An Act Concerning Winter Maintenance on Private Roads in the Town of Windham
Maine Legislature, Session 130, LD 1975
Committee: State and Local Government

Legislative Document
No. 1975
H.P. 1468
House of Representatives, February 10, 2022
An Act Concerning Winter Maintenance on Private Roads in the 
Town of Windham
(EMERGENCY)
Reported by Representative MATLACK of St. George for the Joint Standing Committee on 
State and Local Government pursuant to Private and Special Law 2021, chapter 10, section 4.
Reference to the Committee on State and Local Government suggested and ordered printed 
pursuant to Joint Rule 218.
ROBERT B. HUNT
Clerk
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; 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, continuation of this service may expose the Town of Windham to legal 
liability; and
Whereas, cessation of this service may expose the Town of Windham to legal 
liability; 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Whereas,  Private and Special Law 2021, chapter 10 is repealed on June 30, 2022; 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
Whereas, the Town of Windham has been unable, despite its best efforts, to 
successfully resolve all aspects of this complicated and long-standing situation and is now 
asking the Legislature for additional time to resolve the situation; and
Whereas, the Legislature recognizes the difficulties facing the Town of Windham and 
is willing to assist the town for a reasonable period of time; 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. 1.  P&SL 2021, c. 10, §4 is amended to read:
Sec. 4.  Town of Windham report.  The Town of Windham may submit a report 
to the Joint Standing Committee on State and Local Government by February 1, 2022 joint 
standing committee of the Legislature having jurisdiction over state and local government 
matters by October 1, 2024.  The report, if submitted, must include the following 
information: may detail the progress made by the council and the town manager to conform 
the use of public funds to provide winter maintenance on private ways with applicable 
constitutional and statutory laws.
A.  A detailed description of the progress made by the council and the town manager 
to conform the use of public funds to provide winter maintenance on private ways with 
applicable constitutional and statutory laws;
B.  An assessment by the Town of Windham fire-rescue chief regarding the use of fire-
rescue vehicles on private ways in the town for fire and safety protection;  
C.  An assessment by the Town of Windham police chief regarding the use of police 
vehicles on private ways in the town for public health and safety; and
D.  An assessment of whether winter maintenance by the Town of Windham of its 
designated private ways has an environmental impact on the surrounding water bodies.
The joint standing committee may report out a bill based on the report to the Second 
Sec. 2.  P&SL 2021, c. 10, §4-A is enacted to read:
Sec. 4-A.  Public easement sufficient for winter maintenance.  Beginning 
October 1, 2024, the council and the Town of Windham may use public equipment to 
perform winter maintenance on a private way, including snow removal and surface 
treatment for the public purpose of ensuring the health and safety of the residents of the 
Town of Windham and minimizing environmental damage to surrounding water bodies, as 
long as at least 50% of the owners of property abutting the private way have issued a public 
easement to the town.
Sec. 3.  P&SL 2021, c. 10, §5 is amended to read:
Sec. 5.  Repeal.  This Act is repealed June 30, 2022 Sections 2, 3 and 4 of this Act 
are repealed October 1, 2024.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill extends the repeal date of Private and Special Law 2021, chapter 10 until 
October 1, 2024 with the following additional amendments:
1.  It permits the Town of Windham to submit a report to the joint standing committee 
of the Legislature having jurisdiction over state and local government matters by October 
1, 2024 and permits the committee to report out a bill to the First Regular Session of the 
132nd Legislature; and 
2.  It permits the Town of Windham, beginning October 1, 2024, to provide winter 
maintenance, for public health and safety purposes and certain environmental purposes, on 
private ways over which at least 50% of the abutting property owners have issued the town 
a public easement. 
The bill is reported out by the Joint Standing Committee on State and Local 
Government pursuant to Private and Special Law 2021, chapter 10.  The committee has not 
taken a position on the substance of this bill.  By reporting this bill out the committee is not 
suggesting and does not intend to suggest that it agrees or disagrees with any aspect of this 
bill.  The committee is reporting the bill out for the sole purpose of having a bill printed 
that can be referred to the committee for an appropriate public hearing and subsequent 
processing in the normal course.  The committee is taking this action to ensure clarity and 
transparency in the legislative review of the proposals contained in the bill.