Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 210 - UTILITY ACCOMMODATION RULES › Section 229-210-5 - LOCATION PERMITS

Current through 2024-29, July 17, 2024
1.
Location
				Permits Required/Not Required
A Utility may not construct new Facilities within the limits
				  of a Highway without applying for and obtaining a Location Permit from the
				  applicable Licensing Authority except as specified herein. [
				  35-A MRS§2501,
				  23 CFR 645 Subpart B]. Private Entities may not apply for or obtain a Location
				  Permit.
A.
Location Permit
				Required
A Location Permit is required in each of the following
				  circumstances:
(1)
New
				Facilities
All new Facilities except as specifically exempted in Section
				  5(1)(B),
Location Permit Not Required
;
(2)
Certain Facilities Within Compact
				Areas
Although municipalities are the Licensing Authority for state
				  and state-aid highways within urban Compact Areas and along local roads, the
				  following situations require separate permitting through MaineDOT. MaineDOT
				  will coordinate with Compact Area municipalities in these situations
				  particularly with regard to municipal planning, historic districts and
				  character, including any locally adopted ordinances that establish aesthetic
				  requirements for Monopole, Utility Pole Structure or tower installation:
a) New or relocated Facilities within the
				limits of a Controlled Access state or state-aid Highway;
b) New or relocated Facilities within the
				Highway Right-Of-Way installed on, under or within 25' of a state-maintained
				Bridge. State-maintained bridges may exist on state or state aid Highways or on
				local roads and can be viewed on the MaineDOT Map Viewer, located on MaineDOT's
				website;
c) Any proposed Monopole
				Installation, Utility Pole Structure or tower proposed within the limits of a
				state or state-aid highway.
(3)
Facilities Around Bridges
In addition to the bridges within Compact Areas described
				  above, all new or relocated facilities installed on, under or within 25' of
				  state maintained Bridges outside of Compact Areas. State maintained bridges may
				  be found on the state or state-aid system, or on Town Rights-Of -Way. State
				  maintained bridges may be viewed on the MaineDOT Map Viewer;
(4)
Replacement Poles and Underground
				Facilities
Replacement of the following, regardless of whether those
				  Facilities were previously permitted or deemed legal structures in accordance
				  with
				   35-A MRS
				  §2309:
a) Replacement of any Utility Pole
				Structure(s);
b) Replacement of
				more than 5 Utility Poles located within 5 miles of each other along the same
				highway corridor within the same year, or
c) Replacement of more than 150 feet of
				underground Facilities.
For the purposes of this Section, Facilities that exceed
				  these limits are hereby considered new Facilities and not "replacements" or
				  "additions" under
				  35-A MRS
				  §2503(9).
(5)
System Components
Installation of cabinets, transformers or other similar
				  system components that are mounted on pads or multiple poles, not to include
				  standard pedestals or those that are supported on an existing, single pole.
				  Replacement of such Facilities requires permitting only if the existing
				  supporting pad or poles are to be replaced.
(6)
Facilities Damaged by
				Vehicles
Replacement of any aboveground Facility or Appurtenance
				  resulting from damage caused by a vehicle two or more times within the past 12
				  months.