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-3 - ADMINISTRATION

Current through 2024-29, July 17, 2024
In cases of new driveways, or those involving a change of
					 use, a MaineDOT permit is required prior to the commencement of any site work
					 or construction of or addition to the building(s), or other improvement(s)
					 activity relating to the change of use, or in cases not involving such
					 construction, prior to commencement of the new activity that constitutes the
					 change of use. In cases of alterations of existing driveways, a MaineDOT permit
					 is required prior to commencement of construction or alteration of the portion
					 of the driveway that lies within the state or state aid
					 road
.
SU
3.1.Application
The applicant shall complete MaineDOT's Driveway Permit
					 Application form and submit it to the MaineDOT Regional Office having
					 jurisdiction over the state or state aid highways onto which the driveway is
					 proposed. MaineDOT may reduce the amount of information required on a
					 case-by-case basis as necessary to assure compliance with the applicable
					 driveway standards. If an applicant seeks a waiver from the driveway standards,
					 the request and the reasons for the requested waiver must be submitted as an
					 attachment to the application form.
3.2.
				  On-Site Meeting
If MaineDOT determines that a site visit is required to
					 assure compliance with this rule, or if the applicant requests a site visit,
					 MaineDOT will arrange an on-site meeting with the applicant within one business
					 week of receiving an application.
3.3.Review and Decision
A. Review Time. MaineDOT must issue a permit
				  decision within 15 business days of an applicant's filing a complete
				  application unless MaineDOT reasonably determines additional information or
				  time is needed to make a decision.
B. Approvals. MaineDOT may approve the
				  application and issue a permit subject to any conditions necessary to assure
				  compliance with the applicable driveway standards. Approvals will include a
				  brief statement of the findings and conclusions that support approval. At a
				  minimum, the property owner will be required to meet the following standard
				  permit conditions:
(1) Provide, erect and
				  maintain all necessary barricades, lights, warning signs and other devices as
				  directed by MaineDOT to safeguard traffic properly while the construction is in
				  progress.
(2) At no time cause the
				  highway to be closed to traffic.
(3) Where the driveway is located within a
				  curb, curb and gutter, and/or sidewalk section, completely remove the existing
				  curb, curb and gutter, and/or sidewalk as may be required to create the
				  driveway and restore drainage. All driveways abutting sidewalk sections shall
				  meet the requirements set forth in the Americans with Disabilities Act of 1990,
				  42
				  U.S.C. §§
													12131
et
				  seq
.
(4) Obtain, have
				  delivered to the site and install any culverts and/or drainage structures which
				  may be necessary for drainage, the size, type and length as called for in the
				  permit pursuant to 23 M.R.S.A. §705. All culverts and/or drainage
				  structures shall be new.
(5) Start
				  construction of the proposed driveway within twenty-four (24) months of the
				  date of permit issuance and substantially complete construction of the proposed
				  driveway within twelve months of commencement of construction.
(6) Comply with all applicable federal, state
				  and municipal regulations and ordinances.
(7) Not alter, without the express written
				  consent of MaineDOT, any culverts or drainage swales within the MaineDOT right
				  of way.
(8) File a copy of the
				  approved driveway permit with the affected municipality or LURC, as appropriate
				  within 5 business days of receiving the MaineDOT approval.
(9) Construct and maintain the driveway side
				  slopes to be no steeper than the adjacent roadway side slopes, but in no case
				  to be steeper than 3 horizontal to 1 vertical, unless the side slope is behind
				  existing roadway guardrail, in which case it shall be no steeper than 2
				  horizontal to 1 vertical.
(10)
				  Notify MaineDOT of a proposed change of use served by the driveway when
				  increase in traffic flow is expected to occur. This does not exempt the need
				  for obtaining a Traffic Movement Permit (TMP) if trip generation meets or
				  exceeds 100 passenger car equivalents (pce) during the peak hour of the
				  day.
(11) Construct or implement
				  and maintain erosion & sedimentation measures sufficient to protect
				  MaineDOT's facilities.
(12)
				  Driveways shall be designed such that all maneuvering and parking of any
				  vehicles will take place outside the highway right-of-way and where vehicles
				  will exit the premises without backing onto the highway traveled way or
				  shoulders. All driveways will have a turnaround area to accommodate vehicles
				  using the premises.
Applicants that seek a permit for a change in use or an
					 alteration of a driveway that existed on the effective date of this rule that
					 does not conform to the driveway standards outlined in the rule will be granted
					 a permit as long as the change of use or alteration does not increase any such
					 nonconformance and improves the safety and / or drainage of the driveway. If
					 the proposed alteration is for relocation, the permit must require the
					 elimination of the former driveway such that it can no longer be used to access
					 the highway or adjacent land.
Conditions may include deed restrictions that shall be
					 notarized and recorded at the appropriate Registry of Deeds within 90 days of
					 permit issuance.
C. Waiver of Standards. Driveway standards
				  may be relaxed or waived only as provided in these rules. Requests for waiver
				  should be in writing and should be submitted as an attachment to the permit
				  application; however, MaineDOT may receive a request during permit
				  administration and such request shall be so noted on the application by the
				  applicant.
1. Standards that may not be
				  Waived: The sight distance standards of Section 2.1(A) may not be
				  waived.
2. Further, waivers will
				  not be granted to a property owner whose property has been granted limited
				  access entrances in accordance with 23 M.R.S.A. §303.
3. Standards that may be Waived: Limited
				  waivers relating to turnaround and parking requirements of section 2.1(D) may
				  be granted for cases involving a change of use or alterations of an existing
				  access that the Department determines will likely result in a net gain to
				  public safety or will result in a reduction in its non-conformity with these
				  rules. The spacing standards in Table 3 of Section 2.2(B) may be waived only to
				  the extent that lots of record existing as of May 25, 2002, the effective date
				  of these rules, that do not have access to another public way and do not have
				  sufficient lot frontage to meet these spacing standards, may be allowed access
				  if the applicant meets the criteria for granting waivers set forth in section
				  3.3(C) 4 below.
On mobility arterial segments posted at 40 or 45 mph
				  only, the spacing standards of Table 3 Section 2.2(B) may be waived for lots
				  created after May 25, 2002 only if;
a.
the applicant meets the criteria of granting waivers set forth below
				  and;
b.
the proposed
				  access is located within .2 of a mile of an existing 35 mph or less speed zone
				  located on the mobility arterial to be accessed;
c.
the proposed access is located in
				  an area designated for growth in the municipality's locally adopted
				  comprehensive plan;
d.
the subdivision requirements of 30-A M.R.S.A §4404(5) are met, if
				  applicable, and the applicant certifies that he/she will comply with the
				  building permit requirements of 30-A 4103(3)(D); and
e.
the proposed access will not have
				  an unreasonable adverse impact on the Department's ability to maintain the
				  existing posted speed limit.
All other standards may be waived in accordance with the
					 provisions of this section. Alterations or a change in use of an existing
					 access that the Department determines will likely result in a net gain to
					 public safety or will result in a reduction in its non-conformity with these
					 rules are eligible for such waivers
.
4. Criteria for Granting Waivers.
				  Waiver requests will be granted if the applicant demonstrates, to the
				  reasonable satisfaction of MaineDOT, that: (i) the waiver will not
				  significantly detract from public safety, (ii) the proposed driveway meets the
				  standards to the maximum extent practicable, and (iii) there is no feasible
				  alternative.
a. In determining whether the
				  granting of a waiver will detract from public safety, the department shall
				  consider such factors as crash rates, traffic volumes, road geometrics, types
				  and frequency of traffic moving to and from existing uses within 1000 feet of
				  the proposed driveway.
b.In
				  determining practicability and feasibility, MaineDOT will consider the
				  availability and cost of alternative driveway locations and designs in relation
				  to the proposed use.
c. In cases
				  involving alterations or changes of use of existing accesses, the Department
				  may grant waiver requests if it determines the alteration will likely result in
				  a net gain to public safety or will result in a reduction in the driveway's
				  non-conformity with these rules.
d.
				  In cases involving double frontage lots, MaineDOT will consider the length of
				  frontage on the Mobility Arterial, the intensity of traffic generated by the
				  proposed use, the geography along the frontage of the other public way and the
				  distance to the other public way.
e. The spacing requirement under Section 2.2
				  B Mobility Arterial Standards that "driveways or entrances across the highway
				  must be considered" is hereby waived. Only existing or proposed
				  driveways/entrances on the same side of the highway as proposed driveway or
				  entrance need be considered in applying the spacing standard provided that the
				  proposed driveway or entrance is located such to minimize traffic conflicts as
				  approved by MaineDOT.
5.
				  Waiver Procedure and Formalities. Upon receipt of the waiver request, MaineDOT
				  will review the request and determine whether to grant the request, deny the
				  request, or grant the request with any reasonable condition(s). Waiver
				  determinations will be in writing and sent to the applicant. All waivers
				  granted must be notarized and provide that the terms thereof attach to and run
				  with the land and that failure to record the waiver in the appropriate Registry
				  of Deeds within 90 days of the date of the waiver will cause it to be null and
				  void. The applicant is responsible for such recording.
Reconsideration and appeal of waiver decisions must be made
					 pursuant to Section 3.5 and 3.7.
D. Denials. When denying an application,
				  MaineDOT will send the applicant a notice setting forth a brief statement of
				  the reason for the denial (example - "the proposed driveway does not meet the
				  sight distance standard) and the process for reconsideration.
E. Permit Expiration. A permit will expire
				  within 24 months of the date of issuance if the driveway construction is not
				  commenced. If waivers or conditions are not recorded at the appropriate
				  Registry of Deeds within 90 days of permit issuance, the permit will
				  expire.