reglab/statecodes huggingface dataset:
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter I - Maine Department of Transportation › Section 229-103-I-10 - PROJECT DEVELOPMENT

Current through 2024-29, July 17, 2024
A.
Introduction
MaineDOT, as outlined in Subchapter I, Section 6, will
					 develop a Biennial Capital Work Plan that describes which projects will be
					 initiated, the funding prerequisites and the proposed schedule. Projects
					 appearing in the Biennial Capital Work Plan or its updates will be implemented
					 as prescribed.
During preliminary design of funded projects, at MaineDOT's
					 discretion or if requested by municipal officials, MaineDOT will engage a
					 public participation process to explain:
(1) The scope and schedule of the project and
				  how the selected strategy was decided upon, as well as the design features that
				  will be utilized;
(2) The impact of
				  the construction on the community;
(3) Any mitigation and community enhancements
				  to be applied; and
(4) The process
				  for property acquisitions to be incorporated into the project
				  development.
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-1 - PLANNING

Current through 2024-29, July 17, 2024
MaineDOT is the state agency charged with overall
					 responsibility for balanced transportation planning and policy as reflected in
					 the provisions of Subchapter II governing the development of the Statewide
					 Long-Range Transportation Plan. MTA has responsibility for the development,
					 management and operation of the Turnpike and related transportation systems in
					 accordance with its enabling act,
					 
					 23 MRSA §§1961,
et
					 seq
. In connection with the development and adoption of the Statewide
					 Long-Range Transportation Plan by MaineDOT, MTA shall develop and submit an MTA
					 Planning Report that will be consistent with the policy objectives of the
					 Sensible Transportation Act and will include:
(1) An inventory (meeting the applicable
				  requirements of Section 5-B of Subchapter I) of transportation systems under
				  MTA jurisdiction;
(2)
				  Identification of the nature and extent of (i) current and future deficiencies
				  and needs of transportation systems under MTA jurisdiction, and (ii) any other
				  current and future transportation system deficiencies and needs related to or
				  connected with the transportation systems under MTA jurisdiction, all based on
				  an analysis which considers, at a minimum, the information developed by MTA
				  under this section, information available from the activities of MaineDOT and
				  the regional planning and development organizations under Subchapter I and
				  identified state/regional/local transportation goals and policy objectives;
				  and
(3) MTA's recommendations for
				  transportation improvement strategies, project priorities and multimodal
				  projects and programs within its jurisdiction that should be considered by
				  MaineDOT in preparing and approving the Statewide Long-Range Transportation
				  Plan in order to address priority safety needs, system preservation needs,
				  system rehabilitation needs and system efficiency needs and projects or
				  programs to meet, manage and reduce current and forecasted travel demand.
The MTA Planning Report shall be considered by MaineDOT in
					 developing the Statewide Long-Range Transportation Plan. The MTA Planning
					 Report will be updated periodically (at a minimum every five years) as new
					 needs and issues are developed using the same process that is described in this
					 Section 1.
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-2 - SIGNIFICANT TRANSPORTATION PROJECTS

Current through 2024-29, July 17, 2024
A.
Introduction
All MTA planning for significant transportation projects,
					 whether initiated by MTA or others, shall adhere to the requirements of the
					 Sensible Transportation Policy Act (STPA). Before funding a significant
					 transportation project, the STPA requires that the MTA evaluate the full range
					 of reasonable transportation strategies to address the transportation
					 need.
The STPA requires that MTA transportation planning
					 decisions be consistent with the purposes, goals and policies of the
					 Comprehensive Planning and Land Use Regulation Act. Before taking any action
					 that adds transportation capacity, the MTA may consider or recommend potential
					 land use strategies that will work to preserve corridor capacity, manage
					 corridor mobility, protect public investment in infrastructure and public
					 services, and foster transportation-efficient land uses that combat the public
					 costs of sprawl.
This rule is intended to require a corridor planning and
					 development process such that a series of individual transportation improvement
					 projects, when viewed comprehensively are evaluated in accordance with this
					 section to determine if they increase capacity.In addition, this rule calls for
					 an evaluation of strategies when existing highway features, such as breakdown
					 lanes, auxiliary lanes, and sidewalks are considered for conversion to through
					 lanes.
B.
Transportation Strategy Evaluation
When a transportation need or deficiency has been
					 identified through the transportation planning process, and that need or
					 deficiency results in a potential significant transportation project, MTA's
					 planning process will evaluate a full range of reasonable transportation
					 strategies before funding the improvement. The strategies to be considered will
					 include:
(1) New facilities and
				  services, including different modes of transportation or combinations of modes
				  that could reasonably meet identified transportation needs. The different modes
				  of transportation that may be considered under the strategy evaluation when
				  appropriate include but are not limited to:
(a) Highway and bridge
(b) Passenger and freight air services and
				  facilities
(c) Transit
				  services
(d) Rideshare
				  options
(e) Ferry service or
				  cargo/passenger port improvements
(f) Freight and passenger rail services and
				  facilities
(g) Bicycle
				  facilities
(h) Pedestrians
				  facilities
(i) Intermodal
				  facilities
(j) Tolling
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-4 - CAPITAL INVESTMENT DECISIONS; MTA CAPITAL INVESTMENT PLAN

Current through 2024-29, July 17, 2024
MTA shall prepare annually a capital investment plan (the
					 "MTA Capital Investment Plan") for MTA's capital investment decisions that will
					 be comparable in scope and content to the TIP prepared by MaineDOT. MTA will
					 select projects in consultation with local officials and regional planning and
					 development organizations. The MTA Capital Investment Plan will be multimodal
					 and include appropriate transportation demand management and system management
					 options.
Projects and programs selected for inclusion in the MTA
					 Capital Investment Plan will be those that best promote and implement the
					 policy objectives set forth in the Sensible Transportation Act, are responsive
					 to the identified transportation system deficiencies or needs, ensure the
					 necessary maintenance and preservation of the existing transportation system
					 and are consistent with financial resources available to MTA.
Before adopting an MTA Capital Investment Plan, MTA will
					 make available to the public its draft Capital Investment Plan and provide
					 citizens, regional councils, affected public agencies and other interested
					 parties with an opportunity to review and comment on the draft Capital
					 Investment Plan. Where substantial public interest exists, MTA will hold a
					 public hearing on its draft Capital Investment Plan. MTA will respond to
					 comments on its draft Capital Investment Plan either individually or through a
					 published report. MTA will consider all comments in developing the final MTA
					 Capital Investment Plan.
MTA may add, change scope, transfer, or delete a project
					 from one MTA Capital Investment Plan to another as necessary and appropriate to
					 best meet the overall policy objectives set forth in Section 4-B of Subchapter
					 I of this Rule. Newly proposed significant highway projects will be subject to
					 the evaluation and process set forth in Section 2 of this Rule. Projects which
					 are not significant but which were not previously included in the MTA Capital
					 Investment Plan may be implemented under an abbreviated public participation
					 process in cooperation with the regional transportation advisory committee as
					 necessary to meet the critical needs of the State. The addition of maintenance
					 projects will not require a public participation process.
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-5 - COMMUNITY ENHANCEMENT

Current through 2024-29, July 17, 2024
A.
Introduction
In consultation with municipal officials and as part of the
					 planning (project scoping) and preliminary design process, capital improvement
					 projects will be reviewed to determine how they may be developed in support of
					 community needs, values and livability. MTA will assemble sufficient data to
					 support an understanding of relevant community values and assets on projects
					 other than system preservation,. In addition, MTA assembles data regarding
					 natural and cultural resources that are protected by Federal and State
					 Law.
The extent of this review will be dependent upon MTA's
					 purpose and need for the transportation project. Unless otherwise provided for,
					 the enhancement options identified by this review and requested by the
					 community may be implemented through a shared investment program. If the MTA
					 decides to implement an enhancement option, a Memorandum of Understanding (MOU)
					 may be developed detailing the project scope and financial participation.
					 Community enhancements may include such provisions as facilities for
					 pedestrians and bicycles, acquisition of scenic easements and historic sites,
					 landscaping, use of materials that enhance historical preservation or community
					 character, mitigation of water pollution due to highway run off and other
					 similar enhancements.
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-6 - PROJECT DEVELOPMENT

Current through 2024-29, July 17, 2024
A. Introduction
MTA will develop a Capital Work Plan that describes which
					 projects may be initiated, the funding prerequisites and the proposed schedule.
					 Projects will be implemented as prescribed in the Capital Work Plan and its
					 updates.
During preliminary design of funded projects, at MTA's
					 discretion or if requested by municipal officials, MTA will engage a public
					 participation process to explain:
(1)
				  The scope and schedule of the project and how the selected strategy was decided
				  upon as well as the design features that will be utilized;
(2) The impact of the construction on the
				  community;
(3) Any mitigation and
				  community enhancements to be applied; and
(4) The acquisition process which will be
				  incorporated into the project development;
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-7 - INTER-AGENCY COOPERATION

Current through 2024-29, July 17, 2024
Recognizing that the activities of MTA under this
					 Subchapter and those of MaineDOT under Subchapter I might sometimes be
					 conducted more advantageously or economically on a joint basis, those agencies
					 may agree that one or more of the activities described in this Subchapter
					 and/or the parallel provisions of Subchapter I may be conducted by one of the
					 agencies on behalf of both, with each agency retaining ultimate authority and
					 responsibility for transportation planning decisions, capital investment
					 decisions and project decisions under its jurisdiction. In discharging its
					 responsibilities under this Subchapter, MTA may rely upon one or more of the
					 evaluations, assessments or decisions reached or developed by MaineDOT under
					 Subchapter I.
MaineDOT may consult with the MTA on any transportation
					 plans submitted to MaineDOT pursuant to Subchapter III if those plans are
					 submitted by a municipality through which the Turnpike runs through, a
					 municipality adjacent to a municipality the Turnpike runs through, or a
					 regional entity whose members include any such community. Any such plans will
					 be submitted to MTA as early in the review process as possible to ensure that
					 MTA's comments on the plans may be thoroughly considered by MaineDOT.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter III - Municipal Planning › Section 229-103-III-1 - INTRODUCTION

Current through 2024-29, July 17, 2024
The 121st Legislature amended
					 the Sensible Transportation Policy Act by enacting PL 2002, Ch. 22, "An Act to
					 Enhance Integration of Transportation and Land Use Planning." The amendment
					 requires MaineDOT to develop a rule that would establish a linkage between the
					 comprehensive planning considerations of the Community Planning and Land Use
					 Regulation Act ( 30-A MRSA, section187, subchapter 2) and the transportation
					 planning and decision-making processes required under the Sensible
					 Transportation Policy Act. The 123rd Legislature
					 enacted Title 23 § 73-A which promotes coordinated land use and
					 transportation decisions and offers funding preferences to those communities
					 that enact plans, policies, ordinances, etc. that preserve transportation
					 functionalities.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 103 - RULES FOR THE SENSIBLE TRANSPORTATION POLICY ACT › Subchapter III - Municipal Planning › Section 229-103-III-3 - COMMUNITY TRANSPORTATION INVESTMENT INCENTIVES

Current through 2024-29, July 17, 2024
In addition to having developed a new or updated
					 transportation plan or a new or updated transportation chapter within a
					 Long-Range Land Use Plan, consistent with the policies of Subchapter I, Section
					 4-B, the municipality(ies) shall:
A.
				  Have adopted it through its legislative process. Municipalities with a plan or
				  ordinance update or amendments to sections of plans or ordinances that are not
				  consistent with sub-chapter 3 of this rule shall not be eligible for
				  incentives.
B. Enter into an
				  agreement with MaineDOT that the Transportation Plan or Transportation chapter,
				  including appropriate land use management strategies of the new or updated
				  municipal or multimunicipal comprehensive or Long-Range Land Use Plan has been
				  implemented or will be by an agreed upon date.
C. Community Incentives shall include:
1. Bonus prioritization points that increase
				  access to funding in MaineDOT's competitive programs; a list of such
				  competitive programs shall be published every two years.
2. Incremental reductions in local match
				  requirements.
3. Bonus
				  prioritization points when funding highway reconstruction and transportation
				  mobility projects.
4. Title 23
				  section 703-B and section 1821
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 104 - TRAVEL ON STATE AND STATE AID HIGHWAYS

Current through 2024-29, July 17, 2024
SUMMARY: This Rule is a brief statement affirming the basic
				right of all highway users to travel on all State and State Aid highways in
				Maine.
It is the goal of the State of Maine, Department of
				Transportation that Maine's public highways be safe and efficient and
				contribute to the economic growth of the State and the well-being of its
				people. MDOT will make good faith efforts to have Maine's public highway
				network meet the social, economic, and environmental needs of the public. In
				addition, public highways are intended for the overall general use of the
				traveling public and for business, recreation, and overall access to areas
				across the State. Therefore, MDOT recognizes that there is an affirmative right
				for all individuals and entities, public and private, domestic or commercial,
				to travel on all State or State Aid highways in Maine. This right shall exist
				until the Commissioner of MDOT suspends or otherwise restricts any such traffic
				on any highway under MDOT jurisdiction.
STATUTORY AUTHORITY:
				   23 MRSA
				  §52  ;
				   30-A MRSA
				  §3009
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-01 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this chapter, the following words have the
				  following meanings unless the context indicates otherwise.
Construction Contract. A contract between the Department and
				  at least one other party with a scope of work that encompasses the construction
				  or maintenance of on-the-ground improvements including roads, bridges, paths,
				  wharves, piers, buildings, other transportation infrastructure, and related
				  improvements such as landscaping. Construction Contracts do not include
				  planning, appraisal, design, survey or other preconstruction services unless
				  such services are to be provided by the Contractor and are specifically within
				  the scope of work.
Predecessor Entity. Any individual or entity that was in
				  existence at any time within five years of the conduct allegedly justifying the
				  suspension and that was owned, operated, or controlled to a significant degree
				  by a Contractor or that Contractor's owners or officers.
Unless the context clearly indicates otherwise, all other
				  words, phrases or terms shall have the meanings contained in the latest version
				  of the Department's Standard Specifications, Highways and Bridges, as revised
				  by Supplemental Specifications.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-02 - Suspension Authorized

Current through 2024-29, July 17, 2024
The Department may suspend the right of a Contractor to
				  submit bids on Construction Contracts for a term of not less than 90 days, but
				  not more than two years. In setting the period of suspension, the Department
				  will consider the degree to which the Contractor has violated the grounds for
				  suspension set forth in 105.03 as well as the gravity of the attendant
				  consequences of such violation. Suspension does not affect the suspended
				  Contractor's right to perform Work as a subcontractor on Construction Contracts
				  provided that the suspended Contractor does not work as a subcontractor for its
				  Predecessor Entity or its Related Entity.
Suspension is distinguishable from debarment in that the
				  suspended Contractor is only prohibited from bidding on Construction Contracts,
				  but the suspended Contractor can work as a subcontractor. In the case of
				  suspension, the maximum period of suspension under this rule is two years.
				  Compare the "Rules Regarding Debarment of Contractors", Me. Dept. of Trans.
				  Reg. 17-229, Chap. 102.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-03 - Grounds for Suspension

Current through 2024-29, July 17, 2024
The Department may suspend a Contractor if the Contractor,
				  its predecessor entity, or a related entity:
A. Defaults or terminates on past or current
				Contracts;
B. Fails to pay or
				settle any bills for labor, materials or services on past or current
				Contracts;
C. Fails to provide
				Closeout Documentation in a timely way on past or current Contracts;
D. Fails to fulfill warranty obligations of
				past or current Contracts;
E.
				Engages in "Below Standard" performance as determined by the Department's
				Contractor's Performance Rating process;
F. Is unable to obtain or retain performance
				or payment bonds meeting the Department's requirements;
G. Fails to accept an award of a Contract
				made by the Department;
H. Makes
				false, deceptive, or misleading statements or omissions, whether or not under
				oath, on the Contractor's Prequalification Application, in connection with a
				claim on prior Contracts or in connection with bidding or performance on a
				Construction Contract;
I. Fails to
				provide information requested by the Department pursuant to this Chapter
				105;
J. Engages in activity that
				constitutes grounds for debarment under section 102.02 of the "Rules Regarding
				Debarment of Contractors", Me. Dept. of Trans. Reg. 17-229, Chap. 102 (Oct. 2,
				1985);
K. Is debarred or suspended
				by any federal, state or local governmental procurement agency or agrees to
				refrain from bidding as part of a settlement with any such agencies.
L. Engages in serious misconduct that the
				Department reasonably determines will substantially and adversely affect the
				cost, quality or timeliness of Work or the safety of workers or the
				public.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-04 - Notice of Possible Suspension

Current through 2024-29, July 17, 2024
The Department must provide written notice to the Contractor
				  that the Department is considering suspending the Contractor from bidding on
				  Construction Contracts. The notice must include the apparent grounds for
				  suspension and a copy of these Rules Regarding Suspension from Bidding (Chapter
				  105).
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-05 - Investigation

Current through 2024-29, July 17, 2024
The Department may require the Contractor to provide any
				  information that the Department determines is necessary or convenient to
				  evaluate possible suspension including all information requested in the
				  Contractor's Prequalification Application form adopted by the Department. The
				  Department may conduct such other investigation as it determines is necessary
				  to evaluate possible suspension of the Contractor including gathering
				  information from other published sources of industry information, information
				  from other state transportation departments, the Federal Highway
				  Administration, and any other relevant information. The Department may issue
				  subpoenas to compel the attendance and testimony of witnesses and the
				  production of evidence relating to any material issue in accordance with Maine
				  Administrative Procedure Act,
				   5 M.R.S.A.
				  Section9060.
Based upon this investigation, the Department will determine
				  whether there exist reasonable grounds to proceed with suspension. The
				  Department must provide written notice to the Contractor of this determination.
				  Said notice must include a provision that the Contractor has the right within
				  10 days of receipt of said notice to request a hearing. Such notice may also
				  include a provision that the Department, in its discretion, has scheduled a
				  hearing.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-06 - Hearing

Current through 2024-29, July 17, 2024
If a hearing is scheduled due to a request by the Contractor
				  or due to an exercise of the Department's discretion, the Department will
				  provide the Contractor with at least 10 days prior written notice of the date,
				  time and place of the hearing unless waived by the Contractor. All hearings
				  shall be adjudicatory proceedings held in accordance with the Maine
				  Administrative Procedure Act,
				   5 M.R.S.A. Section9051,
et seq
.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-07 - Decision

Current through 2024-29, July 17, 2024
After investigation and hearing (if any), the Department will
				  make its decision through its Chief Engineer and notify the Contractor in
				  writing of its determination. If a Contractor is suspended, then the term of
				  the suspension shall not be less than 90 days and not more than two
				  years.
Upon receipt of the Department's notice of suspension, the
				  Contractor is disqualified from bidding on Construction Contracts for the
				  suspension period in the notice.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-08 - Delay of Bid Openings Pending Appeal

Current through 2024-29, July 17, 2024
Within two days of receipt of a notice of suspension, the
				  Contractor or the Department may request a postponement of bid openings on
				  which the Contractor intends to bid until after the appeal process provided in
				  subsection 105.09 below. Such requests will be granted unless the Department in
				  its discretion determines that delay is likely to cause substantial harm to the
				  interests of the State. If a request for postponement is denied, the Contractor
				  is not eligible to bid pending appeal.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-09 - Appeal to Commissioner

Current through 2024-29, July 17, 2024
To appeal a suspension by the Chief Engineer, the Contractor
				  must, within 10 days of receipt of the notice of suspension, deliver to the
				  Commissioner a written appeal notice and any additional written information or
				  arguments that the Contractor wants considered.
Within 20 days of receipt of the appeal notice, the
				  Commissioner or his designee(s) will notify the Contractor in writing that the
				  suspension is affirmed, modified or reversed, that additional information is
				  required or that the Commissioner elects to submit the issue to binding or
				  non-binding alternative dispute resolution.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-10 - Final Agency Action

Current through 2024-29, July 17, 2024
Any such written affirmation, modification, or reversal by
				  the Commissioner or his designee(s) pursuant to 105.9 of these rules shall be
				  final agency action as of the date of receipt by the Contractor. In cases of
				  binding alternative dispute resolution, the 20-day appeal period shall not
				  begin to run until the day after the Commissioner mails written notice to the
				  Contractor that the Commissioner has adopted the decision. In cases of
				  non-binding alternative dispute resolution, the 20-day appeal period shall not
				  begin to run until the day after the Commissioner mails to the Contractor
				  written notice adopting, modifying or reversing the non-binding
				  decision.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 105 - RULES REGARDING SUSPENSION FROM BIDDING › Section 229-105-11 - Judicial Review

Current through 2024-29, July 17, 2024
Any petition for review shall be in accordance with the Maine
				  Administrative Procedure Act,
				   5 M.R.S.A.
				  §11001,
et seq
. and
				  Rule 80C of the Maine Rules of Civil Procedure.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-1 - PURPOSE AND AUTHORITY

Current through 2024-29, July 17, 2024
The purpose of this Rule is to provide applicants for the
				  Maine Department of Transportation (MaineDOT) Quality Community Program the
				  procedures necessary to receive incentive bonus pointspursuant to P.L. 2007,
				  Chapter 208, "An Act to Promote Transportation Planning, Increase Efficiency
				  and Reduce Sprawl," to further the purposes and policies of
				   23 M.R.S.A.
				  §73 and Title 30-A, chapter 187,
				  subchapter 2, to encourage sound transportation planning and to protect the
				  integrity of regional transportation systems and thereby prevent or reduce the
				  need for costly future capacity or retrofitting expenditures associated with
				  unmanaged development along State transportation corridors.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-3 - DEFINITIONS

Current through 2024-29, July 17, 2024
1.
Applicant
. Applicant means
				one or more municipalities, an entity whose project is sponsored by and whose
				application is endorsed by a municipality or municipalities.
2.
Community Transportation
				Plan
. "Community Transportation Plan" means a transportation plan,
				developed by one or more municipalities along a State transportation corridor,
				designed to strengthen the functional viability and lengthen the long-term life
				of State transportation corridors and addresses the manner in which development
				along State transportation corridors in the municipality or municipalities is
				to occur. A Community Transportation Plan that is part of a comprehensive plan
				developed pursuant to 23 M.R.S.A. §73 and the associated rules may qualify
				as a Community Transportation Plan. A Community Transportation Plan should
				include estimates of transportation systems cost savings as a result of the
				approved Community Transportation Plan.
3.
MaineDOT
. "MaineDOT" means
				the Maine Department of Transportation.
4.
Quality Community Program
.
				"Quality Community Program" is a funding program designated biennially by
				MaineDOT. This program is a competitive program designed to make
				transportation-related improvements in communities by providing funding for
				improvements such as small harbors, bicycle and pedestrian facilities,
				transportation safety, the natural environment, or for scenic, historic, and
				other quality community improvements. Municipalities are required to endorse
				applications.
5.
Transportation Planning Incentive Funding
. "Transportation
				Planning Incentive Funding" means funding available through MaineDOT's Quality
				Community Program.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-4 - ELIGIBILITY FOR INCENTIVE BONUS POINTS

Current through 2024-29, July 17, 2024
For a Quality Community Program application to receive the
				  additional bonus points resulting from this Rule, the municipality is required
				  to be listed on the MaineDOT list of municipalities with an approved Community
				  Transportation Plan, and have adopted and implemented the Plan's recommended
				  land use development and transportation strategies, related policies, programs
				  and ordinances.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-5 - PROCEDURES FOR REVIEW

Current through 2024-29, July 17, 2024
1.
Plans and
				ordinances
A. For comprehensive plans
				developed in accordance with Title 30-A M.R.S.A. chapter 187, subchapter 2,
				municipalities must follow the practices already outlined in the comprehensive
				plan and ordinance submission procedures and rules of the State Planning
				Office.
B. For Community
				Transportation Plans developed in accordance with Title 23 M.R.S.A. §73,
				municipalities must submit transportation plans to MaineDOT's Bureau of
				Transportation Systems Planning for review and approval.
C. In order to receive the bonus points under
				this Rule, a municipality must also submit adopted ordinances that incorporate
				land use development and transportation strategies, policies, and programs
				related to the Community Transportation Plan to MaineDOT's Bureau of
				Transportation Systems Planning for review and approval. Upon receiving
				approval, the municipality will be placed on MaineDOT's list of municipalities
				that have adopted ordinances that support the Community Transportation
				Plan.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-6 - INCENTIVE BONUS POINTS

Current through 2024-29, July 17, 2024
1. For a project
				application to receive additional incentive bonus points described below, the
				municipality must be listed on the MaineDOT list of municipalities that have an
				approved Community Transportation Plan; and have adopted and implemented the
				Plan's recommended land use development and transportation strategies, related
				policies, programs and ordinances.
2.
Sensible Transportation Incentive
				Bonus Points
A. Quality Community
				Program applications will receive incentive bonus points if:
(1) the municipality has an approved adopted
				Community Transportation Plan; and
(2) the municipality has adopted ordinances
				that incorporate land use development and transportation strategies as outlined
				in the Community Transportation Plan; and
(3) the adopted plan and ordinances have met
				objectives outlined in the Sensible Transportation Policy Act.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-7 - COMPETITIVE RATING SYSTEM SCORING CRITERIA

Current through 2024-29, July 17, 2024
MaineDOT will award available Quality Community Program funds
				  in a fair and equitable manner based on available funding, and the scoring
				  criteria below.
The scoring criteria for Quality Community Program
				  applications is as follows and will be scored on a system based on a 100
				  points, which will be published as part of the application:
1.
Scoring Criteria Definitions
A.
Transportation Value
.
				"Transportation Value" is the degree to which a project serves valid
				transportation purposes as opposed to recreational or other purposes. A project
				serves a valid transportation purpose if it serves as a connection between
				origins and destinations, increases safety, or enhances the use of the
				transportation system and the transportation environment.
B.
Positive Impact on the
				Community
. "Positive Impact on the Community" is one that makes a
				community a better place to live.
C.
Regional Impact
. "Regional
				Impact" is the project's positive impact on the region in which it is located,
				and the degree to which it will serve users from beyond a single
				municipality.
D.
Demonstrated
				Need
. "Demonstrated Need" indicates how well a project serves important
				functions and accomplishes the project's stated purpose.
E.
State Planning
				Goals/Economic/Tourism Benefit
. "State Planning Goals/Economic/Tourism
				Benefit" indicates how well a project will enhance or enable a livable, compact
				community that has the potential to improve quality of life, thereby enhancing
				the economic vibrancy of a community or region.
F.
Potential Safety Improvement
.
				"Potential Safety Improvement" is a project that addresses existing or
				potential safety problems or issues.
G.
New Opportunities
. "New
				Opportunities" identifies how a project will create new improvements that do
				not exist or might not otherwise occur or that leverage additional
				investments.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-8 - ADMINISTRATION

Current through 2024-29, July 17, 2024
1.
Solicitation Process
On even numbered years, MaineDOT will send out municipal
				  request packets asking all municipalities to reply with local transportation
				  priorities and to indicate their potential interest regarding the Quality
				  Community Program. Applications will be made available to municipalities that
				  request them in early spring of even numbered years.
2.
Application Process
Applicants will fill in all sections of the MaineDOT Quality
				  Community Program application form and submit by the appropriate due date with
				  all required signatures and commitments for local participation.
3.
Selection Process
A review committee which may consist of representatives of
				  MaineDOT representing planning, project development, traffic engineering,
				  safety; other State and federal agencies; and individual(s) representing the
				  public, will score eligible project applications based on the criteria outlined
				  in this Rule. MaineDOT will award available Quality Community Program funds in
				  a fair and equitable manner based on eligibility, available funding and the
				  scoring criteria.
4.
Notification of Award Process
A letter of notification is sent to all applicants following
				  final approval of the MaineDOT capital work plan. Successful applicants are
				  required to sign a letter of understanding which includes municipal
				  responsibility for appropriate local financial participation, and other local
				  commitments outlined in the application. Before any project funding is
				  initiated, a final Local-State Agreement will be signed outlining all roles and
				  responsibilities.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 106 - RULES FOR THE TRANSPORTATION PLANNING INCENTIVE PROGRAM › Section 229-106-9 - DEFAULT

Current through 2024-29, July 17, 2024
A municipality must pay back to the department any incentive
				  funding provided by the department under this section if the municipality
				  repeals or revises its community transportation plan or related ordinance
				  provisions within 10 years of receipt of the incentive funding, unless the
				  repeal or revision is approved by the department. The Department may decline to
				  approve such repeal or revision and, if so, will seek to have an action brought
				  by the Maine Attorney General to recover such funds.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 110 - COMPACT AREA DEFINITION RULE › Section 229-110-1 - Definitions

Current through 2024-29, July 17, 2024
(1)
Commissioner
. "Commissioner"
				means the Commissioner of the Maine Department of Transportation, or his or her
				designee.
(2)
Department
. "Department" means the Maine Department of
				Transportation.
(3)
Municipality
. "Municipality" includes cities, towns and
				plantations.
(4)
State
				Highways
. "State Highways" means all state highways and state-aid
				highways designated by the Department pursuant to
				23 M.R.S.A.
				§53 and 17-229 CMR, Chapter
				304.
(5)
Structure
."Structure" means any construction, or any production or
				piece of work artificially built up or composed of parts joined together in
				some definite manner, or any combination of materials to form a construction
				for occupancy, use, protection, recreation or ornamentation whether installed
				on or above, the surface of a parcel of land. The term "structure" includes all
				houses, commercial buildings, garages, constructed buildings, driveways with
				E-911 names, all public ways, parking lots, and certain utility buildings. It
				may also include other features that are associated with or located to serve a
				particular structure or group of structures. Such features may include, but are
				not limited to, accessory fences, supports, signs, accessways, lighting
				fixtures, drainage facilities, and public utility or similar
				facilities."
(6)
Town
.As used herein, "Town" has the same definition as in Title
				23, Section 2.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 110 - COMPACT AREA DEFINITION RULE › Section 229-110-2 - General

Current through 2024-29, July 17, 2024
Urban compact areas in Maine have been in existence since
				  the early 20th century. Current Maine law,
				  23 MRSA
				  §754, requires that all state and
				  state-aid highways within compact areas of urban compact municipalities must be
				  maintained in good repair by the town in which the highways are located at the
				  expense of the town. Whenevera municipality meets the criteria set forth in
				  23 MRSA
				  §754(B) for designation
				  as an urban compact municipality, the "compact or built-up section" boundaries
				  need to be established by the Department pursuant to statute. These boundaries
				  determine the highway maintenance boundary between the Department and the
				  municipality along with jurisdictional control of driveway entrance permitting
				  and highway utility opening and location permitting. This Rule creates a set of
				  guiding criteria for determining those boundaries based on structure
				  density.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 110 - COMPACT AREA DEFINITION RULE › Section 229-110-3 - Defining the compact or built-up section of highway

Current through 2024-29, July 17, 2024
The Department shall use the following criteria:
(1) the 200 foot distance will be interpreted
				to be an average of 200 feet between structures over a minimum of 0.25 miles
				when reviewing both sides of a road;
(2) the 200 foot distance will be measured
				along centerline between offsets that are 90 degrees from centerline to the
				outside edge of structures;
(3)
				structures can have access drives from the highway in question but may be
				accessed from nearby side streets;
(4) structures would generally not include
				distant apartment complexes/developments (300 feet +/- away from road) but the
				access driveway may be considered a structure;
(5) gaps may occur within the 0.25 mile
				section such as streams, fields, woods, or other natural features;
(6) intermittent compact sections can be
				connected by features that are not structures and include, but not be limited
				to,lawns/fields, graveyards, airports, gated properties, access-controlled
				sections, or natural features;
(7)
				noncompact sections well within a contiguous urban compact area would be
				considered compact.
The actual compact line could be placed at intersecting
				  roads, or other turnaround areas to maximize maintenance efficiencies of both
				  the Department and municipality. Once the boundaries are set, the Department
				  and municipality may mutually agree to swap sections for operational
				  efficiency.
The Commissioner shall have final determination of these
				  boundaries.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 150 - RULES AND REGULATIONS TO PROTECT THE PRIVACY OF CERTAIN PERSONAL INFORMATION CONTAINED IN PAYROLL RECORDS SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION › Section 229-150-1 - Criteria for disclosure and protection of information

Current through 2024-29, July 17, 2024
Records filed with the Maine Department of Transportation
				  pursuant to
				   26 M.R.S.A.
				  §1311 are public records pursuant to
				  Title 1, chapter 13 (the Maine Freedom of Access Act), and shall be made
				  available if requested pursuant thereto, except that Social Security numbers
				  and taxpayer identification numbers must be withheld unless the employee to
				  whom that Social Security number was issued or the entity to which that
				  taxpayer identification number was issued consents in writing to its
				  release.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 150 - RULES AND REGULATIONS TO PROTECT THE PRIVACY OF CERTAIN PERSONAL INFORMATION CONTAINED IN PAYROLL RECORDS SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION › Section 229-150-2 - Procedures for protection of information

Current through 2024-29, July 17, 2024
Except as provided in §
									1 above, upon receipt of a Freedom of
				  Access Request for records filed with the Maine Department of Transportation
				  pursuant to
				   26 M.R.S.A.
				  §1311, and prior to disclosure thereof
				  to the requesting party, Maine Department of Transportation personnel shall
				  review those records and redact Social Security numbers and taxpayer
				  identification numbers contained therein.
Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 150 - RULES AND REGULATIONS TO PROTECT THE PRIVACY OF CERTAIN PERSONAL INFORMATION CONTAINED IN PAYROLL RECORDS SUBMITTED TO THE DEPARTMENT OF TRANSPORTATION › Section 229-150-3 - Preservation of immunity

Current through 2024-29, July 17, 2024
Nothing contained herein is intended or shall be construed to
				  waive, limit or diminish any of the rights, privileges and immunities afforded
				  the State of Maine, the Maine Department of Transportation or any of its
				  officers, agents or employees by law, including but not limited to the
				  immunities provided by the Maine Tort Claims Act and the
				  11th Amendment to the United States Constitution.
				  Nothing contained herein is intended or shall be construed to create any cause
				  of action or basis for damages or disciplinary action against the State of
				  Maine, the Maine Department of Transportation or any of its officers, agents or
				  employees.