Maine Statute | Act | Code |Title 23. Highways| US Code - US Statute | Chapter 21. Maine Traveler Information Services

Title 23 - §1901. Legislative findings

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1901. Legislative findings

The Legislature of this State makes the following findings of fact. [1981, c. 318, § 1 (rpr).]

1. Tourist industry. A large and increasing number of tourists has been coming to Maine and, as a result, the tourist industry is one of the important sources of income for Maine citizens, with an increasing number of persons directly or indirectly dependent upon the tourist industry for their livelihood. [1981, c. 318, § 1 (rpr).]

2. Information discrimination. Very few convenient means exist in the State to provide information on available public accommodations, commercial services for the traveling public and other lawful businesses and points of scenic, historic, cultural, educational and religious interest. Provision of those facilities can be a major factor in encouraging the development of the tourist industry in Maine. [1981, c. 318, § 1 (rpr).]

3. Scenic resources. Scenic resources of great value are distributed throughout the State, and have contributed greatly to its economic development by attracting tourists, permanent and part-time residents and new industries and cultural facilities. [1981, c. 318, § 1 (rpr).]

4. Preservation of scenic resources. The scattering of outdoor advertising throughout the State is detrimental to the preservation of those scenic resources, and so to the economic base of the State, and is also not an effective method of providing information to tourists about available facilities. [1981, c. 318, § 1 (rpr).]

5. Proliferation of outdoor advertising. The proliferation in number, size and manner of outdoor advertising is hazardous to highway users. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (RPR).
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Title 23 - §1902. Policy and purposes

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1902. Policy and purposes

To promote the public health, safety, economic development and other aspects of the general welfare, it is in the public interest to provide tourists and travelers with information and guidance concerning public accommodations, facilities, commercial services and other businesses and points of scenic, cultural, historic, educational, recreational and religious interest. To provide this information and guidance, it is the policy of the State and the purpose of this chapter to: [1981, c. 318, § 1 (rpr).]

1. Official information centers; signs. Establish and maintain official information centers and a system of official business directional signs; [1981, c. 318, § 1 (rpr).]

2. Information publications. Provide official directories, guidebooks, maps and other tourist and traveler information publications; [1981, c. 318, § 1 (rpr).]

3. Control outdoor advertising. Prohibit and control the indiscriminate use of outdoor advertising; and [1981, c. 318, § 1 (rpr).]

4. Protection of scenic beauty. Enhance and protect the natural scenic beauty of the State. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (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 - §1903. Definitions

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1903. Definitions

As used in this chapter, unless the context otherwise indicates, the following words have the following meanings. [1981, c. 318, § 1 (rpr).]

1. Commissioner. "Commissioner" means the Commissioner of Transportation. [1981, c. 318, § 1 (rpr).]

1-A. Controlled access highway. "Controlled access highway" means a highway to which, in the interest of safety and efficiency of operation, abutting property owners have no right of direct access and on which the type and location of all access connections are determined and controlled by the department. [1993, c. 516, §1 (new).]

1-B. Controlled access bypass. "Controlled access bypass" means a highway designed to bypass an existing business district and meeting the definition of a controlled access highway. [1993, c. 516, §1 (new).]

1-C. Agricultural product. "Agricultural product" means an item under paragraph A, B, C or D if the item is sold in accordance with any applicable state or federal law or rule:

A. Fresh fruit, fresh produce or a fresh horticultural or agronomic commodity and a seasonal product made from that fresh fruit, fresh produce or fresh horticultural or agronomic commodity; [1997, c. 635, §1 (new).]

B. Trees and wreaths used for decorative purposes; [1997, c. 635, §1 (new).]

C. Maple syrup; and [1997, c. 635, §1 (new).]

D. A fresh food product made from an animal raised for the purpose of providing food or from the products of that animal. [1997, c. 635, §1 (new).]

[1997, c. 635, §1 (new).]

2. Erect. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish. [1981, c. 318, § 1 (rpr).]

3. Interstate system or interstate highway. "Interstate system" or "interstate highway" means any state highway which is or does become part of the national system of interstate or defense highways, as described in the United States Code, Title 23, section 103(d) and amendments thereto or replacements thereof. [1981, c. 318, § 1 (rpr).]

4. Logo. "Logo" means a single or multicolored symbol or design used by a business as a means of identifying its products or services. [1981, c. 318, § 1 (rpr).]

5. Maintain. "Maintain" means to allow to exist. [1981, c. 318, § 1 (rpr).]

6. Motor vehicle. "Motor vehicle" means a self-propelled vehicle capable of legal operation on the traveled portion of the state highways. [1981, c. 318, § 1 (rpr).]

7. Official business directional sign. "Official business directional sign" means a sign erected and maintained in accordance with this chapter, to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services for the traveling public and points of scenic, historical, cultural, recreational, educational and religious interest. Other information may be displayed by means of logos authorized pursuant to section 1910. [1981, c. 318, § 1 (rpr).]

8. On-premise sign. "On-premise sign" means a sign which is erected and maintained according to the standards set forth in section 1914 upon the same real property that the business, facility or point of interest is located or an approach sign as permitted by section 1914, subsection 10. The signs shall only advertise the business, facility or point of interest conducted thereon or the sale, rent or lease of the property upon which it is located. [1981, c. 318, § 1 (rpr).]

9. Person. "Person" means an individual, corporation, joint venture, partnership or any other legal entity. [1981, c. 318, § 1 (rpr).]

10. Primary system or primary highway. "Primary system" or "primary highway" means any state highway which is or does become part of the federal aid primary system, as described in the United States Code, Title 23, section 103(b) and amendments thereto and replacement thereof. [1981, c. 318, § 1 (rpr).]

10-A. Private way. "Private way" means a private road, driveway or public easement as defined in section 3021. [1981, c. 318, § 1 (rpr).]

10-B. Producer. "Producer" means a person who produces, cultivates, grows or harvests an agricultural product. [1997, c. 635, §1 (new).]

11. Public way. "Public way" means any road capable of carrying motor vehicles, including, but not limited to, any state highway, municipal road, county road, unincorporated territory road or other road dedicated to the public. [1981, c. 318, § 1 (rpr).]

12. Residential directional sign. [1981, c. 576, § 1 (rp).]

13. Secondary system or secondary highway. "Secondary system" or "secondary highway" means any state highway, but which is not part of the interstate or primary systems. [1981, c. 318, § 1 (rpr).]

14. Sign. "Sign" means any structure, display, logo, device or representation which is designed or used to advertise or call attention to any thing, person, business, activity or place and is visible from any public way. It does not include the flag, pennant or insignia of any nation, state or town. Whenever dimensions of a sign are specified they shall include frames. [1981, c. 318, § 1 (rpr).]

15. State highway or highway. "State highway" or "highway" means any public way which is so designated by this Title, including interstate, primary and secondary highways. [1981, c. 318, § 1 (rpr).]

16. Traffic control sign or device. "Traffic control sign or device" means an official route marker, warning sign, sign directing traffic to or from a community, bridge, ferry or airport, or sign regulating traffic, which has been erected by officers having jurisdiction over the public way and these signs shall be exempt from the requirements of this chapter. [1981, c. 318, § 1 (rpr).]

17. Visible. "Visible" means capable of being seen without visual aid by a person of normal visual acuity. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1979,
Ch. 477,
§2-4 (AMD).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1981,
Ch. 576,
§1 (AMD).
PL 1993,
Ch. 516,
§1 (AMD).
PL 1997,
Ch. 635,
§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 - §1904. Travel Information Advisory Council

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1904. Travel Information Advisory Council

1. Creation. The Travel Information Advisory Council, established by Title 5, section 12004-I, subsection 86, shall advise the commissioner with respect to the administration of this chapter. The commissioner shall cooperate with the council by providing necessary assistance. [1989, c. 503, Pt. B, §99 (amd).]

2. Powers and duties. The Travel Information Advisory Council shall advise the commissioner on rules relating to the determination of location, size, color and lettering for official business directional signs and on all other matters necessary and appropriate for the administration of this chapter. [1981, c. 318, §1 (rpr).]

3. Membership. The Travel Information Advisory Council is composed as follows.

A. Nine members are appointed by the Governor as follows:

(1) One representative of the lodging industry;

(2) One representative of the restaurant industry;

(3) One representative of garden clubs;

(4) One representative of agriculture;

(5) One representative of the recreation industry;

(6) One representative of environmental organizations;

(7) One representative of nonprofit historical and cultural institutions;

(8) One representative of sign designers and fabrication artisans; and

(9) One representative of the general public.

These members are appointed to 2-year terms of office expiring on January 16th, with the terms of those members appointed under subparagraphs (1), (2), (3) and (4) expiring in odd-numbered years and the terms of those members appointed under subparagraphs (5), (6), (7), (8) and (9) expiring in even-numbered years. [1991, c. 548, Pt. B, §2 (rpr).]

B. [1999, c. 152, Pt. F, §1 (rp).]

C. [1991, c. 548, Pt. B, §2 (rp).]

D. [1991, c. 548, Pt. B, §2 (rp).]

E. [1991, c. 548, Pt. B, §2 (rp).]

F. [1991, c. 548, Pt. B, §2 (rp).]

G. [1991, c. 548, Pt. B, §2 (rp).]

H. [1991, c. 548, Pt. B, §2 (rp).]

I. [1991, c. 548, Pt. B, §2 (rp).]

J. [1991, c. 548, Pt. B, §2 (rp).]

K. [1991, c. 548, Pt. B, §2 (rp).]

If a vacancy occurs prior to the expiration of a term of any member, including legislative members, that vacancy must be filled by the appointing authority as provided in this subsection for the remainder of that term. [1999, c. 152, Pt. F, §1 (amd).]

4. Meetings and compensation. Meetings must be held at the call of the chair or at the call of more than 12 of the membership. Members of the council, except state employees, are entitled to compensation according to the provisions of Title 5, chapter 379. All council expenses must be paid from the account established by section 1919. [1989, c. 735, §2 (new).]

5. Chair. The Governor shall appoint the chair of the council. [1989, c. 735, §2 (new).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1981,
Ch. 576,
§2 (AMD).
PL 1983,
Ch. 812,
§140,141 (AMD).
PL 1989,
Ch. 503,
§B99 (AMD).
PL 1989,
Ch. 735,
§1,2 (AMD).
PL 1991,
Ch. 548,
§B2 (AMD).
PL 1999,
Ch. 152,
§F1 (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 - §1905. Official tourist information centers

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1905. Official tourist information centers

To the extent funds are available or contracts can be entered into, the commissioner shall establish official tourist information centers near the principal entrance points into the State, as determined by the commissioner, with the advice and recommendation of the Director of the State Development Office, and at such other locations as the commissioner deems appropriate in order to provide information about public accommodations, facilities, commercial services and other businesses for the traveling public, and points of scenic, historic, cultural, recreational, educational and religious interest. [1983, c. 477, Pt. E, sub-pt. 26 § 6 (amd).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1983,
Ch. 477,
§E,26,6 (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 - §1906. Official business directional signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1906. Official business directional signs

1. Erection and maintenance. The commissioner, with the advice of the Travel Information Advisory Council, shall designate locations for and erect official business directional signs licensed under this chapter. The official business directional signs shall be furnished and preserved by the applicant thereafter and shall conform to regulations issued by the commissioner with the advice of the Travel Information Advisory Council. Such regulations shall be consistent with section 1910. [1981, c. 318, § 1 (rpr).]

2. Agreements with municipalities. The commissioner may:

A. Enter into contractual or other arrangements with any municipality of this State providing for the erection of official business directional signs distinctive to that municipality upon finding that:

(1) The municipality has in effect an ordinance or regulation establishing a mandatory program of distinctive official business directional signs;

(2) The ordinance or regulation is administrable and enforceable and will be properly administered and enforced; and

(3) The ordinance or regulation is consistent with the policy and purposes of this chapter; and
[1981, c. 576, § 3 (new).]

B. Contract or arrange with any municipality for administration by that municipality within its boundaries of any appropriate matter under this chapter. Any contract or arrangement made under this paragraph and any action taken pursuant to it shall comply with the policy and purposes of this chapter. [1981, c. 576, § 3 (new).]

Whenever any of the conditions set forth in this subsection are no longer being met, the commissioner shall promptly resume the administration of the official business directional sign program under this chapter. The commissioner shall provide written notice of his action to the municipality and may require nonconforming signs to be removed immediately. [1981, c. 576, § 3 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1981,
Ch. 576,
§3 (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 - §1907. Published information (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1907. Published information (REPEALED)

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1983,
Ch. 477,
§E,26,7 (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 - §1908. Regulation of outdoor advertising

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1908. Regulation of outdoor advertising

No person may erect or maintain signs visible to the traveling public from a public way except as provided in this chapter. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (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 - §1909. Eligibility for official business directional signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1909. Eligibility for official business directional signs

Lawful businesses and points of interest and cultural, historic, recreational, educational and religious facilities are eligible for official business directional signs, subject to this chapter and to rules promulgated by the commissioner with the advice of the Travel Information Advisory Council, and to any federal law, rule or regulation affecting the allocation of federal highway funds or other funds to or for the benefit of the State or any agency or subdivision thereof. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (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 - §1910. Types and arrangements of signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1910. Types and arrangements of signs

Subject to this chapter, the commissioner, with the advice of the Travel Information Advisory Council, shall regulate the size, shape, color, lighting, manner of display and lettering of official business directional signs. A symbol may be specified for each type of eligible service of facility for inclusion upon official business directional signs. [1981, c. 576, § 4 (amd).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1979,
Ch. 477,
§5 (AMD).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1981,
Ch. 576,
§4 (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 - §1911. Number and location of signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1911. Number and location of signs

1. Location limited. Official business directional signs shall only be located in those vicinities where the traveler must change direction from one public way to another to reach the business, facility or point of interest. [1981, c. 318, § 1 (rpr).]

2. Number limited. Notwithstanding section 1918, the commissioner shall not issue more than 6 licenses for official business directional signs for any one place of business, facility or point of interest eligible therefor under section 1909, not more than one such official business sign shall be visible to traffic moving in any one public way leading toward the place of business, facility or point of interest nor shall any license be issued for a sign located more than 10 miles radius from the place of business, facility or point of interest. [1981, c. 576, § 5 (amd).]

3. Waiver of requirements. The commissioner may waive the specific requirements of this section if an applicant for a license can show unusual hardship due to conditions of topography, access or other physical characteristics. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1979,
Ch. 477,
§6 (AMD).
PL 1981,
Ch. 318,
§1 (RPR).
PL 1981,
Ch. 576,
§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 - §1912-A. Official business directional signs on controlled access highways

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1912-A. Official business directional signs on controlled access highways

1. Interstate highway. Official business directional signs are not permitted within the right-of-way of the interstate highway. [1993, c. 516, §2 (new).]

2. Permitted on certain controlled access bypasses. Official business directional signs are not permitted within the right-of-way of controlled access highways except as provided in this subsection. Official business directional signs are permitted within the right-of-way of a controlled access bypass when the controlled access bypass is part of a route, as designated by its route number, that is not a controlled access highway throughout its length. [1993, c. 516, §2 (new).]

Section History:
PL 1993,
Ch. 516,
§2 (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 - §1912-B. Logo signs on the interstate highway system

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1912-B. Logo signs on the interstate highway system

Pursuant to rules adopted under this section, the commissioner may authorize the placement of logo signs within the right-of-way of the interstate system. A logo sign may not be larger than existing service information signs permitted on the interstate highway. Logo signs may be installed only on portions of the interstate highway that are rural in character. A logo sign may include only logos for gas, food, lodging and camping. Applications from at least 3 qualified businesses must be approved before installation of a logo sign panel at an exit. Logos for 2 or more types of service may be displayed on the same sign panel. More than one logo sign panel may be installed at an exit only when 3 or more qualified businesses are available for each of 2 or more types of service. The number of logo sign panels at an exit may not exceed one for each type of service or a total of 4 for all types of services. Rules adopted under this section must regulate the size, shape, manner and location of logo signs and must describe the procedure for applying to the department for permission to erect a logo sign and the criteria used by the department to select among applicants. The commissioner shall establish an initial fee for the production and placement of a logo sign and an annual fee to cover the maintenance costs. Fees charged must approximate direct costs. [1995, c. 663, §1 (amd).] div>
The commissioner, with the advice of the Travel Information Advisory Council, shall adopt rules to implement this section. Those rules may not be adopted until March 15, 1996. The commissioner shall report to the Joint Standing Committee on Transportation in January 1996 on the development of those rules. [1995, c. 416, §1 (new).]

Section History:
PL 1995,
Ch. 416,
§1 (NEW).
PL 1995,
Ch. 663,
§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 - §1912. Permitted locations

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1912. Permitted locations

In adopting regulations relating to locations for official business directional signs, the commissioner shall take into consideration such factors as the effect upon highway safety, the convenience of the traveling public and the preservation of scenic beauty. [1981, c. 318, § 1 (rpr).] div>
When appropriate, because of the number of signs at one location, the signs shall be displayed in tiers or on panels. Subject to the traffic safety regulations adopted by the commissioner for the purposes of this chapter, the commissioner shall also specify by regulation the general types of locations where such posts, signs or panels may be erected and maintained, and the size, shape, lighting and other characteristics of the panels and posts, including the locations of signs thereon. [1981, c. 318, § 1 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§1 (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 - §1913-A. Categorical signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1913-A. Categorical signs

1. Types of signs. The following signs may be erected and maintained without license or permit under this chapter as follows:

A. Signs of a duly constituted governmental body, a soil and water conservation district or regional planning district; [1981, c. 318, §3 (new).]

B. Signs located on or in the rolling stock of common carriers, except those which are determined by the commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle; [1981, c. 318, §3 (new).]

C. Signs on registered and inspected motor vehicles, except those which are determined by the commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle; [1981, c. 318, §3 (new).]

D. Signs, with an area of not more than 260 square inches, identifying stops or fare zone limits of motor buses; [1981, c. 318, §3 (new).]

E. Signs showing the place and time of service or meetings of religious and civic organizations, in the municipality or township. Each religious or civic organization may erect no more than 4 signs. No sign may exceed in size 24 inches by 30 inches; [1981, c. 318, §3 (new).]

F. Memorial signs or tablets; [1981, c. 318, §3 (new).]

G. Hand-held or similar signs not affixed to the ground or buildings; [1999, c. 152, Pt. G, §2 (amd).]

H. Signs bearing political messages relating to an election, primary or referendum, provided that these signs may not be placed within the right-of-way prior to 6 weeks before the election, primary or referendum to which they relate and must be removed by the candidate or political committee not later than one week thereafter; and [1999, c. 152, Pt. G, §2 (amd).]

I. Adopt-A-Highway Program signs allowed under section 1117. [1999, c. 152, Pt. G, §3 (new).]

[1999, c. 152, Pt. G, §§2, 3 (amd).]

2. Types of signs outside the right-of-way. The following signs may be erected and maintained outside of the public right-of-way without license or permit under this chapter as follows:

A. Signs erected by a public, civic, philanthropic, charitable or religious organization announcing an auction public supper, lawn sale, campaign or drive or other like event or soliciting contributions; [1981, c. 318, §3 (new).]

B. Signs erected by fairs and expositions within the county where the activity is located; [1981, c. 318, §3 (new).]

C. Signs bearing religious messages and signs showing the time and place of services or meetings of religious and civic organizations; [1981, c. 318, §3 (new).]

D. Signs erected by nonprofit historical and cultural institutions. Each institution which has certified its nonprofit status with the commissioner, may erect not more than 2 signs with a surface area not to exceed 50 square feet per sign; [1991, c. 387, §1 (amd).]

E. Signs bearing political messages; and [1991, c. 387, §1 (amd).]

F. [1997, c. 635, §2 (rp).]

G. Signs erected between May 1st and December 31st by a producer of agricultural products, as long as those signs advertise products that are grown, produced and sold on the producer's premise. A producer that grows, produces and sells an agricultural product from a location with frontage on a numbered state highway may not erect a sign under this paragraph adjacent to that highway. Signs must be directional in nature and may advertise only the agricultural product that is available for immediate purchase. The producer erecting the sign shall remove the sign once the agricultural product advertised on the sign is no longer available. A sign may not exceed 8 square feet in size and must be located within 5 miles of where the product is sold. A sign may only be erected on private property after the producer erecting the sign has obtained the landowner's written consent. A sign must be a minimum of 33 feet from the center of a road. A producer may not erect more than 4 signs pursuant to this paragraph and the total number of signs erected by that producer under this paragraph and section 1911, subsection 2 may not exceed 6. [1997, c. 635, §3 (new).]

[1997, c. 635, §§2, 3 (amd).]

3. Regulations. The commissioner may promulgate regulations and orders, including prohibitions, to protect highway safety and implement the intent of this chapter. The signs referred to in this section shall be subject to regulation, including prohibition, as set forth in section 1922. [1981, c. 318, §3 (new).]

4. Zones. The commissioner may promulgate regulations permitting signs, including signs bearing commercial messages, in any zone or area of the State, together with regulations concerning the dimensions, construction, illumination and other characteristics of such signs if the Attorney General certifies to the commissioner that the United States Supreme Court has determined that signs in such zones or areas must be permitted. [1981, c. 318, §3 (new).]

5. Prohibited practices. None of the signs referred to in this section may be erected or maintained on any traffic control signs or devices, public utility poles or fixtures or upon any trees. None of these signs may be painted or drawn upon rocks or other natural features. [1981, c. 318, §3 (new).]

6. Interstate system. None of the signs referred to in this section, other than signs conforming with subsection 1, paragraphs B and C and logo signs erected pursuant to section 1912-B, may be located within the right-of-way limits of the interstate system or within 660 feet of the nearest edge of the interstate system and erected in such a fashion that the message may be read from the interstate highway. [1995, c. 416, §2 (amd).]

Section History:
PL 1981,
Ch. 318,
§3 (NEW).
PL 1991,
Ch. 387,
§1,2 (AMD).
RR 1991,
Ch. 2,
§89 (COR).
PL 1995,
Ch. 416,
§2 (AMD).
PL 1997,
Ch. 635,
§2,3 (AMD).
PL 1999,
Ch. 152,
§G2,3 (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 - §1913. Categorical signs (REPEALED)

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1913. Categorical signs (REPEALED)

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1977,
Ch. 696,
§196 (AMD).
PL 1979,
Ch. 477,
§7 (RPR).
PL 1981,
Ch. 311,
§1,2 (AMD).
PL 1981,
Ch. 318,
§2 (RP ).
PL 1981,
Ch. 576,
§6 (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 - §1914. On-premise signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1914. On-premise signs

1. License and permit. No license or permit may be required for an on-premise sign. [1981, c. 318, §4 (rpr).]

2. Number. On-premise signs on any one property shall not exceed 10 in number, except in the case of more than one business, facility or point of interest being conducted on one property, signs for each business, facility or point of interest shall not exceed 10 in number. [1981, c. 318, §4 (rpr).]

3. Location. On-premise signs shall be located within 1,000 feet of the principal building where the business or facility is carried on or practiced or within 1,000 feet of the point of interest. Storage areas, warehouses and other auxiliary structures and fixtures are not deemed to be buildings where the business, facility or point of interest is carried on or practiced. [1981, c. 318, §4 (rpr).]

4. Location, relation to public way. No on-premise signs may be permitted:

A. Within 33 feet of the center line of any public way if the highway is less than 66 feet in width; [1981, c. 318, §4 (rpr).]

B. Within 20 feet from the outside edge of the paved portion of any public way with more than 2 travel lanes and a total paved portion in excess of 24 feet in width; or [1981, c. 318, §4 (rpr).]

C. Within the full width of the right-of-way of any public way. [1981, c. 318, §4 (rpr).]

Paragraphs A and B shall not apply to signs erected before September 1, 1957. [1981, c. 318, §4 (rpr).]

5. Interstate highways. Not more than one on-premise sign, advertising the sale or lease of the property, may be permitted on land adjacent to any portion of the interstate system, including ramps and interchange areas, which is visible therefrom. Not more than one on-premise sign visible from any portion of the interstate system including ramps and interchange areas, may be permitted more than 50 feet from the principal building or structure where the business, facility or point of interest is carried on. No on-premise advertisement, located more than 50 feet from the principal building or structure where the business, facility or point of interest advertised is carried on, may exceed 20 feet in lenght, width or height or 150 square feet in area, including border and trim, but excluding supports. Any on-premise sign located more than 50 feet from the principal structure where the business, facility or point of interest is carried on that displays any trade name which refers to or identifies any service rendered or product sold shall display the name of the advertised business, facility or point of interest as conspicuously as such trade name. [1981, c. 318, §4 (rpr).]

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

A. Attempts or appears to attempt to direct the movement of traffic or interferes with, imitates or resembles any official traffic sign, signal or device; [1995, c. 390, §1 (amd).]

B. Prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic; [1981, c. 318, §4 (rpr).]

C. Contains, includes or is illuminated by a flashing, intermittent or moving light or lights, except as provided in subsection 11-A; [2001, c. 268, §1 (amd).]

D. Uses lighting in any way unless the light is in the opinion of the commissioner effectively shielded to prevent beams or rays of light from being directed at any portion of the public way or is of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle or to otherwise interfere with any driver's operation of a motor vehicle; or [1995, c. 390, §1 (amd).]

E. Moves, has any animated or moving parts or has the appearance of movement, except as provided in subsection 11-A. [2001, c. 268, §1 (amd).]

[2001, c. 268, §1 (amd).]

7. Signs erected on natural features. No on-premise sign may be permitted which is erected or maintained upon trees or painted or drawn upon rocks or other natural features. [1981, c. 318, §4 (rpr).]

8. Height. The maximum height of on-premise signs shall be 25 feet above the ground level of land upon which it is located or if the sign is affixed to or is part of a building, the maximum is 10 feet above the roof of the building. [1981, c. 318, §4 (rpr).]

9. Jurisdiction by local authority in compact areas. Except as otherwise provided in this chapter, administration of this chapter by the Department of Transportation does not apply to on-premises advertisements located in compact areas of an urban compact municipality, as defined in section 754, the administration of which is the responsibility of local authority. In compact areas of an urban compact municipality adjacent to the interstate, the Department of Transportation is responsible for the administration of this section. [1999, c. 473, Pt. D, §7 (amd).]

10. Approach signs. Any business or facility whose principal building, or a point of interest, which is located on a private way more than 1,000 feet from the nearest public way, or is not visible to traffic from the nearest public way, may erect no more than 2 approach signs with a total surface area not to exceed 100 square feet per sign. These signs are to be located outside the public right-of-way limits within 300 feet of the junction of the public and private ways. [1981, c. 318, §4 (rpr).]

11. Changeable signs. [2001, c. 268, §2 (rp).]

11-A. Changeable signs. Notwithstanding subsection 6, paragraphs C and E, changeable signs are not prohibited as long as the sign complies with all the terms of this subsection. The Department of Transportation shall administer the provisions of this subsection.

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

(1) "Changeable sign" means an on-premise sign created, designed, manufactured or modified in such a way that its message may be electronically, digitally or mechanically altered by the complete substitution or replacement of one display by another on each side.

(2) "Display" means that portion of the surface area of a changeable sign that is, or is designed to be or is capable of being periodically altered for the purpose of conveying a message.

(3) "Lot of record" means a lot for which the deed was legally recorded, or which was created by a plan legally recorded, in the registry of deeds for the county where the lot is located. Contiguous lots of record in the same ownership are considered one lot.

(4) "Message" means a communication conveyed by means of a visual display of text.

(5) "Sign assembly" means the display, border, trim and all supporting apparatus, including posts, columns, pedestals and foundation.

(6) "Time and temperature sign" means a changeable sign that electronically or mechanically displays the time and temperature by the complete substitution or replacement of a display showing the time with a display showing the temperature.
[2001, c. 268, §3 (new).]

B. The display on each side of a changeable sign:

(1) May be changed no more than once every 20 minutes, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance;

(2) Must change as rapidly as technologically practicable, with no phasing, rolling, scrolling, flashing or blending, unless the municipality in which the sign is located adopts an ordinance to the contrary and notifies the Department of Transportation in writing of that ordinance. Notwithstanding this subparagraph, a municipality may not adopt an ordinance that allows the sign to flash; and

(3) May consist only of alphabetic or numeric text on a plain background and may not include any graphic, pictorial or photographic images.
[2005, c. 195, §1 (amd).]

C. The display may comprise no more than 50% of the surface area of a changeable sign. [2001, c. 268, §3 (new).]

D. No more than one changeable sign with 2 sides is allowed per lot of record. [2001, c. 268, §3 (new).]

E. Changeable signs may not be located so that the message is readable from a controlled-access highway or ramp. [2001, c. 268, §3 (new).]

F. The highest point of the display of a changeable sign may not exceed a height of 25 feet above either the centerline of the nearest public way or actual ground level adjacent to the sign, whichever is lower. [2001, c. 268, §3 (new).]

G. Changeable message board signs existing in accordance with the requirements of former subsection 11 continue to exist if the signs:

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

(2) Are not replaced, substantially rebuilt, reconstructed or repaired beyond routine maintenance.
[2001, c. 268, §3 (new).]

H. The size, intensity of illumination and acceptable rate of change between the time display and the temperature display of a time and temperature sign must comply with rules, policies or guidelines adopted by the Department of Transportation. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. Time and temperature signs erected prior to September 29, 1995 need not comply with those rules, policies or guidelines. [2005, c. 195, §1 (amd).]

[2005, c. 195, §1 (amd).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1977,
Ch. 696,
§197 (AMD).
PL 1979,
Ch. 477,
§8-11 (AMD).
PL 1981,
Ch. 318,
§4 (RPR).
PL 1995,
Ch. 390,
§1-3 (AMD).
PL 1999,
Ch. 123,
§1 (AMD).
PL 1999,
Ch. 473,
§D7 (AMD).
PL 2001,
Ch. 268,
§1-3 (AMD).
PL 2005,
Ch. 195,
§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 - §1915. Compensation

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1915. Compensation

1. Payment of compensation. Compensation shall be paid for the removal of any sign lawfully erected as of January 1, 1978, and which is visible from the interstate or primary systems, except no compensation may be paid if such sign is exempt as provided in section 1913-A and no compensation may be paid for the removal of signs subject to immediate removal pursuant to section 1924, subsection 3. [1981, c. 318, § 4 (rpr).]

2. Procedures. The purchase, condemnation, negotiation, assessment of damage and appeal procedures must be in accordance with this section and sections 153-A to 159. [1993, c. 536, §3 (amd).]

3. Acceptance of federal funds. The commissioner may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the United States Code, Title 23, section 131 and amendments thereto or replacements thereof. Any such funds will be applied to effectuate this chapter. [1981, c. 318, § 4 (rpr).]

4. Availability of federal funds. No sign may be required to be compensated if the federal share of the compensation to be paid under this section is not available. [1981, c. 318, § 4 (rpr).]

5. Removal pursuant to other law. Nothing in this section may provide compensation for the removal of signs which are lawfully removed pursuant to any other statute, regulation, ordinance or resolution of any governmental entity having jurisdiction. [1981, c. 318, § 4 (rpr).]

6. Maintenance of lawfully erected signs. Any sign lawfully erected as of January 1, 1978, in accordance with section 1924, subsections 1 and 2 may be maintained until removed by the commissioner under subsection 7 or by section 1916. [1981, c. 698, § 101 (rpr).]

7. Removal of signs for which compensation is paid. The commissioner shall remove a sign for which compensation is to be paid under this section when title to such sign is acquired by the State pursuant to section 154. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1979,
Ch. 477,
§12 (AMD).
PL 1981,
Ch. 318,
§4 (RPR).
PL 1981,
Ch. 470,
§A137 (AMD).
PL 1981,
Ch. 698,
§101 (AMD).
PL 1993,
Ch. 536,
§3 (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 - §1916. Removal of signs by amortization

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1916. Removal of signs by amortization

1. Exclusions. This section shall not apply to:

A. Signs for which compensation is paid under section 1915; [1981, c. 318, § 4 (rpr).]

B. On-premise signs as provided in section 1914; [1981, c. 318, § 4 (rpr).]

C. Exempt signs under section 1913-A; [1981, c. 318, § 4 (rpr).]

D. Signs licensed under this chapter; [1981, c. 318, § 4 (rpr).]

E. Signs to be removed under section 1917; and [1981, c. 318, § 4 (rpr).]

F. Signs subject to immediate removal pursuant to section 1924, subsection 3. [1981, c. 318, § 4 (rpr).]

[1981, c. 318, § 4 (rpr).]

2. Six years amortization. Any sign lawfully erected as of January 1, 1978, may be maintained in accordance with section 1924 for 6 years after that date in order to amortize the value thereof. The owner of the sign shall remove the sign within 30 days of a receipt of a final order specified in subsection 3. [1981, c. 318, § 4 (rpr).]

3. Procedure for notice, hearing, appeal. The procedure for notice, hearing and appeal is as follows.

A. The commissioner shall send to the sign owner notice by certified mail, return receipt requested, that a sign is to be removed pursuant to subsection 2.
Such notice shall be a final order if not appealed under paragraph B.
If the identity of such owner is not known or reasonably ascertainable by the commissioner, such notice may instead be sent to the owner of the land on which the sign is placed. [1981, c. 318, § 4 (rpr).]

B. The person owning or controlling the sign may, within 30 days of his receipt of the notice to remove, appeal the order of removal to the commissioner and receive a hearing thereon, with a record made of the hearing. The commissioner shall render a decision within 60 days of the hearing. If no appeal is taken from the commissioner's decision, it shall be a final order. Any person aggrieved by the decision of the commissioner made subsequent to the hearing may, within 30 days of the receipt of notice of such decision, appeal to the Superior Court in the county where the sign is located. The appeal shall not be de novo and shall be subject to the Maine Rules of Civil Procedure, Rule 80b. For the purposes of this section, "person aggrieved" shall include the person owning or controlling the sign and any other person who is a resident of the county where the sign is located. A final judgment of a court shall be a final order for purposes of subsection 2. [1981, c. 318, § 4 (rpr).]

[1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1917-A. Unlawful removal of political signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1917-A. Unlawful removal of political signs

1. Taking, defacing or disturbing political sign; civil violation. A person who takes, defaces or disturbs a lawfully placed sign bearing political messages relating to a general election, primary election or referendum commits a civil violation for which a forfeiture of up to $250 may be adjudged. [1989, c. 315 (new).]

2. Application. This section does not apply to:

A. A person authorized by a candidate or political committee to remove signs placed by or at the direction of that candidate or political committee; and [1989, c. 315 (new).]

B. The landowner, or agent of the landowner, on whose property a sign has been placed. [1989, c. 315 (new).]

[1989, c. 315 (new).]

Section History:
PL 1989,
Ch. 315,
§ (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 - §1917. Removal of unlawful signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1917. Removal of unlawful signs

1. Notice to remove. The owner of a sign which was or is unlawfully erected or maintained either prior to or after the effective date of this chapter shall be in violation of this chapter until the sign is removed. The owner of the sign shall remove the sign within 30 days of receipt of a notice to remove, sent by certified mail, return receipt requested, by the commissioner. If the identity of such owner is not known or reasonably ascertainable by the commissioner, such notice may instead be sent to the owner of the land on which the sign is placed. [1981, c. 318, § 4 (rpr).]

2. Commissioner to remove sign. If the owner fails to remove the sign as required, the commissioner shall remove the sign at the expense of the owner without any further notice or proceeding and may recover the expense of this removal from the owner. [1981, c. 318, § 4 (rpr).]

3. Interpretation of chapter. Nothing in this chapter may be interpreted to alter, abridge or in any way interfere with any duty or obligation of a sign owner to remove signs which were nonconforming and illegal prior to January 1, 1975, under the United States Code, Title 23, section 131, as enacted by Public Law 89-285, 89 Congress S. 2084, the "Agreement for carrying out National Policy relative to Control of Outdoor Advertising in Areas adjacent to the National System of Interstate and Defense Highways and the Federal-Aid Primary System" dated December 27, 1967, and as amended on January 3, 1968, executed by and between the United States of America and the State of Maine, under the Maine Revised Statutes, Title 32, sections 2711 to 2723. The intent of this subsection is to preclude any presumption that this chapter is intended to extend the period of use of any sign which became nonconforming and illegal before January 1, 1975, under the state agreement of December 27, 1967, as amended January 3, 1968, and Title 32, sections 2711 to 2723. [1981, c. 318, § 4 (rpr).]

4. Compensation subject to litigation. Whenever the compensation to be paid for removal of any sign is the subject of litigation, pending the litigation such sign shall be removed as provided in subsections 1 and 2. [1981, c. 318, § 4 (rpr).]

5. Summary removal of illegal signs within the public right-of-way. Signs which are erected in nonconformance with this chapter and which are within the limits of any public right-of-way shall be subject to immediate removal by the commissioner. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1979,
Ch. 477,
§13-15 (AMD).
PL 1981,
Ch. 318,
§4 (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 - §1918. Applications licensing of official business directional signs

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1918. Applications licensing of official business directional signs

1. Submitting applications. Any person who is eligible under section 1909 for an official business directional sign may submit to the commissioner a written application therefor, on a form prescribed by the commissioner. The application shall set forth the name and address of the applicant, the name, nature and location of the business, the location where an official business directional sign is desired and such other information as the department may require. The applicant shall tender with the application the standard license fee stated in section 1919 for each sign requested. [1981, c. 318, § 4 (rpr).]

2. Granting licenses. Following receipt of an application for an official business directional sign, the commissioner shall approve or disapprove the application. The commissioner shall not approve an application unless the requested location conforms to the regulations of the commissioner adopted pursuant to this chapter. The granting of licenses for official business directional signs on the interstate systems by the commissioner is contingent upon any requirement precedent to such approval, such as the concurrence of federal officials. If the application is approved, the commissioner shall issue the license. If it is not approved, the commissioner shall return the application and fee, stating the reasons for refusal and giving the applicant an opportunity to correct any defects or to be heard, within 30 days, by the commissioner. Upon written request by the applicant, the commissioner shall hear the matter and notify the applicant of his findings and decision. Any person aggrieved by the decision of the commissioner may, within 30 days of receipt of the notice thereof, appeal to the Superior Court in the county where the sign is proposed to be located. The appeal shall not be de novo and shall be pursuant to the Maine Rules of Civil Procedure, Rule 80b. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1919. Fees

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1919. Fees

An applicant for an official business directional sign shall pay to the commissioner an initial license fee not to exceed $30 for each sign, and an annual renewal fee not to exceed $30. The amount of each fee shall be determined for each year by the commissioner in advance of such year and shall approximate to the extent practicable the amount computed by dividing the cost of the administration of the official business directional sign program by the number of signs in existence in the prior licensing year. [1981, c. 318, § 4 (rpr).] div>
The fees so collected by the commissioner shall be deposited with the Treasurer of State and appropriated to carry out this chapter. Such funds shall not lapse but shall remain a continuing carrying account. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1920. Penalty

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1920. Penalty

Any person, firm, corporation or other legal entity who shall erect, maintain or display a sign contrary to and in violation of this chapter, or the rules and regulations promulgated by the commissioner, shall be punished by a fine of not more than $100 together with the cost of removal of the signs. The unlawful maintenance or display of each sign or advertising structure for any one day shall constitute a separate offense. [1981, c. 318, § 4 (rpr).] div>
In addition to other penalties, the commissioner may, in the name of the state, institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate any violation of this chapter, or any orders or the rules and regulations issued or promulgated hereunder. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1921. Start of enforcement

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1921. Start of enforcement

To provide for the orderly implementation of this chapter, the State shall be divided by the commissioner into traveler information service areas which shall correspond to the Maine highway districts. The commissioner may implement the removal of signs for which compensation is paid on an area by area basis, provided all signs from which compensation is paid shall be removed by January 1, 1982 if federal funds are sufficient under section 1915. [1981, c. 576, § 7 (amd).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (RPR).
PL 1981,
Ch. 576,
§7 (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 - §1922. Local ordinance

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1922. Local ordinance

This chapter shall not supersede the provisions of any other statute, regulation, ordinance or resolution, the requirements of which are more strict than those of this chapter and not inconsistent therewith, whether such ordinance, bylaw, regulation, resolution or statute was enacted before or after the effective date of this chapter. It shall not be inconsistent with this chapter if such statute, regulation, ordinance or resolution prohibits official business directional signs. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1923. Agreements with United States

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1923. Agreements with United States

The commissioner is authorized, empowered and directed to enter into agreements with the United States or its agencies and subdivisions to control signs in accordance with national standards, this chapter and the best interests of the State. Nothing in this chapter may abridge any agreements with the United States in force on the effective date of this chapter. [1981, c. 318, § 4 (rpr).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (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 - §1924. License or permits under repealed Title 32, chapter 38

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1924. License or permits under repealed Title 32, chapter 38

1. License. Any license issued pursuant to repealed Title 32, section 2713, shall remain in effect for 6 years from January 1, 1978, provided a licensee shall apply annually and pay the annual fee to the commissioner provided in repealed Title 32, section 2713. This subsection shall not allow the erection of any sign, pursuant to that license, after January 1, 1978, nor shall this subsection allow the maintenance of any sign removed pursuant to sections 1915 and 1916. [1981, c. 318, § 4 (rpr).]

2. Fee permit. Any permit for which a fee is paid and which is issued pursuant to repealed Title 32, section 2714, shall remain in effect until the sign for which it is issued is removed pursuant to this chapter, provided a permittee shall apply annually and pay the annual fee to the commissioner provided in repealed Title 32, section 2714. [1981, c. 318, § 4 (rpr).]

3. Existing directional signs. Upon implementation of this chapter, the commissioner may remove, or require to be removed, any existing directional sign erected and maintained pursuant to section 1153, Title 32, section 2722 prior to its repeal, and any sign erected and maintained pursuant to Title 32, section 2715 prior to its repeal, which does not qualify as an on-premise sign as defined by section 1914, or as an official business directional sign as defined by this chapter, no later than 6 years after January 1, 1978. [1981, c. 576, § 8 (amd).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1977,
Ch. 696,
§198-200 (AMD).
PL 1979,
Ch. 477,
§16 (AMD).
PL 1981,
Ch. 318,
§4 (RPR).
PL 1981,
Ch. 576,
§8 (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 - §1925. Administration of chapter

Title 23: HIGHWAYS
Part 1: STATE HIGHWAY LAW
Chapter 21: MAINE TRAVELER INFORMATION SERVICES

§1925. Administration of chapter

The commissioner shall administer this chapter with the advice of the Travel Information Advisory Council. The commissioner may employ, subject to the Civil Service Law, clerical and other assistants required for the administration of this chapter. The commissioner may delegate to personnel of the Department of Transportation the authority to administer this chapter. The commissioner may promulgate rules to administer the various provisions of this chapter that are consistent with the provisions thereof. The commissioner may execute contracts and other agreements to carry out the purposes of this chapter. [1985, c. 785, Pt. B, Â§ 104 (amd).]

1. [1981, c. 318, Â§ 4 (rp).]

2. [1981, c. 318, Â§ 4 (rp).]

Section History:
PL 1977,
Ch. 494,
§1 (NEW).
PL 1981,
Ch. 318,
§4 (RPR).
PL 1985,
Ch. 785,
§B104 (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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