17-229-210 Me. Code R. § 1
These rules govern the accommodation of Facilities within the limits of state and state-aid highways. They also govern the accommodation of Facilities in Compact Areas when municipalities have not adopted more stringent local rules [ 35-A MRS §2503(21)] . The intent of these rules is to provide administrative procedures and establish minimum requirements governing the location, method of installation, maintenance, adjustment and relocation of the accommodated Facilities. Within the limits of state and state-aid roads these rules supersede less stringent MPUC location standards.
These rules have been developed to protect the safety of the public and to safeguard the integrity and capacity of highway infrastructure in the state of Maine even while accommodating the convenient and economical placement of Facilities that also benefit the public welfare. These rules are authorized by 23 MRS §52 and 35-A MRS §2503(16) and are further required by 23 CFR 645.211.
For capital improvement projects on state and state-aid Highways in Compact Areas, Compact Municipalities must coordinate with MaineDOT during project design to establish utility locations and/or relocations, any utility permitting [ 23 MRS §52] required by the Municipality, and any pavement restoration requirements.MaineDOTretains overall jurisdiction for utility location or relocation during design and construction of MaineDOT projects so that the primary highway purpose and maintenance are not hindered, restricted or otherwise impaired.
While uses such as the placement of utility facilities are permitted in the state's Right-of-Way in the public interest, Maine law is clear that highway purposes are paramount on state and state aid highways and that highway fund dollars can be dedicated only to highway purposes. Utilities placing their facilities within the limits of state and state-aid highways subject to these Utility Accommodation Rules do so at their own risk without any liability on the part of MaineDOT.
17-229 C.M.R. ch. 210, § 1