2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2516. Permits for moving buildings, cutting wires, removing poles; expenses; damages

§2516. Permits for moving buildings, cutting wires, removing poles; expenses; damages
The following provisions apply to permits for moving buildings, cutting wires and removing poles.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Permit required to cut wires and remove poles.
A person may not cut, disconnect or remove the wires or poles of a telephone or transmission and distribution utility in order to move a building, alter, repair or improve a street, bridge or way, or for any other purpose unless that person:
A. Applies in writing to the municipal officers of the municipalities in which changes or alterations of wires or poles are desired, or in which a building is to be moved; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Receives a written permit from the officers.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1999, c. 398, Pt. A, §38 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
2.  Hearings and notice.
Upon receipt of the application, the municipal officers shall:
A. Fix a time and place for a hearing; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Give reasonable notice of the hearing, including actual notice to any utility whose service may be interrupted or property interfered with.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Granting of permit and apportionment of expenses.
Upon hearing, the municipal officers may grant a permit on such terms and conditions and make such apportionment of expenses as they determine best.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Permit for removal of wires or poles used by a utility for transmitting train orders or operating block signals.
No wires or poles owned or used under contract by a utility for transmitting train orders or operating block signals may be cut, disconnected or removed unless:
A. The utility and the person desiring to cut, disconnect or remove the wires or poles first agree to the terms of the cutting, disconnection or removal; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Upon application for a permit to the commission, actual notice to the utility and a hearing, the commission grants a permit authorizing the cutting, disconnection or removal. At the hearing, the commission may grant a permit on the terms and conditions and apportion the expense arising under the permit as it determines best.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
5.  Offense.
Whoever disconnects or removes wires or poles or moves any building on or over a public way without first obtaining the permit or violates any of the conditions of the permit is guilty of unauthorized removal of poles.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
6.  Penalty.
Unauthorized removal of poles is a Class D crime.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
7.  Damages.
If a way or bridge is damaged by the moving of a building, the municipal officers shall determine what proportion of the damage the owner of the building shall pay, and this amount may be recovered by the municipality in a civil action against the owner of the building.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §10 (AMD). PL 1999, c. 398, §A38 (AMD). PL 1999, c. 398, §§A104,105 (AFF).