17-229-210 Me. Code R. § 5
A Utility may not construct new Facilities within the limits of a Highway without applying for and obtaining a Location Permit from the applicable Licensing Authority except as specified herein. [ 35-A MRS§2501, 23 CFR 645 Subpart B]. Private Entities may not apply for or obtain a Location Permit.
A Location Permit is required in each of the following circumstances:
All new Facilities except as specifically exempted in Section 5(1)(B), Location Permit Not Required;
Although municipalities are the Licensing Authority for state and state-aid highways within urban Compact Areas and along local roads, the following situations require separate permitting through MaineDOT. MaineDOT will coordinate with Compact Area municipalities in these situations particularly with regard to municipal planning, historic districts and character, including any locally adopted ordinances that establish aesthetic requirements for Monopole, Utility Pole Structure or tower installation:
In addition to the bridges within Compact Areas described above, all new or relocated facilities installed on, under or within 25' of state maintained Bridges outside of Compact Areas. State maintained bridges may be found on the state or state-aid system, or on Town Rights-Of -Way. State maintained bridges may be viewed on the MaineDOT Map Viewer;
Replacement of the following, regardless of whether those Facilities were previously permitted or deemed legal structures in accordance with 35-A MRS §2309:
For the purposes of this Section, Facilities that exceed these limits are hereby considered new Facilities and not "replacements" or "additions" under 35-A MRS §2503(9).
Installation of cabinets, transformers or other similar system components that are mounted on pads or multiple poles, not to include standard pedestals or those that are supported on an existing, single pole. Replacement of such Facilities requires permitting only if the existing supporting pad or poles are to be replaced.
Replacement of any aboveground Facility or Appurtenance resulting from damage caused by a vehicle two or more times within the past 12 months.
A Location Permit is not required in the following circumstances, providing the Facility or Appurtenance being installed meets the standards defined herein unless otherwise specified. Where an exception is required, an application shall be submitted in accordance with Section 5(2), Application Process.
Attaching additional wires, cables or Appurtenances to existing poles, providing the Utility making such attachment has permitted or legally located Facilities under 35-A MRS §2309 upon all of the same poles.
Services, as defined in 35-A MRS §2503(10);
Replacement of up to 5 Utility Poles within 5 miles of each other along the same highway corridor within the same year, or replacement of up to 150 feet of underground Facilities within the location tolerance as specified in Section 5(4), Installation in Conformance with a Location Permit, with respect to the original location of the Facilities being replaced. Utility Poles replaced under this Section are not required to meet the corridor offsets as specified in Section 11(2)(C), Minimum Corridor Offsets for Utility Poles. Utilities shall not replace Facilities in greater amounts than authorized herein by dividing projects with one primary engineering purpose into multiple, smaller projects.
New wires or cables in existing conduit that is either permitted or legally located under 35-A MRS §2309;
Replacement of Facilities that present an immediate hazard or are needed to restore utility service, providing after-the-fact permitting occurs within 60 days when required;
Applicants are advised that, depending upon the type of installation proposed, a separate Highway Opening Permit might also be required from the applicable Licensing Authority.
This Section outlines the application procedures for Location Permits on all Highways and Bridges for which the Maine Department of Transportation is the Licensing Authority. There are two processes available to obtain these Location Permits: Statutory Application Process and the Permit-By-Rule process that was established for certain Utility Pole and attachment installations. MaineDOT reserves the right to require additional information on any applications as necessary.
The Statutory Application Process may be used by all Utilities to apply for a Location Permit.
To obtain a Location Permit through the statutory application process, a Utility or authorized agent must first submit a completed application to MaineDOT that includes each of the components listed below. A single application may include multiple Facilities of the same type, provided the general and specific location of each Facility is clearly noted on the application and the Facilities are located along the same road or route, within adjacent towns.
Applications submitted in this manner shall be signed by the Utility to indicate its agreement with the location of the proposed Facility and its intent to accept the Facility upon completion of construction. If a Location Permit is issued, it will include a special condition acknowledging construction by a non-Utility.
If the Proposed Installation involves wire attachment to existing poles and a permit is required, the plan may simply locate the starting and ending points in relation to any of the major features indicated in the General Location. Offsets to existing poles are not necessary in this situation.
Similarly, If the Proposed Installation involves sporadic attachments to existing poles that are located along a single corridor, within adjacent towns, the plan may simply locate the starting and ending points and include a list of the poles and corresponding coordinates that are associated with the application. Offsets to the existing poles are not necessary.
If the Proposed Installation involves attachment to the poles of another Utility, a copy of the lease or agreement showing evidence of the right to occupy the poles shall be included with the application. Alternatively, the application may also be signed by the Utility that owns the poles.
The application shall be submitted to MaineDOT at the address provided on the application form. A complete copy shall also be submitted to the municipal clerk of the Municipality or the clerk of the county commissioners in the case of unorganized townships where the Facility is located. The application will be reviewed with primary consideration given to the standards defined within this rule; however, specific site conditions, proposed work in the same General Location, public comments, or other concerns of MaineDOT will also be considered. Permits will normally be processed within 30 Days; however, up to 60 Days is permissible. [ 35-A MRS§2503(19) ]
Upon completion of its review of the application, MaineDOT will send the Utility a Completion Confirmation Form along with an approved Location Permit with conditions if applicable. Upon completion of the installation of a permitted Facility, the Utility shall return the completed form to MaineDOT, stating that all work has been completed in accordance with the specified permit. If field modifications were necessary or the scope of the original project was reduced, amended sketch plans from the original permit shall be submitted to indicate the changes. If field changes beyond the tolerance specified in Section 5(4), Installation in Conformance with a Location Permit, were necessary, the name of the MaineDOT representative and the date of all applicable approvals shall be indicated on the form. All amendments submitted as described above shall be deemed accepted by the MaineDOT unless MaineDOT notifies the Utility otherwise within 60 days of receipt.
Locations or relocations of Facilities authorized through MaineDOT Projects are permitted through the coordination process that occurs in the Preliminary Engineering phase of a MaineDOT Project. Through this process, the Utility Coordinator and a representative from the Utility work together to determine the best location for the proposed or relocated Facilities. The Utility then designs its Facilities and Appurtenances in accordance with the accommodation standards defined within these rules or as otherwise authorized by MaineDOT. Once all available information regarding the new location of the Facilities is submitted to and accepted by MaineDOT, a Location Permit for the relocated facilities will be issued to reflect the change and to evidence the legality of the new location. This paragraph shall only apply to Facilities that must be relocated because of the MaineDOT Project. New Facilities (not replacement Facilities) must be permitted as otherwise described herein. [ 35-A MRS§2503(8) ]
The Permit-By-Rule process is not available within Freeways, Controlled Access corridors or Scenic Byways.
Pursuant to 35-A MRS §2503(8), the PBR rules do not apply to the following:
When utilizing the Permit-By-Rule process, Utilities remain subject to all of the responsibilities and liabilities set forth in 35-A M.R.S.§2503 as specified herein.
The Utility shall be fully responsible for the design, construction, maintenance and operation of its facilities and, to the extent provided by 35-A M.R.S. §2503(6), for any damages resulting from the Utility's negligence in the installation or maintenance of said facilities and its appurtenances.
The Utility shall be fully responsible for moving or removing a facility installed in violation of this rule and all associated costs.
To receive a permit using the PBR process, a Utility must submit the PBR application package to the applicable MaineDOT Region Office. The application package shall conform to the requirements of Section 5(2)(A)(1), Submission Requirements, and shall indicate that the PBR process is to be used.
PBR applications are automatically approved within the time frames indicated below and in accordance with this rule.
In addition to the applicable application process described in Sections 5(2)(A), Statutory Application Process, and 5(2)(C), Permit By Rule,Proposed Installations involving underground Facilities of at least 500 feet in length (excluding new or replacement wires or cables within existing Encasement) or the installation of 25 or more Utility Poles require evidence of coordination with at least one representative from every Utility having existing or Proposed Installations within the General Location. Coordination may occur individually with each Utility or through Coordination Meeting(s). Notice of Coordination Meetings will be provided by the entity proposing a new project at least one week in advance of the actual meeting date. A reasonable effort shall be made to assure the availability of as many attendees as possible. Additional evidence submitted with the Location Permit application shall include:
The form which should be used to confirm this coordination is located on MaineDOT's Utility website as part of the Location Permit application.
When a Utility proposes any underground installation of at least 500 feet in length, a copy of the permit application shall be submitted to Connect ME Authority by the Utility in accordance with 35-A MRS §2503, sub § 2. When such work is associated with a MaineDOT project, this notification is not required by the utility as notice of the project has already been provided through MaineDOT's Work Plan.
Each pole being permitted shall be staked in the field and numbered in such a manner that the numbering is visible from the shoulder of the road. The pole numbers presented on the permit application sketch shall match the pole numbering used in the field.
Permits granted pursuant to these rules shall expire if substantial construction of the Proposed Installation is not commenced within 12 months of the permit date or if construction work is suspended for one or more entire Construction Seasons.
As determined by MaineDOT through its application review process, specific permits may include requirements beyond the minimum standards stated within these rules to the extent necessary to protect the traveling public, minimize conflicts or ensure the efficient use of the Highway corridor. Proposed Installations or replacements shall be installed as permitted. If changes beyond the offset tolerance of the permit become necessary, the Utility shall notify MaineDOT to request permission to amend the application or, if a permit has already been issued, request that MaineDOT amend the permit.
Unless otherwise specified in the permit, field changes are considered to be within the horizontal offset tolerance of the permit provided they comply with allof the following:
Any Facility installed within the Highway limits that are not in compliance with the terms of its Location Permit, 35-A MRS Chapter 23, 35-A MRS Chapter 25, or these rules, will be considered an Unauthorized or Non-Compliant Facility. As such, that Facility cannot legally remain within the Highway limits unless the location is otherwise authorized by deed or easement. Within 5 days' notice from MaineDOT, the entity owning or operating the Unauthorized or Non-Compliant Facility must correct any violations of the Location Permit or applicable rules herein. If the Utility fails to correct the violations of its Location Permit, MaineDOT may revoke the existing Location Permit and require removal of the Facility and all Appurtenances.
Since private Facilities located within the Highway limits reduce the available Right-of-Way for public use, there are greater restrictions placed upon them. Upon receipt of a complete application from a Private Entity and with consideration of the standards provided herein, MaineDOT may, but is not required to, issue a Private Facility Exception License to permit a private Facility to exist within the limits of the Highway. Said permit shall be valid only if it does not interfere with the Highway, its maintenance or any of its uses.
If MaineDOT determines in its sole discretion that the private Facility interferes with Highway use and/or maintenance, it can order the private owner to remove the Facility in a manner acceptable to MaineDOT. The Facility owner shall bear all costs relating to the Facility and any Appurtenances including installation, relocation, adjustment and removal. Owning a private Facility within the Highway limits does not guarantee continued use.
Note that Municipalities construct, own and are responsible for the maintenance of their facilities, for example, conduit systems for ornamental lighting or elimination of aerial electric lines. Municipal facilities such as conduit systems for lighting shall not be considered "Private Facilities" for the purposes of this section. All other requirements for facilities in State and State-Aid Rights-Of-Way shall apply as appropriate.
Applications for Private Facility Exception Licenses may be obtained from the Utilities Website and shall include any applicable information as specified in Section 5(2)(A)(1), Submission Requirements. First-time applicants are encouraged to contact MaineDOT to review the application requirements. In instances where a private Facility or Appurtenance is proposed in a Highway in front of property not owned by the applicant, a letter from that abutting property owner stating no objection to the proposed installation shall accompany the application. (Note: A Facility is deemed "in front of" a parcel of property whenever it is located between the centerline of the Traveled Way and the Right of Way line adjacent to the subject parcel).
Private Facilities, not directly connected to a Utility distribution system or network or having characteristics that are not detrimental to the highway, will normally be authorized to cross Highways, providing all applicable standards are met as well as any special requirements specified by MaineDOT.
Private installations parallel to and within the limits of the Highway will not normally be authorized. However, where a proposed installation is less than 500 feet in length, MaineDOT will consider each application on a case-by-case basis.
17-229 C.M.R. ch. 210, § 5