Resolve, Directing the Department of Transportation To Amend Its Rules Regarding Noise Abatement and Abatement Costs (AFTER DEADLINE)
Maine Legislature, Session 122, LD 2040
Committee: Transportation
Sponsors: GLYNN, BROMLEY, BLISS, COLLINS, EBERLE, MARLEY

Legislative Document 
No. 2040 
H.P.1438 
House of Representatives, March 1,2006 
Resolve, Directing the Department of Transportation To Amend Its 
Rules Regarding Noise Abatement and Abatement Costs 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative GLYNN of South Portland. 
Cosponsored by Senator BROMLEY of Cumberland and 
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1h.1J?dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLISS of South Portland, COLLINS of Wells, EBERLE of South Portland, 
MARLEY of Portland, McKENNEY of Cumberland. 
Printed on recyclt:d paper 
Preamble. Whereas, under the statewide noise policy adopted by the Department 
of Transportation, if a highway project results in noise levels that approach or exceed the 
noise abatement criteria for the corresponding land use category, the area or site subjected 
to the excessive noise levels may be eligible for a noise abatement program; and 
Whereas, the statewide noise policy establishes the weighted sound level for 
residences at 67 decibels; and 
Whereas, the statewide noise policy limits eligibility for a noise abatement program 
to those residences that are adjacent to a highway project; and 
Whereas, there are many more residences beyond those that immediately abut the 
highway that experience the adverse impact of excessive noise resulting from a highway 
project; and 
Whereas, the statewide noise policy limits to $20,000 the maximum cost of noise 
abatement per affected property; and 
Whereas, this amount has not been adjusted for inflation in many years; now, 
therefore, be it 
Sec. 1. 
Amendment of statewide noise policy. 
Resolved: 
That the 
Department of Transportation shall amend the eligibility requirements contained in the 
statewide noise policy adopted pursuant to 23 Code of Federal Regulations in accordance 
with the following. 
1. Eligibility for a Type I or a Type II Noise Abatement Program must be extended 
to include those properties that do not immediately abut the highway project but that, as a 
result of the highway project, approach or exceed the noise abatement criteria for the 
corresponding land use category. 
2. The overall cost of abatement of $20,000 per affected property must be adjusted 
by a factor that represents the annual inflation adjustment for each year between the 
adoption of the statewide noise policy and the effective date of this resolve and must 
thereafter be adjusted annually for inflation. 
SUMMARY 
Under the eXIstmg statewide noise policy adopted by the Department of 
Transportation, a property must abut a highway project in order to be eligible for a noise 
abatement program. This resolve directs the Department of Transportation to amend the 
policy to expand eligibility to affected properties that do not immediately abut the 
highway project but that, as a result of the highway project, approach or exceed the 
relevant noise abatement criteria. 
In addition, the existing statewide noise policy imposes an abatement cost limit of 
$20,000 per affected property. This resolve requires that the cost limit be adjusted by a 
factor that represents the animal inflation adjustment for each year since the statewide 
noise policy was adopted and directs that the amount thereafter be adjusted annually for 
inflation. 
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