17-229-103 Me. Code R. § II-2
All MTA planning for significant transportation projects, whether initiated by MTA or others, shall adhere to the requirements of the Sensible Transportation Policy Act (STPA). Before funding a significant transportation project, the STPA requires that the MTA evaluate the full range of reasonable transportation strategies to address the transportation need.
The STPA requires that MTA transportation planning decisions be consistent with the purposes, goals and policies of the Comprehensive Planning and Land Use Regulation Act. Before taking any action that adds transportation capacity, the MTA may consider or recommend potential land use strategies that will work to preserve corridor capacity, manage corridor mobility, protect public investment in infrastructure and public services, and foster transportation-efficient land uses that combat the public costs of sprawl.
This rule is intended to require a corridor planning and development process such that a series of individual transportation improvement projects, when viewed comprehensively are evaluated in accordance with this section to determine if they increase capacity.In addition, this rule calls for an evaluation of strategies when existing highway features, such as breakdown lanes, auxiliary lanes, and sidewalks are considered for conversion to through lanes.
When a transportation need or deficiency has been identified through the transportation planning process, and that need or deficiency results in a potential significant transportation project, MTA's planning process will evaluate a full range of reasonable transportation strategies before funding the improvement. The strategies to be considered will include:
Consideration of reasonable transportation and land use strategies should take place on a corridor or statewide basis as opposed to a project by project basis. Information gathered from a corridor analysis may be used on multiple projects within the corridor.
The MTA need not study or evaluate transportation or land use strategies that have previouslybeen found to be unacceptable or infeasible along a corridor, providing that no significant changes have occurred affecting the prior analysis. This finding must be based on sufficient objective data, which should include consideration of public acceptability.
The MTA is not required to study or evaluate transportation or land use strategies along a corridor if comparable strategies are in place and functioning as determined by MTA, provided sufficient data exists to accurately assess the adequacy of the strategies.
MTA, MPOs and/or municipalities will engage each other at the earliest possible opportunity in planning for and identification of significant transportation projects. In this way, the best combination of strategies for meeting the policies of the Sensible Transportation Policy Act may be evaluated.
In developing the range of reasonable strategies with which to evaluate significant transportation projects, MTA will initiate a public participation process commensurate with the scope of the project.
The information provided through the public participation process may include the following:
The public involvement process will:
When the MTA determines appropriate, it may form an advisory committee with which it will regularly meet as detailed evaluations and recommendations are developed.
In developing the range of transportation and land use strategies to evaluate, MTA will determine whether the strategies under consideration are consistent with the local Long-Range Land Use Plan and if there is no plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act. Instead of MTA doing this analysis, MTA may require that the municipality and/or the RC and/or the MPO prepare a report to MTA indicating whether the strategies under consideration are consistent with the applicable Long-Range Land Use Plan, or if there is no local plan whether they are consistent with the goals of the Comprehensive Planning and Land Use Regulation Act.
If a preferred strategy conflicts with a Long-Range Land Use Plan, MTA will make a good faith effort to address the conflict. If the Long-Range Land Use Plan policy recommendations are determined to potentially reduce the transportation benefits of the preferred transportation strategy, MTA may require the host or affected municipalities enact land use management strategies to avoid or minimize activities that could reduce the transportation benefits of the significant transportation project.
Absent a Long-Range Land Use Plan, MTA may consider documented municipal resources of value such as historic districts or sites, wildlife habitat, trees/tree lines, stone walls and scenic vistas through the project scoping process.
After receiving all transportation and land use strategy suggestions, the strategies will be reviewed to determine if they adequately address the agreed upon transportation deficiency or need in a safe manner at a reasonable cost with available technology. The review may also consider the available life cycle costs and operational costs of each strategy and its potential to reduce vehicle miles or hours traveled. It may also include a planning level review of how each strategy meets the policies of the Sensible Transportation Policy Act.
MTA will give preference to those reasonable transportation and land use strategies that best meet the identified transportation purpose and need and the policies set forth in the Sensible Transportation Policy Act.
MTA will notify local officials, RCs, and the public of the availability of the draft strategy evaluation and analysis. The draft analysis will be made available for public review at the MTA headquarters. The public will be given a reasonable period of time to comment on the draft analysis. Based on the nature and number of comments received, MTA may hold a public hearing on the draft strategy evaluation and analyses. Public notice shall be provided at least two weeks in advance of such a hearing.
Upon completion of the public participation process MTA will issue a final strategy analysis, describing its analysis and addressing public comments. Similar comments need not be addressed individually.
Most significant transportation projects are initiated through MTA's long-range planning process. This section outlines procedures by which a Municipality ("a proponent") may directly request significant transportation projects. MTA may require that proponent initiating the request provide the following before MTA considers the request:
17-229 C.M.R. ch. 103, § II-2