23 M.R.S. § 562 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 562
23 §562. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

1. Average annual daily traffic. "Average annual daily traffic" or "AADT" means the average annual daily traffic as determined by the department using accepted engineering practices. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

2. Bridge. "Bridge" means a structure, including supports, designed principally to carry motor vehicles that is erected over a depression or an obstruction, such as water, a highway or a railway, and has an opening measured along the center of the roadway of more than 20 feet between the undercropping of abutments or spring lines of arches or the extreme ends of openings for multiple boxes. It also includes multiple pipes when the clear distance between openings is less than 1/2 of the smaller contiguous opening. Issues arising regarding the definition of "bridge" must be resolved in accordance with the method specified in a publication entitled "Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges" published by FHWA, or any subsequent replacement publication by FHWA. "Bridge" is defined in accordance with the FHWA definition. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

3. Capital improvement. "Capital improvement" means the creation of, addition to or restoration of structural or functional capacity of a structure. "Capital improvement" includes construction of new structures, replacement of existing structures, removal of closed structures and rehabilitation of existing structures. Rehabilitation differs from maintenance in that it makes comprehensive structural or functional improvements that impact serviceability for at least 20 years, whereas similar maintenance is restricted to repairs to individual members of a structure or isolated areas of a structure. "Capital improvement" includes the cost of property acquisition, permitting, design, construction, traffic control, supervision and administration and all related costs. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

4. Capital responsibility. "Capital responsibility" means the responsibility to provide all resources needed to make capital improvement to a structure. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

5. Culvert. "Culvert" means any pipe or other structure that has a span of less than 10 feet or multiple pipes or other structures with a combined opening of less than 80 square feet in area. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

6. Detour length. "Detour length" means the shortest distance measured along a public way from one abutment of a bridge to the other abutment that would result if the bridge were closed. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

7. Federal Highway Administration. "Federal Highway Administration" or "FHWA" means an agency of the United States Department of Transportation. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

8. Low use bridge. "Low use bridge" means a bridge with an AADT of under 100 motor vehicles. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

9. Maintenance. "Maintenance" means the work necessary to preserve a structure's existing structural or functional capacity and integrity and to abate deterioration of its components. Maintenance is not intended to increase or fully restore structural or functional capacity. Maintenance is performed to ensure safety of a user of the structure or the structure in response to vehicular accident damage, flood damage or ice damage or unanticipated component failure. Maintenance normally is scheduled for routine operations or to address limited deficiencies found in periodic inspections. [RR 2001, c. 1, §28 (COR).]

10. Maintenance responsibility. "Maintenance responsibility" means the responsibility to provide all resources needed to perform maintenance on a structure. "Maintenance responsibility" does not include snow and ice control. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

11. Minor span. "Minor span" means a structure designed principally to carry motor vehicles that is larger than a culvert but has a span less than that required to be defined as a bridge. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

12. Municipality. "Municipality" means any unit of municipal government, including towns, cities, plantations and unorganized townships. "Municipality" includes departments or bureaus of State Government and quasi-independent agencies or boards of State Government that are responsible for structures on public highways, excepting the Maine Turnpike Authority. In cases of unorganized townships, "municipality" means county. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

13. Property valuation. "Property valuation" means the value of all taxable property in a municipality based upon 100% of the current market value as determined by the State Tax Assessor. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

14. Redundant bridge. "Redundant bridge" means a bridge in which the AADT multiplied by the detour length in miles is less than 200. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

15. Structure. "Structure" means a bridge or minor span. [PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]
23 M.R.S. § 7204 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7204
23 §7204. Recording adjudications of Department of Transportation
Status: in_force

Adjudications of the Department of Transportation relating to ways shall be recorded in the office in which the location of the way must be recorded. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 3606 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3606
23 §3606. Assessment for improvements
Status: in_force

Whenever a majority of the abutters in number and value upon any street or road in the thickly settled portion of any city or town shall in writing petition the city government or municipal officers of the town to improve said street or road by grading, parking, curbing, graveling, macadamizing, paving or in any other way making a permanent street of the same, or any part thereof, and to provide for the making and reconstructing of such street improvements, and such improvements are made, 2/3 of the cost thereof may be assessed on the property adjacent to and bounded on said street or road in the manner and with the same right of appeal provided in sections 3601 to 3605 , which are made applicable to such assessments.
23 M.R.S. § 754 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 754
23 §754. Town maintenance in compact areas
Status: in_force

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 Local Road Assistance Program, established in chapter 19, subchapter 6 . The amounts collected from these towns must be added to the fund for maintenance of state and state aid highways. [PL 2011, c. 652, §2 (AMD); PL 2011, c. 652, §14 (AFF).]

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. [PL 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. [PL 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. [PL 1999, c. 473, Pt. C, §3 (NEW).] [PL 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, as determined using the decennial United States census, or the municipality meets the definition of a compact or built-up section under section 2 , 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. [PL 2007, c. 417, §1 (AMD).]
23 M.R.S. § 7222 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7222
23 §7222. Crossings designated
Status: in_force

The Department of Transportation shall designate by general orders, which may be issued without formal notice or hearing, the grade crossings in this State at which, from all points on the highway or other way within 300 feet of these crossings, and on either side of the crossings, measured along the highway or way, a traveler on the way carrying the crossing can have a fair view of an approaching train, engine or car continuously from the time the train, engine or car is 300 feet from the crossing, until it has passed over the crossing, either under existing conditions or by bushes, trees, fences, signboards or encroachments being trimmed, cut down or removed. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 3356 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3356
23 §3356. Skill required
Status: in_force

If the work or any part of the work mentioned in sections 3351 to 3355 of repairing or filling the trenches or excavations is unskillfully or improperly done, the road commissioner, the commissioner of public works or such officer as the municipal officers may appoint in the absence of a commissioner may immediately cause the work or any part of the work to be skillfully and properly done and shall keep an account of the expense. In such case, such person or persons, firm, corporation or bridge or water district in default shall forfeit and pay a penalty equal to the whole of the expense incurred by the municipality, with an addition of 50%. Thereafter, upon the completion of the work and the determination of the costs, the commissioner or appointee may not issue a further or new permit to any person or persons, firm, corporation or bridge or water district in default until the municipality receives, in addition to the fees provided, the amount of the penalty as by this section provided and determined. [PL 1999, c. 337, §7 (AMD).]
23 M.R.S. § 3357 — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3357
23 §3357. Relaying of pavement
Status: in_force

When any excavation is made in any paved public highway and the trench has been filled as required by sections 3355 and 3356 , the municipality shall relay the pavement or enter into an agreement for relaying of the pavement by the permittee. If the municipality relays the pavement, the cost of relaying the pavement, including materials, labor and inspection, must be paid out of any money in the municipal treasury standing to the credit of the regular fund for this purpose. [PL 1999, c. 337, §8 (AMD).]
23 M.R.S. § 4003 — ME Code / Title 23 / Part 4 / Chapter 401 / Section 4003
23 §4003. No new petition for one year
Status: in_force

If the final decision of the commissioners or of the committee is against the prayer of the petition provided for in section 4001 , no new petition for the same road shall be entertained by the commissioners for one year thereafter.
23 M.R.S. § 156 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 156
23 §156. Hearing before board
Status: in_force

The State Claims Commission shall immediately enter the petition of the department upon its docket and assign a date for hearing at the earliest possible date. The chairman of the board shall assign no more than 3 members of the board for hearings, one of whom shall be an appraiser and one an attorney at law. Notice of the time and place for the hearing shall be mailed by registered or certified mail to the department and to the owner or owners of record and to the holders of any mortgage, tax lien or any other encumbrance on the property involved at least 14 days before the date of the hearing. In the event the notice required is returned to the State Claims Commission marked "refused" or "unclaimed" by the United States post office, the State Claims Commission may, at its option, reschedule the hearing by giving the notice required in this paragraph, or it may cause the matter to be heard on the day originally scheduled by causing service to be made upon the party not served by certified or registered mail in a manner allowed for service of a summons on a complaint in the Superior Court, which notice shall be served at least 5 days before the originally scheduled hearing. The hearing shall be held in quarters suitable for a full presentation of all evidence and located as conveniently as possible for all interested parties in the county where the land is situated. Before making an award, the State Claims Commission shall view the property involved with or without the presence of the interested parties, but it shall first notify the interested parties of the time when it will view the property. The department shall be represented at the hearing and may present in open hearing evidence as to title, engineering maps and data, and its opinion, evidence and appraisal or appraisals as to the fair market value of the property involved before and after the taking. In all matters where a verbatim record of the proceedings is made by an official board reporter, a transcript of the same shall be furnished to the interested parties, upon request, and upon payment of a reasonable charge for transcribing and preparing such record. In making its award, the State Claims Commission shall not be limited by the range of testimony produced before it but may reach its decision on the basis of the view, the testimony and its own judgment. The State Claims Commission may continue a hearing from time to time for cause shown or by agreement of parties; and where such continuance is made at the request of the landowner, may require that interest be waived for the period of the continuance. [PL 1987, c. 395, Pt. A, §98 (AMD).]

As promptly as possible after the conclusion of the hearing, the State Claims Commission shall make an award in writing specifying: [PL 1987, c. 395, Pt. A, §98 (AMD).]

1. Owners and encumbrances. The owner or owners of record and the holder of any mortgage, tax lien or other encumbrance of record; [PL 1965, c. 297, §6 (AMD).]

2. Nature of interest taken. The nature of the interest taken;

3. Commission's decision on elements of damage. The State Claims Commission's decision as to each of the elements of damage listed in section 154, subsection 2 or 3 , or the elements of damage as set forth in section 154, subsection 4 , and such other elements of damage as are legally compensable; [PL 1987, c. 395, Pt. A, §98 (AMD).]

4. Gross damage. The gross damage which shall be the net damage not including interest; [PL 1965, c. 297, §7 (RPR).]

5. Net amount of award. The net amount of the award which shall be the net damage less the amount paid the owner or owners at the date of taking; [PL 1965, c. 297, §8 (NEW).]

6. Interest on award. The interest, if any, due on the net amount of the award from the date of taking to the date of the award; [PL 1965, c. 297, §8 (NEW).]

7. Award. The award which shall be the net damage, less the amount paid the owner or owners at the date of taking plus interest on the net amount of the award; and [PL 1981, c. 470, Pt. A, §130 (AMD).]

8. Withholding. The withholding, if any, authorized pursuant to section 244‑A, subsection 4 . [PL 1973, c. 22, §1 (NEW).]

No interest may be allowed on so much of the net damage that has been paid to the owner or owners. [PL 1991, c. 684, §2 (RPR).]

An attested copy of each award must be sent immediately to the Department of Transportation and to the party or parties named in the award. The State Claims Commission shall state by letter sent to all parties the date it issues its decision of the award. If no appeal is taken within 30 days of the date of issuance of the commission award pursuant to section 157 , the Department of Transportation shall, within 60 days from the date of issuance of the commission award, pay the awarded amount to the party or parties named in the award. [PL 2009, c. 265, §1 (RPR); PL 2009, c. 265, §3 (AFF).]

Service as required by this section must be made in the manner prescribed by Rule 5 of the Maine Rules of Civil Procedure. [PL 1991, c. 684, §3 (RPR).]

Upon certification by the Department of Transportation that after due diligence the address of owners of record can not be determined or when the State Claims Commission notice by mail is returned to the commission unclaimed or unknown or where personal service can not be made, the chair of the commission may order service by publication. Notice of the time and place of the review and hearing must be published once in a newspaper of general circulation in the county in which the subject property is located. The commission shall then proceed with the hearing as in other cases and the appeal provisions must be available to the Department of Transportation and the record owner or owners, or any one of them, who appears and makes application for appeal pursuant to section 157 . [PL 1991, c. 684, §4 (AMD).]

The chair of the State Claims Commission may appoint a guardian ad litem to protect the interest and rights of any minor or incompetent persons notified under this section and determine and set reasonable compensation for that guardian ad litem. This compensation must be paid by the Department of Transportation. [PL 1991, c. 684, §5 (NEW).]

After the appeal period from the decree of the State Claims Commission or a judgment of any court has expired, any sum of money directed by a decree of the commission or by a judgment of any court to be paid over that remains unclaimed for 60 days must be disposed of consistent with Title 33, chapter 45 . [PL 2019, c. 498, §12 (AMD).]

Notwithstanding Title 1, section 302 , this section applies to all actions and proceedings pending on September 14, 1979. [PL 1991, c. 684, §7 (AMD).]
23 M.R.S. § 7208 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7208
23 §7208. Damages for neglect
Status: in_force

When the corporation unnecessarily neglects to perform the acts so required, those injured may recover damages in a civil action, commenced within one year after performance is required. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 1010 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1010
23 §1010. Rental price for snow removal equipment; reimbursement
Status: in_force

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. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 402 — ME Code / Title 23 / Part 1 / Chapter 9 / Section 402
23 §402. Maintenance
Status: in_force

The cost of maintenance of all bridges on state highways, and all approaches thereto, shall be borne wholly by the State.
23 M.R.S. § 1905 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1905
23 §1905. Official tourist information centers
Status: in_force

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. [PL 1983, c. 477, Pt. E, Subpt. 26, §6 (AMD).]
23 M.R.S. § 4426 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4426
23 §4426. Conflict of interest
Status: in_force

No member, officer or employee of the Maine Port Authority may acquire any interest, direct or indirect, in any contract or proposed contract of the authority nor may any member, officer or employee participate in any decision on any contract entered into by the authority if he has any interest, direct or indirect, in any firm, partnership, corporation or association which will be party to such contract or financially involved in any transaction with the authority, except this prohibition shall not be applicable to the acquisition of any interest in notes or bonds of the authority issued in connection with any contracts or agreements of the authority or to the execution of agreements by banking institutions for the deposit or handling of authority funds in connection with any contract or to act as trustee under any trust indenture or to utility services, the rates for which are fixed or controlled by a governmental agency. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 1611 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1611
23 §1611. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 329, Pt. P, §1 (NEW).]

1. Bank. "Bank" means the Maine Municipal Bond Bank, established under Title 30-A, chapter 225 . [PL 2007, c. 329, Pt. P, §1 (NEW).]

2. GARVEE bond. "GARVEE bond" means a grant anticipation revenue vehicle debt financing instrument repaid with federal highway funds as authorized by 23 United States Code, Section 122. [PL 2007, c. 329, Pt. P, §1 (NEW).]

3. Qualified transportation project. "Qualified transportation project" means a project to reconstruct, rehabilitate or replace existing bridges and existing arterial highways that: A. Will forward applicable transportation capital improvement planning and delivery goals established by the Legislature for the Department of Transportation; [PL 2007, c. 329, Pt. P, §1 (NEW).] B. Has a useful life of 20 years or more; and [PL 2007, c. 329, Pt. P, §1 (NEW).] C. Meets eligibility requirements of the United States Department of Transportation, Federal Highway Administration. [PL 2007, c. 329, Pt. P, §1 (NEW).] "Qualified transportation project" does not include a project that predominantly consists of a new highway on a new location or a new bridge on a new location, other than a replacement bridge located in close proximity to the bridge it is replacing, unless specifically approved by the Legislature. [PL 2007, c. 329, Pt. P, §1 (NEW).]

4. Qualified transportation project costs. "Qualified transportation project costs" includes, without limitation: A. The purchase price or acquisition of any properties or interest in those properties or other rights necessary or convenient for the project; [PL 2007, c. 329, Pt. P, §1 (NEW).] B. The costs of the study, permitting and engineering of the project, including the preparation of plans and specifications, surveys and estimates of cost; [PL 2007, c. 329, Pt. P, §1 (NEW).] C. The costs of construction, reconstruction, paving, repaving, building, alteration, repair, restoration, environmental review or remediation, enlargement or other improvement, including all labor, materials, machinery, fixtures and equipment, including rolling stock or vehicles; [PL 2007, c. 329, Pt. P, §1 (NEW).] D. The costs of engineering, architectural, legal and other professional services; [PL 2007, c. 329, Pt. P, §1 (NEW).] E. The costs of reserves, insurance, letters of credit or other financial guarantees for payment of future debt service on bonds or notes; and [PL 2007, c. 329, Pt. P, §1 (NEW).] F. All other costs or expenses necessary or convenient to the project, including financing or refinancing costs. [PL 2007, c. 329, Pt. P, §1 (NEW).] [PL 2007, c. 329, Pt. P, §1 (NEW).]

5. Revenue. "Revenue" means, in the case of bonds or notes issued by the bank to finance the qualified transportation projects, payment of funds derived from the United States Department of Transportation, Federal Highway Administration and any other investment, gift, grant, contribution, appropriation and income and any other amount pledged to secure payment of such bonds or notes. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 307 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 307
23 §307. Powers as supplementary and additional
Status: in_force

This chapter shall be considered supplementary and in addition to any and all other powers now exercised by the department. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 6005 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6005
23 §6005. Limitation of right to enter or take land
Status: in_force

The land taken shall not be entered upon, except to make surveys, before the location has been filed and the damages estimated and secured as provided. No railroad corporation may take, without consent of the owners, meetinghouses, dwelling houses or public or private burying grounds. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1005-A — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1005-A
23 §1005-A. Accidents; snow fences; appeals
Status: in_force

1. Accidents. The State or the town shall not be liable for accidents while the road surface is covered with snow or ice. [PL 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. [PL 1981, c. 492, Pt. C, §15 (NEW).]
23 M.R.S. § 5189 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5189
23 §5189. New corporation may buy right of redemption
Status: in_force

Any corporation formed under this chapter by the holders of railroad bonds may acquire, by purchase, the right of redemption under the mortgage securing the bonds. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 154-C — ME Code / Title 23 / Part 1 / Chapter 3 / Section 154-C
23 §154-C. Uneconomic remnants
Status: in_force

If the acquisition of only a portion of a property would leave the owner of record with an uneconomic remnant the department may, or at the request of the owner shall, acquire by purchase or condemnation the entire property. An uneconomic remnant is a parcel of real property in which the owner would be left with an interest which the department has determined has little or no value or utility to the owner. [PL 1989, c. 208, §2 (RPR).]
23 M.R.S. § 1912 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1912
23 §1912. Permitted locations
Status: in_force

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. [PL 1981, c. 318, §1 (RPR).]

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. [PL 1981, c. 318, §1 (RPR).]
23 M.R.S. § 1117 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1117
23 §1117. Adopt-A-Highway Program
Status: in_force

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. [PL 1999, c. 152, Pt. G, §1 (AMD).]
23 M.R.S. § 6073 — ME Code / Title 23 / Part 7 / Chapter 609 / Section 6073
23 §6073. Appointment
Status: in_force

The Commissioner of Public Safety may commission and rescind the commissions of all railroad police officers in the State. The commissioner may commission and rescind the commissions of railroad police officers recommended and appointed by the chief police officer, or in his absence the chief operating officer of any railroad located wholly or partially within the State. Railroad police officers shall be qualified persons as defined in section 6072, subsection 1 , and are subject to the existing rules of the commissioner. Nothing contained in this Act may relieve any railroad from any civil liability for acts of a policeman in exercising or attempting to exercise the powers conferred by this Act. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1912-B — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1912-B
23 §1912-B. Logo signs on the interstate system
Status: in_force

The commissioner may authorize the placement of logo signs within the right-of-way of the interstate system except for that portion owned by the Maine Turnpike Authority. To implement this section, the commissioner shall adopt rules that include provisions that regulate the size, shape and location of logo signs, the application procedure for permission to erect a logo sign, the criteria for selection among applicants, allocation of available logo sign space and fees to produce, place and maintain a logo sign. Notwithstanding Title 5, section 8071, subsection 3 , rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Logo signs for exits on the Maine Turnpike are governed by rules adopted pursuant to section 1965, subsection 1, paragraph U . A logo sign may not be larger than existing service information signs permitted on the interstate highway and may include only logos for gas, food, lodging, camping and attractions. [PL 2013, c. 549, §2 (AMD).]
23 M.R.S. § 4403 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4403
23 §4403. Ferry service between mainland and islands in Casco Bay
Status: in_force

Whenever it is determined by the Public Utilities Commission that ferry transportation for persons and property between the mainland and the islands in Casco Bay located within the limits of the City of Portland and the Town of Cumberland can no longer feasibly be provided by private operators at rates established by the Public Utilities Commission, the Department of Transportation shall take such means as necessary to provide the service, either through contract with private operators or by acquiring and operating the necessary facilities as provided in this section. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 7015 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7015
23 §7015. Prevention and response plans and environmental impact analysis
Status: in_force

Within 180 days of the effective date of this section, a railroad company shall submit to the Commissioner of Environmental Protection a prevention and response plan including the environmental impact analysis submitted to the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration. The railroad company shall also provide any updates submitted to the Pipeline and Hazardous Materials Safety Administration to the Commissioner of Environmental Protection. [PL 2023, c. 618, §3 (NEW).]
23 M.R.S. § 2752 — ME Code / Title 23 / Part 3 / Chapter 301 / Section 2752
23 §2752. Division by commissioners
Status: in_force

A highway may be laid out on the line between towns, part of its width being in each, and the commissioners may then make such division of it and enter the same of record, and each town shall be liable in all respects as if the way assigned to it were wholly in the town.
23 M.R.S. § 708 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 708
23 §708. Highway lighting
Status: in_force

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. [PL 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. [PL 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; [PL 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; [PL 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 [PL 1991, c. 481, §2 (NEW).] D. The commissioner ensures that consideration is given to minimizing glare and light trespass. [PL 1991, c. 481, §2 (NEW).] [PL 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; [PL 2005, c. 482, §1 (AMD).] B. The commissioner determines that there is a compelling safety interest that can not be addressed by any other method; or [PL 2005, c. 482, §1 (AMD).] C. The commissioner determines that a lighting installation is related to a department bridge project of state and regional significance and is supported by municipalities directly affected by the installation. [PL 2005, c. 482, §1 (NEW).] [PL 2005, c. 482, §1 (AMD).]
23 M.R.S. § 1501 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1501
23 §1501. Matching federal funds
Status: in_force

Upon application of the municipal officers of any municipality, the Department of Transportation may permit, subject to the statutes governing the allocation of highway funds to municipalities and the expenditure of same, such municipality to expend highway funds made available by the State to such municipality to match federal funds in the sponsoring of work projects for the improvement and construction of ways and bridges in such municipality. Nothing in this section shall be construed as authorizing the department or the municipal officers of any municipality to ignore or disregard an express authorization from the Legislature in regard to the use of any funds for any expressly designated purpose. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 4431 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4431
23 §4431. Report to Legislature; departmental review of certain fiscal items
Status: in_force

1. Annual report. Beginning January 1, 2023, on an annual basis, the Maine Port Authority shall present a report of the authority's activities for the preceding fiscal year, including a report of its receipts and expenditures from all sources and a description of progress toward its strategic goals, to the Legislative Council and send copies to the joint standing committee of the Legislature having jurisdiction over transportation matters and to the Commissioner of Transportation. [PL 2021, c. 555, §7 (NEW).]

2. Budget and fiscal items affecting department. Beginning May 1, 2023, on an annual basis, the executive director shall present the portions of the operating budget, the capital plans and all other fiscal items of the Maine Port Authority that affect the budgets, capital planning or work plans of the Department of Transportation for the next fiscal year to the Commissioner of Transportation for approval. The Maine Port Authority may make expenditures regarding such items only in accordance with allocations approved annually by the commissioner or in accordance with changes approved by the commissioner or the commissioner's designee. [PL 2021, c. 555, §7 (NEW).]
23 M.R.S. § 5142 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5142
23 §5142. Trains crossing at same hour; exchange of baggage
Status: in_force

When railroads cross each other and passenger trains are due at the crossing at the same hour, the train first arriving shall wait for the arrival of the other, if it comes within 20 minutes. Each shall afford suitable opportunity for passengers desiring to change with their baggage from one train to the other. The superintendent, conductor and engineer of the road violating this provision forfeits to the State for each offense not less than $10 nor more than $50, to be recovered on complaint. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1981 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1981
23 §1981. Effective date
Status: in_force

This chapter shall take effect when approved, except that the authority may not, at any time before any bonds outstanding on the effective date and the interest thereon shall have been paid or a sufficient amount for the payment of any such bonds, premium, if any, and the interest to maturity or prior redemption date thereon shall have been irrevocably set aside in trust for the benefit of the bondholders, provide any funds to the Department of Transportation for the construction, reconstruction, maintenance or repair of access roads. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 1951 — ME Code / Title 23 / Part 1 / Chapter 23 / Section 1951
23 §1951. Trans-Maine Trail
Status: in_force

1. Designation. The Trans-Maine Trail is designated as follows: A. Beginning at the Canadian border in Vanceboro, then westerly via Route 6, through Lincoln, Milo, Dover-Foxcroft and Guilford to Abbot, then westerly via Route 16 to Stratton and via Route 27 to the Canadian border at Coburn Gore. [PL 1979, c. 103 (NEW).] [PL 1979, c. 103 (NEW).]

2. Alternate route. In addition, an alternate route shall be as follows: A. Beginning at Abbot then northerly via Route 15 through Greenville and Rockwood to Jackman and the Canadian border. [PL 1979, c. 103 (NEW).] [PL 1979, c. 103 (NEW).]

3. Signs. Signs designating this as the Trans-Maine Trail shall be erected by the Department of Transportation at proper intervals along the highway trail. [PL 1979, c. 103 (NEW).]
23 M.R.S. § 2055 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2055
23 §2055. Return filed; appeal
Status: in_force

The return of the commissioners, made at their next regular statute session after the hearing provided for in section 2054 , shall be placed on file and remain in the custody of their clerk for inspection without record. The case shall be continued to their next regular term of record, and at any time on or before the 3rd day thereof, if no appeal from the location be taken, all persons aggrieved by their estimate of damages shall file their notice of appeal. If no such notice is then presented or pending, the proceedings shall be closed, recorded and become effectual; all claims for damages not allowed by them be forever barred; and all damages awarded under sections 2051 to 2061 , 2101 , 2151 and 2152 paid out of the county treasury except as provided in section 2101 . If an appeal from the location be taken in accordance with section 2063 , then notice of appeal on damages may be filed with the clerk of the county commissioners within 60 days after the final decision of the appellate court in favor of such way as has been certified to him, to the Superior Court in the county where the land is situated, which court shall determine the same in the same manner as is provided in section 2058 , when no appeal on location is taken.
23 M.R.S. § 2003 — ME Code / Title 23 / Part 2 / Chapter 201 / Section 2003
23 §2003. Title of purchaser at assessment sale
Status: in_force

Purchasers of land sold for nonpayment of assessments for opening and making roads have no claim against the county for any defect in the title under such sale, notwithstanding any irregularities in the proceedings or failure to comply with the law under which the sales were made. Deeds given pursuant to sales made for nonpayment of such assessments vest in the grantee the title of the county to the lands sold, subject to the conditions of sale, and no more.
23 M.R.S. § 2154 — ME Code / Title 23 / Part 2 / Chapter 207 / Section 2154
23 §2154. Proceedings on appeal
Status: in_force

When an appeal is taken as provided for in section 2153 , it shall be filed with the commissioners of, and subsequent proceedings shall be had in, the county where proceedings originated, and the commissioners with whom such appeal is filed shall immediately give notice of such appeal to the commissioners of all the counties interested, and the clerk of courts shall certify the final judgment of court to the commissioners of all said counties.
23 M.R.S. § 8010 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8010
23 §8010. Satisfaction of operating deficits
Status: in_force

The authority is directed to obtain all additional funds, through borrowing, revenues or other means, necessary to satisfy operating deficits arising from expenses, including capital expenditures, necessary to ensure the continuation of passenger rail service established pursuant to this chapter. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 1617 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1617
23 §1617. State agency powers
Status: in_force

1. Transportation projects. The Department of Transportation, and all other agencies or departments of the State working in conjunction with the Department of Transportation, for the purpose of aiding and cooperating in the financing, construction, operation or maintenance of qualified transportation projects, may: A. Sell, lease, loan, donate, grant, convey, pledge, assign or otherwise transfer to the bank any real or personal property or interests in any real or personal property; and [PL 2007, c. 329, Pt. P, §1 (NEW).] B. Enter into agreements, including loan and pledge agreements, with any person for the joint financing, construction, operation or maintenance of the qualified transportation projects and agree to make payments, without limitation as to amount except as set forth in the agreements, from revenues received in one or more fiscal years by the Department of Transportation or with any person to defray the costs of the financing, construction, operation or maintenance of the qualified transportation projects. [PL 2007, c. 329, Pt. P, §1 (NEW).] [PL 2007, c. 329, Pt. P, §1 (NEW).]

2. Federal transportation funds. To assist in the financing, construction, operation or maintenance of the qualified transportation project, a state agency or department may by contract or pledge assign or otherwise transfer to the Department of Transportation or otherwise or directed by the bank all or a portion of federal transportation funds paid to the state agency or department or the revenues from any other legally available source. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 1601 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1601
23 §1601. Expenditure of proceeds; appropriation
Status: in_force

The Treasurer of State by direction of the Governor shall negotiate the sale of all state highway bonds and state highway and bridge bonds. None of such bonds shall be sold for less than par value, nor shall any such bond be loaned, pledged or hypothecated in behalf of the State. The proceeds of the sales of such bonds shall be held by the Treasurer of State and paid by him upon proper warrants drawn for the purposes of chapters 1 to 19 . The department shall apportion the money raised from the sale of state highway and state highway and bridge bonds in such manner as will carry into effect the several Acts authorizing such bond issues and conform to the Constitution and chapters 1 to 19 . [PL 1975, c. 771, §255 (AMD).]
23 M.R.S. § 5158 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5158
23 §5158. Bondholders' meetings; reports; compensation and instructions for trustees
Status: in_force

The trustees shall annually, and at other times on written request of 1/5 of the bondholders in amount, call a meeting of the bondholders in the manner prescribed in the bylaws of the corporation for calling a meeting of stockholders and report to them the state of the property, the receipts, expenses and the application of the funds. At the meeting, the bondholders may fix the compensation of the trustees; instruct them to contract with the directors of the corporation or other competent party to operate the road while the trustees have the right of possession, if approved by the bondholders at a regular meeting, otherwise not exceeding 2 years and to pay them the net earnings; or may give them any other instruction that they deem advisable; and the trustees shall conform thereto, unless inconsistent with the terms of the trust. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 8120 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8120
23 §8120. Employees
Status: in_force

Employees of the Northern New England Passenger Rail Authority are subject to the state retirement provisions of Title 5, Part 20 and the state employee health insurance program under Title 5, chapter 13, subchapter II . [PL 1999, c. 152, Pt. E, §4 (NEW).]

The retirement accounts of state employees transferred to the authority in its capacity as an independent agency must remain in the state regular plan. New employees of the authority shall also become members of the Maine Public Employees Retirement System under the state regular plan. The authority shall make employer retirement plan contributions at the state regular plan rate. Employee retirement plan contributions must be at the state regular plan rate. [PL 1999, c. 152, Pt. E, §4 (NEW); PL 2007, c. 58, §3 (REV).]

The accrued fringe benefits of state employees transferred to the authority in its capacity as an independent agency, including vacation and sick leave, health and life insurance and retirement, remain with the transferred employee. [PL 1999, c. 152, Pt. E, §4 (NEW).]

Authority employees are entitled to receive the same retirement health benefits as state employees. [PL 1999, c. 152, Pt. E, §4 (NEW).]
23 M.R.S. § 5186 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5186
23 §5186. Holders of unpaid scrip and bonds may foreclose mortgages
Status: in_force

A corporation formed by the holders of the scrip or bonds, or if no such corporation has been formed, the holders of not less than a majority of the scrip or bonds, may commence a civil action to foreclose the mortgage and the court may decree a foreclosure thereof, unless the arrears are paid within such time as the court orders. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7209 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7209
23 §7209. Bridges over canals or railroads; repairs; proceedings where unsafe conditions
Status: in_force

A railroad may be carried over or under a canal or railroad in a manner as not unnecessarily to impede the travel or transportation on them. The corporation making the crossing is liable for damages, occasioned by making the crossing, in a civil action. Bridges and their abutments, constructed for a crossing of any way, shall be kept in repair by the corporation, or by persons or parties running trains on any railroad crossing a highway or town way. The municipal officers of any city or town may give notice in writing to persons, parties or corporations that a bridge required at the crossing has not been erected, or is out of repair and not safe and convenient, within the requirements of section 3651 , or that the crossing of any highway or town way passing the railroad at grade, within their respective cities or towns, is not made or maintained safe and convenient as required by this section. Those persons, parties or corporations shall erect or repair the bridge or make the crossing safe and convenient within 10 days from the service of the notice. If they neglect to do so, any one of the municipal officers may apply to the Superior Court to compel the delinquents to erect or repair the bridge or make the crossing. After hearing, the court may make any order on the hearing, which the public convenience and safety require, and may by injunctions compel the respondents to comply with the order. The officers may, after 10 days from the service of the notice, cause necessary repairs to be made and the expense of the repairs shall be paid by the persons, parties or corporations whose duty it is to keep the crossing safe and convenient. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 6022 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6022
23 §6022. Line fences built on notice of abutter
Status: in_force

The owner of any enclosed or improved land or woodlot belonging to a farm abutting upon any railroad, which is finished and in operation, may at any time between the 20th day of April and the end of October give written notice to the president, treasurer or any of the directors of the corporation owning, controlling or operating that railroad that the line fence against his land has not been built, or if built, that the fence is defective and needs repair. If the corporation neglects to build or repair the fence for 30 days after receiving notice, it forfeits to the owner $100, to be recovered in a civil action. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 5173 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5173
23 §5173. Noncontributors; notice; rights
Status: in_force

The stockholders, redeeming, shall give notice to the stockholders who have not contributed to the redemption and the latter shall have the same rights as provided in the case of bondholders. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 8112 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8112
23 §8112. Directors
Status: in_force

1. Board of directors. The authority consists of a board of 7 directors. The 7 directors are the Commissioner of Transportation, who is a director ex officio, the Commissioner of Economic and Community Development, who also is a director ex officio, and 5 directors who are members of the public, appointed by the Governor and confirmed by the Legislature for 5-year staggered terms, who shall serve until their respective successors are appointed and qualified. A vacancy in a position held by a director who is a member of the public occurring other than by the expiration of a term must be filled by the Governor and confirmed by the Legislature for the unexpired term. [PL 2005, c. 312, §8 (RPR).]

2. Compensation and removal of directors who are members of public. Each director who is a member of the public is entitled to compensation according to the provisions of Title 5, chapter 379 . The Governor may remove any director who is a member of the public for cause. [PL 2005, c. 312, §8 (RPR).]

3. Ex officio directors. Each ex officio director may vote and may designate 2 employees of that director's department or agency, either of whom may represent that director and may vote and otherwise act on behalf of that director at meetings of the board. Any such designation must be in writing and delivered to the board, and the designation continues in effect until revoked or amended by the director in a written document delivered to the board. [PL 2005, c. 312, §8 (NEW).]

4. Chair. The Governor shall appoint one director to serve as chair of the board, who is responsible for scheduling, convening and chairing all board meetings. [PL 2005, c. 312, §8 (NEW).]

5. Officers. The board shall elect a treasurer, a secretary and any other officers the board from time to time considers necessary, none of whom needs to be a director. [PL 2005, c. 312, §8 (NEW).]

6. Quorum. All powers of the authority may be exercised by the board in lawful meeting, and a majority of directors then in office constitutes a quorum. A vacancy on the board does not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. [PL 2005, c. 312, §8 (NEW).]

7. Regular meetings. Regular meetings of the board may be established by bylaw, and notice of such regular meetings need not be given to directors. [PL 2005, c. 312, §8 (NEW).]
23 M.R.S. § 73 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 73
23 §73. Transportation policy
Status: in_force

1. Short title. This section may be known and cited as the "Sensible Transportation Policy Act." [IB 1991, c. 1, §1 (NEW).]

2. Purposes and findings. The people of the State find that decisions regarding the State's transportation network are vital to the well-being of Maine citizens, to the economic health of the State and to the quality of life that the citizens treasure and seek to protect. The people also find that these decisions have profound, long-lasting and sometimes detrimental impacts on the natural resources of the State, including its air quality, land and water. The people further find that substantial portions of the state highway system are in disrepair and improvements to the State's roads and bridges are necessary to provide a safe, efficient, and adequate transportation network throughout the State. The people further find that the State's transportation network is heavily dependent on foreign oil, that such reliance is detrimental to the health of the State's economy and that the health and long-term stability of the State's economy require increased reliance on more efficient forms of transportation. The people further find that improvements to the transportation network are necessary to meet the diverse transportation needs of the people of the State including rural and urban populations and the unique mobility requirements of the elderly and disabled. The people further find that the decisions of state agencies regarding transportation needs and facilities are often made in isolation, without sufficient comprehensive planning and opportunity for meaningful public input and guidance. [IB 1991, c. 1, §1 (NEW).]

3. Transportation policy. It is the policy of the State that transportation planning decisions, capital investment decisions and project decisions must: A. Minimize the harmful effects of transportation on public health and on air and water quality, land use and other natural resources; [RR 1991, c. 2, §88 (COR).] B. Require that the full range of reasonable transportation alternatives be evaluated for all significant highway construction or reconstruction projects and give preference to transportation system management options, demand management strategies, improvements to the existing system, and other transportation modes before increasing highway capacity through road building activities; [RR 1991, c. 2, §88 (COR).] C. Ensure the repair and necessary improvement of roads and bridges throughout the State to provide a safe, efficient and adequate transportation network; [RR 1991, c. 2, §88 (COR).] D. Reduce the State's reliance on foreign oil and promote reliance on energy-efficient forms of transportation; [RR 1991, c. 2, §88 (COR).] E. Meet the diverse transportation needs of the people of the State, including rural and urban populations and the unique mobility needs of older adults and persons with disabilities, including the employment of alternative modes of transportation; [PL 2023, c. 319, §1 (AMD).] F. Be consistent with the purposes, goals and policies of Title 30‑A, chapter 187, subchapter 2 ; [PL 2023, c. 646, Pt. A, §29 (RPR).] G. Incorporate a public participation process in which local governmental bodies and the public have timely notice and opportunity to identify and comment on concerns related to transportation planning decisions, capital investment decisions and project decisions. The Department of Transportation and the Maine Turnpike Authority shall take the comments and concerns of local citizens into account and must be responsive to them; [RR 2023, c. 1, Pt. A, §19 (COR).] H. Ensure opportunity for public input whenever the Department of Transportation or the Maine Turnpike Authority plans to install a solar energy project that will involve the disturbance of more than 1,000 square feet of land area. The department or the authority shall hold a public hearing in the municipality where the solar energy project is to be located; and [RR 2023, c. 1, Pt. A, §20 (COR).] Revisor's Note: (Paragraph H as enacted by PL 2023, c. 319, §4 is REALLOCATED TO TITLE 23, SECTION 73, SUBSECTION 3, PARAGRAPH I) I. (REALLOCATED FROM T. 23, §73, sub-§3, ¶H) Facilitate and support the public transportation systems in the State to achieve accessibility, affordability and convenience for the average person's mobility needs. [PL 2023, c. 319, §4 (NEW); RR 2023, c. 1, Pt. A, §21 (RAL).] [PL 2023, c. 646, Pt. A, §29 (AMD).]

4. Rulemaking. The Department of Transportation shall adopt a rule within one year of the effective date of this Act, in coordination with the Maine Turnpike Authority and state agencies including the Department of Economic and Community Development, the Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection, to implement the statewide comprehensive transportation policy. The rule must incorporate a public participation process that provides municipalities and other political subdivisions of the State and members of the public notice and opportunity to comment on transportation planning decisions, capital investment decisions, project decisions and compliance with the statewide transportation policy. The Department of Transportation shall adopt a rule, in coordination with the Department of Agriculture, Conservation and Forestry, that establishes linkage between the planning processes outlined in this section and those promoted by Title 30‑A, chapter 187, subchapter 2 and that promotes investment incentives for communities that adopt and implement land use plans that minimize over-reliance on the state highway network. This rule is a major substantive rule as defined in Title 5, chapter 375, subchapter 2‑A . The Department of Transportation shall adopt rules, to the extent possible, to ensure that all persons are safe on public ways, including bicyclists, pedestrians, persons of all ages and abilities, transit users and motor vehicle users, and that all persons have safe and efficient access to the transportation system. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 237, §1 (AMD); PL 2023, c. 237, §5 (AFF).]

5. Applicability to Department of Transportation. Transportation planning decisions, capital investment decisions and project decisions of the Department of Transportation are governed by and must comply with the transportation policy set forth in this section and rules implementing that policy. [IB 1991, c. 1, §1 (NEW).]

6. Capital goals and reporting. [PL 2011, c. 610, Pt. B, §1 (RP).]

7. Priorities, service levels, asset management goals and reporting. The Department of Transportation shall classify the State's public highways as Priority 1 to Priority 5 using factors such as safety metrics, crash data, the federal functional classification system, regional economic significance, heavy haul truck use and relative regional traffic volumes. The department shall also establish customer service levels related to safety, condition and serviceability appropriate to the priority of the highway, resulting in a system that grades each highway as Good, Fair or Poor. To provide a capital transportation program that is geographically balanced and that addresses urban and rural needs and meets customer expectations and transportation system needs, the department shall include the following goals as part of its asset management and work plan preparation. The goals are to: A. [PL 2021, c. 239, §1 (RP).] A-1. Maintain Priority 1 highways in accordance with the department's federally required transportation asset management plan and the department's customer service measures so that no more than 15% of the highways are rated as Poor; [PL 2021, c. 239, §1 (NEW).] B. [PL 2021, c. 239, §1 (RP).] B-1. Maintain Priority 2 and Priority 3 highways so that no more than 15% of the highways are rated as Poor; and [PL 2021, c. 239, §1 (NEW).] C. [PL 2021, c. 239, §1 (RP).] D. Continue the light capital paving program on a 7-year cycle for Priority 4 highways outside compact areas as defined in section 754 . [PL 2021, c. 239, §1 (AMD).] E. [PL 2021, c. 239, §1 (RP).] The department shall report to the joint standing committee of the Legislature having jurisdiction over transportation matters by March 1st of each odd-numbered year quantifying the status of each of the goals. The department shall recommend any remedial actions, including additional funding or revisions to the goals, that the department determines to be necessary or appropriate. [PL 2023, c. 237, §2 (AMD).]
23 M.R.S. § 1253-A — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1253-A
23 §1253-A. Stop signs at highway-railroad grade crossings
Status: in_force

The Department of Transportation is authorized to designate any highway-railroad grade crossing as a stop intersection and to install and maintain stop signs thereat. The department is authorized to so designate such highway-railroad grade crossings on town ways, and local municipalities shall, when ordered by the department, erect and maintain stop signs on such town ways. When such stop signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 10 feet from the nearest rail of such railroad and shall proceed only upon exercising due care. [PL 1971, c. 593, §10 (AMD).]

Any person who shall operate a vehicle in violation of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $50 or by imprisonment for not more than 60 days, or by both. [PL 1969, c. 387, §1 (NEW).]

The expense of the erection and maintenance of each stop sign installed by virtue of this section shall be borne by the railroad. [PL 1969, c. 387, §1 (NEW).]
23 M.R.S. § 4210-H — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4210-H
23 §4210-H. Municipal Stream Crossing Fund; grant program
Status: in_force

1. Fund established. The Municipal Stream Crossing Fund, referred to in this section as "the fund," is established within and is administered by the department to issue grants in accordance with this section. The fund consists of proceeds from the sale of bonds authorized for the purposes of the grant program established pursuant to subsection 2 and funds received as appropriations, allocations and contributions from public and private sources. The fund must be held separate and apart from all other money, funds and accounts. Interest earned by the fund must be credited to the fund. Any unexpended balances remaining in the fund at the end of any fiscal year do not lapse and must be carried forward to the next fiscal year. [PL 2025, c. 162, §1 (NEW).]

2. Grants. The department shall establish a competitive grant program to provide grants to eligible project sponsors for stream crossing replacements on municipal roads. Eligible project sponsors include local governments, municipal conservation commissions, soil and water conservation districts and private nonprofit organizations. [PL 2025, c. 162, §1 (NEW).]

3. Fund proceeds; uses. The department may award grants based on the extent to which the proposed project allows communities to more effectively prepare for storm and flood events and advances the goals of restoring habitat for fish, including sea-run fish and native brook trout, and wildlife. In awarding grants, the department shall consider: A. The priority status of the stream crossing replacement for native brook trout and sea-run fish restoration, based on available stream survey data, statewide prioritization for aquatic connectivity and presence in priority watersheds of salmon, river herring and other diadromous fish; [PL 2025, c. 162, §1 (NEW).] B. The extent to which the proposed stream crossing replacement is sized to be 1.2 times the stream's bankfull width, and the stream crossing replacement is sized to meet the department's 100-year flood standards; [PL 2025, c. 162, §1 (NEW).] C. The degree of urgency of the proposed project, including whether a stream crossing is at high risk of failure due to age, condition or location within a watershed or reach with high flood risk or severe flood history; [PL 2025, c. 162, §1 (NEW).] D. The expected contribution to reducing the frequency or severity of flooding to upstream and downstream communities and improving storm water management within the proposed project area; and [PL 2025, c. 162, §1 (NEW).] E. The extent to which the proposed project represents an efficient and cost-effective investment, including the proportion of total project funding provided from other sources and the potential avoided costs associated with the proposed project. [PL 2025, c. 162, §1 (NEW).] [PL 2025, c. 162, §1 (NEW).]

4. Grant proceeds; prohibited uses. Grants awarded under subsection 3 may not be used: A. To cover all of the costs associated with a proposed project; or [PL 2025, c. 162, §1 (NEW).] B. For a stream crossing replacement on a state road or private road. [PL 2025, c. 162, §1 (NEW).] [PL 2025, c. 162, §1 (NEW).]
23 M.R.S. § 74 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 74
23 §74. Freight transportation advisory council
Status: in_force

1. Purpose; membership. The Commissioner of Transportation shall establish a freight transportation advisory council to facilitate discussion and provide insight into issues pertaining to freight transportation in the State. The commissioner shall invite no fewer than 9 people from the private sector to participate as members of the council. Membership must include representatives of various geographic areas of the State. Membership must include at least one person with experience in each of the following: A. Commercial trucking; [PL 2003, c. 498, §2 (NEW).] B. Rail freight; [PL 2003, c. 498, §2 (NEW).] C. Waterborne freight; [PL 2003, c. 498, §2 (NEW).] D. Forest products; [PL 2013, c. 36, §5 (AMD).] E. [PL 2013, c. 36, §5 (RP).] F. Agricultural products; [PL 2013, c. 36, §5 (AMD).] G. Petroleum products; and [PL 2013, c. 36, §5 (AMD).] H. General manufacturing. [PL 2013, c. 36, §5 (NEW).] [PL 2013, c. 36, §5 (AMD).]

2. Meetings; chair. The Commissioner of Transportation or the commissioner's designee shall serve as chair of the council established in subsection 1 . The Department of Transportation shall provide staff support to the council. The council shall meet at the call of the chair but not less than 4 times during a calendar year. Members of the council serve without compensation. [PL 2003, c. 498, §2 (NEW).]
23 M.R.S. § 1912-C — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1912-C
23 §1912-C. Guide signs on the interstate system
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Advance guide sign" means a sign described in the national standards that identifies the principal destinations and routes served by an exit and the distance to that exit. [PL 2013, c. 549, §3 (NEW).] B. "Authority" means the Maine Turnpike Authority. [PL 2013, c. 549, §3 (NEW).] C. "College or university" means an accredited institution providing postsecondary education that has authorization to confer a degree in accordance with Title 20‑A, chapter 409 . [PL 2013, c. 549, §3 (NEW).] D. "Department" means the Department of Transportation. [PL 2013, c. 549, §3 (NEW).] E. "Exit directional sign" means an exit sign that repeats the route and destination information that is displayed on an advance guide sign for that exit. [PL 2013, c. 549, §3 (NEW).] F. "Interchange guide sign" means an advance guide sign or exit directional sign. [PL 2013, c. 549, §3 (NEW).] G. "Military installation" means a facility that is owned by the Federal Government and is operated by a branch of the United States Armed Forces. [PL 2013, c. 549, §3 (NEW).] H. "National standard" means the latest version of the Manual on Uniform Traffic Control Devices approved by the United States Department of Transportation, Federal Highway Administration in accordance with 23 United States Code and the latest version of the Guidelines for the Selection of Supplemental Guide Signs for Traffic Generators Adjacent to Freeways published by the American Association of State Highway and Transportation Officials. [PL 2013, c. 549, §3 (NEW).] I. "Signing agency" means, with respect to signs proposed to be placed along the state-constructed and state-maintained interstate system, the department and, with respect to signs proposed to be placed along the Maine Turnpike, the authority. [PL 2013, c. 549, §3 (NEW).] J. "State park" means any area of land or an interest in land, with or without improvements, that is designated as a state park, that is acquired by or under the control of the State and that is managed primarily for public recreation or conservation purposes. [PL 2013, c. 549, §3 (NEW).] K. "Supplemental guide sign" means a sign used to provide information regarding destinations accessible from an exit other than places displayed on an interchange guide sign. [PL 2013, c. 549, §3 (NEW).] L. "Transportation facility" means a bus, train, air, ship or ferry terminal, a park and ride lot or an intermodal transportation facility. [PL 2013, c. 549, §3 (NEW).] M. "Veterans, police or firefighters memorial" means a veterans cemetery or a memorial honoring veterans, firefighters or police officers if the cemetery or memorial is maintained and funded by a state or federal agency. [PL 2013, c. 549, §3 (NEW).] [PL 2013, c. 549, §3 (NEW).]

2. Authority to place interchange guide signs on the interstate system. To guide travelers to destinations of local, regional and statewide interest, interchange guide signs and supplemental guide signs may be placed by a signing agency at strategic points on the interstate system beside the traffic lanes approaching an exit if the placement complies with this section and with national standards. All determinations regarding whether the placement of interchange guide signs or supplemental guide signs on the interstate system meets the standards contained in this section must be made by the signing agency. [PL 2013, c. 549, §3 (NEW).]

3. Interchange guide signs. The following provisions apply to interchange guide signs. A. The primary destination displayed on an interchange guide sign must be the municipality in which the exit is located or the street name or route adjacent to the exit, or both. [PL 2013, c. 549, §3 (NEW).] B. Unless otherwise allowed by the signing agency, advance guide signs must be placed from 1/2 mile to 2 miles in advance of the exit. [PL 2013, c. 549, §3 (NEW).] C. In addition to the primary destination, a secondary destination may be displayed on an interchange guide sign. The secondary destination must be selected by the signing agency in accordance with its judgment of how best to serve travelers and must be one of the following: (1) The municipality with the largest population within 5 miles of the exit that has a highway that is classified as an arterial or major collector providing a direct connection from the exit to the municipality's population center or business district; (2) A municipality with a population of at least 2,000 that is located within 5 miles of the exit, that has a highway that is classified as an arterial or a major collector providing a connection from the exit to the municipality's population center or business district if a portion of the interstate system passes through that municipality; (3) A municipality that is located within 10 miles of the exit, that has a highway that is classified as an arterial or major collector providing a direct connection from the exit to the municipality's population center or business district and that has a population of at least 10,000; (4) Another municipality that is considered a major destination if its inclusion would benefit travelers; or (5) A major destination, other than a municipality, that is directly connected to the exit if its inclusion would benefit travelers. [PL 2013, c. 549, §3 (NEW).] D. An interchange guide sign may bear the name of a specific destination if the primary purpose of the exit is to provide access to that destination. [PL 2013, c. 549, §3 (NEW).] [PL 2013, c. 549, §3 (NEW).]

4. Supplemental guide signs. The purpose of a supplemental guide sign is to provide directional guidance to travelers and not to promote commercial or economic interests. Supplemental guide signs must be limited in number and restricted in location to avoid driver distraction and impairment to traffic. The following provisions apply to supplemental guide signs. A. A supplemental guide sign may be used only if it does not conflict or interfere with required signs or with other permitted signs already in place. Whether sufficient space exists for a supplemental guide sign must be determined by the signing agency with reference to national standards. Supplemental guide signs for municipalities and transportation facilities take precedence over supplemental guide signs for other destinations. [PL 2013, c. 549, §3 (NEW).] B. A supplemental guide sign must be located in advance of the exit that provides the most direct or convenient route to the destination, except that the signing agency may allow a different location if there is more than one exit in the municipality or if another location is warranted to facilitate traffic. [PL 2013, c. 549, §3 (NEW).] C. A supplemental guide sign for a destination is permitted only if there are sufficient signs off the interstate highway to direct travelers from the interstate highway to the destination with minimal confusion. [PL 2013, c. 549, §3 (NEW).] D. A sign for a destination that meets the criteria for logo signs under section 1912‑B or in rules adopted pursuant to section 1965, subsection 1, paragraph U is not eligible to be placed as a supplemental guide sign under this section unless that destination's name is readily recognized as the principal attraction in a major recreational area as described in subsection 5, paragraph C and it is necessary to include it on a supplemental guide sign to avoid traveler confusion. [PL 2013, c. 549, §3 (NEW).] [PL 2013, c. 549, §3 (NEW).]

5. Destinations qualifying for supplemental guide signs. The following destinations may appear on a supplemental guide sign: A. A college or university that: (1) Is located within 15 miles of an exit and has an enrollment of 300 or more students attending classes on site; or (2) Has an enrollment of 1,000 or more students attending classes on site; [PL 2013, c. 549, §3 (NEW).] B. A national park or state park that: (1) Is located within 10 miles of an exit and has a minimum annual attendance of 25,000 recorded visitors; or (2) Is between 10 and 120 miles from an exit and has a minimum annual attendance of 75,000 recorded visitors; [PL 2013, c. 549, §3 (NEW).] C. A major recreational area that is a geographic region that is served by a highway that is classified as an arterial or a major collector. The geographic region must: (1) Contain a beach or lake access that is open to the public, allows swimming for all ages, provides parking for more than 100 vehicles, has rest rooms on or adjacent to the beach or lake access and, with respect to a beach, maintains lifeguards on duty during July and August; (2) Contain a ski area open to the public that: (a) Has a minimum vertical drop of 1,000 feet with 40 or more maintained trails; or (b) Is within 10 miles of the exit, has a minimum vertical drop of 200 feet with 10 or more maintained trails and has an aerial lift servicing groomed trails; or (3) Have generated at least 1% of the State's total sales subject to the taxes under Title 36, section 1811 on the value of liquor sold in licensed establishments as defined in Title 28‑A, section 2, subsection 15 , prepared food and rental of living quarters in any hotel, rooming house or tourist or trailer camp over the previous 3 years and must offer recreational opportunities of sufficient traffic significance to warrant signs in accordance with criteria developed by the signing agency; [PL 2013, c. 549, §3 (NEW).] D. A military installation to which at least 2,000 employees and military personnel are permanently assigned, as long as the distance from the applicable exit to the installation does not exceed one mile for every 200 employees and military personnel permanently assigned to the installation; [PL 2013, c. 549, §3 (NEW).] E. A municipality that qualifies for but has not been included on an interchange guide sign; [PL 2013, c. 549, §3 (NEW).] F. A transportation facility if signs for the facility significantly benefit the transportation system; and [PL 2013, c. 549, §3 (NEW).] G. A veterans, police or firefighters memorial that is located within 20 miles of an exit. [PL 2013, c. 549, §3 (NEW).] [PL 2013, c. 549, §3 (NEW).]
23 M.R.S. § 7103-A — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7103-A
23 §7103-A. Deposit into Multimodal Transportation Fund account
Status: in_force

The Treasurer of State shall receive all revenue derived from the tax levied pursuant to Title 36, chapter 361 and taxes paid under Title 36, section 1865 and shall deposit all revenue in the Multimodal Transportation Fund account established in section 4210-B . [PL 2011, c. 649, Pt. E, §3 (AMD).]
23 M.R.S. § 4409 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4409
23 §4409. Overnight docking of ferries; legislative approval (REALLOCATED FROM TITLE 23, SECTION 4408)
Status: in_force

(REALLOCATED FROM TITLE 23, SECTION 4408)

1. Change to existing overnight docking practice. The Department of Transportation may not without legislative approval change the existing overnight docking practices of a state-owned ferry vessel that docks overnight on an island served by the Maine State Ferry Service. The department shall seek legislative approval to change the existing overnight docking practice of a ferry vessel that docks on an island served by the Maine State Ferry Service by submitting legislation to the joint standing committee of the Legislature having jurisdiction over transportation matters prior to the change. The joint standing committee may report out a bill based on the suggested legislation. [PL 2025, c. 282, §1 (NEW); RR 2025, c. 1, Pt. A, §32 (RAL).]

2. Exceptions. Notwithstanding subsection 1 , the Department of Transportation may require a ferry vessel to temporarily dock at a mainland port or an alternative island port for an emergency situation or another significant operational need. The department does not need to seek legislative approval pursuant to subsection 1 for a temporary change to docking practices pursuant to this subsection. For the purposes of this subsection, "temporary change" means a change in the overnight docking of a state-owned ferry vessel that docks on an island served by the Maine State Ferry Service that does not change the common docking practice of that ferry vessel. [PL 2025, c. 282, §1 (NEW); RR 2025, c. 1, Pt. A, §32 (RAL).]
23 M.R.S. § 4002 — ME Code / Title 23 / Part 4 / Chapter 401 / Section 4002
23 §4002. Appeals; committee; duties; report
Status: in_force

Any party interested in such decision under section 4001 may appeal therefrom to the Superior Court in said county within 30 days. All further proceedings before the commissioners shall be stayed until a decision is made in the appellate court. If no person appears to prosecute the appeal, the judgment of the commissioners shall be affirmed. If the appellant appears, the court may appoint a committee of 3 disinterested persons, who shall be sworn, and if one of them dies, declines or becomes interested, the court shall appoint another in his place and they shall cause notice to be given of the time and place of hearing before them by publication thereof in the state paper for 6 successive weeks, the last publication to be 14 days at least before the day of hearing, and personal notice to the appellant and to the chairman of the county commissioners, 30 days at least before the time set for hearing. They shall view the route, hear the parties and make their report to the court within 60 days or such further time as the court allows after their appointment, whether the judgment of the commissioners should be in whole or in part affirmed or reversed, which, being accepted and judgment thereon entered, shall forthwith be certified to the clerk of the commissioners. If the judgment of the commissioners in favor of laying out, grading or altering a way as prayed for is wholly reversed on appeal, the commissioners shall proceed no further. If their judgment is affirmed in whole or in part, they shall carry into effect the judgment of the appellate court. In all cases, they shall carry into full effect the judgment of the appellate court in the same manner as if made by themselves. The party appealing or prosecuting shall pay the costs incurred since the appeal, if so adjudged by the appellate court, which may allow costs in such cases to the prevailing party to be paid out of the county treasury. The committee shall be allowed a reasonable compensation for their services, to be fixed by the court upon the presentation of their report and paid from the county treasury upon the certificate of the clerk of courts. The costs allowed to the prevailing party and the fees of the committee shall be collected as provided in section 2053 .
23 M.R.S. § 7010 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7010
23 §7010. Changing switch or lights
Status: in_force

Whoever, without authority, alters, changes or in any manner interferes with any safety switch or switch lights on any railroad commits a Class E crime. [PL 1991, c. 797, §8 (AMD).]
23 M.R.S. § 1906 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1906
23 §1906. Official business directional signs
Status: in_force

1. Erection and maintenance. The commissioner shall designate locations for and erect official business directional signs licensed under this chapter. The official business directional signs must be furnished and preserved by the applicant after the erection of the official business directional signs and must conform to rules issued by the commissioner. Such rules must be consistent with section 1910 . [PL 2011, c. 344, §27 (AMD).]

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 [PL 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. [PL 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. [PL 1981, c. 576, §3 (RPR).]
23 M.R.S. § 1619 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1619
23 §1619. Receipt of federal appropriation money
Status: in_force

The Treasurer of State may receive from the Federal Government any amount of money as appropriated, allocated, granted, turned over or in any way provided for the purposes of this subchapter. In connection with the financing of qualified transportation projects, these amounts must be credited to and deposited in the Federal Expenditures Fund and are available to the bank. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 4209 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4209
23 §4209. Public transportation administration
Status: in_force

1. Geographic regions. The department shall divide the State into a number of geographic regions for regional distribution of state-administered transportation funds. Upon designation of the geographic regions, a regional public transportation agency must be selected from each region to formulate a quinquennial locally coordinated plan for regional transit in accordance with federal requirements. The department shall select regional public transportation agencies in collaboration with transit stakeholders, including transportation providers, social service organizations, the United States Department of Transportation, Federal Transit Administration and the Public Transit Advisory Council under section 4209‑A . The department shall establish a schedule for submittal of the quinquennial locally coordinated plans for regional transit to the department for review and approval in accordance with subsection 2 . [PL 2015, c. 182, §2 (AMD).]

1-A. Interagency Transportation Coordinating Committee. [PL 2015, c. 182, §3 (RP).]

2. Quinquennial locally coordinated plan for regional transit. The quinquennial locally coordinated plan for regional transit submitted by each regional public transportation agency must provide for the following: A. Maximum feasible coordination of funds among all state agencies that sponsor transportation in the region; [PL 1987, c. 428, §1 (AMD).] B. Development and maintenance of a permanent and effective public transportation system, with particular regard to riders who are low-income or elderly or who have disabilities; [PL 2009, c. 130, §3 (AMD).] C. Participation of private transit operators in the service, to the greatest extent possible; [PL 2009, c. 130, §3 (AMD).] D. Conformity with general operations requirements as may be prescribed by the commissioner; and [PL 2009, c. 130, §3 (AMD).] E. Compliance with any appropriate federal regulations, including but not limited to the federally required locally coordinated plan. [PL 2009, c. 130, §3 (NEW).] In years in which no quinquennial plan is required, amendments to the effective operations may be submitted. Approval of each locally coordinated plan for regional transit must be by the department in collaboration with transit stakeholders, including transportation providers, social service organizations, the United States Department of Transportation, Federal Transit Administration and the Public Transit Advisory Council under section 4209‑A . Upon approval, all agencies, groups or organizations named to participate in the provision of service in accordance with a locally coordinated plan for regional transit are eligible to receive funds administered by the department and the Department of Health and Human Services. [PL 2015, c. 182, §4 (AMD).]

3. State assistance. Within the limits of available funding, the department shall provide assistance as follows: A. Planning and technical assistance, information transfer, capital and operations planning, performance monitoring and evaluation, quality assurance, accounting, assistance with management information systems and service reporting to a locally coordinated plan for regional transit drafter or transportation provider and securing of provider compliance with the requirements of other state agencies in these areas; [PL 2015, c. 182, §5 (AMD).] A-1. Act as mediator and, if necessary, final arbiter of disputes between state agencies and transportation providers regarding service; [PL 1987, c. 428, §2 (NEW).] A-2. In consultation with the Bureau of Insurance, advise transportation providers regarding the liability of volunteer drivers; [PL 1991, c. 859, §1 (NEW).] B. Capital assistance to transportation providers for up to 100% of the nonfederal share required by federal assistance programs; [PL 1991, c. 103 (AMD).] C. Operating assistance to transportation providers in an amount up to 1/2 of the operating deficit incurred in fulfillment of the quinquennial locally coordinated plan for regional transit; and [PL 2015, c. 182, §5 (AMD).] D. Notwithstanding any other provision of law and except as funds are necessary to carry out the object of this section, funds appropriated for public transportation shall not lapse at the end of a fiscal year, but shall be carried forward from year to year to be expended for the same purpose. [PL 1985, c. 174, Pt. E (NEW).] The department may enter into a request for proposals process for grants to nonprofit organizations for innovative regional projects that reflect the priorities in subsection 2, paragraph B , involve and integrate multiple service providers and modes of transportation and address service gaps identified as priorities in regional or state planning. [PL 2015, c. 182, §5 (AMD).]

4. Human services assistance; priorities. The Public Transit Advisory Council under section 4209‑A shall serve in an advisory capacity to the department, the Department of Health and Human Services and the Department of Labor in matters concerning public transportation. In the event that transportation funds for human services programs are insufficient for full implementation of the human services portion of an approved quinquennial locally coordinated plan for regional transit, priorities established by the Department of Health and Human Services determine the priority clients that must be initially served by human services funds. The department, the Department of Health and Human Services and the Department of Labor and their contractors shall actively engage local transportation providers in the planning of new services that are expected to have a transportation component. The Department of Health and Human Services and the Department of Labor shall ensure that any new service to be provided is adequately funded to cover the costs of the transportation component of the program. [PL 2015, c. 182, §6 (AMD).]

5. Intercity service. Intercity service is service designated as such in a public transportation plan developed by the department. Intercity service planning must fulfill the requirements set forth in subsection 2 and must address public transportation needs that cannot be met by locally coordinated regional transit planning. The State may contribute to the nonfederal costs of intercity service. [PL 2015, c. 182, §7 (AMD).]

6. Letters of credit; reporting requirements; general powers. To further the purposes of this section, the Department of Transportation may do the following: A. Make available letters of credit or other appropriate assistance to transportation providers faced with unavoidable difficulties in securing day-to-day operating expenses; [PL 1979, c. 505, §4 (NEW).] B. Investigate all practicable ways that reporting requirements might be unified to reduce the paper workload for state and regional public transportation administration; and [PL 1979, c. 505, §4 (NEW).] C. Exercise all powers necessary, convenient or incidental to assuring the development and maintenance of effective public transportation service throughout the State. [PL 1979, c. 505, §4 (NEW).] [PL 1979, c. 505, §4 (NEW).]

7. Review. [PL 1987, c. 428, §4 (RP).]
23 M.R.S. § 1923 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1923
23 §1923. Agreements with United States
Status: in_force

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. [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 6009 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6009
23 §6009. Cattle guards and passes; double damages
Status: in_force

The county commissioners shall order the corporation to make and maintain such cattle guards, cattle passes and farm crossings as they think reasonable and prescribe the time and manner of making them and consider this work in awarding pecuniary damages. If the corporation after 48 hours' notice in writing to its president or superintendent neglects to commence the work or complete it within a reasonable time, the owner may apply to the Superior Court and the court, after due notice to the corporation, shall issue all necessary processes to enforce the specific performance of the orders or restrain it by injunction or the party interested may recover, in a civil action, double the damage that he has sustained by the neglect. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 2058 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2058
23 §2058. -- appeals
Status: in_force

Any person aggrieved by the estimate of damages by the county commissioners, on account of the laying out or discontinuing of a way, may appeal therefrom, at any time within 30 days after the commissioners' return is made, to the Superior Court, in the county where the land is situated, which court shall determine the same by a committee of reference if the parties so agree, or by a verdict of its jury, and shall render judgment for the damages recovered, and judgment for costs in favor of the party entitled thereto, and shall issue execution for the costs only. The appellant shall file notice of his appeal with the county commissioners within the time above limited, and shall include in the complaint a statement setting forth substantially the facts, upon which the case shall be tried like other cases. The clerk shall certify the final judgment of the court to the county commissioners, who shall enter the same of record and order the damages therein recovered to be paid as provided in section 2057 . The party prevailing recovers costs to be taxed and allowed by the court, except that they shall not be recovered by the party claiming damages, but by the other party, if on such appeal by either party, said claimant fails to recover a greater sum as damages than was allowed to him by the commissioners. The committee shall be allowed a reasonable compensation for their services to be fixed by the court upon the presentation of their report and paid from the county treasury upon the certificate of the clerk of courts.
23 M.R.S. § 5004 — ME Code / Title 23 / Part 7 / Chapter 601 / Section 5004
23 §5004. Judgment creditor may have remedy against lessors
Status: in_force

When any judgment is recovered and the foreign company neglects, for 60 days, to satisfy it, the judgment creditor may have a civil action against the foreign company for the recovery of the amount of the judgment, with interest and costs. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 707 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 707
23 §707. Construction flaggers; minimum training standards
Status: in_force

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. [PL 1991, c. 401 (NEW).]
23 M.R.S. § 1351 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1351
23 §1351. Installation of signals, devices and signs
Status: in_force

The department may make and shall enforce rules and regulations relating to traffic control and the installation and maintenance of traffic control signals, devices, signs and markings on all state, state aid and federal aid highways. The department may be consulted by and shall without charge advise municipal officers and road commissioners on the subject of traffic control. [PL 1971, c. 593, §22 (AMD).]

The department shall have authority to install and maintain traffic control signals, warning, regulatory, directional and informational signs and markings, on all state and state aid highways and highways constructed under its direction with federal funds, when, in its opinion, such signs, signals and markings are necessary for public safety and convenience. [PL 1971, c. 593, §22 (AMD).]

On all designated state and state aid highways, the location, form and character of informational, directional, regulatory and warning signs and traffic control signals and devices, erected by towns, shall be subject to approval of the department. [PL 1971, c. 593, §22 (AMD).]

On any highway or street constructed with federal aid in any town, the location, form and character of informational, directional, regulatory and warning signs, curb and pavement or other markings, and traffic signals, installed or placed by any public authority or other agency, shall be subject to the approval of the department with the concurrence of the Federal Highway Administration. [PL 1985, c. 506, Pt. B, §19 (AMD).]

Any rule or regulation relating to traffic control or the installation or maintenance of traffic control signals, devices or signs adopted pursuant to this section shall be exempt from the rule-making provisions of the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1979, c. 397, §1 (NEW).]

The department is authorized and directed to establish a system of numbering all classes of highways which, in its opinion, is necessary for public convenience, and to publish maps from time to time showing the highways so numbered. [PL 1971, c. 593, §22 (AMD).]

On all designated state and state aid highways, the department may prohibit other than one-way traffic when in its opinion such prohibition is necessary for public safety. [PL 1971, c. 593, §22 (AMD).]

Nothing contained in this section shall be construed to apply to the installation or maintenance of signals, devices, signs, lights or warnings at approaches to railroad crossings.

The issuance of any order or rule and regulation may be proved by submitting a copy thereof signed by the commissioner and duly notarized. [PL 1973, c. 537, §25 (AMD).]

Whoever violates any order or rule and regulation of the department issued under authority of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than 90 days, or by both. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1908-A — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1908-A
23 §1908-A. Outdoor advertising; publicly owned bus stops
Status: in_force

A municipality may erect and maintain at a publicly owned bus stop outdoor advertising signs visible to the traveling public from a public way. For purposes of this section, "bus stop" means a place where a public transport bus stops for the purpose of allowing passengers to board or leave the bus. The municipality is responsible for the administration of outdoor advertising signs under this section. Any revenue collected under this section by a municipality must be used for transportation purposes, including, but not limited to, maintenance of a publicly owned bus stop. [PL 2011, c. 114, §1 (NEW).]
23 M.R.S. § 306 — ME Code / Title 23 / Part 1 / Chapter 7 / Section 306
23 §306. Application of provisions
Status: in_force

This chapter does not apply to highways other than those in the state highway system as designated by the department nor to those in the compact or built-up areas of any city or town as defined in Title 29-A, section 2074, subsection 2 , except with the approval of the municipal officers of the city or town wherein such compact or built-up area is situated. [PL 1995, c. 65, Pt. A, §61 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
23 M.R.S. § 8001 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8001
23 §8001. Short title
Status: in_force

This chapter may be known and cited as the "Passenger Rail Service Act." [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 1115 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1115
23 §1115. Penalty
Status: in_force

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. [PL 1969, c. 504, §39 (NEW).]
23 M.R.S. § 7152 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7152
23 §7152. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 398, §7 (RPR).]

l. Financially responsible person. "Financially responsible person" means a financially responsible person, as defined in the United States Code, Title 49, Section 10910(a), who intends to acquire, lease or contract to operate all or part of the railroad line in question. [PL 1989, c. 398, §7 (RPR).]

2. Person. "Person" means a natural person, corporation, partnership or state agency. [PL 1989, c. 398, §7 (RPR).]

3. Railroad line. "Railroad line" means the right-of-way, track, track appurtenances, ties, bridges, station houses, sidings, terminals and other appurtenant structures of a railroad. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 160 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 160
23 §160. Property management
Status: in_force

Any property taken or acquired for highway purposes may be leased, let or rented by the department to a displaced person pending advantageous use for highway purposes. The department may renovate and maintain property pending such advantageous use. The proceeds from leasing, letting or renting such property shall be credited to the fund from which payment was made for the acquisition. The consideration paid by the tenant for occupancy shall not exceed the fair rental value of the property based on short-term occupation. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 1615 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1615
23 §1615. Pledge of federal highway funds
Status: in_force

The Department of Transportation may transfer, assign or pledge any or all of the funds paid to it, directly or indirectly, by the United States Department of Transportation, Federal Highway Administration with respect to the qualified transportation projects. Any such pledge does not constitute a debt or liability on behalf of, a loan of the credit of or a pledge of the faith and credit of the State or of any political subdivision of the State. A decision by the Department of Transportation not to allocate such federal transportation funds for the payment of such bonds or notes or related costs and expenses may not be construed to constitute an action impairing any contract entered into by the bank under this section. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 7212 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7212
23 §7212. Precautions at crossings
Status: in_force

No team or vehicle may be driven over any temporary crossing unless the team or vehicle is first stopped within a reasonable distance from the nearest rail of the crossing, and the operator, by looking and listening, determines that nothing is approaching on the tracks of the railroad. Nothing in this section may prevent the Department of Transportation from making further rules for safety at any crossing established under its direction as it deems expedient or necessary. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 3351-A — ME Code / Title 23 / Part 3 / Chapter 307 / Section 3351-A
23 §3351-A. Moratorium restoration requirement
Status: in_force

If a municipality issues a permit to open a street within 5 years after that street or highway was paved or substantially repaired, the municipality may require the permittee to relay the full width of the road surface on both sides of the cut for a distance of 20 feet from the furthest outside edges of the cut. If that repair overlaps the edge of a repair from a previous opening, the municipality may require the permittee to relay the full width of the road to the furthest edge of that previous repair. The municipality may prescribe the depth and method of restoring the pavement based upon the class of the street, except that in no case may the depth of the restored pavement be less than 1 1/2 inches. [PL 1999, c. 337, §3 (NEW).]
23 M.R.S. § 7228 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7228
23 §7228. Railroad company may enter private property
Status: in_force

For the purpose of creating and maintaining the fair view mentioned in sections 7221 to 7227 or for the purpose of improving the view at one or more angles, any steam railroad company subject to this chapter may enter on private property and remove any embankment or other obstruction except a dwelling house. The owner of the property is entitled to damages, and may have the damages estimated and paid in a manner provided in chapter 607 , and there is the same right of appeal as given in that chapter. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 611 — ME Code / Title 23 / Part 1 / Chapter 10 / Section 611
23 §611. Definition
Status: in_force

For the purposes of this chapter, a bikeway is defined as a vehicle way, paved or unpaved, upon which bicycles, unicycles or other man-powered vehicles may be pedaled. Electric personal assistive mobility devices, as defined in Title 29‑A, section 101, subsection 22‑A , may also be operated on bikeways, unless prohibited by local ordinance or state or federal law. A bikeway may be part of a road or highway, or it may be adjacent to a road or highway. [PL 2001, c. 687, §2 (AMD).]
23 M.R.S. § 1908-B — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1908-B
23 §1908-B. Outdoor advertising; outdoor athletic facilities
Status: in_force

1. Signs. A municipality may build and maintain an advertising sign visible to the traveling public from a public way at an outdoor athletic facility as long as the sign: A. Is oriented inward to the persons visiting or using the facility; [PL 2023, c. 214, §1 (NEW).] B. Is secured to a fence, scoreboard or accessory structure; [PL 2023, c. 214, §1 (NEW).] C. Does not exceed the height of the structure on which it is located; and [PL 2023, c. 214, §1 (NEW).] D. Does not exceed 4 feet by 8 feet. [PL 2023, c. 214, §1 (NEW).] [PL 2023, c. 214, §1 (NEW).]

2. Revenue collected. Revenue collected from advertising fees under this section by a municipality must be used for purposes related to the construction, maintenance, operation or programming of the athletic facility. [PL 2023, c. 214, §1 (NEW).]
23 M.R.S. § 3604 — ME Code / Title 23 / Part 3 / Chapter 311 / Section 3604
23 §3604. Collection procedure
Status: in_force

All assessments and charges made under sections 3601 to 3603 , shall be certified by the municipal officers and filed with the tax collector for collection. If the person assessed, within 30 days after written notice of the amount of such assessments and charges, fails, neglects or refuses to pay said municipality the expense thereby incurred, a special tax in the amount of such assessment and charges may be assessed by the municipal assessors upon each and every lot or parcel of land so assessed and buildings upon the same, and such assessment shall be included in the next annual warrant to the tax collector for collection, and shall be collected in the same manner as state, county and municipal taxes are collected.
23 M.R.S. § 6019 — ME Code / Title 23 / Part 7 / Chapter 607 / Section 6019
23 §6019. Loitering about or soliciting passengers
Status: in_force

1. Loitering prohibited. A person may not loiter or remain, without right, within any car or station house of a railroad corporation or upon the platform or grounds adjoining that station after being requested to leave by a railroad officer. [PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Soliciting passengers prohibited. A person may not solicit passengers, in competition with a railroad corporation, in a station or on the station grounds or wharves of the railroad corporation without a written permit signed by an officer of the corporation authorized to issue the permit. [PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Penalties. A person who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2003, c. 452, Pt. L, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
23 M.R.S. § 7153 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7153
23 §7153. Hearings and report
Status: in_force

1. Request for hearing. The department shall hold a hearing with regard to a railroad line if requested by any of the following: A. A shipper or shippers whose traffic on the railroad line totaled 500 tons in the year immediately preceding the application; [PL 1989, c. 398, §7 (RPR).] B. Any municipality having a siding, terminal, station or agency station of the railroad line within its bounds; or [PL 1989, c. 398, §7 (RPR).] C. A financially responsible person. [PL 1989, c. 398, §7 (RPR).] [PL 1989, c. 398, §7 (RPR).]

2. Notice; testimony at hearing. Not less than 14 days prior to holding a hearing, the department shall send written notice of the date and location to the parties requesting a hearing as well as the affected railroad company. In addition, the department shall publish 2 notices of the hearing in a newspaper of general circulation in the area of the State affected. Testimony received at the hearing may include the following: A. Whether the railroad has adequate rail service to fulfill public convenience and necessity; [PL 1989, c. 398, §7 (RPR).] B. Whether the operator of the railroad is providing safe, efficient and reliable rail service; [PL 1989, c. 398, §7 (RPR).] C. Whether the rail service over the railroad has substantially impaired the ability of the shippers or municipalities that depend upon it; [PL 1989, c. 398, §7 (RPR).] D. Whether the operation of the railroad has endangered the lives or property of the citizens of this State, including railroad employees; [PL 1989, c. 398, §7 (RPR).] E. Whether the operator of the railroad has refused or failed within a reasonable time to make necessary improvement to provide safe, efficient and reliable rail service; and [PL 1989, c. 398, §7 (RPR).] F. Other relevant issues. [PL 1989, c. 398, §7 (RPR).] [PL 1989, c. 398, §7 (RPR).]

3. Report. Upon conclusion of the hearing, the department shall issue a report concerning the operation of the railroad which shall be forwarded to the petitioning parties as well as the railroad company. In addition, this report shall be presented to the Governor as well as the President of the Senate and the Speaker of the House of Representatives. The department may also forward this report to the Interstate Commerce Commission, the Federal Railroad Administration or any other federal agency which is involved in the regulation of railroads. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 7001 — ME Code / Title 23 / Part 7 / Chapter 611 / Section 7001
23 §7001. Brakemen
Status: in_force

No train of passenger cars, moved by steam, may be run without one trusty and skillful brakeman to every 2 cars. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 242 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 242
23 §242. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §158 (AMD).]

1. Average annual net earnings. [PL 1989, c. 208, §§4, 21 (RP).]

2. Business. "Business" shall mean any lawful activity, excepting a farm operation conducted primarily: A. For the purchase, sale, lease and rental of personal and real property and for the manufacture, processing or marketing of products, commodities or any other personal property; [PL 1971, c. 333, §1 (NEW).] B. For the sale of services to the public; or [PL 1971, c. 333, §1 (NEW).] C. By a nonprofit organization; or [PL 1971, c. 333, §1 (NEW).] D. Solely for the purposes of section 244 , for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. [PL 1971, c. 333, §1 (NEW).] [PL 1971, c. 333, §1 (NEW).]

2-A. Comparable replacement dwelling. "Comparable replacement dwelling" means any dwelling that is: A. Decent, safe and sanitary; [PL 1989, c. 208, §§5, 21 (NEW).] B. Adequate in size to accommodate the occupants; [PL 1989, c. 208, §§5, 21 (NEW).] C. Within the financial means of the displaced person; [PL 1989, c. 208, §§5, 21 (NEW).] D. Functionally equivalent to the displacement dwelling; [PL 1989, c. 208, §§5, 21 (NEW).] E. In an area not subject to unreasonably adverse environmental conditions; and [PL 1989, c. 208, §§5, 21 (NEW).] F. In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. [PL 1989, c. 208, §§5, 21 (NEW).] [PL 1989, c. 208, §§5, 21 (NEW).]

2-B. Department. "Department" means the Department of Transportation. [PL 1989, c. 208, §§5, 21 (NEW).]

3. Displaced person. "Displaced person" is defined as follows. A. "Displaced person" means: (1) Any person who moves from real property or moves that person's personal property from real property: (a) As a direct result of a written notice of intent to acquire or the acquisition of that real property in whole or in part for a program or project undertaken by the department; or (b) On which the person is a residential tenant or conducts a small business, a farm operation or a business defined in subsection 2 , as a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes under a program or project undertaken by the department in any case in which the department determines that the displacement is permanent; and (2) Solely for the purposes of section 243 and section 244, subsections 1 and 2 , any person who moves from real property or moves that person's personal property from real property: (a) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the department; or (b) As a direct result of rehabilitation, demolition or such other displacing activity as the department prescribes of other real property on which the person conducts a business or a farm operation, under a program or project undertaken by the department where the department determines that the displacement is permanent. [PL 1989, c. 208, §§6, 21 (NEW).] B. "Displaced person" does not include: (1) A person who has been determined, according to criteria established by the department, either to be unlawfully occupying the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this subchapter; and (2) In any case in which the department acquires property for a program or project, any person, other than a person who was an occupant of the property at the time it was acquired, who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project. [PL 1989, c. 208, §§6, 21 (NEW).] [PL 1989, c. 208, §§6, 21 (RPR).]

4. Existing patronage. "Existing patronage" means either the volume of clientele or the annual net earnings for the 2 taxable years immediately prior to the taxable year in which the business was displaced. [PL 1989, c. 208, §§7, 21 (RPR).]

5. Farm operation. "Farm operation" shall mean any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. [PL 1971, c. 333, §1 (NEW).]

6. Federal agency. "Federal agency" shall mean any department, agency or instrumentality in the executive branch of the Federal Government, except the National Capitol Housing Authority, any wholly-owned government corporation, except the District of Columbia Redevelopment Land Agency, and the Architect of the Capitol, the Federal Reserve Banks and branches thereof. [PL 1971, c. 333, §1 (NEW).]

7. Mortgage. "Mortgage" shall mean such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of this State, together with the credit instruments, if any, secured thereby. [PL 1971, c. 333, §1 (NEW).]

8. Person. "Person" shall mean any individual, partnership, corporation or association. [PL 1971, c. 333, §1 (NEW).]

9. Program or project. "Program or project" means any highway construction or related activity undertaken by the Department of Transportation on a state or state-aid highway and any other activity undertaken and authorized by law to be carried out by the department. [PL 1989, c. 208, §§8, 21 (AMD).]

9-A. Small business. "Small business" means any business having fewer than 500 employees working at the site being acquired or permanently displaced by a program or project. [PL 1989, c. 208, §§9, 21 (NEW); PL 1989, c. 866, Pt. B, §1 (AMD); PL 1989, c. 866, Pt. B, §26 (AFF).]

10. State agency. "State agency" means any department, agency or instrumentality of this State or any political subdivision of this State, any department, agency or instrumentality of 2 or more states, or 2 more political subdivisions of the State or states and any person who has the authority to acquire property by eminent domain under state law. [PL 1989, c. 208, §§10, 21 (AMD).]
23 M.R.S. § 245 — ME Code / Title 23 / Part 1 / Chapter 3 / Section 245
23 §245. Administration
Status: in_force

The department shall carry out the functions of this subchapter either with its personnel or through any federal, state or municipal agency having an established organization for conducting relocation assistance programs; and is authorized and empowered to make all contracts and do all things necessary to fulfill the intent and purposes of this subchapter. [PL 1989, c. 208, §§17, 21 (AMD).]
23 M.R.S. § 7205 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7205
23 §7205. Crossing of public ways
Status: in_force

Railroads may cross any public highways in the line of the railroad, but may not pass along public highways without the written consent of the officials charged by statute with the duty of maintenance of these ways; but when a railroad is hereafter laid out across a public way, it shall be constructed so as to pass either over or under the way unless the Department of Transportation, after notice and hearing, authorizes a crossing at grade. Before entering on the construction of any railroad along or across public ways, the manner and conditions of crossings shall be determined as provided by section 7202 . [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 853 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 853
23 §853. Cooperation of municipal officers
Status: in_force

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. [PL 1971, c. 593, §22 (AMD).]
23 M.R.S. § 3054 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3054
23 §3054. Performance bonds required
Status: in_force

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.
23 M.R.S. § 1919 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1919
23 §1919. Fees
Status: in_force

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. [PL 1981, c. 318, §4 (RPR).]

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. [PL 1981, c. 318, §4 (RPR).]
23 M.R.S. § 4208 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4208
23 §4208. Defensive driving courses; fees
Status: in_force

The Department of Public Safety is authorized to conduct defensive driving courses for the purpose of promoting highway safety and to charge a registration fee of $65 to participants in the defensive driving courses conducted under the auspices of the department. The fee must be used to cover the cost of conducting the courses. Any balances remaining at the end of the fiscal year may not lapse but must be carried forward to be used for the purposes stated in this section. [PL 2023, c. 58, §1 (AMD).]

The course must include instruction in the existence and the practical purpose of parking laws and ordinances for persons with disabilities. [PL 1995, c. 505, §10 (AMD); PL 1995, c. 505, §22 (AFF).]
23 M.R.S. § 1976 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1976
23 §1976. Interim certificates
Status: in_force

Prior to the issuance of any bonds, the authority may issue interim certificates in such manner and with such conditions as the authority may determine to be exchanged for the bonds when issued. [PL 1981, c. 595, §3 (NEW).]
23 M.R.S. § 3101 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3101
23 §3101. Call of meetings; maintenance; repairs
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Private way" means a public easement as defined in section 3021, subsection 2 . [PL 2007, c. 625, §1 (NEW).] B. "Repairs and maintenance" does not include paving, except in locations where pavement does not exist if approved by an affirmative vote of at least 3/4 of the owners of all the parcels benefited by the private road, private way or bridge at a meeting called in accordance with subsection 2 or in locations where limited paving is demonstrated to be a cost-effective approach for fixing an erosion problem or to repair and maintain pavement existing for at least 8 years. "Maintenance" includes, but is not limited to, snowplowing, snow removal, sanding and ice control; grading and adding gravel and surface material; installing reclaimed asphalt or grinding existing pavement for reuse; installing, cleaning and replacing culverts; creating and maintaining ditches, drains and other storm water management infrastructure; creating and maintaining sight distances on curves and at intersections; and cutting brush, trees and vegetation in the right-of-way. [PL 2023, c. 387, §1 (AMD).] [PL 2023, c. 387, §1 (AMD).]

2. Call of meeting. When 4 or more parcels of land are benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private 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. The notary may issue a warrant or similar written notice setting forth the time, place and purpose of the meeting. Copies of the warrant or similar written notice must be mailed by means of the United States Postal Service to the owners of all the parcels benefited by the private road, private way or bridge at the addresses set forth in the municipal tax records at least 30 days before the date of the meeting. The notice must inform the owners of the planned meeting's agenda and specify all items to be voted on, including, but not limited to, all proposed budget items or amendments that will determine the amount of money to be paid by each owner pursuant to subsection 5 . Subsequent meetings may be called in the same manner or by a commissioner or board appointed at a previous meeting pursuant to subsection 5 . [PL 2013, c. 198, §2 (AMD).]

3. E-mail. E-mail may be used as an alternative to United States mail for sending notices and other materials under this section with the agreement of the receiving party as long as the communication includes the current address and telephone number of the sender for purposes of verification. [PL 2007, c. 625, §1 (NEW).]

4. Voting. Each parcel of land benefited by a private road, private way or bridge represents one vote under this section; except that, if the bylaws of the association authorize more than one vote, then each parcel may represent no more than 2 votes under this subsection. The call to a meeting may state that an owner may elect in writing to appoint another owner to vote in the owner's stead. Owners voting by absentee ballot must be polled on all voting items that were not included in the agenda and the final tally must be reported to the owners. [PL 2013, c. 198, §3 (AMD).]

4-A. Road associations. A road association under this subchapter through its commissioner or board may address present and future repair and maintenance of a private road, private way or bridge as authorized by the owners at meetings called and conducted pursuant to this section until the association is dissolved by a majority vote of its members. [PL 2013, c. 198, §4 (AMD).]

5. Commissioner or board; assessment for repair, maintenance and other costs. The owners of parcels of land benefited by a private road, private way or bridge at a meeting called pursuant to subsection 2 may choose a commissioner or board, to be sworn. By a majority vote of the owners present and voting in person or by written proxy or absentee ballot, the owners may determine what repairs and maintenance are necessary and the materials to be furnished or amount of money to be paid by each owner for repairs and maintenance and may determine the amount of money to be paid by each owner for other costs, including, but not limited to, the cost of liability insurance for the officers, directors and owners and costs of administration. The determination of each owner's share of the total cost must be fair and equitable and based upon a formula provided for in the road association's bylaws or adopted by the owners at a meeting called and conducted pursuant to this section. The commissioner or board shall report the outcome of all votes to all the owners by United States mail within 30 days. Special assessments for emergency repairs and maintenance may be made at a duly held meeting called for that purpose. Emergency repairs and maintenance are those actions necessary to maintain or restore the functionality of the private road, private way or bridge. [PL 2013, c. 198, §5 (AMD).]

5-A. Easements. A road association under this subchapter may negotiate an easement for the installation of a ditch, drain, culvert or other storm water management infrastructure to benefit the private road, private way or bridge. The easement must specify when a ditch, drain, culvert or other storm water management infrastructure must be maintained and include reasonable performance standards to guide the timing and extent of its upkeep and repair. The easement must also be recorded at the registry of deeds in the county in which the property subject to the easement is located. A ditch, drain, culvert or other storm water management infrastructure subject to an easement under this subsection must be under the control of and maintained by the road association. [PL 2013, c. 198, §6 (AMD).]

6. Commercial or forest management purposes. This section does not apply to a private road, private way or bridge constructed or primarily used for commercial or forest management purposes. [PL 2007, c. 625, §1 (NEW).]

7. Immunity from suit. A commissioner, board or owner of a parcel of land who undertakes activities of a road association under this subchapter is immune from civil liability in all actions by owners or lessees of other lots for the following activities: A. The determination of repairs and maintenance to be undertaken; [PL 2009, c. 238, §1 (NEW).] B. The determination of materials to be furnished or amount of money to be paid by each owner for repairs and maintenance; [PL 2009, c. 238, §1 (NEW).] C. The collection of the money from each owner; and [PL 2009, c. 238, §1 (NEW).] D. The awarding of a contract authorized under section 3103 . [PL 2009, c. 238, §1 (NEW).] [PL 2009, c. 238, §1 (NEW).]

8. Environmental violations. Notwithstanding subsection 7 , a commissioner, board or owner of a parcel of land is not immune from an enforcement action for a violation of law under the jurisdiction of the Department of Environmental Protection or a municipality. [PL 2009, c. 238, §2 (NEW).]

9. Insurance. A road association under this subchapter may purchase liability insurance to defend and indemnify the road association's officers, directors and owner members for any and all claims of liability or violation of law concerning the private road, private way or bridge and may include the costs of such insurance in the determination of each owner's share of the total cost under subsection 5 . [PL 2013, c. 198, §7 (NEW).]
23 M.R.S. § 2153 — ME Code / Title 23 / Part 2 / Chapter 207 / Section 2153
23 §2153. Appeals
Status: in_force

When proceedings have been had by the county commissioners on a petition for laying out, altering, grading or discontinuing a way in 2 or more counties, an appeal may be taken in the manner provided in case of a way wholly in one county.
23 M.R.S. § 7105 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7105
23 §7105. Railroads; lease or purchase of certain railroad lines by the Department of Transportation
Status: in_force

1. Definition of term "railroad line." Unless otherwise defined in this section, the term "railroad line" or "lines" shall be construed to mean the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. [PL 1989, c. 398, §7 (NEW).]

2. Temporary lease and contracts for continuation of service on certain railroad lines. The Department of Transportation may enter into a contract with a railroad and its duly constituted officers, trustees or owners for the temporary lease of railroad lines or any part of a railroad line, located in the State, owned or otherwise lawfully controlled by the railroad for which abandonment has been authorized by a duly constituted authority, state or federal, when in the judgment of the Department of Transportation the preservation of the railroad line or lines is necessary to protect the public interest. When in the judgment of the Department of Transportation the economic well-being of this State, or a significant portion of the State, will be impaired by the discontinuance of rail service over the railroad line or lines that have been authorized for abandonment, the department may contract for the continued operation of rail service over any line or lines on a temporary basis under rules to be prescribed by the department after notice and hearing at which interested parties have an opportunity to express their views, and on terms and conditions as the department and the owner of the railroad may agree. The leases authorized may be made to cover the right-of-way only or may cover the line intact, including the track, track appurtenances, ties, bridges, station houses and other necessary structures. Contracts for continuation of rail service may be made to include the lease of the line and may provide for service on less than a daily basis. The department shall report to the next session of the Legislature with a recommendation for disposition of the leased or subsidized lines. [PL 1989, c. 398, §7 (NEW).]

3. Purchase or lease of certain railroad lines. The Department of Transportation may purchase or lease railroad lines or any part of a railroad line or any other property located in the State, owned or otherwise lawfully controlled by any railroad when, in the judgment of the department, the purchase or lease of those railroad lines or property is necessary to protect the public interest. A. Before dismantling any track that results in a cessation of rail service upon all or part of a railroad line, or offering any railroad property for sale, or upon the abandonment of service along all or a portion of a railroad line, the department must be given the first option to lease or purchase, on just and reasonable terms, the railroad line, any part of the railroad line or other property. In the event that a lease is negotiated for the rights-of-way, the department shall consult with municipal officials and officers in the municipalities affected by the abandonment of service along the line to determine the need for preserving the rights-of-way along the abandoned portion of the line for rail transportation. If the department finds that the welfare of the State would be significantly and adversely affected by the loss of the line for railroad transportation purposes, the department shall seek to negotiate the purchase of the abandoned portion of the line. In making this determination, the department shall consider, among other criteria considered significant by the department, future economic development activities and opportunities in the area served by the abandoned railroad service. In addition, the department shall consult with the Department of Economic and Community Development and the Department of Agriculture, Conservation and Forestry in making the determination required in this section. The department shall, in good faith, seek to lease the railroad rights-of-way until it finds that the preservation of the rights-of-way is not necessary for the welfare of the State or until the voters of the State approve or disapprove, at a statewide election, the issue of bonds to purchase the rights-of-way along the abandoned portion of the line. Nothing in this paragraph may require the department to lease or purchase the railroad rights-of-way to an entire railroad line or any portion of the line for which railroad service has been abandoned if the railroad corporation owner does not intend to sell, lease or in any other way dispose of the rights-of-way by which railroad service could be easily restored along the abandoned service portion of the line. [PL 2011, c. 655, Pt. JJ, §10 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] B. The abandonment of service shall not mean or imply that the rights-of-way on a railroad line have been abandoned. In the event that the railroad, any person, firm or corporation, or any agency shows interest in the eventual restoration of service, the rights-of-way shall not be deemed abandoned. Since it is in the best interest of the State to retain the rights-of-way intact, this paragraph shall apply to all existing and future rights-of-way created prior to or following September 30, 1989. [PL 1989, c. 398, §7 (NEW); PL 1989, c. 600, Pt. A, §§11, 12 (AMD); PL 1989, c. 878, Pt. G, §3 (AMD).] C. Whenever the department acquires railroad lines, to hold and to manage for future railroad uses, those lines shall not be considered abandoned for railroad purposes. The commissioner shall periodically review the need to hold those lines for future railroad uses. [PL 1989, c. 398, §7 (NEW).] [PL 2011, c. 655, Pt. JJ, §10 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

4. Cooperation, acceptance and use of federal, state, local or private funds. The Department of Transportation may accept, for the State, federal funds that may be apportioned under the United States Regional Rail Reorganization Act of 1973, Public Law 93-236 as amended and supplemented, other federal funds, state funds and such municipal funds and private funds as may be available; to act for the State, in conjunction with the representatives of the Federal Government, municipal governments and private groups having a direct interest, in all matters relating to the acquisition, rehabilitation, construction or lease of railroad line or lines in the State and contracts for rail service continuation over railroad lines as provided in this section. [PL 1989, c. 398, §7 (NEW).]

5. Department to lease, purchase and dispose of operating equipment. The Department of Transportation may lease, purchase and dispose of railroad operating equipment used on rail lines acquired or leased pursuant to this chapter. The department may provide financial assistance and may lease or sell railroad operating equipment to short line operators providing rail service to those rail lines when determined to be in the best interest of the State. [PL 1989, c. 791, §3 (NEW).]
23 M.R.S. § 7101 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7101
23 §7101. Short title
Status: in_force

This subchapter shall be known and may be cited as the "State Railroad Preservation and Assistance Act." [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 2059 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2059
23 §2059. Removing growth and opening way
Status: in_force

The owners of land taken under sections 2051 to 2060 shall be allowed not exceeding one year after the proceedings regarding the location are finally closed to take off timber, wood or any erection thereon. A time not exceeding 2 years shall be allowed for making and opening the way.
23 M.R.S. § 153-C — ME Code / Title 23 / Part 1 / Chapter 3 / Section 153-C
23 §153-C. Acquisition of property identified in transportation planning; new bypass highway project
Status: in_force

1. Acquisition of property. If the Department of Transportation prepares an environmental impact statement as required by the federal National Environmental Protection Act of 1969 for permitting for the location of a new bypass highway project and property will be affected by the limits of the final bypass right-of-way and the property owner submits a request in writing to the department that the department acquire that portion of the owner's property determined necessary for the new bypass highway project, the department shall acquire the property determined necessary if: A. The department has received a least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers that will be incorporated into the environmental impact statement for corridor alignment indicating that certain property will be necessary for the purposes set forth in section 153-B, subsection 1 ; and [PL 2009, c. 454, §1 (NEW).] B. The fair market value is determined in accordance with this subchapter. [PL 2009, c. 454, §1 (NEW).] The request submitted by the property owner under this subsection must be submitted to the department within 9 months of the date that the department receives the least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers under paragraph A . [PL 2009, c. 454, §1 (NEW).]

2. Deadline for acquisition; extension. The following provisions govern the deadline for acquisition of property by the Department of Transportation pursuant to subsection 1 . A. The department shall acquire affected properties pursuant to this subchapter within 2 years from the date of issuance of the least environmentally damaging practicable alternative determination from the United States Army Corps of Engineers under subsection 1, paragraph A . [PL 2009, c. 454, §1 (NEW).] B. Notwithstanding paragraph A , if funding for the new bypass highway project is not available or if state or federal regulations preclude the department from acquiring real property, the department may extend the time period for acquisition of affected properties up to 2 years. Any extension under this paragraph must be submitted no later than 90 days before the expiration of the 2 years under paragraph A to the joint standing committee of the Legislature having jurisdiction over transportation matters for its review and comment. [PL 2009, c. 454, §1 (NEW).] [PL 2009, c. 454, §1 (NEW).]

3. Reservation of eminent domain powers. Nothing in this section affects or alters the rights of the Department of Transportation to exercise its rights of eminent domain under this Title. [PL 2009, c. 454, §1 (NEW).]
23 M.R.S. § 7310 — ME Code / Title 23 / Part 7 / Chapter 619 / Section 7310
23 §7310. Prior orders and rules effective
Status: in_force

All rules, orders and decrees in effect prior to October 24, 1977, which were issued by the Public Utilities Commission pursuant to the provisions in former Title 35 , which provisions are embraced in this subchapter, shall remain in full force and effect until the Commissioner of Transportation has acted pursuant to applicable provisions of this subchapter. [PL 1989, c. 398, §9 (NEW).]
23 M.R.S. § 5153 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5153
23 §5153. Trustees; vacancies; elections affirmed; decrees enforced
Status: in_force

When a railroad corporation mortgages its franchise for the payment of its bonds or coupons and trustees are appointed by the corporation, by special law or by the mortgage, the bondholders, at a regular meeting called for the purpose and notified as provided may, from time to time, elect by ballot new trustees to fill vacancies, when no other method for filling vacancies is specifically provided in the appointment, special law or mortgage. Any party interested may present the proceedings of the meeting to the Superior Court. The court shall appoint a time of hearing and order such notice to parties interested as it deems proper, and may affirm the elections and make and enforce any decrees necessary for the transfer of the trust property to the new trustees. The decrees shall be filed with the clerk of the judicial court where the hearing is had and be recorded by him. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 7106 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7106
23 §7106. Railroads; acquisition of railroad operating equipment by the Department of Transportation
Status: in_force

1. Definition of term "railroad operating equipment." [PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §4 (RP).]

2. Acquisition of railroad operating equipment. The Department of Transportation is authorized to lease, purchase and dispose of railroad operating equipment when in the judgment of the department the purchase or disposal of the equipment is necessary to protect the public interest. [PL 1989, c. 398, §7 (NEW).]

3. Cooperation, acceptance and use of federal, local or private funds. The Department of Transportation is authorized and empowered to accept, for the State any federal, municipal or private funds as may be available and to act for the State, in conjunction with the Federal Government, municipal governments and private groups having a direct interest in the acquisition of railroad operating equipment. [PL 1989, c. 398, §7 (NEW).]

4. Use of state funds prohibited. [PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §4 (RP).]

5. State liability. The State is not held liable in any contract pursuant to this chapter for the leasing or purchasing of equipment, facilities or services; for the delivery of products; for the storage of products; or for any other service or financial commitment that may result from the implementation of this chapter. [PL 1989, c. 398, §7 (NEW); PL 1989, c. 791, §5 (AMD).]
23 M.R.S. § 7206 — ME Code / Title 23 / Part 7 / Chapter 617 / Section 7206
23 §7206. Ways raised or lowered; course altered
Status: in_force

Highways and other ways may be raised or lowered, or the course of the highways may be altered, to facilitate a crossing or to permit a railroad to pass over or under the highway or at the side of it, on application to the Department of Transportation, and proceedings as provided by section 7202 , and for these purposes land may be taken and damages awarded as provided for laying out highways and other ways. The department may prescribe the manner in which the work shall be done by the corporation. While the use of any way is thereby obstructed, a temporary way shall be provided by the corporation. [PL 1989, c. 398, §8 (NEW).]
23 M.R.S. § 5124 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5124
23 §5124. Sale of limited tickets
Status: in_force

No person, other than a duly authorized agent of the railroad company issuing a railroad ticket, may sell, offer for sale or loan any railroad ticket limited to the use of a person or persons specified on the ticket at the time of its issuance by the railroad company, under a penalty of not less than $10 nor more than $100, for each offense, to be recovered on complaint. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 4242 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4242
23 §4242. Contracts for transportation-related services
Status: in_force

The department has full power in the procurement and letting of all contracts for transportation-related services. The department may award contracts for these services pursuant to procedures permitted by federal law. The department may solicit statements of qualifications and proposals, and award contracts for services based upon the criteria contained in the solicitations, only if the solicitations are posted electronically on the department's publicly accessible site on the Internet for at least 2 weeks or advertised in newspapers. If advertisements are published in newspapers, they must appear in 2 or more public newspapers circulated wholly or in part in the State and in one public newspaper circulated wholly or in part in the county where the proposed work is to be done, if any such newspaper is circulated in that county. [PL 2005, c. 313, §6 (NEW).]

The department has the full power to maintain qualifications and performance data on firms and individuals that seek to provide transportation-related services. The commissioner may designate projects requiring additional project-specific prequalification standards and procedures for interested firms and individuals. [PL 2005, c. 313, §6 (NEW).]
23 M.R.S. § 7102 — ME Code / Title 23 / Part 7 / Chapter 615 / Section 7102
23 §7102. Findings of fact
Status: in_force

The Legislature makes a finding of fact that a viable and efficient rail transportation system is necessary to the economic well-being of the State. [PL 1989, c. 398, §7 (RPR).]

The Legislature makes a further finding of fact that the State must take active steps to protect and promote rail transportation in order to further the general welfare. [PL 1989, c. 398, §7 (RPR).]
23 M.R.S. § 4404 — ME Code / Title 23 / Part 6 / Chapter 412 / Section 4404
23 §4404. Tolls
Status: in_force

The Department of Transportation shall, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375 , establish tolls for the use of such ferry line or lines by vehicles, freight and passengers. Tolls collected from the operation of the Maine State Ferry Service shall at all times be kept in a separate fund distinct from all other moneys of the State and shall be used for the operation and debt retirement of the ferry service. [PL 1981, c. 456, Pt. A, §88 (NEW).]
23 M.R.S. § 5168 — ME Code / Title 23 / Part 7 / Chapter 605 / Section 5168
23 §5168. Redemption of prior mortgages by junior mortgages
Status: in_force

When a subsequent mortgage of a railroad, its franchise or any part of its other property contains no provision for a sale, or contains a conditional provision depending on the application of a majority in amount of the claims secured thereby and no such application has been made to the trustees, the holder of the mortgage may redeem a prior mortgage on the same property which is under process of foreclosure at any time before it becomes absolute and hold it in trust for those who contributed thereto in proportion to the amount paid by each. [PL 1987, c. 141, Pt. A, §4 (NEW).]
23 M.R.S. § 1903 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1903
23 §1903. Definitions
Status: in_force

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

1. Commissioner. "Commissioner" means the Commissioner of Transportation. [PL 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. [PL 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. [PL 1993, c. 516, §1 (NEW).]

1-C. Agricultural product. [PL 2013, c. 529, §3 (RP).]

2. Erect. "Erect" means to construct, build, raise, assemble, place, display, affix, attach, create, paint, draw or in any other way bring into being or establish. [PL 2015, c. 403, §1 (AMD).]

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. [PL 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. [PL 1981, c. 318, §1 (RPR).]

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

8. On-premises sign. "On-premises sign" means a sign that is erected and maintained according to the standards set forth in section 1914 upon the real property upon which the business, facility or point of interest advertised by the sign is located, a sign licensed pursuant to section 1914, subsection 4 that is within the portion of the public right-of-way that abuts that real property or an approach sign as permitted by section 1914, subsection 10 . The sign may advertise only the business, facility or point of interest at, or the sale, rent or lease of, the property upon which it is located. [PL 2013, c. 529, §4 (AMD).]

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

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

10-B. Producer. "Producer" means a person who produces, cultivates, grows or harvests farm and food products, as defined in Title 7, section 415, subsection 1, paragraph B . [PL 2013, c. 529, §5 (AMD).]

10-C. Principal building or structure. "Principal building or structure" means a building where an advertised business or activity is regularly carried on or practiced or a parking lot or storage or processing area or other structure that is essential and customary to the conduct of the advertised business or activity. [PL 2013, c. 529, §6 (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. [PL 1981, c. 318, §1 (RPR).]

12. Residential directional sign. [PL 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. [PL 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. [PL 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. [PL 1981, c. 318, §1 (RPR).]

15-A. Temporary sign. "Temporary sign" means a sign bearing a noncommercial message that has been placed within the public right-of-way for a limited period of time. [PL 2015, c. 403, §2 (NEW).]

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. [PL 1981, c. 318, §1 (RPR).]

16-A. Urban compact municipality. "Urban compact municipality" has the same meaning as described in section 754, subsection 2, paragraph B . [PL 2019, c. 228, §1 (NEW).]

17. Visible. "Visible" means capable of being seen without visual aid by a person of normal visual acuity. [PL 1981, c. 318, §1 (RPR).]
23 M.R.S. § 751 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 751
23 §751. Establishment of system
Status: in_force

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. [PL 1981, c. 698, §99 (AMD).]
23 M.R.S. § 1616 — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1616
23 §1616. Contracts are subject to continuing federal appropriations of federal transportation funds
Status: in_force

Every contract relating to the issuance of bonds or notes to finance all or a part of the costs of qualified transportation projects must provide that all financial obligations of the State or of any agency or department of the State in regard to the portion of the principal of and interest on the bonds or notes and the related costs and expenses that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States Department of Transportation, Federal Highway Administration or any agency of the Federal Highway Administration and the Department of Transportation that is or will be the initial recipient of such federal transportation funds are subject to continuing federal appropriations of federal transportation funds at a level equal to or greater than the amount needed to pay the federal share of principal, interest and costs and expenses on any such bonds or notes. [PL 2007, c. 329, Pt. P, §1 (NEW).]
23 M.R.S. § 4304 — ME Code / Title 23 / Part 6 / Chapter 411 / Section 4304
23 §4304. Duties
Status: in_force

The board shall advise the Department of Transportation on matters relating to the Maine State Ferry Service and shall submit to the Commissioner of Transportation an annual report which shall include recommendations for change to the Maine State Ferry Service and comments upon the present and future needs of that service. Written reports and comments shall be available to the public. [PL 1975, c. 580, §4 (NEW).]

The board, in consultation with the Commissioner of Transportation, shall name ferry terminals and ferries constructed for and maintained by the Department of Transportation to operate as part of the Maine State Ferry Service. [RR 2025, c. 1, Pt. A, §31 (COR).]
23 M.R.S. § 1977 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1977
23 §1977. Trust funds
Status: in_force

Subject to any agreement with the bondholders, all revenue received from the operation of the turnpike after deducting expenditures required for the construction, reconstruction, operation and maintenance of the turnpike and for the payment of the principal and the interest on the bonds of the authority or otherwise in accordance with the provisions thereof, and after deducting the amount provided to the department pursuant to section 1961, subsection 7 , must be held and invested by the authority to establish trust funds for reserve and sinking funds for the retirement of bonded indebtedness. [PL 2011, c. 302, §16 (AMD).]
23 M.R.S. § 1909 — ME Code / Title 23 / Part 1 / Chapter 21 / Section 1909
23 §1909. Eligibility for official business directional signs
Status: in_force

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 adopted by the commissioner 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 of the State or any agency. [PL 2011, c. 344, §28 (AMD).]
23 M.R.S. § 4243 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4243
23 §4243. Contracts for construction and maintenance
Status: in_force

The department has full power in the procurement and letting of all contracts to construct, demolish or maintain transportation infrastructure. The department shall make, or cause to be made, all surveys, plans, estimates, specifications and contracts for all proposed work. If the work is to be contracted, the department shall, except as otherwise provided in this Title, advertise for bids for the proposed work electronically through the department's publicly accessible site on the Internet or through advertisements in newspapers. If advertisements are published in newspapers, advertisements must appear in 2 or more public newspapers circulated wholly or in part in the State and in one public newspaper circulated wholly or in part in the county where the proposed work is to be done if any such newspaper is circulated in that county. The advertisement must state the place where the bidders may purchase or examine the plans and specifications and the time and place where the bids for the work will be received by the department. Each bidder must accompany its bid with a bid guaranty in accordance with the department's specifications. All bids submitted must be publicly opened and read at the time and place stated in the advertisement. The department has the right to reject any bids and to advertise for new bids if, in the department's opinion, doing so is in the best interest of the department; otherwise, the department shall award the contract to the responsible bidder submitting the lowest bid. A town may submit bids for construction, demolition or maintenance of transportation infrastructure within that town's limits and is subject to all requirements prescribed for other contractors, except that a bond is not required of the town. The department may construct, demolish or maintain transportation infrastructure by day labor without advertising for bids and may, with the approval of the Governor, award contracts for the construction, demolition or maintenance of transportation infrastructure without advertising for bids if doing so is in the best interest of the State. [PL 2005, c. 313, §6 (NEW).]

The department has the full power to prequalify bidders for construction, demolition and maintenance projects based on factors contained in the department's written prequalification procedures. The commissioner may designate projects requiring project-specific prequalification standards and procedures for bidders. [PL 2005, c. 313, §6 (NEW).]

The department may adopt its own standard contract specifications. The department's standard specifications must be used in lieu of federally mandated contract clauses. [PL 2005, c. 313, §6 (NEW).]
23 M.R.S. § 1964-A — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1964-A
23 §1964-A. Board of directors
Status: in_force

The authority is managed by a board of 7 members. Except for the member from the department who serves ex officio, all members are appointed by the Governor subject to review by the joint standing committee of the Legislature having jurisdiction over transportation matters and to confirmation by the Senate. [PL 2011, c. 302, §9 (NEW).]

1. Qualifications. The 7 members of the board are as follows: A. The Commissioner of Transportation or the commissioner's designee from within the department, who serves ex officio; [PL 2011, c. 302, §9 (NEW).] B. Four members, one each from York, Cumberland, Androscoggin and Kennebec counties who serves as the representative from the county in which the member resides; and [PL 2011, c. 302, §9 (NEW).] C. Two at-large members who are residents of the State. [PL 2011, c. 302, §9 (NEW).] [PL 2011, c. 302, §9 (NEW).]

2. Term. Each appointed member holds office for 6 years or until a qualified successor has been confirmed. Each term expires on March 31st of the last year of the term. The terms of the appointed members must be staggered so that no more than one term expires in any given year. [PL 2011, c. 302, §9 (NEW).]

3. Vacancy. A member's term is vacated if the member dies, resigns, becomes incapacitated, is removed for cause or no longer meets a requirement under which the member was appointed. By majority vote of the remaining members, the board may declare and bring to the Governor's attention any circumstances creating a vacancy. When a vacancy occurs, the Governor may appoint a member to serve only for the unexpired portion of the term vacated. [PL 2011, c. 302, §9 (NEW).]

4. Removal. The Governor may remove a member from the board only for gross misconduct. For purposes of this subsection, "gross misconduct" means financial malfeasance, a deliberate or reckless failure to attend to duties required for governance of the authority or unexcused absences from 4 or more meetings of the board in a 12-month period. [PL 2011, c. 302, §9 (NEW).]

5. Chair. The Governor may appoint the chair from among members appointed to the board. In the absence of such appointment or if the position of chair is vacated, the board may elect a chair from among the members of the board. The chair must be appointed or elected for a one-year term at the board's annual meeting. [PL 2011, c. 302, §9 (NEW).]

6. Annual meetings; quorum; action. The board shall convene annually at a meeting held in September and more often as determined by the chair. Four members of the board constitute a quorum. Four votes are required to act on any matter, although a lesser number may adjourn a meeting. [PL 2011, c. 302, §9 (NEW).]

7. Compensation. Appointed members of the board are compensated in accordance with Title 5, section 12004-F, subsection 4 . [PL 2011, c. 302, §9 (NEW).]

8. Executive director. At its annual meeting each September, the board shall appoint or reappoint an executive director who is not a member of the board. An executive director's first appointment is subject to review by the joint standing committee of the Legislature having jurisdiction over transportation matters and to confirmation by the Senate. [PL 2011, c. 302, §9 (NEW).]

9. Secretary and treasurer. At its annual meeting each year, the board shall elect a secretary and a treasurer, who may be the same person and need not be a member of the board. The secretary and treasurer are responsible in their respective capacities directly to the board and may be relieved of their duties only by the board. Before the issuance of any bonds under this chapter, the secretary and the treasurer shall each execute a security bond in the penalty of $50,000. Each security bond must be approved by the Attorney General and conditioned upon the faithful performance of the duties of the secretary and treasurer. The bond must be filed in the office of the State Auditor. [PL 2011, c. 302, §9 (NEW).]

10. Compliance audits. In addition to retaining an annual auditor, the board shall retain a separate compliance auditor who shall: A. Periodically monitor the authority's financial operations and management controls; [PL 2011, c. 302, §9 (NEW).] B. Test selected transactions for policy compliance; [PL 2011, c. 302, §9 (NEW).] C. Make quarterly findings directly to the board and to the joint standing committee of the Legislature having jurisdiction over transportation matters; [PL 2011, c. 302, §9 (NEW).] D. Recommend to the board any necessary or advisable improvements to management systems, policies or controls; and [PL 2011, c. 302, §9 (NEW).] E. Render an annual compliance and management report in conjunction with the report of the authority's annual auditor. [PL 2011, c. 302, §9 (NEW).] [PL 2011, c. 302, §9 (NEW).]
23 M.R.S. § 1970 — ME Code / Title 23 / Part 1 / Chapter 24 / Section 1970
23 §1970. Bonds; how secured
Status: in_force

1. Trust indentures. In the discretion of the authority, bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State, or by a loan or other security agreement with a lender or with such a trustee containing provisions that may be included in a bond resolution or trust indenture under this chapter. The trust indenture or loan or other security agreement may pledge or assign tolls or revenues to be received but may not convey or mortgage the turnpike or any part thereof. Either the resolution providing for the issuance of the bonds or the trust indenture or loan or other security agreement may contain provisions for protecting and enforcing the rights and remedies of the bondholders or other lenders or of the trustee, if any, as may be reasonable and proper and not in violation of law, including: covenants setting forth the duties of the authority in relation to the acquisition of property; the construction, maintenance, operation, repair and insurance of the turnpike; the custody, safeguarding and application of all money; and any other provisions that the authority determines are necessary, convenient or desirable for the security of bondholders and other lenders or of the trustee, if any. Any such indenture or loan or other security agreement may restrict the individual right of action of bondholders or other lenders to the extent the authority determines is necessary, convenient or desirable. All expenses incurred in carrying out the trust indenture or loan or other security agreement may be treated as a part of the cost of the maintenance, operation and repair of the turnpike. [PL 2003, c. 152, §1 (NEW).]

2. Other agreements. The authority may enter into an agreement with a bank or financial institution incorporated within or outside of the State as necessary or convenient for the provision of trustee, paying agent, depository or other financial services in connection with bonds issued by the authority pursuant to this chapter, and it is lawful for any bank or trust company to enter into any such agreements with the authority and to furnish indemnity bonds or to pledge any securities required by the authority. [PL 2003, c. 152, §1 (NEW).]
23 M.R.S. § 3027 — ME Code / Title 23 / Part 3 / Chapter 304 / Section 3027
23 §3027. Vacation of proposed town ways in land subdivision; revocation of dedication
Status: in_force

1. Vacation of ways. When proposed town ways have been described in a recorded subdivision plan and lots have been sold with reference to the plan, the municipal officers, after notice to the municipal planning board or office, may, on their own initiative, on petition of the abutting property owners or on petition of any person claiming a property interest in the proposed way, vacate in whole or in part proposed ways that have not been accepted. The municipal officers shall give best practicable notice, as defined in section 3026‑A , subsection 1, of the proposed vacation to owners of lots on the recorded subdivision plan and their mortgagees of record. The notice must conform in substance to the following form: NOTICE (The municipal officers of) (A petition has been filed with the municipal officers of)_____________________ (Name of Town or City)__________________ (propose to) (to vacate) the following (ways) (way) shown upon a subdivision plan (named) (dated) (and) recorded in the_________________________County Registry of Deeds, Book of Plans, Volume________, Page________. (Herein list or describe ways to be vacated) If the municipal officers enter an order vacating (these ways) (this way) any person claiming an interest in (these ways) (this way) (adverse to the claims of the petitioners) must, within one (1) year of the recording of the order, file a written claim thereof under oath in the_________________ County Registry of Deeds and must, within one hundred eighty (180) days of the filing of the claim, commence an action in the Superior Court in ___________________ County in accordance with the Maine Revised Statutes, Title 23, section 3027‑A . The municipal officers shall file an order of vacation with the municipal clerk that specifies the location of the way, the names of owners of lots on the recorded subdivision plan and the amount of damages, if any, determined by the municipal officers to be paid to each lot owner or other person having an interest in the way. Damages and reasonable costs as determined by the municipal officers must be paid by the petitioners, if any. [PL 2015, c. 464, §6 (AMD).]

2. Revocation of dedication. A dedication of property or interest therein to the municipality described in a recorded subdivision plot plan may not be revoked or vacated by the dedicator unless no lot has been sold with reference to the plan, and unless an amended subdivision plan has been approved by the municipal subdivision review authority and recorded in the appropriate registry of deeds. [PL 1981, c. 683, §2 (NEW).]
23 M.R.S. § 8118 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8118
23 §8118. Property of the authority
Status: in_force

1. Property of the authority. All property of the authority pursuant to the provisions of this chapter is exempt from levy and sale by virtue of any execution and an execution or other judicial process is not a valid lien upon its property held pursuant to the provisions of this chapter. The authority may use its property only for the purposes set forth in this chapter. [PL 1995, c. 374, §3 (NEW).]

2. Entry upon lands. The authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it determines necessary or convenient for the purpose of this chapter and the entry may not be deemed a trespass nor is the authority liable for the discovery of any form of waste or environmental contamination. [PL 1995, c. 374, §3 (NEW).]

3. Authority for transfer of interest in land to the authority. Any county, municipality or other political subdivision, any public agency or commission of the State and any public service corporation or district, notwithstanding any contrary provisions of law, may lease, lend, grant or convey to the authority, upon its request and upon such terms and conditions as the proper authorities of the political subdivision, agency, commission, public service corporation or district determine reasonable and fair, any real or personal property or rights in the property that are necessary or convenient to the effectuation of the authorized purposes of the authority, including real and personal property or rights in the property already devoted to public use. As used in the subsection, the term "public service corporation" includes a public utility as defined in Title 35‑A, section 102, subsection 13 and a corporation referred to in Title 13‑C . [RR 2001, c. 2, Pt. B, §41 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
23 M.R.S. § 2060 — ME Code / Title 23 / Part 2 / Chapter 203 / Section 2060
23 §2060. Discontinuance where new state highway
Status: in_force

1. General procedures. When the Department of Transportation has constructed a highway over substantially the same route as that of a county or town way and has recorded the plans of that highway in the registry of deeds, the county commissioners or municipal officers may, on their own motion, after notice and hearing, proceed to alter or discontinue the portion of that way not within the limits of the highway. The county commissioners or municipal officers shall give notice and proceed as provided in this chapter or chapter 304 , as applicable, including serving any public utility having facilities located in that portion to be discontinued. Notice to abutters must include notice that all or a portion of the discontinued roadway may pass to the abutters unless an exception in the plans and order of discontinuance is requested. Any aggrieved person may appeal as provided in the applicable chapter. The plans prepared by the department and recorded in the registry of deeds must be referred to in describing those portions of the county or town way to be discontinued. The department shall prepare the description of the discontinuance order upon the request of the county commissioners or municipal officers. [PL 1999, c. 188, §2 (NEW).]

2. Effect and exceptions. Upon discontinuance, all interests of the county or municipality pass to the abutting property owners to the center of the way, including any public easement, in accordance with section 3026‑A . When the Department of Transportation is an abutting owner, then the interests in the way pass to the property owner opposite the department's ownership in accordance with a plan showing the right-of-way line established for the new highway location by the department. The plan must be referenced in the order of discontinuance. [PL 2015, c. 464, §1 (AMD).]
23 M.R.S. § 3103 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3103
23 §3103. Contracts for repair; reserve accounts
Status: in_force

The owners, at a meeting held under section 3101 , may by a majority vote of the owners present and voting in person or by written proxy or absentee ballot authorize: [PL 2023, c. 387, §2 (NEW).]

1. Contract for repair. A contract for repairs or maintenance to the private road, private way or bridge by the year or for a lesser time and may raise money for that purpose pursuant to section 3101, subsection 5 ; and [PL 2023, c. 387, §2 (NEW).]

2. Reserve account. A reserve account to be established to hold funds solely to be used for repairs and maintenance. [PL 2023, c. 387, §2 (NEW).]
23 M.R.S. § 1004 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 1004
23 §1004. Towns authorized to raise money
Status: in_force

To carry into effect section 1003 , towns are authorized to raise and appropriate money therefor. [PL 1981, c. 492, Pt. C, §13 (AMD).]
23 M.R.S. § 1352 — ME Code / Title 23 / Part 1 / Chapter 15 / Section 1352
23 §1352. Installation of rumble strip signs
Status: in_force

The department shall install signs on any state highway where centerline rumble strips are located to inform a driver that the driver is approaching a rumble strip. The signs must be placed in advance of the centerline rumble strip for both directions of travel where passing is permitted at a location to be determined by the department. The lettering, style, colors, size and format of the sign must comply with the latest edition of the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration under 23 Code of Federal Regulations, Part 655, Subpart F as adopted by the department. [PL 2009, c. 441, §1 (NEW).]
23 M.R.S. § 3104 — ME Code / Title 23 / Part 3 / Chapter 305 / Section 3104
23 §3104. Penalties and process
Status: in_force

Money recovered under sections 3102 and 3103 is for the use of the owners. In any notice of claim or process for the money's recovery, a description of the owners as owners of parcels of land benefited by the private road, private way or bridge by name, clearly describing each owner's parcel of land by the book and page number of the owner's deed as recorded in the county's registry of deeds and the private road, private way or bridge, is sufficient. If the private road, private way or bridge is shown on a plan recorded in the county's registry of deeds, the plan's recording reference is sufficient. Such process is not abated by the death of any owner or by the transfer of any owner's interest. Any money owed pursuant to section 3101 , 3102 or 3103 is an obligation that is personal to the owners of the subject parcels, jointly or severally, and also burdens the parcel and runs with the land upon the transfer of any owner's interest. After June 30, 2018, any money owed pursuant to section 3101 , 3102 or 3103 is not an obligation that burdens the parcel or runs with the land upon the transfer of any owner's interest unless a notice of claim is recorded in the county's registry of deeds prior to the transfer. A notice of claim filed in the registry of deeds expires 6 years from the date of recording unless extended prior to the expiration by recording of a notice of extension of the notice of claim. A recorded notice of claim may be extended for additional 6-year periods until the claim is paid. The commissioner or board may cause to be recorded in the county's registry of deeds a notice of claim for money owed pursuant to section 3101 , 3102 or 3103 that is more than 90 days delinquent and may add to the amount owed the recording costs for filing the notice of claim. The recording of such notice does not constitute slander of title. Before recording such notice or service of process of a complaint for collection in a civil action, the commissioner or board shall give the owner against whom such action is to be taken written notice, in the same manner as written notices of meetings are provided for in section 3101 , of the intended action if the debt is not paid within 20 days of the date of the written notice. This written notice to cure must be sent at least 30 days before the recording of the notice of claim or the service of process of the complaint for collection in a civil action. [PL 2023, c. 387, §3 (AMD).]
23 M.R.S. § 4203 — ME Code / Title 23 / Part 5 / Chapter 410 / Section 4203
23 §4203. Definitions
Status: in_force

The following terms, when used in this chapter, have the following meanings, unless the context otherwise requires. [PL 2011, c. 420, Pt. A, §17 (AMD).]

1. Commissioner. "Commissioner" means the Commissioner of Transportation. [PL 1971, c. 593, §16 (NEW).]

2. Department. "Department" means the Department of Transportation. [PL 1971, c. 593, §16 (NEW).]

3. Transportation. "Transportation" means any form of transportation for people or goods within, to or from the State, whether by highway, air, water or rail. [PL 1971, c. 593, §16 (NEW).]
23 M.R.S. § 1654-A — ME Code / Title 23 / Part 1 / Chapter 19 / Section 1654-A
23 §1654-A. Transfers from Highway Fund unallocated surplus
Status: in_force

At the close of each fiscal year, the State Controller shall transfer amounts exceeding $100,000 from the unallocated balance in the Highway Fund to the Department of Transportation Highway and Bridge Capital; Highway Light Capital; Maintenance and Operations; and Multimodal Transportation Fund programs, for capital and all other needs. The Commissioner of Transportation may allot these funds by financial order upon the recommendation of the State Budget Officer and the approval of the Governor. The transferred amounts are considered adjustments to allocations. Within 30 days after approval of the financial order, the Commissioner of Transportation shall provide to the joint standing committee of the Legislature having jurisdiction over transportation matters a report detailing the financial status of the Department of Transportation, Highway and Bridge Capital program. [PL 2025, c. 66, §1 (AMD).]

For the purposes of this section, "unallocated balance in the Highway Fund" means the amount remaining in the account at the close of the fiscal year after the deduction of all allocations, budgeted financial commitments and any other transfers authorized by statute. [PL 2025, c. 66, §1 (AMD).]

The State Controller shall include in the State Controller's official annual financial report at the close of each fiscal year a statement showing all transfers made from the unallocated balance in the Highway Fund for the fiscal period. [PL 2025, c. 66, §1 (AMD).]
23 M.R.S. § 8002 — ME Code / Title 23 / Part 7 / Chapter 621 / Section 8002
23 §8002. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 374, §3 (NEW).]

1. Authority. "Authority" means the Northern New England Passenger Rail Authority and any successors to that authority. [PL 1995, c. 374, §3 (NEW).]

2. Government agency. "Government agency" includes any department, agency, commission, bureau, authority, instrumentality and political subdivision of: A. The Federal Government; [PL 1995, c. 374, §3 (NEW).] B. The State; [PL 1995, c. 374, §3 (NEW).] C. Any other state; and [PL 1995, c. 374, §3 (NEW).] D. Canada and any of its provinces. [PL 2005, c. 312, §1 (AMD).] [PL 2005, c. 312, §1 (AMD).]

3. Railroad line. "Railroad line" or "lines" means the right-of-way, track, track appurtenances, ties, bridges, station houses and other appurtenant structures. [PL 1995, c. 374, §3 (NEW).]
23 M.R.S. § 704 — ME Code / Title 23 / Part 1 / Chapter 13 / Section 704
23 §704. Entrances to highways regulated
Status: in_force

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. [PL 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). [PL 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. [PL 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. [PL 1999, c. 676, §1 (NEW).] [PL 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. [PL 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. [PL 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. [PL 1999, c. 676, §1 (NEW); PL 1999, c. 676, §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 [PL 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. [PL 1999, c. 676, §1 (NEW); PL 1999, c. 676, §2 (AFF).] [PL 1999, c. 676, §1 (NEW); PL 1999, c. 676, §2 (AFF).]

6. Access denied. Notwithstanding any other provision of this Title, the Department of Transportation and the municipalities shall deny ingress to and egress from property abutting a controlled access highway established by the department pursuant to chapter 7 , except that the Commissioner of Transportation may allow access for the development of state and state aid highways and may allow access upon a determination by the commissioner that such access will not adversely affect public safety and will not have a significant negative impact on the mobility of through-travelers. The commissioner may approve or deny a relocation of an existing break in a control of access consistent with the rules adopted pursuant to subsection 2 . [PL 2013, c. 220, §1 (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. [PL 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. [PL 1999, c. 676, §1 (NEW); PL 1999, c. 676, §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 . [PL 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. [PL 2005, c. 188, §1 (NEW).]