Maine § 23 §754 Town maintenance in compact areas

Maine Statutes

§ 23 §754 — Town maintenance in compact areas

Maine·Title 23 TRANSPORTATION·Part 1 STATE HIGHWAY LAW·Ch. 13 CONSTRUCTION, MAINTENANCE AND REPAIRS

1.Jurisdiction. Except as otherwise provided, all state and state aid highways within compact areas of urban compact municipalities, as defined in subsection 2, as determined by the department must be maintained in good repair by the town in which the highways are located at the expense of the town. Municipalities must be notified one year in advance of changes in compact or built-up sections that place additional maintenance responsibilities on the municipalities. Municipalities may waive the requirement of the one-year notice. When any town neglects to maintain the highways within 14 days after notice given its municipal officers by the department, the department may proceed to make necessary repairs to that way, which must be paid for by the State and the cost for the repairs must be w

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1.
Jurisdiction.
Except as otherwise provided, all state and state aid highways within compact areas of urban compact municipalities, as defined in subsection 2, as determined by the department must be maintained in good repair by the town in which the highways are located at the expense of the town. Municipalities must be notified one year in advance of changes in compact or built-up sections that place additional maintenance responsibilities on the municipalities. Municipalities may waive the requirement of the one-year notice. When any town neglects to maintain the highways within 14 days after notice given its municipal officers by the department, the department may proceed to make necessary repairs to that way, which must be paid for by the State and the cost for the repairs must be withheld from funds due the town under the Local Road Assistance Program, established in chapter 19, subchapter 6. The amounts collected from these towns must be added to the fund for maintenance of state and state aid highways.
2.
Urban compact municipalities and compact areas; opt-out provision.
Urban compact municipalities and compact areas are defined as follows and may opt out in accordance with this subsection.
3.
Good condition upon transfer.
When the responsibility for maintenance of a section of state or state aid highway is to be transferred to a municipality as a result of population growth, as determined using the decennial United States census, or the municipality meets the definition of a compact or built-up section under section 2, and when the municipality is not eligible to opt out of summer maintenance pursuant to subsection 2, paragraph C, the department shall prepare a capital and maintenance plan to ensure that the section of state or state aid highway is in good repair at the time of transfer. The plan must be developed in consultation with the affected municipality. For the purpose of this subsection, "good repair" means actions intended to reasonably avoid nonroutine maintenance activities for a minimum of 10 years and includes consideration of ditching, culverts, major structural defects and pavement condition ratings of 3.3 or higher as determined by the department.

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Legislative History

PL 1971, c. 593, §22 (AMD). PL 1975, c. 133 (AMD). PL 1981, c. 492, §C6 (AMD). PL 1981, c. 588, §1 (AMD). PL 1989, c. 46, §2 (AMD). PL 1997, c. 539, §1 (AMD). PL 1997, c. 539, §2 (AFF). PL 1999, c. 473, §C3 (RPR). PL 2007, c. 417, §1 (AMD). PL 2011, c. 652, §2 (AMD). PL 2011, c. 652, §14 (AFF).