H.P. 1311 - L.D. 1774
Resolve, Regarding Legislative Review of Chapter 299: Highway Driveway and Entrance Rules, Parts A and B, a Major Substantive Rule of the Department of Transportation
Sec. 1. Adoption. Resolved: That final adoption of Chapter 299: Highway Driveway and Entrance Rules, Parts A and B, a provisionally adopted major substantive rule of the Department of Transportation, that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized only if the rule is amended to:
1. Limit the application of the noncompact arterial provisions to arterials classified as retrograde arterials or arterial corridors between urban compact areas or service centers that average 5,000 vehicles per day with a posted speed limit of 40 miles per hour or more.
2. Clarify that entrance mitigation provisions apply only when the Department of Transportation determines that the proposed entrance will significantly impact public safety or cause a reduction in the posted speed limit.
3. Revise forestry and farm permit-by-rule provisions to clarify that only the minimum safe-sight standards apply to forestry and farm access. The rule must further clarify that the status of a proposed driveway or entrance as being for forestry and farm activities will be determined by the primary use of the proposed driveway or entrance.
4. Clarify that the limit on the number of entrances per lot on arterials is one 2-way or 2 one-way entrances unless the Department of Transportation determines that more entrances would be safer. The rule must provide an exception to this provision for forestry and farming activities.
5. Reduce and simplify the corner clearance provisions applicable to arterials to a minimum of 125 feet, which can be waived for driveways. The rule must clarify that the Department of Transportation may require greater corner clearance if the department determines it is necessary to prevent a significant impact on public safety or a reduction in the posted speed limit.
6. Simplify the shared-access provisions to clarify the conditions for landowner compliance.
The Commissioner of Transportation is not required to hold hearings or conduct other formal proceedings prior to finally adopting the rule in accordance with this resolve.
Effective September 21, 2001, unless otherwise indicated.
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