Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 299 - HIGHWAY DRIVEWAY AND ENTRANCE RULES › Part A - DRIVEWAY RULES › Section 229-299-A-1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
1.1 Definitions
For the purposes of this rule, the following definitions
					 will apply. If not defined below, the definitions contained in companion rules,
					 Part B, Entrances Rules, as well as in 17-229 Maine Administrative Rules,
					 Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits, will
					 apply. If not defined in these rules, words, terms and phrases will have their
					 commonly accepted meaning.
Access. A public or private point of entry or exit
						from land adjacent to a public highway used by motor vehicles as defined in
						Title 29-A MRSA ,Chapter 1, Section 101. The specific point may be described as
						an entrance or a driveway depending upon the land use and volume of traffic
						generated by that use. An access may be a driveway or an entrance depending
						upon the type of land use and volume of traffic generated by that
						use.
										 Access Point. The intersection of an existing or
						proposed access with the public right of way.
										 Alteration. A significant physical change to an
						access existing on or after the effective date of these rules, including
						significant changes to location, width, cross-section, grade, or drainage
						characteristics of the access. Paving a gravel access will not be considered an
						"alteration" unless accompanied by other such changes.
										 Applicant. The person applying for the permit.
						Normally, this will be the owner of the property but can be another party
						provided that person (or organization) has been granted permission from the
						property owner to act on their behalf.
Arterial. A highway providing long-distance
						connections as approved by the Federal Highway Administration pursuant to 23
						Code of Federal Regulations, Section 470.105(b)(1999) and as so designated by
						MDOT.
Change in Use. A change in activity occurring on the
						property accessed by the driveway that will result in (a) an intermittent or
						seasonal use becoming permanent or year round, or (b) an increase in daily
						traffic, or (c) a "significant drainage risk" as described in section
						2.1(E)(3). Examples include changes in use (a) from farming or forestry to a
						single-family dwelling (b) from a single-family dwelling to a residential
						subdivision or multi-unit building(s) with six or more units, and (c) from
						residential use to commercial use; (d) an office expansion adding employee,
						patron or service capacity is a change in use when the daily traffic increases
						from under 50 trips per day to more than 50 trips per day. A change in
						ownership alone is not a change in use. An increase in activity from under 50
						trips per day to over 50 trips per day is always considered a change in use. A
						change from seasonal residential to year-round residential is not considered a
						change of use under this definition. A more complete list of examples is listed
						in Appendix H.
										 Corner Clearance. The minimum distance, measured
						parallel to a highway, between the nearest curb, pavement or shoulder line of
						an intersecting public way and the nearest edge of a driveway excluding its
						radii.
										 Driveway. A type of access that serves one of the
						following land uses: residential (up to five dwelling units); home-based
						occupations; forest management activities; farming; low impact industrial (e.g.
						substations), unless MaineDOT demonstrates, in accordance with the latest
						edition of the ITE Trip Generation Manual, published by the Institute of
						Traffic Engineers-that the use generates 50 or more vehicle trips per day.(see
						"ENTRANCE"). Driveways may consist of surface material such as mineral soil,
						gravel, asphalt or other natural or man-made material constructed or created by
						repeated passage of on-road vehicles. 
										 Effective date of rules. Minor Technical aspects of
						this rule became effective on April 5, 2002 and Major Substantive aspects
						became effective on May 25, 2002.
										 Entrance. A type of access that serves one of the
						following land uses: residential (serving six or more dwelling units); housing
						developments; retail, office, or service business including department store,
						strip mall, convenience store, gas station, auto repair shop, restaurant, or
						similar use unless the applicant demonstrates to the satisfaction of MaineDOT,
						in accordance with the latest edition of the ITE Trip Generation Manual,
						published by the Institute of Transportation Engineers that the use generates
						less than 50 vehicle trips per day. Rules for Entrances are contained in Part
						B.
Forest Management Activities. Activities
						consisting of timber cruising and other forest resource evaluation activities,
						pesticide or fertilizer application, timber-stand improvement, pruning, timber
						harvesting and other forest harvesting, regeneration of forest stands and other
						similar or associated activities.
Forest Management Road. A route or track
						consisting of a bed of exposed mineral soil, gravel or other surfacing material
						constructed for or created by the repeated passage of motorized vehicles and
						used primarily for forest management activities, including associated log yard
						and winter haul roads.
Larger vehicle. A vehicle that has a larger length,
						width or turning radius and/or lesser acceleration capability than standard
						passenger vehicles or small trucks. Larger vehicles include busses, commercial
						trucks, and recreational vehicles.
										 Lot(s) of Record. A lot or lots for which the deed
						was legally recorded on or before the effective date of this rule or which was
						created by a plan legally recorded in the County Registry of Deeds on or before
						the effective date of this rule.
										 MaineDOT, MDOT or the Department. The Maine
						Department of Transportation.
Mobility Arterial or Mobility Arterial
						Corridor. A Non-Compact Arterial that (1) has a posted speed limit of 40 mph or
						more and is part of an arterial corridor located between Urban Compact Areas or
						Service Centers that carries an average annual daily traffic of at least 5,000
						vehicles per day for at least 50% of its length or (2) is part of a Retrograde
						Arterial Corridor located between Mobility Arterials described in (1). Mobility
						Arterials are listed in Appendix C.
Mobility Sight Distance. The sight distance
						required to allow a vehicle entering the highway to reach 85 % of the posted
						speed without being overtaken by a vehicle traveling at the posted speed and
						approaching the entering vehicle from
						behind
.
Non-Compact Arterial. An Arterial that lies
						outside Urban Compact Areas of Urban Compact Communities.
Permit by Rule. A simplified procedure for
						forest management and farmingactivities by which the applicant may obtain a
						permit for maintenance or construction of a driveway necessary for the duration
						of the operation or activity
.
										 Posted Speed. The speed limit set and maintained by
						MaineDOT, or limited by statute as defined in Title 29A, MRSA, Chapter 19,
						Section 2024.
Retrograde Arterial or Retrograde Arterial
						Corridor. A Mobility Arterial where the access related crash-per-mile rate
						exceeds the 1999 statewide average for Arterials of the same-posted speed
						limit. Retrograde Arterials are listed in Appendix C.
Service Center. Communities that serve the
						surrounding region, drawing workers, shoppers and others into the community for
						jobs and services. A list of Urban Compact and Service Center Communities is
						attached as Appendix D.
										Sight Distance. The length of unobstructed sight line
						of motor vehicle drivers in normal daylight conditions. Sight distance is
						measured from the perspective of a hypothetical person seated in a vehicle from
						three vantage points: (1) sitting in the access viewing vehicles traveling on
						the highway (both left and right), (2) traveling on the highway viewing a
						vehicle sitting in an access and (3) traveling on the highway viewing a vehicle
						turning into the access(both ahead and behind). In case of discrepancy between
						these measurements, the lesser measurement will be used to determine whether
						the sight distance standard is met. Sight distance is measured to and from the
						point on the centerline of the proposed access that is located 10 feet from the
						edge of traveled way. The height of the hypothetical person's view is
						considered to be 3½ feet above the pavement and the height of the object
						being viewed is considered to be 4¼ feet above the pavement.
										State or State Aid Highways. Highways designated by
						MaineDOT as a State or State Aid Highway pursuant to 23 MR.S.A. §53. State
						and State Aid Highways are listed in Appendix C.
										Urban Compact Areas. Areas defined and established
						pursuant to 23 MR.S.A. §754 as of the effective date of this rule. A list
						of Urban Compact and Service Center Communities is attached as Appendix
						D.
										 Vehicle trip. Moving from an origination point to a
						destination point, one-way. It is not a round trip.
1.2 Purpose and Authority
The purpose of the driveway rules is to manage access to
					 the highway in a manner that protects the safety of access and highway users,
					 protects the highway system from the negative impacts of drainage
,
preserves mobility and economic productivity related to highway
					 transportation, and avoids the long term cost of constructing new highway
					 capacity. This rule is authorized by
					  23 M.R.S.A.
					 §52 and §
										704.
1.3 Applicability
A. General. This rule applies (1) to all
				  public or private accesses onto state and state aid highways located outside
				  urban compact areas, (2) the alteration of existing driveways onto said
				  highways, and (3) to changes in use on the property serviced by such existing
				  driveways.
B. Relationship to
				  Municipal or Land Use Regulation Commission (LURC) Requirements. Nothing in
				  this rule supplants any municipal ordinance or LURC regulation. Where the
				  requirements of this rule differ from a requirement of a municipal ordinance or
				  LURC regulation, the most stringent or restrictive requirement as relates to
				  the purpose of these rules will apply.