Title 23: TRANSPORTATION

Part 1: STATE HIGHWAY LAW

Chapter 13: CONSTRUCTION, MAINTENANCE AND REPAIRS

Subchapter 1: GENERAL PROVISIONS

§705. Culverts

The Department of Transportation shall oversee the installation or replacement of culverts within the right-of-way on state and state aid highways lying outside the compact area of an urban compact municipality as defined in section 754. An abutter desiring to establish a new driveway, entrance or approach on these highways must first comply with section 704 and any rules adopted under section 704. 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 the culvert in a manner satisfactory to the department. 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, subject to the department's ongoing jurisdiction over the right-of-way.   [PL 2009, c. 315, §1 (AMD).]

When the department determines that, in order to reestablish access to an abutting property, 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.   [PL 2009, c. 315, §1 (NEW).]

When the department determines a culvert replacement is not required for an existing driveway, entrance or approach located within the highway limits, the abutter is responsible for the cost of any replacement.   [PL 2009, c. 315, §1 (NEW).]

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.   [PL 1999, c. 473, Pt. C, §2 (AMD).]

SECTION HISTORY

PL 1971, c. 593, §22 (AMD). PL 1981, c. 492, §C5 (AMD). PL 1989, c. 46, §1 (RPR). PL 1999, c. 473, §C2 (AMD). PL 2007, c. 306, §2 (AMD). PL 2009, c. 315, §1 (AMD).