17-229-210 Me. Code R. § 9
This Section outlines the general requirements for all Facilities and Appurtenances within the Highway limits. Additional standards that are specific to the type of Facility or the type of Right-of-Way are discussed in subsequent Sections.
The Authorized Entity is fully responsible for the design of any of its Facilities and Appurtenances to be installed within the Highway limits.
All Facilities and Appurtenances within the Highway limits must also comply with any applicable National Standards. Where those standards differ from what is stated herein, the higher degree of protection shall prevail.
Nothing herein is intended to interfere with or supersede the applicability or enforcement of any laws, rules, or orders of the MPUC, or ordinances that do not conflict with these rules. This specifically includes the Americans With Disabilities Act of 1990 [ PL 101-336 ]. Although MPUC has installation and maintenance standards similar to the Utility Accommodation Rules, the Utility Accommodation Rules govern installations within the limits of state and state-aid Highways, and are the default rules within the limits of state and state-aid Highways in Compact Areas where municipalities do not have their own more stringent rules [ 35-A MRS §2503(21) ].
All permanent Facility and Appurtenance installations on, over, or under the Highway or attached to any Highway Structures shall be of durable materials designed for long service life expectancy with due consideration given to the overall needs of the Highway corridor. Facilities and Appurtenances shall be designed to be relatively free from routine servicing and maintenance.
Longitudinal installations shall be designed and installed on as uniform an alignment as possible to minimize potential conflicts and to aid in locating underground Facilities in the future.
Wherever possible, Facilities and Appurtenances shall be located to minimize the possibility of interference with other Facilities or Highway work.
To the extent feasible and practicable, Facility crossings of the Highway shall be generally perpendicular to the Highway alignment.
The Authorized Entity is required to secure all permits necessary for the installation, adjustment or maintenance of its Facilities.
Throughout the design and installation of any Facilities and Appurtenances within the Highway limits, Authorized Entities must address the needs of all other Authorized Entities with regard to their existing or Proposed Installations located in the vicinity of another Proposed Installation. This shall include maintaining sufficient offsets from other Facilities and Appurtenances and assuring that all other Authorized Entities have reasonable access to their own Facilities and Appurtenances during construction. Where Authorized Entities are unable to resolve conflicts in accordance with these rules, MaineDOT shall make the final determination.
The following defines the minimum clearance standards for Facilities within the Highway limits. Greater clearances are encouraged and may be required whenever possible. Authorized Entities are encouraged to undertake joint construction whenever possible, and MaineDOT will normally support requests for a lesser standard in accordance with Section (14)(1), Exceptions, when all affected parties are in agreement.
Unless specifically permitted otherwise, a 3-foot minimum horizontal clearance shall be maintained between all underground Facilities and Appurtenances. Measurement between underground Facilities and Appurtenances shall be taken horizontally from the closest edge of the Facility or Appurtenance. Aboveground pole lines (excepting crossings and services) shall also be included in this standard where those poles occupy a reasonably consistent offset. Measurement to a pole line shall be to the nearest face of pole or to the vertical plane established longitudinally through the center of the pole line between poles.
Where underground Facilities must cross other Facilities or Appurtenances; the angle of such crossing shall be as close to 90 degrees as possible, with a minimum vertical clearance of 1 foot. Facilities of one Authorized Entity shall not be constructed longitudinally over or under another Authorized Entity's underground Facilities.
Authorized Entities shall stabilize the soil in all work areas within the Highway limits to minimize erosion. Restoration of loam, grass or other landscaping vegetation is required following the completion of Backfill as soon as weather conditions and/or seasons of the year allow. Temporary mulch shall be used until permanent treatments can be applied.
When a pole line exists within a highway corridor, Facilities that can be accommodated aerially will normally be permitted as aerial facilities that are attached to the existing poles, or new poles that replace the existing poles.
To obtain consistency and maximize the use of the Highway, "preferred corridors" have been specified below for each type of Facility. In the process of establishing plans, Authorized Entities are encouraged to utilize these corridors whenever practical. These corridors may not be required or preferred in instances where there is insufficient Right-of-Way, interference with Highway or Utility maintenance needs, site constraints, conflicts with other Facilities, or other factors which the Department finds to be contrary to the public interest or safety.
Type of Facility | Preferred Corridor |
Water & Sewer Lines | Under the Traveled Way |
Gas Lines | Under the Shoulder |
Telephone/Electric Conduit | Under the Shoulder or Sidewalk |
Power and TelCom | On A Single Pole Line |
Pole Line | As close to R/W limit as practical |
17-229 C.M.R. ch. 210, § 9