HP0742
LD 1059
Session - 128th Maine Legislature
 
LR 752
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act Concerning Bridges on Discontinued Town Ways

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 23 MRSA §563, first ¶,  as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:

The department shall inspect all structures on public ways.

Sec. 2. 23 MRSA §566, sub-§3,  as enacted by PL 2001, c. 314, §2 and affected by §4, is amended to read:

3. Changes to classification or status of road.   If the department changes the classification of the road carried by the structure, the responsibilities regarding the structure change in accordance with this subchapter. If a municipality or county discontinues a town way with a bridge, the department shall negotiate with and enter into an agreement with the municipality or county or with another state agency either for the municipality, county or state agency to be responsible for the ownership and possible maintenance of the bridge or for the municipality, county or state agency to understand that the department may remove the bridge. An inspection pursuant to section 563 may occur only on a structure on a public way.

SUMMARY

This bill requires the Department of Transportation to enter into an agreement regarding a bridge when the town way carried by the bridge is being discontinued by the municipality, or county in the case of an unorganized territory. The agreement must be made with the municipality or county or with another state agency and must require the municipality or county or state agency to be responsible for the ownership and possible maintenance of the bridge or to understand that the department may choose to remove the bridge. The bill also provides that an inspection pursuant to the Maine Revised Statutes, Title 23, section 563 may occur only on a bridge or minor span on a public way.


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