Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 210 - UTILITY ACCOMMODATION RULES › Section 229-210-4 - DEFINITIONS

Current through 2024-29, July 17, 2024
The following terms used in these rules shall be interpreted
				  as follows:
Appurtenance
- Any manhole, pull box, junction
				  box, Vent, riser, anchor, guy wire, push brace or other incidental component of
				  a Utility system, whether aboveground or belowground, excluding
				  Facilities.
APWA Uniform Color Code
-
Red
=
				  Electric;
Yello
w = Gas-Oil-Steam;
Orange
=
				  Communication-CATV;
Blue
= Potable Water;
Purple
= Reclaimed Water;
Green
= Sewer;
Pink
= Temporary Survey Markings;
White
=
				  Proposed Excavation
Authorized Entity
- any entity authorized to
				  place and maintain Facilities within the Highway limits.
Backfill
- Replacement of soil around and over a
				  Facility or Appurtenance.
Backslope
- The graded slope between the
				  centerline of ditch and the original ground, located on the side of the ditch
				  opposite the Traveled Way.
Ref. Appendix - Typical Cross Section
				  Elements
Bridge
- A structure designed to carry
				  pedestrians, vehicles, trains or other modes of transportation over another
				  transportation corridor, water, or other physical barrier having a single span
				  of at least 10 feet between supports or a combined open area of 80 square feet
				  for multiple structures (i.e. multiple culverts). For the purpose of these
				  rules, this term shall include both bridges and minor spans as defined in
				  23 MRS
				  §562.
Casing
- Pipe or other separate structure around
				  and outside an underground Facility that is designed to support the dead loads
				  of the Highway and superimposed loads thereon, including that of construction
				  machinery.
Clear Zone
- A Recovery Area established through
				  consideration of traffic volumes, speed, recoverable and non-recoverable
				  slopes, and roadside geometry and as applied through procedures defined in the
Roadside Design Guide
published by AASHTO and, further
				  guidance as provided in MaineDOT Engineering Instructions and revisions
				  thereto.
Commissioner
- The Commissioner of
				  MaineDOT.
Communication Lines
- The conductors and their
				  supporting or containing structures that are used for public or private signal
				  or communications service which operate at potentials not exceeding 400 V to
				  ground or 750 V between any two points of the circuit, transmitted power of
				  which does not exceed 150 W. When the conductors are operating at less than a
				  nominal voltage of 90 V, no limit is placed on the transmitted power of the
				  system. Under specified conditions, communication cables may include
				  communication circuits exceeding the preceding limitation when such circuits
				  are also used to supply power solely to communications equipment.
Note:
				  Telephone, telegraph, Railroad signal, data, clock, fire and police alarm,
				  cable television and other systems conforming with the above are included.
				  Lines used for signaling purposes, but not included under the above definition,
				  are considered as (electric) supply lines of the same voltage and are to be so
				  installed.
[NESC]
Compact Area
- An area in which a Municipality
				  has the responsibility for maintenance of state and state-aid roads. Factors
				  that define a Compact area are specified in
				  23 MRS
				  §754. A current list of Municipalities
				  having Compact Areas is available on the MaineDOT Utilities Website.
Conduit
- A structure containing one or more
				  Ducts. [NESC]
Construction Season
- The portion of any
				  calendar year in which most Utility or Highway construction occurs (typically
				  April through November).
Controlled Access
- A type of Right-of-Way where
				  all rights of access have been acquired from the abutting property owners.
				  MaineDOT has the full power and authority to lay out, establish, acquire, open,
				  construct, improve, maintain, discontinue and regulate the use of all Highways
				  so designated. [23 MRS Chapter 7]
Coordination Meeting
- A meeting that is held to
				  discuss project specifics and concerns with the representatives of Authorized
				  Entities having proposed or existing Facilities in the General Area of a
				  Proposed Installation or a Highway construction project.
Cover
- Depth of material between the top of a
				  Facility or Appurtenance and the finished grade of the Highway.
Curb
- A raised strip of bituminous, concrete or
				  granite that is located at the Edge of Shoulder for surface drainage.
Day(s)
- Calendar days. Each day shown on the
				  calendar including Saturdays, Sundays and holidays.
Department
- The State of Maine Department of
				  Transportation.
Direct Burial
- Installing a Facility
				  underground without Conduit, Duct, Sleeve or any type of Encasement.
Duct
- A single enclosed raceway for conductors
				  or cable. [NESC]
Edge of Pavement
- (EP) - The outside edge of
				  the paved portion of the Highway constructed and surfaced for normal travel,
				  including any surfaced Shoulders but excluding sidewalks.
Ref. Appendix
				  - Typical Cross Section Elements
Edge of Shoulder
- (ES) - The outside edge of
				  the Shoulder not adjacent to the Traveled Way. This term may be used whenever a
				  Shoulder exists, regardless of whether or not the Shoulder is surfaced with hot
				  bituminous pavement.
Ref. Appendix - Typical Cross Section
				  Elements
Edge of Traveled Way
- (ETW) - The outer edge of
				  the outmost lane intended for vehicular traffic and exclusive of shoulders and
				  some turning lanes which will be evaluated individually. The ETW is often
				  indicated by a solid white edge line that exists between the Traveled Way and
				  the Shoulder. In the absence of a painted edge line, the Traveled Way width is
				  assumed as 12 feet from centerline for all Corridor Priority 1 highways or 11
				  feet from centerline for Corridor Priorities 2 through 6, unless otherwise
				  directed by MaineDOT.
Ref. Appendix - Typical Cross Section
				  Elements
Electric Supply Lines
- Those wires, conductors,
				  and cables used to transmit electric energy and its necessary supporting or
				  containing structures, equipment, and apparatus used to provide public or
				  private electric supply [NESC]. For the purposes of these rules, the term
				  Electric Supply Lines includes transmission, distribution and Service
				  lines.
Encasement
- Structural element surrounding a
				  Facility (Ref. "Casing").
Excavation -
Any operation involving the
				  intentional displacement of earth, rock, or pavement surface within the limits
				  of the Highway.
Facility -
"Facilities" means:
A) If under the surface of the Public Way, pipes, cables and
				  Conduits; and B) If on or over the surface of the Public Way, poles, hydrants,
				  cables, wires and any plant or equipment. [
				  35-AMRS §2502 ]
				  For the purposes of these rules, "Facility" shall also include wireless
				  components and all components of a system not covered by the definition of
				  Appurtenance.
Federal-Aid Highway Projects
- As defined in the
				  most current version of 23 CFR 645.
Financial Assurance
- A Surety Bond, Letter of
				  Credit or Escrow Account that is set up in the amount of the estimated Impact
				  Value to provide MaineDOT with a mechanism to ensure that reparations to the
				  Highway are completed in an appropriate manner. Financial Assurances are held
				  for one year after the completion of work to ensure that no unforeseen
				  settlement or other Pavement Structure distress occurs.
Flow Area
- The strip of land that includes the
				  full width of a ditch line, plus the bottom 2 feet of both the In slope and
				  Backslope. For example, a flat bottom ditch with a width of 2 feet results in a
				  Flow Area width of 6 feet. Since a standard "V" ditch has no width, the Flow
				  Area has a total width of 4 feet.
Ref. Appendix - Typical Cross Section
				  Elements
Freeway
- The highest type of arterial Highway
				  with full Controlled Access. Essential Freeway elements include: Medians, grade
				  separations at cross streets, ramp connections for entrance to and exit from
				  the Traveled Way, and, in some cases, frontage roads [AASHTO, A policy on
				  Geometric Design of Highways and Streets]. Examples of Freeways in Maine
				  include the Interstate system and the portion of Route 1 between Brunswick and
				  Bath.
General Location
- The location along a Highway
				  to be occupied or crossed by a Proposed Installation. Descriptions of a General
				  Location must include a distance from the center of an appropriate Reference
				  Point to the beginning or end of the Proposed Installation, reference to the
				  county and Municipality in which the Proposed Installation will be installed
				  and the relevant Highway name(s) and route number(s) (as applicable).
Hazardous Transmittant
- A substance or material
				  which has been determined by the Federal Secretary of Transportation to be
				  capable of posing an unreasonable risk to health, safety, and property when
				  transported in commerce, and which has been so designated. [ 49 CFR 121.8
				  ].
Highway
- A Public Way including all of the
				  Right-of-Way that may have been laid out by the State, county or town. [
				  23 MRS
				  §2(2) ]
Ref.
				  Appendix - Typical Cross Section Elements
;
Syn: street,
				  road
Highway Corridor Priority (HCP)
- A highway
				  classification system used by MaineDOT to classify all roadways in the state.
				  The classification system has designations for Corridor Priorities 1 through 6,
				  with Priority 1 corridors being the most critical.
Highway Opening Permit
- A permit that
				  authorizes making any underground installation as provided in chapter 23 (Title
				  35-A MRS) and Title 23, sections 54 and 3351 to 3359. [
				  35-A MRS
				  §2503(14) ]
Highway Structure -
A general term referring to
				  any part of the Highway that has been designed and constructed with structural
				  considerations to serve a specific highway purpose. Included under this term
				  are Bridges, retaining walls, major drainage structures (not including standard
				  catch basins or culverts), street light poles, traffic signal poles, traffic
				  strain poles, traffic signal mast arms, overhead sign trusses, and other
				  similar structures.
Impact Value -
An estimated value that provides
				  a consistent basis for quantifying the extent and type of impact associated
				  with a proposed Excavation within the limits of the Highway. This serves as a
				  basis for calculating fees and for determining when an escrow, bond or letter
				  of credit may become necessary.
Inslope
- The graded slope between the Edge of
				  Shoulder and the centerline of an adjacent ditch or the bottom of the slope.
Ref. Appendix - Typical Cross Section Elements
Interstate
- A Highway on the National System of
				  Interstate and Defense Highways having Freeway characteristics.
Licensing Authority
- "Licensing Authority"
				  means:
A) MaineDOT when the Public Way is a state, or state-aid
				  Highway, except for state or state-aid Highways in the Compact Areas of urban
				  compact municipalities as defined in Title 23, section 754; B) The municipal
				  officers or their designees, when the Public Way is a city street or town way
				  or a state or state-aid Highway in the compact areas of urban compact
				  municipalities as defined in Title 23, section 754; and C) The county
				  commissioners, for all other Public Ways. [
				  35-A MRS
				  §2502(1) ] MaineDOT is
				  the Licensing Authority for Bridges and Controlled Access Highways, including
				  those within Compact Areas, because of MaineDOT's maintenance responsibility
				  for these assets.
Light Capital Paving -
A thin pavement overlay
				  with minor shim in areas. This level of paving treatment is intended to be a
				  holding action.
Location Permit
- A permit that sets conditions
				  for and authorizes the location of an Authorized Entity's Facility within the
				  Right-of-Way limits in accordance with 35-A MRS Chapter 25.
Median
- The portion of a divided Highway
				  separating the traveled ways for traffic in opposite directions.
MaineDOT
- The State of Maine Department of
				  Transportation.
MaineDOT Project
- Any capital improvement of a
				  transportation facility administered by or funded through the Maine Department
				  of Transportation. This does not include maintenance activities.
Monopole Installations
- Monopole Installations
				  include any Microcell, Transport Facilities, Small Cell, and Distributed
				  Antenna System technologies installed on Utility Pole Structures or
				  self-supporting towers greater than 50 feet in height. Taller monopole
				  installations ranging in height between 75 and 120 feet are typically
				  constructed on large diameter concrete foundations.
Multiple Pole Lines
- Two or more sets of
				  Utility poles located along a Highway for the conveyance of transmission or
				  distribution wires or cables, not including service lines.
Municipality
- A city or town. [
				  30-A MRS
				  §2001(8) ]
National Highway System
- Interconnected urban
				  and rural principal arterials and highways (including toll facilities) that
				  serve major population centers, international border crossings, ports,
				  airports, public transportation facilities, other intermodal transportation
				  facilities and other major travel destinations. These arterials and highways
				  must meet national defense requirements; and serve interstate and interregional
				  travel. All routes on the Interstate System are a part of the National Highway
				  System [ 23 CFR 470 ]. The NHS Highways in the State of Maine are currently
				  shown on the Map Viewer that is available on the MaineDOT website.
National Standards
- Any standards that have
				  been developed and adopted to apply throughout the United States to
				  specifically address Facilities of a defined type. Specific examples include
				  the USDOT Pipeline Safety Regulations and the NESC.
Out-of-Service
Facility
- A Facility or
				  Appurtenance that is disconnected from the system and not intended to be used
				  in the future by the operating Authorized Entity. Such Facilities may also be
				  considered "abandoned" by the MPUC.
Pavement Overlay
- A MaineDOT Project with a
				  scope consisting of placing new pavement over an existing paved highway surface
				  without realignment of any part of the centerline or additional widening. A
				  "mill and fill" pavement overlay is similar but begins with a grinding
				  operation to remove the old pavement surface before new pavement is
				  placed.
Pavement Structure
- The portion of the Highway
				  specifically designed or designated to support vehicular travel including the
				  full width of Traveled Way, the full width of adjacent Shoulders, and the area
				  beyond the Edge of Shoulder to the limits of Subgrade.
Ref. Appendix -
				  Typical Cross Section Elements
Preliminary Engineering
- The locating, making
				  of surveys, soil and foundation investigations, and the preparation of plans,
				  specifications and estimates in advance of construction operations.
Private Entity
- A private organization or
				  individual, other than a Utility, that owns, operates, controls and maintains
				  Facilities for its own use.
Private Facility Exception License
- A license
				  from MaineDOT (formerly called a Letter of No Objection) that acknowledges a
				  private Facility within the Highway limits and states that MaineDOT currently
				  has no objection to the Facility being so located. There are no continuous
				  rights conveyed with this license, and MaineDOT may require modification,
				  relocation or complete removal of the private Facility and Appurtenances at any
				  time. The private Facility owner bears all costs and risks relating to the
				  Facility and Appurtenances and is liable for any damage the Facility or
				  Appurtenances may cause.
Project Manager -
The Department's duly
				  authorized representative for overall coordination of a project.
Proposed Installation
- Facilities proposed to
				  be constructed within a Highway, including future replacements, additions and
				  associated services planned within the next five years to the extent that they
				  are known by the applicant at the time of application.
Public Way
- Any road capable of carrying motor
				  vehicles, including, but not limited to, any state Highway, municipal road,
				  county road, unincorporated territory road or other road dedicated to the
				  public. [
				  23 MRS
				  §1903(11) ]
Railroad
- "Railroad" includes every commercial,
				  interurban and other railway and each and every branch and extension thereof by
				  whatsoever power operated, together with all tracks, bridges, trestles,
				  rights-of-way, subways, tunnels, stations, depots, union depots, ferries,
				  yards, grounds, terminals, terminal facilities, structures and equipment and
				  all other real estate, fixtures and personal property of every kind used in
				  connection therewith, owned, controlled, operated or managed for public use in
				  the transportation of persons or property. [
				  23 MRS
				  §5001(1) ]
Railroad Company
- Every corporation or person,
				  their lessees, trustees, receivers or trustees appointed by any court owning,
				  controlling, operating or managing any railroad for compensation within this
				  State. [
				  23 MRS
				  §5001(2) ]
Recovery Area
- The unobstructed portion of the
				  Highway beyond the Edge of Traveled Way that is preserved to provide drivers of
				  errant vehicles a reasonable opportunity to stop safely or otherwise regain
				  control.
Reference Point
- A point on the face of the
				  earth that is easily identified on most street maps and on the ground or a
				  point defined from MaineDOT's inventory of roads, Bridge or node numbers.
				  Acceptable examples of these include town lines, major intersections, major
				  stream crossings, Railroad crossings, or Bridges.
Region
- One of the five MaineDOT Maintenance
				  Regions with authority to implement and enforce these rules. A map of the
				  current Region areas is available on the MaineDOT Utilities Website.
Region Engineer
- The MaineDOT engineer assigned
				  to one of the five MaineDOT Maintenance Regions with authority to implement and
				  enforce these rules.
Resident -
The Department's on-site
				  representative.
Right-of-Way
- (R/W) - Real property or interests
				  therein, acquired, dedicated or reserved for the construction, operation and
				  maintenance of a transportation facility and other related facilities.
Scenic Byway
- A Highway having special scenic,
				  historic, recreational, cultural, archeological, and/or natural qualities that
				  have been recognized as such through legislation or some other official
				  declaration. The terms State Scenic Byway, National Scenic Byway, or
				  All-American Road are designations included under this general term. [FHWA
				  Docket No. 95-15 &
				  23 M.R.S.
				  §4206(G) ]
Service
- A Facility that connects a single
				  customer to a Utility distribution system or network.
Shoulder
- That portion of the Highway
				  contiguous with and adjacent to the traveled way that provides lateral support
				  to base and surface courses and can support vehicles.
Ref. Appendix -
				  Typical Cross Section Elements
Sleeve
- A larger pipe enclosing a Facility.
				  Also see "Casing".
Special Materials
- A general term referring to
				  any materials that have been designed specifically to treat special or unique
				  conditions of the Highway. Included under this term are geotextiles, geofoams,
				  lightweight fills, tire chips and other similar materials. This term is not
				  intended to apply to any structures covered under the terms "Highway Structure"
				  or "Pavement Structure".
Specific Location Plan
- A plan that indicates
				  the location of Facilities and significant Appurtenances (such as manholes,
				  vaults, and guys) along a Highway. The plan may or may not be drawn to scale,
				  but must provide dimensions to accurately identify the location of a Proposed
				  Installation. Longitudinal distances are provided between control points,
				  bends, manholes, poles, and other similar features. Horizontal offset distances
				  are provided from the centerline of the Traveled Way, nearest Edge of Traveled
				  Way, nearest Edge of Shoulder, face of Curb, or other well defined, applicable
				  reference points. Offsets are measured from the centerline of underground
				  installations or to the Traveled Way side of aboveground installations. The
				  Edge of Traveled Way, Right-of-Way lines (assumed or otherwise), and other
				  pertinent Highway features shall also be indicated on this plan.
Subgrade
- The graded portion of a Highway upon
				  which the Pavement Structure is constructed to support vehicular travel.
				  Subgrade exists as a plane located parallel to and at a specified depth below
				  the surface of the Traveled Way. This plane extends horizontally, at the same
				  cross-slope as the Traveled Way, to the intersection with the Inslope or the
				  centerline of ditch, whichever is closer to the Traveled Way centerline. Where
				  no ditch is present, the horizontal limit of Subgrade is one foot beyond the
				  Edge of Shoulder or face of Curb. The depth of Subgrade from the centerline of
				  the Traveled Way surface is based upon the design of the Pavement Structure. On
				  Highways that lack a defined Subgrade or have a Subgrade of less than 12 inches
				  below the bottom of the pavement layer, a minimum depth of 12 inches below the
				  pavement layer will be used.
Ref. Appendix - Typical Cross Section
				  Elements
Traffic Control Plan (TCP)
- A plan, prepared in
				  accordance with the MUTCD, which indicates the type and placement of traffic
				  control devices to be used around and within work areas on Public Ways. This
				  plan shall meet the requirements of MaineDOT Standard Specification 652.3.3,
				  Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control
				  Plan may be designed and stamped by a Professional Engineer registered in the
				  State of Maine, provided all other requirements of MaineDOT Standard
				  Specification 652.3.3 are met. This plan must be based on actual site
				  conditions and must clearly indicate the type, location and number of signs,
				  the use of message or arrow boards, the use of police officers or flaggers, and
				  any other information relating to maintaining the safe and efficient flow of
				  traffic as required in MaineDOT Standard Specification 652.3.3.
Traveled Way (TW)
- That portion of a Highway
				  designated for the use of vehicular traffic excluding any Shoulders, sidewalks
				  or parking spaces.
Ref. Appendix - Typical Cross Section
				  Elements
Trenchless Installation Methods
- Any process
				  through which a pipe, Casing or other Facility is installed underground without
				  using an open cut. This term includes: tunneling, pipe jacking, microtunneling,
				  pipe bursting, directional drilling, auger boring, guided boring, and pipe
				  ramming.
Utilities Website
- The website maintained by
				  MaineDOT for the purpose of providing current data to Utilities.
Utility
- For purposes of these rules, Utility
				  consists of:
1. Public utilities that are regulated by the Maine Public
				  Utilities Commission.
2. Such other entities authorized to locate their facilities
				  in, upon, along, over, across or under the public ways of this State by Chapter
				  23 of Title 35-A of the Maine Revised Statutes, if such entities are providing
				  services to the general public or to regulated Public Utilities.
These entities consist of every public or private entity that
				  operates telephones or transmits television signals; that owns, controls,
				  operates or manages any pipeline within or through this State for the
				  transportation as a common carrier for hire of oil, gas, gasoline, petroleum or
				  any other liquids or gases; that makes, generates, sells, distributes and
				  supplies gas or electricity; every water or sewer company, district or system
				  owned or operated by a public or private entity; every municipally owned or
				  operated fire alarm, police alarm or street lighting circuit or system; every
				  cooperative organized under chapter 35 (Title 35-A MRS); the University of
				  Maine System, for purposes described in
				  35-A
				  MRS §2301-A; and any other public or
				  private entity engaged in telecommunications or the transmission of heat, or
				  electricity. [
				  35-A MRS §2501
				  ].
Utility Coordinator
- The MaineDOT person
				  responsible for coordinating Authorized Entity Facility locations or
				  relocations.
Utility Pole -
A single wooden pole that has a
				  diameter no greater than 18", and a circumference no greater than 56 ½",
				  at the installed ground level. When the generic term "pole" is used, Utility
				  Poles shall be included.
Utility Pole Structure -
Other pole structures
of any size
constructed of steel, concrete,
				  laminated wood, composites, or other materials, and any wooden poles with
				  diameter and circumference greater than 18" and 56½", respectively, used
				  to carry or support facilities that do not fit within the definition of a
				  Utility Pole. When the generic term "pole" is used, Utility Pole Structures
				  shall be included.
Vent
- An Appurtenance to discharge gaseous
				  emissions from a Casing.
Wireless Technology Facilities -
Wireless
				  Technology Facilities include, but are not limited to, a number of various
				  wireless broadband transmission methods, such as, Microcell, Transport
				  Facilities, Small Cell, and Distributed Antenna Systems, as well as any
				  attendant support facilities such as fiber cable and electric
				  power.