Section 229-220-2 - DefinitionsFor the purposes of this chapter, the following words have the following meanings unless the context indicates otherwise.
1.Adverse Effect. An "Adverse Effect" means when an undertaking may alter, directly or indirectly, any of the characteristics of a historic property that qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location, design, setting, materials, workmanship, feeling, or association. ( 36 CFR §800.5 )2.Betterment. "Betterment" means any additional feature, upgrade, or change in capacity or character of the facility, or an increase in its useful life.3.Delivering the Federal Surface Transportation Program. "Delivering the Federal Surface Transportation Program" means the entire process by which MaineDOT applies funding received from the Federal Highway Administration and other sources to the construction, reconstruction, improvement or repair of highways that are part of the National Highway System and eligible for Federal aid.4.Eligible Project. "Eligible Project" means a project for the construction, reconstruction, improvement or repair of a highway on the National Highway System that is eligible for federal aid under the FSTP and that has either been identified as a project candidate in MaineDOT's mid-term plan (a.k.a., Six-Year Plan) or has received funding approval.5.Eligible reimbursement area. "Eligible reimbursement area" means an area that is within the right-of-way limits of an eligible project and also within the limits of a National Register Historic District.6.Existing overhead utilities. "Existing overhead utilities" means lawfully located aboveground facilities such as wires, lines, cables or similar devices, and necessary related appurtenances, used for or in connection with the transmission of electric power or telephone, cable television or communications signals.7.Historic site. "Historic site" means any site, structure, district or archaeological site which has been officially included on the National Register of Historic Places and/or on the Maine Historic Resource Inventory, or which is established by qualified testimony or evidence as being of historic significance.8.Lawfully located. "Lawfully located" means placed, existing and maintained in compliance with MaineDOT's Utility Accommodation Policy Rules, 17-229 CMR chapter 210, and all other applicable statutes, Rules and permitting requirements, as determined by MaineDOT.9.Local entity. "Local entity" means either an NRHD, a municipality acting on behalf of an NRHD or a third party consisting of an NRHD and a municipality.10.National Register Historic District (NRHD). "National Register Historic District" means a district that is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act, 16 United States Code, Section 470et seq.11.Relocation. For purposes of the rule, "Relocation" means the process by which existing overhead utilities are moved from one location within a public highway right-of-way and lawfully located at an alternate location underground within the public highway right-of-way in connection with an eligible project. "Relocation" does not include any action that results in improvements to, or extension of, service, or that in any way constitutes a betterment, as determined by MaineDOT.12.Underground relocation. "Underground relocation" means relocation of existing overhead utilities in an eligible reimbursement area to an underground location also within that eligible reimbursement area.17-229 C.M.R. ch. 220, § 2