An Act To Amend Certain Laws Affecting Transportation

Sec. 1. 23 MRSA §705,  as amended by PL 2007, c. 306, §2, is further amended to read:

§ 705. Culverts

The Department of Transportation is responsible for administering shall oversee the placement installation or replacement of culverts within the right-of-way on improved state and state aid highways lying outside the compact area of an urban compact municipality as defined in section 754. When an An abutter wants an desiring to establish a new driveway, entrance to be constructed or approach on these highways , the abutter shall petition the department for a permit as provided under section 704 must first comply with section 704 and any rules adopted under section 704. Should a permit be issued and If the department determines that a culvert is required, the abutter shall , at the abutter's expense, provide a culvert meeting department standards and install , at the abutter's expense, under the direction of the department, a culvert the culvert in a manner satisfactory to the department , which the department shall maintain. The department shall retain continuing jurisdiction over the culvert adequacy and the safety of every existing driveway, entrance or approach to a state or state aid highway lying outside the compact area of an urban compact municipality, whether or not the access was constructed or installed pursuant to a permit under this section. The abutter has continuing responsibility for the condition and stability of the access, including replacement of any culverts or other structures pertaining to the access.

When the department determines a culvert replacement is required for an existing driveway, entrance or approach located within the highway limits as part of a capital highway or ditching project or emergency response effort, the department is responsible for the cost of the replacement.

For locations on town ways and on state and state aid highways within the compact area of an urban compact municipality pursuant to section 754, the municipality must be petitioned by the abutter pursuant to section 704. Should a permit be issued, the abutter shall provide, at the abutter's expense, a culvert satisfactory to the municipality, which the municipality shall install and maintain.

Sec. 2. 23 MRSA §802,  as amended by PL 1999, c. 473, Pt. C, §4, is further amended to read:

§ 802. Maintenance by State

State aid highways must be continually maintained under the direction and control of the department at the expense of the State except as provided in section sections 705, 754 and 1003.

Sec. 3. 29-A MRSA §101, sub-§7-A  is enacted to read:

Sec. 4. 29-A MRSA §101, sub-§15-A  is enacted to read:

Sec. 5. 29-A MRSA §101, sub-§27-A  is enacted to read:

Sec. 6. 29-A MRSA §101, sub-§29-A,  as enacted by PL 2003, c. 166, §5, is amended to read:

Sec. 7. 29-A MRSA §2360, sub-§18  is enacted to read:

SUMMARY

The bill:

1. Clarifies language pertaining to the responsibility of private culvert replacement and repair on a state right-of-way;

2. Extends to all Maine roads a weight tolerance for vehicle auxiliary power units that was previously authorized for interstate highways under the federal Energy Policy Act of 2005;

3. Defines "auxiliary power unit," "combination vehicle" and "heavy duty vehicle"; and

4. Clarifies that the exemption of the Maine Turnpike and Interstate 95 in Kittery from the definition of "interstate highway," "interstate system" and "interstate highway system" applies only to weight limits.