An Act Concerning Winter Maintenance on Private Roads in the Town of Windham
Maine Legislature, Session 130, LD 1975
Committee Amendment CA_A_H814 (House)

COMMITTEE AMENDMENT "fr" to H.P. 1468, L.D. 1975, "An Act Concerning 
Winter Maintenance on Private Roads in the Town of Windham" 
Amend the bill by striking out the emergency preamble 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, the Town of Windham has provided winter maintenance service to 
approximately 101 private ways in the town for several years without the intention to 
establish these private ways as town ways; and 
Whereas, approximately 1,700 residents live on the private ways maintained in the 
winter by the Town of Windham and have come to rely on this service; and 
Whereas, this Legislature enacted Private and Special Law 2021, chapter 10 to allow 
the Town of Windham time to work with residents to resolve this situation; and 
Whereas, Private and Special Law 2021, chapter 10 is repealed on June 30, 2022, and 
the Town of Windham has been unable, despite its best efforts, to successfully resolve all 
aspects of this complicated and long-standing situation; and 
Whereas, timely legislation is needed to resolve this situation before Private and 
Special Law 2021, chapter 10 is repealed; and 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,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. P&SL 2021, c. 10, is repealed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT•{/" to H.P. 1468, L.D. 1975 
Sec. 2. Definitions. As used in this Act, unless the context otherwise indicates, the 
following terms have the following meanings. 
1. Council. "Council" means the town council of the Town of Windham. 
2. Designated private way. "Designated private way" means a private way located 
in the Town of Windham that satisfies the criteria listed in section 3. 
3. Private way. "Private way" has the same meaning as in the Maine Revised Statutes, 
Title 23, section 1903, subsection 10-A. 
4. Road association. "Road association II means a road association created pursuant 
to the Maine Revised Statutes, Title 23, chapter 305, subchapter 2. 
5, Road commissioner. "Road commissioner" means the road commissioner, as 
described by the Maine Revised Statutes, Title 23, section 2701, of the Town of Windham. 
6. Town way. "Town way" has the same meaning as in the Maine Revised Statutes, 
Title 23, section 3021, subsection 3. 
7. Winter maintenance. "Winter maintenance" means the snow removal and surface 
treatment, including sanding and salting, performed on designated private ways. 
Sec. 3. Identification of designated private ways. The council may identify a 
private way in the Town of Windham as a designated private way if: 
1. The council has evidence that the Town of Windham performed winter maintenance 
on the private way for at least 20 years prior to the effective date of this Act; and 
2. The road commissioner has determined that the private way cannot meet standards 
developed or required by generally applicable local ordinances for dedication and 
acceptance as a town way pursuant to the Maine Revised Statutes, Title 23, section 3025. 
Sec. 4. Designated private way roster and map. The Town of Windham may 
create and maintain a roster and map of all designated private ways. 
Sec. 5. Authorization of winter maintenance on designated private ways. 
Until October 1, 2023, the council and the Town of Windham may use public equipment 
to perform winter maintenance on a designated private way regardless of the existence of 
a public easement over the designated private way for the public purpose of ensuring the 
health and safety of the residents of the Town of Windham and minimizing environmental 
damage to sunounding water bodies. 
Sec. 6. Development of basic maintenance standards. The road commissioner 
may, in consultation with the council, develop basic maintenance standards for designated 
private ways so that the road commissioner may identify maintenance that must be 
performed by a road association or property owners benefited by the designated private 
way for public winter maintenance under section 7. 
Sec. 7. Conditions for public winter maintenance. Beginning October 1, 2023, 
the council and the Town of Windham may use public equipment to perform winter 
maintenance on a designated private way only if the following conditions are met: 
1. The private way is under the purview of a road association or association of property 
owners with authority to address general maintenance of the designated private way; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "It;" to H.P. 1468, L.D. 1975 
2. The council or road commissioner has notified the road association or owners of 
property benefited by the designated private way of the maintenance that must be 
performed for the designated private way ·to meet the basic maintenance standards 
established in section 6 and the maintenance is performed, to the road commissioner's 
satisfaction, by September 1st following the date on which notice was given; and 
3. At least 67% of the owners of property abutting the designated private way have 
issued a public easement to the town. 
Sec. 8. Notification. If the Town of Windham provides public winter maintenance 
pursuant to section 7, it shall retain a certificate of mailing showing that written notice to 
each owner of property abutting the designated private way was mailed within 60 days of 
the effective date of this Act. 
Sec. 9. Ordinance. The council may enact an ordinance to effectuate the provisions 
of this Act. 
Sec. 10. Claim preclusion. If a private way meets the criteria of section 3, no road 
association or owner of property benefited by the private way may bring a claim asserting 
that the private way has become a town way or that the Town of Windham has established 
an ongoing maintenance obligation by any method or mechanism other than dedication and 
acceptance pursuant to the Maine Revised Statutes, Title 23, section 3025.' 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which was reported out by the Joint Standing 
Committee on State and Local Government pursuant to Private and Special Law 2021, 
chapter 10. This amendment, as emergency legislation, supersedes chapter 10. It permits 
the town to: 
1. Provide winter maintenance to certain private ways in the town for the public 
purpose of ensuring the public health and safety of residents and minimizing environmental 
damage to surrounding water bodies until October 1, 2023 regardless of whether a public 
easement exists over the private way; 
2. Identify and create a roster and map of the private ways on which the town provided 
winter maintenance for at least 20 years prior to the effective date of this legislation; 
3. Develop basic maintenance standards for private ways on which the town may 
provide public winter maintenance after October 1, 2023; 
4. Provide winter maintenance to private ways under certain conditions and only if 
written notice is provided fo property owners within 60 days of the effective date of this 
legislation; and 
5. Enact an ordinance to effectuate. the provisions of this legislation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fr" to H.P. 1468, L.D. 1975 
The amendment prevents a road association or property owners benefited by a private 
way receiving winter maintenance from the town from asserting a claim that the private 
way has become a town way by any method or mechanism other than dedication and 
acceptance pursuant to the Maine Revised Statutes, Title 23, section 3025. 
COMMITTEE AMENDMENT