reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2103. Transmission and distribution utility and cooperative authorized to serve same area

§2103. Transmission and distribution utility and cooperative authorized to serve same area
After September 1, 1967, where a cooperative organized under chapter 37 and any other transmission and distribution utility are serving or authorized to serve the same municipality, neither the cooperative nor the other utility may bring electrical service to a new location except as provided in this section.   [PL 1999, c. 398, Pt. A, §31 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
1.  Notice.
The cooperative or utility must notify the other cooperative or utility and the commission, in writing, of the request by the party for electrical service, where bringing the service requires the extension of existing distribution facilities.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Filing objections.
If, after notice, the other cooperative or utility opposes the bringing of electrical service to the new service location, within 7 days of receipt of the notice of proposed service, it shall:
A. File objections to the bringing of the electrical service with the commission; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Send a copy of its objections to the utility or cooperative and to the party requesting electrical service.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Decision.
If objections are filed, the commission shall immediately set a hearing date, and shall determine whether the cooperative or the other utility shall serve. If, after notice, either the cooperative or the utility fails to file its objections pursuant to subsection 2, it will be conclusively presumed that the cooperative or the utility, as the case may be, has consented to the furnishing of the service.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Temporary service pending a decision.
Pending the final determination of the right to serve, the commission may order temporary service brought to the prospective new service location without prejudice to the rights of any party.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A31 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2104. Commission approval for gas companies to furnish service

§2104. Commission approval for gas companies to furnish service
1.  Approval of commission required; generally.
Except as provided in subsection 2, a gas utility may not furnish its service in or to any municipality within the State without the approval of the commission.
[PL 2001, c. 124, §1 (NEW).]
2.  Approval not required; no other utility serving.
Notwithstanding section 2102 or 2105, a gas utility authorized to furnish service and serving customers within the State is not required to obtain the approval of the commission to serve in any municipality in which no other gas utility is furnishing similar service unless the commission, in an order issued pursuant to subsection 3, specifically provides otherwise.
[PL 2001, c. 124, §1 (NEW).]
3.  Limited grant of authority.
The commission, in an order granting authorization to a person to operate, manage or control a gas utility in any municipality in this State, may expressly limit the area in which the gas utility may provide service without further approval of the commission only if:
A. The commission finds that the financial and technical capacity of the gas utility is limited in a manner that public convenience and necessity require such limited authorization; or   [PL 2001, c. 124, §1 (NEW).]
B. The person seeking authorization requests that the authorization be limited to a particular area.   [PL 2001, c. 124, §1 (NEW).]
[PL 2001, c. 124, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 707, §3 (AMD). PL 2001, c. 124, §1 (RPR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2105. Approval only after hearing

§2105. Approval only after hearing
1.  Approval only after hearing.
Except as provided in subsection 2, no approval required by section 2102, 2103 or 2104 and no license, permit or franchise may be granted to any person to operate, manage or control a public utility named in section 2101 in a municipality where there is in operation a public utility engaged in similar service or authorized to provide similar service, until the commission has made a declaration, after public hearing of all parties interested, that public convenience and necessity require a 2nd public utility.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Declaration without hearing.
The commission may make a declaration without public hearing, if it appears that the utility serving or authorized to serve, the utility seeking approval from the commission to provide service and any customer or customers to receive service agree that the utility seeking approval to serve should provide service.
[RR 2009, c. 2, §102 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2009, c. 2, §102 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2106. Transfer of approval for a radio common carrier

§2106. Transfer of approval for a radio common carrier
Consent granted by the commission under section 2102, or under section 2105, held by a radio common carrier may be assigned and transferred with the approval of the commission by holder of the approval. The commission may impose reasonable conditions upon granting its approval.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2107. Approval only to Maine corporations

§2107. Approval only to Maine corporations
No approval required in section 2102, 2103 or 2104 to operate, manage or control a public utility may be granted after October 1, 1975, to a corporation unless it is duly organized under the laws of this State or authorized by those laws to do business in this State.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2108. Corporations may hold real estate

§2108. Corporations may hold real estate
Corporations organized under section 2101 and former section 2109 may purchase, hold and convey real estate and personal property that are necessary for the purposes for which they are created.   [PL 1999, c. 398, Pt. A, §32 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A32 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2109. Organization of electric corporations in areas not adequately served (REPEALED)

§2109. Organization of electric corporations in areas not adequately served
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A33 (RP). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2110. Extension of service

§2110. Extension of service
A public utility organized by Private and Special Act of the Legislature may extend its service as follows.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Commission authorization.
The commission may authorize a public utility organized by private and special act of Legislature to furnish or extend its service in, to or through a city or town notwithstanding any territorial limitations, express or implied, in the private and special act of the Legislature by which it was organized or under which it is enfranchised. Within 20 days after the commission's final authorization, the public utility shall file a certificate that shows the authorization with and pay $20 to the Secretary of State. When the certificate is filed, the public utility's power to extend its service becomes effective.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  The commission's powers and limitations.
The commission's powers and limitations, made applicable under this section, are those applicable by law in like cases concerning public utilities organized under Title 13‑C or any prior general corporation law.
[PL 2003, c. 344, Pt. D, §23 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2003, c. 344, §D23 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 21: ORGANIZATION, POWERS, SERVICE TERRITORY › 35-A §2111. Expansion into broadband by consumer-owned utilities; registration requirements

§2111. Expansion into broadband by consumer-owned utilities; registration requirements
A consumer-owned public utility shall register with the commission prior to exercising any authority the consumer-owned public utility may have, pursuant to other law, to directly or indirectly own, lease, construct, maintain or operate broadband or other Internet access systems or to provide broadband or other Internet access services to the public. A consumer-owned public utility registering under this section shall provide to the commission the name, mailing address and phone number of a contact person who is knowledgeable regarding the consumer-owned public utility’s broadband and Internet access systems activities in the State. The commission shall inform the consumer-owned public utility of the requirements of section 713.   [PL 2021, c. 616, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 616, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2301. Construction, maintenance and operation of lines

§2301. Construction, maintenance and operation of lines
Except as limited, every voice service provider, competitive local exchange carrier, telecommunications service provider as defined in section 711, subsection 7, paragraph C, unlit fiber provider as defined in section 711, subsection 7, paragraph E, information service provider as defined in section 711, subsection 7, paragraph A, dark fiber provider and corporation organized for the purpose of transmitting television signals by wire may construct, maintain and operate its lines upon and along the route or routes and between the points stated in its certificate of incorporation; and may construct its lines and necessary erections and fixtures for them along, over, under and across any of the roads and streets and across or under any of the waters upon and along the route or routes subject to the conditions and under the restrictions provided in this chapter and chapter 25.   [PL 2017, c. 199, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §8 (AMD). PL 2009, c. 612, §7 (AMD). PL 2011, c. 623, Pt. B, §6 (AMD). PL 2017, c. 199, §2 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2301-A. University of Maine System may install lines on existing facilities

§2301-A. University of Maine System may install lines on existing facilities
The University of Maine System may install wires or lines on existing utility facilities located within or along a public right-of-way for the purpose of transmitting data and communications between and among University of Maine System facilities and partnering entities, wherever located, subject to the conditions and restrictions provided in this chapter and chapter 25. For purposes of this section, "lines" does not include utility poles and "partnering entities" means organizations, wherever located, authorized to use the university's regional optical network for education and research institutions or other university data and communications systems.   [PL 2007, c. 268, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 268, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2302. Pipelines for common carrier transportation

§2302. Pipelines for common carrier transportation
Every corporation organized under the general laws of the State and any public utility owning, controlling, operating or managing any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases may lay its pipelines and construct and maintain them in, along and under the roads and streets in any municipality, subject to the conditions and under the restrictions provided in this chapter and chapter 25.   [PL 1997, c. 707, §4 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 707, §4 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2303. Water utilities may lay pipelines

§2303. Water utilities may lay pipelines
Every water utility organized under the general or special laws of this State and authorized to do public utility business in this State may lay its pipe in and under the roads and streets in any municipality in which it is authorized to supply water or through which it is necessary or convenient to lay the pipe to supply water from its source of supply to enable it to provide its service, subject to the conditions and under the restrictions provided in this chapter and chapter 25.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
The installation and maintenance of a water utility plant by a utility in accordance with the location permit constitutes compliance by the utility with the requirements of section 2514.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
A water utility shall comply with sections 2503, 2505, 2506 and 2512.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2304. Gas utilities may lay pipelines

§2304. Gas utilities may lay pipelines
Every gas utility organized under section 2101 for the purposes named in that section may lay its pipes in, along and under the roads and streets in any municipality in which it is authorized to supply gas, subject to the conditions and restrictions provided in this chapter and chapter 25.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
This section does not apply to state and state-aid highways maintained by the State.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2305. Transmission and distribution utilities may construct lines (REPEALED)

§2305. Transmission and distribution utilities may construct lines
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 834, §§1,2 (AMD). PL 1993, c. 18, §§1,2 (AMD). PL 1993, c. 91, §1 (AMD). PL 1995, c. 349, §§1,2 (AMD). PL 1999, c. 398, §A34 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2001, c. 110, §1 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2306. No taking property without consent

§2306. No taking property without consent
A public utility organized under section 2101 and former section 2109 may not take, appropriate or use the location, pipes, lines, land or other property of any other person doing or authorized to do a similar business, without consent of the other person, except by Private and Special Act of the Legislature.   [PL 1999, c. 398, Pt. A, §36 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1997, c. 707, §4 (AMD). PL 1999, c. 398, §A36 (AMD). PL 1999, c. 398, §§A104,105 (AFF).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2306-A. Permit required for person laying pipes and wires (REPEALED)

§2306-A. Permit required for person laying pipes and wires
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1989, c. 502, §A125 (RP).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2307. Public utilities and telephone providers may lay wires, pipes and cables under streets subject to municipal permit

§2307. Public utilities and telephone providers may lay wires, pipes and cables under streets subject to municipal permit
Public utilities and entities authorized under section 2301 to construct lines may, in any municipality, place their pipes and appurtenances, wires and cables and all conduits and other structures for conducting and maintaining the pipes, wires and cables under the surface of those streets and highways in which the utilities or entities are authorized to obtain locations for their pipes and appurtenances, poles and wires, subject to the written permit of the licensing authority, as defined in section 2502 and subject to such rules as to location and construction as the municipal officers or the Department of Transportation may designate in their permit. A permit must be obtained under sections 2501 to 2508. Permits to open streets and highways for the purpose of relaying or repairing the pipes and appurtenances, wires, cables, conduits and other structures may be granted without notice.   [PL 2011, c. 623, Pt. B, §8 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2011, c. 623, Pt. B, §8 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2308. Protection of utility facilities upon discontinuance of public ways

§2308. Protection of utility facilities upon discontinuance of public ways
In proceedings for the discontinuance of public ways, public ways may be discontinued in whole or in part. The discontinuance of a town way must be pursuant to Title 23, section 3026‑A. Unless an order discontinuing a public way specifically provides otherwise, the public easement provided for in Title 23, section 3026‑A includes an easement for public utility facilities and for the permitted facilities of entities authorized under section 2301 to construct lines. A utility or entity may continue to maintain, repair and replace its installations within the limits of the way or may construct and maintain new facilities within the limits of the discontinued way, if it is used for travel by motor vehicles, in order to provide utility or telecommunications service, upon compliance with the provisions of sections 2503, 2505, 2506, 2507 and 2508.   [PL 2015, c. 464, §9 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2011, c. 623, Pt. B, §9 (AMD). PL 2015, c. 464, §9 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2309. Existing locations valid

§2309. Existing locations valid
The location of all pipes, hydrants, wires and cables and all conduits and other structures for the conducting and maintaining of those pipes, hydrants, wires and cables over, under the surface of and in those streets and highways in which those utilities authorized to obtain locations for their pipes, wires, hydrants and cables which have been located over, under the surface of and in the streets and highways prior to January 1, 1984, and which will be so located in accordance with this Title are declared legal and the same shall be legal structures in those streets and highways until their location has changed in any manner required or authorized by law.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2310. Trespass on a utility pole

§2310. Trespass on a utility pole
1.  Trespass.
A person commits trespass on a utility pole if, without the prior consent of the owner of the pole, that person places any object or makes any attachment on any utility pole, whether or not it is within the limits of a public way.
[PL 2011, c. 623, Pt. B, §10 (AMD).]
2.  Violation; forfeiture.
Trespass on a utility pole is a civil violation for which a forfeiture of not less than $25 nor more than $100 shall be adjudged.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 2011, c. 623, Pt. B, §10 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2311. Lines along railroads; application to Public Utilities Commission when disagreement

§2311. Lines along railroads; application to Public Utilities Commission when disagreement
A person maintaining or operating a telephone or electric line may construct a line across, upon or along any railroad with the written permit of the person owning or operating the railroad. If the person maintaining or operating a telephone or electric line and the person owning or operating the railroad can not agree as to the construction or manner of construction of lines upon, along or across the railroad or as to the continued operation of lines constructed upon, along or across the railroad, either party may apply to the commission, who, after notice to those interested, shall hear and determine the matter. The commission's decision is binding upon the parties. The commission may grant the person seeking to construct or operate a line a permit with appropriate terms and conditions to construct or operate the line along, upon or across the railroad or, in the case of a line across the railroad, authorize, subject to appropriate terms and conditions, the person to take by eminent domain an easement across the railroad. The taking of an easement authorized by the commission pursuant to this section must be in accordance with the procedures established in chapter 65. This section does not permit the commission to authorize the taking of an easement over lands owned by the State. The person seeking to construct lines on the railroad shall pay the expenses of the hearing, except that if the commission finds that parties owning or operating the railroad have unreasonably refused their consent, those parties shall pay the expenses. Without limiting the commission's jurisdiction under this section, if a railroad company and a telephone or transmission and distribution utility enter into an agreement involving a utility crossing of railroad property and that agreement or some other agreement provides that the commission shall resolve disputes arising under the original agreement, the commission may resolve those disputes. As used in this section, the term "railroad" includes, but is not limited to, a railroad whose abandonment has been approved pursuant to 49 United States Code, Chapter 109.   [PL 2001, c. 608, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1991, c. 743, §1 (AMD). PL 2001, c. 608, §1 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 23: UTILITY FACILITIES IN THE PUBLIC WAY › 35-A §2312. Facilities in municipally designated historic districts

§2312. Facilities in municipally designated historic districts
1.  Location of facilities in municipally designated historic district.
A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3, along a state highway or state aid highway located in a district designated a historic district by a municipality by ordinance shall provide, upon written demand by the governing body of that municipality, services to buildings or structures located along the state highway or state aid highway either by connecting its facilities to the rear of those buildings or structures, if rear access is reasonably available from other poles, however owned and controlled, legally located in public streets or ways, or by placing those facilities under the surface of the state highway or state aid highway. Any relocation or placement cost is the responsibility of the municipality whose governing body issued the written demand, unless the public utility or other facility owner has specifically agreed in writing to bear a portion of the cost.
[PL 1999, c. 596, §1 (NEW).]
2.  Cost estimate.
A public utility or other facility owner that owns facilities, as defined in section 2502, subsection 3, shall inform, within 60 days of receiving a written demand from a municipality pursuant to subsection 1, the municipality's governing body of its preliminary estimate of costs of relocating facilities. The written demand must include the exact location within the public way of the proposed new placement or relocation, taking into consideration existing underground utilities. The municipality may rescind its demand for a relocation after reviewing the cost estimate.
[PL 1999, c. 596, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 596, §1 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2501. Applicability

§2501. Applicability
1.  Applicability of chapter 25.
All persons engaged in the business of the transmission of communications or electricity are subject to the duties, restrictions and liabilities prescribed in this chapter.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Applicability of section 2503.
Except as otherwise provided, a person may not construct facilities upon and along highways and public roads without applying for and obtaining a written location permit from the applicable licensing authority under section 2503. Included within this requirement is every person operating telephones or transmitting television signals by wire; every person that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; every water utility and every person making, generating, selling, distributing and supplying gas or electricity; every water utility or sewer company, district or system privately or municipally owned; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35; the University of Maine System, for purposes described in section 2301‑A; every dark fiber provider; every unlit fiber provider as defined in section 711, subsection 7, paragraph E; every telecommunications service provider as defined in section 711, subsection 7, paragraph C; every information service provider as defined in section 711, subsection 7, paragraph A; and any other person engaged in telecommunications or the transmission of heat or electricity.
[PL 2017, c. 199, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §9 (AMD). PL 2007, c. 268, §2 (AMD). PL 2009, c. 612, §8 (AMD). PL 2017, c. 199, §3 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2502. Definitions

§2502. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Applicable licensing authority or licensing authority.
"Applicable licensing authority" or "licensing authority" means:
A. The Department of Transportation, when the public way is a state or state-aid highway, except for state or state-aid highways in the compact areas of urban compact municipalities as defined in Title 23, section 754;   [PL 1999, c. 753, §9 (AMD).]
B. The municipal officers or their designees, when the public way is a city street or town way or a state or state-aid highway in the compact areas of urban compact municipalities and as defined in Title 23, section 754; and   [PL 1999, c. 473, Pt. D, §8 (AMD).]
C. The county commissioners, for all other public ways.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1999, c. 753, §9 (AMD).]
2.  Compact area.
[PL 1999, c. 473, Pt. D, §9 (RP).]
3.  Facilities.
"Facilities" means:
A. If under the surface of the public way, pipes, cables and conduits; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. If on or over the surface of the public way, poles, guys, hydrants, cables, wires and any plant or equipment located on or over the surface of the public way.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Federal-aid highway system.
[PL 1999, c. 753, §10 (RP).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1993, c. 163, §§1,2 (AMD). PL 1999, c. 473, §§D8,9 (AMD). PL 1999, c. 753, §§9,10 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2504. Use of facilities alone creates no legal right for continuance

§2504. Use of facilities alone creates no legal right for continuance
No enjoyment by any person for any length of time of the privilege of having or maintaining its facilities in the public way, may give a legal right to the continued use of the enjoyment or raise any presumption of a grant of a legal right.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2505. Damages; recovery of award and costs

§2505. Damages; recovery of award and costs
An owner of land near or adjoining a highway or road along which lines are constructed, erected or altered in location or construction by any person may recover damages as follows.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Assessment of damages.
If the owner's property is in any way injuriously affected or lessened in value, whether by occupation of the ground or air or otherwise by the construction, alteration or location of a line, whether the owner is the owner of the fee in the way or not, the owner may within 6 months after the construction, alteration or location apply to the municipal officers to assess and appraise the damage.
[RR 2021, c. 1, Pt. B, §401 (COR).]
2.  Duties of municipal officers.
Before entering upon the service, the municipal officers shall each be sworn to perform faithfully and impartially the following duties.
A. They shall on view make a just appraisement in writing of the loss or damage, including the elements of damage as provided for land taken for highway purposes under Title 23, section 154, subsections 2, 3 and 4, if any, to the applicant.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. They shall sign duplicates of the written appraisement.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
C. They shall on demand deliver one copy to the applicant and the other to the person constructing the line or that person's agent.   [RR 2021, c. 1, Pt. B, §402 (COR).]
[RR 2021, c. 1, Pt. B, §402 (COR).]
3.  Award and costs.
If damages are assessed and awarded to the land owner the person constructing the line shall pay them, with the costs of the appraisers. If the appraisers find that the applicant has suffered no damage, the landowner shall pay the costs of the appraisers.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Failure to pay award and costs.
If the award and costs are not paid within 30 days after a written demand for them is served upon the person or any of the person's agents, the owner of land may bring a civil action to recover the award and costs in the Superior Court for the county in which the land is located. Full costs must be allowed.
[RR 2021, c. 1, Pt. B, §403 (COR).]
5.  Municipal officers fees.
Before entering upon the discharge of their duties under this section, the municipal officers may require the applicant to advance them their fees for one day and from day to day after they have entered upon the discharge of their duties.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §§401-403 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2506. Appeals; costs

§2506. Appeals; costs
Either party aggrieved by the assessment of damages may, within 20 days after the award, appeal to the Superior Court as follows.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Complaint and notice.
When the appeal is taken the appellant shall:
A. Include in the complaint a statement setting forth substantially the facts of the case; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Give written notice of the appeal with a copy of the complaint to the opposite party.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Decision.
After entry, the matter shall be determined by a jury, or by the court by agreement of parties, in the same manner as other civil actions.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Costs.
If the person constructing the line appeals and the award is not decreased, the person constructing the line shall pay the costs. If the applicant appeals and the award is not increased, the applicant shall pay the costs.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2507. Permit required for person laying pipes and wires

§2507. Permit required for person laying pipes and wires
No person may lay its pipes or place its wires under the surface of any road or street, or dig up or open the ground in a road or street, until it has obtained a written permit in accordance with section 2503 from the applicable licensing authority. The permit must be signed by the municipal officers or the Department of Transportation and shall specify the roads and streets and the location in the roads or streets where the pipes or wires will be laid. The permit may not affect the right of any party to recover damages for any injury to persons or property by the doings of any person.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2508. Permits to specify time and place of opening

§2508. Permits to specify time and place of opening
Every permit for digging up and opening streets, roads and highways granted under this chapter must specify:   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Time.
The time during which the streets, roads or highways may remain open;
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Place.
The place where the opening may be made; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Surface.
The number of square yards of surface which may be disturbed.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2509. Penalties

§2509. Penalties
Any person who digs or makes an excavation in the paved portion of a street, road or highway without first obtaining a permit as required by section 2507, or who has obtained a permit and disturbs a greater area of surface than the permit specifies, commits a civil violation for which a forfeiture not to exceed $25 may be adjudged for each offense.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2510. Fees for excavation permits

§2510. Fees for excavation permits
The following provisions apply to fees for excavation permits.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
1.  Fees set by municipal officers.
The municipal officers having the duty to maintain streets may establish a schedule of fees for granting permits for making an excavation within the paved portion of a street or highway. The schedule of fees may not exceed the reasonable cost of replacing the excavated pavement.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Payment of fee.
The applicant shall pay to the treasurer of the municipality granting the permit the fees established by the municipal officers. The fees shall be regularly accounted for and shall constitute a special fund for the replacement of excavated pavement.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2511. Filling and protecting openings

§2511. Filling and protecting openings
1.  Filling openings.
A person opening a street, road or highway pursuant to a permit granted under sections 2501 to 2509 shall completely fill up the opening. The filling shall be puddled or rammed as the nature of the soil requires and shall be completed within the time designated in the permit.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Fines.
A person failing to comply with this section commits a civil violation for which a forfeiture not to exceed $50 may be adjudged for each offense.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Protecting pavement.
A person shall protect the paving on either side of the opening with sheet piling or other means to prevent the escape of sand from underneath it.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
4.  Failure to protect pavement.
In determining the number of square yards of paving disturbed, the municipal officers or their appointees shall include the area of paving adjoining the trench actually opened which in their opinion is required to be taken up and relaid because the pavement was not properly protected.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2512. Improper work redone; penalty

§2512. Improper work redone; penalty
If a person improperly repairs or fills an opening, the municipal officers or their appointees may have the work redone properly and shall keep an account of the cost of redoing this work.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
A person in default shall pay a penalty equal to the cost of redoing the work plus 50%. After the work is completed and the cost of the work is determined, the municipality may not issue a new permit to a person in default until it has received, in addition to the fees provided in section 2510, the amount of the penalty provided in this section.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2513. Relaying of pavement

§2513. Relaying of pavement
When an excavation is made in a paved street, road or highway and the opening is filled as required by sections 2511 and 2512, the municipality or village corporation in which the opening was located shall relay the pavement unless the municipality or village corporation has entered into an agreement pursuant to Title 23, section 3357 requiring the permittee to relay the pavement. If the municipality or village corporation relays the pavement, the cost of relaying the pavement, including materials, labor and inspection, must be paid out of any funds in the special fund for this purpose.   [PL 1999, c. 337, §12 (AMD).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 337, §12 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2514. Travel and trees not to be interfered with

§2514. Travel and trees not to be interfered with
1.  Public travel.
Every person in constructing and maintaining its poles, lines, fixtures and appliances in, along, over, under and across the roads and streets in which it may obtain locations and across or under the waters upon and along its route or routes may not obstruct the use of the roads and streets for public travel or interrupt the navigation of the waters.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Trees.
No person, in connection with any of the activities specified in subsection 1 may injure, cut down or destroy any fruit tree or any tree or shrub standing and growing for the purposes of shade or ornament.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
3.  Bridges.
This chapter may not be construed to authorize the construction of a bridge across any of the waters of the State.
[RR 1991, c. 2, §129 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 1991, c. 2, §129 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2515. Liability; damages

§2515. Liability; damages
Every corporation organized under section 2101 and former section 2109 and every entity authorized under section 2301 to construct lines is liable in all cases to repay a municipality all sums of money that the municipality is obliged to pay on a judgment recovered against it for damages caused by an obstruction, digging up or displacement of a way or street by the corporation or entity, together with attorney's fees and expenses necessarily incurred in defending the municipality in the actions. The corporation or entity must:   [PL 2011, c. 623, Pt. B, §11 (AMD).]
1.  Notice.
Be notified of the commencement of any civil actions for damage; and
[PL 1987, c. 141, Pt. A, §6 (NEW).]
2.  Right to defend.
Have the right to defend the action at its own expense.
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A37 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2011, c. 623, Pt. B, §11 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2517. Revocation of location; hearings

§2517. Revocation of location; hearings
1.  Revocation of pole location by municipal officers.
When the municipal officers of a municipality having a population of more than 40,000 inhabitants determine, after notice and hearing, that public safety and the public welfare require the revocation of a location for poles for conveying electricity or for the transmission of telephone messages already erected in a public street or way other than a state or a state-aid highway outside the compact area of an urban compact municipality as defined in Title 23, section 754, they may revoke the location and order the poles removed. The person that owns the poles shall remove them within a reasonable time. Other suitable locations or the right to use other poles jointly must be granted by the municipal officers to the person.
[PL 1999, c. 753, §13 (AMD).]
2.  Notice and hearings.
Before revoking a location or ordering the removal of any poles or wires, the municipal officers shall give public notice of the hearing as follows.
A. All persons interested shall be notified by publication in a newspaper circulated in the area, the last publication to be 14 days before the hearing.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. Personal notice shall be given to the owners of the poles and wires at least 14 days before the hearing.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
[PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §11 (AMD). PL 1999, c. 753, §13 (AMD).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2519. Power and authority conferred are additional

§2519. Power and authority conferred are additional
The power and authority conferred on municipal officers under sections 2517 and 2518 are in addition to those vested in municipal officers under sections 2501 to 2507 and 2512. Nothing in sections 2517 and 2518 may be construed as giving to any party the right of appeal from the decisions, specifications, orders or permits, or alterations of the decisions, specifications, orders or permits of the municipal officers under this chapter and chapter 23 except as provided in section 2506.   [PL 1987, c. 141, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2520. Affixing wires and structures; consent of building owner required

§2520. Affixing wires and structures; consent of building owner required
Every person maintaining or operating a telephone or electrical line or anyone who in any manner affixes, causes to be affixed or enters upon the property of another for the purpose of affixing a structure, fixture, wire or other apparatus to the building of another without the consent of the owner of the property or the owner's lawful agent commits a civil violation for which a fine not to exceed $100 may be adjudged for each offense.   [RR 2021, c. 1, Pt. B, §406 (COR).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). RR 2021, c. 1, Pt. B, §406 (COR).
2023 Maine Revised Statutes › TITLE 35-A: PUBLIC UTILITIES › Part 2: PUBLIC UTILITIES › Chapter 25: REGULATION OF FACILITIES IN THE PUBLIC WAY › 35-A §2521. Fees of municipal officers (REPEALED)

§2521. Fees of municipal officers
(REPEALED)
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1987, c. 490, §C8 (RP).