Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 299 - HIGHWAY DRIVEWAY AND ENTRANCE RULES › Part B - ENTRANCE RULES › Section 229-299-B-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 A, Driveway 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, 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
						existing access 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.
Arterials. 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 entrance 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. A restaurant expansion adding patron
						capacity is a change in use when the daily traffic increases from under 50
						trips per day to more than 50 trips per day. Any change in activity that
						increases the daily trips from under 50 to over 50 trips per day is a change in
						use. A change in ownership alone is not a change in use. 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 an entrance excluding its
						radii.
										 Design Vehicle. The longest and widest vehicle
						expected to use the entrance on a regular basis as reasonably determined by
						MaineDOT. Regular basis means several times during any week; the use need not
						be daily.
										 Designated Downtown. The area as defined in 30-A
						MR.S.A. §4301, subsections 5-A.A and 5-A.B.
										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. Rules
						for Driveways are contained in Part A.
										 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.
										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 Width. The distance across the entrance,
						excluding radii, measured parallel to the highway.
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.
										Major Collector. A highway located outside the urban
						compact area that provides connections between Arterials and local roads as
						designated by MaineDOT. Major Collectors are listed in Appendix C.
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. Non-compact Arterials
						are listed in Appendix C.
Permit by Rule. A simplified procedure for
						forest management and farmingactivities by which the applicant may obtain a
						permit for maintenance or construction of an entrance 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 a 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 shall 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 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 the 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 to (1) all
				  public or private accesses onto state and state aid highways located outside
				  urban compact areas, (2) the alteration of existing entrances onto said
				  highways, and (3) to changes in use on the property serviced by such existing
				  entrances.
B. Relationship to
				  Municipal or Land Use Regulation Commission (LURC) Requirements. Nothing in
				  this rule supplants any municipal ordinance or LURC regulation. Where the
				  provisions of this rule differ from a provision of a municipal ordinance or
				  LURC regulation, the most stringent or restrictive provision as relates to the
				  purpose of these rules will apply.
C. Traffic Movement Permit. Development that
				  generates 100 or more passenger car equivalents in a peak hour in any one day
				  must apply for a Traffic Movement Permit and need not apply for an Entrance
				  Permit. Such development must comply with the performance standards outlined in
				  this rule unless already more restrictive in the Traffic Movement Permit rule;
				  however, all other application procedures, including the issuance of a permit,
				  will be in accordance with requirements in 17-229, Maine Administrative Rule,
				  Chapter 305, Rules and Regulations Pertaining to Traffic Movement Permits
				  pursuant to M.R.S.A. 23 704-A.