An Act To Amend the Laws Governing Access to State and State Aid Highways To Allow a Break in a Control of Access
Sec. 1. 23 MRSA §704, sub-§6, as amended by PL 2003, c. 571, §2, is repealed and the following enacted in its place:
(1) The owner of property abutting the highway submits a request in writing to the commissioner for a driveway, entrance or approach within the right-of-way of a state highway or state aid highway;
(2) The department acquired access rights prior to August 11, 2000; and
(3) The commissioner finds that the requested break in a control of access will not have an undue adverse impact on the safety and efficiency of the operation of the highway.
summary
Under existing law, the Commissioner of Transportation may allow a break in a control of access of a highway for development of a state highway or state aid highway. This bill provides that the commissioner shall approve a break in a control of access if: the owner of the property abutting the highway submits a request in writing to the commissioner for a driveway, entrance or approach within the right-of-way of a state highway or state aid highway; the Department of Transportation acquired access rights prior to August 11, 2000; and the commissioner finds that the request will not have an undue adverse impact on the safety and efficiency of the operation of the highway.