17-229-299 Me. Code R. § A-1
Current through 2024-51, December 18, 2024
1.1 Definitions
For the purposes of this rule, the following definitions will apply. If not defined below, the definitions contained in companion rules, Part B, Entrances Rules, as well as in 17-229 Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits, will apply. If not defined in these rules, words, terms and phrases will have their commonly accepted meaning.
Access. A public or private point of entry or exit from land adjacent to a public highway used by motor vehicles as defined in Title 29-A MRSA ,Chapter 1, Section 101. The specific point may be described as an entrance or a driveway depending upon the land use and volume of traffic generated by that use. An access may be a driveway or an entrance depending upon the type of land use and volume of traffic generated by that use. Access Point. The intersection of an existing or proposed access with the public right of way. Alteration. A significant physical change to an access existing on or after the effective date of these rules, including significant changes to location, width, cross-section, grade, or drainage characteristics of the access. Paving a gravel access will not be considered an "alteration" unless accompanied by other such changes. Applicant. The person applying for the permit. Normally, this will be the owner of the property but can be another party provided that person (or organization) has been granted permission from the property owner to act on their behalf. Arterial. A highway providing long-distance connections as approved by the Federal Highway Administration pursuant to 23 Code of Federal Regulations, Section 470.105(b)(1999) and as so designated by MDOT. Change in Use. A change in activity occurring on the property accessed by the driveway that will result in (a) an intermittent or seasonal use becoming permanent or year round, or (b) an increase in daily traffic, or (c) a "significant drainage risk" as described in section 2.1(E)(3). Examples include changes in use (a) from farming or forestry to a single-family dwelling (b) from a single-family dwelling to a residential subdivision or multi-unit building(s) with six or more units, and (c) from residential use to commercial use; (d) an office expansion adding employee, patron or service capacity is a change in use when the daily traffic increases from under 50 trips per day to more than 50 trips per day. A change in ownership alone is not a change in use. An increase in activity from under 50 trips per day to over 50 trips per day is always considered a change in use. A change from seasonal residential to year-round residential is not considered a change of use under this definition. A more complete list of examples is listed in Appendix H. Corner Clearance. The minimum distance, measured parallel to a highway, between the nearest curb, pavement or shoulder line of an intersecting public way and the nearest edge of a driveway excluding its radii. Driveway. A type of access that serves one of the following land uses: residential (up to five dwelling units); home-based occupations; forest management activities; farming; low impact industrial (e.g. substations), unless MaineDOT demonstrates, in accordance with the latest edition of the ITE Trip Generation Manual, published by the Institute of Traffic Engineers-that the use generates 50 or more vehicle trips per day.(see "ENTRANCE"). Driveways may consist of surface material such as mineral soil, gravel, asphalt or other natural or man-made material constructed or created by repeated passage of on-road vehicles. Effective date of rules. Minor Technical aspects of this rule became effective on April 5, 2002 and Major Substantive aspects became effective on May 25, 2002. Entrance. A type of access that serves one of the following land uses: residential (serving six or more dwelling units); housing developments; retail, office, or service business including department store, strip mall, convenience store, gas station, auto repair shop, restaurant, or similar use unless the applicant demonstrates to the satisfaction of MaineDOT, in accordance with the latest edition of the ITE Trip Generation Manual, published by the Institute of Transportation Engineers that the use generates less than 50 vehicle trips per day. Rules for Entrances are contained in Part B. Forest Management Activities. Activities consisting of timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, timber-stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar or associated activities.Forest Management Road. A route or track consisting of a bed of exposed mineral soil, gravel or other surfacing material constructed for or created by the repeated passage of motorized vehicles and used primarily for forest management activities, including associated log yard and winter haul roads. Larger vehicle. A vehicle that has a larger length, width or turning radius and/or lesser acceleration capability than standard passenger vehicles or small trucks. Larger vehicles include busses, commercial trucks, and recreational vehicles. Lot(s) of Record. A lot or lots for which the deed was legally recorded on or before the effective date of this rule or which was created by a plan legally recorded in the County Registry of Deeds on or before the effective date of this rule. MaineDOT, MDOT or the Department. The Maine Department of Transportation. Mobility Arterial or Mobility Arterial Corridor. A Non-Compact Arterial that (1) has a posted speed limit of 40 mph or more and is part of an arterial corridor located between Urban Compact Areas or Service Centers that carries an average annual daily traffic of at least 5,000 vehicles per day for at least 50% of its length or (2) is part of a Retrograde Arterial Corridor located between Mobility Arterials described in (1). Mobility Arterials are listed in Appendix C.Mobility Sight Distance. The sight distance required to allow a vehicle entering the highway to reach 85 % of the posted speed without being overtaken by a vehicle traveling at the posted speed and approaching the entering vehicle from behind.Non-Compact Arterial. An Arterial that lies outside Urban Compact Areas of Urban Compact Communities.Permit by Rule. A simplified procedure for forest management and farmingactivities by which the applicant may obtain a permit for maintenance or construction of a driveway necessary for the duration of the operation or activity. Posted Speed. The speed limit set and maintained by MaineDOT, or limited by statute as defined in Title 29A, MRSA, Chapter 19, Section 2024. Retrograde Arterial or Retrograde Arterial Corridor. A Mobility Arterial where the access related crash-per-mile rate exceeds the 1999 statewide average for Arterials of the same-posted speed limit. Retrograde Arterials are listed in Appendix C. Service Center. Communities that serve the surrounding region, drawing workers, shoppers and others into the community for jobs and services. A list of Urban Compact and Service Center Communities is attached as Appendix D. Sight Distance. The length of unobstructed sight line of motor vehicle drivers in normal daylight conditions. Sight distance is measured from the perspective of a hypothetical person seated in a vehicle from three vantage points: (1) sitting in the access viewing vehicles traveling on the highway (both left and right), (2) traveling on the highway viewing a vehicle sitting in an access and (3) traveling on the highway viewing a vehicle turning into the access(both ahead and behind). In case of discrepancy between these measurements, the lesser measurement will be used to determine whether the sight distance standard is met. Sight distance is measured to and from the point on the centerline of the proposed access that is located 10 feet from the edge of traveled way. The height of the hypothetical person's view is considered to be 31/2 feet above the pavement and the height of the object being viewed is considered to be 41/4 feet above the pavement. State or State Aid Highways. Highways designated by MaineDOT as a State or State Aid Highway pursuant to 23 MR.S.A. §53. State and State Aid Highways are listed in Appendix C. Urban Compact Areas. Areas defined and established pursuant to 23 MR.S.A. §754 as of the effective date of this rule. A list of Urban Compact and Service Center Communities is attached as Appendix D. Vehicle trip. Moving from an origination point to a destination point, one-way. It is not a round trip.1.2 Purpose and Authority
The purpose of the driveway rules is to manage access to the highway in a manner that protects the safety of access and highway users, protects the highway system from the negative impacts of drainage, preserves mobility and economic productivity related to highway transportation, and avoids the long term cost of constructing new highway capacity. This rule is authorized by 23 M.R.S.A. §52 and § 704.
1.3 Applicability
17-229 C.M.R. ch. 299, § A-1