Maine Statute | Act | Code |Title 23. Highways| US Code - US Statute | Chapter 13. Construction, Maintenance And Repairs

Title 23 - §1001. Maintenance and snow removal on state highways

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1001. Maintenance and snow removal on state highways

Improved state highways shall be continually maintained, and the snow removed from such sections of designated state highways as the department may determine, under the direction and control of the department at the expense of the State. [1971, c. 593, §22 (amd).] div>
The snow removal work shall include the plowing of these highways, the erection, maintenance, dismantling and rental of snow fences, and the sanding of icy road surfaces. It shall not include loading and hauling snow from any compact section. The State shall not be liable for accidents while the road surface is covered with snow and ice. div>
To carry out the preceding paragraph the department is authorized to hire equipment, preferably town owned, arrange contracts and erect or hire buildings for storage purposes. Purchases of necessary equipment or materials shall be made as provided in section 52. [1971, c. 593, §22 (amd).] div>
The maintenance provisions of this section and sections 705, 751, 1003 and 1005-A do not apply to compact areas of urban compact municipalities as defined in section 754. [1999, c. 473, Pt. C, §5 (rpr).]

Section History:
PL 1967,
Ch. 468,
§ (AMD).
PL 1971,
Ch. 509,
§ (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C10 (AMD).
PL 1981,
Ch. 588,
§2 (AMD).
PL 1999,
Ch. 473,
§C5 (AMD).
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1002. Winter routes cleared of snow (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1002. Winter routes cleared of snow (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1977,
Ch. 363,
§1 (AMD).
PL 1981,
Ch. 492,
§C11 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1003. Towns to keep routes clear of snow; sanding

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1003. Towns to keep routes clear of snow; sanding

Towns shall keep state aid highways cleared of snow during the winter season or such part of the year as the department may direct, so that they may be reasonably usable by motor vehicles. Snow on such state aid highways shall be removed to the outside edges of the shoulders of the road, and in a manner satisfactory to the department whose judgment shall be final. The towns shall sand the state aid highways to the satisfaction of the department, and in case the towns fail to sand the highways to the satisfaction of the department, the department shall be authorized to make arrangements for the proper sanding and the cost of such sanding done by the department shall be paid by the towns. [1981, c. 492, Pt. C, § 12 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1977,
Ch. 363,
§2 (AMD).
PL 1981,
Ch. 492,
§C12 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1004. Towns authorized to raise money

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1004. Towns authorized to raise money

To carry into effect section 1003, towns are authorized to raise and appropriate money therefor. [1981, c. 492, Pt. C, § 13 (amd).]

Section History:
PL 1981,
Ch. 492,
§C13 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1005-A. Accidents; snow fences; appeals

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1005-A. Accidents; snow fences; appeals

1. Accidents. The State or the town shall not be liable for accidents while the road surface is covered with snow or ice. [1981, c. 492, Pt. C, § 15 (new).]

2. Snow fences. The Department of Transportation, the county commissioners or the municipal officers of any city or town may provide snow guards or snow fences along any state highways, state aid highways or town ways for the prevention of snow from encumbering the highways or town ways. The officials may erect snow guards or fences upon private property adjacent to highways or town ways. If they do not agree with the owner of the property with relation to the location of the guards or fences, the compensation to be paid to the owner or the time the guards or fences shall be maintained, the officials, before erecting the snow guards or snow fences upon the private property, shall give written notice of their intentions, to be posted for 7 days in 2 public places in the city or town in the vicinity of the location proposed for the erection of the guards or fences, describing the location and the time intended for the maintenance of the snow guards or fences, with such definiteness that the location may be understood readily. Within 5 days after a hearing thereon, the officials shall make a written return of their proceedings and findings to the registry of deeds in the county in which the location is situated, provided that they have therein decreed that any such snow guards or snow fences shall be maintained thereon permanently, or to the clerk of the city or town in which the location is situated, provided that they have therein decreed that the snow guards or snow fences shall be maintained during the winter season only for which they propose to erect them. In return, they shall state the amount of damages awarded the owner and the amount shall be paid within 30 days after return, by the State, city or town whose officials have authorized the construction or erection of the guards or fences. In case the owner of the property is aggrieved with the award of damages so made, or with any part of the decrees, within 30 days after the filing of the return, he may take an appeal therefrom by filing, in the Superior Court in the county where the guard or fence is located, a complaint requesting a new award or assessment of damages, and the court, after ordering such notice as it sees fit, shall thereupon determine the amount of damages sustained by the owners. The court may make any other change in the decree deemed proper. An appeal to the Superior Court vacates the original award. If the officials determine that the fences are to remain for the winter season only, and not permanently, then the fences shall be erected not before the 15th day of November nor remain occupying private property later than the next April 1st. Particular regard shall be exercised in the location of the fences so that the owners of private property shall be incommoded, as to view and otherwise, to as small a degree as possible. [1981, c. 492, Pt. C, § 15 (new).]

Section History:
PL 1981,
Ch. 492,
§C15 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1005. Reimbursement of towns; snow fences; appeals (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1005. Reimbursement of towns; snow fences; appeals (REPEALED)

Section History:
PL 1967,
Ch. 438,
§1 (AMD).
PL 1969,
Ch. 54,
§ (AMD).
PL 1969,
Ch. 490,
§1 (AMD).
PL 1969,
Ch. 590,
§35 (AMD).
PL 1971,
Ch. 515,
§ (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1973,
Ch. 583,
§ (AMD).
P&SL 1975,
Ch. 78,
§21 (AMD).
PL 1975,
Ch. 620,
§2,2-A (AMD).
PL 1977,
Ch. 174,
§1,2 (AMD).
PL 1977,
Ch. 405,
§1,2 (AMD).
PL 1979,
Ch. 510,
§1 (AMD).
PL 1979,
Ch. 541,
§A159,A160 (AMD).
PL 1981,
Ch. 492,
§C14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1006. Discontinuance on certain highways (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1006. Discontinuance on certain highways (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C16 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1007. Roads kept open by State; expense deducted from moneys due town

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1007. Roads kept open by State; expense deducted from moneys due town

When any town, in the judgment of the Department of Transportation, unreasonably fails to either raise, appropriate or pay the cost of snow removal, or without cause fails to keep open any state or state aid highway as required in section 1001 or 1003, the department shall cause the highway to be kept open at the expense of the State. The Treasurer of State may withhold a sufficient amount from any funds due or to become due the town, to cover the payment in whole of the expense of the snow removal, and the amount collected shall be added to the State Highway Maintenance Account. [1981, c. 492, Pt. C, § 17 (rpr).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C17 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1008. Failure of town to pay share of snow removal (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1008. Failure of town to pay share of snow removal (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C18 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1009. Towns not reimbursed in compact or built-up sections (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1009. Towns not reimbursed in compact or built-up sections (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C18 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1010. Rental price for snow removal equipment; reimbursement

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1010. Rental price for snow removal equipment; reimbursement

The department each season shall make a rental price per hour for all snow removal motor equipment which shall be approved by it as being adequate and economical for this work. All contracts with the towns, either by the mile or otherwise, shall be subject to the approval of the department. Reimbursement on this work shall be made for use of motor driven equipment only. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1011. Ways acceptable for snow removal (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1011. Ways acceptable for snow removal (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C18 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1012. Towns not relieved from obligations relating to snow blockade

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 7: SNOW REMOVAL

§1012. Towns not relieved from obligations relating to snow blockade

No town in which a state or state aid highway lies shall be relieved from any obligations of statute relating to ways blocked or encumbered with snow, anything to the contrary in chapters 1 to 19 notwithstanding.
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1051. Part of state highway system (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 8: INDIAN ISLAND AND TOWNSHIP

§1051. Part of state highway system (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1973,
Ch. 277,
§1 (AMD).
PL 1975,
Ch. 613,
§1 (AMD).
PL 1979,
Ch. 732,
§19,31 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1052. Maintenance of roads and bridges (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 8: INDIAN ISLAND AND TOWNSHIP

§1052. Maintenance of roads and bridges (REPEALED)

Section History:
PL 1979,
Ch. 732,
§19,31 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1053. Fund available (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 8: INDIAN ISLAND AND TOWNSHIP

§1053. Fund available (REPEALED)

Section History:
PL 1979,
Ch. 732,
§19,31 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1101. Appropriations by towns (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1101. Appropriations by towns (REPEALED)

Section History:
PL 1967,
Ch. 438,
§2 (AMD).
PL 1967,
Ch. 544,
§114 (AMD).
P&SL 1975,
Ch. 78,
§21 (AMD).
PL 1975,
Ch. 620,
§3 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1102. Apportionment to each town (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1102. Apportionment to each town (REPEALED)

Section History:
PL 1967,
Ch. 438,
§3 (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
P&SL 1975,
Ch. 78,
§21 (AMD).
PL 1975,
Ch. 620,
§4,4-A (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1103. Increase in aid (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1103. Increase in aid (REPEALED)

Section History:
PL 1969,
Ch. 492,
§ (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1973,
Ch. 581,
§1,3 (AMD).
PL 1973,
Ch. 595,
§2 (AMD).
PL 1977,
Ch. 112,
§1 (AMD).
PL 1977,
Ch. 405,
§3 (RPR).
PL 1977,
Ch. 688,
§3 (AMD).
PL 1977,
Ch. 696,
§193 (RPR).
PL 1979,
Ch. 127,
§151,152 (AMD).
PL 1979,
Ch. 738,
§1 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1104. Matching funds (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1104. Matching funds (REPEALED)

Section History:
PL 1967,
Ch. 439,
§1,2 (AMD).
PL 1969,
Ch. 495,
§ (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1973,
Ch. 526,
§ (AMD).
PL 1973,
Ch. 595,
§3 (AMD).
PL 1973,
Ch. 788,
§103 (AMD).
PL 1977,
Ch. 405,
§4 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1105. Pro rata reduction of fund (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1105. Pro rata reduction of fund (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1106. Towns pay share of joint fund to State Treasurer; exception (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1106. Towns pay share of joint fund to State Treasurer; exception (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1107. Application of joint fund to state highways (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1107. Application of joint fund to state highways (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1108. Use of joint fund with Town Road Improvement Fund (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1108. Use of joint fund with Town Road Improvement Fund (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 745,
§2 (AMD).
PL 1977,
Ch. 405,
§5 (RPR).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1109. Location of improvements from year to year; effect on state aid (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 9: STATE AID

§1109. Location of improvements from year to year; effect on state aid (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1977,
Ch. 405,
§6 (AMD).
PL 1981,
Ch. 492,
§C20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1111. Perambulation

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1111. Perambulation

The boundary line between the State of New Hampshire and the State of Maine, as established and marked in 1927, 1928 and 1929, under the public laws of 1927, chapter 21, shall be perambulated once in 7 years forever and the line marked and bounds renewed whenever necessary. The Governor shall appoint a surveyor from the Department of Transportation who shall, in conjunction with a duly authorized representative of the State of New Hampshire, perambulate the boundary line from Bryant's Rock at East Pond to the Canadian Line. [1977, c. 696, § 194 (reen).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 771,
§253 (AMD).
PL 1977,
Ch. 604,
§5 (RP ).
PL 1977,
Ch. 696,
§194 (REN).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1112. Notice

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1112. Notice

The Governor shall authorize the Department of Transportation to notify and make such arrangements with the proper authorities of the State of New Hampshire as may be necessary to carry out this subchapter. [1975, c. 771, § 254 (amd).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 771,
§254 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1113. Return

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1113. Return

A return of the perambulation shall be made, describing the marks and monuments of such line and particularly describing any change of location or resetting of any monument as authorized in this subchapter, and such return shall be signed by the duly authorized representatives of both states and a copy filed with the Secretary of State. [1969, c. 504, § 39 (new).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1114. Preservation of existing monuments

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1114. Preservation of existing monuments

No person shall willfully or maliciously disturb or injure, or, except as otherwise provided in this subchapter, remove, obliterate, deface or cover up any monument or mark designating this boundary line of the State. Any persons desirous of removing and replacing any such monument or mark may apply in writing to the Department of Transportation, who may grant permission therefor under its supervision, first making provision for preserving the exact location of the original boundary or mark, and giving notice to the State of New Hampshire of the time and place at which proposed action is to be taken. The monument shall be reset in the identical location from which it was removed or at a convenient distance therefrom upon the boundary line. A full description of any change in such monument or mark, signed by the representatives of both states, shall be recorded with the Secretary of State. [1971, c. 593, § 22 (amd).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
PL 1971,
Ch. 593,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 23 - §1115. Penalty

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1115. Penalty

Any person violating section 1114 shall be punished by a fine of not more than $50, or by imprisonment for not more than 6 months, or by both. [1969, c. 504, § 39 (new).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 23 - §1116. No expenses to be incurred until enactment of similar legislation by State of New Hampshire

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1116. No expenses to be incurred until enactment of similar legislation by State of New Hampshire

No work shall be done or money expended under this subchapter until similar legislation has been enacted by the State of New Hampshire. [1969, c. 504, § 39 (new).]

Section History:
PL 1969,
Ch. 504,
§39 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §1117. Adopt-A-Highway Program

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 10: PERAMBULATION OF BOUNDARY LINE

§1117. Adopt-A-Highway Program

The Commissioner of Transportation shall adopt rules to establish the Adopt-A-Highway Program that permit business organizations and nonprofit community organizations to participate in litter control and beautification activities on all state highways and town ways. Notwithstanding any other provision of law, the rules adopted by the commissioner may permit the erection of signs to identify participating organizations, as long as the rules establish permissible dimensions for the sign. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. The State, municipalities, the Maine Turnpike Authority and their employees are not liable to any person for damages arising out of any activities resulting from an Adopt-A-Highway Program. [1999, c. 152, Pt. G, §1 (amd).]

Section History:
PL 1997,
Ch. 776,
§1 (NEW).
PL 1999,
Ch. 152,
§G1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §701. Establishment of systems; surveys

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§701. Establishment of systems; surveys

The department shall lay out, construct and maintain a system of state and state aid highways substantially as described in chapters 1 to 19. All persons employed by the department under chapters 1 to 19 are authorized to the extent necessary for surveys and preliminary engineering to enter and cross all lands within, adjoining and adjacent to the area to be surveyed. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §702. Specifications (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§702. Specifications (REPEALED)

Section History:
PL 1981,
Ch. 492,
§C4 (RP ).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §703-A. Access roads to bridges of historic significance

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§703-A. Access roads to bridges of historic significance

1. Petition. The town officers of one or more towns or the county commissioners, if they are acting in the capacity of town officers, may petition the department for the reconstruction or rehabilitation of a town way that serves as an access road to a bridge designated pursuant to section 603 as a bridge of historic significance. The department shall hold a public hearing on the proposal. If the department decides reconstruction or rehabilitation of the road is warranted, it may arrange for reconstruction or rehabilitation under the following conditions.

A. The cost of reconstruction or rehabilitation must be paid 75% from the Highway Fund, subject to available funds, and 25% from the town, towns, county or counties involved. [1997, c. 547, §1 (new).]

B. The department has the responsibility for the supervision of the reconstruction or rehabilitation of the road. [1997, c. 547, §1 (new).]

C. No such road may be reconstructed or rehabilitated until the town, towns, county or counties involved have appropriated or raised, by taxation or otherwise, a sum sufficient to pay to the State its proportionate share of the cost of the reconstruction or rehabilitation under this section. [1997, c. 547, §1 (new).]

D. Upon completion of the reconstruction or rehabilitation, the town, towns, county or counties in which the section of the town way is located shall assume the responsibility for maintaining the road. [1997, c. 547, §1 (new).]

For the purposes of this section, "town" means any unit of local government, including municipalities, towns, cities, plantations and unorganized townships. [1997, c. 547, §1 (new).]

Section History:
PL 1997,
Ch. 547,
§1 (NEW).
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Office of the Revisor of Statutes
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Title 23 - §703. Access roads to public ski areas, public industrial development areas and certain resources

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§703. Access roads to public ski areas, public industrial development areas and certain resources

If the municipal officers of one or more municipalities or the county commissioners, if they are acting in the capacity of municipal officers, and the owner or owners of a ski area open to the general public, the owner or owners of a public industrial development area or the owners of a resource of general, regional or state economic significance to the public jointly deem it necessary that a public or private road be constructed or reconstructed in the municipality or unorganized township represented by the municipal officers or county commissioners, they may jointly petition the department for the construction or reconstruction of such a road. Following a review of the petition, if the department deems it advisable to do so it shall arrange for a public hearing to be held for the purpose of allowing the petitioners and others interested in the proposed road or reconstructed road to be heard. Following the hearing, if the department decides construction or reconstruction of such a road is warranted and falls within the provisions of this section it may arrange for construction or reconstruction under the following conditions. [1985, c. 682 (rpr).]

1. Consent of owner. Such a road shall be constructed or reconstructed only with the consent of the owner or owners of the land over which the section of road will be constructed or reconstructed. In the case of existing private roads or construction of a new road, the owner or owners shall donate the required land, in accordance with the requirements of the department, to the municipality, municipalities, county or counties involved. Following donation of this land, these government entities shall lay out the road as a town or county way. [1985, c. 682 (rpr).]

2. Cost. The cost of construction or reconstruction shall be paid 50% from the Highway Fund, subject to available funds; 25% from the municipality and county if the road is located in whole or in part in unorganized township or townships; and 25% from the owner or owners of the ski area involved, the owner or owners of the industrial development area involved or the owners of a resource of general, regional or state economic significance to the public involved. Construction or reconstruction shall not be authorized by the department until the owner of the ski area, industrial development area or the owner or owners of an area containing a resource of general, regional or state economic significance to the public involved gives a bond to the State, approved by the department, to guarantee the payment of the ski owner's, industrial development owner's or the owner's or owners' of a resource of general, regional or state economic significance to the public, proportionate share and the municipality or county involved advises the department that its share of funds is available for construction or reconstruction of the access road. [1985, c. 682 (rpr).]

3. Supervision. The department has the responsibility for the supervision and construction or reconstruction of the road. [1985, c. 682 (rpr).]

4. Limitation. No more than 4 miles of access road in each township or municipality may be constructed or reconstructed under this section to serve any one ski area, industrial development area or area containing a resource of general, regional or state economic significance to the public. [1985, c. 682 (rpr).]

5. Prerequisite. Before the department authorizes the construction or reconstruction of the road, the department must determine that there has been expended in developing the facility of the ski area, industrial development area or area containing a resource of general, regional or state economic significance to the public, a minimum of $100,000 or that there are funds in the amount of at least $100,000 available to be expended in developing the facilities of the ski area, industrial development area or resource of general, regional or state economic significance to the public within a time to be established by the department. No such road may be constructed or reconstructed until the municipalities and counties that are involved have appropriated or raised, by taxation or otherwise, a sum sufficient to pay to the State their proportionate share of the cost of the access road constructed or reconstructed under this section. [1985, c. 682 (rpr).]

6. Maintenance. Upon completion of the sections of access road constructed or reconstructed under this section, the municipality or municipalities and county or counties in which the section of highway is located shall assume the responsibility for properly maintaining the road as a public highway. [1985, c. 682 (rpr).]

Section History:
PL 1965,
Ch. 388,
§1,2 (AMD).
PL 1965,
Ch. 513,
§43-A (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1977,
Ch. 688,
§2 (AMD).
PL 1981,
Ch. 456,
§A77 (AMD).
PL 1985,
Ch. 682,
§ (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §704-A. Traffic movement permit

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§704-A. Traffic movement permit

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

A. "Department" means the Department of Transportation. [1999, c. 468, §2 (new).]

A-1. "High-speed rural arterial highway" means an arterial highway as defined in section 704 that is not located in the urban compact area of an urban compact municipality as described in section 754 and where the posted speed limit at the time of the application for a traffic movement permit is 40 miles per hour or greater. [2003, c. 363, §1 (new).]

B. "Passenger car equivalents at peak hour" means the number of passenger cars or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger 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. For purposes of this paragraph, one tractor-trailer combination is the equivalent of 2 passenger cars. [1999, c. 468, §2 (new).]

C. "Project" includes any construction, alteration or conversion of a building, or any development of state or regional significance that may substantially affect the environment as defined in Title 38, section 482, subsection 2. [1999, c. 468, §2 (new).]

D. "Traffic demand management techniques" means measures taken to reduce or spread peak hour traffic over a longer period of time. Such measures include, but are not limited to, on-site facilities or on-site design considerations to support local, regional or state bicycle, pedestrian, passenger rail, transit and ride-sharing efforts or plans. The department may not require operational support of passenger transportation systems or require parking management strategies of the permit applicant. [2003, c. 363, §2 (new).]

[2003, c. 363, §§1, 2 (amd).]

2. Permit. A traffic movement permit must be obtained from the department for any project that generates 100 or more passenger car equivalents at peak hour. A person receiving a permit under this section is not required to obtain a permit pursuant to section 704.

A. For any project that generates 100 or more passenger car equivalents at peak hour, the person responsible for the project is required to make adequate provision for traffic movement of all types into and out of the project area. Before issuing a permit, the department shall determine that any traffic increase attributable to the proposed project will not result in unreasonable congestion or unsafe conditions on a road in the vicinity of the proposed project. [1999, c. 468, §2 (new).]

B. The department, together with the appropriate representative of the municipality or municipalities where the project is located, shall discuss with the applicant at a meeting, referred to in this paragraph as a "scoping meeting," the scope of impact evaluation required for the proposed project and the type of proceedings warranted. The applicant shall provide notice to abutting municipalities. If the department determines as a result of these communications that the applicant has demonstrated that the proposed project satisfies standards adopted for projects that generate 100 to 200 passenger car equivalents at peak hour and the department determines that there are no other significant traffic-related issues presented, the department may issue a permit to the applicant without further proceedings. The department shall adopt rules establishing the submission requirement for a scoping meeting. Those rules must, at a minimum, establish 2 submission standards: one for an expedited review without further proceedings and one for a preliminary review with further proceedings anticipated. The rules must also establish the level of professional certification required by any submission and may not impose undue professional liability on the applicant. [1999, c. 468, §2 (new).]

C. [2003, c. 363, §3 (rp).]

D. If a project 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 Title 30-A, chapter 187 and the project does not have an entrance or exit located on a high-speed rural arterial highway and the applicant for a traffic movement permit implements traffic demand management techniques recommended by the department, then the required improvements are limited:

(1) To those necessary to mitigate the impact of the project provided all safety standards are met, even if part or all of the traffic impact occurs outside the boundaries of the growth area; and

(2) To the entrances and exits of the project, if the project reuses previously developed land area and buildings with no more than a 10% increase in building footprint regardless of the extent of vertical development.
[2003, c. 363, §4 (rpr).]

E. Adequate provision for traffic movement may be provided through payment of funds pursuant to section 57-A. [1999, c. 468, §2 (new).]

F. Prior to issuing a traffic movement permit, the department must find that the applicant has right, title or interest to the property necessary to execute the traffic-related conditions of the permit, and that no inconsistent control of access provision exists with respect to access to the property. The department shall also advise the applicant that following issuance of the permit yet prior to construction of any improvements affecting the right-of-way of the department, the applicant must demonstrate through a developer agreement the financial, legal and technical ability to develop such improvements. [1999, c. 468, §2 (new).]

[2003, c. 363, §§3, 4 (amd).]

3. Exemptions. A permit is not required for any project reviewed under Title 38, section 1310-N, 1319-R or 1319-X. A permit is not required for any project exempt from review under Title 38, chapter 3, subchapter I, article 6 pursuant to Title 38, section 488, subsection 7 or subsection 18. [1999, c. 468, §2 (new).]

4. Registered municipalities. The department may register municipalities for issuing traffic movement permits under this section for projects generating 100 or 200 passenger car equivalents at peak hours upon finding that:

A. The municipality has in effect an ordinance or regulation for reviewing traffic movement permits that is consistent with the policy and purpose of this section; and [1999, c. 468, §2 (new).]

B. The ordinance or regulation is administrable and enforceable and will be properly administered and enforced. [1999, c. 468, §2 (new).]

Whenever any of the conditions set forth in this subsection are no longer being met, the department shall resume promptly the administration of reviewing traffic movement permits upon written notice to the municipality. Upon a determination by the department that there will be no adverse traffic impact in a municipality other than the municipality in which the project is located, the department may register any municipality for issuing traffic movement permits under this section for any project generating more than 200 passenger car equivalents at peak hour. The department may provide technical assistance to municipalities upon request for projects reviewed under this section. The department may review projects for registered municipalities if the local reviewing authority for the municipality in which the project is located petitions the department in writing. Any neighboring municipality affected by the project may petition the department in writing to review the project no later than 30 days after it has been approved by the local reviewing authority. [1999, c. 468, §2 (new).]

5. Reconsideration. Requests for reconsideration by the commissioner under this subsection must be made in accordance with this subsection. Nothing in this subsection may be construed to limit a person's lawful right to appeal a final agency action. If the department issues an order without a hearing, a person may request reconsideration by the department within 30 days after notice of the department's decision. This request must set forth, in detail, the findings and conclusions of the department to which that person objects, the basis of the 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 in the request. [1999, c. 468, §2 (new).]

6. Fees. The department shall assess fees for the issuance and processing of a permit under this section. Fees may not exceed $500 for issuance of a permit following a scoping meeting as described in section 704-A, subsection 2, paragraph B, with no further review. Fees may not exceed $2,000 for issuance of a permit requiring review beyond a scoping meeting. [1999, c. 468, §2 (new).]

7. Consolidation. If an applicant is required to obtain both a permit from the department pursuant to this section and a permit under the site location of development laws from the Department of Environmental Protection pursuant to Title 38, chapter 3, subchapter I, article 6, the applicant may either apply individually to each agency for the appropriate permit or request that the department and the Department of Environmental Protection provide a consolidated application process.

A. On the request of an applicant prior to the submission of applications for permits pursuant to this section and Title 38, chapter 3, subchapter I, article 6, the department and the Department of Environmental Protection shall provide a consolidated application process. As long as an application is not withdrawn, the process must result in a consolidated order issued by both the department and the Department of Environmental Protection, either approving or denying the applicable permits. Any necessary findings or conditions relevant to the individual permits must be separately identified in the order. All applicable fees and the longer of the applicable processing times apply. The processing period may be extended pursuant to Title 38, section 344-B, subsection 3 or if a hearing is required pursuant to subsection 5. [1999, c. 468, §2 (new).]

B. If an aggrieved party seeks an administrative appeal of a consolidated order, and there are issues relevant to both permits, the department and the Department of Environmental Protection shall provide a consolidated administrative appeal process. If there are issues relevant to only one permit, the relevant portion of the order may be appealed to the appropriate agency. [1999, c. 468, §2 (new).]

C. The department and the Department of Environmental Protection shall enter into a memorandum of agreement establishing procedures for coordination of the consolidated application process and the consolidated administrative appeal process by June 30, 1999. [1999, c. 468, §2 (new).]

This subsection does not apply to a project reviewed by a municipality under subsection 4 or Title 38, section 489-A. [1999, c. 468, §2 (new).]

8. Modification of existing permits. A permit issued under Title 38, chapter 3, subchapter I, article 6 prior to the effective date of this section may be modified by the department to address issues relating to traffic movement and adequate provision of roads. At the department's request, a person holding such a permit shall send a copy of the permit application to the department and to the Department of Environmental Protection. The department shall notify the Department of Environmental Protection of any substantive changes in the permit and shall provide that department with a copy of the final revised permit. [1999, c. 468, §2 (new).]

9. Rules. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A. [1999, c. 468, §2 (new).]

10. Violation. A violation of this section or the rules adopted pursuant to this section is punishable by a fine of not more than $100 per day per violation. The fine begins to accrue 30 days after the Department of Transportation sends notice of the violation to the landowner. The department shall establish procedures for administrative enforcement of this section, establishing fines and reconsideration and appeals of enforcement actions. [2003, c. 363, §5 (new).]

Section History:
PL 1999,
Ch. 468,
§2 (NEW).
PL 2003,
Ch. 363,
§1-5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §704. Entrances to highways regulated

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§704. Entrances to highways regulated

It is unlawful to construct or maintain any driveway, entrance or approach within the right-of-way of any state highway or state aid highway, as defined in section 53, that lies outside the compact area of an urban compact municipality, as defined in section 754, without a written permit from the Department of Transportation or, if within the compact area, without a written permit from the proper municipal officials. The right-of-way is considered the full width of the right-of-way as laid out by the State, the county or the municipality. [1999, c. 676, §1 (rpr).]

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

A. "Arterial highway" means 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). [1999, c. 676, §1 (new).]

B. "Forest management activities" includes 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. [1999, c. 676, §1 (new).]

C. "Forest management roads" includes 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. [1999, c. 676, §1 (new).]

[1999, c. 676, §1 (new).]

2. State highways and state aid highways. The Department of Transportation is directed and municipalities are authorized to adopt rules and regulations for the design, location and construction of driveways, entrances and approaches on state highways and state aid highways to adequately protect and promote the safety of the traveling public and maintain highway right-of-way drainage. [1999, c. 676, §1 (new).]

3. Arterial highways. For arterial highways that lie outside the compact area of an urban compact municipality, the Department of Transportation shall limit the number, spacing, design, location and construction of driveways, entrances or approaches to promote the maintenance of existing posted speeds and ensure safe travel. [2003, c. 571, §1 (amd).]

4. Unsafe arterial highways. For those arterial highway corridors with driveway-related crash-per-mile rates that exceed the 1999 statewide average for arterial highways of the same posted speed limit, the permit applicant must avoid, minimize or mitigate any deterioration of safety or reduction of the posted speed limit. [1999, c. 676, §1 (new); §2 (aff).]

5. Exemptions. A permit is not required for the following:

A. Any existing driveway, entrance or approach unless its grade, location or use is changed; or [1999, c. 676, §1 (new).]

B. A driveway, entrance or approach used solely for forest management purposes provided that construction and maintenance follows departmental permit by rule requirements. A written permit is required if the use of that driveway, entrance or approach is changed. [1999, c. 676, §1 (new); §2 (aff).]

[1999, c. 676, §1 (new); §2 (aff).]

6. Access denied. The Department of Transportation and the municipalities shall deny ingress to and egress from property abutting the highway when access rights have been acquired by the department, except that the Commissioner of Transportation may allow access for the development of state and state aid highways and may approve a relocation of an existing break in a control of access consistent with the rules adopted pursuant to subsection 2. [2003, c. 571, §2 (amd).]

7. Reconsideration. In writing, the Commissioner of Transportation shall either approve an application under this section setting forth any conditions or terms required for approval or disapprove the application setting forth the reasons for disapproval. An applicant has 30 days from the receipt of this decision to request reconsideration. This request must outline the findings and conclusions of the commissioner to which that person objects, the basis of the objections and the nature of the relief requested. Nothing in this section may be construed to limit a person's lawful right to appeal a final agency action. [1999, c. 676, §1 (new).]

8. Violation. A violation of this section or the rules adopted pursuant to this section is punishable by a fine of not more than $100 per day per violation. The fine begins to accrue 30 days after the Department of Transportation sends notice of the violation to the landowner. The department shall establish procedures for administrative enforcement of this section, establishing fines and reconsideration and appeals of enforcement actions. [1999, c. 676, §1 (new); §2 (aff).]

9. Rules. Rules adopted by the Department of Transportation pursuant to subsection 2 are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Rules adopted pursuant to subsections 3 and 4, subsection 5, paragraph B and subsection 8 are major substantive rules as defined in Title 5, chapter 375, subchapter II-A. [1999, c. 676, §1 (new).]

10. Requirements waived. The department may waive the requirements of rules adopted pursuant to this section and may issue a permit for a driveway when the property abuts no other road affording vehicular access to a person's property and the property is outside the compact area of an urban compact municipality. The department may not deny a person the right to build on or to have vehicular access to property owned by that person unless the access is determined inconsistent with access management safety standards. [2005, c. 188, §1 (new).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1999,
Ch. 473,
§C1 (AMD).
PL 1999,
Ch. 676,
§1 (RPR).
PL 1999,
Ch. 676,
§2 (AFF).
PL 2001,
Ch. 301,
§1 (AMD).
PL 2003,
Ch. 571,
§1,2 (AMD).
PL 2005,
Ch. 188,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §705. Culverts

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§705. Culverts

The Department of Transportation is responsible for administering the placement of culverts within the right-of-way on improved state and state aid highways lying outside the compact area of an urban compact municipality as defined in section 754. When an abutter wants an entrance to be constructed on these highways, the abutter shall petition the department for a permit as provided under section 704. Should a permit be issued and a culvert is required, the abutter shall provide, at the abutter's expense, a culvert satisfactory to the department, which the department shall install and maintain. [1999, c. 473, Pt. C, §2 (amd).] div>
For locations on town ways and on state and state aid highways within the compact area of an urban compact municipality pursuant to section 754, the municipality must be petitioned by the abutter pursuant to section 704. Should a permit be issued, the abutter shall provide, at the abutter's expense, a culvert satisfactory to the municipality, which the municipality shall install and maintain. [1999, c. 473, Pt. C, §2 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C5 (AMD).
PL 1989,
Ch. 46,
§1 (RPR).
PL 1999,
Ch. 473,
§C2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §706. Curbs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§706. Curbs

1. Location or construction. The Department of Transportation shall develop or approve standards for the location or construction of curbs on each side of a way in the business district or area as defined by the department, of any municipality for which curbs have been prescribed. Prior to October 1, 1988, these standards shall be adopted in a form to fully implement the specifications in the American National Standards Institute publication "Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People" (ANSI A 117.1, 1986). [1987, c. 604, §1 (amd).]

2. Application. Standards set for curb ramping under subsection 1 shall not apply to any existing curb on October 3, 1973; but shall apply, to the extent reasonable, to all new curb construction and to all replacement curbs constructed in order to allow reasonable access to crosswalks after that date and prior to October 1, 1988, and shall apply to any new construction or reconstruction commenced after October 1, 1988. [1987, c. 604, §1 (amd).]

3. Physically handicapped; adequate ramping. Adequate and reasonable access shall be provided for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State. [1975, c. 94 (new).]

Section History:
PL 1973,
Ch. 311,
§ (NEW).
PL 1973,
Ch. 788,
§102 (AMD).
PL 1975,
Ch. 94,
§ (AMD).
PL 1987,
Ch. 604,
§1,2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §707. Construction flaggers; minimum training standards

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§707. Construction flaggers; minimum training standards

All privately employed flaggers at highway construction sites on public ways must have training in controlling traffic at construction sites in a manner consistent with the standards set forth in the American National Standards Institute, Manual on Uniform Traffic Control Devices for Streets and Highways. That training may consist of video instruction, instruction in a classroom setting, distribution of informational handbooks or other educational materials or other training activities determined appropriate by the employer. Municipalities are encouraged to provide the same training as is required for privately employed flaggers to flaggers whom they employ. [1991, c. 401 (new).]

Section History:
PL 1991,
Ch. 401,
§ (NEW).
PL 1991,
Ch. 481,
§2 (NEW).
RR 1991,
Ch. 1,
§31 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §708. Highway lighting

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 1: GENERAL PROVISIONS

§708. Highway lighting

1. Definitions. All definitions in Title 5, section 1769, subsection 1 apply in this section. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Commissioner" means the Commissioner of Transportation. [1991, c. 481, §2 (new).]

B. "Roadway lighting" means lighting that is specifically intended to illuminate roadways for automobiles but does not mean lighting intended to illuminate roadways only for pedestrian purposes. [1991, c. 481, §2 (new).]

[RR 1995, c. 1, §12 (cor).]

2. Permanent outdoor luminaires. A person may not use any state funds to install or replace any permanent outdoor luminaire unless:

A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens; [1991, c. 481, §2 (new).]

B. The illuminance from a luminaire or a system of luminaires does not exceed the minimum illuminance recommended by the federal Department of Transportation for that purpose; [1991, c. 481, §2 (new).]

C. For roadway lighting, the commissioner determines that the purpose of the lighting installation or replacement can not be achieved by any of the following means:

(1) Reduction of the speed limit in the area to be lighted; or

(2) Installation of reflectorized roadway markers, lines, warnings or informational signs; and
[1991, c. 481, §2 (new).]

D. The commissioner ensures that consideration is given to minimizing glare and light trespass. [1991, c. 481, §2 (new).]

[1991, c. 481, §2 (new).]

3. Exceptions. Exceptions from the provisions of this section are permitted only when:

A. Federal laws, rules and regulations take precedence over these provisions; or [1991, c. 481, §2 (new).]

B. The commissioner determines that there is a compelling safety interest that can not be addressed by any other method. [1991, c. 481, §2 (new).]

[1991, c. 481, §2 (new).]

Section History:
PL 1991,
Ch. 481,
§2 (NEW).
RR 1991,
Ch. 1,
§31 (RNU).
RR 1995,
Ch. 1,
§12 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §751. Establishment of system

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 2: STATE HIGHWAYS

§751. Establishment of system

The department shall provide a system of maintenance for all state highways to which section 1001 may apply and for all state aid highways to which section 802 may apply so that all sections of such highways may be effectually and economically preserved and maintained, in accordance with the best maintenance practice insofar as funds will permit. This section does not include snow removal work on state aid highways or town ways. [1981, c. 698, § 99 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 698,
§99 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §752. Expense of construction

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 2: STATE HIGHWAYS

§752. Expense of construction

The department shall be sole arbiter of the designation of state highways, but shall, after reasonable notice by publication, give all parties interested an opportunity to be heard thereon before such designation is made. [1971, c. 593, § 22 (amd).] div>
The expense of constructing such state highways shall be borne wholly by the State, except as otherwise provided in chapters 1 to 19. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §753-A. Design-build contracts

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 2: STATE HIGHWAYS

§753-A. Design-build contracts

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

A. "Best value" means the highest overall value to the State, considering quality and cost. [2001, c. 140, §1 (new).]

B. "Department" means the Department of Transportation. [2001, c. 140, §1 (new).]

C. "Design-build contracting" means a method of project delivery whereby a single firm is contractually responsible to perform design, construction and related services. [2001, c. 140, §1 (new).]

D. "Major participant" means any firm that would have a major role in the design or construction of the project as specified by the department in the request for proposals. [2001, c. 140, §1 (new).]

E. "Project" means the highway, bridge, railroad, pier, airport, trail, ferry vessel, building or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties and incidentals needed for a complete and functioning product. [2001, c. 140, §1 (new).]

F. "Proposal" means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions for the price contained in the proposal. [2001, c. 140, §1 (new).]

G. "Proposer" means an individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship or other entity that submits a proposal. After contract execution, the successful proposer is the design-builder. [2001, c. 140, §1 (new).]

H. "Quality" means those features that the department determines are most important to the project. Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct and other factors that the department considers to be in the best interest of the State. [2001, c. 140, §1 (new).]

[2001, c. 140, §1 (new).]

2. Authorization. Notwithstanding chapter 410, subchapter 4 or any other provision of law, the department may use design-build contracting to deliver projects. The department may evaluate and select proposals on either a best-value or low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the department, then the basis of award must be best value. The department shall identify in its planning process those projects it believes are candidates for design-build contracting. The failure of the department to identify such projects does not prevent the department from using design-build contracting in extraordinary circumstances including emergency work, unscheduled projects or loss of funding. The department retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities or to advertise for new proposals if the department determines that it is in the best interest of the State. [2005, c. 313, §4 (amd).]

3. Prequalification. The department may require that firms be prequalified to submit proposals. If the department requires prequalification, it shall give public notice requesting qualifications from interested firms in at least 2 newspapers distributed in the State. The department shall issue a request-for-qualifications package to all firms requesting one in accordance with the notice. Interested firms shall supply, for themselves and all major participants, all information required by the department. The department may investigate and verify all information received. All financial information, trade secrets or other information customarily regarded as confidential business information submitted to the department is confidential. The department shall evaluate and rate all firms submitting a conforming statement of qualifications and select the most qualified firms to each receive a request for proposals. The department may select any number of firms, except that, if the department fails to prequalify at least 2 firms, the department shall readvertise the project. [2001, c. 140, §1 (new).]

4. Request for proposals. If the department requires prequalification, it shall issue a draft request for proposals to those firms prequalified. The department shall give prequalified firms adequate time to review and comment on a draft request for proposals. The department shall consider those comments in the best interest of the State before issuing the request for proposals. If the department does not require prequalification, it shall give public notice of the request for proposals in at least 2 newspapers distributed in the State. The request for proposals must set forth the scope of work, design parameters, construction requirements, time constraints and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the department. The request for proposals must include the criteria for acceptable proposals. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. In the department's discretion, the request for proposals may provide for a process, including the establishment of a team to review proposals, for the department to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive. The majority of the members of the team reviewing proposals for responsiveness must be persons not employed by the department. Rejection of any proposal as nonresponsive requires a unanimous vote of the review team. All such conceptual submittals and responses are confidential until award of the contract. Upon award of the contract and after resolution of any procurement disputes, the department shall return documents submitted by unsuccessful proposers upon request. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements. [2001, c. 140, §1 (new).]

5. Low-bid award. If the basis of the award of responsive proposals is lowest cost, then each proposal, including the price or prices, must be sealed by the proposer and submitted to the department as one complete package. The department shall award the design-build contract to the proposer that submits a responsive proposal with the lowest price, if the proposal meets all request-for-proposals requirements. [2001, c. 140, §1 (new).]

6. Best-value award. If the basis of the award of responsive proposals is best value, then each proposal must be submitted by the proposer to the department in 2 separate components, which are a sealed technical proposal and a sealed price proposal. These 2 components must be submitted simultaneously. The department shall first open, evaluate and score each responsive technical proposal, based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality score of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals will remain sealed and all technical proposals are confidential. After completion of the evaluation of the technical proposals, the department shall publicly open and read each price proposal. The department shall calculate the overall value rating for each proposal, which is the total price divided by the quality score. The department shall award the contract to the proposer with the lowest price per quality score point, provided that the proposal meets all request-for-proposals requirements. [2001, c. 140, §1 (new).]

7. Procurement disputes. The request for proposals must provide for resolution of disputes that may arise before award of the contract by including a dispute review board procedure in accordance with the department's standard specifications and a provision that provides that the procurement process must be suspended pending final resolution of such disputes. This subsection does not prevent an aggrieved party from seeking judicial review. [2001, c. 140, §1 (new).]

Section History:
PL 2001,
Ch. 140,
§1 (NEW).
PL 2005,
Ch. 313,
§4 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
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Title 23 - §753. Contracts for construction (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 2: STATE HIGHWAYS

§753. Contracts for construction (REPEALED)

Section History:
PL 1969,
Ch. 322,
§2 (AMD).
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 771,
§252 (AMD).
PL 1985,
Ch. 86,
§2 (AMD).
PL 1985,
Ch. 554,
§4 (AMD).
PL 1989,
Ch. 208,
§20 (AMD).
PL 2001,
Ch. 689,
§1 (AMD).
PL 2005,
Ch. 313,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §754. Town maintenance in compact areas

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 2: STATE HIGHWAYS

§754. Town maintenance in compact areas

1. Jurisdiction. Except as otherwise provided, all state and state aid highways within compact areas of urban compact municipalities, as defined in subsection 2, as determined by the department must be maintained in good repair by the town in which the highways are located at the expense of the town. Municipalities must be notified one year in advance of changes in compact or built-up sections that place additional maintenance responsibilities on the municipalities. Municipalities may waive the requirement of the one-year notice. When any town neglects to maintain the highways within 14 days after notice given its municipal officers by the department, the department may proceed to make necessary repairs to that way, which must be paid for by the State and the cost for the repairs must be withheld from funds due the town under the Urban-Rural Initiative Program, established in chapter 19, subchapter VI. The amounts collected from these towns must be added to the fund for maintenance of state and state aid highways. [1999, c. 473, Pt. C, §3 (new).]

2. Urban compact municipalities and compact areas; opt-out provision. Urban compact municipalities and compact areas are defined as follows and may opt out in accordance with this subsection.

A. Compact areas are compact or built-up sections as defined in section 2 and include intermittent compact sections separated by short intervals that are not compact. The department may exclude from the compact area controlled access highways within compact sections. Compact areas may be designated only in urban compact municipalities. Compact areas on local roads, for the purposes of calculation of distributions pursuant to chapter 19, subchapter VI, are those road segments in urban compact municipalities lying within compact areas as documented by the department as of January 1, 1999. [1999, c. 473, Pt. C, §3 (new).]

B. Urban compact municipalities are those in which the population according to the last United States census exceeds 7,500 inhabitants. Urban compact municipalities are also those in which the population according to the last United States census is less than 7,500 inhabitants but more than 2,499 inhabitants, and in which the ratio of people whose place of employment is in a given municipality to employed people residing in that same municipality according to the last United States census is 1.0 or greater, and when the municipality has not exercised the opt-out provision of this section. [1999, c. 473, Pt. C, §3 (new).]

C. Municipalities may opt out as provided in this paragraph.

(1) Any municipality with a population less than 7,500 according to the most recent United States census and otherwise eligible to be an urban compact municipality, and with no compact area summer maintenance responsibilities as of January 1, 1999, may opt not to be an urban compact municipality and not to have a compact area, within one year of the effective date of this subparagraph, or within 6 months of notification under this section. A municipality that has made a decision to opt out may at a later date opt to become an urban compact municipality. A municipality that does not opt out may not at a later date do so, until or unless an intervening United States census makes the municipality ineligible under paragraph B. A municipality may not opt out of maintenance jurisdiction over roads upon an expansion of an established compact area. A municipality that is an urban compact municipality during one census period but does not meet the criteria of this section according to the subsequent United States census may continue to be an urban compact municipality.

(2) Any municipality eligible to be an urban compact municipality, that has compact area state highway winter maintenance responsibilities on January 1, 1999, and that has opted out of summer maintenance responsibilities shall continue winter maintenance responsibilities on compact areas of state highways. Any municipality eligible to be an urban compact municipality and that has no compact area state highway winter maintenance responsibilities on January 1, 1999, and that has opted out of summer maintenance responsibilities, may choose to undertake winter maintenance responsibilities on compact areas of state highways. In any case, the department and the municipality may negotiate winter maintenance responsibilities based on the most cost-effective routes and schedules for winter maintenance activities. These municipalities may not be urban compact municipalities, but must be reimbursed for winter maintenance on state highways pursuant to section 1803-B, subsection 1, paragraph B, subparagraph (1). Municipalities reimbursed for winter maintenance under this paragraph are not also eligible for reimbursement for those same highway segments based on any other provision of law.
[1999, c. 473, Pt. C, §3 (new).]

[1999, c. 473, Pt. C, §3 (new).]

3. Good condition upon transfer. When the responsibility for maintenance of a section of state or state aid highway is to be transferred to a municipality as a result of population growth, and when the municipality is not eligible to opt out of summer maintenance pursuant to subsection 2, paragraph C, the department shall prepare a capital and maintenance plan to ensure that the section of state or state aid highway is in good repair at the time of transfer. The plan must be developed in consultation with the affected municipality. For the purpose of this subsection, "good repair" means actions intended to reasonably avoid nonroutine maintenance activities for a minimum of 10 years and includes consideration of ditching, culverts, major structural defects and pavement condition ratings of 3.3 or higher as determined by the department. This subsection applies to a municipality that has previously opted out of summer maintenance pursuant to subsection 2, paragraph C at such point as population growth makes the municipality ineligible to opt out. [1999, c. 473, Pt. C, §3 (new).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1975,
Ch. 133,
§ (AMD).
PL 1981,
Ch. 492,
§C6 (AMD).
PL 1981,
Ch. 588,
§1 (AMD).
PL 1989,
Ch. 46,
§2 (AMD).
PL 1997,
Ch. 539,
§1 (AMD).
PL 1997,
Ch. 539,
§2 (AFF).
PL 1999,
Ch. 473,
§C3 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §801. Designation

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 3: STATE AID HIGHWAYS

§801. Designation

Municipal officers may petition the department to designate as state aid highways such public ways within their jurisdiction as will best serve outlying communities, connect adjoining towns and villages and facilitate travel in reaching markets, railroad connections and state roads, due consideration being given to cost as well as distance and volume of travel. Such petition presented to the department for the designation of a state aid highway shall include an adequate description of the way which it is desired to have so designated, and upon the same being approved and accepted by the department said way shall be established and known as a state aid highway. Twenty or more voters of the town in which said way is located, by written petition, presented within 30 days after the petition to designate such way as a state aid road has been filed with the department, shall have the right to be heard on the acceptance thereof. The department shall be the sole arbiter of the designation of state aid roads and may accept or reject any part or all of such way and impose terms in respect thereto. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §802. Maintenance by State

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 3: STATE AID HIGHWAYS

§802. Maintenance by State

State aid highways must be continually maintained under the direction and control of the department at the expense of the State except as provided in section 754 and 1003. [1999, c. 473, Pt. C, §4 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C7 (AMD).
PL 1999,
Ch. 473,
§C4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §803. Contracts for construction (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 3: STATE AID HIGHWAYS

§803. Contracts for construction (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 2005,
Ch. 313,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §851. Maintenance; projects (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 4: SECONDARY FEDERAL AID ROADS

§851. Maintenance; projects (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §852. -- roads (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 4: SECONDARY FEDERAL AID ROADS

§852. -- roads (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C8 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §853. Cooperation of municipal officers

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 4: SECONDARY FEDERAL AID ROADS

§853. Cooperation of municipal officers

Municipal officers are authorized to cooperate with the State Department of Transportation and with the Bureau of Public Roads, Department of Commerce, in the designation and construction of such parts of any federal aid secondary highway roads that are or will be within their respective towns. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §901. State aid highways (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 5: SURFACE TREATMENT

§901. State aid highways (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C9 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §902. -- improved sections (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 5: SURFACE TREATMENT

§902. -- improved sections (REPEALED)

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1981,
Ch. 492,
§C9 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §951. Planting

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 6: ROADSIDE IMPROVEMENT

§951. Planting

The department may cause or allow grasses, shrubs, vines and trees to be planted and maintained along state and state aid highways, to be paid for as part of the cost of construction and maintenance of highways. The department shall consult with the recognized tree board or tree warden of a municipality concerning the planting along a state or state aid highway within that municipality. For purposes of this section, a "recognized tree board" or "tree warden" means a person or persons designated as such by municipal officials and listed with the Department of Conservation. In making this designation, municipal officials shall give preference to persons experienced in the area of landscaping and planting. If such persons are not available, the municipality may designate another municipal officer. [2001, c. 39, §1 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1979,
Ch. 316,
§1 (AMD).
PL 2001,
Ch. 39,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §952. Contracts

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 6: ROADSIDE IMPROVEMENT

§952. Contracts

The department may enter into agreements with individuals or organizations who wish to plant grasses, vines, trees or flowers, or to make gifts or appropriations to carry out this subchapter. [1971, c. 593, § 22 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §953. View of advertising panels not to be obstructed (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 6: ROADSIDE IMPROVEMENT

§953. View of advertising panels not to be obstructed (REPEALED)

Section History:
PL 1981,
Ch. 456,
§A78 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §954. Picnic areas

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS
Subchapter 6: ROADSIDE IMPROVEMENT

§954. Picnic areas

The department is authorized to construct along state and state aid highways roadside picnic areas, roadside springs, scenic turnouts or other landscaping where in the opinion of the department it may seem advisable and place distinguishing signs upon the same. The department is authorized to use for the maintenance of the same such funds as are now available for maintenance of state and state aid highways. In any roadside area along any state or state aid highway where modern flush toilet facilities are provided for public use, there shall be provided toilet rooms which are accessible to and usable by the physically disabled, as defined in Title 25, sections 2701 and 2702 respectively. The department shall erect and maintain signs along the approach to any roadside area where toilet facilities accessible to the disabled are available which are designed to inform disabled persons that the facilities are available. [1979, c. 248, § 1 (amd).]

Section History:
PL 1971,
Ch. 593,
§22 (AMD).
PL 1979,
Ch. 248,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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