LD 1452
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Page 1 of 2 PUBLIC Law Chapter 363 LD 1452 Title Page
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LR 1887
Item 1

 
Sec. 4. 23 MRSA §704-A, sub-§2, ¶D, as enacted by PL 1999, c. 468, §2,
is repealed and the following enacted in its place:

 
D.__If a project is located in an area designated as a
growth area in a local growth management plan that has been
found by the State to be consistent with the growth
management program in Title 30-A, chapter 187 and the
project does not have an entrance or exit located on a high-
speed rural arterial highway and the applicant for a traffic
movement permit implements traffic demand management
techniques recommended by the department, then the required
improvements are limited:

 
(1)__To those necessary to mitigate the impact of the
project provided all safety standards are met, even if
part or all of the traffic impact occurs outside the
boundaries of the growth area; and

 
(2)__To the entrances and exits of the project, if the
project reuses previously developed land area and
buildings with no more than a 10% increase in building
footprint regardless of the extent of vertical
development.

 
Sec. 5. 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. 6. 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 for which the applicant is required to
obtain a driveway or entrance or traffic movement permit
under Title 23, section 704 or 704-A until the applicant has
obtained that permit from the Department of Transportation.

 
Sec. 7. 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 the Maine Revised Statutes, Title 5, chapter 375, subchapter
2-A.


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