17-229-103 Me. Code R. § I-8

Current through 2024-51, December 18, 2024

Section 229-103-I-8 - SUBSTANTIAL PUBLIC INTEREST PROJECTS

A.General

If MaineDOT determines that a transportation project is not a significant transportation project, but involves issues of substantial public interest, MaineDOT will engage a public participation program tailored to that project.

MaineDOT may require a report from a municipality, RC, or other entity representing the municipality documenting the proposed project's consistency with a Long-Range Land Use Plan. Absent a Long-Range Land Use Plan, MaineDOT may consider otherwise unregulated municipal resources of value that have been formally documented in a statement by the municipality's legislative body, such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process. MaineDOT may seek advice from SPO, the affected RC and municipalities on how to avoid or mitigate those impacts which are found to be inconsistent with the Long-Range Land Use Plan and/or formally adopted statement.

MaineDOT will respond to such advice as the project is planned and developed. Whether or not a municipality has requested the substantial public interest transportation project, MaineDOT may require that the host municipality(ies) enact land use management mechanisms to avoid or minimize activities that could reduce the benefit of the transportation project consistent with the State and Local Agreement discussed in Subchapter I, Section 9.

B.New and Modified Interchanges

Since the establishment or modification of an interchange usually is of substantial interest to the public and may have potential impacts on land use, all interchange improvement projects with a purpose and need to add capacity shall be deemed to be substantial public interest projects.

MaineDOT, together or in consultation with the MTA, an MPO, RC and affected municipality(ies), as applicable, will:

(1) Prepare or clarify a preliminary statement of the purpose and need for the proposed interchange;

(2) Perform a comprehensive traffic analysis for the proposed new or modified interchange to assess its impact on the adjacent highways connected by the interchange.

(3) Identify and assess land use impacts of the proposed improvements to determine whether the proposed interchange modifications and existing land use controls are consistent with the Long-Range Land Use Plan adopted pursuant to the Comprehensive Planning and Land Use Regulation Act, or if there is no local plan, whether it is consistent with the goals of the Act.

(4) MaineDOT will engage a public participation effort tailored to that project. This effort will allow for early notice to the affected public and municipality and will allow the public the opportunity to comment on the project as it is being planned and developed. MaineDOT will respond to comments it receives through the public participation effort as the project is planned and developed. This public participation effort will be managed by either MaineDOT or its designated municipal or regional representative. MaineDOT may also include an evaluation of reasonable transportation strategies, transportation demand management options and transportation system management options to determine whether an alternative to the planned improvement may be more appropriate.

In the event that the proposed interchange is found to be inconsistent with a Long-Range Land Use Plan or the goals of the Act, or if its land use impacts are found to be adverse to the policies of Subchapter I, Section 4-B, MaineDOT shall seek the advice of the municipality or regional entity as to how to avoid, minimize or mitigate the inconsistency or adverse impact. Whether or not a municipality has requested the proposed interchange improvements, MaineDOT may require that the host municipality(ies) enact land use management mechanisms to avoid or minimize activities that could reduce the transportation benefit of the interchange project.

17-229 C.M.R. ch. 103, § I-8