An Act Regarding Private Roads
Maine Legislature, Session 131, LD 0461
Committee: State and Local Government
Sponsors: VITELLI, HEPLER, DAUGHTRY, SACHS
Amends: 23 MRSA §1903, 23 MRSA §1914, 23 MRSA §3104, 23 MRSA §3107, 29-A MRSA §101, 29-A MRSA §2063, 29-A MRSA §2356, 29-A MRSA §2382

Legislative Document
No. 461
S.P. 215
In Senate, February 6, 2023
An Act Regarding Private Roads
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative HEPLER of Woolwich and
Senator: DAUGHTRY of Cumberland, Representative: SACHS of Freeport.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  23 MRSA §1903, sub-§10-A, as repealed and replaced by PL 1981, c. 318, 
§1, is amended to read:
10-A.  Private way.  "Private way" means a private road, driveway or public easement 
as defined in section 3021, subsection 2.
Sec. 2.  23 MRSA §1903, sub-§10-D is enacted to read:
10-D.  Private road.  "Private road" means a privately owned and maintained road 
over which the owner may restrict passage.
Sec. 3.  23 MRSA §1914, sub-§10, as amended by PL 2013, c. 529, §9, is further 
amended to read:
10.  Approach signs.  Any business or facility whose principal building or structure, 
or a point of interest, which is located on a private way or private road more than 1,000 feet 
from the nearest public way, or is not visible to traffic from the nearest public way, private 
way or private road, may erect no more than 2 approach signs with a total surface area not 
to exceed 100 square feet per sign. These signs are to be located outside the public right-
of-way limits within 300 feet of the junction of the public ways and private ways or private 
roads.
Sec. 4.  23 MRSA c. 305, sub-c. 2, as amended, is further amended by amending 
the subchapter headnote to read:
SUBCHAPTER 2
PRIVATE WAYS ROADS
Sec. 5.  23 MRSA §3104, as amended by PL 2017, c. 306, §1, is further amended to 
read:
§3104.  Penalties and process
Money recovered under sections 3102 and 3103 is for the use of the owners.  In any 
notice of claim or process for the money's recovery, a description of the owners as owners 
of parcels of land benefited by the private road, private way or bridge by name, clearly 
describing each owner's parcel of land by the book and page number of the owner's deed 
as recorded in the county's registry of deeds and the private road, private way or bridge, is 
sufficient.  If the private road, private way or bridge is shown on a plan recorded in the 
county's registry of deeds, the plan's recording reference is sufficient. Such process is not 
abated by the death of any owner or by the transfer of any owner's interest.  Any money 
owed pursuant to section 3101, 3102 or 3103 is an obligation that is personal to the owners 
of the subject parcels, jointly or severally, and also burdens the parcel and runs with the 
land upon the transfer of any owner's interest.  After June 30, 2018, any money owed 
pursuant to section 3101, 3102 or 3103 is not an obligation that burdens the parcel or runs 
with the land upon the transfer of any owner's interest unless a notice of claim is recorded 
in the county's registry of deeds prior to the transfer.  A notice of claim filed in the registry 
of deeds expires 18 months from the date of recording unless extended prior to the 
expiration by recording of a notice of extension of the notice of claim.  A recorded notice 
of claim may be extended for additional 18-month periods until the claim is paid.  The 
commissioner or board may cause to be recorded in the county's registry of deeds a notice 
of claim for money owed pursuant to section 3101, 3102 or 3103 that is more than 90 days 
delinquent and may add to the amount owed the recording costs for filing the notice of 
claim.  The recording of such notice does not constitute slander of title.  Before recording 
such notice or service of process of a complaint for collection in a civil action, the 
commissioner or board shall give the owner against whom such action is to be taken written 
notice, in the same manner as written notices of meetings are provided for in section 3101, 
of the intended action if the debt is not paid within 20 days of the date of the written notice.  
This written notice to cure must be sent at least 30 days before the recording of the notice 
of claim or the service of process of the complaint for collection in a civil action.
Sec. 6.  23 MRSA §3107 is enacted to read:
§3107.  Standards
A municipality shall establish minimum standards for private road construction in the 
municipality. The standards must include a requirement for inspection of the road base by 
the municipality prior to construction.
Sec. 7.  29-A MRSA §101, sub-§58, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected Pt. B, §5, is repealed.
Sec. 8.  29-A MRSA §101, sub-§58-A is enacted to read:
58-A.  Private road.  "Private road" means a privately owned and maintained road 
over which the owner may restrict passage.
Sec. 9.  29-A MRSA §2063, sub-§14, as amended by PL 2021, c. 86, §1, is further 
amended by amending the first blocked paragraph to read:
This subsection may not be construed to limit the authority of the owner of a private way 
road or the owner of private property to restrict or allow the operation of electric bicycles 
on the owner's private way road or private property.
Sec. 10.  29-A MRSA §2356, sub-§6, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
6.  Private ways roads exempted.  This section does not apply to operating on private 
ways roads.
Sec. 11.  29-A MRSA §2382, sub-§7, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
7.  Construction permits.  A permit for a stated period of time may be issued for loads 
and equipment employed on public way construction projects, United States Government 
projects or construction of private ways roads, when within construction areas established 
by the Department of Transportation.  The permit:
A.  Must be procured from the municipal officers for a construction area within that 
municipality;
B.  May require the contractor to be responsible for damage to ways used in the 
construction areas and may provide for:
(1)  Withholding by the agency contracting the work of final payment under 
contract; or
(2)  The furnishing of a bond by the contractor to guarantee suitable repair or 
payment of damages.
The suitability of repairs or the amount of damage is to be determined by the 
Department of Transportation on state-maintained ways and bridges, otherwise by the 
municipal officers;
C.  May be granted by the Department of Transportation or by the state engineer in 
charge of the construction contract; and
D.  For construction areas, carries no fee and does not come within the scope of this 
section.
Sec. 12.  Municipalities to develop or update list of town ways, private ways 
and private roads.  Each municipality shall develop or update publicly available 
inventories relating to all known town ways, private ways and private roads within its 
borders and share such inventories with the Department of Transportation, Bureau of 
Maintenance and Operations by November 1, 2023. Boards of county commissioners, 
landowners, road associations, surveyors and other interested parties may share relevant 
information related to town ways, private ways and private roads with municipalities and 
the Department of Transportation, Bureau of Maintenance and Operations. By January 1, 
2024, the Department of Transportation shall provide to the Joint Standing Committee on 
State and Local Government an update on the status of road inventories developed by 
municipalities under this section.
Sec. 13.  Guidance.  By November 1, 2024, the Department of Transportation shall 
create a model ordinance based on the provisions in the Woolwich Subdivision Ordinance 
related to private road standards to guide municipalities in complying with the Maine 
Revised Statutes, Title 23, section 3107.
Sec. 14.  Private road construction standards.  Municipalities shall establish 
standards for private road construction by November 1, 2025.
SUMMARY
This bill does the following.
1.  It changes the definition of "private way" in the Maine Revised Statutes, Title 23 to 
have the same meaning as "public easement" and defines "private road." Relevant 
provisions of Title 23 are amended for consistency with the new definition of "private 
road." 
2.  It repeals the definition of "private way" in Title 29-A and defines "private road." 
Relevant provisions of Title 29-A are amended for consistency with the new definition of 
"private road." 
3.  It directs the Department of Transportation to create a model ordinance to guide 
municipalities on minimum standards for private road construction by November 1, 2024 
and directs municipalities to develop minimum standards for private road construction by 
November 1, 2025. 
4.  It removes the 18-month expiration and 18-month extension option for recorded 
notice of claims under Title 23, section 3104. 
5.  It requires municipalities to develop or update a one-time inventory of all known 
town ways, private ways and private roads within each municipality and requires the 
Department of Transportation, by January 1, 2024, to update the Joint Standing Committee 
on State and Local Government on the status of those inventories by those municipalities.