C.M.R. 17, 229, ch. 305, pt. 3

Current through 2024-51, December 18, 2024

Part 3 - PERMIT TYPES AND THRESHOLDS

The determination of all PCE Trips for the purpose of establishing application requirements shall be calculated with an approved methodology detailed in the MaineDOT Traffic Analysis Guidelines. Assistance in determining the Trip levels can be obtained by contracting with a traffic engineer licensed to do engineering work in the State of Maine. Staff at the nearest MaineDOT Region Office or the Augusta Headquarters - Division of Traffic Engineering (see chart in Part 4) can assist with identifying a qualified traffic engineer.

A.New Permits

A Traffic Movement Permit Application shall be obtained by:

1. The responsible party for any Project that is projected to generate 100 or more passenger car equivalents (PCE) trips during peak hour of Traffic generation; and

2. The responsible party for an occasional event that generates 100 or more PCE Trips during peak hours of Traffic generation for more than 30 peak hours a year.

B.Exempt Projects

The following types of Projects are exempt from MaineDOT review under these Rules because they are subject to review by the Maine Department of Environmental Protection:

1. Any type of Solid Waste Facility. ( 38 M.R.S. §1310-N )

2. Any type of Hazardous Waste Transfer or Storage Facility. ( 38 M.R.S. §1319-R )

3. Any Waste Oil Storage Facility and Biomedical Waste Facility. ( 38 M.R.S. §1319-X )

C.Modifications to Existing Permits

A Traffic Movement Permit Modification is a process used to reflect modifications in permit conditions, changes in ownership, changes in the Project description/scope, or changes in a Project's timeline. Traffic Movement Permit Modification is required if any of the following occurs:

1. Change in Applicant's/Owner's name prior to the Development being constructed.

2. Change in the Project description before the Development is constructed (this includes a change in the ITE Trip Generation Manual Land Use Code, changes in size of individual uses, increase in Trips, etc.).

3. Change in Project timeline if the new timeline extends more than 5 years past the original signed date of the TMP permit.

4. In connection with a Traffic Movement Permit Modification for a Project whose timeline is over the five-year time limit, MaineDOT reserves the right to require the Developer to re-submit information pertaining to Sections 1 thru 6 of the General Submission Requirements and a Notice of Intent to File. Additionally, the Developer may be required to attend a Scoping Meeting (unless MaineDOT waives this requirement as a part of the Expedited Review process).

5. Change in Passenger Car Equivalent Trips resulting in a total sum of generated Trips exceeding 100 Trips above permitted Trips after the original Development has been constructed or changes in any peak hour.

Modifications involving 100 or more additional passenger car equivalent Trips also must include updated information as set forth in Sections 1-6 of the General Submission Requirements and a Notice of Intent to File. This shall be submitted to MaineDOT with the application for permit modification. The Applicant will also be required to attend a MaineDOT Scoping Meeting (unless MaineDOT waives this requirement as part of the Expedited Review process). The need for an updated Section 7 Traffic Study will be determined at the Scoping Meeting. Modifications of TMPs for any reason will require payment of a modification fee of $500 to MaineDOT If an updated Section 7 Traffic Study is required, the Applicant will be required to pay an additional $1,500.

D.Delegated Review

23 M.R.S. §704-A allows municipalities to apply for Delegated Review. "Delegated Review" gives the municipality the authority to issue a Traffic Movement Permit if it has enacted an ordinance or regulation for reviewing Traffic Movement Permits that is consistent with the Chapter 305 Rules and Regulations Pertaining to MaineDOT's Traffic Movement Permit. To be approved, the municipality must demonstrate, to the satisfaction of MaineDOT, that it has the ability to administer and enforce its ordinance and regulations. Applicants should contact the Region Traffic Engineer at the numbers listed in the table in Part 4 to determine if the municipality where the Project is located has Delegated Review.

Delegated Review municipalities are not allowed to perform Expedited Review on any Projects submitted for their review.

C.M.R. 17, 229, ch. 305, pt. 3