by the Department, to ensure that the Development will not cause any delay, interference or safety problems with the operation of adjacent roadways, driveways, and pedestrian, bicycle and transit facilities. The Development must be located and designed so that the roads and intersections in the Study Area of the proposed Development will have the ability to safely and efficiently handle the Traffic increase attributable to the Development at the time the Development becomes fully operational.

Study Horizon. The Traffic impacts of a proposed Development shall be assessed based on the period from the issuance of the TMP through the projected year of full build-out of the proposed Development. If the proposed Development is a multi-phase Project with a projected build-out date of up to five (5) years after the year of permit issuance, the Department may require a study for each phase of the proposed Development. Phases developed after 5 years will require a TMP modification if the cumulative Trips associated with those phases is between 100 and 200 PCE Trips. Development phases generating more than 200 Trips will require a new TMP Application.

Unreasonable Congestion. Level of Service D, as determined from a Capacity Analysis, is considered the minimum Level of Service needed to provide safe and convenient Traffic movement. Where a road, intersection, or any approach lane to the specific intersection or intersections being evaluated in the Study Area of the proposed Development is determined to operate at LOS E or LOS F in the build year and improvements cannot be made to raise the LOS to D or above, the Department will conclude that the proposed Development will result in unreasonable congestion, unless one or more of the following conditions justifies an exception from this standard:

1. The Level of Service of the road or intersection will be improved to D or better through Transportation Demand Management Techniques;

2. The Department finds that it is not reasonably possible to raise the Level of Service of the road or intersection to D or above by road or intersection improvements or by Transportation Demand Management Techniques but is comfortable that proposed improvements and/or Transportation Demand Management Techniques will insure that Traffic from the proposed Development will not increase delay at a signalized or unsignalized intersection or otherwise worsen the operational condition of the road or intersection in the horizon year;

3. The Department finds that improvements cannot reasonably be made because the road or intersection is located in a business district or because implementation of the improvements will adversely affect a historic site as defined in 06-096 CMR 375(11) (Preservation of Historic Sites) and that Transportation Demand Management Techniques will be implemented to the fullest extent practical;

4. The Development is located in a Designated Growth Area, or in the compact area of an Urban Compact municipality, in which case the Applicant shall be entitled to an exception from the Level of Service mitigation requirements set forth under the General Standards in this Section. This exception applies even if part or all of the Traffic impacts of the proposed Development occur outside the boundaries of the Designated Growth Area. This exception does not exempt the Development from meeting safety standards, and greater mitigation measures may be required than otherwise provided in this subsection if needed to address safety issues. Transportation Demand Management Techniques are also likely to be required. The required improvements are limited only to those necessary to mitigate the impacts of the Project (which means the Applicant is responsible only for returning all approaches to an intersection or piece of a roadway to the current Level of Service);

5. In the case of unsignalized intersections, if Traffic with the Development in place would not meet the warrant criteria for signalization or auxiliary turning lanes, evaluated using methodology approved by the MaineDOT detailed in the Traffic Analysis Guidelines, then the Department may reduce the mitigation requirement for those measures so long as the resulting Traffic conditions provide for safe Traffic movement; or

6. The Development is located in an area designated as a growth area in a local growth management plan that has been found by the State to be consistent with the growth management program in M.R.S. Title 30-A, Chapter 187, or located within the compact area of an Urban Compact municipality, or on a former military base pursuant to 38 M.R.S. §488(15). Projects that consist of a conversion of an existing facility without an entrance or exit on a federally classified arterial highway do not have to meet Level of Service D if the required improvements are limited only to the entrances and exits of the Project and Transportation Demand Management Techniques can be used to increase safety.

7. Consideration of Drive-Through Operations. For uses with drive-through operations, the Applicant will need to ensure and submit analysis, consistent with methodologies approved by the MaineDOT as detailed in the MaineDOT Traffic Analysis Guidelines, that shows that potential queuing related to the drive-through operations will not spill-back or create unsafe conditions on the adjacent roadway.

Traffic Signals. The need for new Traffic signals in the Study Area of the proposed Development is determined in the traffic study using the signal warrants found in the latest edition of the Manual on Uniform Traffic Control Devices (MUTCD), U.S. Department of Transportation, Federal Highway Administration. The use of data used to determine whether an intersection trigger a Traffic Signal warrants will be consistent with methodologies approved by the MaineDOT detailed in the MaineDOT Traffic Analysis Guidelines.

Applicants should note that the signal warrants in the MUTCD are not the sole criteria used to determine the need for new traffic signals. Although an intersection may meet the MUTCD warrants, the Department may determine that a signal is not appropriate.

D. Bicycle, Pedestrian, and Transit Modes

The Section 7 Traffic Study should include an assessment of the mode split assumptions as well as the Applicant’s plan to maximize travel choice, promote non-SOV (Single Occupancy Vehicle) modes, and achieve the assumed mode shares.

If a facility within the Applicant’s Study Area has an access or accommodation deficiency in the mode under review (bicycle, pedestrian, transit), the Section 7 Traffic Study must assess options to facilitate safe, convenient, and functional access via these modes as follows:

In locations where pedestrian facilities are not available, the Applicant shall evaluate and document pedestrian needs, desire lines, and opportunities to provide pedestrian infrastructure.

In locations where bicycle facilities are not available, the Applicant shall evaluate, and document bicycle needs and opportunities to provide bicycle infrastructure.

In locations where transit facilities are not available, the Applicant shall evaluate and document needs, origins and destinations, and opportunities to provide transit service when requested by the municipality, MaineDOT, Regional or Municipal Planning Organization or Transit provider.

When required, the Section 7 Traffic Study should [or must, if you prefer] use Multi Modal Level Of Service (MMLOS) Applications in analyzing signalized/unsignalized intersections, urban arterials facilities, and roadway segments for informational purposes to aid MaineDOT and the Applicant in understanding relative impacts to the modes assessed. When required, MMLOS shall be used in conjunction with the MaineDOT Traffic Analysis Guidelines.

E. General Safety Issues. For the identified high crash locations shown in Part 6 -Section 2 and/or other safety items defined in MaineDOT Traffic Analysis Guidelines, the Section 7 Traffic Study must provide an inventory of mitigation strategies for those locations and propose strategies to solve the safety issues identified in subsection D. Bicycle, Pedestrian and Transit Mode above.

Recommendations. If the Section 7 Traffic Study analyses indicate that unsatisfactory levels of services or unsafe conditions exist or will occur at intersections or on roads in the Study Area of the proposed Development, the recommendations must include a description of the measures proposed to remedy the deficiencies, including the following:

1. A description and diagram of the location, nature, and extent of recommended improvements to roads and intersections in the Study Area of the proposed Development and a description of recommended Transportation Demand Management Techniques to be utilized on site. Examples of these can be found in the MaineDOT Traffic Analysis Guidelines . Of the recommended improvements, identify those proposed for implementation.

2. Capacity Analysis after improvement. A description of the anticipated results of making these improvements.

3. Section 7(B)(3)exceptions. If the proposed Development is entitled to an exception under Section 7(B)(3)(a), (b), (c), (d), (e) or (f) the descriptions provided pursuant to (a) and (b) may be limited to the improvements necessary to provide safe conditions and the Level of Service required under Section 7(B)(3).

MaineDOT may grant an Exception for mitigation of unreasonable congestion, as defined above, within an Urban Compact area or within a Designated Growth Area if:

There is inadequate room to construct widening for extra capacity, or

Construction of additional lanes would pose safety issues for bicycle or pedestrians and,

The Applicant has proposed or will be participating in Traffic Demand Management techniques and in alternative mitigation (e.g. impact fee, in-lieu-of fees).

For locations where there are physical constraints on the ability to accommodate multi-modal needs due to existing build-out in urban contexts, the TMP Applicant can apply for an Exception to provide mitigation and/or pay a fee in lieu of mitigation. Exceptions shall not be made to avoid ADA compliance.

For locations where Multi-Modal Trips are highly unlikely due to the lack of transit routes or origins for bike and/or pedestrian Trips, the TMP Applicant can apply for an exception to provide mitigation.

H. Conclusion. A clear, concise description of the study findings; including all proposed roadway mitigation and any impact/in lieu fees to be assessed to the Applicant.

Part 7. ROADWAY DESIGN REQUIREMENTS

General. The mitigation proposed by the Applicant that involves construction projects on State or State-aid highways must meet or exceed the minimum design criteria of this section unless:

A conflict with municipal standards exists. If specific provisions of the design criteria of this section conflict with specific provisions of duly enacted municipal standards for roads and entrances the Applicant may request that the specific municipal standard be applied. If the Applicant so requests, the Applicant must also demonstrate that the alternative follows generally accepted engineering techniques and will allow safe and efficient Traffic movement and the Municipal standards for multi-modal facilities meet or exceed standards as stated in the MaineDOT Traffic Analysis Guidelines; or,

Alternative Design Criteria will provide the same result and, therefore, the Applicant requests an Alternative Design Exception. In support of the Exception, the Applicant must demonstrate that proposals which vary from the criteria of this section will allow safe, adequate and convenient movement of Traffic of all types into and out of the Development site. Applications for approval of roadway and entrance plans that vary from the requirements of Part 6 - Section 7 must identify the criteria that will not be met, specify the proposed alternative, and set forth such evidence as is necessary to show that the alternative is in accordance with generally accepted engineering design practices and will allow safe and convenient Traffic movement. Alternative Design Criteria for multi-modal facilities must meet or exceed standards as stated in the MaineDOT Traffic Analysis Guidelines.

Design Criteria for State or State-Aid Roads. The geometric design standards contained in MaineDOT’s latest highway design requirements must be applied to all new construction, reconstruction and major rehabilitation Projects. Corridor/Route continuity must be considered when determining widths for the access points for any particular Project.

Design Criteria for Entrances and Exits

Identification. Entrances and exits must be clearly identified by the use of signs, curb cuts, raised medians, crosswalks, sidewalks, bicycle facilities and landscaping as appropriate.

Design Approval. The entrance and exit design must be reviewed and approved by the Department if the entrance will be located on a state or state-aid highway.

General Design Considerations. The design of all entrances and exits associated with a proposed Development must include, at a minimum, consideration of the following items as per guidelines set forth in the edition of the MaineDOT publication "Access Management - Improving Efficiency of Maine Arterials" referenced in MaineDOT's fact sheet:

a. Safe sight distance;

b. Maximum number of driveways per lot; (see 23 M.R.S. §704)

c. Minimum distance between driveways and side streets (corner clearance);

d. Minimum distance between driveways;

e. Turn radius and driveway width;

f. Approach grades;

g. Auxiliary turning lanes (right-turn lanes, left-turn lanes);

h. Driveway throat length; and

i. Multi-modal needs, including bike lanes, sidewalks, crosswalks, and/or transit facilities.

D. Miscellaneous Requirements

• 1. Lighting. Lighting must highlight the driveways of the Development. Parking areas must be designed to prevent vehicle lights from shining onto adjacent roadways by using parking orientation, buffers, or other effective measures. 2. Interference with adjacent roadways

a. Sufficient parking facilities must be provided within and/or adjacent to the Development site to meet the parking needs of the Development. Parking facilities include shared parking facilities within or near the site, on-street parking, access to off-street parking lots, parking lots, loading and unloading space, and circulation aisles and corridors.

b. Unless no other practicable alternative is available, parking areas must be designed so that, without resorting to extraordinary movements, vehicles may exit such areas without backing onto a public street. This requirement does not apply to parking areas consisting of driveways that serve single-family detached dwellings provided the driveway entrance is situated on a local road and not on a collector road or arterial road.

c. Parking stalls for the Development may not be directly accessible from any public way. Ingress and egress to parking areas must be limited to driveway entrances.

d. No loading docks may be located on any street frontage .

Terms and Conditions. The Department may, as a term or condition of approval of the TMP Application, establish any reasonable requirement to ensure that the Applicant has made adequate provision in its roadway design for Traffic movement for all types of Traffic, including, but not limited to, the following:

Limitations on the size, time of operation, manner of operation, number of vehicles operating out of or into the Development area, and size or configuration and operation of the Development as a whole.

Appointment of a Traffic control officer.

Restrictions concerning the grade or location of driveways and provision for the sharing of a driveway access point by two or more properties.

Installation of Traffic warning, speed limit, and directional signs.

Clearing of signs, brush or other obstructions near entrance-ways to insure visibility for adequate sight distances.

Construction of frontage roads or turning lanes.

Improvements (i.e. changes in road access, geometry or operations) to any intersection or road in the Study Area of the proposed Development when any of the following criteria are met:

a. The intersection or road has been determined to be unsafe or to operate at Level of Service E or F;

b. The warrants are met for signalization;

c. There is inadequate storage lane capacity for turning Traffic; or

d. There is a need for bicycle and pedestrian facilities to meet acceptable multi-modal level of service.

If the required road and intersection improvements are located on municipally owned roads, the Applicant must demonstrate that the municipality has authorized the improvements.

Also, as a condition of approval, the Department may require that the Development schedule include a timeline to construct/finish transportation system improvements.

Additionally, the Department may restrict its approval of the TMP Application to those Development phases projected to mature within five years of the date of approval.

NOTE: Where approval is restricted to the initial phase or phases of a multi-phase Development, an updated and revised Section 7 Traffic Study must be submitted to the Department for review and approval prior to commencement of subsequent phases. In these cases, monitoring of Traffic generated by the initial phase or phases could result in adjusted Traffic projections for later phases.

F. Implementation of Off-Site Traffic Improvements. Required improvements to roads or intersections in the Study Area of the proposed Development must be constructed and implemented prior to initial occupancy of the Development except as provided below:

A Municipal Impact Fee Is Applied. For this exception to apply, the applicant must demonstrate the following:

a. Impact Fee Ordinance. The municipality in which improvements are needed has adopted an impact fee ordinance pursuant to 30-A M.R.S.§4354;

b. Impact Fee Payment. The Applicant has paid or will pay an impact fee pursuant to the ordinance;

c. Impact Fee Use. The impact fee will be used to make the improvements required by the Department; and

d. Department Approval. The improvement plan has been reviewed and approved for implementation by the Department.

2 . A Non-municipal Funding Mechanism is Applied. For this exception to apply the Applicant must demonstrate the following:

a. Mechanism established. A non-municipal funding mechanism has been established to apportion the cost of the needed improvements;

b. Pro-rata Share. The Applicant has contributed or will contribute a pro-rata share of the cost of the improvements;

c. Fund Sufficient. The amount of the fee, together with fees reasonably expected from other Developers and government agencies, will be sufficient to fully fund the improvements;

d. Department Approval. The improvement plan has been reviewed and approved for implementation by the Department;

e. Local Approvals. The improvement plan has received all necessary local approvals, including funding authorizations; and

f. Schedule. The improvements are scheduled for implementation within three years of the initial occupancy of the Development.; or

3. A MaineDOT Imposed Impact Fee or in Lieu fee is Applied. For this exception to apply, the Department must have done one the following:

a. Imposed an Impact Fee on the Applicant in addition to and/or in lieu of mitigation; or

b. Imposed an Impact Fee on the Applicant for impacts at Critical Intersections; or

c. Imposed an Impact Fee to help implement Transportation Demand management strategies, which may include ridesharing, carpooling, vanpooling, mass transit and modified work schedules.

4. Department or Municipal Sponsored Projects. The Department has determined that Mitigation can be accomplished through an already scheduled MaineDOT or municipal Project or through a MaineDOT or MPO sponsored MPI or BPI Project. For this exception to apply the Applicant and the Department must agree that the necessary Traffic improvements will be implemented by the responsible party within three years of the initial occupancy of the Development.

5. Transportation Demand Management Techniques. The Department determines that Transportation Demand Techniques to be implemented by the Applicant, Municipality, or the Department (e.g. ridesharing, carpooling, vanpooling, mass transit and modified work schedules), that will offset the need for off-site Traffic improvements.

Variances. Whenever an Applicant or licensee seeks to vary from the design requirements of these Rules, the Applicant or licensee must present clear and convincing evidence that the Project's proposed location, design, or construction is distinctive in a way that allows for compliance with the intent of these design requirements, and will not result in unreasonable congestion or unsafe conditions on a road within the Study Area of the proposed Project. Variances, including Alternative Design Exceptions, may be allowed for Section 7 and MaineDOT, in its sole discretion, will make the sole call on whether a variance is allowed. The Department maintains the discretion to accept variances for other sections dealing with design standards.

Part 8. PERMIT ISSUED

After the conclusion of the appropriate TMP Application review process and a finding by the Department that the Application is complete, the Department will issue a TMP to the Applicant setting out the pertinent conditions (including mitigations and restrictions) needed to fulfill the TMP requirements. The TMP will not be considered valid or effective until such time as all conditions of the TMP have been met and the Applicant has filed a Notification of Issuance of Traffic Movement Permit (“TMP Notification”) in a form provided by the Department. The notification must set out all of the conditions and requirements of the TMP that govern access to the Development which is the subject of the TMP.

The permittee has five (5) years to start construction of the permitted facilities and seven (7) years to complete the Project. A new TMP will be required for any future Development of the site. The existing TMP will be void or without effect if TMP conditions are not met or if the TMP Notification has not been filed.

If a permittee completes all the mitigation required for the Development but does not start the Project within five (5) years or finish the Project within seven (7) years, the additional permitted Trips are lost and do not stay with the property/TMP. A new TMP or TMP Modification would be required. Failure to comply with any requirements of the TMP or the Rule may result in the TMP being voided or rescinded. The permit holder in violation of this Rule will also be in violation, and subject to penalty, under 23 M.R.S. §704-A(10).

Part 9. DEVELOPER REVIEW PROCESS

The Applicant must follow the process below for TMPs that require the Developer to construct or implement mitigation on a state or state-aid highway.

The Developer must submit plans and seek approval of the design plans in coordination with the applicable Region Engineer.

The Department will assess a fee for the review of the plans and comment on issues for future resubmittals.

For all Developer Projects, after the submittal of the plans to the Region Engineer the Developer will be required to meet with the “Developer Right of Way Committee”, which is a standing committee that meets monthly to review submittals. The committee will help guide the Developer through the right of way process.

The Developer must enter into a Developer Agreement with the Department setting out the required system improvements and the property rights that must be acquired and conveyed to the Department.

Construction of improvements cannot commence until the Developer Right of Way Committee has approved the plans and the Developer Agreement has been executed.

The Developer Right of Way process will be deemed complete when the Applicant has acquired all of the property rights required for mitigation, has constructed the improvements to the highway system, has conveyed those rights to the Department as set out in the Developer Agreement, and has submitted a formal Right of Way plan acceptable to the Region Engineer which is capable of being filed at the appropriate Registry of Deeds.

If the Applicant does not complete the Developer Right of Way process within 6 weeks of the opening of the Development, the Department will rescind the Traffic Movement Permit for the given parcel(s).

Part 10. RECONSIDERATION AND APPEALS

A. Reconsideration

Any interested party with standing (as defined by Maine Law) may request Reconsideration of the permit by the State Traffic Engineer, but must do so in writing within 30 business days after notice of the Department’s permit decision.

The request for reconsideration must set forth the findings and conclusions of the Department to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested and if the State Traffic Engineer determines a hearing is warranted, a hearing will be held ordinarily within 15 business days of receiving the reconsideration request.

The State Traffic Engineer will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the State Traffic Engineer’s reasons for either affirming or modifying the original permit decision.

The running of the time for appeal pursuant to Part 10 (B) of this rule and the Administrative Procedure Act is tolled by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal under Part 10(B).

B. Appeals

Appeal of decisions of the State Traffic Engineer must be made in writing to the Commissioner within 15 business days of notice of the permit or reconsideration decision (whichever is later) of the State Traffic Engineer. The appeal decision of the Commissioner or his or her designee will be considered final agency action.

Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §11001, et seq . and Rule 80C of the Maine Rules of Civil Procedure .

Part 11. APPLICATION PRIORTIES FOR PROJECTS

If multiple TMP Applications from different Applicants are filed within the same Maine Region, MaineDOT will establish priority of applications for 100-200 PCE Developments using the date when the Department has found the application complete and has accepted such Application for review. Priority for multiple Applications for over 200 PCE Developments will be established using the date when the Department finds the Traffic Study (Section 7 of the Specific Submission Requirements) complete and has accepted such application. The Applicant will be notified in writing when the Department has accepted the application.

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History

• STATUTORY AUTHORITY: 23 M.R.S. §704-A
• EFFECTIVE DATE: May 20, 2000 – filing 2000-147 (Final adoption, major substantive)
• EFFECTIVE DATE: April 14, 2022 – filing 2022-040 (Final adoption, major substantive)

Chapter 306 Truck Size and Weight Limits on Maine's Interstate Highway System

Code Me. R. 17-229 Ch. 306 Truck Size and Weight Limits on Maine’s Interstate Highway System {#sec-17-229-ch.-306 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 306}

SUMMARY: The following rules and regulations govern the permissible truck size and weight configurations on the entire Interstate Highway System under MaineDOT jurisdiction.

BACKGROUND: Public Law 2011, Chapter 482 grants the Commissioner of Transportation permission to adopt routine technical rules that allow truck configurations legal on non-Interstate State Highways to utilize the Interstate Highway System.

306.01 EXCLUSIONS

This rule does not apply to those portions of the Interstate Highway System under the jurisdiction of the Maine Turnpike Authority.

306.02 GENERAL PERMISSIONS

All truck configurations legally allowed on State Highways without permit are granted the privilege to operate on the Interstate Highway System, subject to the provisions of this Rule. This includes all applicable truck size and weight limits as prescribed in 29-A MRSA Chapter 21.

306.03 REVOCATION FOR CAUSE

The Commissioner of Transportation may revoke the privilege of any carrier to operate on the Interstate Highway System pursuant to this Rule for cause. Revocation by the Commissioner of Transportation is considered a final agency action.

History

• STATUTORY AUTHORITY: Public Law 2011, Chapter 482, enacted March 5, 2012.
• EFFECTIVE DATE: May 12, 2013 – filing 2013-112
• EFFECTIVE DATE: June 11, 2013 – filing 2013-127 (EMERGENCY)
• EFFECTIVE DATE: October 27, 2013 – filing 2013-254

Chapter 308 Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways

Code Me. R. 17-229 Ch. 308 Rules to Establish Seasonal Load Restrictions on Certain State and State Aid Highways {#sec-17-229-ch.-308 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 308}

SUMMARY: The following rules define the heavy load restrictions on posted State and State Aid Highways between November 15 to June 1, pursuant to the Department of Transportation’s authority under Title 29-A M.R.S.A., Section 2395

SECTION 1. DEFINITIONS

The definitions contained in Title 29-A, Section 101 of the Maine Revised Statutes Annotated are hereby included.

Limited Load Permit - A written permit issued by the Maine Department of Transportation authorizing the transport of certain commodities under certain specified circumstances as defined in this chapter.

Exemption Certificate – A permit that was issued by the Maine Department of Transportation prior to the establishment of Limited Load Permits and allows for a partial load defined by axle configuration.

Perishable Product – Any commodity (typically food items) that require expeditious transportation in a controlled atmosphere for protection against heat or cold to prevent deterioration.

Special mobile equipment. "Special mobile equipment" means a motor vehicle with permanently mounted equipment not designed or used primarily for the transportation of persons or property. "Special mobile equipment" includes, but is not limited to, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, trucks used only to plow snow and for other duties pertaining to winter maintenance, including sanding and salting, well drillers and wood-sawing equipment or similar types of equipment.

Special Commodity – Includes any of the following:

Home delivered heating fuel (oil, gas, coal, stove size wood that is less than 36” in length, propane and wood pellets);

Petroleum products;

Groceries;

Bulk milk;

Bulk feed;

Solid waste;

Animal bedding;

Returnable beverage containers;

Sewage from private septic tanks or porta-potties;

Medical gases;

United States mail; or

l) Compost (nutrient-rich organic matter produced by the controlled decomposition of plant and animal materials, used in agriculture to improve soil fertility, structure, and moisture retention).

SECTION 2. DESIGNATED CLOSED WAYS

In order to prevent excessive damage to State and State-Aid Highways, the Maine Department of Transportation Commissioner (MaineDOT) may close all or part of a highway to heavy vehicles during any time from November 15 to June 1. No heavy vehicles shall travel over closed ways except those permitted by this rule.

SECTION 3. NOTICE

Notice shall be given by erecting an orange poster at each end of a closed highway indicating the following: (1) the date of the posting, (2) a description of the highway that is closed, (3) a summary of the vehicles exempt from the closing, (4) the name of the Department’s Representative, and (5) the applicable statutory and regulatory references.

SECTION 4. EXEMPTION – FROZEN HIGHWAYS

This rule shall not apply to a closed highway which is frozen. A highway is considered “frozen” if the air temperature is 32 degrees Fahrenheit or below and no water is showing in the cracks of the road. Alternatively, if the air temperature is 32 degrees Fahrenheit or below and there is water showing in the cracks of the highway, the highway will be considered “frozen” if the adjacent gravel driveways, shoulders, or lawns remain frozen.

SECTION 5. EXEMPT VEHICLES

The following vehicles are exempt from this rule and do not require any type of permit from MaineDOT:

1. Any vehicle or combination of vehicles registered for a gross weight of 23,000 pounds or less.

2. Any vehicle or combination of vehicles registered for a gross weight in excess of 23,000 pounds and traveling without a load other than tools or equipment necessary for the proper operation of the vehicle. This exemption does not apply to special mobile equipment. It shall be a defense to a violation of this sub-section if the combined weight of any vehicle or combination of vehicles registered for a gross weight in excess of 23,000 pounds and its load is in fact less than 23,000 pounds.

3. MaineDOT vehicles or other vehicles authorized by MaineDOT to maintain the roads under their authority.

4. Authorized emergency vehicles as defined in 29-A MRSA §2054, school buses, a wrecker towing a disabled vehicle of legal weight from a posted highway, and vehicles with three axles or less under the direction of a public utility and engaged in utility infrastructure maintenance or repair.

5. Any two axle vehicles registered for a gross weight in excess of 23,000 pounds and less than or equal to 34,000 pounds that are carrying any of the Special Commodities defined herein may operate without a permit.

SECTION 6. ELIGIBILITY FOR LIMITED LOADS

A Limited Load Permit specifies a reduced weight for a truck based upon its axle configuration and tire width. Applications for a Limited Load Permit must include a copy of the vehicle registration and a certified weigh slip for the empty weight of the vehicle. Applications are located on MaineDOT’s Posted Roads website found at https://www.maine.gov/dot/programs-services/local-roads-and-projects/posted-roads. A Limited Load Permit is valid for as long as it is used to transport the same commodity and is owned by the same owner.

1. A Limited Load Permit is available for vehicles with a Gross Vehicle Weight Rating over 34,000 pounds and carrying a Special Commodity (Vehicles with a GVW from 23,000 pounds and up to 34,000 pounds are covered in Section 5). These vehicles must be carrying a partial load and the total vehicle with load weight equal to or less than that indicated on the Limited Load Permit issued by MaineDOT. This permit shall accompany the vehicle at all times as shall weigh slips, delivery slips, or bills of lading for the load being carried.

2. “Exemption Permits” issued prior to the implementation of this rule remain valid as long as the vehicle owner and registration number on the permit are still consistent with the vehicle’s registration.

SECTION 7. OBTAINING TRIP TICKETS TO HAUL BULK PERISHABLE PRODUCTS OVER SEASONALLY POSTED ROADS

Trip Tickets are used to move bulk perishable items one time. Entities interested in obtaining a Trip Ticket must use the following process:

Entities intending to haul bulk perishable products over seasonally closed ways must secure a Trip Ticket from MaineDOT through its applicable region office. Information regarding the MaineDOT regions, office locations and contact information may be found on the MaineDOT web site at www.mainedot.gov .

Upon receipt of information regarding the requested route, vehicle axle configuration, and commodity being moved, MaineDOT will have up to 72 hours to review the request and may charge a reasonable fee for its administration of Trip Tickets.

Any Trip Ticket issued will be valid for a single move by a 5 axle or more combination vehicle and will be limited to a combined maximum weight of 80,000 pounds. The Trip Ticket may be further limited by time, route, and/or weather conditions.

The trip ticket must be kept with load at all times.

Additional trip tickets will not be issued to shippers that are in violation of any of the required conditions and rules.

At its sole discretion, MaineDOT may close any posted road to the hauling of bulk perishable products.

SECTION 8. EXCEPTIONS

MaineDOT, in its sole discretion, may allow heavy loads over posted roadways during times of emergency or in such instances where singular, nonrecurring moves are deemed to be unique, essential, and reasonably unforeseen. Permission for such moves will be made in writing specifying the limitations, and shall accompany the vehicle at all times.

History

• STATUTORY AUTHORITY: 29-A MRS §2395; 23 MRS §§ 52, 4206
• EFFECTIVE DATE: December 18, 2016 – filing 2016-225
• AMENDED: November 5, 2019 – filing 2019-190
• APAO ACCESSIBILITY CHECK (Word): March 24, 2026 (agency of jurisdiction detected no issues)
• AMENDED: March 29, 2026 – filing 2026-071

Chapter 310 Rules for Permitting Overlimit Commercial Vehicles of Specified Configurations to Travel Designated Routes

Code Me. R. 17-229 Ch. 310 Rules for Permitting Overlimit Commercial Motor Vehicles of Specified Configurations to Travel Designated Routes {#sec-17-229-ch.-310 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 310}

SUMMARY: This rule implements the Special Haul Route Permit program authorized by Title 29‑A M.R.S.A. §2354-D that provides for the operation of certain commercial motor vehicles that exceed weight limits and vehicle dimension standards to operate on a designated route of travel.

SECTION 1. DEFINITIONS

Generally, unless the context clearly indicates otherwise, undefined terms used in this rule have the same meaning as in Title 29-A M.R.S.A.

1. APPLICATION: means the original or renewal document submitted as part of the procedure outlined in these rules to be granted the privilege of moving permitted vehicles on the public highways.

2. APPLICANT: means a motor carrier seeking authorization from the Overlimit Permit Unit of the Department of Motor Vehicles to operate commercial motor vehicles of a specified configuration at a specified maximum weight limit over a designated special haul route pursuant to a Memorandum of Agreement with the Maine Department of Transportation as set forth in Section 5, Sub-section 4

3. APPORTIONED OR PRORATED FOR THE STATE OF MAINE: means registration based on a proportional payment of registration fees determined through the IRP which includes a fair allotment for Maine.

4. B-TRAIN DOUBLE: means a truck tractor semitrailer-semitrailer combination vehicle in which the two trailing units are connected with a B-train assembly. The B-train assembly is a rigid frame extension attached to the rear frame of a first semitrailer that allows for a 5th wheel connection point for a second semitrailer. The configuration has eight total axles arranged as follows: steering axle; tandem axle; tri-axle; tandem.

5. BEHAVIOR ANALYSIS AND SAFETY IMPROVEMENT CATEGORIES (BASICs): means the seven carrier and driver behavior categories used by the Federal Motor Carrier Safety Administration’s Safety Measurement System (SMS) to quantify the on-road safety performance of carriers and drivers to identify candidates for interventions, discover and target specific safety problems unique to a carrier or driver, and monitor safety problems throughout the intervention process. The seven BASICs are as follows:

A. Unsafe Driving - operation of commercial motor vehicles by drivers in a dangerous or careless manner.

B. Fatigued Driving - operation of commercial motor vehicles by drivers who are ill, fatigued, or in non-compliance with the Hours of Service regulations.

C. Driver Fitness - operation of commercial motor vehicles by drivers who are unfit to operate a commercial motor vehicle due to lack of training, experience, or medical qualifications.

D. Controlled Substances/Alcohol - operation of commercial motor vehicles by drivers who are impaired due to alcohol, illegal drugs, and misuse of prescription or over-the-counter medications.

E. Vehicle Maintenance - failure to properly maintain a commercial motor vehicle.

F. Cargo-Related - failure to properly prevent shifting loads, spilled or dropped cargo, overloading, and unsafe handling of hazardous materials on a commercial motor vehicle.

G. Crash Indicator – commercial motor vehicle operation with a history or pattern of high crash involvement, including frequency and severity.

6. BUREAU: means the Maine Bureau of Motor Vehicles.

7. CARRIER: See MOTOR CARRIER.

8. CHIEF ENGINEER: means the chief engineer of the Department of Transportation, as appointed in accordance with 23 M.R.S.A. § 201, or another qualified person designated by the Commissioner to perform the duties thereof in the absence of the appointee.

9. COMBINATION (OF) VEHICLE(S): means a truck or truck tractor used in combination with a trailer(s) and/or a semitrailer(s).

10. COMMISSIONER: means the Commissioner of the Maine Department of Transportation or any Deputy Commissioner of the Maine Department of Transportation.

11. COMPLIANCE, SAFETY, ACCOUNTABILITY (CSA): means the Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety in order to reduce crashes, injuries, and fatalities that are related to commercial motor vehicles. CSA uses inspection and crash results to measure safety performance and identify carriers whose behaviors could reasonably lead to crashes. The Safety Measurement System (SMS) quantifies the on-road safety performance of carriers and drivers and allows FMCSA to more effectively evaluate safety performance and address high-risk behavior with interventions specifically tailored to a carrier’s safety problems.

12. DEPARTMENT: means the Maine Department of Transportation

13. DESIGNATED ROUTE: means the public and private ways between the origin and destination points described in a request upon which the requestor seeks allowance for the operation of specified overlimit vehicle configurations.

14. FEASIBLE: means that a Request will promote economic development while ensuring public safety, is capable of being implemented without unreasonable or excessive cost to the public, and does not involve vehicle configurations or routes that are prohibited by statute.

15. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA): means the Federal Agency responsible for developing, compiling, and enforcing interstate motor carrier safety regulations. FMCSA establishes each motor carrier’s safety rating, and advises each state of those carriers with unsatisfactory safety ratings.

16. GROSS WEIGHT (GW): means the weight in pounds of an empty vehicle or axle plus the weight of the maximum load to be carried by the vehicle or axle.

17. GROSS VEHICLE WEIGHT (GVW): means the actual total weight of the vehicle and load.

18. GROSS VEHICLE WEIGHT RATING (GVWR): means the weight rating of the vehicle and maximum load as determined by the final stage manufacturer.

19. INTERNATIONAL FUEL TAX AGREEMENT (IFTA): means the base state fuel tax compact headquartered in the State of Arizona. See Chapter 165, Rules of the Secretary of State.

20. INTERNATIONAL REGISTRATION PLAN (IRP): means the uniform reciprocal agreement for the registration of commercial motor vehicles used in interstate commerce. The IRP provides for the proportional collection and distribution of jurisdictional registration fees based on the percentage of miles traveled in each member jurisdiction. See Chapter 162, Rules of the Secretary of State.

21. INTERSTATE COMMERCE: means trade, traffic, or transportation in the United States between:

A. a place in a State and a place outside of such State (including a place outside of the United States); or

B. places in a State through another State or a place outside of the United States.

22. JURISDICTION: means either:

A. one of the States of the United States of America:

B. the District of Columbia; or

C. a Canadian Province.

23. MOTOR CARRIER SAFETY IMPROVEMENT PROCESS (MCSIP): means the data-driven process that uses current safety event information such as crashes, inspections, driver violations, compliance review data and other data to assess and monitor motor carrier safety performance. Safety events are assigned to the motor carrier responsible for the safety of the motor vehicle and are weighed according to severity, frequency and time since the occurrence. This FMCSA program is designed to improve the safety performance of carriers with demonstrated poor safety performance through accurate identification, performance monitoring and treatment.

24. MOTOR CARRIER: means a person (an individual, partnership, association, corporation, business trust, or any other organized group of individuals) who is responsible for the safety fitness of a commercial motor vehicle engaged in commerce on roads and highways.

25. MOTOR CARRIER MANAGEMENT INFORMATION SYSTEM (MCMIS): means the Federal Motor Carrier Safety Administration’s (FMCSA) computerized systems whereby the FMCSA maintains a comprehensive record of the safety performance of the motor carriers and hazardous materials shippers who are subject to the Federal Motor Carrier Safety Regulations or Hazardous Materials Regulations.

26. MOTOR VEHICLE LAWS: means those laws concerning motor vehicles as found in Title 29‑A M.R.S.A., the Code of Maine Rules , the United States Code or the Code of Federal Regulations .

27. OVERLIMIT PERMIT UNIT: means the unit within the Bureau of Motor Vehicles, Office of Motor Carrier Services with the authority and responsibility to routinely process permits authorizing operation of overweight/overlimit commercial motor vehicles on the public highways of this State.

28. ORIGINATION FACILITY: means the physical location or locations where the overlimit vehicles to be permitted hereunder are loaded, inspected and weighed prior to entering the designated route of travel.

29. OWNER: means a person, firm, corporation, or other legal entity, other than a lien holder, holding legal title or legal possession to a vehicle.

30. OWNER/OPERATOR: means someone who owns a truck or truck tractor, but who leases the motor vehicle with driver to a motor carrier.

31. PERMIT: means a credential issued by the Overlimit Permit Unit of the Maine Bureau of Motor Vehicles authorizing the operation of commercial motor vehicles of a specified configuration at a specified maximum weight limit over a Special Haul Route pursuant to a Memorandum of Agreement with the Maine Department of Transportation as set forth in Section 5, Sub-section 4. A separate permit is required for operation over each designated Special Haul Route.

32. PERMIT VIOLATION: means any performance of an act outside the scope of the permit that is prohibited by federal or state statute, rule, regulation, or ordinance; or the failure to perform an act required by statute, rule, regulation, or ordinance, including traffic infractions.

33. PERMITTEE: means the entity to which a permit has been granted in accordance with this rule.

34. POWER UNIT: means the control and pulling vehicle for trailers and/or semitrailers.

35. REGISTERED WEIGHT (RW): means the weight for which a vehicle is licensed or registered within a particular jurisdiction.

36. REGISTRANT: means a person, firm, or corporation in whose name a vehicle is properly registered in compliance with all laws, rules, and policies relating to vehicle registration.

37. REGISTRATION: means the granting by a jurisdiction of the privilege to operate a vehicle on the public highways. Registration identifies a specific vehicle, and determines operational control of the vehicle.

38. REQUEST: means a document and any accompanying related or supplementary documentary materials submitted to the Department by an entity seeking an allowance to operate commercial motor vehicles of a specified configuration that exceed established commercial motor vehicle weight limits or vehicle dimension standards over a limited, specifically described and designated segment of the State’s public ways.

39. REQUESTOR: means the person or entity submitting a Request to the Department.

40. REVOCATION: means the permanent termination of permit privileges for cause.

41. SAFETY MEASUREMENT SYSTEM (SMS): means the automated, data driven analytical system designed to quantify a motor carrier’s relative performance in any of seven Behavior Analysis and Safety Improvement Categories (BASICs) using data from roadside inspections, including all safety-based violations, State-reported crashes, and the Federal motor carrier census. A carrier’s measurement for each BASIC depends on the number of adverse safety events, the severity of violations or crashes, and when the adverse safety event occurred. More recent events are weighted more heavily. After a measurement is determined the carrier is placed in a peer group consisting of carriers with a similar number of safety events. The SMS computes a percentile ranking based on a 0-100 scale for each BASIC by comparing the carrier’s measurement to the measurements of all other carriers in the peer group. A percentile rank of 100 indicates the worst performance. Carriers with percentiles above a certain threshold and meeting minimum data sufficiency requirements in a BASIC are targeted for specific safety interventions designed to reduce the at-risk behavior(s) that are frequently associated with commercial motor vehicle crashes.

42. SECRETARY: means the Maine Secretary of State, or any designee duly authorized to act on behalf of the Secretary of State to administer this rule.

43. SEMITRAILER: means a vehicle without motive power, designed to be drawn by a motor vehicle, and constructed so that some part of its weight and its load rests upon or is carried by the motor vehicle.

44. SERIOUS VIOLATION: means a violation where non-compliance is so severe that it requires immediate corrective action by a motor carrier (e.g., failing to implement an alcohol and/or controlled substance testing program) or a violation which relates directly to the carrier's management and/or operational controls and is indicative of breakdowns in a carrier's management controls (e.g., false report of records of duty status).

45. SPECIAL HAUL ROUTE: means a specifically described and delimited segment or portion of the State’s public highway system over which the Department has granted an allowance to operate commercial motor vehicles of a specified configuration that exceed established commercial motor vehicle weight limits or vehicle dimension standards.

46. SUSPENSION: means a temporary rescission of the privileges of operation granted by permit issued pursuant to these rules.

47. THREE AXLE SEMITRAILER: means a semitrailer with a rear tri-axle unit.

48. TITLE 29-A: any reference to Title 29-A means Title 29-A of the Maine Revised Statutes Annotated (M.R.S.A.).

49. TRAILER: means a vehicle without motive power, designed to carry persons or property and to be drawn by a motor vehicle, not operated on tracks, and so constructed that no part of its weight and its load rests upon the towing vehicle.

50. TRUCK: means a motor vehicle designed and used primarily to carry property. A truck may be used to tow trailers and/or semitrailers.

51. TRUCK TRACTOR: means a motor vehicle designed and used exclusively to draw other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and the load drawn.

52. UNIFIED CARRIER REGISTRATION AGREEMENT (UCR AGREEMENT OR UCRA): means the interstate agreement developed under the UCR Plan governing the collection and distribution of registration information and UCR fees paid by motor carriers, motor private carriers, brokers, freight forwarders and leasing companies pursuant to 49 U.S.C. Section 14504a.

53. USDOT NUMBER: also known as a census number, means a motor carrier identification number issued by FMCSA, provided for under 49 CFR §390.19(h)(1). Safety events are accumulated under the carrier’s or registrant’s USDOT Number.

54. VEHICLE: means a device for conveyance of persons or property on a public or private way, excepting devices moved by human power or used exclusively upon rails or tracks.

55. VEHICLE IDENTIFICATION NUMBER (VIN): means the unique set of numbers and letters assigned to a vehicle by the manufacturer.

SECTION 2. SYNOPSIS

This rule defines the manner in which an entity may submit a request to operate commercial motor vehicles of a specified configuration that exceed established commercial motor vehicle weight limits or vehicle dimension standards over a designated specific limited portion of the state’s public ways (a "Special Haul Route"); the process by which the Department will receive, consider, approve and/or deny such requests; the process to be administered by the Bureau of Motor Vehicles for the credentialing of specific commercial motor vehicles of approved configurations to operate over such Special Haul Routes at sanctioned weight limits; and the procedures and conditions under which the privileges granted hereunder may be suspended or rescinded. This rule is authorized and adopted pursuant to 29-A MRSA §2354-D, which provides that the process defined herein is not applicable to any portion of the Interstate Highway System as defined in the Federal Aid Highway Act of 1956 .

SECTION 3. PRELIMINARY REQUEST

1. Preliminary Requests for a Special Haul Route Permit may be submitted to the Department and must be in writing.

2. Purpose

A. A Preliminary Request presents a conceptual Request describing a Special Haul Route and the Requestor’s intended use in sufficient detail to enable the Department to determine if a Request is feasible by performing an initial assessment of the status and ownership of, and jurisdictional responsibility for, all of the public ways intended to be utilized, and an inventory of the components of public highway infrastructure potentially affected by the Request. Detailed plans and specifications are not required at this point.

B. To the greatest extent practicable, the Preliminary Request should not contain proprietary or other information that would be considered exempt from disclosure under Maine's Freedom of Access Act (1 MRSA 401 et seq .) or the Federal Freedom of Information Act .

3. A Preliminary Request shall include the following information:

Requestor’s name, address, contact information, and background, including that of any existing or potential partners;

A synopsis of the overall business process or project for which the overlimit allowance is being sought, including commodities to be transported and a description of existing and proposed origination and destination facilities;

Identification of known or anticipated interconnections with existing or planned transportation facilities that will be required if the project is approved;

Proposed start and end points (including coordinates in decimal degrees, WGS 1984) of the proposed route, any intermediate stopping points and total length;

A topographic map with a scale of 1:2,000, or other appropriate scale, that delineates the location of the proposed Route;

A preliminary list of any existing or additional local, state, or federal agency permits or approvals expected to be required in order to develop or operate the business project for which the allowance is being sought and a projected schedule for obtaining such permits or approvals;

A listing of all municipalities, plantations, townships, unorganized or deorganized areas in a county, and reservations or trust land of a federally recognized Indian tribe in this State, that are traversed by the proposed route, and a letter of support from the appropriate local political entity, or its designated governing body, having jurisdiction over the area encompassing the designated public way or ways included in the proposed route;

A preliminary description of the specified commercial motor vehicle configuration or configurations for which the Requestor seeks allowance to operate on the specified route of travel;

Proposed starting date of project operations (timeframe);

Expected frequency of trips per day and at what times during the day those trips will occur.

Legal status of the Requestor and preliminary information concerning the Requestor’s legal and financial capacity to carry out the Request;

A description of each of the public and private ways to be included in the designated route by official name(s), alternate and historic name(s), present and former route designation(s) and any additional descriptive information that would tend to promote increased public awareness of the specific route included in the Request;

Whether the proposed route will be utilized as a non-stop, point-to-point travel route or will involve intermediate stopping points at locations other than origin/destination points.

A declaration as to whether the Requestor will also be the registered owner of the commercial motor vehicles to be utilized, and information regarding the legal status and relationship to the Requestor of the registered owner(s) commercial motor vehicles to be utilized if different from the Requestor;

A description of any public or private sector facilities that will likely be utilized by, or are anticipated to be necessary or desirable for the use of, the specified commercial motor vehicles or their operators. Examples of this would include hill climbing or special truck lanes, rest or parking areas, truck stops, restaurants, fueling facilities and communications facilities.

A description of how the Project intends to address issues caused by the operation of vehicles as they transition from gravel to paved surface roads, including the spread of mud onto paved surfaces by tires and debris from materials being transported over the route.

A detailed analysis of the public benefits of the project and how the project meets the overall statutory purpose of promoting economic development while ensuring public safety and protecting the public investment in the public transportation infrastructure; and,

Any additional information that may help the Department or the public more fully understands the design, purpose, impacts and benefits of the project.

4. Review

A. The Department will acknowledge receipt of a Preliminary Request in writing and after review will either deem the Request complete or return it as incomplete and specify in writing the reasons it was returned.

B. If the Preliminary Request has been deemed incomplete, the Department shall request any additional information from the Requestor that may be necessary to determine if the Request is feasible.

C. Whenever these rules require or allow the filing of any paper or submission, that filing is complete upon receipt by the Department.

D. Once the Preliminary Request is deemed complete, the Department will review it and make a feasibility determination on the Preliminary Request. A Preliminary Request will normally be deemed feasible if the Department determines that the proposed route will promote economic development while ensuring public safety, is capable of being implemented without unreasonable or excessive cost to the public, will not expedite the deterioration of the impacted transportation asset(s), will not interfere with the use, maintenance or operation of the highway corridor, and will not involve vehicle configurations or routes that are prohibited by statute.

E. If the Preliminary Request is deemed not feasible, the Department will issue a decision setting out the reasons for this determination. Department staff will be available to meet with the Requestor to answer any questions. The issuance of a determination that the Preliminary Request is not feasible does not prejudice the Requestor’s ability to modify its Preliminary Request or file a new proposal at some time in the future.

5. Formal Requests

A. If the Preliminary Request is deemed feasible, the Requestor will file a Formal Request on a Request Form provided by the Department as provided in this section. The Request Form will, at minimum, call for any and all information that will assist the Department in evaluating the Request. The following technical information will be required for each vehicle type: truck type, axle spacing and load distribution on axles, overall load (GVW), average operating speed, wheel configurations, tire pressure, tire width and contact area, and time of year loads will be applied (annually, summer, winter, etc.).

B. A Formal Request from a corporation must be submitted in the corporation’s registered corporate name, and must include either a Certificate of Good Standing or a statement signed by a corporate officer affirming that the corporation is in good standing.

C. Initial Fee

Prior to submittal of a Formal Request, the Requestor shall pay a minimum fee of $2,500.00 to the Department. The fee may increase depending on the anticipated complexity of the Technical Review. This fee is separate from, and will not be credited towards, any of the costs for which the Requestor is responsible under the terms of any future Memorandum of Agreement with the Department. Upon receipt of the fee, the Department will send the Requestor specific requirements for submitting a detailed Formal Request.

D. Formal Requests must be submitted by May 1 of a given year for potential inclusion in the Department's annual Work Plan for the following year.

SECTION 4. Technical Review

1. Upon receipt of a Formal Request the Department will conduct a Technical Review as described below.

A. Purpose

The purpose of the Technical Review is to identify or address any of the following issues:

Whether commercial motor vehicles of the proposed configuration and weight can be safely operated on the proposed route of travel. To address this issue the Department shall solicit input on the Request from the Department of Public Safety and the Department of the Secretary of State.

The useful life of the existing components of the public highway transportation infrastructure to be utilized.

The level of improvements that must be undertaken to accommodate the proposed commercial motor vehicle configuration or configurations for which the Requestor seeks allowance to operate

The potential availability of matching funding to support the request

The concerns or considerations of any local, State or federal governmental entity having ownership interest in, or control over, transportation or other facilities located on or along the proposed route of travel. Examples would include MaineDOT, the Federal Highway Administration, the Government of Canada or any of the Canadian Provinces and municipal or county governments.

The concerns or considerations of any state or federal entity having a regulatory role over any aspect of the Request.

Any other questions or concerns that the Department may deem pertinent to a final decision.

B. Duration

The Department will complete the Technical Review as expeditiously as possible. However, the Department will take the time necessary to ensure that all of the above questions are adequately and thoroughly answered.

C. Cancellation

If, at any point during the Technical Review, the Department determines that a Formal Request is not feasible or cannot be reasonably implemented at the proposed location, the Department may end the Technical Review by notifying the Requestor of its decision. Similarly, if the Requestor determines that the Formal Request is no longer feasible or in its best interest, it may withdraw the proposal.

D. Decision Regarding Request

The Department may approve a Formal Request upon finding that it is technically feasible and promotes economic development while ensuring public safety. Upon approval of a Request, the Department will issue a written decision as described in Section 5. Approval of the Request shall be subject to and contingent upon the execution of a Memorandum of Agreement and a Project Financing Agreement by the Department and the Requestor and satisfaction of such other conditions as may be required by the Department.

E. Authority to Reject

The Department may reject any Formal Request that cannot be implemented without excessive cost or undue risk to the public or without causing unacceptable deterioration to the public infrastructure.

SECTION 5. Decisions

1. At the conclusion of the Technical Review, the Department will issue a written decision approving, approving with conditions or rejecting a Formal Request. Such decision must include the following:

A. A finding by the Chief Engineer that vehicles of the proposed configuration and weight can or cannot be safely operated on the proposed route of travel, or that such vehicles can with certain restrictions be safely operated on that proposed route; and

B. A finding by the Chief Engineer that the public ways and bridge infrastructure affected by the proposed route of travel can withstand, can be improved and maintained to withstand, or cannot withstand the proposed configuration and weight.

C. If the Chief Engineer finds that vehicles of the proposed configuration and weight can be safely operated on the proposed route of travel with certain restrictions, he or she shall describe such restrictions in sufficient detail to inform the Requestor and the public of their nature.

D. If the Chief Engineer finds that the public ways and bridge infrastructure affected by the proposed route of travel can be improved and maintained to withstand the proposed configuration and weight, he or she shall describe the improvements and necessary additional maintenance regimen in sufficient detail to inform the Requestor and the public of their nature, and shall also include an estimate of the cost to make such improvements and conduct such additional maintenance necessitated by the Request. The estimate of necessary improvements shall include initial capital improvements, future maintenance, future capital improvements and any other improvements necessary to maintain the safety and integrity of the affected transportation infrastructure.

E. The improvements need not be limited to the actual proposed route of travel but may include improvements to any transportation infrastructure deemed by the Department to be affected by the Request.

2. Local Governmental Input or Approval

A. Within fifteen (15) days of receipt of a Formal Request submitted in accordance with these rules seeking an allowance for the operation of specified commercial motor vehicles configurations on a specified route of travel that includes a public way that traverses a municipality, unorganized or deorganized area in a county, or a reservation or trust land of a federally recognized Indian tribe in this State, the Department will provide actual written notice of such receipt and provide copies of all documents submitted in connection with a Request to the appropriate governmental entity or entities with jurisdiction over the area encompassing the designated public way or ways. The Department shall request written approval from the appropriate governmental body with authority to grant such approval.

B. In the event that the approval or input requested in accordance with paragraph A. above is not provided within thirty (30) days of notice, the Department may proceed with its approval as if such approval or input had been provided.

C. Except as provided in paragraph B. above, approval shall not be granted by the Department if the appropriate local governmental entity opposes the Formal Request.

3. Notice of appeal rights

Each decision approving or denying a Formal Request must be accompanied by a plain statement of the appropriate rights of administrative and judicial review and the time within which those rights must be exercised. Correspondence notifying the applicant of the Department’s denial must be made by certified mail, return receipt requested. Any person with standing may seek judicial review of a final Department decision by filing a petition in Superior Court in accordance with 5 M.R.S.A. Section 11001 et seq . and M.R.Civ.P. 80C.

4. Assurances

A. In the event approval is granted, the Department and the Proposer shall enter into a Memorandum of Agreement setting out all of the terms and the conditions of the approval of the Special Overlimit Routing Request and Project Financing Agreement providing assurance satisfactory to the Department that at least 50% of the cost for any infrastructure improvements determined necessary pursuant to the Technical Review will be provided by the Proposer. Among other things, the Memorandum of Agreement will address the following: funding levels; requirements for public input; preauthorization of the project in the Department’s work plan; the assignability of the Requestor’s obligations; the term of the agreement and expiration date; the Requestor's responsibilities with regard to recordkeeping, reporting, audits and access to information by the Department; and the Requestor’s responsibility for additional costs including those incurred as a result of State Police enforcement efforts. The execution of these agreements is a condition precedent to the final acceptance of the Formal Request.

B. If feasible the Department may provide the balance of the funding for those improvements.

SECTION 7. ISSUANCE OF SPECIAL HAUL ROUTE OVERLIMIT PERMIT

1. Conditioned on the execution of the Memorandum of Agreement and Project Financing Agreement, motor carriers operating overweight trucks can apply to the Overlimit Permit Unit of the Maine Bureau of Motor Vehicles for Special Haul Route Overlimit Permits.

2. COMMUNICATIONS

All written communications and documents should be addressed to the “Bureau of Motor Vehicles, Motor Carrier Services – Overlimit Permit Unit, 29 State House Station, Augusta, Maine, 04333-0029.”

All communications and documents are deemed to be officially received when delivered to the Overlimit Permit Unit at the Bureau of Motor Vehicles’ Main Office, 101 Hospital St, Augusta, Maine.

C. The contact information for the Overlimit Permit Unit is as follows:

1. Telephone: (207) 624-9000 ext. 52134 or TTY: 877-456-8195

2. Fax: (207) 622-5332

3. Email: overpermits@maine.gov

4. Online information: http://www.maine.gov/sos/bmv/commercial/

2. PAYMENTS AND REMITTANCES

Remittances must be in the form of a money order, bank draft, or credit card authorization (please see restrictions below). Money orders and checks should be made payable to the Maine Secretary of State.

Personal checks will be accepted subject to collection.

The Bureau will accept a VISA or MasterCard payment. Credit cards issued by other vendors can only be accepted if processed through a third party vendor (ComChek). Transactions processed through the third party vendor will incur a processing fee.

All remittances must be in U.S. currency.

Cash payments will be accepted from walk-in customers. Remittances in currency are wholly at the risk of the remitter. The Bureau assumes no responsibility for any loss of currency sent by mail.

In the event that a check is returned for insufficient funds or for any reason, the registrant’s right to operate commercial vehicles in the State of Maine will be suspended. The Overlimit Permit Unit will not accept any additional applications until the permittee has completely satisfied the delinquency and associated reinstatement fees.

A permittee who has had a check returned for any reason will be required to pay all subsequent fees with certified funds.

3. LEGAL NAME AND ADDRESS

A. The legal name listed on the application for a Special Haul Route Overlimit Permit must be consistent with the legal name provided on other applications for motor carrier credentials as well as with any applicable state and federal filings (for example: a state corporate filing). The applicant may be required to rectify any legal name discrepancies before a CWL permit will be processed.

B. Applicants must provide a contact name, phone number, and business address. If the address is a rural route, the applicant must include a box number.

C. An application for a permit without sufficient name, address, or contact information may be returned to the applicant for completion prior to processing the application.

4. NAME AND ADDRESS CHANGES

A. Name Change

1. Any change in name will require written notification of the change within 30 days of the change.

2. Notification must be made in writing or by other means approved by the Secretary of State, to the Overlimit Permit Unit.

3. A permittee may change their name from an individual to a newly formed corporation provided there is no change in ownership or control of the company.

4. When a permittee is a motor carrier required to file census information with the FMCSA, the name change notification must be submitted in conjunction with an updated Form MCS-150 reporting the name change.

B. Address Change

1. A carrier must report any changes to its principal place of business or mailing address within 30 days of the change.

2. Notification must be made in writing or by other means approved by the Secretary of State, to the Overlimit Permit Unit.

3. When a permittee is a motor carrier required to file census information with the FMCSA, the address change notification must be submitted in conjunction with an updated Form MCS-150 reporting the address change.

5. LIMITATIONS AND RESTRICTIONS

A. Violation of any statute, ordinance, rule, or regulation of the State, any State agency or political subdivision of the State, or operation beyond the scope of the permit is unlawful. The motor carrier must comply with all statutory provisions and regulations as to permits, vehicle registrations, fuel tax, vehicle equipment, and operation. Failure to comply with all motor vehicle-related laws and rules may result in the denial of future permit requests.

B. A permit is invalidated by the violation of any condition specified by the terms of the permit or by false information given on the application. On evidence of such violation or falsification, the motor carrier may be denied additional permits.

C. A permit will be denied to a motor carrier with an unsatisfactory safety rating, as determined by the FMCSA.

D. An applicant may be denied the issuance of permits based on their failure to appear in court to answer any motor vehicle summons or failure to pay a fine, or for any other motor vehicle-related infractions.

6. SPECIAL HAUL ROUTE OVERLIMIT PERMIT APPLICATION

A. The applicant must be a motor carrier.

B. The applicant shall make a vehicle-specific and route-specific application consisting of five parts: permit information; motor carrier information; vehicle information; fee calculation; and the applicant’s name and signature. The Secretary may accept applications by mail, fax, e-mail, or in person at the BMV Main Office, 101 Hospital St, Augusta, Maine.

1. Permit Information

(a) Permit type (new, renewal, or transfer).

(b) Location.

(c) Permit Effective Date.

(d) Permit Expiration Date.

2. Motor Carrier Information

(a) Legal name.

(b) Principal street and mailing addresses.

(c) USDOT Number. The applicant must provide the USDOT Number issued by FMCSA to the legal name on the application. The USDOT Number must be an active, interstate number in good standing with FMCSA as reported on MCMIS.

(d) IRP Account Number.

(e) IFTA Account Number.

(f) Contact name of an officer, owner, or person duly authorized to conduct business on behalf of the applicant.

(g) Principal telephone number where the applicant can be reached.

(h) Fax number to receive a permit if paying a fax fee.

3. Vehicle Information

(a) Registrant’s name, if different from the applicant.

(b) Estimated number of trips. The applicant must estimate the anticipated number of trips by vehicle over the permit’s term. This estimate will be used for statistical purposes only.

(c) Power unit registration plate number and jurisdiction; make; year; and VIN.

(1) Maine registered weight or Maine apportioned weight must be 100,000 pounds.

(d) Vehicle configuration.

4. Fee Calculation

(a) The applicant must indicate the total fee they are intending to pay based on permit type, vehicle configuration, and permit term.

(b) If paying with a credit card, this section must include a credit card number; credit card expiration date; card holder’s printed name; and card holder’s signature.

5. Signature

(a) Except as otherwise provided, all permit applications must be signed.

(b) Anyone signing an application must also disclose their position title in which is vested the authority to sign the application.

(c) If the motor carrier is an individual, the application must be signed by that individual.

(d) If the motor carrier is a corporation, the application must be signed by a corporate officer or an employee duly authorized to act in an administration capacity on behalf of the corporation.

(e) Notwithstanding the above, an authorized agent exercising power of attorney may sign on behalf of the motor carrier. A copy of the document authorizing the power of attorney must be on file with the Overlimit Permit Unit.

SECTION 8. AUTHORIZED ROUTES

1. Authorized routes are the Special Haul Route(s) authorized in the MOA.

2. An authorized route may not include any portion of the Interstate Highway System as defined in the Federal Aid Highway Act of 1956 .

SECTION 9. AUTHORIZED CONFIGURATIONS

Allowable vehicle configurations are limited to those described in the MOA.

SECTION 10. SAFETY

1. The manufacturer's ratings for gross vehicle weight, axle capacity, brake systems and other components for which a manufacturer's rating is available may not be exceeded.

2. In order to be eligible for permits, the motor carrier must not be prioritized for an FMCSA safety intervention or have an unsatisfactory FMCSA safety rating, in that they must not have a CSA Behavior Analysis and Safety Improvement Category (BASIC) score that exceeds 75 in any category.

3. Any other provisions of this rule notwithstanding, the haulage of any materials the transportation of which would be unlawful or would require the licensing by, or permission of, an agency of the Federal Government or the State of Maine pursuant to environmental laws or regulations, is prohibited under permits issued hereunder.

SECTION 11. CREDENTIALS

1. The Secretary shall issue a vehicle-specific and route-specific credential that must be carried in the power unit during the move.

2. State of Maine Standard Permit Form for Intra/Interstate Travel for Non-Divisible Oversize and/or Overweight Loads (MV225) is the official credential issued for all approved Special Haul Route Overlimit Permit requests.

SECTION 12. FEES

1. The fee for any permit granted pursuant to these rules is $10/month up to a maximum of twelve months. The annual fee is $120.

2. Fees are calculated from the permit effective date to the last day of the expiration month. A partial month is treated as a full month.

3. Miscellaneous fees

A. Transfer fee - a permit may be transferred from a vehicle being disposed of to another vehicle controlled by the motor carrier for a fee of $10.

B. Fax fee - the fee to fax a permit is $3.

C. Reinstatement fee - the fee to reinstate a revoked permit is $50.

4. An applicant requesting a permit for operation over multiple Special Haul Routes and/or multiple vehicles must submit separate applications for each Special Haul Route and/or vehicle and pay the fee for each permit.

SECTION 13. REFUNDS

No portion of the permit fee is refundable.

SECTION 14. REVOCATION

1. The Commissioner of Transportation may revoke the special privileges of operation granted in accordance with these rules to a commercial motor vehicle, owner or motor carrier, for:

A. exceeding allowed gross vehicle weight limits;

B. operating overlimit outside the Special Haul Route;

C. operation contrary to the Safety measures, practices or prohibitions set forth in Section 10; or

D. any other serious violations of the motor vehicle laws or these rules.

2. A motor carrier with three or more permit violations in a 12-month period shall have their permit(s) revoked.

3. The violation date shall be used to determine if the motor carrier committed three or more violations in a 12-month period.

4. Revocation voids all permits issued to the motor carrier.

5. The motor carrier may petition the Commissioner to have their privilege to obtain permits restored.

6. The Commissioner may accept a recommendation from the Secretary regarding whether to restore a carrier’s privilege to obtain permits. The Secretary may hold an administrative hearing to determine if a permittee’s privilege to obtain permits should be restored.

7. Motor Carrier hearing requests should be submitted in writing and sent to the “Bureau of Motor Vehicles, Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029.” Request should include name, date of birth, daytime telephone number, current mailing address, USDOT Number, and a brief statement regarding the basis for the hearing request.

SECTION 15. SUSPENSION

1. The Commissioner of Transportation may suspend the privileges of operation granted hereunder at any time without notice upon a determination by the chief engineer that the continuing exercise of those privileges would pose an unreasonable or unforeseen risk to:

A. the integrity of the transportation infrastructure;

B. public safety; or

C. the safety and convenience of the travelling public

History

• STATUTORY AUTHORITY: 29-A MRSA §2354-D
• EFFECTIVE DATE: August 21, 2015 – filing 2015-135 (Final adoption, major substantive)
• EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 22, 2025

Chapter 400 Rules and Regulations for the Use of Augusta State Airport

Code Me. R. 17-229 Ch. 400 Rules and Regulations for the Use of the Augusta State Airport {#sec-17-229-ch.-400 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 400}

SUMMARY: The following rules and regulations govern the administration, operation, and use of the Augusta State Airport.

.01 DEFINITIONS. Unless the context otherwise indicates, the following words when used in any rule or regulation administered by the Maine Department of Transportation, Bureau of Aeronautics shall have the following meanings:

A. Air Operating Area. Any area of the airport used or intended to be used for landings, takeoffs or surface maneuvering of aircraft.

B. Airport. Airport means the Augusta State Airport as it now exists and as it may be expanded in the future, including all lands and roadways.

C. Commissioner. Commissioner means Commissioner of the Department of Transportation or his duly authorized representative.

D. Airport Manager. Airport Manager means the manager of the Augusta State Airport as appointed by the Director of the Bureau of Aeronautics.

E. FSS. FSS means the Flight Service Station operated by the Federal Aviation Administration.

F. Aircraft. Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment.

G. Airman. Airman means any individual who engages as the person in command or as pilot, mechanic or member of the flight crew, in the navigation of aircraft while under way; and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances.

H. Person. Person means, any individual, firm, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee or other similar representative thereof.

I. Fixed Base Operator. Fixed Base Operator means any person or company engaged in the business of the sale of aircraft, aircraft parts, fuel, and petroleum products; or rental of aircraft, flight instruction, and the rendition of any related service.

.02 LIABILITY OF STATE OF MAINE

Any person using the airport and its facilities shall do so at his/her own risk. The State of Maine will not assume any responsibility for loss, injury, damage, or death to persons or property caused by fire, theft, vandalism, acts of God, or for any other reason.

.03 POLICE

Powers of the Maine State Police, the Augusta City Police and the Capitol Police extend to all areas of the airport.

.04 REPORT OF ACCIDENTS

Any person involved in an accident at the airport of any kind shall make a written report within 48 hours of such accident to the Airport Manager, such report shall be in addition to any report required by law.

.05 CONDUCT AND USE OF AIRPORT

No person shall be intoxicated, disorderly, engage in any form of gambling or commit any act of nuisance at the airport; nor shall any person omit or do any act if such act or omission endangers other people or property.

.06 AIRPORT PROPERTY

No person shall destroy or disturb any building, equipment or flora at the airport, nor alter or erect any building or sign; nor abandon any personal property at the Airport; nor use or confiscate materials or property of others without the consent of its owner.

.07 DAMAGE TO AIRPORT PROPERTY

Any person liable for causing damage to airport property shall be required to pay the full amount of such damage upon demand to the Maine Department of Transportation. Any person failing to do so may be deprived of the use of the airport and its facilities until full reimbursement has been made. Tenants, lessees, and grantees shall be held fully responsible for all damage to buildings, equipment, real property, and appurtenances in the ownership of the airport caused by negligence, abuse, or carelessness on the part of their employees, servants, agents, or customers. Any damage to, or malfunctioning of buildings, structures, utilities, or other airport property, shall be reported at once to the Airport Manager.

.08 WEAPONS: FIREARMS: EXPLOSIVES

No person, except those duly authorized by law, shall carry any weapon, firearm, or explosive on the airport, except encased sporting guns for air shipment.

.09 RESTRICTED AREAS

No person shall enter upon the air operating areas, utility and service areas, or any other area designated as restricted except persons authorized by the Airport Manager or passengers under appropriate supervision while enplaning or deplaning.

.10. STRUCTURAL OR DECORATIVE CHANGES TO AIRPORT FACILITIES

No person, tenant, lessee, or grantee shall make any alterations of any nature to any building, ramp, or other Airport space; nor erect any structure on the Airport without prior written permission from the Airport Manager, except as may be authorized in existing contracts or leases.

.11. STORAGE.

No person, tenant, lessee, or grantee shall store or stock material or equipment in such manner as to constitute a hazard to personnel or property.

.12 SMOKING

Smoking is prohibited on the ramp, in any hangar shop, service area, fuel storage area or within fifty (50) feet of any fueling area, unless such area has been approved for smoking by the Airport Manager.

.13 BUSINESS OR COMMERCIAL ACTIVITY

No person shall engage in any business or commercial activity on the premises of the airport except with the approval of the Airport Manager and under such terms and conditions as may be prescribed. No soliciting of any nature may be conducted without permission of the Airport Manager.

.14 OPERATION OF MOTORIZED EQUIPMENT

No person shall operate motorized equipment on the air operating areas unless operated in accordance with the following restrictions:

i. If a license is required by law, the vehicle shall be so licensed.

ii. No person shall operate a vehicle in a reckless or negligent manner without caution, or in a manner which endangers, or is likely to endanger, persons or property.

iii. Pedestrians and aircraft shall at all times have the right-of-way over vehicular traffic. All vehicles shall pass to the rear of taxiing aircraft whenever possible.

iv. No vehicle shall be operated on or along a ramp, taxiway, or runway except by persons authorized by the Airport Manager under conditions he may prescribe.

v. When parking adjacent to a runway on airport property, all vehicles must park at least two hundred (200) feet to the outside, unless such runway is officially closed by the Airport Manager or maintenance requirements dictate otherwise.

vi. No person shall operate a vehicle in excess of the speed limits prescribed by signs located in appropriate areas.

vii. No person shall operate or cause to operate any type of recreational or off-the-road vehicle, (reference to but not limited to bicycle, motorbike, snowmobiles, go-carts, dunebuggies, etc.), on air operating areas.

.15 PARKING

No person shall park a vehicle on the airport premises other than in the areas specifically established for parking in the manner and for the amount of time prescribed by signs, lines, or by other regulatory device.

.16 TOWING REGULATIONS

The Airport Manager may remove any vehicle which is parked in violation of these Rules and Regulations, disabled, abandoned, or which presents an operational problem, at the owner's expense and without liability on behalf of the State of Maine and the Department of Transportation.

.17 REGULATION OF AIRCRAFT OPERATION

A. Aeronautical Activities. All aircraft operations shall be conducted in conformity with the current regulations and directives of the Federal Aviation Administration, the Civil Aeronautics Board, the Maine Department of Transportation, and to the extent applicable, with the orders issued by the Commissioner.

B. Refusal of Use of the Airport. The Airport Manager or his authorized representative may restrict any flight or other operation at the airport and may refuse take-off clearance to any aircraft for any reason he believes justifiable in the interest of public safety and welfare. The Airport Manager or his authorized representative may prohibit the use of the airport to any person for any reason.

C. Careless or Negligent Operation. No person shall operate any aircraft while under the influence of intoxicants, narcotics, or other drugs, or operate an aircraft in a manner to endanger life or property.

D. Aircraft Equipment. No aircraft may land or take off unless it is equipped with brakes or other means of preventing movement on the ground.

E. Disabled Aircraft. All disabled aircraft and parts thereof at the airport shall be removed promptly by the owner after official notice by appropriate authorities. The Airport Manager or authorized representative shall have the right, without any liability for loss or damage which may result therefrom, to cause the immediate removal of a disabled aircraft or part thereof to a safe place on the airport, at the owner's expense, whenever the aircraft constitutes a hazard to persons or property. The Commissioner may cause any such aircraft or part thereof not removed by the owner to be removed from the airport at the owner's expense without liability for any loss, provided, that he shall have first given seven days written notice of his intention to do so, directed to the owner's last known address.

F. Demonstrations. No experimental flights or parachute jumping shall be permitted unless authorized by the Airport Manager and the Federal Aviation Administration.

G. Engine Run-up. No engine run-up shall be conducted which will constitute a hazard or nuisance to other aircraft, persons, or property.

H. Starting Aircraft Engines. No aircraft shall be started or run unless a qualified airman is in the aircraft and at the controls. Landing gear must be adequately blocked or braked to prevent inadvertent movement of the aircraft. Adequate fire extinguishers must be available.

I. Taxiing and Moving Aircraft. No aircraft shall be taxied except at safe and reasonable speeds.

J. Parking of Aircraft. No person shall park aircraft in any area other than that designated by the Airport Manager.

K. Repair of Aircraft. No person shall repair aircraft, aircraft engines or related apparatus in any area other than that designated by the Airport Manager.

L. Fueling of Aircraft. Aircraft fueling shall be conducted in accordance with accepted standards and requirements established by the National Fire Protection Association. No smoking will be permitted in the aircraft fueling area.

M. Airline Bomb or Sabotage Threat. Persons having knowledge of an aircraft carrying, or suspected of carrying, explosive materials shall notify the FAA-FSS and the Airport Manager or his authorized representative immediately. Such aircraft having passengers on board shall unload passengers on the outer extremities of the terminal ramp, and then shall immediately proceed to the intersection of the Cross Taxiway and Abandoned Runway 3-21. In the case of parked aircraft, the aircraft shall be evacuated except for the personnel necessary to start and taxi the aircraft to the intersection of the Cross Taxiway and Abandoned Runway 3-21. Inspection of the aircraft and subsequent declaration of safety shall be the responsibility of the aircraft owner or his authorized agent.

N. Model Aircraft. It shall be unlawful to operate model aircraft on the airport property, unless authorized by the Airport Manager or his designated representative.

.18 PENALTY

Any violation of these rules and regulations shall be punishable in accordance with Title 6, Section 203(l), and shall be considered a Class E crime.

BASIS STATEMENT

The above rules and regulations were developed in accordance with the duties of the Commissioner of the Department of Transportation to regulate State airports, consistent with federal standards relating to aeronautics, in the best interest of promoting adequate, safe, and efficient public transportation according to the economic needs and well-being of Maine's people.

AUTHORITY: 23 M.R.S.A. Section 4206(5)

EFFECTIVE DATE: July 3, 1973 and filed with the Secretary of State on December 18, 197

Re-adopted on May 15, 1979 and filed on May 16, 1979.

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

Chapter 500 Contract Negotiations for Continued Rail Service on Lines Authorized for Discontinuance

Code Me. R. 17-229 Ch. 500 Procedures for Contractual Negotiations for Providing Continued Rail Service on Lines That Have Been Authorized for Discontinuance. {#sec-17-229-ch.-500 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 500}

SUMMARY: The following Rules and Regulations govern the procedures for contractual negotiations for providing continued rail service on lines that have been authorized for discontinuance.

.01 Continued Operation Required by the Economic Well-being of the State of Maine

The Maine Department of Transportation will make a preliminary judgment that the economic well-being of the State of Maine or a significant portion thereof will be impaired by the discontinuance of rail service over the railroad line or lines that have been authorized for abandonment by the Interstate Commerce Commission. Such determination shall include but not necessarily limited to:

A. Cost of subsidizing continued service compared with the additional costs incurred by users of the rail service and the cost of the loss of rail service to the communities directly served.

B. That the rail users or the communities served or the State, as the case may be, have indicated a willingness to provide the funds necessary to match available federal funds to insure continued operation.

C. When the line involved is the only reasonable rail access to a major area of the State and the present and future development needs of the area would be unduly restricted in the absence of rail service.

A notice of the determination that the public well-being requires continued operation will have been served when the State files an offer of financial assistance with the Railroad and the Interstate Commerce Commission in accordance with the rules of that agency.

.02 Availability of Funds

The Department of Transportation will be the agency responsible for determining the availability of local funds necessary to match available federal funds. The determination of the availability of federal funds will also be made by the Department of Transportation through the development of its annual program of projects submitted to and approved by the Federal Railroad Administration, U.S. Department of Transportation.

Local funds may be obtained by act of the Legislature, provided by rail users or the communities served by the line involved. Such funds will be made available to the State Department of Transportation for distribution in accordance with service continuation contracts.

.03 Contract Negotiations

As soon as practicable after notification by the Interstate Commerce Commission that the State's offer of financial assistance is financially responsible and likely to cover the difference between the revenue attributable to the line and the avoidable cost of providing the service plus a reasonable return on the value of the property, the Department of Transportation will enter into negotiations with the rail carrier involved. Such negotiations shall among other things develop a final estimate of the subsidy costs and the level of service to be provided over the line will be agreed upon.

In addition, the Department of Transportation will enter in negotiations and develop an agreement with rail users and/or communities who are to provide matching fund subsidies necessary for continued operation. Such an agreement shall provide for a general level of service and an estimated cost of matching funds requirements which are to be made available to the State in accordance with the payment schedules which will be provided for in the agreement between the State and the rail carrier involved.

When such agreements have been reached in fact or in principle, an application will be prepared by the State and filed with the Federal Railroad Administration to provide the necessary federal funds.

.04 Public Participation

Prior to the execution of the contracts for the continuation of rail service, a public hearing will be held. Notice of the hearing will be provided as follows.

A. By regular mail to the signatory parties.

B. By publishing notice in a newspaper of general circulation no more than 6 days prior to the scheduled date of hearing.

.05 Amendments to Contracts

No amendments to the substantive terms of the contracts will be approved by the Maine Department of Transportation until the public has notice and an opportunity to request that a public hearing be held. A hearing will be held if five (5) interested parties make the Request of the Department. Notice of the hearing shall be given in the same manner as in Rule, Chapter 500.04.

Basis Statement: These rules were adopted to satisfy the prerequisites established in 23 M.R.S.A. §7105 requiring the M.D.O.T. to adopt rules and regulations for the contracting of continued rail service on lines authorized for discontinuance.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §7105
• EFFECTIVE DATE: September 29, 1978 as an emergency rule;
• EFFECTIVE DATE: Re-adopted on February 13, 1979 and filed on March 21, 1979.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting.
• NON-SUBSTANTIVE CORRECTIONS: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 22, 2025

Chapter 501 Rules and Regulations for Railroad Clearance

Code Me. R. 17-229 Ch. 501 Rules and Regulations for Railroad Clearance {#sec-17-229-ch.-501 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 501}

SUMMARY: The following Rules and Regulations govern clearance on railroads with reference to side and overhead structures, poles or other objects over or beside any railroad track.

.01 SCOPE

The minimum clearance requirements for railroads hereinafter prescribed shall hereafter be observed in this State in all construction or complete reconstruction of tracks, structures, poles or other objects located over or beside any standard gauge or street railroad tracks, used for transporting freight cars.

No railroad shall operate any cars, trains, motors, engines or other rolling equipment over its own or other tracks, except as hereinafter provided, on which overhead or side clearances are less than the minimum herein prescribed, if such tracks, structures, poles or other objects are installed, constructed or completely reconstructed subsequent to the effective date hereof.

.02 DEFINITIONS.

A. Height of Freight Car. Height of freight car is the vertical distance between the top of the rail and the top of the running board.

B. Width of a Freight Car. Width of a freight car shall mean twice the distance from the center line of the car to the extreme outside part thereof.

C. Overhead Clearance. Overhead clearance shall mean the normal distance from the plane of the tops of the rails to a structure or obstruction above.

D. Side Clearance. Side clearance shall mean the distance from the center line of the track, to a structure or obstruction at the side of the track, parallel to the plane of the tops of the rails.

.03 OVERHEAD CLEARANCES

A. The minimum overhead clearance above railroad and street railroad tracks, which are used or proposed to be used for transporting freight cars shall be twenty two (22) feet, except as hereinafter prescribed. Structures constructed prior to the effective date of this order may be maintained at such clearances as they were originally designed. Additional tracks may be constructed and existing tracks may be reconstructed thereunder at the same clearance.

B. The overhead clearance above the top of the rails of such tracks located inside of buildings may be reduced to seventeen (17) feet, provided that when an overhead clearance of less than twenty-two (22) feet exists on tracks inside such building, all cars, trains, motors, engines or other equipment shall be brought to a full stop before entering such buildings.

C. Unless otherwise provided herein, overhead clearances authorized in this section are applicable only to tracks on which freight cars having a height not exceeding fifteen (15) feet six (6) inches are transported. Freight cars of a height exceeding fifteen (15) feet six (6) inches shall be permanently marked, stenciled, or placarded as hereinafter required, and such markings maintained in a legible condition reading as follows:

"This Car

Excess Height"

-MAINE-

The markings required in this subsection shall be made permanent on owned cars as soon as practicable with a 3/4 inch stripe outlining an area not less than seven (7) inches by ten (10) inches, such stripes are lettering to be of a color contrasting with the car body color. All such required markings and placarding shall be placed on the side adjacent to the ladder near the floor line of the car.

D. Clearance provided for in paragraph .03(A) in this section shall not apply to overhead wires and cables. Clearances required for communication and electrical supply lines are established in Public Utilities Order U.981 as Amended May 23, 1949, which in effect adopted the Fifth Edition of the "National Electric Safety Code," as prepared and published by the U.S. Department of Commerce, Bureau of Standards.

.04 SIDE CLEARANCES

Minimum side clearances from the center line of tangent standard gauge railroad and street railroad tracks which are used, or proposed to be used, for transporting freight cars, except as hereinafter described, shall be as shown below:

Minimum

Side Clearances

Description Maine Line Sidetrack

A. All structures and obstructions above the top of rail, except

as hereinafter specifically mentioned 8'0"

B. Downspouts, fire walls and retractable canopies 7'6"

C. Doorways and entrances to buildings. The leading car or

engine shall be brought to a full stop before entering such a

restricted area 7'0"

D. Platforms or loading wharves twelve (12) inches or less

above the top of the highest rail 5’4”

E. Platforms or loading wharves four (4) feet six (6) inches

or less but more than twelve (12) inches above the top

of the highest rail when used principally for loading or

unloading refrigerator cars 8’0”

F. Platforms or loading wharves four (4) feet or less

(but more than twelve (12) inches) above the top of the

highest rail. This clearance limited to locations where a

full clearance of eight (8) feet is maintained on the opposite

side of the track, or track centers to adjacent tracks, is not

less than thirteen (13) feet 5’9”

G. Platforms or loading wharves above four (4) feet, up to a

maximum of nine (9) feet, on side-tracks for handling

products of the forest, mines and pits an one side of track only 6’0”

H. Platforms previously constructed at less than the clearances

herein prescribed may be extended at such existing clearance,

unless the extension is in connection with the complete

reconstruction of the original platform.

I. Switch Boxes, switch operating mechanisms and accessories

necessary for the control and operation of signals and

interlockers projecting four (4) inches or less above the top of

the highest rail 3'0"

Minimum

Side Clearances

Description Maine Line Sidetrack

J. Signals and switch stands three (3) feet two (2) inches

or less above the top of the highest rail and located between

tracks where not practicable to provide clearances otherwise

prescribed in this order 5'5"

K. Signals and switch stands in yards four (4) feet or less

above the top of the highest rail and located between

tracks where track centers are fifteen (15) feet or more 7'0"

L. Icing platforms and supports 6'0"

M. No merchandise, materials, equipment or other articles except ice and snow shall be placed or permitted to remain either on the ground or on the platform adjacent to any track at a distance of less than eight (8) feet from the center line of the track; provided that this rule shall not apply to materials to be used within a reasonable length of time in the construction, maintenance or repair of tracks or structures.

N. Structures adjacent to curved tracks shall have any additional minimum side clearance compensating for the curvature.

O. When tracks are operated exclusively for logging purposes, log rollways which serve them may be erected at less than the minimum side clearance herein prescribed.

P. The side clearances specified herein shall not apply to mail cranes during such times as the arms of such mail cranes are supporting sacks for delivery, provided that the top arm is not higher than ten (10) feet eight (8) inches above the top of the rail, and neither arm extends within six (6) feet one (1)inch from the center line of the track.

Q. On all tracks within yard limits where switching is normally performed, where side clearances are less than those prescribed herein caution signs or fixed signals shall be provided and such signs or signals shall be well maintained. Such signs or signals shall be erected within twelve (12) months of the effective date of this order, in a conspicuous location on a structure or post at a sufficient distance from the close clearance to provide adequate warning.

.05 OVERHEAD AND SIDE CLEARANCES

A. Minimum overhead and side clearances on railroad bridges may be decreased to conform with the clearances as shown on the accompanying diagram entitled "Figure 1."

B. Minimum overhead and side clearances may be reduced for eave overhang on buildings constructed adjacent to a railroad sidetrack to six (6) feet from the center of the track at heights of seventeen (17) feet or more above the top of the rail, provided full side clearance, as required in Section 3, is maintained between the track and the building below a height of seventeen (17) feet, and further provided that full overhead and side clearance is maintained on the opposite side of the track and the close clearance is marked by an appropriate sign or signal in a conspicuous location at a sufficient distance from the obstruction to provide adequate warning."

.06 EXEMPTIONS

A. Nothing herein shall be construed as to prevent the movement of materials or equipment over tracks when such materials or equipment is necessary in the construction and maintenance of such tracks, nor in the movement of special work equipment used in the construction, maintenance or operation of the railroad, provided such movements shall be carried on under such conditions as are necessary to provide for the safety of all concerned.

B. No restricted clearance prescribed herein shall apply to temporary construction made necessary on any construction project or temporary emergency conditions caused by derailments, washouts or other unavoidable disasters.

C. If, in any particular case, exemption from any of the requirements herein is deemed necessary by the railroad company or by the State Highway Commission, the Commission will consider the application of such railroad company, or the State Highway Commission, for such exemption when accompanied by a full statement of the conditions existing and the reasons for asking for such exemption. Any exemption so granted will be limited to the particular case covered by the application.

D. The clearances provided in this order shall not apply to railroad engine houses, shops or engine house facilities.

E. The Commission reserves the right to modify any of the provisions of these Rules and Regulations in specific cases when, in the Commission's opinion, public safety, convenience or necessity would be served better by so doing.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. Section 7307 sub-§5.
• EFFECTIVE DATE: Adopted on May 15, 1979 and filed on May 16, 1979;
• EFFECTIVE DATE: HISTORICAL DERIVATION: Adopted March 1, 1956. See P.U.C. General Order #2; Ch. 259 P.L. 1955; Ch. 341, §2 P.L. 1977.
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting, insertion of missing graphic
• NON-SUBSTANTIVE CORRECTIONS: April 4, 2000 - header corrected; .04(H) clearance measurement removed because it was absent from the original adoption.
• NON-SUBSTANTIVE CORRECTIONS: 17-229 Chapter 501 page 7

Chapter 502 Regulations Governing Illumination of Switching Leads in Railroad Yards

Code Me. R. 17-229 Ch. 502 Rules and Regulations Governing the Illumination of Switching Leads in Railroad Yards. {#sec-17-229-ch.-502 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 502}

SUMMARY: The following rules and regulations govern the adequate and reasonable illumination of switch leads in railroad yards where frequent switching service is normally performed during the hours of darkness.

502.01 DEFINITIONS

Except as otherwise ordered in specific instances, the following words, terms and phrases shall have the meaning as herein defined.

A. Yards. The term "yards" shall mean a system of tracks within defined limits which are provided and used for the classification of railroad freight cars.

B. Switching Leads. The term "switching leads" is defined as those leads coming off a ladder truck connecting successively to the body of tracks of a yard and used for the classification of railroad cars.

C. Frequent switching service normally performed. "Frequent switching service” shall mean either continuous or intermittent switching service operated daily during five out of seven days by a locomotive directed by a train or yard switching crew working in a railroad yard on a specific ladder for at least four hours during the period of darkness.

D. Hours of Darkness. The "hours of darkness" are hereby defined to be the period between one-half hour after sunset to one-half hour before sunrise.

E. Adequate and Reasonable Illumination. Illumination will be considered reasonable and adequate when a minimum light level of two-tenths (0.2) foot-candles can be measured at a level coinciding with the top of the rail extending from the switch points to the fouling point of the switch when the track to be illuminated is unoccupied during the hours of darkness under normal conditions except that such minimum illumination will not be required in abnormal conditions which are beyond the control of the railroad.

F. "Department" shall mean the Maine Department of Transportation.

502.02 INSPECTION AND COMPLIANCE

Common carriers by railroad subject to the foregoing rules and regulations shall notify the Department at the earliest possible date of the yards at which adequate illumination in accordance with the said rules is required, together with schematic drawings or other equally acceptable plans of the tracks, including switch leads, area to be illuminated and the placement of such illuminating fixtures as may be required to comply with these rules and regulations. Upon the receipt of such advice the Department will inspect such facilities for the purpose of determining whether minimum illumination levels have been provided at the required locations.

502.03 ILLUMINATING REQUIREMENTS AT SPECIFIC LOCATIONS NOT COVERED BY THE GENERAL RULES AND REGULATIONS

The Department shall have the right to order the placement of illuminating fixtures in yards at or near the site of switching leads which are particularly hazardous and which do not meet all of the conditions whereby illumination would otherwise be required under these rules. Parties in interest may petition the Department for an opportunity to be heard on matters provided for under this rule. Upon receipt of the petition, the Department will determine whether sufficient grounds exist to warrant a public hearing thereon.

BASIS STATEMENT: The Commissioner of Transportation is authorized by 23 M.R.S.A. §7308 sub-§13 to adopt rules and regulations for illuminated switching leads in order to provide maximum safety to train and yard service employees who are required to work on or about moving railroad freight equipment during the hours of darkness.

*HISTORICAL DERIVATION: PUC General Order #23, September 3, 1965; DOT rule adopted May 15, 1979 repealed and replaced by the above rule.

History

• STATUTORY AUTHORITY: 23 M.R.S.A. §7308 sub-§13
• EFFECTIVE: December 18, 1979
• AMENDED: May 16, 1979
• AMENDED: March 20, 1982
• EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996
• NON-SUBSTANTIVE CORRECTIONS: June 29, 1998 - statutory references, formatting.
• NON-SUBSTANTIVE CORRECTIONS: 17-229 Chapter 502 page 2

Chapter 600 Regulations Governing the Operation of Certain Vessels in Casco Bay

Code Me. R. 17-229 Ch. 600 Regulations Governing the Operation of Certain Vessels in Casco Bay {#sec-17-229-ch.-600 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 600}

Summary: Chapter 600 sets forth safety regulations for ferry vessels of the Casco Bay Island Transit District, and governs radar on vessels engaged in the transport of six or more passengers for hire in Casco Bay.

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Sec. 1 Vessels approved for use by the Casco Bay Island Transit District as ferry vessels.

Each vessel used by the Transit District to transport passengers, vehicles, or freight, shall:

A. Have a valid certificate of inspection issued by the United States Coast Guard, and shall be operated only in compliance with the terms and conditions of the certificate of inspection;

B. Shall be systematically inspected and maintained by the Transit District, or by someone acting under its direction, to insure that such vessel, parts, and accessories thereof are in a safe and proper operating condition; each vessel shall have a record of its inspection and maintenance for the period during which the vessel is subject to the Transit District's control and such record shall be available for inspection by the Department or any of its representatives and shall be preserved by the Transit District.

Sec. 2 Operation of ferry vessels by the Casco Bay Island Transit District.

A. Passengers shall not be permitted in the pilot house of any vessel while it is underway.

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B. The vessel end of the gangplank shall be properly secured to the vessel after docking, and passengers shall be restrained from using same until it is so secured.

C. Passengers and vehicles shall not be permitted to embark or disembark at the same time. A proper separation shall be maintained between passengers and vehicles when embarking or disembarking.

D. All operating personnel shall wear appropriate uniforms distinguishing them as employees of the Transit District so that they are readily identifiable by the traveling public at all times.

Sec. 3 Minimum Specifications and Manner of Operation of Radar Devices on Passenger Vessels in Casco Bay.

A. Any person, firm, or corporation, engaged in the transport of six or more passengers by vessel, for compensation between or among the islands of Casco Bay and the Mainland, shall equip each vessel so used with a radar device having the following minimum specifications:

1. Maximum range shall be at least 12 nautical miles;

2. Minimum range shall be no greater than 25 yards;

3. Range scales: The minimum range scale shall be 1/4 nautical mile: The maximum range scale shall be 12 nautical miles, with intermediate range scales.

4. The set shall have a variable range marker;

5. Bearing accuracy shall be plus or minus one degree using cursor;

6. The instrument shall present a picture no less than six inches in diameter;

7. The antenna system shall have an aperture no less than 20 inches in diameter;

8. The specifications and costs of a selected radar device may be submitted to the Department for prespective approval;

9. Radar devices shall be installed subject to the applicable requirements of the manufacturers specifications, and the United States Coast Guard.

B. When any vessel required to be equipped with radar pursuant to Section 3 is engaged in the transport of passengers, the captain shall be the radar observer. The captain shall be qualified as a radar observer by possessing a certification from the United States Coast Guard, or possessing a certificate of successful completion of a course of instruction from any “Radar Observer School” approved by the United States Coast Guard to issue such a certificate.

BASIS STATEMENT

Sections 1 and 2 of this regulation are promulgated pursuant to P. & S. L. 1885, c. 495, P & S. L. 1963, c. 174, as amended by Title 23 M.R.S.A. Section 4406. Section 3 is promulgated pursuant to 1981 P. & S. L., c. 22, Section 12.

RESPONSE TO COMMENTS: No comments were received.

EFFECTIVE DATE: June 5, 1989.

EFFECTIVE DATE (ELECTRONIC CONVERSION): April 24, 1996

Chapter 601 Rules Relating to the Maine State Ferry Service

Code Me. R. 17-229 Ch. 601 Rules Relating to the Maine State Ferry Service {#sec-17-229-ch.-601 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 601}

SUMMARY: This rule provides for the safe and secure transport of medical samples in a Lockbox on vessels owned by the Maine State Ferry Service (MSFS), in accordance with U.S. Coast Guard regulatory requirements.

Definitions

1. Island Medical Clinic. Island Medical Clinic means those medical facilities that serve residents on the islands serviced by the MSFS pursuant to 23 M.R.S.A. §4401.
2. Hazardous Material Regulations (HMR). Hazardous Material Regulations refer to those regulations contained in the Code of Federal Regulations (CFR) 49, Parts 100-185, which govern the transportation of hazardous materials in all modes of transportation - air, highway, rail and water.
3. Maritime Security Level (MARSEC) 1. The Maritime Security Level (MARSEC) refers to the level set to reflect the prevailing environmental threat to the marine elements of the national transportation system, including ports, vessels, facilities, and critical assets and infrastructure located on or adjacent to waters subject to the jurisdiction of the U.S. MARSEC Levels apply to vessels, Coast Guard­regulated facilities inside the U.S., and to the U.S. Coast Guard pursuant to 33 CRF §101.100 et seq . 2. The U.S. Coast Guard employs a three-tiered system of MARSEC Levels designed to easily communicate to the U.S. Coast Guard and our maritime industry partners pre-planned scalable responses for credible threats. 1. MARSEC Level 1 means the level for which minimum appropriate security measures shall be maintained at all times. 2. MARSEC Level 2 means the level for which appropriate additional protective security measures shall be maintained for a period of time as a result of heightened risk of a transportation security incident. 3. MARSEC Level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a transportation security incident is probable, imminent, or has occurred, although it may not be possible to identify the specific target.
4. Medical Diagnostic Samples. Medical Diagnostic Samples means those medical samples designated by an Island Medical Clinic for transport by a Medical Sample Currier utilizing a MSFS Vessel Lockbox. For the purpose of Medical Diagnostic Sample transport on MSFS vessels, samples will be characterized as Division 6.2 Materials (Infectious Substance) - "Biological Substance, Category B". A Category B Infectious Substance is considered an "infectious substance that is not in a form generally capable of causing permanent disability or life threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs."
5. Medical Sample Currier. A Medical Sample Currier is a person who has been approved by an Island Medical Clinic to transport Medical Diagnostic Samples to/from a Vessel Lockbox on a MSFS Vessel.
6. Vessel Lockbox. A Vessel Lockbox is a dedicated and secure storage system installed on vessels owned and operated by the MSFS to accommodate and safely transport medical diagnostic samples.
7. Transportation Worker Identification Credential (TWIC). TWIC is the Transportation Worker Identification Credential (or TWIC) program administered by the Transportation Security Administration (TSA) and U.S. Coast Guard. The TWIC program provides a tamper-resistant biometric credential to maritime workers requiring unescorted access to secure areas of port facilities, outer continental shelf facilities, and vessels regulated under the Maritime Transportation Security Act of 2002 and all U.S. Coast Guard credentialed merchant mariners. To obtain a TWIC, an individual must provide biographic and biometric information such as fingerprints, sit for a digital photograph and successfully pass a security threat assessment conducted by TSA.

H. MSFS Vessel. MSFS Vessel means a ferry boat owned and operated by the Maine State Ferry Service for the purpose of transporting vehicles, freight and passengers pursuant to 23 M.R.S.A. §4401.

Lockboxes on MSFS Vessels

MSFS Vessels shall be outfitted with a Vessel Lockbox for the safe and secure transport of medical samples.

A Vessel Lockbox shall be positioned in a location that is functional from an operational, security, and customer safety standpoint. A Vessel Lockbox shall never be left unlocked while unattended by a Medical Sample Currier. A Vessel Lockbox shall be considered a 'secure' area and will be identified as such in applicable MSFS Security Plan(s).

Transport of Medical Diagnostic Samples Between Islands and Mainland

Transport of Medical Diagnostic Samples utilizing a Vessel Lockbox as provided for below may only occur with a MARSEC Level 1. If the MARSEC Level is raised to Level 2 or 3, transport of Medical Diagnostic Samples via Vessel Lockbox is suspended. The MSFS Manager, at his or her sole discretion, may provide either free walk-on tickets or vehicle priorities to support medical diagnostic sample transport until MARSEC Level 1 is returned.

Island Medical Clinics that choose to transport Medical Diagnostic Samples via MSFS vessels must create and provide a list of approved Medical Sample Curriers to the MSFS. Island Medical Clinics must provide updated lists to the MSFS as changes to the approved Medical Sample Currier list are made by the Clinics.

A Medical Sample Curriers must have a valid TWIC card before an Island Medical Clinic can add the person to the approved Medical Sample Currier list.

Island Medical Clinics are responsible for ensuring that all Medical Diagnostic Samples are packaged and labeled in accordance with Hazardous Material Regulations (HMR). If Medical Diagnostic Samples are not packaged and labeled in accordance with the HMR, the Medical Sample Currier will not be given clearance to board a MSFS Vessel.

A Medical Sample Currier must bring the Medical Diagnostic Sample package to a MSFS terminal agent at least 15 minutes prior to scheduled vessel departure.

Medical Sample Curriers must present a TWIC card to the MSFS terminal agent to confirm they are on the list of approved Medical Sample Curriers.

A Medical Sample Currier shall open the package for inspection and verification by the MSFS terminal agent to confirm that the package contains medical diagnostic samples only and that the samples are packaged and labeled in accordance with Hazardous Material Regulations. Any packages that cannot be visually verified as containing medical diagnostic samples shall not be transported on a MSFS Vessel.

Once verified, the MSFS terminal agent will contact the MSFS Vessel Captain to inform that a Medical Sample Currier is depositing a Medical Diagnostic Sample package into the Vessel Lockbox. The Medical Sample Currier must stay in line of sight of the MSFS terminal agent or in the walk-on passenger loading line.

I. Once MSFS vessel passenger loading begins, the Medical Sample Currier must show a TWIC card to MSFS vessel security personnel to receive authorization to place the Medical Diagnostic Sample in the Vessel Lockbox.

J. The Medical Sample Currier shall insure that the Medical Diagnostic Sample is property secured in the Vessel Lockbox and must then depart from the vessel.

K. The procedures above are repeated for a Medical Sample Courier to retrieve a Medical Diagnostic Sample from a Vessel Lockbox.

History

• STATUTORY AUTHORITY: The MaineDOT is authorized by Resolve 2015 ch. 86 and 23 M.R.S. §52 to adopt rules for the safe and secure transport of medical sample in a lockbox on Maine State Ferry Service Vessels.
• EFFECTIVE DATE: September 29, 2018 – filing 2018-208

Chapter 602 Rules Relating to Maine State Ferry Service Tolls

Code Me. R. 17-229 Ch. 602 Rules Relating to Maine State Ferry Service Tolls {#sec-17-229-ch.-602 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 602}

Section 1: SUMMARY

This rule establishes tolls for the use of Maine State Ferry Service (MSFS) lines.

Section 2: ESTABLISHMENT OF TOLLS

Tolls for the use of Maine State Ferry Service lines are set forth in Schedule A.

Section 3: DEFINITIONS

As used in Schedule A:

“Adult” means a person 18 years or older.

“Bicycle” means a bicycle as defined in 29-A M.R.S. §101(9).

“Child” means a person who is less than 6 years old.

D) “Minor” means a person who is at least 6 years old but who is less than 18 years old.

E) “Motorcycle” means a motorcycle, a motorized scooter, a moped, or a motorized bicycle or tricycle (all as defined in 29-A M.R.S. §101).

F) “Truck” means a motor vehicle with either more than 4 tires or an overall length (including cargo) of more than 20 feet.

G) “Vehicle” means a motor vehicle with 4 tires or less with an overall length (including cargo) of 20 feet or less, excluding Motorcycles. “Vehicle” includes automobiles, station wagons, vans, mini-vans, pickup trucks, golf carts, fork lifts, riding lawn mowers, small garden tractors, and all-terrain vehicles.

Section 4: COMMUTER TICKETS

Five commuter tickets may be purchased for the price of 4 regular tickets. Commuter tickets are non-transferable, may be used for no more than one round trip per day, and expire if not used within 14 days after the first of the 5 commuter tickets is used.

Schedule A

Islesboro

October 1 to May 31

June 1 to September 30

Adult Round Trip

$10.25

$17.00

Minor Round Trip (Ages 6-17)

$5.00

$12.00

Child (Ages 0-5)

Free

Free

Vehicle Round Trip *

$30.00

$42.50

Motorcycle Round Trip *

$23.25

$33.75

Truck Per Foot Round Trip **

$5.75

$6.75

Adult Bicycle Round Trip ***

$17.00

$23.75

Minor Bicycle Round Trip ***

$12.00

$18.75

Swans Island,

Frenchboro,

North Haven,

Vinalhaven

October 1 to May 31

June 1 to September 30

Adult Round Trip

$15.75

$23.00

Minor Round Trip (Ages 6-17)

$8.00

$15.00

Child (Ages 0-5)

Free

Free

Vehicle Round Trip *

$41.50

$55.00

Motorcycle Round Trip *

$32.00

$42.50

Truck Per Foot Round Trip **

$6.00

$7.00

Adult Bicycle Round Trip ***

$22.75

$29.75

Minor Bicycle Round Trip ***

$14.75

$21.75

Matinicus

Year-Round Rates

Adult Round Trip

$25.00

Minor Round Trip (Ages 6-17)

$12.50

Child (Ages 0-5)

Free

Vehicle Round Trip *

with reservation

$125.00

Motorcycle Round Trip *

$68.00

Truck Per Foot

Round Trip **

$10.00

Adult Bicycle

Round Trip ***

$31.00

Minor Bicycle

Round Trip ***

$18.50

• Includes driver (but not accompanying passengers).

** Does not include driver or accompanying passengers.

*** Includes rider.

History

• STATUTORY AUTHORITY: 23 M.R.S. §§ 52 and 4404; Resolves 2015 ch. 86 §2
• EFFECTIVE DATE: October 1, 2019 – filing 2019-168
• EFFECTIVE DATE: AMENDED
• EFFECTIVE DATE: August 1, 2024 – filing 2024-168
• EFFECTIVE DATE: June 1, 2025 – filing 2025-119

Chapter 700 Transit Bonus Payment Program

Code Me. R. 17-229 Ch. 700 Transit Bonus Payment Program Rules {#sec-17-229-ch.-700 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 700}

SUMMARY: This chapter outlines the procedures adopted by the Department of Transportation to implement and administer the Transit Bonus Payment Program established by Chapter 681 of the Public Laws of 2001 as enacted by the 120th Legislature, 2nd Regular Session.

§1. Definitions

The following definitions are adopted to aid in the interpretation and administration of the Transit Bonus Payment Program authorized in Chapter 19, Subchapter VI of Title 23 of the Maine Revised Statutes Annotated.

1. Department. "Department" means the Maine Department of Transportation's Office of Passenger Transportation.

2. Program. "Program" means the Transit Bonus Payment Program established by the Legislature pursuant to Public Law 2002, Chapter 681, as the same may from time to time be amended.

3. Municipal Revenue Source. "Municipal revenue source" means a traditional broad-based local revenue source such as fees, taxes, and interest. It does not include revenue derived from gifts, grants, endowments, subsidies or similar sources.

4. Base Year. "Base year" for the purposes of measuring increases in qualifying expenditures pursuant to 23 MRSA § 1807(1) is defined as State Fiscal Year 2001, which encompasses the period from July 1, 2000 to June 30, 2001, or another period if approved pursuant to §3 of these Rules.

5. Municipality. "Municipality" means any entity eligible to receive funds under the Urban-Rural Initiative Program, which includes municipalities, counties and Indian Reservations.

6. Transit Service. "Transit service" means ‘mass transportation’ as defined in Federal U.S. Code 49, Chapter 53, Section 5302 (a) 7.

7. Seasonal. "Seasonal" means any transit service that operates less than a full calendar year, especially when designed to deal with a short-lived congestion phenomenon such as the summer tourist or winter sport seasons.

§2. Eligibility

Only those entities specified in 23 MRSA §1804 may submit applications for a transit bonus under this Program.

Qualifying expenditures are as defined in 23 MRSA §1807(2) but may not include expenses for charter service as defined by the Federal Transit Administration in the Code of Federal Regulations, 49 CFR Part 604.5 (e). Charter service includes all school bus services.

§3. Base Year

The "Base year", for the purposes of calculating increases in qualifying expenditures for transit, shall be as defined above; however, in the case where a municipality's fiscal year does not coincide with the State Fiscal Year, the municipality is directed to use its fiscal year which has the most months in common with the State Fiscal Year 2001. This municipal fiscal year shall then become the base year for calculating future increases in qualifying expenditures for transit, and shall be used consistently as the basis for all future reporting by that municipality under this Program.

§4. Application

Requests for funds under this Program shall be submitted to the Office of Passenger Transportation prior to and separately from the mailing of the annual certification for the Urban Rural Initiative Program (URIP). To be eligible for funding for the bonus program that begins on July 1 of the new State fiscal year (July 1 to June 30), requests for funds certifying budgeted municipal contributions for the fiscal year coinciding with the State Fiscal Year beginning July 1 (see §3 ‘Base Year’) must be received by June 1, prior to the beginning of that new State Fiscal Year. Due to the complications of calculating the amounts to be distributed in time for the URIP process, applications received after June 1 will not be considered.

§5. Distribution of Funds.

1. Transit Bonus Payment Program payments will be added to the allocated URIP amount for a fiscal year and paid in the regular URIP process.

2. If and when the total of qualifying applications for reimbursement exceeds the threshold of the annual amount available for distribution provided under 23 MRSA §1807(4), funds will be apportioned according to the amount of each municipality's increase of qualifying expenditures since the inception of the Program. Furthermore, the Department may, under this circumstance, establish a per rider limit on State assistance.

3. When a municipality receives both Urban and Rural URIP funds, all Transit Program funds will be applied to the Urban Initiative portion of the payment.

History

• STATUTORY AUTHORITY: P.L. 2002, c. 681, as codified in 23 MRSA §1807.
• EFFECTIVE DATE: April 5, 2003 - filing 2003-87
• EFFECTIVE DATE: 17-229 Chapter 700 page 3
• EFFECTIVE DATE: Proofed
• EFFECTIVE DATE: 4/8/2003

Chapter 800 Autonomous Vehicle Pilot Program Rules

Code Me. R. 17-229 Ch. 800 Autonomous Vehicle Pilot Program Rules {#sec-17-229-ch.-800 omnilex-key=us-me-regs-official--dept-transportation--17-229 Ch. 800}

Summary: H.P. 1204 - L.D. 1724, a RESOLVE, “To establish the Commission on Autonomous Vehicles and To Allow the Testing, Demonstration and Deployment of Automated Driving Systems,” (hereinafter referred to as “the Resolve”) was enacted by the 128^th Maine Legislature in April 2018. Section 2 of the Resolve states that, “…the Commissioner of Transportation shall adopt rules, in consultation with the Department of Public Safety and the Department of the Secretary of State, to establish a process to evaluate and authorize an autonomous vehicle tester to demonstrate and deploy for testing purposes an automated driving system on a public way.” These rules describe the Autonomous Vehicle Pilot Project Program and the process by which an autonomous vehicle tester may apply to demonstrate and deploy an automated driving system on a public way in the state of Maine for testing purposes. These rules are intended to ensure, to the greatest extent possible, the safe and lawful conduct of autonomous vehicle Pilot Projects undertaken in Maine.

Section 1. Definitions

Automated Driving System (“ADS”): The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the task is limited to a specific Operational Design Domain. “Automated Driving System” is used specifically to describe a Level 3, 4 or 5 driving automation system in accordance with standards and specifications outlined in standard J3016, adopted by the Society of Automotive Engineers in September 2016.

ADS-Equipped Vehicle: A vehicle equipped with an automated driving system that has the capability to operate at Level 3, 4 or 5.

ADS-Equipped Vehicle Tester (“Tester”): A vehicle manufacturer, institution of higher education, fleet service provider or automotive equipment or technology provider that tests ADS-Equipped vehicles.

ADS-Equipped Vehicle Manufacturer: A person or entity that builds or sells ADS- Equipped Vehicles or that develops or installs automated driving systems in motor vehicles not originally built as ADS-Equipped Vehicles.

Commission on Autonomous Vehicles (“Commission”): A Commission established by the Resolve to coordinate efforts among state agencies and knowledgeable stakeholders to inform the development of a process to allow Tester to demonstrate and deploy for testing purposes an ADS on a public way.

Dynamic Driving Task: The real-time operational and tactical functions required to operate a vehicle in on-road traffic within its specific operational design domain, if any, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints.

Executive Council on ADS-Equipped Vehicles: A Council comprised of the Commissioner of Transportation, the Secretary of State, and the Commissioner of Public Safety. The Executive Council is a decision-making body that may authorize a proposed project to proceed, authorize a proposed project to proceed with conditions, deny the project authorization to proceed, or require additional information.

Operational Design Domain (“ODD”): The ADS-Equipped Vehicle Manufacturer’s definition of the conditions under which the ADS, or the differing automated components thereof, are intended to operate with respect to roadway types, geographical locations, speed, range, lighting conditions for operation (day and/or night), weather conditions, and other operational domain constraints.

Pilot Project: As used in this Rule, Pilot Project refers to a project to be conducted by a Tester. In this context, a Pilot Project is a small-scale, preliminary project conducted to evaluate the feasibility, cost and benefits of an autonomous vehicle concept prior to full-scale implementation of an ADS. A Pilot Project is an actual implementation of the ADS, with real transportation customers, on a limited scale and under specified conditions. Customer feedback would be expected to yield information to the Tester, to host community(ies) and to the Commission, to help identify any information for system validation and improvement of the ADS and any other issues that should be addressed.

Responsible Vehicle Operator (“Operator”): As used in these rules, Operator means the individual who is responsible for the safe and lawful operation of an ADS-Equipped Vehicle and its Automated Driving System on public ways, whether that individual is inside of or outside of the vehicle; is physically controlling the steering, acceleration, braking, and stopping of the vehicle; is controlling these actions of the vehicle remotely; or is prepared to take control of the vehicle when the ADS performs unsafely or inappropriately or fails in any way.

Section 2. Commission on Autonomous Vehicles: Membership and Duties Related to the Autonomous Vehicle Pilot Program

Membership: The Commission will consist of at least 11 members, including:

The Commissioner of Transportation or designee, who serves as Chair

The Secretary of State or designee from the Bureau of Motor Vehicles

The Commissioner of Public Safety or designee from the Bureau of State Police

The Chief Information Officer or designee, Office of Information Technology

A representative of the Bureau of Highway Safety

A representative of the Bureau of Insurance

A representative of the Office of Aging and Disability Services

The Executive Director of the Maine Turnpike Authority or designee

One member with expertise in autonomous vehicle technologies

One member representing a nonprofit transit provider

One member representing the motor carrier industry

Other appointments as necessary, by the Chair

Duties of the Commission: Among the primary duties of the Commission specific to this Rule is the responsibility to inform the Commissioner of Transportation, the Department of Public Safety and the Department of the Secretary of State regarding establishment of a process to evaluate and authorize a Tester to demonstrate and deploy for testing purposes an ADS on a public way. The Commission will serve as an advisory body that will receive applications to conduct prospective Pilot Projects, evaluate such applications with respect to the factors in which the state has interest and jurisdiction, and develop and provide recommendations to the Executive Council on ADS-Equipped Vehicles.

Section 3. Application Process

Who Can Apply: Testers may apply for a permit to test an ADS-Equipped Vehicle under these Rules.

Application: Prospective Testers who wish to apply fora permit must complete and submit an application to the Commission. The application can be found on the Commission on Autonomous Vehicle webpage on the Maine Department of Transportation website. In developing its recommendations to the Executive Council, the Commission will require information from the prospective Tester as follows:

Tester/Applicant Information

Tester name

Address

Mailing address (if different from address)

Principal point-of-contact for testing (lead person)

Name

Title

Telephone number

Email address

Physical presence in the state of Maine or elsewhere

Name

Telephone number

Address

Email address

Evidence of the financial capacity of the Tester. Applicants must have financial resources sufficient to develop, launch and sustain a Pilot Project, and to adjust to any changes in conditions that occur or steps that may be necessary to conduct and complete the project.

Safety Driver Information (List All Applicable Employees, Contractors, and Designees)

Legal name

Driver license number

State or country issued

Background check, including driving record

Description of safety training

Vehicle Information (List All Applicable Test Vehicles)

License plate number

State issued

VIN or, if not available, a Manufacturer Certificate of Origin

Year, make & model

Proof of current registration

Current motor vehicle inspection date

Note: The State of Maine recognizes the registration, title, and plate issued by another titling jurisdiction for purposes of testing.

Description of Prospective Pilot Project:

Purpose, including transportation needs it will address and aspects of the ADS that are being tested

Description of the ODD including:

Geographic boundaries (geo-fencing).

Time of day (daytime, nighttime).

Weather conditions.

Road typologies and speeds (functional classification, single or multiple lanes, minimum and maximum operating speeds).

Situational constraints (construction and active work or school zones, signalized intersections, unprotected left turns, non-signalized crosswalks, rotaries and roundabouts, areas where pedestrians tend to cross non-channelized, other).

Identification of any partners in the development and operation of the Pilot Project (e.g., municipalities, other governmental entities, or other public institutions).

Proposed time frame and duration of the Pilot Project.

Proposed routes and specific roadways of the Pilot Project.

Characterization of the type of fallback (e.g., natural human Operator in the vehicle, a natural human Operator controlling the vehicle remotely, or other type of administrator of a fully automated driving system).

Explanation of whether a natural human Operator will be present in the vehicle, and if not, why a human presence is not necessary.

Description of how the Tester (and partner entities, if applicable) will reach out to and educate members of the public about safety around ADS-Equipped Vehicles.

Safety and Risk Mitigation:

A detailed account of the safety record, including any crash history and subsequent fixes, of the ADS-Equipped Vehicle intended to be used in Pilot Project and associated ADS prior to commencement of the Pilot Project in Maine.

A description of public safety precautions that will be taken during the Pilot Project to ensure the safety of the public.

A description of any previous Pilot Projects or live implementation of the Pilot Project vehicle and associated ADS, noting any difficulties identified or encountered in any prior activities.

A detailed description of a first responder interaction plan addressing how state, county or municipal law enforcement officials and emergency response personnel will be informed and educated about the Pilot Project, including instructions about how to proceed if unsafe or obstructive conditions occur. A description on how first responders can disable the vehicle in an emergency must be included.

In lieu of the requirement of sections 5(a) through 5(d), above, a Tester may submit with the application a copy of its Voluntary Safety Self-Assessment as submitted to the National Highway Traffic Safety Administration.

Insurance: Tester must demonstrate financial ability to satisfy a judgment for damages for personal injury or property damage of at least five million dollars per occurrence. This requirement may be met by submitting to the Commission proof of liability insurance, self-insurance or a surety bond of at least five million dollars for damages by reason of personal injury, death or property damage caused by a fully autonomous vehicle.

Data Collection: Description of what data will be collected, how it will be used, how privacy will be protected, and how security will be maintained, including customer feedback in the conduct of the Pilot Project and crash data.

Partnership with Municipalities, Other Government Entities, or Other Public Institutions: Municipalities, other government entities, or other public institutions may wish to partner with a Tester to conduct a Pilot Project within local jurisdictions or realms of authority. In such cases, the Tester and partner entity(ies) must enter into a multi-party Memorandum of Understanding (MOU) to confirm and memorialize a commitment of support from appropriate local elected officials or appropriate authorities from other partner entities. A copy of the MOU shall be included with the application.

Submittal of the Application: The application shall be submitted to the Chief Engineer of MaineDOT at 16 State House Station, Augusta, Maine 04333-0016 or submitted electronically through the Maine Department of Transportation Website. The Chief Engineer will send back a notice of the date the application is considered complete or request additional information as needed. Once the application is complete, the Commission will review the application.

Section 4. Testing Authorization Process

Upon receipt of a complete application for a Pilot Project, the Commission will review the application and render a recommendation to the Executive Council within 30 calendar days. The Executive Council will decide within 14 calendar days if the Pilot Project is approved or denied. The Executive Council will advise the applicant of its decision as to whether it will issue a permit for a Pilot Project with or without conditions (by certified letter or email.) The decision of the Commission may also deny a permit or require additional information from the applicant. If clarification is needed before a permit can be issued, the certified letter and/or email shall outline the additional information that is necessary for the Executive Council to proceed with consideration of the Pilot Project. If the application for a permit is declined, the certified letter and email shall provide a written explanation of the reason(s) why the application was declined and provide an opportunity for the prospective Tester to meet with the Commission. The prospective Tester may resubmit the application and receive reconsideration from the Commission if the revised application includes substantive changes. If the application for a permit is denied outright, the applicant has 14 days from the date of notification of the denial to appeal the decision to the Executive Council.

Permits are valid for one year from the date of issuance and will be generated by the Bureau of Motor Vehicles. Permits must be kept with the ADS-Equipped Vehicle at all times.

Modification to Permit: After receiving a permit authorizing it to proceed, the Tester shall electronically notify the Commission if there are modifications in the testing program or to the ODD such that the submitted application no longer accurately or adequately describes the scope of the testing program. The Tester should stop testing immediately until these changes are confirmed and approved by the Commission

Renewals: Annual renewals are allowed. The Tester shall notify the Commission in writing if it wishes to continue with the testing program. If substantial changes are being made to the testing program, the Commission may require a new application. The Tester must be in compliance with “Section 6. Data Reporting” and “Section 7. Crash Reporting” for the Commission to move forward on a renewal request.

Section 5. Suspension or Revocation of Authorization to Conduct a Pilot Project

In accordance with the Resolve, the Commissioner of Transportation may immediately suspend or revoke a permit previously conferred to a Tester to conduct testing of an ADS if the Commissioner of Transportation, in consultation with the Commissioner of Public Safety and the Secretary of State, determines that testing poses a risk to public safety or that the operator or Tester has failed to comply with the requirements as established by rule adopted pursuant to subsection 2 of the Resolve.

Reinstatement of Testing Authorization: Upon the suspension or revocation of a permit, the Tester shall be entitled to request reinstatement. The Tester must establish to the Executive Council’s satisfaction that it has taken appropriate action to correct any deficiencies that caused the suspension or revocation or that the Tester can provide evidence that the ADS was not at fault. Upon such evidence, the Executive Council will consider reinstatement of the permit.

Temporarily Restricting Testing: The Commissioner of Transportation reserves the right to request that Testers temporarily cease or restrict testing on select trafficways or statewide during certain circumstances. The Commission shall notify Testers, with as much notice as practicable, about how, where, and when testing should cease or be restricted. To the extent practicable, the Commission shall contact all applicable Testers to explain the reasons for the restriction prior to issuance and will consider any specific proposals from Testers to continue safe operations during the restriction period. When ADS testing is no longer prohibited on a trafficway, the Commission shall notify the Testers within one (1) business day by telephone or email.

Emergencies: Emergencies include, but are not limited, to extreme weather and declared emergencies. During emergencies, ADS testing will be prohibited only if there are active restrictions for other classes of vehicles.

Special Events: Special events, include, but are not limited to, dignitary visits, major conventions/summits, and superload movements. The Commission will temporarily prohibit or restrict testing only for special events with potential dynamic closures and/or safety/security concerns. The Commission shall provide at least one (1) day’s notice to the Tester. To the extent possible, the Commission shall attempt to provide three to five (3 to 5) days’ notice. Notice shall be provided by email and telephone.

Safety Restrictions: Safety restrictions, include, but are not limited, to the following:

1. The Tester may not operate in complex and/or irregular work zones.
2. The Tester may not operate in a local municipality, city, or operating agency that has requested a temporary prohibition or restriction on the testing of an ADS for emergencies, special events or safety concerns, as defined above by contacting the Commissioner of Transportation or his designee. The Commission shall consider the request, and if the Commission determines that the requested prohibition or restriction is necessary and justified to address a safety concern, the Commission will notify the ADS Tester within the applicable window of time stated in Sections 7(B)-(D).

c. The Tester may not allow an ADS-Equipped Vehicle to be driven by an operator who. has been convicted or charged with a violation of one of the offenses listed in 29-A M.R.S. §2551 (1) (A).

The above restrictions in (a) and (b) do not apply to ADS-Equipped Vehicles being manually operated by the safety driver.

Section 6. Data Reporting

The Tester shall submit annually to the Commission a report describing the ADS travel routes, difficulties encountered, including safety or traffic-related incidents, and any known, future plans related to the Pilot Project within the testing geography.

Section 7. Crash Reporting

The Tester shall give notification of the occurrence of any crash in Maine originating from the operation of an ADS-Equipped Vehicle on trafficways that results in the damage to property, serious bodily injury or death within a reasonably practicable timeframe, but in no case to exceed five 5 days from the date of any incident.

Notifications required under this section shall be reported to the appropriate personnel at the Maine Department of Transportation.

The Tester will provide:

Name of Tester

Location of the crash

Date and time of the crash

Description of the incident and any damages and/or injuries incurred name and title of ADS-Equipped Vehicle representative reporting the crash

Incident or accident report number, if applicable

Name of the investigating party

As the investigation progresses, the Tester shall keep the Department of Transportation and Department of Public Safety abreast of new information as it becomes available.

Section 8. Report from the Commissioner

No later than January 15, 2022, the Commissioner of Transportation must submit a final written report that includes findings and recommendations, including suggested legislation, for presentation to the Joint Standing Committee on Transportation having jurisdiction over transportation matters.

History

• STATUTORY AUTHORITY: Resolve 2018 Chapter 46 H.P. 1204 - L.D. 1724; 23 M.R.S §52
• EFFECTIVE DATE: April 1, 2020, filing 2020-062
• EFFECTIVE DATE: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

17-387 Maine Pilotage Commission

Chapter 1 General Rules and Regulations

Code Me. R. 17-387 Ch. 1 Rules and Regulations {#sec-17-387-ch.-1 omnilex-key=us-me-regs-official--dept-transportation--17-387 Ch. 1}

SUMMARY: These Rules outline requirements for licensing, operations and safety, complaints, investigations, and discipline, and other general provisions.

DEFINITIONS

The following terms when used in these regulations shall be deemed to mean and include:

Administrator. The individual designated by the Commissioner of Transportation to provide

coordination of administrative support for the Commission and/or the Complaint Officer.

Chair. The Chair of the Commission who shall be elected by the members of the Commission at

their first meeting of each calendar year.

Commission. The Maine Pilotage Commission. In the case of reports or notifications to the Commission, it shall be interpreted as having been delivered to the Commission if provided to the Commission Administrator.

Complaint Officer. A member of the Commission designated by the Commission to assist the Commission in carrying out the investigative and disciplinary functions set forth in these regulations. The Complaint Officer may use the Commission Administrator and other Department personnel to assist in discharging these duties.

Department. The State of Maine Department of Transportation.

Incompetence. Incompetence means the licensee has: (1) engaged in conduct which evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or (2) engaged in conduct which evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which licensed.

Initial License. The license or endorsement considered to be the first for the geographic area under consideration to be distinguished from the renewal of licenses.

Low Volume Area: An area covered under the Maine Pilotage Commission Rules that requires pilotage but receives less compulsory pilotage vessel traffic than the defined minimum number of Training Trips per Maine Pilotage Commission Rule 17-387 Chapter 1 Part A.2 (Training Trips) counted on a rolling average over 5 years.

Misconduct. Misconduct is human behavior which violates some commonly accepted rule. Such rules are found in, among other places, statutes, regulations, the common law, the general maritime law, a ship's regulation or order, or shipping articles and similar sources. It is an act which is forbidden or a failure to do that which is required.

Negligence. Negligence is the commission of an act which a reasonable and prudent person of

the same station, under the same circumstances, would not commit, or the failure to perform an

act which a reasonable and prudent person of the same station, under the same circumstances,

would not fail to perform.

Pilot Stations. The location(s) where a pilot makes a rendezvous, for the purpose of boarding or

leaving a vessel that requires pilot services.

Pilotage Areas. Specific areas of the Maine coast where the Commission has established licensing requirements.

Reduced Visibility. Conditions that substantially reduce visibility during the majority of a transit including fog or storms.

Training Trips. Those trips made by an applicant acting for the purposes of gaining local knowledge and experience in ship handling within specific waters under the jurisdiction of the Commission.

Recency. Training Trips and/or trips required to be undertaken by a licensed pilot in order to maintain a license.

Tug and Barge. A Tug and Barge is considered to be a single vessel for purposes of determining tonnage and accounting for Recency and Training Trips.

Pilotage Duties. When directing the movement of vessels entering or departing from any port or harbor pursuant to 38 M.R.S. §§ 85 et seq and these Rules, the responsibilities of a pilot licensed by the Commission include the maneuvering of such vessels during docking, undocking or changing berths, and while anchoring, mooring or unmooring at any offshore platform or buoy.

PART A. LICENSING REQUIREMENTS

1. Requirements for Initial Licensing

To apply for a license, an applicant for any pilotage area:

a. Must appear before the Commission to make initial application for a license. At this appearance the sponsoring pilot or pilot organization will also appear and justify, to the satisfaction of the Commission, the need for additional pilots for the specific area. This appearance shall occur prior to initiating any Training Trips for the State license. The Commission may, at its sole discretion, accept trips previously made under the supervision of a pilot licensed by this Commission for the specific area. These trips must have been made within a five year period immediately previous to the date of the appearance before the Commission and must be sufficiently documented to show compliance with the requirements outlined in Section 2.A. of these rules. In the public interest of having qualified pilots on all bodies of water within its jurisdiction, the Commission reserves the right to waive the five-year period if insufficient traffic limits the ability of an applicant to meet these guidelines. The applicant must have, in the opinion of the Commission, significant and sufficient alternative experience that would warrant the public’s interest being served.

b. Submit a complete and accurate application form given under oath.

Prior to the granting of a license, the applicant must:

c. Submit proof of current federal license of at least a Master of 1600 Gross Tons with a first class pilot endorsement for the region for which application is being made. Such proof shall be a copy of the license showing the license number, expiration date, and all current endorsements. In those areas where no federal endorsement is available, the Commission may set additional standards for a State license.

d. Submit proof of Training Trips complying with Section 2.

e. Submit proof of physical examination and eye examination complying with Section 3.

f. Submit proof of U.S. Citizenship and State of Maine residency.

g. Pay all required fees as established by 38 M.R.S. §93.

h. Submit to a background investigation by the Maine State Police.

i. Submit two (2) letters of recommendation/character reference from maritime individuals familiar with the applicant but not employed by the sponsoring pilot group.

j. Appear before the Commission to review their qualifications.

k. Achieve a score of 90% or better on a written examination on the applicant's knowledge of the local area, which will be given after all other requirements above have been met.

l. Pass a pre-application drug test or provide proof of enrollment in a federally approved drug testing program.

Submit proof of current radar observer certification.

Submit proof of ARPA (Automatic Radar Plotting Aids) certification.

Submit proof of Bridge Resource Management for Pilots certification.

Submit proof of Electronic Chart Display Information System for Pilots certification. Pilots may alternatively satisfy this requirement by completing an ECDIS course meeting the requirements of the International Standards of Training Certification and Watchkeeping Convention.

The Commission requires the sponsor to provide an update on each applicant at least annually, with reports due to the Commission by January 15th for the preceding calendar year. The Commission may revoke an application if progress is not apparent, or justification for continuing the application is not provided by the sponsor.

2. Training Trips

Training Trips must consist of round trips on vessels of tonnage, as established by the Commission, by these regulations and should include trips made in all weather and seasonal conditions anticipated for the Pilotage Area. Additionally, twenty-five percent (25%) of trips shall be made during the hours of darkness where practicable. Such proof shall be a trip sheet showing for each round trip, the date, geographic point of the beginning and ending of the route, time at the beginning and end of the route, the name and gross tonnage of the vessel, the name and signature of the pilot, licensed by this Commission for that area, who was supervising the trip, a brief description from the supervising pilot of the activities of the applicant, and general weather conditions.

a. Kennebec River. 12 Round Trips on vessels of at least 1600 gross tons.

b. Sheepscot River. 12 Round Trips on vessels of at least 1600 gross tons and license certification by the Maine Pilotage Commission in at least one other area. Pilotage in this area is restricted to Daytime Only.

c. Boothbay Harbor. 12 Round Trips on vessels of at least 1600 gross tons and license certification by the Maine Pilotage Commission in at least one other area.

d. Penobscot Bay. 30 Round Trips on vessels of at least 1600 gross tons, except that at least fifty percent (50%) of the trips must be on vessels of at least 5000 gross tons, with a minimum of 12 trips from each approach.

e. Penobscot River (Fort Point to Bucksport). 20 Round Trips on vessels of at least 1600 gross tons, except that fifty percent (50%) of the trips must be on vessels of at least 3000 gross tons.

f. Penobscot River (Bucksport to Bangor). 18 Round Trips on vessels of at least 1600 gross tons.

g. Blue Hill Bay. 6 Round Trips on vessels of at least 1600 gross tons, and the applicant must possess a current license for Frenchman Bay. Pilotage in this area is restricted to Daytime Only.

h. Eastern Way/Sommes Sound. 6 Round Trips on vessels of at least 1600 gross tons, and the applicant must possess a current license for Frenchman Bay. Pilotage in this area is restricted to Daytime Only.

i. Frenchman Bay. 20 Round Trips on vessels of at least 1600 gross tons, except that fifty percent (50%) of the trips must be on vessels of at least 10,000 gross tons.

j. Eastport Area (Passamaquoddy Bay, Cobscook Bay, Friar Roads, Head Harbor Passage). 20 Round Trips on vessels of at least 1600 gross tons, except that that fifty percent (50%) of the trips must be on vessels of at least 5000 gross tons.

k. Other Areas. In areas not listed above, the Commission may establish provisional licensing requirements for pilots currently licensed for other areas within the specific coastal zone. Such requirements must be in writing and may be different from the initial requirements set forth above in this Section 2 in order to protect the public by developing an adequate initial pool of qualified professionals. These provisional requirements will remain in place until the Commission promulgates rules.

l. Traffic Variations. The Commission reserves its right under 38 M.R.S. §91 to vary the number of Training Trips required for an initial license in any given area based on changes in traffic levels within that area. Such action by the Commission must be in consultation with those pilots licensed for the area and noticed on at least two regular meeting agendas with opportunity for the public to comment on the changes during each meeting. Changes to Training Trip requirements in any area will not be made more than once in any given three-year period.

m. Low Volume Areas. The Maine Pilotage Commission has designated the following waters as Low Volume Areas: Sheepscot River, Boothbay Harbor, Penobscot River (Bucksport to Bangor), Blue Hill Bay, Eastern Way/Somes Sound.

(1) For Initial License in Low Volume Areas:

The pilot must hold a license certification by the Maine Pilotage Commission in at least one other area governed by the Commission;

The pilot must appear before the Maine Pilotage Commission to review applicable qualifications;

The pilot must complete a license application and pay licensure fees for an added route endorsement per 38 M.R.S. §93;

The pilot must complete at least 12 round trips, except for the Penobscot River (Bucksport to Bangor to the Route 1A Bridge) which requires 18 round trips and Blue Hill Bay, Eastern Way/Somes Sound which require 6 round trips each. 25% of the required Training Trips must be completed during hours of darkness (although a daytime restriction may be issued if adequate Training Trips are not completed during hours of darkness); and

The pilot must complete a comprehensive local area written examination upon the conclusion of pilotage training as proctored by the Administrator or a member of the Maine Pilotage Commission. The passing score must be at least 90%.

Vessels below 1,600 gross tons may be used for initial Training Trips and Initial License as well as Recency

(2) Pilotage waters cease to be Low Volume Areas when the number of ships requiring compulsory pilotage increase to at least the route’s defined minimum number of Training Trips per Maine Pilotage Commission Rule 17-387 Chapter 1 Part A.2 (Training Trips) counted on a rolling average over 5 years. When the volume of vessels meeting the compulsory gross tonnage and draft thresholds achieves the frequency required for the normal Initial License requirements per Maine Pilotage Commission Rule 17-387 Chapter 1 Part A.2 (Training Trips), then paragraph 2m of this rule shall not apply.

3. Physical Examination and Eye Examination

Each applicant for a pilot license or renewal, issued by the Commission shall undergo a physical examination and an eye examination by a qualified physician taken within 30 days of filing their application or within 120 days of filing their renewal. Licensed pilots are also required to submit annual physical and eye examinations to the Commission. A valid Coast Guard Medical Certificate (Form CG-4616A) may be submitted as proof of compliance.

4. Requirements for Maintaining a License and License Renewals

a. For maintaining a license, licensees are required to comply with Recency as defined below.

(1) Recency shall consist of round trips on vessels of tonnage, as established by the Commission. Proof of such round trips shall be, for each Pilotage area, a completed form approved by the Commission showing, the name of the pilot licensed by the Commission, vessel name, gross tonnage, official Number, Inbound Date and Outbound date. The specified number of trips to maintain Recency shall annually be 10% of the number of trips, respective of tonnage requirements, as established for licensing in Subsections 2a - 2k, rounded to the next highest full number, and generally complying with the guidelines set forth in Section 2.

(2) An individual license holder may make application to the Commission for consideration of comparable alternative criteria to meet Recency standards as outlined above.

(3) All pilots will notify the Commission on the approved forms of their Recency status on an annual basis by submitting the completed form to the Commission by January 15th for the preceding calendar year. The first such report shall be due January 15, 2002.

b. To renew a license, licensees must submit:

(1) Proof of current federal license with a first class pilot endorsement for the region for which application for re-licensing is being made. Such proof shall be a copy of the current federal license showing the license number, expiration date, and all current endorsements.

(2) Proof of current physical and eye examination as stated in Section 3.

(3) Proof of enrollment in a federally approved drug testing program.

(4) Current RADAR observer recertification.

(5) Current ARPA (Automatic Radar Plotting Aids) certification.

(6) Proof of Recency as stated in this Section.

(7) Pay all required fees as established by 38 M.R.S. §93 .

Submit proof of Electronic Chart Display Information System for Pilots certification. Pilots may alternatively satisfy this requirement by completing an ECDIS course meeting the requirements of the International Standards of Training Certification and Watchkeeping Convention.

c. For all renewals requested after January 1, 2003, proof of continuing education consisting of a minimum of 40 hours during the previous five years. The Commission will develop a list of acceptable courses and will review the listing on a biannual basis. The Commission also reserves the right to approve other curriculum and courses on an individual basis.

d. Grace Period. From the date of expiration of a Maine Pilotage license, there exists a ninety day grace period within which the license may be renewed without re-examination, but all other requirements will still apply. After the grace period, any application for renewal will be subject to the criteria established for an Initial License set forth in Sections 1 and 2. However, a pilot may begin the application process up to one year in advance of the expiration date of a State license.

5. Oath

Before entering upon their duties as such, all pilots accepted by the Commission and licensed shall subscribe to the following oath before a Notary Public:

"I do solemnly swear [or affirm] that I will uphold the Constitution of the United States and the Constitution of the State of Maine, and that I will obey the laws of the United States and the State of Maine and the lawful regulations of the Maine Pilotage Commission, and that I will perform my duties as a licensed pilot to the best of my ability and in the best interest of the State."

PART B. OPERATIONAL & SAFETY REQUIREMENTS

1. Pilot Stations

The list below provides a number of locations which the Commission considers appropriate to rendezvous for vessels and pilots. This list is not comprehensive, but it provides examples of appropriate rendezvous locations. Pilots choosing to board or leave a vessel at other locations must only choose locations which will allow the vessel to proceed at least as safely as if the pilot boarded or left the vessel at the listed Pilot Stations considering all the conditions then existing.

a. For Searsport, Bucksport and Penobscot River

(1) At Manana Whistle buoy "14 M" off Monhegan Island.

(2) Three (3) miles east of lighted whistle buoy "WP".

(3) Mosquito Island at the MP buoy.

b. For Kennebec River - White Ledge lighted bell buoy

c. For Bar Harbor and Frenchman Bay

(1) One mile South or Southeast of the "FB" (Racon) Buoy.

(2) At any point along the Frenchman Bay recommended route seaward of the above listed location.

For Eastport - 1.5 nautical miles east of East Quoddy Head Light.

For Boothbay Harbor – 1 nautical mile south of the Cuckolds Light.

f. For Sheepscot River – At the 2SR buoy

Regardless of where a pilot boards a vessel, it is strongly recommended that pilot be in direct contact with any vessel to which they are providing piloting services prior to that vessel entering waters under the jurisdiction of this Commission.

2. No Pilot Boat Maintained on Station

In all cases, 24 and 12 hour Estimated Time of Arrival (ETA) are to be given, at which time the individual pilot or pilot association will confirm through the vessel's agent, Captain, Mate, or dispatcher at which station the pilot will board. Accurate ETA's are required as no pilot boats are kept on station.

3. Pilot Boat Signals

Any vessel transporting a pilot to/from a rendezvous with a vessel requiring pilotage shall display the proper pilot boat signals in accordance with international COLREGS.

4. Pilot on Board

Whenever a pilot is aboard any vessel in a piloting capacity, the pilot shall assure that the International code flag "Hotel" is displayed from the vessel by day. The master of the vessel and the pilot shall exchange information in a timely fashion regarding navigation procedures, local conditions and the ship’s characteristics. The master and/or the officer-in-charge of the navigational watch shall co-operate closely with the pilot and maintain an accurate check on the ship’s position and movement while operating in bodies of water under the jurisdiction of the Commission.

5. Navigational Aids

Whenever pilots observe any navigational aid out of position or operating improperly, it shall be their duty to report the same to the U.S. or Canadian Coast Guard as soon as practical to do so.

6. Boarding Safety

A pilot shall have no duty to board or leave a vessel unless the vessel maintains the speed required by the pilot boat operator and there exists a suitable lee and ladder conforming to the current International Maritime Organization (IMO) Standards for pilot ladder safety. The ladder shall be in good condition, properly placed, secured and illuminated to enable the pilot to board and leave the vessel safely.

7. Reporting Requirements

a. Illness or Injury to Pilot

Pilots who shall suffer illness or injury causing them to be unable to perform their duty for a period of 30 days or more shall notify the Commission to this effect. They shall further notify the Commission as to the date when they expect to be able to resume duty. The Commission may require a physical examination of the pilot before their return to duty status.

b. Injury to Pilot Sustained in Boarding or Leaving a Ship or while Aboard a Ship being Piloted

Any pilot who sustains injury in the process of boarding or leaving a ship, falls overboard, or is injured aboard a ship while performing their duty, shall report to the Commission concerning all particulars of the accident within 24 hours, and submit a written report within five calendar days. A duplicate of this report shall also be submitted to the Master or Agents of the ship involved.

c. Vessel Going Aground or Other Marine Casualty

In the event of a vessel going aground or meeting with a certain marine casualty as defined below while a pilot is directing the navigation of a vessel, the pilot shall report all circumstances attending the grounding or other accident to the Commission immediately after addressing resultant safety concerns, specifying the location and exact time of such grounding or accident and the nature thereof, and file a written report within five calendar days to the Commission. Such reportable incidents include:

An unintended grounding, or an unintended strike of (allison with) a bridge;

An intended grounding, or an intended strike of a bridge, that creates a hazard to navigation, the environment, or the safety of a vessel;

An occurrence materially and adversely affecting the vessel's seaworthiness or fitness for service or route;

An occurrence causing property-damage in excess of $25,000, this damage including the cost of labor and material to restore the property to its condition before the occurrence, but not including the cost of salvage, cleaning, gas-freeing, drydocking, or demurrage.

(1) Drug and Alcohol Testing Requirement

If the Complaint Officer deems necessary, the pilot and/or the pilot’s employer will be required to submit a copy of the results of a U.S. Coast Guard-requested drug and alcohol test. Such a test shall be conducted by a Federally-approved testing agency and the results will be made available to the Commission within 5 business days of receiving the test results.

If any pilot refuses to submit to, or cooperate in, the administration of a timely chemical test, when directed by the Complaint Officer or a law enforcement officer or by the marine employer, this fact shall be noted and shall be admissible as evidence in any administrative proceeding.

(2) Meeting With Commission

If the Commission or Complaint Officer deems necessary, the pilot will be required to meet with a representative of the Commission within 36 hours of such a marine casualty.

d. Motor Vehicle License Suspension or Revocation

Any pilot licensed by this Commission must report, in writing and within 5 days, to the Commission the details of any charges filed against the pilot that may lead to suspension or revocation of a motor vehicle license, including, but not limited to, operating a motor vehicle under the influence of alcohol or narcotics.

e. Federal License Suspension or Revocation

Any pilot licensed by this Commission must report to the Commission the details of any complaint filed against the pilot, in writing and within 5 days of receipt of such complaint. Said pilot must surrender the state license immediately upon notification of the suspension or revocation of the federal license.

8. Trip Log Slip

Each pilot shall keep and maintain a trip log slip for each transit of a vessel piloted. This slip shall include the following information: the date, general weather conditions, name of the vessel, name of the pilot, time and point of boarding or departing the pilot station, the vessel's dimensions and tonnages, draft of vessel during transit, and the time when passing prominent aids to navigation along the route. Each transit shall have its own log slip. The Commission may call for these slips for review. Trip slips shall be maintained and accessible for five (5) years.

9 Development of Best Management Practices

The Commission may adopt Best Management Practices (BMP) for each Pilotage Area. These BMP's will identify the key concerns of pilotage within each area and provide a set of parameters under which vessels can be safely brought into an area.

PART C. COMPLAINTS, INVESTIGATIONS & DISCIPLINARY ACTION

1. Purpose

The provisions of this Subsection are remedial in nature. Said provisions are intended to assist in maintaining standards for competence and conduct which are essential to provide maximum safety from the dangers of navigation for vessels entering or leaving the waters regulated by the Commission. Said provisions are not penal in nature and are not intended to be used by pilots in order to gain an unfair competitive advantage.

2. Grounds for Disciplinary Action

The following shall constitute grounds for disciplinary action.

a. Any violation of the provisions of 35 M.R.S. §§ 85 et seq.

b. Any violation of these rules and regulations including all laws, rules and regulations incorporated by reference herein.

c. Misconduct, Incompetence or Negligence in the performance of any Pilotage Duties.

d. Habitual intemperance in the use of alcohol or use of narcotic or hypnotic or other substances so as to be unfit to be entrusted with the charge of a vessel;

e. Mental or physical incapacity so as to be unfit to carry on the Pilotage Duties.

f. Providing materially false or misleading statements or omissions relating to any matter regulated by the Commission.

3. Complaints

Complaints shall be submitted to the Commission in writing, dated and signed. The Commission may also initiate investigations on its own motion.

The complaint must include the following.

a. The specific grounds for the complaint as set forth in Section 18 above.

b. The specific facts constituting the alleged act or offense.

c. The reason(s) for making the complaint.

The Commission will forward a copy of the complaint to the pilot(s) that are the subject of the complaint ("respondent(s)") within 10 days of receipt.

4. Investigation

a. Determination to Investigate. The Commission, through its Complaint Officer, will determine whether the complaint, if accepted as true, is a matter within its jurisdiction and warrants investigation. If the Complaint Officer determines an investigation is not warranted, the Complaint Officer will make a recommendation not to investigate and to dismiss the complaint. Such recommendation must include the reason(s) therefor. The Commission will consider such recommendation and determine whether or not to investigate.

b. Initial Investigation. If the Complaint Officer or the Commission determines that an investigation is warranted, the Complaint Officer will conduct an initial investigation sufficient to determine whether there exist reasonable grounds to support a formal hearing. Such investigation shall include an opportunity of the subject pilot(s) to respond to the complaint.

During such initial investigation, the Complaint Officer may negotiate, but not execute, consent agreements that effectively address the issues raised in the complaint through such measures as voluntary surrender of a license or endorsements, operational changes, equipment changes, and additional education and training.

c. Complaint Officer’s Recommendation. Upon conclusion of the initial investigation, the Complaint Officer will recommend to the full Commission that it: (1) dismiss the complaint because there are no reasonable grounds for the complaint, (2) execute a consent agreement, (3) proceed on the complaint and to schedule a hearing on the matter, or (4) take such other affirmative action as will effectively address the issues raised in the complaint.

The Commission will consider such recommendation and determine how to proceed. If the decision is to proceed to hearing, at this time, and not before, a complaint number will be assigned, a hearing will be scheduled, and the matter will be placed on a Commission agenda.

d. Continuing Investigation. At any time before any decision is rendered by the Commission on the complaint, the Commission may conduct such additional investigation as is necessary or convenient to fully evaluate the matter.

e. Subpoenas. The Commission may issue subpoenas to compel the attendance and testimony of witnesses and the production of evidence relating to any material issue in accordance with Maine Administrative Procedure Act , 5 M.R.S. §9060.

5. Hearing

The respondent(s) shall be provided at least 30 days written notice of the hearing as provided by Maine Administrative Procedure Act , 5 M.R.S. §§ 9051 et seq . The notice shall specify the nature and substance of such complaint and shall be served personally or by certified mail addressed to such pilot at his last and usual place of abode.

All hearings shall be adjudicatory proceedings held in accordance with the Maine Administrative Procedure Act , 5 M.R.S. §§ 9051 et seq.

6. Confidentiality Pending Investigation

a. During the pendency of an investigation, all complaints and investigative records of the Commission shall be confidential. The Commission and all pilot complainants shall not knowingly disclose or cause to be disclosed any information contained in or relating to the subject matter of the complaint to any person except the members of the Commission or the Commission Administrator. Those records shall become public records upon the conclusion of the investigation unless confidentiality is required by some other provision of law.

For purposes of this Section, an investigation is concluded when:

(1) A notice of an adjudicatory hearing under 5 M.R.S. §§ 9051 et seq. has been issued;

(2) The complaint has been listed on a meeting agenda of the Commission;

(3) A consent agreement has been executed; or

(4) A letter of dismissal has been issued or the investigation has otherwise been closed.

b. Exceptions. Notwithstanding Subsection 22(a) above, during the pendency of an investigation, a complaint or investigative record may be disclosed for any of the reasons contained in 38 M.R.S. §100-A(2).

c. Violation. Any person who knowingly or intentionally makes a disclosure in violation of this Section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged.

7. Decision

After hearing, the Commission may take any action allowed by law that is necessary to address the issues raised in the complaint including requiring additional education, training, experience, and/or suspension or revocation of licenses. Such decision shall be written and otherwise in compliance with Maine Administrative Procedure Act , 5 M.R.S. §§ 9051 et seq . The decision shall be the final agency action of the Commission.

8. Appeal

In order to appeal, any person aggrieved by a decision of the Commission with respect to any disciplinary action or any application for, or denial of, a pilot's license must appeal to the Superior Court, Kennebec County, in accordance with the Maine Administrative Procedure Act and Rule 80C of the Maine Rules of Civil Procedure .

PART D. GENERAL PROVISIONS

1. Access to Records

All records of all pilotage associations as well as any individual pilot shall be made available to the Commission upon written request. Such requests shall indicate the reason(s) why the records are sought. An individual pilot or pilot association shall comply with this request within fourteen (14) days.

2. Requirements of Other Government Agencies

All persons subject to these rules shall be responsible to the Commission for complying with all applicable state and federal laws, rules, and regulations.

History

• STATUTORY AUTHORITY: 38 MRS §90
• EFFECTIVE DATE: February 11, 1986
• EFFECTIVE DATE: MOVED FROM THE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION (02) TO THE OF THE DEPARTMENT OF TRANSPORTATION (17):
• EFFECTIVE DATE: May 28, 1999
• NON-SUBSTANTIVE CORRECTIONS: June 1, 2000 - Web and LAN versions corrected and moved
• AMENDED: December 16, 2000 – filing 2000-521
• NON-SUBSTANTIVE CORRECTIONS: January 1, 2001 - indention in §24
• AMENDED: January 23, 2007 – filing 2007-9
• AMENDED: July 27, 2009 – filing 2009-369
• AMENDED: January 10, 2015 – filing 2015-001
• AMENDED: August 10, 2020 – filing 2020-177
• AMENDED: APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 19, 2025

Chapter 2 Pilotage Rates

Code Me. R. 17-387 Ch. 2 Pilotage Rates {#sec-17-387-ch.-2 omnilex-key=us-me-regs-official--dept-transportation--17-387 Ch. 2}

1. Definitions

The following definitions apply to this chapter.

Launch: A launch is considered a pilot conveyance to or from a ship in the event a pilot boat is unavailable.

Shift: Shifting is considered the pilotage required to move a ship from one port berth (or anchorage) to another.

2. Rates

The following approved rates take effect October 1, 2024 (unless otherwise noted). All rates are in U.S. dollars.

a. Arrivals

(1) Pilots do not maintain a pilot boat on station. The pilot service depends

directly on ships’ ETA.

(2) If a pilot is ordered to a pilot station and said vessel is diverted, then the

pilot is entitled to receive one half of the pilot rate applicable to the vessel.

(3) When vessels owners, charterers, or agents do not correct their ETA within 4

hours of their last ETA given, compensation in the amount of $300.00 per

hour shall be charged and applies starting at the last provided ETA until the actual arrival time of the vessel at the pilot station - not to exceed $900.00 for any one day.

b. Calculation of Rates

Unless otherwise stated, the rates for all regions are based on the following formula:

Length Overall x Moulded Breadth x Moulded Depth / 10,000 (all

measurements are in feet).

LOA x B x D = Pilot Units

10,000

Vessel measurements will be based on the data listed in the most recent

statutory certificates as issued by the flag state.

c. Pilot Standing By or Lay Time

(1) Pilots put on stand-by for a ship’s sailing shall be available on 3 hours notice.

(2) If a pilot reports to a vessel and the said vessel does not sail within 2 hours of its posted time, the pilot shall receive $300.00 per hour for standing by.

d. Pilot Carried to Sea

Detention rate: $900.00 per day plus actual expenses for first class air transportation back to pilot’s choice of Bangor, or Portland, ME, USA.

f. Courtesy Pilotage

It is the position of the Maine Pilotage Commission that any pilot licensed by this Commission may provide services, in an area where duly licensed, without charge, solely at the pilot’s discretion, if:

the vessel is a public vessel engaged in educational activities; or

the vessel is otherwise exempted from state pilotage requirements by federal guidelines.

g. Responsibility for Payment

The agent is considered as acting for the consignee and or the operators of the vessel and shall be responsible for pilotage fees.

3. Regional Pilot Rates

a. Kennebec River & Sheepscot River

Calculation of Rates

Length Overall x Extreme Breadth x Moulded Depth / 10,000 (all measurements are in feet).

LOA x B x D = Pilot Units

10,000

Vessel measurements will be based on the data listed in the most recent

edition of classification society records.

Pilot Units

The pilot unit depth in this area is to include protrusions beneath the base

line, thus reflecting the navigational hazard presented by such protrusions.

Rate Calculation

Effective

October 1, 2024

Effective

January 1, 2025

Per pilot unit (each way)

$15.14

$15.14

(3) Special Notes and Charges

(i) Minimum of 150 pilot units each way.

It is recommended that transits into or out of these areas only be initiated during daylight hours and with at least ½ mile visibility.

(iii) If visibility drops below ½ mile during transit it is the pilot’s discretion on whether to continue or drop anchor.

(iv) In the Sheepscot River, pilotage is restricted to daytime only.

(4) Pilot Boats and Launches

Launch hire (if needed) is charged at $400.00 each way.

b. Frenchman Bay, Boothbay Harbor, Rockland Harbor, Camden Harbor, Somes Sound/Eastern Way and Blue Hill Bay.

Pilot Units

Rate Calculation

Effective

$14.00 per pilot unit; minimum 200 pilot units (each way)

October 1, 2024

$15.00 per pilot unit; minimum 250 pilot units (each way)

January 1, 2025

Special Notes and Charges

An hourly rate of $575/hour will be assessed for keeping a pilot aboard while not engaged in the expedient transit of a route.

A Training, Technology and Capital Construction Fee of $300 will be assessed to each vessel upon arrival only (effective October 1, 2024).

In Blue Hill Bay and Eastern Way/Somes Sound, pilotage is restricted to daytime only.

Shifting Rates

For shifting within the above-named Pilotage Zones: 50% of the inbound rate.

c. Penobscot Bay (Including Searsport, Belfast, Castine)

Pilot Units

Rate Calculation

Effective

October 1, 2024

Effective

January 1, 2025

First 100 pilot units (each way)

$3066

$3158

plus per pilot unit above 100 (each way)

$7.06

$7.27

Special Notes and Charges

A Training, Technology and Capital Construction Fee of $300 will be assessed to each vessel upon arrival only (effective October 1, 2024).

All rates include docking/undocking, whether day or night, and all pilot boat hire at the pilot station.

An hourly rate of $575/hr. will be assessed for keeping a pilot aboard while not engaged in the direct transit to an intended destination based on the pilot’s opinion.

Docking/Undocking without a tug or a working bow thruster - rate plus 10%.

If vessel anchors for greater than 2 hours, additional boat hire may be incurred.

For tug and barge combinations, the length over all (LOA) shall be the combined length of the tug and barge when configured for pushing ahead; the moulded breadth (B) and moulded depth (D) shall be that of the barge.

Shifting Rates

Between docks at Searsport or between Searsport docks and Searsport Anchorage: 40% of the Penobscot Bay Rate for each movement.

Between Searsport and Bucksport: 70% of the Penobscot Bay Rate.

Between Searsport and Winterport, Bangor, or Brewer: 100% of the Penobscot Bay Rate from Sea to Searsport.

Between Bucksport and either Bangor or Brewer, 70% of the Penobscot Bay Rate.

d. Penobscot River Direct from Sea (Bucksport)

Pilot Units

Rate Calculation

Effective

October 1, 2024

Effective

January 1, 2025

First 100 pilot units (each way)

$5212

$5369

plus per pilot unit above 100 (each way)

$12.00

$12.36

Special Notes, Charges and Rates (Penobscot Bay and River Areas)

A Training, Technology and Capital Construction Fee of $300 will be assessed to each vessel upon arrival only (effective October 1, 2024).

Docking/Undocking without a tug or a working bow thruster - rate plus 10%.

If vessel anchors for greater than 2 hours, additional boat hire may be incurred.

All rates include docking/undocking, whether day or night, and all pilot boat hire at the Sea Station.

For tug and barge combinations, the length over all (LOA) shall be the combined length of the tug and barge when configured for pushing ahead; the moulded breadth (B) and moulded depth (D) shall be that of the barge.

(4) Shifting Rates

Between Bucksport and either Bangor or Brewer: 70% of the Penobscot Bay Rate.

Between Searsport and Bucksport: 70% of the Penobscot Bay Rate.

e. Penobscot River Direct from Sea (Winterport, Bangor, & Brewer)

Pilot Units

Rate Calculation

Effective

October 1, 2024

Effective

January 1, 2025

First 100 pilot units (each way)

$6132

$6316

plus per pilot unit above 100 (each way)

$14.12

$14.54

(2) Special Notes, Charges and Rates (Penobscot Bay and River Areas)

A Training, Technology and Capital Construction Fee of $300 will be assessed to each vessel upon arrival only (effective October 1, 2024).

Docking/Undocking without a tug or a working bow thruster - rate plus 10%.

If vessel anchors for greater than 2 hours, additional boat hire may be incurred.

All rates include docking/undocking, whether day or night, and all pilot boat hire at the Sea Station.

For tug and barge combinations, the length over all (LOA) shall be the combined length of the tug and barge when configured for pushing ahead; the moulded breadth (B) and moulded depth (D) shall be that of the barge.

(3) Shifting Rates

Between Searsport and Winterport, Bangor, or Brewer, 100% of the Penobscot Bay Rate from Sea to Searsport.

Between Bucksport and either Bangor or Brewer: 70% of the Penobscot Bay Rate.

f. Bar Harbor to Yarmouth, NS Ferry

(1) Calculation of Rates

The rate for a United States flag, United States crewed fast ferry less than 9,000 Gross Tons on regularly scheduled service between Bar Harbor, ME and Yarmouth, NS shall be per the table contained in paragraph (2) below.

(2) Pilot Units

Rate Calculation

Effective

$8.75 per pilot unit; minimum 141 pilot units (each way)

October 1, 2024

$9.00 per pilot unit; minimum 141 pilot units (each way)

January 1, 2025

(3) Special Notes and Charges

A Training, Technology and Capital Construction Fee of $300 will be assessed to each vessel upon arrival only (effective October 1, 2024).

g. Eastport (Including Passamaquoddy and Cobscook Bays)

(1) Calculation of Rates

Length Overall x Extreme Breadth x Moulded Depth / 10,000 (all

measurements are in feet).

LOA x B x D = Pilot Units

10,000

Vessel measurements will be based on the data listed in the most recent

edition of classification society records.

(2) Pilot Units

Rate Calculation

Effective

October 1, 2024

Effective

January 1, 2025

Per pilot unit (each way)

$9.50

$9.50

(3) Special Notes and Charges

Berthing: Minimum of 150 pilot units each way.

Vessel shifting charged at 75 pilot units per move.

Berthing rates include docking/undocking, whether day or night.

(4) Pilot Boats and Launches

Pilot boat hire will be charged at $750.00 each way.

Launch Hire (taking pilot to/from an anchored vessel) will be charged at $300.00 each way.

History

• STATUTORY AUTHORITY: 38 M.R.S.A. § 90 (1) (B)
• EFFECTIVE DATE: September 29, 2024 – filing 2024-219

Chapter 3 Pilotage Rates for Portland Harbor

Code Me. R. 17-387 Ch. 3 Pilotage Rates for Portland Harbor {#sec-17-387-ch.-3 omnilex-key=us-me-regs-official--dept-transportation--17-387 Ch. 3}

SUMMARY: This rule describes the rates for pilotage in Portland Harbor.

Definitions

The following definitions apply to this chapter.

Launch: A launch is considered a pilot conveyance to or from a ship in the event a pilot boat is unavailable.

Shift: Shifting is considered the pilotage required to move a ship from one port berth (or anchorage) to another.

Length Overall is the distance between the forward and after extremities of the vessel.

Extreme Breadth is the maximum breadth of the vessel including overhanging structures.

Moulded Depth is the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, and which extends to the sides of the vessel. The continuity of a deck shall not be considered to be affected by the existence of tonnage openings, engine spaces, or a step in the deck.

Rates

The following approved rates take effect upon the effective date of this Chapter. All rates are in U.S. dollars. Pilots do not maintain a pilot boat on station. The pilot service depends directly on ships’ ETA.

Portland Harbor – Defined from the position of Portland Lighted Horn Buoy “Papa” to Halfway Rock Lighthouse to Naval Fuel Depot Harpswell Neck via Broad Sound or Luckse Sound; to Cousins Island via Hussey Sound entrance, channels & anchorages; to Rolling Mills, including entrances, channels and anchorages in Portland Harbor; thence to Cape Elizabeth Lt; thence to Old Anthony Rock and West Hue and Cry Rock to point of beginning at the position of Portland Lighted Horn Buoy “Papa”.

Calculation of Rates

Length Overall x Extreme Breadth x Moulded Depth / 10,000 (all measurements are in feet).

LOA x B x D = Pilot Units

10,000

Vessel measurements will be based on the data listed in the most recent edition of classification society records.

Pilot Units

Rate Calculation

Effective

August 29, 2024

Chapter 3 Rate

Per pilot unit (each way)

$14.59

$16.16

Special Notes and Charges

(i) Minimum of 150 pilot units each way, in addition to capital construction fees, and any applicable special charges and rates.

Maximum of 790 pilot units each way, in addition to capital construction fee, and any applicable special charges and rates.

Assist the Master in docking and undocking without the assistance of tugboats; 12.5% of the base pilotage rate (Pilot units x pilot unit rate), minimum fee of $350.

Pilot services for movement of vessels from Cousins Island and Hussey Sound to Portland Harbor or Portland Harbor to Cousins Island and Hussey Sound: 100% of regular rate.

Standing by with Pilot Boat per hour: $400.00

Vessels of 150 Pilot Units or less requiring Pilot services in excess of two and a half hours shall incur a surcharge of $400.00

Pilot carried away to Sea. Detention Rate: $1,000.00 per day plus all expenses incurred during and including return to Portland, Maine.

Vessels which require or otherwise request a second pilot, also known as an “Assist Pilot”: 50% of the base pilot unit rate.

Cancellation fees will be assessed:

• • • 1. For arrivals cancelled with four hours’ notice or less, $400. 2. For departures cancelled without two hours’ notice, $400. 3. While piloting with pilot onboard and engaged in piloting for less than 1 hour, 25% of prescribed rate. 4. While piloting with pilot onboard and engaged in piloting for more than 1 hour, 100% of prescribed rate.

The vessel agent is considered as acting for the consignee and/or the vessel operator and shall be responsible for pilotage fees. In cases where the vessel does not utilize agents, the vessel’s owner, operator, or other designee is responsible for payment for accounts past due.

A 1.5% per month finance charge will be added to accounts past due by 30 days.

Courtesy Pilotage may occur when a pilot licensed by this Commission provides services in an area where duly licensed, without charge, solely at the pilot’s discretion, if:

• • • 1. The vessel is a public vessel engaged in educational activities; or 2. The vessel is otherwise exempted from state pilotage requirements by federal guidelines.

Shifting Rates

Shifts (utilizing the safest, most direct route at the pilot’s discretion) between inner Anchorage’s A and B, between Anchorage’s A and B and berths within Portland or South Portland and vice versa, and between berths within South Portland and Portland; 50% of the base pilotage rate (Pilot units x pilot unit rate)

Capital Construction Fund

Any vessel inbound transit from sea, $300.

Any vessel outbound transit to sea, $300.

Any vessel shifts from Portland Harbor to Hussey Sound, $300.

Any vessel shifts from Hussey Sound to Portland Harbor, $300.

History

• STATUTORY AUTHORITY
• 38 M.R.S. §§ 86-A(3) and 90(1)(A) & (B)
• EFFECTIVE DATE (NEW): July 6, 2026 – filing 2026-153