Code of Maine Rules › 17 - DEPARTMENT OF TRANSPORTATION › 229 - DEPARTMENT OF TRANSPORTATION - GENERAL › Chapter 220 - RELOCATING UTILITY FACILITIES UNDERGROUND IN FEDERALLY DESIGNATED HISTORIC DISTRICTS ON FEDERAL-AID HIGHWWAYS › Section 229-220-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of this chapter, the following words have
				  the following meanings unless the context indicates otherwise.
1.
Adverse Effect.
An "Adverse
				Effect" means when an undertaking may alter, directly or indirectly, any of the
				characteristics of a historic property that qualify the property for inclusion
				in the National Register in a manner that would diminish the integrity of the
				property's location, design, setting, materials, workmanship, feeling, or
				association. (
				36 CFR
				§800.5 )
2.
Betterment.
"Betterment"
				means any additional feature, upgrade, or change in capacity or character of
				the facility, or an increase in its useful life.
3.
Delivering the Federal Surface
				Transportation Program.
"Delivering the Federal Surface Transportation
				Program" means the entire process by which MaineDOT applies funding received
				from the Federal Highway Administration and other sources to the construction,
				reconstruction, improvement or repair of highways that are part of the National
				Highway System and eligible for Federal aid.
4.
Eligible Project.
"Eligible
				Project" means a project for the construction, reconstruction, improvement or
				repair of a highway on the National Highway System that is eligible for federal
				aid under the FSTP and that has either been identified as a project candidate
				in MaineDOT's mid-term plan (a.k.a., Six-Year Plan) or has received funding
				approval.
5.
Eligible
				reimbursement area.
"Eligible reimbursement area" means an area that is
				within the right-of-way limits of an eligible project and also within the
				limits of a National Register Historic District.
6.
Existing overhead utilities.
"Existing overhead utilities" means lawfully located aboveground facilities
				such as wires, lines, cables or similar devices, and necessary related
				appurtenances, used for or in connection with the transmission of electric
				power or telephone, cable television or communications signals.
7.
Historic site.
"Historic
				site" means any site, structure, district or archaeological site which has been
				officially included on the National Register of Historic Places and/or on the
				Maine Historic Resource Inventory, or which is established by qualified
				testimony or evidence as being of historic significance.
8.
Lawfully located.
"Lawfully
				located" means placed, existing and maintained in compliance with MaineDOT's
				Utility Accommodation Policy Rules, 17-229 CMR chapter 210, and all other
				applicable statutes, Rules and permitting requirements, as determined by
				MaineDOT.
9.
Local entity.
"Local entity" means either an NRHD, a municipality acting on behalf of
				an NRHD or a third party consisting of an NRHD and a municipality.
10.
National Register Historic District
				(NRHD).
"National Register Historic District" means a district that is
				individually listed in the National Register of Historic Places pursuant to the
				National Historic Preservation Act,
				16 United States Code, Section
				470
et seq.
11.
Relocation.
For purposes of
				the rule, "Relocation" means the process by which existing overhead utilities
				are moved from one location within a public highway right-of-way and lawfully
				located at an alternate location underground within the public highway
				right-of-way in connection with an eligible project. "Relocation" does not
				include any action that results in improvements to, or extension of, service,
				or that in any way constitutes a betterment, as determined by
				MaineDOT.
12.
Underground
				relocation.
"Underground relocation" means relocation of existing
				overhead utilities in an eligible reimbursement area to an underground location
				also within that eligible reimbursement area.