G.__For a project that generates 400 or more passenger car equivalents at peak hour, with entrances or exits located on an arterial highway as defined in section 704, in order to limit unnecessary arterial curb cuts and to provide for street access to undeveloped adjoining property, the applicant shall dedicate for public use at least a 50-foot wide right-of-way to the boundary of adjacent properties unless:

(1)__Following written opportunity for written comments from the municipality, the department determines it is not in the public interest to require access to adjoining land;

(2)__The topography is not suitable for access to adjoining land;

(3)__The project is surrounded by wetlands or other protected natural or cultural resources and no suitable land is available for continuation; or

(4)__The department finds that a narrower right-of- way would accomplish the public interest.

Sec. 6. 23 MRSA §704-A, sub-§10 is enacted to read:

10.__Violation.__A violation of this section or the rules adopted pursuant to this section is punishable by a fine of not more than $100 per day per violation.__The fine begins to accrue 30 days after the Department of Transportation sends notice of the violation to the landowner.__The department shall establish procedures for administrative enforcement of this section, establishing fines and reconsideration and appeals of enforcement actions.

Sec. 7. 30-A MRSA §4103, sub-§3, ¶D is enacted to read:

D.__The licensing authority may not issue a permit for a building or use until the Department of Transportation has provided a permit or documentation indicating that an exit or entrance conforms to Title 23, section 704, if applicable, and section 704-A, if applicable.

Sec. 8. Rulemaking. The Department of Transportation may adopt rules to implement the purposes of this Act. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.