An Act Regarding Winter Maintenance on Private Roads in the Town of Windham (AFTER DEADLINE)
Maine Legislature, Session 130, LD 1723
Committee: State and Local Government
Sponsors: BRYANT, DIAMOND, COREY

Legislative Document
No. 1723
H.P. 1278
House of Representatives, May 19, 2021
An Act Regarding Winter Maintenance on Private Roads in the 
Town of Windham
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRYANT of Windham.
Cosponsored by Senator DIAMOND of Cumberland and
Representative: COREY of Windham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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, subsection 1.
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" 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. 2.  Authorization of winter maintenance on designated private ways.  
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.
Sec. 3.  Ordinance; roster and conditions for winter maintenance.  The 
council shall, within 60 days of the effective date of this Act, enact an ordinance to provide 
for the winter maintenance of designated private ways according to this section.
1.  Identification of designated private ways.  The council shall identify a private 
way in the Town of Windham as a designated private way if:
A.  The council has evidence that the Town of Windham has performed winter 
maintenance on the private way for at least 20 years prior to the effective date of this 
Act; and
B.  The road commissioner has determined that the private way cannot meet standards 
developed or required by generally applicable local ordinances for dedication and 
acceptance of the private way as a town way pursuant to the Maine Revised Statutes, 
Title 23, section 3025.
2.  Creation and maintenance of designated private way roster and map.  The 
Town of Windham shall create and maintain a roster and map of all designated private 
ways.  If a private way is included on the roster and map of designated private ways, 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 by any method or mechanism other 
than dedication and acceptance pursuant to the Maine Revised Statutes, Title 23, section 
3025.
3.  Development of basic maintenance standards.  The road commissioner shall, in 
consultation with the council, develop basic maintenance standards for private ways that 
the road commissioner shall use to determine the necessary maintenance a road association 
or owners of property benefited by a private way must perform for the private way to 
continue to be identified as a designated private way.
4.  Conditions of suspension and termination.  The Town of Windham may suspend 
or cease to perform winter maintenance on a designated private way as follows.
A.  The Town of Windham has no obligation to perform winter maintenance on a 
designated private way if:
(1)  The council or road commissioner has notified the road association or owners 
of property benefited by the private way of maintenance necessary to satisfy the 
road commissioner's maintenance standards and the maintenance is not performed 
to the road commissioner's satisfaction by September 1st following the date on 
which notice was given; or
(2)  Owners of property benefited by the private way have not formed a road 
association within 2 years of the effective date of this Act or before a later date set 
by the council.
Within 60 days of the creation of the roster and map of designated private ways 
pursuant to subsection 2, the council shall notify the road association or owners of 
property benefited by a designated private way of the conditions for continued winter 
maintenance contained in this paragraph.
B.  A private way must be removed from the roster and map of designated private ways 
created pursuant to subsection 2 if:
(1)  The council accepts the private way as a town way pursuant to the Maine 
Revised Statutes, Title 23, section 3025 and any applicable local ordinance; or
(2)  The road association of the private way or a majority of the owners of property 
benefited by the private way present a petition to the council for the removal of the 
private way from the roster and map.
5.  Ordinance.  The council may by ordinance establish additional policies and 
procedures to effectuate the provisions of this Act.
SUMMARY
This bill authorizes the Town of Windham to provide winter maintenance, including 
snow removal, sanding and salting, on certain designated private ways using town 
equipment.  The bill requires the town council of the Town of Windham to enact an 
ordinance governing the performance of winter maintenance on private ways, including 
establishing eligibility criteria for private ways, creating a roster and map of designated 
private ways, developing maintenance standards for designated private ways and setting 
conditions for the suspension and termination of winter maintenance.  The bill also limits 
the ability of a road association or owners of property benefited by a private way to claim 
that the private way has become a town way by virtue of the town's performance of winter 
maintenance.