An Act To Allow a Landowner To Alter Land within a Highway Right-of-way Held by the Department of Transportation
Maine Legislature, Session 123, LD 0921
Committee Amendment CA_A_H222 (House)
Amends: 23 MRSA §1401-A

COMMITTEE AMENDMENT "/1,, to H.P. 696, L.D. 921, Bill, "An Act To Allow 
a Landowner To Alter Land within a Highway Right-of-way Held by the Department of 
Transportation" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Allow a Landowner To Erect Installations in or near a State or 
State Aid Highway' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation will allow certain projects to proceed to address erosion 
control issues and these projects need to occur during this construction season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 23 MRSA §1401-A, as enacted by PL 2003, c. 452, Pt. L, §3 and affected 
by Pt. X, §2, is amended to read: 
§1401-A. Installations restricted 
1. Installing of buildings or fixtures. A Except as provided in subsection I-A, a 
person may not install, erect or construct, or cause to be installed, erected or constructed, 
installations such as buildings, gasoline pumps or other fixtures, in, upon or near any state 
or state aid highway, located as follows: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'~ » to H.P. 696, L.D. 921 
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A. Within the full width of the right-of-way of any state or state aid highway as laid 
out by the State, the county or the town; 
B. Within 33 feet of the center line of any state or state aid highway. This paragraph 
does not apply to installations or other property in existence on August 6, 1949. The 
commissioner has discretion to waive the application of this paragraph to the 
reconstruction of a building in the general location of the previously existing building 
if the commissioner determines that highway safety and the public welfare will not be 
adversely affected; or 
C. Within 20 feet from the outside edge of any of the paved portion of any state or 
state aid highway having more than 2 travel lanes and having a total paved portion in 
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excess of 24 feet in width. This paragraph does not apply to installations or other 
property in existence on September 1, 1955. 
I-A. Limited waiver. The commissioner may grant a person a written waiver of any 
of the provisions of subsection I and permit the construction of a fixture in, upon or near 
a state or state aid highway located in a municipality if: 
A. 
The commissioner receives a written statement from the municipal officers 
requesting or supporting the waiver; 
B. The posted speed limit where the construction will occur is no more than 35 miles 
per hour; and 
C. The commissioner determines that highway safety and public welfare will not be 
adversely affected. 
The commissioner may include in the waiver any conditions the commissioner 
determines necessary to ensure public safety and welfare. Violation of the terms of a 
waiver constitutes a violation of this section. 
2. Penalties. The following penalties apply to violations of this section. 
A. 
A person who violates this section commits a civil violation for which a fine of 
not less than $5 and not more than $500 may be adjudged. 
B. 
After having been adjudicated as having violated paragraph A, a person who 
unlawfully maintains any installations such as buildings, gasoline pumps or other 
fixtures for 30 days after the adjudication is subject to an additional fine of not more 
than $50 for each day such installations are maintained. 
3. Application. This section does not apply to the installations or other property 
devoted to the public use of any public utility or district and underground pipelines. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. The bill allowed landowners to alter land within 
the right-of-way of a state or state aid highway in order to control erosion or improve the 
land. The amendment allows the Commissioner of Transportation to allow construction 
of fixtures within the bounds a state or state aid highway located in a municipality if the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,~, to H.P. 696, L.D. 921 
construction is supported by the municipal officers, the road speed is no more than 35 
miles per hour and the commissioner determines the construction will not adversely affect 
safety or the public welfare. The amendment also adds an emergency preamble and 
clause to the bill. 
FISCAL :\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/07/07 ;:!;?ac.. 
LD921 
LR 943(02) 
An Act To Allow a Landowner To Alter Land within a Highway Right-of-way Held by the 
Department of Transportation 
Fiscal Note for Bill as Amended by Committee Amendment 'ff" 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Highway Fund 
LR0943(02) - Fiscal Note - Page I of I