Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 210 - UTILITY ACCOMMODATION RULES › Section 229-210-7 - FACILITY MAINTENANCE OBLIGATIONS

Current through 2024-29, July 17, 2024
This Section outlines the requirements for all Authorized
				  Entities having Facilities that are either permitted, licensed or deemed legal
				  structures within the limits of state or state-aid Highways or attached to
				  Bridge structures. These requirements are applicable to all new and existing
				  Facilities and Appurtenances.
1.
Maintenance of Facilities
Every Authorized Entity is responsible for keeping its
				  Facilities and Appurtenances sufficiently maintained so as not to degrade the
				  integrity of the Highway or reduce the overall level of safety. Any
				  deficiencies in a Facility or Appurtenance that create a potential hazard to
				  the Highway users or maintenance crews shall be promptly corrected upon notice
				  from MaineDOT at the sole expense of the Authorized Entity.
When MaineDOT requires the relocation of any Facility or
				  Appurtenance, the Authorized Entity responsible for the Facility or
				  Appurtenance shall perform the relocation work at its sole expense. Maine
				  Constitution Article IX, §19, as interpreted by the Maine Supreme Court,
				  prohibits the use of transportation funds to pay for relocation of any Utility
				  Facilities or Appurtenances. See for example,
Opinion of the
				  Justices
, 15 2 Me. 449 and
First
				  National Bank of Boston, et al, v. Maine Turnpike Authority, et
				  al.
, 153 Me. 131.
2.
Records, Locating Facilities and
				Utility Coordination
Every Authorized Entity is responsible for maintaining
				  records regarding the following:
A.
				The Highway and Municipality where each Facility is located,
B. Evidence of all applicable permits,
				easements, deeds, or other applicable rights for any Facilities and
				Appurtenances within the limits of the Highway,
C. The specific installed location of
				underground Facilities and Appurtenances within the limits of the
				Highway.
D. The name and contact
				information of any entities using shared Facilities Authorized Entities not
				having the records specified above shall be responsible for obtaining that
				information for MaineDOT to the extent requested by MaineDOT for MaineDOT
				activities.
Authorized Entities are responsible for marking the location
				  of underground facilities and Appurtenances at the request of MaineDOT prior to
				  survey or other preliminary engineering or maintenance activities to ensure the
				  location of these Facilities and Appurtenances is properly considered. This
				  activity may include the use of test pits to locate underground Facilities. All
				  location activities, including, but not limited to, marking locations or test
				  pits shall be performed at the sole expense of the Authorized Entity.
When given reasonable notice, all Authorized Entities having
				  Facilities within a proposed transportation project corridor shall participate
				  in Utility coordination meetings conducted in preparation for MaineDOT project
				  design. Details of the MaineDOT Utility Coordination Process may be found on
				  the MaineDOT Utilities Website.