17-229-205 Me. Code R. § 3

Current through 2024-51, December 18, 2024
Section 229-205-3 - CATEGORICAL SIGNS LOCATED WITHIN THE PUBLIC RIGHT OF WAY
1.General Requirements. The following signs may be erected and maintained within the public right of way without license or permit so long as they conform to the specifications set forth in Table 1:

Table 1 - Categorical Signs Located Within the Public Right of Way

Categorical Signs

Allowed sizes and locations

Signs erected by a duly constituted governmental body.

Municipal "Gateway" signs may not exceed a maximum of 50 square feet not including decorative frame.

Signs located on or in the rolling stock of common carriers, except those which are determined by the Commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle.

The size of the sign may not exceed the height, length or width of the vehicle.

Signs on registered and inspected motor vehicles, except those which are determined by the Commissioner to be circumventing the intent of this chapter. Circumvention shall include, but not be limited to, signs which are continuously in the same location or signs that extend beyond the height, width or length of the vehicle.

The size of the sign may not exceed the height, length or width of the vehicle.

Signs identifying stops or fare zone limits of motor buses.

260 square inches

Hand-held or similar signs not affixed to the ground or buildings.

Allowed within the public right of way and on islands medians greater than 6 feet in width.

Temporary Signs may be erected in the right of way for up to six (6) weeks between January 1st and June 30th and for six (6) weeks between July 1st and December 31st each year.

A Temporary Sign may not be placed within 30 feet of another temporary sign bearing the same or substantially the same message. A Temporary Sign may not exceed 4 feet by 8 feet in size and must include or be marked with the name and address of the individual, entity or organization that placed the sign within the public right-of-way and the date the sign was placed within the public right-of-way.

2.Location
A.Categorical Signs

Categorical signs shall be located so as to avoid visual conflict with other signs, to not obstruct sight distance for motorists, to not obstruct pedestrian facilities, to have the least impact on the scenic environment, and to take advantage of the natural terrain. Categorical signs are not allowed on any islands 6 feet or less or in the internal center islands in a rotary or modern roundabout.

B.Interstate and Controlled Access Highways

Categorical signs are not allowed within the limits of a Controlled Access Highway.

C.Lateral Clearance

Except as noted in Table 1, the near edge of Categorical signs shall be located at least ten feet outside the highway shoulder except that in areas where insufficient right-of-way exists to maintain this clearance, or where physical obstructions make such a distance impossible, the near edge shall be located the maximum practical lateral distance from the edge of the traveled way. In urban areas signs shall be a minimum of at least one foot from the curb face.

D.Sign Placement

Categorical signs shall not be mounted on a post containing a traffic control sign or device, a public utility pole or fixture, a rotary or roundabout center traffic island, a tree in a public right-of-way, or within a control-of-access area or any island/median less than 6 feet wide.

E.Categorical Sign Assemblies

The Department reserves the right to require entities allowed signage to share sign posts if there is insufficient room to install sign assemblies.

F.Vertical Distances

Sign assemblies (except Temporary Signs) shall be erected so as to provide a minimum of five feet vertical clearance between the lower edge of the bottom sign and the surface of the highway. Signboards located near pedestrian facilities such as sidewalks and parking areas shall have a vertical clearance of seven feet.

G.Materials
(1) Sign panel material shall be high density overlaid plywood a minimum of one-half inch thick, standard aluminum blanks or other material sufficiently stable not to deform under normal conditions of weather and use. All materials furnished under this Section shall be durable and weather resistant.
(2) No sign and/or support shall constitute a Deadly Fixed Object.
H.Installation and Maintenance
(1) Categorical signs are considered private signs and are not installed or maintained by the Department. Entities installing signs pursuant to this subsection are required to notify Dig Safe. Any sign not properly maintained for plumbness or quality shall be removed by the Department. The Department shall have the sole decision making authority as to when a sign does not meet the above criteria.
(2) All categorical signs installed in the Public Right of Way shall be installed in compliance with 23 MRSA Section3360-A, Protection of Underground Facilities (a.k.a. "The Dig Safe® Law") which requires notification to various entities at least three working days prior to making any excavation. Additional information may be found at: http://mutcd.fhwa.dot.gov, http://www.osha.gov/SLTC/trenchingexcavation/, and http://www.digsafe.com respectively.
3.MaineDOT Policy on Special Intra-community Signs and Community Way-Finding Signs

Special service signs for local information within individual communities may be erected on State or State Aid highways provided the following conditions are met:

A.Requests for signs

Requests for signs must be made by the municipal officers of the town or city where signs are to be erected.

B.Eligible Facilities

Signs shall be limited to directing traffic to locations of special interest which include the following:

(1) Hospitals which provide emergency service 24 hours each day
(2) Public transportation facilities including airports, railroad stations, bus terminals and ferry terminals.
(3) Public recreation facilities such as beaches, parks, sport arenas, scenic areas and historical sites.
(4) Municipal sub-divisions such as central business districts and villages within municipal boundaries. (i.e. industrial parks, business parks, etc.)
(5) Governmental buildings or agencies such as City Halls, county buildings, schools, armories and fire/police stations.
(6) Colleges and Universities
C.Exclusions

Intra-community wayfinding signs for commercial establishments shall not be permitted.

D.Design of Signs

Signs governed by this section shall be rectangular in shape with a white legend on a green background, although white legend on blue background and white legend on brown background may be acceptable at the sole discretion of the Department. The maximum length shall be 48 inches and maximum letter size shall be 4 inches. No more than three lines of copy shall be permitted on one design. Intra-community signs that are intended to direct tourists and other road users to key civic, cultural, visitor and recreational attractions and other destinations shall be made with retro-reflective material (ASTM sheeting type III or greater). Intra-community signs intended to direct pedestrians shall be made with non-reflective materials.

Signs governed by this section must comply with the standards found in the Manual on Uniform Traffic Control Devices (MUTCD) Section 2D.50 Community Wayfinding Signs.

E.Installation of Signs

Signs governed by this section shall be provided and installed by the local municipal officials. All sign installations within the MaineDOT designated clear zone shall be on posts considered to be breakaway and shall meet all safety standards required by MaineDOT. The vertical and lateral clearances of such signs shall conform with section 2 A-19, 2A-20 and 2A-21 of the "Manual on Uniform Traffic Control Devices". The signs shall not be erected in conjunction with, nor be in conflict with, official highway signs.

All Categorical Signs installed in the Public Right of Way shall be installed in compliance with 23 M.R.S. Section3360-A, Protection of Underground Facilities (a.k.a. "The Dig Safe® Law") which requires notification to various entities at least three working days prior to making any excavation. Additional information may be found at: http://mutcd.fhwa.dot.gov, http://www.osha.gov/SLTC/trenchingexcavation/, and http://www.digsafe.com respectively.

F.Restrictions

Special intra-community service signing shall not be permitted on Interstate highways or expressway systems.

17-229 C.M.R. ch. 205, § 3