Maine Statute | Act | Code |Title 23. Highways| US Code - US Statute | Chapter 305. Construction, Maintenance And Repair

Title 23 - §3051. Road machines used after August 10th (REPEALED)

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 1: PUBLIC WAYS

§3051. Road machines used after August 10th (REPEALED)

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 - §3052. Materials placed on roadside; removal

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 1: PUBLIC WAYS

§3052. Materials placed on roadside; removal

If any municipality in the construction or repair of its highways places any stone, sod or other material upon land within the limit of any highway which the owner has cleared from stone and smoothed so that it is tillable land and so used, said municipality shall within 30 days remove the same from such land. Failing to do this, the owner of said land may remove such stone, sod or other material therefrom and be paid the same price per hour for such removal as is paid by said municipality for labor in the construction and repair of its roads.
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 - §3053. Contracts for construction of bridges (REPEALED)

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 1: PUBLIC WAYS

§3053. Contracts for construction of bridges (REPEALED)

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 - §3054. Performance bonds required

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 1: PUBLIC WAYS

§3054. Performance bonds required

No contract shall be awarded unless its faithful performance shall be secured to the State by a bond in penal sum of not less than 20% of the amount of the contract.
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 - §3101. Call of meetings; repairs

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 2: PRIVATE WAYS

§3101. Call of meetings; repairs

Except as provided in this section, when 4 or more parcels of land are benefited by a private way or bridge as an appurtenant easement or by fee ownership of the way or bridge, the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by different persons, may make written application to a notary public to call a meeting, who may issue a warrant setting forth the time, place and purpose of the meeting, copies of which must be posted at some public place in the town and mailed to the owners of all the parcels benefited by the way at the addresses set forth in the municipal tax records, at least 30 days before such time. When so assembled, they may choose a commissioner, to be sworn, and they may determine what repairs are necessary and the materials to be furnished or amount of money to be paid by each owner for the repairs and the manner of calling future meetings. This section does not apply to ways constructed or primarily used for commercial or forest management purposes. As used in this section, "repairs" does not include paving, except to repair existing pavement or in locations where limited paving is demonstrated to be a cost-effective approach for fixing an erosion problem. [1999, c. 552, §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 - §3102. Commissioner's duties; neglect of owners to pay

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 2: PRIVATE WAYS

§3102. Commissioner's duties; neglect of owners to pay

The commissioner chosen under section 3101, with respect to the way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. The commissioner's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an individual owner's property valuation in any calendar year. [1999, c. 552, §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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §3103. Contracts for repair; assessments

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 2: PRIVATE WAYS

§3103. Contracts for repair; assessments

The owners, at a meeting held under section 3101, may authorize a contract to be made for making and keeping the way or bridge in repair by the year or for a less time; may raise money for that purpose and choose assessors to assess it on the owners in proportion to their interests, who shall deliver their assessment with a warrant for its collection to the commissioner. The warrant must be in substance such as is prescribed for collection of town taxes. The commissioner shall collect the same as town taxes are collected, and be liable for neglect of duty as town collectors are for similar neglects. [1997, c. 682, §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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §3104. Penalties and process

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 2: PRIVATE WAYS

§3104. Penalties and process

Money recovered under sections 3102 and 3103 is for the use of such owners. In any process for its recovery, a description of the owners in general terms as owners of parcels of land benefited by the way or bridge, clearly describing the way or bridge, is sufficient. Such process is not abated by the death of any owner or by the transfer of any owner's interest. [1997, c. 682, §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
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 23 - §3105. Use of town equipment

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 2: PRIVATE WAYS

§3105. Use of town equipment

The inhabitants of any town or village corporation at a legal town or village corporation meeting may authorize the selectmen of the town or assessors of the village corporation to use its highway equipment on private ways within such town or village corporation, whenever such selectmen or assessors deem it advisable in the best interests of the town or village corporation for fire and police protection.
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 - §3151. Bridle paths and trails; damages

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 3: BRIDLE PATHS AND TRAILS

§3151. Bridle paths and trails; damages

Bridle paths and trails may be laid out, altered or discontinued by any town or city within such town or city on petition therefor in the same manner as is provided by law for the laying out, altering or discontinuing of town ways in a town or city streets in a city, except that no cultivated or improved land shall be taken without the consent of the owner and a 23 vote shall be required for the acceptance of such paths and trails by any town. All provisions now in force as to assessment of damages and appeal therefrom in cases of laying out, altering and discontinuing town ways in towns or city streets shall apply to laying out, altering and discontinuing bridle paths and trails, except that the petitioners shall have no right of appeal.
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 - §3152. Town regulations apply

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 3: BRIDLE PATHS AND TRAILS

§3152. Town regulations apply

Bridle paths and trails, when laid out and accepted under section 3151, shall be subject to such regulations as to use as may be established by the city or town laying them out.
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 - §3153. No obligation to keep open in winter; bridges to be safe; signs

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 3: BRIDLE PATHS AND TRAILS

§3153. No obligation to keep open in winter; bridges to be safe; signs

Cities and towns maintaining bridle paths and trails mentioned in sections 3151 and 3152 shall not be under any obligation to keep them in repair or to break them out in winter. If any city or town shall erect a bridge on such bridle path or trail, it shall be under the same obligation to keep such bridge in a safe condition for the use of horses and riders as it is now under to keep highway bridges in repair for the purposes for which they are used. Such city or town shall erect at the entrance of such bridle paths and trails suitable signs, signifying that they are bridle paths or trails only, and not for use of vehicles, and that persons may use them at their own risk.
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 - §3201. Removal required; damages

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 4: SNOW REMOVAL

§3201. Removal required; damages

When any ways are blocked or encumbered with snow, the road commissioner shall forthwith cause so much of it to be removed or trodden down as will render them passable. The town may direct the manner of doing it. In case of sudden injury to ways or bridges, he shall without delay cause them to be repaired. All damage, accruing to a person in his business or property through neglect of such road commissioner or the municipal officers of such town to so render passable ways that are blocked or encumbered with snow, within a reasonable time, may be recovered of such town by a civil action.
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 - §3202. Mail routes; snow fences

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 4: SNOW REMOVAL

§3202. Mail routes; snow fences

There shall be furnished and kept in repair in each section of the town through which there is a mail route some effectual apparatus for opening ways obstructed by snow, to be used to break and keep open the way to the width of 10 feet, and the municipal officers of towns, or any road commissioner under their direction, may take down fences upon the line of public highways when they deem it necessary to prevent the drifting of snow therein, but they shall in due season be replaced, in as good condition as when taken down, without expense to the owner.
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 - §3251. Ditches, drains and culverts; control; damages

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 5: DRAINAGE AND WATERCOURSES

§3251. Ditches, drains and culverts; control; damages

The municipal officers of a town may at the expense of the town construct ditches, drains and culverts to carry water away from any highway or road therein, and over or through any lands of persons or corporations, when they deem it necessary for public convenience or for the proper care of such highway or road, provided no such ditch, drain or culvert shall pass under or within 20 feet of any dwelling house without the consent of the owner thereof. Such ditches, drains and culverts may be constructed under such highways or roads. Such ditches, drains or culverts shall be under the control of said municipal officers and interference therewith may be punishable by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both. If such town does not maintain and keep in repair such ditches, drains and culverts, the owner or occupant of the lands through or over which they pass may have his action against the town for damages thereby sustained. div>
Before land is so taken, notice shall be given and damages assessed and paid therefor as is provided for the location of town ways.
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 - §3252. Drainage or obstruction of public ways

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 5: DRAINAGE AND WATERCOURSES

§3252. Drainage or obstruction of public ways

1. Change in drainage; obstruction. A person, personally or through the person's agents or servants, may not do any of the following acts in a manner that changes the drainage of a public way or obstructs a public way:

A. Cultivate, in connection with the improvement of lands adjacent to a public way, any portion of the wrought portion of a public way; [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

B. Turn teams, tractors, farm machinery or other equipment upon the wrought portion of a public way; or [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

C. Deposit within or along any ditch or drain in a public way any material that will obstruct the flow of water in the ditch or drain or otherwise obstruct the way. With the written consent and in accordance with specifications of the legal authorities having supervision of the ditch or drain, a person may, to provide egress and regress to and from lands occupied by that person, lawfully construct and maintain a bridge across the ditch or drain. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

[2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

2. Penalties. The following penalties apply to violations of this section.

A. A person who intentionally or knowingly violates subsection 1 commits a civil violation for which a fine of not more than $50 plus costs may be adjudged. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

B. A person who intentionally or knowingly violates subsection 1 after having previously violated this section commits a civil violation for which a fine of not more than $100 plus costs may be adjudged. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

All fines recovered under this section, except in cases where the way involved was maintained by the State, must be paid to the treasurer of the municipality, or, for an unorganized place, to the treasurer of the county, where such offense is committed and must be expended in the construction and maintenance of public ways or drains therein. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

3. Damages. In addition to the fines under subsection 2, a person who intentionally or knowingly violates subsection 1 is liable for double the amount of the actual damage, to be recovered in a civil action by the municipality, or, in behalf of any unorganized place, by the county where the offense is committed. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

4. Jurisdiction. In all prosecutions under this section, the District Court has, upon complaint, jurisdiction concurrent with the Superior Court. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

5. Application. This section does not apply to a person having legal supervision of a public way. [2003, c. 452, Pt. L §7 (new); Pt. X, §2 (aff).]

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 - §3253. Violations; jurisdiction (REPEALED)

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 5: DRAINAGE AND WATERCOURSES

§3253. Violations; jurisdiction (REPEALED)

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 - §3254. Complaints

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 5: DRAINAGE AND WATERCOURSES

§3254. Complaints

When the attention of a municipal officer, or, for an unorganized place, a county commissioner, is directed to a violation of section 3252 within the municipal officer's or county commissioner's jurisdiction, the municipal officer or county commissioner shall enter a complaint against the offender and prosecute the violation to final judgment. [2003, c. 452, Pt. L, §9 (rpr); Pt. X, §2 (aff).]
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 - §3255. Watercourses not to injure property; remedy

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 5: DRAINAGE AND WATERCOURSES

§3255. Watercourses not to injure property; remedy

No road commissioner, without written permission from the municipal officers, shall cause a watercourse to be so constructed by the side of a way as to incommode any person's house or other building or to obstruct anyone in the prosecution of his business. Any person so aggrieved may complain to the municipal officers, who shall view the watercourse and may cause it to be altered as they direct.
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 - §3271. Definitions

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 6: BARRIERS (HEADING: PL 1987, c. 75 (new))

§3271. Definitions

As used in this subchapter, unless the context indicates otherwise, the following words have the following meanings. [1987, c. 75 (new).]

1. Barrier. "Barrier" means any wire, cable, cable wire, chain link, lumber, gate or other similar device placed or erected across a town way for the purpose of barring access to that way. [1987, c. 75 (new).]

2. Town way. "Town way" means an area or strip of land designated and held by a municipality for passage by motor vehicles. [1987, c. 75 (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 - §3272. Marked barriers

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 6: BARRIERS (HEADING: PL 1987, c. 75 (new))

§3272. Marked barriers

The municipal officers of any municipality that erects or places a barrier across a town way shall cause the barrier to be marked in a manner that causes the barrier to be visible to a person traveling on the town way towards the barrier on a snowmobile, all-terrain vehicle, motorcycle or similar vehicle. The officers shall cause the barrier to be marked in a manner making the barrier visible at a distance that is a reasonable stopping distance. A barrier may be marked by flags, fluorescent coloring, signs or in any other manner making the barrier visible as required in this section. [1987, c. 75 (new).] div>
The municipal officers shall cause barriers marked under this section to be inspected periodically to ensure that the marking remains. [1987, c. 75 (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 - §3273. Penalty

Title 23: HIGHWAYS
Part 3: LOCAL HIGHWAY LAW
Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
Subchapter 6: BARRIERS (HEADING: PL 1987, c. 75 (new))

§3273. Penalty

Any person who violates section 3272 commits a civil violation for which a forfeiture not to exceed $500 may be adjudged. [1987, c. 75 (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

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