Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter II - Maine Turnpike Authority › Section 229-103-II-3 - SUBSTANTIAL PUBLIC INTEREST PROJECTS

Current through 2024-29, July 17, 2024
A.
General
If MTA determines that a transportation project is not a
					 significant transportation project but involves issues of substantial public
					 interest, MTA will engage a public participation effort tailored to that
					 project.
MTA may request a report from a municipality, RC, or other
					 entity representing the municipality documenting the proposed project's
					 consistency with the local Long-Range Land Use Plan. Absent a Long-Range Land
					 Use Plan, MTA will consider municipal resources of value that have been
					 formally documented by the municipality's legislative body, such as historic
					 districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic
					 vistas through the project scoping process. MTA may seek advice from SPO, the
					 affected RC and municipalities on how to avoid or mitigate those impacts which
					 are found to be inconsistent with the Long-Range Land Use Plan and/ or formally
					 adopted statement. MTA will respond to such advice as the project is planned
					 and developed. MTA may require as a condition of building the project that the
					 host municipality or municipalities enact land use management mechanisms to
					 avoid or minimize activities that could reduce the benefit of the
					 transportation project.
B.
New and Modified Interchanges
Since the establishment or modification of an interchange
					 usually is of substantial interest to the public and may have potential impacts
					 on land use, all interchange improvement projects with a purpose and need to
					 add capacity shall be deemed to be substantial public interest projects.
MTA, together or in consultation with the applicable MPO,
					 RC and affected municipality, will:
(1) Prepare or clarify a preliminary
				  statement of the purpose and need for the proposed interchange,
(2) Perform a comprehensive traffic analysis
				  for the proposed new or modified interchange to assess its impact on traffic on
				  the adjacent highways connected by the interchange,
(3) Identify and assess land use impacts of
				  the proposed improvements to determine whether the proposed interchange
				  modifications and existing land use controls are consistent with the local
				  Long-Range Land Use Plan adopted pursuant to the Comprehensive Planning and
				  Land Use Regulation Act, or if there is no local plan, whether it is consistent
				  with the goals of the Act,
(4) MTA
				  will engage a public participation effort tailored to that project. This effort
				  will allow for early notice to the affected public and municipality and will
				  allow the public the opportunity to comment on the project as it is being
				  planned and developed. MTA will respond to comments it receives through the
				  public participation effort as the project is planned and developed. This
				  public participation effort will be managed by either MTA or its designated
				  municipal or regional representative. MTA may also include an evaluation of
				  reasonable transportation strategies, transportation demand management options
				  and transportation system management options to determine whether an
				  alternative to the planned improvement may be more appropriate.
In the event that the proposed interchange is found to be
					 inconsistent with the applicable Long-Range Land Use Plan or the goals of the
					 Sensible Transportation Act, MTA shall seek the advice of the municipality or
					 regional entity as to how to avoid, minimize or mitigate the inconsistency or
					 adverse impact. MTA may require as a condition of building the interchange or
					 interchange improvement that the host municipality or municipalities enact land
					 use management mechanisms to avoid or minimize activities that could reduce the
					 transportation benefit of the interchange project.