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-8 - SUBSTANTIAL PUBLIC INTEREST PROJECTS

Current through 2024-29, July 17, 2024
A.
General
If MaineDOT determines that a transportation project is not
					 a significant transportation project, but involves issues of substantial public
					 interest, MaineDOT will engage a public participation program tailored to that
					 project.
MaineDOT may require a report from a municipality, RC, or
					 other entity representing the municipality documenting the proposed project's
					 consistency with a Long-Range Land Use Plan. Absent a Long-Range Land Use Plan,
					 MaineDOT may consider otherwise unregulated municipal resources of value that
					 have been formally documented in a statement 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. MaineDOT 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.
MaineDOT will respond to such advice as the project is
					 planned and developed. Whether or not a municipality has requested the
					 substantial public interest transportation project, MaineDOT may require that
					 the host municipality(ies) enact land use management mechanisms to avoid or
					 minimize activities that could reduce the benefit of the transportation project
					 consistent with the State and Local Agreement discussed in Subchapter I,
					 Section 9.
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.
MaineDOT, together or in consultation with the MTA, an MPO,
					 RC and affected municipality(ies), as applicable, 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 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 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) MaineDOT 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. MaineDOT 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 MaineDOT or its designated
				  municipal or regional representative. MaineDOT 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 a Long-Range Land Use Plan or the goals of the Act, or if its
					 land use impacts are found to be adverse to the policies of Subchapter I,
					 Section 4-B, MaineDOT shall seek the advice of the municipality or regional
					 entity as to how to avoid, minimize or mitigate the inconsistency or adverse
					 impact. Whether or not a municipality has requested the proposed interchange
					 improvements, MaineDOT may require that the host municipality(ies) enact land
					 use management mechanisms to avoid or minimize activities that could reduce the
					 transportation benefit of the interchange project.