17-229-103 Me. Code R. § I-7

Current through 2024-51, December 18, 2024

Section 229-103-I-7 - SIGNIFICANT TRANSPORTATION PROJECTS

A.Introduction

Whether initiated by MaineDOT, MPOs, municipalities or others, all planning for significant transportation projects shall adhere to the requirements of the Sensible Transportation Policy Act (STPA). Before funding a significant transportation project, the STPA requires that the department evaluate the full range of reasonable transportation strategies to address the transportation need. Both STPA and the National Environmental Policy Act (NEPA) require that MaineDOT identify and develop strategies that are context sensitive and minimize adverse affects to environmental quality. In an effort to streamline and integrate the federal and state decision-making processes, MaineDOT will perform the STPA strategy evaluation process in coincident with undertaking the NEPA planning and decision-making process.

Land use and transportation decisions are interdependent. The STPA policies require consideration of land use impacts from transportation investments and consistency with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act. NEPA requires analysis of secondary and cumulative impacts from transportation actions. Before taking any action that adds transportation capacity, the Department and MPO's may consider or recommend potential land use strategies to be adopted by municipalities whose effect would be to preserve corridor capacity, manage corridor mobility, protect public investment in infrastructure and public services, and foster transportation-efficient land uses that combat the public costs of sprawl. Because neither MaineDOT nor the MPOs have land use authority, these agencies shall work in partnership with municipalities to achieve such goals.

This rule is intended to require a corridor planning and development process such that a series of individual transportation improvement projects, when viewed comprehensively, are evaluated in accordance with this section to determine if they increase capacity.In addition, this rule calls for an evaluation of strategies when existing highway features, such as breakdown lanes, auxiliary lanes, and sidewalks are considered for conversion to through lanes.

B.Transportation Strategy Evaluation

When a transportation need or deficiency has been identified through the transportation planning process and that need or deficiency results in a potential significant transportation project, MaineDOT's planning process will evaluate a full range of reasonable transportation strategies before funding the improvement. The strategies to be considered will include:

(1) New facilities and services, including different modes of transportation or combinations of modes that could reasonably meet identified transportation needs. The different modes of transportation that should be included where appropriate under the strategy evaluation include but are not limited to:

(a) Highway and bridge

(b) Passenger and freight air services and facilities

(c) Transit services

(d) Rideshare options

(e) Ferry service or cargo/passenger port improvements

(f) Freight and passenger rail services and facilities

(g) Bicycle facilities

(h) Pedestrians facilities

(i) Intermodal facilities

(j) Tolling

(2) Transportation system management options;

(3) Transportation demand management options;

(4) A no-build option;

(5) Land use management strategies applied by local governments; and

(6) Other reasonable alternatives generated through the public participation process.

Consideration of reasonable transportation and land use strategies should take place on a corridor or statewide basis as opposed to a project by project basis. Information gathered from a regional analysis may be used on multiple projects within the corridor.

The Department need not study or evaluate transportation and land use strategies that have been found to be unacceptable or infeasible along a corridor, providing that no significant changes have occurred affecting the prior analysis. This finding must be based on sufficient objective data, which should include consideration of public acceptability.

The State is not required to study or evaluate transportation or land use strategies along a corridor if the transportation strategies are in place and functioning as determined by MaineDOT, provided sufficient data exists to accurately assess the adequacy of the strategies.

MaineDOT, MPOs, RCs and/or municipalities will engage each other at the earliest possible opportunity in planning for and identification of significant transportation projects. In this way, the best combination of land use and transportation strategies for meeting the policies outlined in Subchapter I, Section 4-B of this rule may be evaluated. This will provide an opportunity for MaineDOT, MPOs, RCs and/or municipalities to address important land use strategies.

C.Planning Meetings and Workshops

In developing the range of reasonable strategies with which to evaluate significant transportation projects, MaineDOT will initiate a public participation process commensurate with the scope of the project. The information provided through the public participation process may include the following:

(1) Outline the transportation deficiency and need in terms of safety, congestion, substandard infrastructure, and land use management or other appropriate measures;

(2) Suggest various strategic solutions to the transportation deficiency or need;

(3) Describe available information concerning projected life-cycle costs and operational costs of the strategies; and

(4) Describe available information concerning the land use, energy, and environmental impacts of the various strategies, including the range of mitigation measures and community enhancement measures which could minimize such impacts.

The public involvement process will:

(1) Solicit public comment on the suggested alternatives; and

(2) Invite ideas from the public.

Where MaineDOT determines appropriate, form an advisory committee with which it would meet regularly as detailed evaluations and recommendations are developed.

D.Land Use Consistency Reports

In developing the range of transportation and land use strategies to evaluate, MaineDOT will determine whether the strategies under consideration are consistent with the Long-Range Land Use Plan and - if there is no plan - whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act. In place of MaineDOT's doing this analysis, MaineDOT may request that the State Planning Office (SPO) and/or the municipality and/or the RC and/or the MPO prepare a report to MaineDOT indicating whether the strategies under consideration are consistent with the local comprehensive plan, or if there is no local plan whether they are consistent with the Long-Range Land Use Plan, or if there is no local plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act.

If a preferred strategy conflicts with a Long-Range Land Use Plan, MaineDOT will make a good faith effort to address the conflict. If the Long-Range Land Use Plan policy recommendations are determined to potentially reduce the transportation benefits of the preferred transportation strategy, MaineDOT may a) request that the host or affected municipalities enact land use management strategies to avoid or minimize activities that could reduce the transportation benefits of the significant transportation project, b) decide the loss of transportation benefits outweighs the cost and not build the project, or c) apply a surcharge to the local cost share to offset the loss of benefits.

Absent a Long-Range Land Use Plan, MaineDOT will consider the project context by evaluating documented and regulated municipal resources of value such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process.

E.Draft Analysis and Public Hearing

After receiving all transportation and land use strategy suggestions, MaineDOT will review the strategies to determine if they adequately address the agreed upon transportation deficiency or need in a safe manner at a reasonable cost with available technology while avoiding, minimizing, or mitigating impacts to regulated resources. The review may also be based on the available life cycle cost and operational cost of each strategy and its potential to reduce vehicle miles or hours traveled. It may also include a planning level review of how each strategy meets the policies of Subchapter I, Section 4-B.

MaineDOT will give preference to those reasonable transportation and land use strategies that best meet the identified transportation purpose and need and the policy objectives set forth in Subchapter I, Section 4-B of this rule.

MaineDOT will notify local officials, RCs and the public of the availability of the draft strategy evaluation and analysis. The draft analysis will be made available for public review at convenient locations. The public will be given a reasonable period of time to comment on the draft analysis. Based on the nature and number of comments received, MaineDOT may hold a public hearing on the draft strategy evaluation and analyses. Public notice shall be provided at least two weeks in advance of such a hearing.

F.Final Analysis

Upon completion of the public participation process, MaineDOT will issue a final strategy analysis, describing its analysis and addressing public comments. Similar comments need not be addressed individually.

G.Non-MaineDOT Initiated Significant Transportation Projects

Most significant transportation projects are initiated through MaineDOT's long-range planning process. This section outlines procedures by which Municipalities, MPOs, RCs and other stakeholders may directly request studies for significant transportation projects. MaineDOT may require that the party(ies) initiating the request provides the following before MaineDOT considers funding the study:

(1) Formal resolution of support from elected State and local officials whose jurisdictions MaineDOT determines would likely be affected by the potential project;

(2) Formal resolution of support from other stakeholders MaineDOT determines would likely be affected by the potential project, such as an adjacent municipality, MPO and/or RC;

(3) Formal acknowledgement and commitment from requestor(s) to partner with MaineDOT as it conducts a thorough planning process, as required by applicable State and Federal Laws, including the evaluation of all reasonable transportation strategies prior to a decision to fund a significant transportation project;

(4) Acknowledgement or commitment through a State and Local Agreement, by municipalities likely impacted by the potential project to address land use impacts, including any necessary land use plan, policy or ordinance, that will help preserve the long term life of any transportation investment that increases existing highway capacity or adds new capacity. MaineDOT, in consultation with the State Planning Office, reserves the right to determine whether the land use plans, policies or ordinances adopted by the affected municipalities will preserve the long term life of such transportation investments;

(5) If needed in MaineDOT's determination, a broader public involvement process such as holding advertised public meeting(s) on the potential project;

(6) A statement from the initiating party or parties that describes (i) the financial commitments it is prepared to make for the payment of costs related to the study, planning and preliminary design of the proposed project, and (ii) the further financial commitments it envisions will be in place for the payment of costs related to final design, permitting, construction and operation of the proposed project; and

(7) An opinion of outside counsel as to the binding nature of any of the undertakings, statements, resolutions or commitments made pursuant to the provisions of this section.

17-229 C.M.R. ch. 103, § I-7