In cases of new entrances, or those involving a change of use, a MaineDOT permit is required prior to the commencement of site work or construction of or addition to the building(s), or other improvement(s) activity relating to the change of use, or in cases not involving such construction, prior to commencement of the new activity that constitutes the change of use. In cases of alterations of existing driveways, a MaineDOT permit is required prior to commencement of construction or alteration of the portion of the driveway that lies within the state or state aid road.
3.1. Application The applicant must complete MaineDOT's Entrance Permit Application or Permit by Rule form and submit it to the MaineDOT Regional Office having jurisdiction over the state or state aid highways onto which the driveway is proposed. If an applicant seeks a waiver from the entrance standards, the request and the reasons for the requested waiver must be submitted as an attachment to the application form.
A. New Entrances. Applications for new entrances will be made on MaineDOT's application form and will be subject to the following additional requirements:(1) Medium Volume Entrances. A medium volume entrance is one that generates between 10 and 99 passenger car equivalent trips in the peak hour. Such applications must comply with the performance standards outlined in this rule. Where runoff from the development served by the entrance enters the highway drainage system, the Department may require the applicant to submit a drainage impact analysis performed by a Registered Professional Engineer licensed in the State of Maine. When located on a Mobility or Retrograde Arterial, the Department may require the applicant to develop a traffic impact study in accordance with 17-229, Maine Administrative Rules, Chapter 305, Rules and Regulations pertaining to Traffic Movement Permits pursuant to 23 M.R.S.A. §704-A. MaineDOT reserves the right to require attachments or analyses to such applications that may be reasonably necessary to review and assess the application or complete the permit application.(2) High Volume Entrances. A high volume entrance is one that generates 100 or more passenger car equivalent (pce) trips in the peak hour in any one day. Such applications must comply with the performance standards outlined in this rule unless already more restrictive in the Traffic Movement Permit rule; however, all other application procedures, including the issuance of a permit, will be in accordance with requirements in 17-229, Maine Administrative Rule, Chapter 305, Rules and Regulations Pertaining to Traffic Movement Permits, pursuant to M.R.S.A. 23 § 704-A. Only the Traffic Movement Permit is required.(3) Costs. All costs associated with development of traffic or drainage impact analyses must be borne by the applicant.B. Alteration of Existing Entrance. Applications that seek an alteration to an entrance that existed on the effective date of this rule and that does not conform to the entrance standards outlined in this rule, will be approved provided the alteration does not increase any such non-conformance and as long as the safety and drainage impact of the entrance is improved. If the approved alteration is for relocation, the permit will require the elimination of the former entrance such that it can no longer be used to access the highway or adjacent land.C. Change of Use. A new entrance permit will be required for existing entrances when the use being served by such entrance will change. The standards outlined in Section 2 will apply.D. Sources of Data and Information Requirements. Applications for entrances must be consistent with the data and information requirements of these resources: "A Policy on Geometric Design of Highways and Streets", 2001, AASHTO, and MaineDOT's Highway Design Guide, Volumes One and Two, December 2004, available at MaineDOT.3.2.On-Site Meeting If MaineDOT determines that a site visit is required to assure compliance with this rule or if the applicant requests a site visit MaineDOT will arrange an on-site meeting with the applicant within one business week of receiving an application.
3.3. Reviews and Decision A. Review of Application for Completeness. The Department will accept applications for entrance permits after determining that all information required for making a decision on the application has been submitted. At the time the application is filed or re-filed, the Department will provide the applicant with a receipt indicating the time and date the application is received and will have 20 working days to determine whether the application is complete. If the application is not complete, the Department will inform the applicant in writing of the specific information required so that it may be reviewed as a complete application.
B. Review of Application for Issuance. Except for permit applications for High Volume Entrances, which will be subject to the permit process pursuant to 23 M.R.S.A. §704-A, the Department will act upon an application within 20 working days of receiving a complete application.C. Approvals. If the Department finds that the accepted application information is accurate and that the design and location of the proposed entrance or the proposed alteration to the existing entrance or the change of use occurring at the existing entrance meets the requirements of this rule, and any other rule or law administered by the department, a permit approval or an approval with conditions will be issued. When mitigation or mobility enhancement measures are required pursuant to Sections 2.3(H) and 2.4(C), the Department may require the applicant, prior to construction, to submit a performance and payment bond or certified check payable to the State of Maine, in an amount and form that complies with the General Conditions of MDOT's Standard Specifications for Construction. In addition, the Department may require that notice of conditions applicable to the entrance be recorded in the appropriate Registry of Deeds.
MaineDOT may approve the application subject to any conditions necessary to assure compliance with the applicable entrance standards. Approvals will include a brief statement of the findings and conclusions supporting the approval. At a minimum, the applicant will be required to meet the following standard permit conditions:
(1) Provide, erect and maintain all necessary barricades, lights, warning signs and other devices as directed by MaineDOT to safeguard traffic properly while the work is in progress.(2) At no time cause the highway to be closed to traffic.(3) Where the entrance is located within a curb, curb and gutter, and/or sidewalk section, completely remove the existing curb, curb and gutter, and/or sidewalk as may be required to create the entrance and restore drainage. All entrances abutting sidewalk sections shall meet the requirements set forth in the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131et seq.(4) Obtain, deliver to site and install any culverts and/or drainage structures necessary for drainage; the size, type and length of such culverts or structures shall be as specified in the permit pursuant to 23 M.R.S.A. §705. All culverts and/or drainage structures shall be new.(5) Start construction of the proposed entrance within twenty-four (24) months of the date of permit issuance and complete construction of the proposed entrance within twelve months of commencement of construction.(6) Comply with all applicable federal, state and municipal regulations and ordinances.(7) Not alter, without the express written consent of MaineDOT, any culverts or drainage swales within the MaineDOT right-of-way.(8) File a copy of the approved entrance permit with the affected municipality or LURC, as appropriate within 5 business days of receiving the MaineDOT approval.(9) Construct and maintain the entrance side slopes to be no steeper than the adjacent roadway side slopes, but in no case to be steeper than 3 horizontal to 1 vertical, unless the side slope is behind existing roadway guardrail, in which case it shall be no steeper than 2 horizontal to 1 vertical.(10) Notify MaineDOT of a proposed change of use served by the entrance when increase in traffic flow is expected to occur. This does not exempt the need for obtaining a Traffic Movement Permit (TMP) if trip generation meets or exceeds 100 passenger car equivalents (pce) during the peak hour of the day.(11) Construct or implement and maintain erosion & sedimentation measures sufficient to protect MaineDOT facilities.(12) Entrances shall be designed such that all maneuvering and parking of any vehicles will take place outside the highway right-of-way and where vehicles will exit the premises without backing onto the highway traveled way or shoulders. All entrances will have a turnaround area to accommodate vehicles using the premises. Applicants that seek a permit for a change in use or an alteration of an entrance that existed on the effective date of this rule that does not conform to the entrance standards outlined in the rule will be granted a permit as long as the change of use or alteration does not increase any such nonconformance and improves the safety and / or drainage of the entrance. If the proposed alteration is for relocation, the permit must require the elimination of the former entrance such that it can no longer be used to access the highway or adjacent land.
Conditions may include deed restrictions that shall be notarized and recorded at the appropriate Registry of Deeds within 90 days of permit issuance.
D. Waiver of Standards. Entrance standards may be relaxed or waived only as provided in these rules. Requests for waiver should be in writing and should be submitted as an attachment to the permit application; however, MaineDOT may receive a request during permit administration and such request shall be so noted on the application by the applicant.1. Standards that may not be Waived: The sight distance standards of Section 2.1(A), the on-street parking standards of section 2.2(C), the loading dock requirements of section 2.2(G), the Mobility Arterial corner clearance standard of section 2.3(C) and the Traffic signal restriction of 2.3(E).1 may not be waived.2. Further, waivers will not be granted to a property owner whose property has been granted limited access entrances in accordance with 23 M.R.S.A. §303.3. Standards that may be Waived: Limited waivers relating to turnaround and parking requirements of section 2.1(D) may be granted for a cases involving a change of use or alterations of an existing access that the Department determines will likely result in a net gain to public safety or will result in a reduction in its non-conformity with these rules. The spacing standards in Table 3 of Section 2.2(B) may be waived only to the extent that lots of record existing as of May 25, 2002, the effective date of these rules, that do not have access to another public way and do not have sufficient lot frontage to meet these spacing standards, may be allowed access if the applicant meets the criteria for granting waivers set forth in section 3.3(D) 4 below. On mobility arterial segments posted at 40 or 45 mph only, the spacing standards of Table 3 Section 2.2(B) may be waived for lots created after May 25, 2002 only if:a. the applicant meets the criteria of granting waivers set forth below and;b. the proposed access is located within .2 of a mile of an existing 35 mph or less speed zone located on the mobility arterial to be accessed;c. the proposed access is located in an area designated for growth in the municipality's locally adopted comprehensive plan;d. the subdivision requirements of 30-A M.R.S.A §4404(5) are met, if applicable, and the applicant certifies that he/she will comply with the building permit requirements of 30-A 4103(3)(D); ande. the proposed access will not have an unreasonable adverse impact on the Department's ability to maintain the existing posted speed limit.All other standards may be waived in accordance with the provisions of this section.
4. Standards for Granting Waivers. Waiver requests will be granted if the applicant demonstrates, to the reasonable satisfaction of MaineDOT, that: (i) the waiver will not significantly detract from public safety, (ii) the proposed driveway meets the standards to the maximum extent practicable, and (iii) there is no feasible alternative. a. In determining that the waiver will not significantly detract from public safety, the department shall consider such factors as crash rates, traffic volumes, road geometrics, types and frequency of traffic moving to and from existing uses within 1000 feet of the proposed driveway.b. In determining practicability and feasibility, MaineDOT will consider the availability and cost of alternative driveway locations and designs in relation to the proposed use.c. In cases involving alterations or changes of use of existing accesses, the Department may grant waiver requests if it determines the alteration will likely result in a net gain to public safety or will result in a reduction in the driveway's non-conformity with these rules.d. In cases involving double frontage lots, MaineDOT will consider the length of frontage on the Mobility Arterial, the intensity of traffic generated by the proposed use, the geography along the frontage of the other public way and the distance to the other public way.e. The spacing requirement under Section 2.3 B Mobility Arterial Standards that "driveways or entrances across the highway must be considered" is hereby waived. Only existing or proposed driveways/entrances on the same side of the highway as proposed driveway or entrance need be considered in applying the spacing standard provided that the proposed driveway or entrance is located such to minimize traffic conflicts as approved by MaineDOT.5. Waiver Procedure and Formalities. Upon receipt of the waiver request, MaineDOT will review the request and determine whether to grant the request, deny the request, or grant the request with any reasonable condition(s). Waiver determinations will be in writing and sent to the applicant. All waivers granted must be notarized and provide that the terms thereof attach to and run with the land and that failure to record the waiver in the appropriate Registry of Deeds within 90 days of the date of the waiver will cause it to be null and void. The applicant is responsible for such recording. Reconsideration and appeal of waiver decisions must be made pursuant to Section 3.5 and 3.7.
E. Denials. If the Department finds that the information provided in an accepted application is inaccurate or that the design and location of the proposed entrance or of the proposed change to the existing entrance does not meet the requirements of this rule, a permit will be denied. The denial of a permit must include a brief statement of the findings and conclusions causing such denial. Upon issuing a permit denial, the Department will also inform the applicant of the process for reconsideration or waiver, as appropriate.F. Permit Expiration. A permit will expire within 24 months of the date of issuance if the entrance construction is not commenced. If waivers or conditions are not recorded at the appropriate Registry of Deeds within 90 days of permit issuance, the permit will expire.3.4. Permit By Rule for Forest Management and Farming EntrancesA. Filing Permit by Rule (PBR). Applications for entrances for forest management and farming activities must be made pursuant to Section 3.1 or by the Permit by Rule (PBR) process. To use the PBR process, the applicant must file a completed PBR application form with MDOT. The applicant may request approval of more than one entrance on one PBR form. The permit by rule application form will require sufficient information to allow the MDOT to assure compliance with the following minimum construction and maintenance standards.B. Applicable Standards. Each entrance must meet the minimum sight distance standards set forth in Section 2.1. The applicant must provide the available sight distance on the PBR application form.C. Change of Use. Property owners, or their agents, with driveways developed for forest management and farming activities on state or state aid highways who propose to convert the property use to a use other than for forest management or farming activities, must file for and obtain a permit for the proposed use.D. Permit By Rule (PBR) Approval. The PBR is approved once it is filed provided all applicable standards are met. If the PBR is found to be in non-compliance at any time after the filing date, the MDOT will notify the applicant who must remedy the non-compliance. In such instances, the MDOT may require conditions of approval as outlined in Section 3.3(C) and may limit the life of the entrance(s). If the applicant does not adhere to the conditions or correct the deficiencies, the MDOT may revoke the permit in accordance with the denial provisions of Section 3.3(E) and may commence enforcement action against the applicant in accordance with Section 3.6. 3.5.Reconsideration An applicant who is aggrieved by the MaineDOT permit decision, may request reconsideration by the Regional Manager but must do so in writing within 30 business days after receipt of MaineDOT's permit decision.
The request for reconsideration must set forth the findings and conclusions of MaineDOT to which the person objects, the basis of those objections, the nature of the relief requested, and whether a hearing is requested. If requested by the applicant, and if MaineDOT determines a hearing is warranted, a hearing will be held in the community where the subject property is located, ordinarily within 15 business days of receiving the reconsideration request.
The MaineDOT Regional Manager will issue a written decision, ordinarily within 15 business days of receiving the reconsideration request or, if a hearing is held, within 15 business days of the close of the hearing. The decision will set forth the Regional Manager's reasons for either affirming or modifying the original permit decision.
Appeal of a reconsideration decision must be made pursuant to section 3.7.
3.6.Violation & Penalty Any violation of this rule is subject to a fine of $100 per day per violation. Such fine begins to accrue 30 calendar days after the MDOT sends notice of the violation to the landowner by regular and certified mail, unless within said 30 day period corrective action has been taken, or a written plan outlining corrective action to be taken is submitted and approved by MDOT. If the landowner fails to take timely corrective action in accordance with such approved plan as reasonably determined by MDOT, the fine will accrue from the date of such failure.
Reconsideration of a notice of violation may be requested in accordance with Section 3.5. Appeal of a reconsidered violation must be made pursuant to Section 3.7.
3.7. Appeals Appeal of final decisions of the Regional Manager must be made in writing to the Commissioner within 15 business days of receipt of the reconsideration decision of the Regional Manager. The appeal decision of the Commissioner or his or her designee will be considered final agency action.
Judicial review of such final agency action must be in accordance with the Maine Administrative Procedure Act, 5 M.R.S.A. §11001, et seq. and Rule 80C of the Maine Rules of Civil Procedure.
(APA Office Note: electronic versions of the appendices, except Appendix H above, are not available at this time. Please contact the Department of Transportation for paper copies.)
17-229 C.M.R. ch. 299, § B-3