17-229-208 Me. Code R. § 8

Current through 2024-46, November 13, 2024
Section 229-208-8 - Veterans Memorials and Cemeteries'

Veteran Cemeteries, Fire-fighter, Police officer and Veteran's Memorials that are maintained and funded by State or Federal agencies may be included on supplemental guide signs.

Table I

Traffic Generators That Do Not Warrant Signing

Businesses **

Schools

TV/Radio Stations

Grade/High

Theaters

Vocational/Trade

Motels/Hotels/Inns*

Seminaries

Trailer Parks*

Private

Industrial Parks & Plants Shopping Center

Cemeteries

Historical**

Local or State

Homes and Buildings

Private/Public

Privately Owned Facilities

Communities

Medical**

Local Civic Centers

Mental Facilities

Libraries

Research Facilities

Churches

Subdivisions

Sanitariums

Infirmaries or Treatment Centers

Governmental

Veterans Facilities

Research/Experimental

County, Fraternal, or Nursing Homes

County and City Facilities

Retirement Facilities

Courthouses

Humane Facilities

Driver's License Centers

Emergency Medical Services*

Highway Buildings

Jails/Prisons

Military

Civil Defense Facilities

Armories

Maintenance Facilities

Arsenals

Power Plants

Sites or detachments

Recreational/Conservational**

Country Clubs and Golf Courses

Points of Interest

Camps: Scout, Church, 4H, Youth and YMCA/YWCA

Tree Nurseries/Arboretums

Fish Hatcheries, Game Farms, Preserves and Refuges

* Items may be included on Generic Motorist Service Signs(GAS-FOOD-LODGING-HOSPITAL-CAMPING)

** Items may be included on Specific Service Signs(attractions-Logo signs) consistent with the MTA Policy

Table II

Guideline Criteria for Signing Traffic Generators

(All criteria must be met to qualify for consideration of a sign)

Type of Generator

Specific Criteria

Minimum Number

Major Recreational Area

Distance from Interchange

100 Miles

Local

Regional

Colleges & Universities

Total Enrollment Full & Part Time Students

(attending classes on site)

300

1,000

Distance from Interchange

15 miles

Unlimited

Military Bases

No. of Employees & Permanently Assigned Military Personnel

2,000

Distance from Interchange

10 miles

Statesponsored Veteran's Memorials and Veteran's Cemeteries

Distance from Interchange

20 miles

Federal and State Parks

Local

Regional

Annual Attendance

25,000

75,000

Distance from Interchange

10 Miles

120 Miles

TABLE III: Recreational activities and attractions

Antiquing - Antiquing is a particular form of shopping wherein the shopper is in search of works of art, pieces of furniture, decorative objects or the like that are old and often valuable. For a location to be considered an antiquing destination, it must have three or more antique dealers registered with the Maine Antique Dealers Association (MADA) and a store at that location.

Beaches - Must be open to public, allow swimming for all ages, have adequate public parking, provide public sanitary facilities (restrooms) on or adjacent to beach, and lifeguard on duty during peak season (July & August).1

Bed & Breakfasts/Cottage rentals/Romantic Getaways/Spa Resorts - Must be available 7 days a week, be licensed by applicable state or local agency, provide adequate sleeping accommodations, provide modern sanitary facilities and have adequate off-street parking for customers.

Botanical Gardens and Landscapes- significant areas of man-made gardens and landscapes built and maintained for public viewing , must be open to the public at least 3 continuous months of the year, and have adequate parking and sanitary facilities.

Camping/Campgrounds/Sporting camp rentals/summer camp rentals - Must be open at least 3 months of the year, be licensed by applicable state or local agency, provide sanitary facilities and potable water, and have adequate parking for customers.

Cultural sites including Museums/Theaters - Locations such as museums and theaters that are primarily concerned with the areas of art, architecture, historical and religionand that shape or define a peoples' regional or ethnic identity. Must be open to the public at least 3 continuous months of the year, and have adequate parking and sanitary facilities.

Fairgrounds/Fairs - An outdoor area that must hold an agricultural fair annually in this location, and must have adequate parking and sanitary facilities for its visitors.

Forts & State/National Historic Sites- Forts are a defensive location characterized by man-made fortifications such as block houses, walls, caponiers, ramparts and casemates and which was originally designed to house troops or a gun battery for the purpose of protecting an area of perceived strategic importance. State/National Historic Sitesare protected areas of national or state historical significance that are owned and staffed by either the state or federal government.

Golf Courses- Minimum 18 hole course open to the public 7 days per week during May to October

Guided trips (registered Maine guide)- guided wilderness trips offered for a fee by Registered Maine Guide, including hunting, fishing, trail, snow or water related, or other professional Maine guide services

River/Lake/Ocean access with Canoeing/Kayaking/Fishing/Boating/Sailing- must have adequate public parking and boat landing area to accommodate customers.2

Scenic Byways - Scenic Byways shall be defined as those roadways identified by the Maine DOT as Maine Scenic Byways, National Scenic Byways or All American Roads as listed below:

Blackwoods (Route 182, Major Collector)

Fish River (Route 11, Major Collector)

Grafton Notch (Route 26, Major Collector)

Katahdin Woods & Waters (formerly Grindstone, Routes 11, 157, 159 - Minor Arterial/Minor Collector /Major Collector)

Million Dollar View (Route 1, Major Collector)

Moosehead Lake (formerly Seboomook, Route 6/15 -Minor Arterial/Major Collector)

Pequawket Trail (Route 5/113, Major Collector)

Saint John Valley(Route 1, 161, Minor Arterial/Major Collector)

State Route 27( Route 27,Major Collector)

The Bold Coast( Routes 1, 187, 191, 189, 190 - Minor Arterial/Major Collectors)

Old Canada Road (Route 201, Principal Arterial)

Rangeley Lakes( Routes 4/7, Minor Arterial/Major Collector)

Schoodic( Routes 1, 186, Major Collector/Local Road)

Acadia All-American Road. (Route 3, Minor Arterial/Major Collector)

Sightseeing including Lighthouses, natural phenomenon, memorials or chartered whale watching. Natural Phenomonon includes features created by nature such as desert, waterfalls, mountains, and wilderness areas. Memorials includes Veterans, Fire Fighter and Police officer memorials funded and maintained by state or federal resources. Whale watching is the recreational practice of observing whales and other cetaceans in their natural habitat from floating crafts for a fee, including sailboats, out-of-use fish or whaling boats and custom-built water crafts.

Skiing/Snowboarding/Snowshoeing- facilities and area that offer downhill skiing, snowboarding as well as cross country skiing and snowshoeing.3

Snowmobiling -including areas with significant mileage of maintained and marked trails

State and National Parks or Forests and/or Preserved Public Land -where Day Hiking, Backpacking, Mountain Biking or Rock Climbing may occur. Must be open to the public in minimum 3 consecutive months of the year, and have adequate parking and sanitary facilities. A federal park means a property designated as a National Park and is included in the National Park System. A State Park means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the state, managed primarily for public recreation or conservation purposes.4

Water/Amusement Parks - Must be open to the public 3 consecutive months of the year, have adequate parking and sanitary facilities for its customers.

Whitewater rafting-River locations with public access to over 10 miles of whitewater used for recreational use by human-powered inflatable rafts.

Zoos/Animal Parks/Aquariums/Sanctuary/Wildlife Refuge - Must be open to the public 3 consecutive months of the year, have adequate parking and sanitary facilities.

Reconsideration

Any interested person may request reconsideration by the Department within 14 days after notice of the Department's findings regarding a sign request. This request must set forth in detail, the findings and conclusions of the Department to which the person objects, the basis of those objections and the nature of the relief requested. Upon receipt of the request, the department may schedule and hold a hearing limited to the matters set forth on the request. The department shall issue and write an opinion responding to the request whether or not a hearing is held. The response shall set out the Department's reasons for either maintaining or modifying its findings.

The running of the time for appeal pursuant to the Administrative Procedure Act is terminated by a timely request for reconsideration filed under this section. The full time for appeal commences and is computed from the date of the final Department action addressing the request for reconsideration. The filing of a request for reconsideration, however, is not an administrative or judicial prerequisite for the filing of an appeal.

Appeals

A final decision, whether subject to reconsideration or not, may be appealed as a final agency action.

1 Beaches and Lake access may qualify for their own supplemental guides signs as well.

2 Beaches and Lake access may qualify for their own supplemental guides signs as well.

3 Major Ski areas may also qualify for their own supplemental guide sign.

4 State and National Parks may also qualify for their own Supplemental Guide signs.

17-229 C.M.R. ch. 208, § 8