17-229-103 Me. Code R. § II-3

Current through 2024-51, December 18, 2024

Section 229-103-II-3 - SUBSTANTIAL PUBLIC INTEREST PROJECTS

A.General

If MTA determines that a transportation project is not a significant transportation project but involves issues of substantial public interest, MTA will engage a public participation effort tailored to that project.

MTA may request a report from a municipality, RC, or other entity representing the municipality documenting the proposed project's consistency with the local Long-Range Land Use Plan. Absent a Long-Range Land Use Plan, MTA will consider municipal resources of value that have been formally documented 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. MTA 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. MTA will respond to such advice as the project is planned and developed. MTA may require as a condition of building the project that the host municipality or municipalities enact land use management mechanisms to avoid or minimize activities that could reduce the benefit of the transportation project.

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.

MTA, together or in consultation with the applicable MPO, RC and affected municipality, 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 traffic 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 local 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) MTA 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. MTA 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 MTA or its designated municipal or regional representative. MTA 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 the applicable Long-Range Land Use Plan or the goals of the Sensible Transportation Act, MTA shall seek the advice of the municipality or regional entity as to how to avoid, minimize or mitigate the inconsistency or adverse impact. MTA may require as a condition of building the interchange or interchange improvement that the host municipality or municipalities enact land use management mechanisms to avoid or minimize activities that could reduce the transportation benefit of the interchange project.

17-229 C.M.R. ch. 103, § II-3