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An Act To Amend the Laws Governing Access to State and State Aid Highways To Allow a Break in a Control of Access
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 23 MRSA §704, sub-§6, as amended by PL 2003, c. 571, §2, is repealed and the following enacted in its place:
 
6.  Access denied.     The Department of Transportation and the municipalities shall deny ingress to and egress from property abutting the highway when access rights have been acquired by the department, except that the Commissioner of Transportation:
 
A.  May allow access for the development of state highways and state aid highways;
 
B.  May approve a relocation of an existing break in a control of access consistent with the rules adopted pursuant to subsection 2; and
 
C.  Shall approve a break in a control of access if:
 
(1) The owner of property abutting the highway submits a request in writing to the commissioner for a driveway, entrance or approach within the right-of-way of a state highway or state aid highway;
 
(2) The department acquired access rights prior to August 11, 2000; and
 
(3) The commissioner finds that the requested break in a control of access will not have an undue adverse impact on the safety and efficiency of the operation of the highway.
 
SUMMARY
Under existing law, the Commissioner of Transportation may allow a break in a control of access of a highway for development of a state highway or state aid highway. This bill provides that the commissioner shall approve a break in a control of access if: the owner of the property abutting the highway submits a request in writing to the commissioner for a driveway, entrance or approach within the right-of-way of a state highway or state aid highway; the Department of Transportation acquired access rights prior to August 11, 2000; and the commissioner finds that the request will not have an undue adverse impact on the safety and efficiency of the operation of the highway.