Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 205 - RULES FOR ADMINISTERING THE MAINE TRAVELER INFORMATION SERVICES ACT › Section 229-205-3 - CATEGORICAL SIGNS LOCATED WITHIN THE PUBLIC RIGHT OF WAY

Current through 2024-29, July 17, 2024
1.
General Requirements
. The
				following signs may be erected and maintained within the public right of way
				without license or permit so long as they conform to the specifications set
				forth in Table 1:
Table 1 - Categorical Signs Located Within the Public
				  Right of Way
Categorical Signs
Allowed sizes and locations
Signs erected by a duly constituted governmental
							 body.
Municipal "Gateway" signs may not exceed a maximum of
							 50 square feet not including decorative frame.
Signs located on or in the rolling stock of common
							 carriers, except those which are determined by the Commissioner to be
							 circumventing the intent of this chapter. Circumvention shall include, but not
							 be limited to, signs which are continuously in the same location or signs that
							 extend beyond the height, width or length of the vehicle.
The size of the sign may not exceed the height,
							 length or width of the vehicle.
Signs on registered and inspected motor vehicles,
							 except those which are determined by the Commissioner to be circumventing the
							 intent of this chapter. Circumvention shall include, but not be limited to,
							 signs which are continuously in the same location or signs that extend beyond
							 the height, width or length of the vehicle.
The size of the sign may not exceed the height,
							 length or width of the vehicle.
Signs identifying stops or fare zone limits of motor
							 buses.
260 square inches
Hand-held or similar signs not affixed to the ground
							 or buildings.
Allowed within the public right of way and on islands
							 medians greater than 6 feet in width.
Temporary Signs may be erected in the right of way
							 for up to six (6) weeks between January 1st and June
							 30th and for six (6) weeks between July
							 1st and December 31st
							 each year.
A Temporary Sign may not be placed within 30 feet of
							 another temporary sign bearing the same or substantially the same message. A
							 Temporary Sign may not exceed 4 feet by 8 feet in size and must include or be
							 marked with the name and address of the individual, entity or organization that
							 placed the sign within the public right-of-way and the date the sign was placed
							 within the public right-of-way.
2.
Location
A.
Categorical
				Signs
Categorical signs shall be located so as to avoid visual
				  conflict with other signs, to not obstruct sight distance for motorists, to not
				  obstruct pedestrian facilities, to have the least impact on the scenic
				  environment, and to take advantage of the natural terrain. Categorical signs
				  are not allowed on any islands 6 feet or less or in the internal center islands
				  in a rotary or modern roundabout.
B.
Interstate and Controlled Access
				Highways
Categorical signs are not allowed within the limits of a
				  Controlled Access Highway.
C.
Lateral Clearance
Except as noted in Table 1, the near edge of Categorical
				  signs shall be located at least ten feet outside the highway shoulder except
				  that in areas where insufficient right-of-way exists to maintain this
				  clearance, or where physical obstructions make such a distance impossible, the
				  near edge shall be located the maximum practical lateral distance from the edge
				  of the traveled way. In urban areas signs shall be a minimum of at least one
				  foot from the curb face.
D.
Sign Placement
Categorical signs shall not be mounted on a post containing a
				  traffic control sign or device, a public utility pole or fixture, a rotary or
				  roundabout center traffic island, a tree in a public right-of-way, or within a
				  control-of-access area or any island/median less than 6 feet wide.
E.
Categorical Sign
				Assemblies
The Department reserves the right to require entities allowed
				  signage to share sign posts if there is insufficient room to install sign
				  assemblies.
F.
Vertical Distances
Sign assemblies (except Temporary Signs) shall be erected so
				  as to provide a minimum of five feet vertical clearance between the lower edge
				  of the bottom sign and the surface of the highway. Signboards located near
				  pedestrian facilities such as sidewalks and parking areas shall have a vertical
				  clearance of seven feet.
G.
Materials
(1) Sign panel material
				shall be high density overlaid plywood a minimum of one-half inch thick,
				standard aluminum blanks or other material sufficiently stable not to deform
				under normal conditions of weather and use. All materials furnished under this
				Section shall be durable and weather resistant.
(2) No sign and/or support shall constitute a
				Deadly Fixed Object.
H.
Installation and Maintenance
(1)
				Categorical signs are considered private signs and are not installed or
				maintained by the Department. Entities installing signs pursuant to this
				subsection are required to notify Dig Safe. Any sign not properly maintained
				for plumbness or quality shall be removed by the Department. The Department
				shall have the sole decision making authority as to when a sign does not meet
				the above criteria.
(2) All
				categorical signs installed in the Public Right of Way shall be installed in
				compliance with
				23 MRSA
				Section3360-A, Protection of Underground
				Facilities (a.k.a. "The Dig Safe® Law") which requires notification to
				various entities at least three working days prior to making any excavation.
				Additional information may be found at:
http://mutcd.fhwa.dot.gov
,
http://www.osha.gov/SLTC/trenchingexcavation/
,
				and
http://www.digsafe.com respectively
.