Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 210 - UTILITY ACCOMMODATION RULES › Section 229-210-9 - GENERAL FACILITY LOCATION REQUIREMENTS

Current through 2024-29, July 17, 2024
This Section outlines the general requirements for all
				  Facilities and Appurtenances within the Highway limits. Additional standards
				  that are specific to the type of Facility or the type of Right-of-Way are
				  discussed in subsequent Sections.
1.
Design/Construction
The Authorized Entity is fully responsible for the design of
				  any of its Facilities and Appurtenances to be installed within the Highway
				  limits.
A.
National
				Standards
All Facilities and Appurtenances within the Highway limits
				  must also comply with any applicable National Standards. Where those standards
				  differ from what is stated herein, the higher degree of protection shall
				  prevail.
B.
Public
				Laws/Orders
Nothing herein is intended to interfere with or supersede the
				  applicability or enforcement of any laws, rules, or orders of the MPUC, or
				  ordinances that do not conflict with these rules. This specifically includes
				  the
Americans With Disabilities Act of 1990
[
				  PL
				  101-336 ]. Although MPUC has installation and
				  maintenance standards similar to the Utility Accommodation Rules, the Utility
				  Accommodation Rules govern installations within the limits of state and
				  state-aid Highways, and are the default rules within the limits of state and
				  state-aid Highways in Compact Areas where municipalities do not have their own
				  more stringent rules [
				  35-A MRS
				  §2503(21)
				  ].
C.
Design
				Life
All permanent Facility and Appurtenance installations on,
				  over, or under the Highway or attached to any Highway Structures shall be of
				  durable materials designed for long service life expectancy with due
				  consideration given to the overall needs of the Highway corridor. Facilities
				  and Appurtenances shall be designed to be relatively free from routine
				  servicing and maintenance.
D.
Uniform Alignment
Longitudinal installations shall be designed and installed on
				  as uniform an alignment as possible to minimize potential conflicts and to aid
				  in locating underground Facilities in the future.
E.
Minimize Interference
Wherever possible, Facilities and Appurtenances shall be
				  located to minimize the possibility of interference with other Facilities or
				  Highway work.
F.
Crossings
To the extent feasible and practicable, Facility crossings of
				  the Highway shall be generally perpendicular to the Highway alignment.
G.
Permits
The Authorized Entity is required to secure all permits
				  necessary for the installation, adjustment or maintenance of its
				  Facilities.
H.
Cooperation with Other Authorized Entities
Throughout the design and installation of any Facilities and
				  Appurtenances within the Highway limits, Authorized Entities must address the
				  needs of all other Authorized Entities with regard to their existing or
				  Proposed Installations located in the vicinity of another Proposed
				  Installation. This shall include maintaining sufficient offsets from other
				  Facilities and Appurtenances and assuring that all other Authorized Entities
				  have reasonable access to their own Facilities and Appurtenances during
				  construction. Where Authorized Entities are unable to resolve conflicts in
				  accordance with these rules, MaineDOT shall make the final
				  determination.
I.
Clearance Between Facilities
The following defines the minimum clearance standards for
				  Facilities within the Highway limits. Greater clearances are encouraged and may
				  be required whenever possible. Authorized Entities are encouraged to undertake
				  joint construction whenever possible, and MaineDOT will normally support
				  requests for a lesser standard in accordance with Section (14)(1),
Exceptions
, when all affected parties are in agreement.
(1)
Horizontal Clearance Between
				Longitudinal Facilities
Unless specifically permitted otherwise, a 3-foot minimum
				  horizontal clearance shall be maintained between all underground Facilities and
				  Appurtenances. Measurement between underground Facilities and Appurtenances
				  shall be taken horizontally from the closest edge of the Facility or
				  Appurtenance. Aboveground pole lines (excepting crossings and services) shall
				  also be included in this standard where those poles occupy a reasonably
				  consistent offset. Measurement to a pole line shall be to the nearest face of
				  pole or to the vertical plane established longitudinally through the center of
				  the pole line between poles.
(2)
Vertical Clearance Between
				Facilities
Where underground Facilities must cross other Facilities or
				  Appurtenances; the angle of such crossing shall be as close to 90 degrees as
				  possible, with a minimum vertical clearance of 1 foot. Facilities of one
				  Authorized Entity shall not be constructed longitudinally over or under another
				  Authorized Entity's underground Facilities.
J.
Erosion Control and Restoration of
				Vegetation
Authorized Entities shall stabilize the soil in all work
				  areas within the Highway limits to minimize erosion. Restoration of loam, grass
				  or other landscaping vegetation is required following the completion of
				  Backfill as soon as weather conditions and/or seasons of the year allow.
				  Temporary mulch shall be used until permanent treatments can be applied.
K.
Aerial Attachment
				Requirements
When a pole line exists within a highway corridor, Facilities
				  that can be accommodated aerially will normally be permitted as aerial
				  facilities that are attached to the existing poles, or new poles that replace
				  the existing poles.