17-229 C.M.R. ch. 210 – Utility Accommodation Rules

These rules govern the accommodation of Facilities within the limits of state and state-aid highways. They also govern the accommodation of Facilities in Compact Areas when municipalities have not adopted more stringent local rules [35-A MRS §2503 (21)]. The intent of these rules is to provide administrative procedures and establish minimum requirements governing the location, method of installation, maintenance, adjustment and relocation of the accommodated Facilities. Within the limits of state and state-aid roads these rules supersede less stringent MPUC location standards.

These rules have been developed to protect the safety of the public and to safeguard the integrity and capacity of highway infrastructure in the state of Maine even while accommodating the convenient and economical placement of Facilities that also benefit the public welfare. These rules are authorized by 23 MRS §52 and 35-A MRS §2503 (16) and are further required by 23 CFR 645.211.

For capital improvement projects on state and state-aid Highways in Compact Areas, Compact Municipalities must coordinate with MaineDOT during project design to establish utility locations and/or relocations, any utility permitting [23 MRS §52] required by the Municipality, and any pavement restoration requirements. MaineDOT retains overall jurisdiction for utility location or relocation during design and construction of MaineDOT projects so that the primary highway purpose and maintenance are not hindered, restricted or otherwise impaired.

While uses such as the placement of utility facilities are permitted in the state’s Right-of-Way in the public interest, Maine law is clear that highway purposes are paramount on state and state aid highways and that highway fund dollars can be dedicated only to highway purposes. Utilities placing their facilities within the limits of state and state-aid highways subject to these Utility Accommodation Rules do so at their own risk without any liability on the part of Maine DOT.

SECTION 2. SCOPE

As of the effective date of these rules, the location standards defined herein shall apply to all new Facilities and any additions, alterations, adjustments, relocations or replacements of existing Facilities and Appurtenances within the limits of state and state-aid Highways. Unless specifically stated otherwise, these rules are not intended to require the adjustment of existing Facilities or Appurtenances that do not constitute a safety hazard to the traveling public or do not conflict with the use, construction or maintenance of the Highway. Notwithstanding the foregoing, the duties and responsibilities set forth in Section 7, Facility Maintenance Obligations, apply to all Facilities and Appurtenances, whether existing or proposed.

The standards defined herein supersede MaineDOT’s Policy on Above Ground Utility Locations, Policy on Tree Maintenance by Utilities Within the Public Right-of-Way, Utility Location Permits - Preparation of Application for a Utility Location Permit - Basic Requirements, MaineDOT Highway Opening Permit Policy, Permit-By-Rule Regulations for Aboveground Utility Facilities [17-229 CMR Chapter 205] and all prior versions of the MaineDOT Utility Accommodation Rules.

Throughout these rules, cross-references to MRS, CFR and other sources have been shown in brackets [ ]. Although the specific wording in these rules may occasionally match that which is used in the source materials, the intent is to cross-reference the contributing source(s) and not to imply duplication or interpretation of the source material.

SECTION 3. ABBREVIATIONS

The following abbreviations used in these rules shall be interpreted as follows:
1. AADT - Average Annual Daily Traffic
  1. AASHTO - American Association of State Highway and Transportation Officials.
    ADA – Americans with Disabilities Act
    APWA - American Public Works Association
    ASTM - American Society for Testing and Materials
    COA - Control of Access Syn: Controlled Access
    CFR - Code of Federal Regulations
    CL - Centerline
    CMR - Code of Maine Regulations
    DEP - Department of Environmental Protection
EP - Edge of Pavement
ES - Edge of Shoulder
ETW - Edge of Traveled Way
FAPG - Federal-Aid Policy Guide - United States Department of Transportation.
FHWA - Federal Highway Administration
FOC - Face of Curb
HCP - Highway Corridor Priority
HMA – Hot Mix Asphalt
LCP – Light Capital Paving
MaineDOT - Maine Department of Transportation
MPUC - Maine Public Utilities Commission
MRS - Maine Revised Statutes
MUTCD - Manual on Uniform Traffic Control Devices (published by the FHWA under 23 CFR Part 655, Subpart F)
NESC - National Electrical Safety Code (Published by the Institute of Electrical and Electronics Engineers, Inc.)
NHS - National Highway System
PBR - Permit-By-Rule
R/W - Right-of-Way
TCP - Traffic Control Plan
TW - Traveled Way
USC - United States Code
USDOT - United States Department of Transportation

SECTION 4. DEFINITIONS

The following terms used in these rules shall be interpreted as follows:

Appurtenance - Any manhole, pull box, junction box, Vent, riser, anchor, guy wire, push brace or other incidental component of a Utility system, whether aboveground or below ground, excluding Facilities.
1. APWA Uniform Color Code - Red = Electric; Yellow = Gas-Oil-Steam; Orange = Communication-CATV; Blue = Potable Water; Purple = Reclaimed Water; Green = Sewer; Pink = Temporary Survey Markings; White = Proposed Excavation
  1. Authorized Entity – any entity authorized to place and maintain Facilities within the Highway limits.
    Backfill - Replacement of soil around and over a Facility or Appurtenance.
    Backslope - The graded slope between the centerline of ditch and the original ground, located on the side of the ditch opposite the Traveled Way. Ref. Appendix – Typical Cross Section Elements
    Bridge - A structure designed to carry pedestrians, vehicles, trains or other modes of transportation over another transportation corridor, water, or other physical barrier having a single span of at least 10 feet between supports or a combined open area of 80 square feet for multiple structures (i.e. multiple culverts). For the purpose of these rules, this term shall include both bridges and minor spans as defined in 23 MRS §562.
    Casing - Pipe or other separate structure around and outside an underground Facility that is designed to support the dead loads of the Highway and superimposed loads thereon, including that of construction machinery.
    Clear Zone - A Recovery Area established through consideration of traffic volumes, speed, recoverable and non-recoverable slopes, and roadside geometry and as applied through procedures defined in the Roadside Design Guide published by AASHTO and, further guidance as provided in MaineDOT Engineering Instructions and revisions thereto.
    Commissioner - The Commissioner of MaineDOT.
    Communication Lines - The conductors and their supporting or containing structures that are used for public or private signal or communications service which operate at potentials not exceeding 400 V to ground or 750 V between any two points of the circuit, transmitted power of which does not exceed 150 W. When the conductors are operating at less than a nominal voltage of 90 V, no limit is placed on the transmitted power of the system. Under specified conditions, communication cables may include communication circuits exceeding the preceding limitation when such circuits are also used to supply power solely to communications equipment. Note: Telephone, telegraph, Railroad signal, data, clock, fire and police alarm, cable television and other systems conforming with the above are included. Lines used for signaling purposes, but not included under the above definition, are considered as (electric) supply lines of the same voltage and are to be so installed. [NESC]
    Compact Area - An area in which a Municipality has the responsibility for maintenance of state and state-aid roads. Factors that define a Compact area are specified in 23 MRS §754. A current list of Municipalities having Compact Areas is available on the MaineDOT Utilities Website.
    Conduit - A structure containing one or more Ducts. [NESC]
    Construction Season – The portion of any calendar year in which most Utility or Highway construction occurs (typically April through November).
    Controlled Access - A type of Right-of-Way where all rights of access have been acquired from the abutting property owners. MaineDOT has the full power and authority to lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate the use of all Highways so designated. [23 MRS Chapter 7]
    Coordination Meeting - A meeting that is held to discuss project specifics and concerns with the representatives of Authorized Entities having proposed or existing Facilities in the General Area of a Proposed Installation or a Highway construction project.
    Cover - Depth of material between the top of a Facility or Appurtenance and the finished grade of the Highway.
    Curb - A raised strip of bituminous, concrete or granite that is located at the Edge of Shoulder for surface drainage.
    Day(s) - Calendar days. Each day shown on the calendar including Saturdays, Sundays and holidays.
    Department - The State of Maine Department of Transportation.
    Direct Burial - Installing a Facility underground without Conduit, Duct, Sleeve or any type of Encasement.
    Duct - A single enclosed raceway for conductors or cable. [NESC]
    Edge of Pavement - (EP) - The outside edge of the paved portion of the Highway constructed and surfaced for normal travel, including any surfaced Shoulders but excluding sidewalks. Ref. Appendix – Typical Cross Section Elements
    Edge of Shoulder - (ES) - The outside edge of the Shoulder not adjacent to the Traveled Way. This term may be used whenever a Shoulder exists, regardless of whether or not the Shoulder is surfaced with hot bituminous pavement. Ref. Appendix – Typical Cross Section Elements
    Edge of Traveled Way - (ETW) - The outer edge of the outmost lane intended for vehicular traffic and exclusive of shoulders and some turning lanes which will be evaluated individually. The ETW is often indicated by a solid white edge line that exists between the Traveled Way and the Shoulder. In the absence of a painted edge line, the Traveled Way width is assumed as 12 feet from centerline for all Corridor Priority 1 highways or 11 feet from centerline for Corridor Priorities 2 through 6, unless otherwise directed by MaineDOT. Ref. Appendix – Typical Cross Section Elements
    Electric Supply Lines - Those wires, conductors, and cables used to transmit electric energy and its necessary supporting or containing structures, equipment, and apparatus used to provide public or private electric supply [NESC]. For the purposes of these rules, the term Electric Supply Lines includes transmission, distribution and Service lines.
    Encasement - Structural element surrounding a Facility (Ref. “Casing”).
    Excavation – Any operation involving the intentional displacement of earth, rock, or pavement surface within the limits of the Highway.
    Facility - “Facilities” means: A) If under the surface of the Public Way, pipes, cables and Conduits; and B) If on or over the surface of the Public Way, poles, hydrants, cables, wires and any plant or equipment. [35-A MRS §2502] For the purposes of these rules, “Facility” shall also include wireless components and all components of a system not covered by the definition of Appurtenance.
    Federal-Aid Highway Projects – As defined in the most current version of 23 CFR 645.
    Financial Assurance – A Surety Bond, Letter of Credit or Escrow Account that is set up in the amount of the estimated Impact Value to provide MaineDOT with a mechanism to ensure that reparations to the Highway are completed in an appropriate manner. Financial Assurances are held for one year after the completion of work to ensure that no unforeseen settlement or other Pavement Structure distress occurs.
    Flow Area - The strip of land that includes the full width of a ditch line, plus the bottom 2 feet of both the Inslope and Backslope. For example, a flat bottom ditch with a width of 2 feet results in a Flow Area width of 6 feet. Since a standard “V” ditch has no width, the Flow Area has a total width of 4 feet. Ref. Appendix – Typical Cross Section Elements
    Freeway - The highest type of arterial Highway with full Controlled Access. Essential Freeway elements include: Medians, grade separations at cross streets, ramp connections for entrance to and exit from the Traveled Way, and, in some cases, frontage roads [AASHTO, A policy on Geometric Design of Highways and Streets]. Examples of Freeways in Maine include the Interstate system and the portion of Route 1 between Brunswick and Bath.
    General Location - The location along a Highway to be occupied or crossed by a Proposed Installation. Descriptions of a General Location must include a distance from the center of an appropriate Reference Point to the beginning or end of the Proposed Installation, reference to the county and Municipality in which the Proposed Installation will be installed and the relevant Highway name(s) and route number(s) (as applicable).
    Hazardous Transmittant - A substance or material which has been determined by the Federal Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. [49 CFR 121.8].
    Highway - A Public Way including all of the Right-of-Way that may have been laid out by the State, county or town. [23 MRS §2 (2)] Ref. Appendix – Typical Cross Section Elements; Syn: street, road
    Highway Corridor Priority (HCP) – A highway classification system used by MaineDOT to classify all roadways in the state. The classification system has designations for Corridor Priorities 1 through 6, with Priority 1 corridors being the most critical.
    Highway Opening Permit - A permit that authorizes making any underground installation as provided in chapter 23 (Title 35-A MRS) and Title 23, sections 54 and 3351 to 3359. [35-A MRS §2503 (14)]
    Highway Structure - A general term referring to any part of the Highway that has been designed and constructed with structural considerations to serve a specific highway purpose. Included under this term are Bridges, retaining walls, major drainage structures (not including standard catch basins or culverts), street light poles, traffic signal poles, traffic strain poles, traffic signal mast arms, overhead sign trusses, and other similar structures.
    Impact Value – An estimated value that provides a consistent basis for quantifying the extent and type of impact associated with a proposed Excavation within the limits of the Highway. This serves as a basis for calculating fees and for determining when an escrow, bond or letter of credit may become necessary.
    Inslope - The graded slope between the Edge of Shoulder and the centerline of an adjacent ditch or the bottom of the slope. Ref. Appendix – Typical Cross Section Elements
    Interstate - A Highway on the National System of Interstate and Defense Highways having Freeway characteristics.
    Licensing Authority - "Licensing Authority" means: A) MaineDOT when the Public Way is a state, or state-aid Highway, except for state or state-aid Highways in the Compact Areas of urban compact municipalities as defined in Title 23, section 754; B) The municipal officers or their designees, when the Public Way is a city street or town way or a state or state-aid Highway in the compact areas of urban compact municipalities as defined in Title 23, section 754; and C) The county commissioners, for all other Public Ways. [35-A MRS §2502 (1)] MaineDOT is the Licensing Authority for Bridges and Controlled Access Highways, including those within Compact Areas, because of MaineDOT’s maintenance responsibility for these assets.
    Light Capital Paving – A thin pavement overlay with minor shim in areas. This level of paving treatment is intended to be a holding action.
    Location Permit - A permit that sets conditions for and authorizes the location of an Authorized Entity’s Facility within the Right-of-Way limits in accordance with 35-A MRS Chapter 25.
    Median - The portion of a divided Highway separating the traveled ways for traffic in opposite directions.
    MaineDOT - The State of Maine Department of Transportation.
    MaineDOT Project - Any capital improvement of a transportation facility administered by or funded through the Maine Department of Transportation. This does not include maintenance activities.
    Monopole Installations - Monopole Installations include any Microcell, Transport Facilities, Small Cell, and Distributed Antenna System technologies installed on Utility Pole Structures or self-supporting towers greater than 50 feet in height. Taller monopole installations ranging in height between 75 and 120 feet are typically constructed on large diameter concrete foundations.
    Multiple Pole Lines - Two or more sets of Utility poles located along a Highway for the conveyance of transmission or distribution wires or cables, not including service lines.
    Municipality - A city or town. [30-A MRS §2001 (8)]
    National Highway System - Interconnected urban and rural principal arterials and highways (including toll facilities) that serve major population centers, international border crossings, ports, airports, public transportation facilities, other intermodal transportation facilities and other major travel destinations. These arterials and highways must meet national defense requirements; and serve interstate and interregional travel. All routes on the Interstate System are a part of the National Highway System [23 CFR 470]. The NHS Highways in the State of Maine are currently shown on the Map Viewer that is available on the MaineDOT website.
    National Standards - Any standards that have been developed and adopted to apply throughout the United States to specifically address Facilities of a defined type. Specific examples include the USDOT Pipeline Safety Regulations and the NESC.
    Out-of-Service Facility - A Facility or Appurtenance that is disconnected from the system and not intended to be used in the future by the operating Authorized Entity. Such Facilities may also be considered “abandoned” by the MPUC.
    Pavement Overlay - A MaineDOT Project with a scope consisting of placing new pavement over an existing paved highway surface without realignment of any part of the centerline or additional widening. A “mill and fill” pavement overlay is similar but begins with a grinding operation to remove the old pavement surface before new pavement is placed.
    Pavement Structure - The portion of the Highway specifically designed or designated to support vehicular travel including the full width of Traveled Way, the full width of adjacent Shoulders, and the area beyond the Edge of Shoulder to the limits of Subgrade. Ref. Appendix – Typical Cross Section Elements
    Preliminary Engineering - The locating, making of surveys, soil and foundation investigations, and the preparation of plans, specifications and estimates in advance of construction operations.
    Private Entity – A private organization or individual, other than a Utility, that owns, operates, controls and maintains Facilities for its own use.
    Private Facility Exception License - A license from MaineDOT (formerly called a Letter of No Objection) that acknowledges a private Facility within the Highway limits and states that MaineDOT currently has no objection to the Facility being so located. There are no continuous rights conveyed with this license, and MaineDOT may require modification, relocation or complete removal of the private Facility and Appurtenances at any time. The private Facility owner bears all costs and risks relating to the Facility and Appurtenances and is liable for any damage the Facility or Appurtenances may cause.
    Project Manager – The Department’s duly authorized representative for overall coordination of a project.
    Proposed Installation - Facilities proposed to be constructed within a Highway, including future replacements, additions and associated services planned within the next five years to the extent that they are known by the applicant at the time of application.
    Public Way - Any road capable of carrying motor vehicles, including, but not limited to, any state Highway, municipal road, county road, unincorporated territory road or other road dedicated to the public. [23 MRS §1903 (11)]
    Railroad - "Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. [23 MRS §5001 (1)]
    Railroad Company - Every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. [23 MRS §5001 (2)]
    Recovery Area - The unobstructed portion of the Highway beyond the Edge of Traveled Way that is preserved to provide drivers of errant vehicles a reasonable opportunity to stop safely or otherwise regain control.
    Reference Point - A point on the face of the earth that is easily identified on most street maps and on the ground or a point defined from MaineDOT’s inventory of roads, Bridge or node numbers. Acceptable examples of these include town lines, major intersections, major stream crossings, Railroad crossings, or Bridges.
    Region – One of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules. A map of the current Region areas is available on the MaineDOT Utilities Website.
    Region Engineer - The MaineDOT engineer assigned to one of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules.
    Resident – The Department’s on-site representative.
    Right-of-Way – (R/W) - Real property or interests therein, acquired, dedicated or reserved for the construction, operation and maintenance of a transportation facility and other related facilities.
    Scenic Byway - A Highway having special scenic, historic, recreational, cultural, archeological, and/or natural qualities that have been recognized as such through legislation or some other official declaration. The terms State Scenic Byway, National Scenic Byway, or All-American Road are designations included under this general term. [FHWA Docket No. 95-15 & 23 M.R.S. §4206 (G)]
    Service - A Facility that connects a single customer to a Utility distribution system or network.
    Shoulder - That portion of the Highway contiguous with and adjacent to the traveled way that provides lateral support to base and surface courses and can support vehicles. Ref. Appendix – Typical Cross Section Elements
    Sleeve - A larger pipe enclosing a Facility. Also see “Casing”.
    Special Materials - A general term referring to any materials that have been designed specifically to treat special or unique conditions of the Highway. Included under this term are geotextiles, geofoams, lightweight fills, tire chips and other similar materials. This term is not intended to apply to any structures covered under the terms “Highway Structure” or “Pavement Structure”.
    Specific Location Plan - A plan that indicates the location of Facilities and significant Appurtenances (such as manholes, vaults, and guys) along a Highway. The plan may or may not be drawn to scale, but must provide dimensions to accurately identify the location of a Proposed Installation. Longitudinal distances are provided between control points, bends, manholes, poles, and other similar features. Horizontal offset distances are provided from the centerline of the Traveled Way, nearest Edge of Traveled Way, nearest Edge of Shoulder, face of Curb, or other well defined, applicable reference points. Offsets are measured from the centerline of underground installations or to the Traveled Way side of aboveground installations. The Edge of Traveled Way, Right-of-Way lines (assumed or otherwise), and other pertinent Highway features shall also be indicated on this plan.
    Subgrade - The graded portion of a Highway upon which the Pavement Structure is constructed to support vehicular travel. Subgrade exists as a plane located parallel to and at a specified depth below the surface of the Traveled Way. This plane extends horizontally, at the same cross-slope as the Traveled Way, to the intersection with the Inslope or the centerline of ditch, whichever is closer to the Traveled Way centerline. Where no ditch is present, the horizontal limit of Subgrade is one foot beyond the Edge of Shoulder or face of Curb. The depth of Subgrade from the centerline of the Traveled Way surface is based upon the design of the Pavement Structure. On Highways that lack a defined Subgrade or have a Subgrade of less than 12 inches below the bottom of the pavement layer, a minimum depth of 12 inches below the pavement layer will be used. Ref. Appendix – Typical Cross Section Elements
    Traffic Control Plan (TCP) - A plan, prepared in accordance with the MUTCD, which indicates the type and placement of traffic control devices to be used around and within work areas on Public Ways. This plan shall meet the requirements of MaineDOT Standard Specification 652.3.3, Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control Plan may be designed and stamped by a Professional Engineer registered in the State of Maine, provided all other requirements of MaineDOT Standard Specification 652.3.3 are met. This plan must be based on actual site conditions and must clearly indicate the type, location and number of signs, the use of message or arrow boards, the use of police officers or flaggers, and any other information relating to maintaining the safe and efficient flow of traffic as required in MaineDOT Standard Specification 652.3.3.
    Traveled Way (TW) - That portion of a Highway designated for the use of vehicular traffic excluding any Shoulders, sidewalks or parking spaces. Ref. Appendix – Typical Cross Section Elements
    Trenchless Installation Methods - Any process through which a pipe, Casing or other Facility is installed underground without using an open cut. This term includes: tunneling, pipe jacking, microtunneling, pipe bursting, directional drilling, auger boring, guided boring, and pipe ramming.
    Utilities Website - The website maintained by MaineDOT for the purpose of providing current data to Utilities.
    Utility – For purposes of these rules, Utility consists of:

Public utilities that are regulated by the Maine Public Utilities Commission.
Such other entities authorized to locate their facilities in, upon, along, over, across or under the public ways of this State by Chapter 23 of Title 35-A of the Maine Revised Statutes, if such entities are providing services to the general public or to regulated Public Utilities.

These entities consist of every public or private entity that operates telephones or transmits television signals; that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; that makes, generates, sells, distributes and supplies gas or electricity; every water or sewer company, district or system owned or operated by a public or private entity; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35 (Title 35-A MRS); the University of Maine System, for purposes described in 35-A MRS §2301-A; and any other public or private entity engaged in telecommunications or the transmission of heat, or electricity. [35-A MRS §2501].
1. Utility Coordinator - The MaineDOT person responsible for coordinating Authorized Entity Facility locations or relocations.
  1. Utility Pole – A single wooden pole that has a diameter no greater than 18”, and a circumference no greater than 56 ½”, at the installed ground level. When the generic term “pole” is used, Utility Poles shall be included.
    Utility Pole Structure – Other pole structures of any size constructed of steel, concrete, laminated wood, composites, or other materials, and any wooden poles with diameter and circumference greater than 18” and 56½”, respectively, used to carry or support facilities that do not fit within the definition of a Utility Pole. When the generic term “pole” is used, Utility Pole Structures shall be included.
    Vent - An Appurtenance to discharge gaseous emissions from a Casing.
    Wireless Technology Facilities – Wireless Technology Facilities include, but are not limited to, a number of various wireless broadband transmission methods, such as, Microcell, Transport Facilities, Small Cell, and Distributed Antenna Systems, as well as any attendant support facilities such as fiber cable and electric power.

SECTION 5. LOCATION PERMITS

1. Location Permits Required/Not Required

A Utility may not construct new Facilities within the limits of a Highway without applying for and obtaining a Location Permit from the applicable Licensing Authority except as specified herein. [35-A MRS §2501, 23 CFR 645 Subpart B]. Private Entities may not apply for or obtain a Location Permit.

A. Location Permit Required

A Location Permit is required in each of the following circumstances:
1. (1) New Facilities
  1. All new Facilities except as specifically exempted in Section 5(1)(B), Location Permit Not Required;
    1. (2) Certain Facilities Within Compact Areas
      Although municipalities are the Licensing Authority for state and state-aid highways within urban Compact Areas and along local roads, the following situations require separate permitting through MaineDOT. MaineDOT will coordinate with Compact Area municipalities in these situations particularly with regard to municipal planning, historic districts and character, including any locally adopted ordinances that establish aesthetic requirements for Monopole, Utility Pole Structure or tower installation:

New or relocated Facilities within the limits of a Controlled Access state or state-aid Highway;
New or relocated Facilities within the Highway Right-Of-Way installed on, under or within 25’ of a state-maintained Bridge. State-maintained bridges may exist on state or state-aid Highways or on local roads and can be viewed on the MaineDOT Map Viewer, located on MaineDOT’s website;
Any proposed Monopole Installation, Utility Pole Structure or tower proposed within the limits of a state or state-aid highway.

(3) Facilities Around Bridges
1. In addition to the bridges within Compact Areas described above, all new or relocated facilities installed on, under or within 25’ of state maintained Bridges outside of Compact Areas. State maintained bridges may be found on the state or state-aid system, or on Town Rights-Of -Way. State maintained bridges may be viewed on the MaineDOT Map Viewer;
  1. (4) Replacement Poles and Underground Facilities
    1. Replacement of the following, regardless of whether those Facilities were previously permitted or deemed legal structures in accordance with 35-A MRS §2309:

Replacement of any Utility Pole Structure(s);
Replacement of more than 5 Utility Poles located within 5 miles of each other along the same highway corridor within the same year, or
Replacement of more than 150 feet of underground Facilities.

For the purposes of this Section, Facilities that exceed these limits are hereby considered new Facilities and not “replacements” or “additions” under 35-A MRS §2503 (9).
1. (5) System Components
  1. Installation of cabinets, transformers or other similar system components that are mounted on pads or multiple poles, not to include standard pedestals or those that are supported on an existing, single pole. Replacement of such Facilities requires permitting only if the existing supporting pad or poles are to be replaced.
    1. (6) Facilities Damaged by Vehicles
      Replacement of any aboveground Facility or Appurtenance resulting from damage caused by a vehicle two or more times within the past 12 months.

B. Location Permit Not Required

A Location Permit is not required in the following circumstances, providing the Facility or Appurtenance being installed meets the standards defined herein unless otherwise specified. Where an exception is required, an application shall be submitted in accordance with Section 5(2), Application Process.
1. (1) Attaching Wires, Cables and Appurtenances

Attaching additional wires, cables or Appurtenances to existing poles, providing the Utility making such attachment has permitted or legally located Facilities under 35-A MRS §2309 upon all of the same poles.

(2) Services

Services, as defined in 35-A MRS §2503 (10);

(3) Replacement Utility Poles and Underground Facilities

Replacement of up to 5 Utility Poles within 5 miles of each other along the same highway corridor within the same year, or replacement of up to 150 feet of underground Facilities within the location tolerance as specified in Section 5(4), Installation in Conformance with a Location Permit, with respect to the original location of the Facilities being replaced. Utility Poles replaced under this Section are not required to meet the corridor offsets as specified in Section 11(2)(C), Minimum Corridor Offsets for Utility Poles. Utilities shall not replace Facilities in greater amounts than authorized herein by dividing projects with one primary engineering purpose into multiple, smaller projects.

(4) Existing Conduit

New wires or cables in existing conduit that is either permitted or legally located under 35-A MRS §2309;

(5) Emergency Replacements

Replacement of Facilities that present an immediate hazard or are needed to restore utility service, providing after-the-fact permitting occurs within 60 days when required;

C. Highway Opening Permits

Applicants are advised that, depending upon the type of installation proposed, a separate Highway Opening Permit might also be required from the applicable Licensing Authority.

2. Application Process [35-A MRS Chapter 25]

This Section outlines the application procedures for Location Permits on all Highways and Bridges for which the Maine Department of Transportation is the Licensing Authority. There are two processes available to obtain these Location Permits: Statutory Application Process and the Permit-By-Rule process that was established for certain Utility Pole and attachment installations. MaineDOT reserves the right to require additional information on any applications as necessary.

A. Statutory Application Process [35-A MRS §2503]

The Statutory Application Process may be used by all Utilities to apply for a Location Permit.

(1) Submission Requirements

To obtain a Location Permit through the statutory application process, a Utility or authorized agent must first submit a completed application to MaineDOT that includes each of the components listed below. A single application may include multiple Facilities of the same type, provided the general and specific location of each Facility is clearly noted on the application and the Facilities are located along the same road or route, within adjacent towns.

(a) Completed Application Form(s): A blank application form is available on the Utilities Website. Applications shall provide the following information:

(i) Description of the General Location: The description of the General Location shall be as defined in Section 4, Definitions. Alternatively, if the Proposed Installation involves only attachment to existing poles and a permit is required, the description may simply reference the MaineDOT Location Permit number issued to the owner of the poles.

(ii) Description of the Proposed Installation: The description of the Proposed Installation shall be as defined in Section 4, Definitions, and shall include, as appropriate, the type of installation, the size of pipes, the number and kind of poles, voltage and number of phases, and the number of cables, anchors and guys. This Section is not intended to limit future additions as authorized by Section 5(1)(B)(1), Attaching Wires, Cables and Appurtenances.

(iii) Minimum Depth Below / Height Above Ground: The minimum Cover for underground Facilities or the minimum height above the Highway surface for aerial wires and cables.

(iv) Maximum Operating Pressures: The maximum operating pressure must be stated for pressurized pipelines

(v) Statement of Intent to Publish [35-A MRS §2503 (2,3,4)]: If a Proposed Installation involves the construction of Electric Supply Lines carrying over 50,000 volts (phase to ground) or the installation of a cabinet, transformer(s) or other similar structure(s) mounted upon a pad or multiple poles, public notice is required. Otherwise, public notice of a Proposed Installation is at the applicant’s option. If published, the applicant shall include the text of the application at least one time in a newspaper circulated within the Municipality (or Municipalities) where the Proposed Installation is located. The publication shall include a statement informing any person owning property that abuts the applicable Public Way of their right to file a written objection with the Licensing Authority within 14 days after publication. Evidence of publication shall be submitted to MaineDOT before a permit can be issued. If not published, the application will be processed and objections filed in accordance with 35A MRS §2503 (3). Objections received in this manner could result in the applicant being required to relocate the Facility and all Appurtenances at its expense.

(vi) Owner's Signature: The owner or operator of the Proposed Installation must sign the application. Any person signing on behalf of the owner or operator must provide evidence of authorization to sign.

(vii) Construction by Others: If a Proposed Installation is to be constructed by a person or entity other than a Utility, that person or entity shall include a signed letter with the application acknowledging complete responsibility for the Proposed Installation until such time as the Facility is conveyed to a Utility. In no case shall a Proposed Installation constructed by others be connected to a Utility system or network prior to such conveyance unless otherwise permitted.

Applications submitted in this manner shall be signed by the Utility to indicate its agreement with the location of the proposed Facility and its intent to accept the Facility upon completion of construction. If a Location Permit is issued, it will include a special condition acknowledging construction by a non-Utility.

(b) Specific Location Plan(s): The Specific Location Plan must conform to the definition in Section 4, Definitions. A separate Specific Location Plan shall be submitted for each proposed Facility. Specific Location Plans shall be submitted on standard letter, legal size or 11-inch by 17-inch sheets (for archive purposes) with no more than two Highways being shown on one sheet.

If the Proposed Installation involves wire attachment to existing poles and a permit is required, the plan may simply locate the starting and ending points in relation to any of the major features indicated in the General Location. Offsets to existing poles are not necessary in this situation.

Similarly, If the Proposed Installation involves sporadic attachments to existing poles that are located along a single corridor, within adjacent towns, the plan may simply locate the starting and ending points and include a list of the poles and corresponding coordinates that are associated with the application. Offsets to the existing poles are not necessary.

(c) General Location Map: For each Proposed Installation, the Utility must submit an accurate area map. Examples include MaineDOT Map Viewer plan available on the MaineDOT website, MaineDOT Highway plan or U.S.G.S. quadrangle.

(d) Supporting Data: All applications must also contain statements that clearly indicate the following:

(i) Whether joint use or ownership of the Facility is anticipated within a year of the date of initial installation.

If the Proposed Installation involves attachment to the poles of another Utility, a copy of the lease or agreement showing evidence of the right to occupy the poles shall be included with the application. Alternatively, the application may also be signed by the Utility that owns the poles.

(ii) Whether there are any existing Facilities of others located within the minimum clearance offset specified in Section 9(1)(I), Clearance Between Facilities;

(iii) That a copy of the application has been submitted to the municipal clerk of each Municipality or the clerk of the County Commissioners in the case of unorganized townships where the Facility is located; and

(iv) The name, address and telephone number of a person who will be available to answer questions regarding the application and to review the Proposed Installation on-site.

(e) Special Materials: If any part of the Proposed Installation is to be made within an area constructed with Special Materials the application must include plans showing the location, method of construction, clearances and other data pertinent to how the Proposed Installation may impact those areas.

(f) Attachment to MaineDOT Highway Structures: If any part of the proposed installation of Facility is within 25 feet of a Bridge or proposed to be attached to a Bridge or other Highway Structure, the application must include plans showing the location, method of construction, clearances and other data pertinent to the Proposed Installation. Please refer to Section 11(1)(C), Use of Existing Department Poles or Structures for additional information regarding attachments to MaineDOT Poles or Structures.

(g) Traffic Control Plan: Any work proposed within the limits of a Freeway shall include a Traffic Control Plan as defined in Section 4, Definitions. Specific requirements are further described within Section 7(7)(B), Freeways.

(2) Processing

The application shall be submitted to MaineDOT at the address provided on the application form. A complete copy shall also be submitted to the municipal clerk of the Municipality or the clerk of the county commissioners in the case of unorganized townships where the Facility is located. The application will be reviewed with primary consideration given to the standards defined within this rule; however, specific site conditions, proposed work in the same General Location, public comments, or other concerns of MaineDOT will also be considered. Permits will normally be processed within 30 Days; however, up to 60 Days is permissible. [35-A MRS §2503 (19)]

(3) Completion Confirmation

Upon completion of its review of the application, MaineDOT will send the Utility a Completion Confirmation Form along with an approved Location Permit with conditions if applicable. Upon completion of the installation of a permitted Facility, the Utility shall return the completed form to MaineDOT, stating that all work has been completed in accordance with the specified permit. If field modifications were necessary or the scope of the original project was reduced, amended sketch plans from the original permit shall be submitted to indicate the changes. If field changes beyond the tolerance specified in Section 5(4), Installation in Conformance with a Location Permit, were necessary, the name of the MaineDOT representative and the date of all applicable approvals shall be indicated on the form. All amendments submitted as described above shall be deemed accepted by the MaineDOT unless MaineDOT notifies the Utility otherwise within 60 days of receipt.

B. Facility Locations or Relocations Authorized Through MaineDOT Projects

Locations or relocations of Facilities authorized through MaineDOT Projects are permitted through the coordination process that occurs in the Preliminary Engineering phase of a MaineDOT Project. Through this process, the Utility Coordinator and a representative from the Utility work together to determine the best location for the proposed or relocated Facilities. The Utility then designs its Facilities and Appurtenances in accordance with the accommodation standards defined within these rules or as otherwise authorized by MaineDOT. Once all available information regarding the new location of the Facilities is submitted to and accepted by MaineDOT, a Location Permit for the relocated facilities will be issued to reflect the change and to evidence the legality of the new location. This paragraph shall only apply to Facilities that must be relocated because of the MaineDOT Project. New Facilities (not replacement Facilities) must be permitted as otherwise described herein. [35-A MRS §2503 (8)]

C. Permit-By-Rule (PBR)

(1) Applicability
1. The Permit-By-Rule process is not available within Freeways, Controlled Access corridors or Scenic Byways.
  1. Pursuant to 35-A MRS §2503(8), the PBR rules do not apply to the following:

relocation of facilities when the relocation is required because of the construction, reconstruction or relocation of the roadway;
Utility Pole Structures or any other type of pole requiring reinforcing foundations along or adjacent to the pole base regardless of foundation material type;
any pole line carrying over 50 kV;
any poles or wires that do not meet all of the requirements defined in Section 11, Aboveground Installations (e.g. substandard spacing/clearances, replacement poles proposed to be closer to the road, poles not meeting minimum offsets, etc.);
poles that exist at greater offsets in accordance with Section 11(2)(C), Minimum Corridor Offsets for Utility Poles;
or any officially designated historic districts or areas regardless of Compact Area status.

When utilizing the Permit-By-Rule process, Utilities remain subject to all of the responsibilities and liabilities set forth in 35-A M.R.S. §2503 as specified herein.
1. (2) Utility Options, Responsibilities and Liability
  1. (a) Authorization: In cases where a Utility is required to obtain a written location permit to install Utility Poles, wires, wireless facility attachments and/or other authorized attachments as defined herein, a Utility, at its option, may utilize the Permit-By-Rule process rather than the Statutory Application. Facilities properly installed pursuant to these rules are legal structures within the meaning of 35-A M.R.S. §2503(16).
    1. (b) Utility Responsibilities / Liability: To qualify for the PBR process, the Utility must submit sufficient documentation to demonstrate compliance with this rule. If sufficient documentation is not submitted in the form and manner required by this rule, then the automatic approval procedure set forth in Section 5(2)(C)(5), PBR Processing, will not apply.
      The Utility shall be fully responsible for the design, construction, maintenance and operation of its facilities and, to the extent provided by 35-A M.R.S. §2503(6), for any damages resulting from the Utility's negligence in the installation or maintenance of said facilities and its appurtenances.
      The Utility shall be fully responsible for moving or removing a facility installed in violation of this rule and all associated costs.
    2. (3) MaineDOT Options and Responsibilities
    3. (a) Imposition of Stricter Design Standards: Before the date of automatic approval as set forth in Section 5(2)(C)(5), PBR Processing, the Department may require that such a Facility meet additional and/or more stringent design standards than those contained in this rule, including greater pole offsets, when the Department determines that such standards are in the best interests of public safety.
    4. (4) General Application Submission Requirements
      To receive a permit using the PBR process, a Utility must submit the PBR application package to the applicable MaineDOT Region Office. The application package shall conform to the requirements of Section 5(2)(A)(1), Submission Requirements, and shall indicate that the PBR process is to be used.
    5. (5) PBR Processing
      PBR applications are automatically approved within the time frames indicated below and in accordance with this rule.
    6. (a) Projects Involving 10 or Fewer Utility Poles, Wires, and/or Wireless Facility Attachments: If the Utility is not notified of any objections by MaineDOT within fourteen (14) days from the date of receipt of a properly filed PBR application, then the application is automatically deemed approved and the permit is automatically issued without any further notification from MaineDOT for projects involving 10 or fewer Utility Poles.
    7. (b) Projects Involving More Than 10 Utility Poles, Wires, and/or Wireless Facility Attachments: If the Utility is not notified of any objections by MaineDOT within thirty (30) days from the date of receipt of a properly filed PBR application, then the proposed facility location is automatically deemed approved and the permit is automatically issued without any further notification from the Department for projects involving more than 10 Utility Poles.
    8. (c) Division of Projects Prohibited: Utilities shall not divide projects having one primary engineering purpose and more than 10 Utility Poles into multiple projects involving 10 or fewer Utility Poles.

D. Additional Process for Significant Facility Installations

(1) Evidence of Coordination with Adjacent Utilities
1. In addition to the applicable application process described in Sections 5(2)(A), Statutory Application Process, and 5(2)(C), Permit By Rule, Proposed Installations involving underground Facilities of at least 500 feet in length (excluding new or replacement wires or cables within existing Encasement) or the installation of 25 or more Utility Poles require evidence of coordination with at least one representative from every Utility having existing or Proposed Installations within the General Location. Coordination may occur individually with each Utility or through Coordination Meeting(s). Notice of Coordination Meetings will be provided by the entity proposing a new project at least one week in advance of the actual meeting date. A reasonable effort shall be made to assure the availability of as many attendees as possible. Additional evidence submitted with the Location Permit application shall include:

(a) Identification of all known Utilities having existing or Proposed Installations in the General Location,

(b) The name and telephone number of each individual associated with each of the Utilities identified in subparagraph (a) above,

(c) Identification of any major concerns expressed by the other Utilities and how each concern will be addressed.

The form which should be used to confirm this coordination is located on MaineDOT’s Utility website as part of the Location Permit application.
1. (2) Copy of Permit Application to ConnectME Authority
  1. When a Utility proposes any underground installation of at least 500 feet in length, a copy of the permit application shall be submitted to ConnectME Authority by the Utility in accordance with 35-A MRS §2503, sub§2. When such work is associated with a MaineDOT project, this notification is not required by the utility as notice of the project has already been provided through MaineDOT’s Work Plan.

E. Field Layout for Utility Poles and Utility Pole Structures

Each pole being permitted shall be staked in the field and numbered in such a manner that the numbering is visible from the shoulder of the road. The pole numbers presented on the permit application sketch shall match the pole numbering used in the field.

3. Lapse of Permit

Permits granted pursuant to these rules shall expire if substantial construction of the Proposed Installation is not commenced within 12 months of the permit date or if construction work is suspended for one or more entire Construction Seasons.

4. Installation in Conformance with a Location Permit

As determined by MaineDOT through its application review process, specific permits may include requirements beyond the minimum standards stated within these rules to the extent necessary to protect the traveling public, minimize conflicts or ensure the efficient use of the Highway corridor. Proposed Installations or replacements shall be installed as permitted. If changes beyond the offset tolerance of the permit become necessary, the Utility shall notify MaineDOT to request permission to amend the application or, if a permit has already been issued, request that MaineDOT amend the permit.

Unless otherwise specified in the permit, field changes are considered to be within the horizontal offset tolerance of the permit provided they comply with all of the following:
1. A. The offset of the modified location of aboveground Facilities is within 10 feet of the permitted location and no closer to the Highway, or the offset of the modified location of underground Facilities is within 18 inches of the permitted location;
  1. B. The modified location does not conflict with any existing Facilities, Appurtenances, Highway features (i.e. sidewalks, drainage pipes, Curb, entrances, etc.), or other Proposed Installations within the Highway; and
  2. C. The modified location otherwise complies with all standards defined in these rules.

5. Unauthorized or Non-Compliant Facilities

Any Facility installed within the Highway limits that are not in compliance with the terms of its Location Permit, 35-A MRS Chapter 23, 35-A MRS Chapter 25, or these rules, will be considered an Unauthorized or Non-Compliant Facility. As such, that Facility cannot legally remain within the Highway limits unless the location is otherwise authorized by deed or easement. Within 5 days’ notice from MaineDOT, the entity owning or operating the Unauthorized or Non-Compliant Facility must correct any violations of the Location Permit or applicable rules herein. If the Utility fails to correct the violations of its Location Permit, MaineDOT may revoke the existing Location Permit and require removal of the Facility and all Appurtenances.

6. Private Facilities

Since private Facilities located within the Highway limits reduce the available Right-of-Way for public use, there are greater restrictions placed upon them. Upon receipt of a complete application from a Private Entity and with consideration of the standards provided herein, MaineDOT may, but is not required to, issue a Private Facility Exception License to permit a private Facility to exist within the limits of the Highway. Said permit shall be valid only if it does not interfere with the Highway, its maintenance or any of its uses.

If MaineDOT determines in its sole discretion that the private Facility interferes with Highway use and/or maintenance, it can order the private owner to remove the Facility in a manner acceptable to MaineDOT. The Facility owner shall bear all costs relating to the Facility and any Appurtenances including installation, relocation, adjustment and removal. Owning a private Facility within the Highway limits does not guarantee continued use.

Note that Municipalities construct, own and are responsible for the maintenance of their facilities, for example, conduit systems for ornamental lighting or elimination of aerial electric lines. Municipal facilities such as conduit systems for lighting shall not be considered “Private Facilities” for the purposes of this section. All other requirements for facilities in State and State-Aid Rights-Of-Way shall apply as appropriate.

A. Application

Applications for Private Facility Exception Licenses may be obtained from the Utilities Website and shall include any applicable information as specified in Section 5(2)(A)(1), Submission Requirements. First-time applicants are encouraged to contact MaineDOT to review the application requirements. In instances where a private Facility or Appurtenance is proposed in a Highway in front of property not owned by the applicant, a letter from that abutting property owner stating no objection to the proposed installation shall accompany the application. (Note: A Facility is deemed “in front of” a parcel of property whenever it is located between the centerline of the Traveled Way and the Right of Way line adjacent to the subject parcel).

B. Crossings

Private Facilities, not directly connected to a Utility distribution system or network or having characteristics that are not detrimental to the highway, will normally be authorized to cross Highways, providing all applicable standards are met as well as any special requirements specified by MaineDOT.

C. Longitudinal Installations

Private installations parallel to and within the limits of the Highway will not normally be authorized. However, where a proposed installation is less than 500 feet in length, MaineDOT will consider each application on a case-by-case basis.

SECTION 6. HIGHWAY OPENING PERMITS

1. Highway Opening Permits Required

A person, entity or Utility may not perform an Excavation within the limits of a state or state-aid Highway without applying for and obtaining a Highway Opening Permit, except as otherwise specified below. Any person, entity or Utility that performs an excavation without obtaining a permit in accordance with these rules shall pay the full Impact Value of the excavated area within the Highway limits.

A. Highway Opening Permit Not Required

A Highway Opening Permit is not required in the following circumstances:
1. (1) Installation of Utility Poles that are in compliance with this rule
  1. (2) Installation of Facilities authorized as part of a MaineDOT Project
    1. (3) Installation of Facilities authorized through a MaineDOT Traffic Movement Permit and associated agreement
    2. (4) Emergency repair of Facilities that present an immediate hazard or are needed to restore utility service, providing after-the-fact permitting occurs within 3 working days.

B. Location Permits

Applicants are advised that, depending upon the type of installation proposed, a separate Location Permit as described in the previous Section 5, Location Permits, may also be required.

2. Application Process

This Section outlines the application procedures for Highway Opening Permits on all Highways and Bridges for which the Maine Department of Transportation is the Licensing Authority [35-A MRS §2501]. MaineDOT reserves the right to require additional information on any applications as necessary. All applications shall be made on the most current forms supplied by the MaineDOT through any of its Region offices or from the MaineDOT website.

A. Submission Requirements

To obtain a Highway Opening Permit, a completed application including each of the components listed below, must be submitted to the applicable MaineDOT Region office.

(1) Completed Application Form(s)

A blank application form is available on MaineDOT’s website. Applications shall provide the following information:

(a) Applicant Information: The name and contact information of the applicant.

(b) Primary Contact Information: The name and contact information of a designated primary contact, if not the same as the applicant.

(c) Proposed Work Information: The location details, purpose and type of work being proposed; the schedule of work; the name of the contractor that will be used; whether a Funding Agency Addendum is applicable; and, the level of coordination that has occurred with other nearby utilities.

Steel plates will not normally be authorized to cover trench excavations within or adjacent to the travel lanes, however, in instances where steel plates may be specifically permitted, a sketch plan stamped by a licensed professional engineer shall be provided. The sketch shall provide detailed dimensions of the maximum allowable excavation, any shoring or trench box requirements, minimum steel cover plate thickness, length and width, and any other construction element necessary to provide a covered trench that is safe for the traveling public.

(d) Impact & Fee Information: The estimated amount and type of area to be impacted, in addition to the associated Impact Value and fee.

(e) Applicant's signature: The applicant must sign the application. Any person signing on behalf of the applicant must provide evidence of authorization to sign.

(2) Specific Location Plan(s)

The Specific Location Plan (Aka “Sketch Plan”) shall be as defined in Section 4, Definitions and as described in Section 5(2)(A)(1)(b), Specific Location Plans. If the proposed work requires a Location Permit, the same Specific Location Plan may be used.

(3) General Location Map

The application must provide an accurate area map. Examples include MaineDOT Map Viewer plan available on the MaineDOT website, MaineDOT Highway plan or U.S.G.S. quadrangle.

(4) Traffic Control Plan

Any work proposed within the limits of a Freeway shall include a Traffic Control Plan as defined in Section 4, Definitions. Specific requirements are further described within Section 7(7)(B), Freeways. In addition, MaineDOT may require a Traffic Control Plan for any other specific corridor where the type of work, timing of work, or corridor conditions create a higher level of concern for mobility or safety.

(5) Permit Fee

Every application shall be accompanied by a check in the amount of 10% of the estimated Impact Value (the “Permit Fee”). The check shall be made out to “Treasurer, State of Maine” and is non-refundable. If the actual work accomplished has impacted an area that is different from the area used to arrive at the estimated amounts, the fee will be adjusted accordingly and the permittee will either be billed for or refunded the difference. In general, there is no Permit Fee if an installation is made immediately before or during a MaineDOT Project that significantly improves the highway (for example, a rehabilitation project, reconstruction project or other project as determined by MaineDOT in its sole discretion).

(6) Special Opening Permit

In instances where the area of the work exceeds the estimated Impact Value limits specified in the Highway Opening Application, application shall also be made for a Special Opening Permit. Under this Special Opening Permit, a method of Financial Assurance, as requested by the applicant and approved by MaineDOT, shall be established and the 10% Permit Fee will either be provided up front (in the case of a Letter of Credit or Surety Bond) or will be withheld from the final account close-out (in the case of an Escrow Account). The use of a Surety Bond may be limited or restricted by MaineDOT, depending upon the applicant’s prior history of Highway Openings with MaineDOT or the nature of the work involved. The Financial Assurance will be held until one year after satisfactory completion of work. A Special Opening Permit will not be required when an applicant is authorized to utilize the Funding Agency Addendum.

B. Processing

The permit application package shall be submitted to MaineDOT at the address provided on the application form. The application will be reviewed with primary consideration given to the standards defined within this rule; however, specific site conditions, proposed work in the same General Location, public comments, or other concerns of MaineDOT may also affect the terms and conditions of the permit. Permits will normally be processed within 30 Days of receipt of a complete application package.

3. Pavement Moratorium

Highway Opening Applications that propose to impact the travel lanes of any recently repaved, rehabilitated, or reconstructed Highway will normally be denied within the time frames specified below:
1. A. Light Capital Paving (LCP): No moratorium.
  1. B. All other paving overlays of 5/8 inch or more or any “mill and fill” project: 3 years
  2. C. Any construction work of higher order than an overlay, including new or full construction, reclaiming, “foamed asphalt”, and other forms of rehabilitation, such as partial reconstruction or using recycled asphalt pavement (PMRAP): 5 years
If the applicant can show that the need for an opening permit could not have been anticipated before the highway was paved and that it has made an effort to investigate alternative installation procedures, MaineDOT may elect to consider an Exception in accordance with Section 14, Exceptions and Appeals. In the case where an exception is granted, MaineDOT will normally require a higher standard of repair as shown on the Pavement and Trench Restoration Details in the Appendix. MaineDOT may additionally increase the 10% permit fee.

4. Traffic Control

All traffic control shall be conducted in accordance with the most recently approved version of the MUTCD. Unless otherwise specifically approved as part of an overall Traffic Control Plan, a minimum of one lane of traffic shall be maintained at all times. All work zones shall have the appropriate signing and traffic control officers (flaggers) shall be supplied as necessary.

5. Construction Requirements

In addition to the applicable requirements specified within this rule and as specifically detailed in Section 9, General Facility Location Requirements, and Section 10, Underground Installations, permittees are advised of the following standard permit conditions:

A. Standard Specifications

Unless otherwise specified in the permit conditions, all work shall be conducted in accordance with the most recent version of MaineDOT’s Standard Specifications.

B. Minimize Disturbance

All work shall be conducted in a manner to minimize excavation and destruction of pavement to the extent practicable considering the specifically permitted location.

C. Compliance with Laws

In accordance with Section 10, Underground Installations, all work shall be conducted in compliance with all local, state and federal laws. The permittee is specifically advised that all trenching operations shall be in compliance with current OSHA regulations, all traffic control shall be in compliance with the MUTCD (see Section 6(4), Traffic Control, above), any work impacting facilities covered by ADA must meet all current applicable requirements of ADA, and all excavations shall follow Maine’s requirements for the Protection of Underground Facilities [23 MRS §3360-A] as administered through MPUC and reported to Dig Safe^® System, Inc., and each Utility using OKTODIG.

D. Backfill

Backfill material shall be equivalent to material removed, except that special Backfill of suitable material may be used immediately around pipe, cable, conduit, etc. or to replace material that cannot be compacted. The twelve (12) inches located immediately below the pavement layer, or the full depth of gravel base in more recently constructed highways which is typically greater than 12 inches, shall conform to the Department's gravel base specifications.
1. When crushed stone is utilized as bedding or backfill under paved areas, an approved geotextile shall be used to minimize the migration of fine soils.

E. Compaction

Backfill material shall be uniformly distributed in layers of not more than 8 inches and thoroughly compacted by use of approved mechanical compactors before successive layers are placed. Water shall be added when necessary to increase the moisture content of the Backfill material to obtain adequate compaction. Puddling or jetting of Backfill will not be allowed.

F. Surplus Materials

All surplus materials shall be removed from the site and the area shall be left in a clean, presentable condition.

G. Pavement Cuts

Installations proposed to be made under paved areas shall be designed to use the shortest possible distance under the pavement consistent with the particular installation involved. Pavements shall be cut in advance along the proposed edges of excavation. Prior to permanent pavement restoration, trench edges shall be recut to one foot beyond the original trench cut and pavement shall be replaced to the full depth and extent of the existing pavement that was removed.

H. Work Times

Work shall normally be accomplished during the daylight hours of weekdays and within the time frames specified in the permit. Work proposed on Saturdays, Sundays, holidays, or at night must be specifically approved by MaineDOT. No work will be granted outside of the paving zone dates specified in MaineDOT’s most recent version of Standard Specifications unless the location of the facility or the method of installation does not impact pavement. When an emergency opening or exception work must occur outside of the paving dates, MaineDOT will require more stringent winter conditions and the permit holder shall provide temporary paving, and maintain the trench throughout the winter months, until the frost is out of the ground.

I. Work in Advance of a MaineDOT Project

Although an opening fee may not be charged when MaineDOT determines that a qualifying Project will commence shortly after work has occurred, the permittee will be required to cap any trenches in paved areas with 3 inches of bituminous pavement and this work will be subject to the project contract specifications. The permittee shall be responsible for maintaining the trench area until such time that the roadway falls under jurisdiction of the project contractor.

6. Inspection

All work performed within the Highway limits will be subject to periodic inspection by MaineDOT. In addition, and at MaineDOT’s discretion, a dedicated MaineDOT or third party inspector may be assigned to oversee any specific projects or work activities to ensure that the state’s interests are sufficiently protected. All costs associated with this inspection shall be borne by the permittee, over and above the permit fee.

7. Funding Agency Addendum

Upon written notice from the Department of Environmental Protection; Department of Human Services Drinking Water Program; Department of Economic and Community Development; or USDA, Rural Development (“Funding Agencies”) that a project is funded, in whole or in part, by them and subject to their control and approval, the following requirements shall apply:

The Funding Agency shall ensure that the calculated Permit Fee is submitted with the application in lieu of establishing a Financial Assurance.
The Funding Agency’s contract documents shall contain a requirement that a pre-construction video survey of the roadway work area be completed and submitted to MaineDOT before work commences.
The Funding Agency’s contract documents shall contain a requirement that all work must be to the satisfaction of MaineDOT following a final inspection by MaineDOT representatives before final payment to the contractor is made by the Funding Agency.
All applicable roadway rehabilitation and traffic control requirements contained herein shall be incorporated in the Funding Agency’s bid documents.
The Funding Agency shall ensure that all work is properly inspected to make certain that the work is done in conformance with the project specifications and requirements herein. This inspection may be in the form of direct Funding Agency supervision or through the services of a third-party inspector working under the supervision of a Professional Engineer. If the MaineDOT determines that the inspection of the work in the roadway is inadequate, MaineDOT may provide or require inspection in accordance with Section 6(6), Inspection.
All roadway rehabilitation work shall be guaranteed for one full year from substantial completion of the project. The Funding Agency shall ensure that any corrective measures necessary during this warranty period are adequately addressed.
The Permit Fee will be refunded if an overlay, consisting of hot bituminous pavement over the entire paved roadway width, is provided after the installation has undergone at least one winter season and within 1 calendar year of project completion. This overlay shall consist of ¾-inch minimum thickness hot mix asphalt (HMA) pavement surface mixture, current MaineDOT Standard Specifications HMA 9.5mm/0.375 inch HMA fine. Shimming before overlay may be required depending on the condition of the surface to be paved.

8. Failure to Meet Permit Requirements

If MaineDOT determines that work is being conducted in an improper manner, MaineDOT will notify the permittee, both verbally and in writing, of the deficiency (or deficiencies) and may also require additional actions to correct and/or verify work that has been accomplished. Examples of such actions may include:
1. A. Requiring the permittee to retain the inspection services of an engineering firm in accordance with Section 6(6), Inspection.
  1. B. Re-excavating and backfilling questionable or deficient areas as may be necessary, or
  2. C. Cleaning areas that were not properly addressed
If the permittee does not undertake the required corrective actions, MaineDOT reserves the right to correct the issues as necessary and the permittee shall be responsible for all associated costs. The permittee is also advised that failure to meet any permit requirements may result in revocation of the permit.

SECTION 7. FACILITY MAINTENANCE OBLIGATIONS

This Section outlines the requirements for all Authorized Entities having Facilities that are either permitted, licensed or deemed legal structures within the limits of state or state-aid Highways or attached to Bridge structures. These requirements are applicable to all new and existing Facilities and Appurtenances.

1. Maintenance of Facilities

Every Authorized Entity is responsible for keeping its Facilities and Appurtenances sufficiently maintained so as not to degrade the integrity of the Highway or reduce the overall level of safety. Any deficiencies in a Facility or Appurtenance that create a potential hazard to the Highway users or maintenance crews shall be promptly corrected upon notice from MaineDOT at the sole expense of the Authorized Entity.
When MaineDOT requires the relocation of any Facility or Appurtenance, the Authorized Entity responsible for the Facility or Appurtenance shall perform the relocation work at its sole expense. Maine Constitution Article IX, §19, as interpreted by the Maine Supreme Court, prohibits the use of transportation funds to pay for relocation of any Utility Facilities or Appurtenances. See for example, Opinion of the Justices, 152 Me. 449 and First National Bank of Boston, et al, v. Maine Turnpike Authority, et al., 153 Me. 131.

2. Records, Locating Facilities and Utility Coordination

Every Authorized Entity is responsible for maintaining records regarding the following:
1. A. The Highway and Municipality where each Facility is located,
  1. B. Evidence of all applicable permits, easements, deeds, or other applicable rights for any Facilities and Appurtenances within the limits of the Highway,
  2. C. The specific installed location of underground Facilities and Appurtenances within the limits of the Highway.
  3. D. The name and contact information of any entities using shared Facilities
Authorized Entities not having the records specified above shall be responsible for obtaining that information for MaineDOT to the extent requested by MaineDOT for MaineDOT activities.
Authorized Entities are responsible for marking the location of underground facilities and Appurtenances at the request of MaineDOT prior to survey or other preliminary engineering or maintenance activities to ensure the location of these Facilities and Appurtenances is properly considered. This activity may include the use of test pits to locate underground Facilities. All location activities, including, but not limited to, marking locations or test pits shall be performed at the sole expense of the Authorized Entity.
When given reasonable notice, all Authorized Entities having Facilities within a proposed transportation project corridor shall participate in Utility coordination meetings conducted in preparation for MaineDOT project design. Details of the MaineDOT Utility Coordination Process may be found on the MaineDOT Utilities Website.

3. Services

Each Utility is responsible for acquiring permits in accordance with Section 5, Location Permits and Section 6, Highway Opening Permits, and ensuring proper adjustment, relocation or repair of any portion of a Service that is located within the Right-Of-Way limits of the Highway and connected to that Utility’s distribution system or network.

4. Out-of-Service Facilities

All Facilities and Appurtenances taken out of service and located either aboveground or attached to Highway Structures shall be removed within 60 days of their last use. If a Utility is required to obtain MPUC approval, the Facilities and Appurtenances may be removed within 60 days of the granting of the approval, providing the process is initiated within 60 days of their last use.
Underground Facilities and Appurtenances that are taken out of service may remain in their existing locations provided the Authorized Entity retains full responsibility for the Facility and Appurtenances. Should a remaining Out-of-Service Facility or Appurtenance degrade the Highway or interfere with its use, construction or maintenance, the Authorized Entity is responsible for either correcting the conflict or removing the Facility or Appurtenance at MaineDOT’s option. Depending on the size and construction of the Facility being taken out of service, MaineDOT may require removal or filling of the Facility with flowable fill or other suitable material.

5. Utility Pole or Utility Pole Structure Replacement and Wire Transfers

Unless otherwise approved by MaineDOT, all wire transfers and removal of replaced poles shall occur within one year from the installation date of the new pole(s). Poles that remain beyond this one-year, maximum tolerance, or otherwise approved completion date, are not considered maintained in accordance with the terms of their permit as specified in 35-A MRS §2503(6). All replaced poles are deemed Out of Service and no longer in public use upon transfer or removal of all wires and/or cables and must be removed from the Highway limits in accordance with Section 7(4), Out of Service Facilities.
Poles that are in violation of this section and Section 7.4 may be deemed a public safety hazard by MaineDOT, in its sole discretion, if they constitute a danger to the traveling public. Upon identifying a pole or poles as a public safety hazard, MaineDOT may provide a minimum of 60-days’ notice to the pole owner that it must completely remove the public safety hazard from the Right-of-Way by a specified “deadline date.” The failure of the pole owner or any authorized entity to remove the pole or poles that have been identified by MaineDOT as a public safety hazard by the deadline date will result in the offending poles being subject to the rights and remedies set out in 23 M.R.S. §1402.

6. Joint Use of Poles

A. Multiple Pole Lines

MaineDOT limits the number of poles placed within the Highway for public safety considerations. Please refer to Section 11(1)(D), Utility Poles, for specific requirements.

B. Offsets for Maintenance of Highway Signs or Structures

Authorized Entities making new or replacement installations shall provide sufficient vertical and horizontal offsets to allow maintenance of existing Highway signs or other transportation structures in accordance with NESC and OSHA requirements. This will require that the Authorized Entity consider the offsets necessary for future transportation-related maintenance activities adjacent to the Utility Facilities, as well as, provide for the ability of the Authorized Entity to maintain their installation from within the Highway Right-of-Way.

C. Traffic Signalization Equipment

MaineDOT traffic signalization equipment shall be accommodated, as required, on existing Utility Poles or Utility Pole Structures where room allows as a condition of MaineDOT’s issuance of a Location Permit. This accommodation supersedes all prior agreements with individual utilities and shall be at no cost to the Department or the municipality in which the pole is located. No other conditions or requirements, such as insurance, will be allowed.
1. In those cases where MaineDOT traffic signalization equipment cannot be installed due to insufficient Utility separation distance on a pole as required by applicable codes, MaineDOT will authorize a payment of $1,500 per pole and the utility will install the new taller pole(s) sufficient to accommodate the traffic signalization equipment. This authorization will be in the form of an agreement signed by MaineDOT and the affected Utility.

7. Maintenance of Traffic

A. State and State-aid Highways

Any work performed by any party within the limits of a state or state-aid Highway, whether new construction, adjustment, or maintenance operations, shall be conducted in a manner to protect the public. Traffic control methods consistent with the current version of the MUTCD shall be consistently implemented to ensure the safe and expeditious movement of the traveling public [23 CFR 645.209]. MaineDOT may specify additional requirements in locations having high traffic, poor geometry or other special considerations.

B. Freeways

On Freeways, additional requirements beyond those provided within the MUTCD may be required. The MaineDOT must approve all work occurring within the Right-of-Way limits of a Freeway in advance. As part of the application, the Authorized Entity shall submit a Traffic Control Plan and designate a Traffic Control Supervisor in accordance with MaineDOT Standard Specification 652.3.3, Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control Plan may be designed and stamped by a Professional Engineer registered in the State of Maine, provided all other requirements of MaineDOT Standard Specification 652.3.3 are met. Additional requirements are specified as follows:

(1) General

Multiple Authorized Entities: When multiple Authorized Entities occupy the same poles with Facilities crossing a Freeway, all of the Authorized Entities must submit permit applications to install new facilities or relocate existing Facilities across a Freeway.

Median Crossovers: Median crossovers shall not be used at any time.

Personal Vehicles: Personal vehicles owned by any of the work area employees shall not access the work area from the Interstate or be parked within the Right-of-Way.

Traffic Interruptions: Traffic shall not be interrupted during inclement weather, weekends or periods of heavy traffic.

Signs, Cones, Boards: All sign arrays, cones, and flashing arrow boards shall be in place and operating before the start of any other work.

Competent Individual: The Authorized Entity shall have a competent individual on site for the entire duration of the work that is familiar with MUTCD standards and is capable of diagnosing and correcting any traffic problems that may arise as a result of the work.

Advance Notice: 48 hours advance notice shall be given to both the Region Engineer and the Maine State Police prior to the start of any work.

(2) Short-Term Wire Crossings

If an Authorized Entity must install an aerial wire across a Freeway, the Traffic Control Plan that is submitted in accordance with Section 7.7.B may utilize a procedure to control traffic in accordance with the following requirements:

Prior to Start of Work: Immediately prior to the start of work, all advance signing shall be positioned in accordance with the Traffic Control Plan.

State Police: Only the State Police shall stop Interstate traffic. One police cruiser shall be used for each lane of traffic, in each direction.

Traffic Hours: Traffic shall only be stopped between the hours of 10:00 p.m. and 5:00 am

Stopped Traffic Intervals: Traffic shall not be stopped for more than 10 minutes at a time. Subsequent 10 minute intervals may occur provided that all previously stopped traffic has cleared.

(3) Underground Crossings by Trenchless Installation Methods

The following shall apply whenever Trenchless Installation Methods are used to cross a Freeway:

Access to Work Sites: No access to the work site will be permitted from the Controlled Access Highway.

(b) Trenchless Installation Pits: Pits will normally be located outside the Right-of-Way limits. If conditions warrant, MaineDOT may elect to allow pits within the Right-of-Way limits, providing no part of the operation encroaches within the Clear Zone limits.

If all work is to occur outside of the Right-of Way limits, work zone signing on the Interstate will not be necessary. If the work is to occur within the Right-of-Way, but outside of the Clear Zone limits, “Work Area Ahead” signs shall be used.

(c) Horizontal and Vertical Tip Instruments: All trenchless installation methods are required to have the ability to accurately determine the horizontal and vertical position of the tip instrument when utilities, including drainage structures, are being crossed during installation.

C. Railroad Crossings

Any work performed within the area defined by the crossing of the Highway and the Railroad limits shall also comply with all reasonable requirements of the Railroad Company to ensure the safety of the workers, the traveling public and the safe operations of the trains.

D. Noncompliance

Should any Authorized Entity fail to comply with the requirements set forth above in Section 7(7), Maintenance of Traffic, MaineDOT may suspend the work until the noted deficiency is corrected. When the work being performed is within the Highway limits and not located within the construction limits of a MaineDOT Project, the Region Engineer or authorized representative shall determine when a suspension is warranted. If the work being done is within the construction limits of a MaineDOT Project, the Resident, Project Manager or authorized representative shall determine when a suspension is warranted.

8. Tree Clearing/Trimming

A. General

Authorized Entities are responsible for all work associated with any tree clearing and/or trimming required to install and maintain their Facilities and Appurtenances. The Authorized Entities are responsible for the removal of all cut trees, limbs and cuttings from the Right-Of-Way. In rural wooded areas within the Highway limits, wood may be chipped and scattered in a uniform manner, providing the chips are not placed in ditches, mowed areas or put into piles.

B. Notification

Authorized Entities must notify MaineDOT, in writing, at least 30 days prior to any trimming, cutting, or removal of trees by the Authorized Entity within the Highway limits. Such notification shall include:

(1) the names of the Municipalities where the operations are to be performed,

(2) a description of the maintenance operations,

(3) the name and work phone number of the person(s) responsible for the maintenance operations, and

(4) whether any of the areas listed are on a Scenic Byway.

All notifications shall be sent to the appropriate Region office where the tree maintenance operation is to be performed. The addresses and corresponding areas for each Region are provided on the MaineDOT Utilities web page. If the tree maintenance operations are to be performed on a designated Scenic Byway, then a copy of the notification must be sent to the MaineDOT Director of the Bureau of Maintenance and Operations.

C. Notification Exceptions

When 30 days’ notice cannot be provided for "hot spot" work or new construction line clearance work that was not anticipated, the Region offices may be contacted by phone and the 30 days’ notice will be waived. This does not apply to work on Scenic Byways or typical tree maintenance operations on other Highways. Emergency trimming and removal of trees to restore power or communications do not require notification.

D. Herbicide

With the exception of coniferous (softwood) trees, any stumps over 1 inch in diameter that are to remain within the Highway limits shall be treated with an approved herbicide spray mixture by a Certified Pesticide Applicator and in accordance with State Board of Pesticides Control Regulations unless otherwise restricted by the DEP.

9. Financial Responsibility for Delay Claims on MaineDOT Projects

Each Utility is responsible for ensuring proper adjustment, relocation, repair, construction or any other Utility work necessary for any Facility that is located within the limits of the Highway as required for any MaineDOT Project. The Utility(ies) shall communicate directly with the contractor or Resident regarding any Utility work necessary to maintain the contractor’s schedule and prevent project construction delays. The Utility will be responsible for the full amount of any compensable delay claims available to the contractor under the MaineDOT Standard Specifications that are a direct and sole result of the Utility’s negligent failure to relocate its Facilities as set out in the project schedule, and so constitutes an uncontrollable event for the contractor.

10. Financial Responsibility for Design Changes in MaineDOT Projects

Each Utility is responsible to coordinate with the Department regarding any Utility-owned facility or connecting service relocations and/or activities made necessary by the full implementation of a MaineDOT Project. If, during the design phase, it is determined that, to avoid existing utility relocation or reconstruction work, MaineDOT must expend additional funds for re-design efforts and offsetting material and construction costs as compared to the original design, the Utility shall be responsible for those additional costs.

Each Utility shall also be responsible for construction phase design changes. If, during the construction of a MaineDOT Project, utility facilities or connecting services are found in conflict with information provided to the Department, or as a result of an unresponsive utility during design phase coordination, the Utility shall be responsible for all re-design fees and costs, material restocking fees, all material and construction costs, and any other incidental costs associated with the re-designed, reconfigured and/or reconstructed Highway elements.

SECTION 8. SCENIC AREAS

Certain lands are acquired or set aside for scenic enhancement and natural beauty. Such areas include Scenic Byways, scenic strips, overlooks, rest areas, recreation areas, wildlife and waterfowl refuges, historic sites, public parks, and landscaped areas. The Scenic Byways within the State of Maine are currently shown on the Map Viewer that is available on the MaineDOT website.

To protect the aesthetic quality of these areas, new Facility installations are not permitted within scenic areas unless the following criteria are met: [23 CFR 645.209]

The installation does not require extensive removal or alteration of trees or other natural features visible to the Highway user, or impair the aesthetic quality of the lands.
New aerial installations are permitted only if:
1. Other locations or underground construction are not technically feasible, cost prohibitive or less desirable from a visual quality standpoint.
2. The design provides adequate attention to the protection and preservation of the visual qualities of the area in location, materials and methods of construction.
Installations for Highway Purposes - All criteria set forth in subparagraphs 2(A) and 2(B) above shall also apply to Facilities needed solely for Highway purposes, such as continuous lighting or services to a safety area, rest area or recreational area.

SECTION 9. GENERAL FACILITY LOCATION REQUIREMENTS

This Section outlines the general requirements for all Facilities and Appurtenances within the Highway limits. Additional standards that are specific to the type of Facility or the type of Right-of-Way are discussed in subsequent Sections.

1. Design/Construction

The Authorized Entity is fully responsible for the design of any of its Facilities and Appurtenances to be installed within the Highway limits.

A. National Standards

All Facilities and Appurtenances within the Highway limits must also comply with any applicable National Standards. Where those standards differ from what is stated herein, the higher degree of protection shall prevail.

B. Public Laws/Orders

Nothing herein is intended to interfere with or supersede the applicability or enforcement of any laws, rules, or orders of the MPUC, or ordinances that do not conflict with these rules. This specifically includes the Americans With Disabilities Act of 1990 [PL 101-336]. Although MPUC has installation and maintenance standards similar to the Utility Accommodation Rules, the Utility Accommodation Rules govern installations within the limits of state and state-aid Highways, and are the default rules within the limits of state and state-aid Highways in Compact Areas where municipalities do not have their own more stringent rules [35-A MRS §2503 (21)].

C. Design Life

All permanent Facility and Appurtenance installations on, over, or under the Highway or attached to any Highway Structures shall be of durable materials designed for long service life expectancy with due consideration given to the overall needs of the Highway corridor. Facilities and Appurtenances shall be designed to be relatively free from routine servicing and maintenance.

D. Uniform Alignment

Longitudinal installations shall be designed and installed on as uniform an alignment as possible to minimize potential conflicts and to aid in locating underground Facilities in the future.

E. Minimize Interference

Wherever possible, Facilities and Appurtenances shall be located to minimize the possibility of interference with other Facilities or Highway work.

F. Crossings

To the extent feasible and practicable, Facility crossings of the Highway shall be generally perpendicular to the Highway alignment.

G. Permits

The Authorized Entity is required to secure all permits necessary for the installation, adjustment or maintenance of its Facilities.

H. Cooperation with Other Authorized Entities

Throughout the design and installation of any Facilities and Appurtenances within the Highway limits, Authorized Entities must address the needs of all other Authorized Entities with regard to their existing or Proposed Installations located in the vicinity of another Proposed Installation. This shall include maintaining sufficient offsets from other Facilities and Appurtenances and assuring that all other Authorized Entities have reasonable access to their own Facilities and Appurtenances during construction. Where Authorized Entities are unable to resolve conflicts in accordance with these rules, MaineDOT shall make the final determination.

I. Clearance Between Facilities

The following defines the minimum clearance standards for Facilities within the Highway limits. Greater clearances are encouraged and may be required whenever possible. Authorized Entities are encouraged to undertake joint construction whenever possible, and MaineDOT will normally support requests for a lesser standard in accordance with Section (14)(1), Exceptions, when all affected parties are in agreement.

(1) Horizontal Clearance Between Longitudinal Facilities

Unless specifically permitted otherwise, a 3-foot minimum horizontal clearance shall be maintained between all underground Facilities and Appurtenances. Measurement between underground Facilities and Appurtenances shall be taken horizontally from the closest edge of the Facility or Appurtenance. Aboveground pole lines (excepting crossings and services) shall also be included in this standard where those poles occupy a reasonably consistent offset. Measurement to a pole line shall be to the nearest face of pole or to the vertical plane established longitudinally through the center of the pole line between poles.

(2) Vertical Clearance Between Facilities

Where underground Facilities must cross other Facilities or Appurtenances; the angle of such crossing shall be as close to 90 degrees as possible, with a minimum vertical clearance of 1 foot. Facilities of one Authorized Entity shall not be constructed longitudinally over or under another Authorized Entity’s underground Facilities.

J. Erosion Control and Restoration of Vegetation

Authorized Entities shall stabilize the soil in all work areas within the Highway limits to minimize erosion. Restoration of loam, grass or other landscaping vegetation is required following the completion of Backfill as soon as weather conditions and/or seasons of the year allow. Temporary mulch shall be used until permanent treatments can be applied.

K. Aerial Attachment Requirements

When a pole line exists within a highway corridor, Facilities that can be accommodated aerially will normally be permitted as aerial facilities that are attached to the existing poles, or new poles that replace the existing poles.

2. Preferred Corridors

To obtain consistency and maximize the use of the Highway, “preferred corridors” have been specified below for each type of Facility. In the process of establishing plans, Authorized Entities are encouraged to utilize these corridors whenever practical. These corridors may not be required or preferred in instances where there is insufficient Right-of-Way, interference with Highway or Utility maintenance needs, site constraints, conflicts with other Facilities, or other factors which the Department finds to be contrary to the public interest or safety.
1. Type of Facility Preferred Corridor
  1. Water & Sewer Lines Under the Traveled Way
    Gas Lines Under the Shoulder
    Telephone/Electric Conduit Under the Shoulder or Sidewalk
    Power and TelCom On A Single Pole Line
    Pole Line As close to R/W limit as practical

SECTION 10. UNDERGROUND INSTALLATIONS

1. General

A. Depth of Cover

The minimum depth of Cover for any Facility within the R/W limits is 36 inches, except for high pressure Hazardous Transmittant Facilities, (See Section 10(2)(A), Cover). Additional requirements are specified herein for each type of Facility.

Any wires, pipes, conduits or cables that are presently located within the Highway limits at a depth of less than 1 foot and not specifically permitted to be at that depth, shall be relocated in accordance with these rules.

B. Encasement

Casings shall be used under Bridge approach slabs and in close proximity to Highway Structure footings. Due to the wide variety of designs and the differing schedules for construction or maintenance, MaineDOT will need to determine Casing requirements near footings on a case-by-case basis. Where Encasement is to be employed in other areas, such Encasement shall be provided under center Medians and within the Pavement Structure limits to a point beyond the ditch line for cut sections, 5 feet beyond the toe of slope for fill sections, or 5 feet beyond the face of Curb on urban section roadways (including side streets). Exceptions for Encasement within a portion of the Median may be approved when excessive Median width or significant changes in the roadway cross-section make a continuous installation impractical.

C. Markers & Detection Aids

(1) Warning Tape

Upon installation, all underground Facilities installed by open cut shall include warning tape, of a color consistent with the APWA Uniform Color Code, located at least 12 inches below the ground surface, but no closer than 18 inches to the top of the Facility, and parallel to the entire installation.

(2) Signs

All underground utilities crossing the entire Right-of-Way (from one boundary to the other) shall have a readily identifiable marker installed at each Right-of-Way line crossed to indicate the type of Facility, the name of the owner and a telephone number to call. Signs shall be maintained with current, legible information.

(3) Pedestals

All pedestals shall have a readily identifiable marker installed on each pedestal to indicate the type of Facility, the name of the owner and a telephone number to call. Markers shall be maintained with current, legible information.

(4) Detection Aids
1. All nonmetallic underground Facility installations shall include a metallic component that provides electrical continuity to aid in the future detection and location of the Facility. When a separate tracer wire is used for this purpose, it shall be installed a maximum of 12 inches above the top of the Facility.

D. Appurtenances

Aboveground Appurtenances installed as a part of an underground Facility shall be located in accordance with Section 11, Aboveground Installations.

E. Methods of Installation

(1) Trenchless Installation Methods

All pits associated with Trenchless Installation Methods shall be located as far from the ETW as possible, preferably outside the Clear Zone. Pits shall be located and constructed so as not to compromise public safety or the integrity of any Highway Structure. The bottom of the pit sidewall nearest the roadway edge shall, at a minimum, be located beyond a line created by a 1:1 slope projected down from the Edge of Shoulder. The Region Engineer may require the use of support structures to achieve the proper degree of protection.

All trenchless installation methods are required to have the ability to accurately determine the horizontal and vertical position of the tip instrument when utilities, including drainage structures, are being crossed during installation.

(2) Blasting

48 hours’ notice must be given to the appropriate MaineDOT Region Office prior to any blasting within the Highway limits. When blasting is to occur within 100 feet of a Highway Structure, prior approval must specifically be obtained from MaineDOT. MaineDOT may require that detailed plans and procedures prepared by a licensed blaster be submitted by the Authorized Entity. Pre-blast surveys may also be specified as a work condition.

(3) Pavement Cuts

Wherever pavement is to be cut, all edges shall be cut neat and straight.

(4) Backfill/Compaction

Backfill compaction shall equal that of the surrounding soil outside of the Pavement Structure limits. Within the Pavement Structure limits, Backfill and compaction requirements shall be in accordance with the latest edition of MaineDOT's Standard Specifications for Highways and Bridges.

F. Locations of Installations

(1) Undesirable Locations

Locations in deep cuts, near footings of Bridges or retaining walls, within areas of Special Materials, across intersections at grade, across ramp terminals, or in areas where it will be difficult to attain minimum Cover shall be avoided whenever possible.

(2) Clearance from Highway Structures

Vertical and horizontal clearance between any Facility or Appurtenance and a Highway Structure shall be sufficient to permit maintenance of both without interference. Clearances shall comply with Section 9(1)(I), Clearance Between Facilities.

(3) Road Side of the Utility Pole Line

Mainline underground Facilities should normally be installed on the Traveled Way side of the pole line.

(4) Additional Requirements

The location of any Facilities or Appurtenances may be further restricted by the Region Engineer to ensure that a proposed Facility or Appurtenance will not interfere with existing or currently planned Highway construction and/or maintenance activities.

(5) Highway Drainage Pipes

Highway drainage pipes and structures shall be protected during any Facility and Appurtenance installation and maintenance. Utilization of existing drainage pipes as Sleeves is not permitted.

(6) Services to Corner Properties

Property having frontage on both a state or state-aid Highway and a lower classification Public Way shall normally have the underground service provided from the lower classification corridor, whenever both corridors are served by equivalent distribution facilities. On a case-by-case basis, MaineDOT will consider the level of impacts to both corridors and to private property when determining the most appropriate point of connection. Should the lower classification corridor be under municipal jurisdiction, the Utility shall obtain the necessary permits from that municipality.

(7) Service Consolidation

In locations where numerous underground service lines must cross the Traveled Way, consolidation of service crossings shall be evaluated and utilized whenever possible. MaineDOT may require such consolidation whenever it is determined that impacts on the traveling public, highway maintenance or other accommodated Facilities will be minimized.

2. Gas, Liquid Petroleum, and Other Hazardous Transmittant Pipelines

A. Cover

Low pressure Hazardous Transmittant pipelines shall have a minimum Cover of 36 inches, including Service connection top tap tees and lines. Low pressure Hazardous Transmittant Facilities are defined as lines with working pressure of 100 psi or less.

The minimum depth of Cover for any portion of a high pressure Hazardous Transmittant Facility is 48 inches. High pressure Hazardous Transmittant Facilities are defined as lines with working pressure greater than 100 psi.

B. Multiple Lines

If a Utility proposes to install two active Hazardous Transmittant pipelines (typically transmission and distribution) along the same corridor, the two lines shall be placed one above the other, as vertical as practicable, considering safe operation and maintenance of the lines. The lower-pressure line shall be installed above the higher-pressure line and must meet the minimum cover requirements as specified in Section 10(2)(A), Cover.

C. Vents

One or more Vents shall be provided for each Casing or series of Casing. For Casing longer than 150 feet, Vents shall be provided at both ends. On shorter Casing, a Vent shall be located at the high end with a marker placed at the low end. Vents shall be placed at the Right-of-Way line immediately above the pipeline, situated so as not to interfere with Highway maintenance or be concealed by vegetation. Ownership of the lines and an emergency contact number shall be shown on the Vents.

D. Drains

Drains for Hazardous Transmittant pipelines will not be permitted to outfall into drainage ditches, natural watercourses or onto the Highway.

E. Gate Valve Boxes

When gate valve boxes occur within the paved portion of the roadway, they shall meet the requirements of ASTM A48 and shall be set flush with the pavement. Ref. Appendix – Standard Detail 604(18), Utility Structures

3. Water Lines

A. Cover

The minimum Cover for waterlines shall be 36 inches. The Authorized Entity is responsible to assure that all waterlines are suitably protected against freezing. All uninsulated water lines shall have sufficient Cover to exceed the depth of frost penetration.

B. Drains

Waterline Encasement or drains may be permitted to outfall into roadside ditches at locations approved by MaineDOT.

C. Gate Valve Boxes

When gate valve boxes occur within the paved portion of the roadway, they shall meet the requirements of ASTM A48 and shall be set flush with the pavement. Ref. Appendix – Standard Detail 604(18), Utility Structures

4. Sanitary Sewer Lines

A. Cover

Reference "Water Lines", Section 10(3)(A), Cover.

B. Drains

Sanitary sewer line Encasement drains shall not outfall into drainage ditches, natural watercourses, or onto the Highway.

C. Manholes

Manholes serving sewer lines up to 24 inches in diameter shall have a minimum inside diameter of 48 inches. For any increase in line size or number of pipes, the inside diameter of the manhole may be increased a like amount. Manholes for large interceptor sewers should be specially designed, keeping the overall dimensions to a minimum. The outside diameter of the manhole chimney at the ground level shall not exceed 36 inches. Any manholes allowed within the pavement shall be set flush with the pavement and will not be in the vehicular wheel path.

5. Electric Supply Lines

A. Cover

The minimum Cover for underground Electric Supply Lines and Services within the Highway limits shall be 36 inches.

B. Conduit

All underground Electric Supply Lines within the Highway Right-Of-Way limits shall be in galvanized or stainless steel Rigid Metal Conduit (RMC) or PVC Conduit. Electrical Metal Tubing and /or Intermediate Metal Conduit will not be permitted as substitutes for RMC. In addition, 90 degree RMC sweeps will be required.
1. PVC Conduit shall be encased, above, below and on both sides, with a minimum of 4 inches of concrete that shall have a minimum compressive strength of 2900 psi and a maximum aggregate size of 1-inch. Ref. Appendix – Underground Electric Lines Detail

C. Services

Electric Supply Line Services attached to a utility pole shall be installed in RMC from the ground level to a height of at least 7 feet and include a 90 degree RMC sweep below grade. Ref. Appendix – Underground Electric Lines Detail
1. Underground Electric Supply Line Services are not allowed to cross under the travel surface of the Highway and shall exit the R/W perpendicular to the centerline of the Highway. Ref. Appendix – Underground Electric Lines Detail

D. Manholes

Manholes shall be limited to those necessary for installation and maintenance of underground lines. The elevation of manhole rims and covers shall be set at finished grade (Ref. Appendix – Standard Detail 604(18), Utility Structures). New manholes will not be permitted within the Traveled Way or Shoulder of a Highway except within urban areas.
1. To conserve space within the Right-of-Way for the needs of the Highway corridor, manhole vault dimensions should be no larger than is necessary to hold the equipment involved and for safety standards to be assured for maintenance personnel. Outside width should not exceed 7 feet, with the length held to a reasonable minimum. The outside dimensions of a manhole chimney should not exceed the minimum required to support the manhole frame and cover. Manhole covers (for personnel access) shall be installed flush with finished grade and shall not be in the vehicular wheel path. The top of the roof of the manhole vault shall be set to meet a minimum Cover of 36 inches.

6. Communication Lines (Telephone, CATV, etc...)

A. Cover

The minimum Cover for underground Communication Lines within the Highway limits shall be 36 inches for either encased or un-encased installations.

B. Manholes

Section 10(5)(D), Manholes, applies.

SECTION 11. ABOVEGROUND INSTALLATIONS

1. General

A. Vertical Clearances

The vertical clearance of new overhead lines above Highways and intersecting Public Ways shall be a minimum of 18 feet. When existing roadway elevations are increased, existing overhead Facilities that meet vertical clearances defined within applicable National Standards may be allowed to remain unless otherwise directed by MaineDOT. New or adjusted overhead lines running parallel to the Highway and not crossing intersecting Public Ways shall have a minimum vertical clearance as defined within applicable National Standards.

Support Structures

Monopole Installations and Utility Pole Structures, as defined herein, will not normally be accommodated within the State or State-Aid Right-Of-Way. These installations are not among the types of facilities specifically authorized to use the highway corridors in accordance with MRS Title 35-A, Chapter 23, nor are they compatible with the types of structures that can be safely located within the typical right-of-way corridor widths.
1. Utility Pole Structures may become necessary in some instances based upon site conditions and engineering needs. In such cases, where the Department allows the use of a Utility Pole Structure, accommodation will be at offsets that will exceed normal Utility Pole offsets and will typically meet or exceed the offsets required in the AASHTO Roadside Design Guide. Utility Pole Structures are not considered a replacement pole for standard Utility Poles and must always be permitted separately.
  1. Where surplus Right-Of-Way or other separate MaineDOT properties may enable accommodation of Monopole Installations and Utility Pole Structures, and where these facilities are deemed acceptable after review of the application, MaineDOT reserves the right to establish lease rates based on prevailing real estate values. The lease rate process for surplus property will be the same for all companies providing similar services.

C. Use of Existing Department Poles or Structures

The Department may, at its sole discretion and on an asset by asset basis, allow singular small antenna systems to be located on existing poles or other structures owned by the Department. In those cases, an application will be made and all aspects of the installations must meet all industry and engineering standards. For example, structural, electrical, telecommunications, land use, etc.
1. The Department will review the applications for acceptability. If the installations are deemed acceptable, the Department may charge a reasonable fee for each attachment that is based upon consideration of the facility’s impact upon the pole or structure, its ongoing maintenance, rates charged for similar attachments on other similar structures within the highway corridors, or other appropriate and reasonable considerations.
  1. The Department may, at its sole discretion and on an asset by asset basis, allow singular instances of shared facilities when the proposed location of a monopole structure and the need for a highway facility, such as high mast lighting, may coincide. The Department will review the applications for acceptability. If the installations are deemed acceptable, the Department will charge a reasonable fee for such co-location based upon consideration of the facility’s construction, impact upon the pole or structure, its ongoing maintenance, rates charged for similar co-located structures within the highway corridors, or other appropriate and reasonable considerations.

D. Utility Poles

(1) Utility Pole Construction

Utility Poles within the Highway limits shall be single-pole construction.

(2) Multiple Pole Lines

Multiple Pole Lines are no longer permitted within the Highway limits. Stub poles or service poles that must be located within the Right-of-Way are not considered a separate pole line, but shall conform to all applicable offset criteria. Existing areas having Multiple Pole Lines shall be reduced to a single, joint use pole line whenever:

(a) MaineDOT undertakes any construction project having a scope beyond a Pavement Overlay and existing poles are required to be relocated, or

(b) MaineDOT determines a particular area to present a significant hazard to the traveling public.

If any Authorized Entity undertakes a project in an area with an existing Multiple Pole Line that is separate from a MaineDOT Project and consists of the replacement of ten or more consecutive poles, one of the following must occur:

(a) the owners of the aboveground Facilities must agree to combine their Facilities onto a single pole line as part of the proposed project, or

(b) the Authorized Entity undertaking the pole replacements must install poles of sufficient height to accommodate the other Facilities when they are upgraded.

Existing Multiple Pole Lines, which involve Electric Supply Lines owned by different Authorized Entities, will not be forced to combine onto a single pole line providing all offset criteria are met.

(3) Service Poles

Unless vertical clearances and the local terrain dictate otherwise, all poles used to exclusively provide service to a customer shall normally be installed at or beyond the Highway R/W limits.

(4) Anchors

Pole anchors shall not be installed on the Traveled Way side of a pole unless located behind guardrail and in compliance with Section 11(2)(B)(1), Guardrail. Anchors shall be adequately designed and installed to enable shared-use whenever possible with standard utility equipment.

(5) Underground Service Lines

Poles that are located on the Traveled Way side of a ditch line or open drainage area that will require periodic ditch maintenance shall not be used to provide underground service lines to adjacent properties

2. Offsets

Aboveground offsets define the horizontal clearance required to provide a Recovery Area and room for adequate Highway maintenance. Although specific offset values are defined herein, these offsets are minimum values. Greater setbacks should be provided whenever possible to provide improved safety and to minimize the potential for conflicts with future Highway construction. Unless otherwise noted, all offsets are to the portion of the aboveground Facility or Appurtenance that is below a vertical height of 13 feet and located closest to the Edge of Traveled Way.
These offset requirements shall also apply to the Edge of Traveled Way for truck climbing lanes and Highway through lanes. These offsets may also apply to turning lanes, but will be evaluated in a case-by-case basis considering Highway configuration, speed and other adjacent physical features.
Existing aboveground Facilities and Appurtenances that are located within the limits of MaineDOT New Construction, Reconstruction, and Rehabilitation Projects shall be adjusted to meet the standards defined in these rules.
For projects conducted within the existing Right-of-Way, such as Pavement Overlay, MaineDOT maintenance projects, or permitted maintenance and betterment projects by Authorized Entities, existing aboveground Facilities and Appurtenances that do not presently meet the minimum offset standards may remain in place for as long as they do not, in MaineDOT’s sole discretion, present a safety problem, or conflict with the use, construction or maintenance of the Highway, or conflict with other standards described herein.
Plant Mixed Recycled Asphalt Pavement (PMRAP) projects shall follow the policies outlined in the current MaineDOT PMRAP Program expectations. Contact the project Utility Coordinator for specific requirements of the current PMRAP Program.

A. General

(1) Offset from Edge of Shoulder

Unless site-specific conditions pertaining to guardrail, curb or the “2-foot Rule” apply as described under Section 11(2)(B), Site Specific Conditions, no offset shall result in an aboveground Facility or Appurtenance being located within 6 feet from the Edge of Shoulder, regardless of whether the surface of the Shoulder is paved or unpaved.

(2) Fire Hydrants

Hydrants shall be of breakaway construction and generally located in accordance with the offsets defined herein. However, where local fire equipment presents limitations, the maximum offset possible may be used, providing it is in accordance with Section 11(2)(A)(1), Offset from Edge of Shoulder.

(3) Breakaway Devices

Aboveground Facilities and Appurtenances may be permitted within the minimum offsets specified when authorized by MaineDOT, and when a breakaway system is utilized.

(4) Mid-Span Utility Poles

New Utility Poles located between two existing Utility Poles may be permitted at lesser offsets than defined herein if the new Utility Pole is “in-line” with the two existing, adjacent Utility Poles and that the offset of the new Utility Pole is equal to or greater than the smallest offset of the adjacent Utility Poles.

B. Site-Specific Conditions

(1) Guardrail

For steel beam guardrail, aboveground Facilities and Appurtenances shall be set back a minimum distance of 3 feet from the back of post. Where space permits, greater offsets are encouraged to facilitate snowplowing. Aboveground Facilities and Appurtenances located behind cable guardrail shall be set back 12 feet or in accordance with the offset standards without guardrail, whichever is less.

To facilitate the safe and proper function of the guardrail crash-end, facilities installed in the vicinity of a guardrail crash-end shall be set 30 feet or more ahead of the crash-end and/or 40 feet or more beyond the crash-end when installed behind the guardrail. These distances apply to both the leading and trailing ends of all guardrail runs (Ref. Appendix – Utility Poles Located Behind Guardrail Systems). All other offset standards shall apply as appropriate for adjacent site conditions.
1. Note that the Department distinguishes between “crash-end” and “terminal end.” A crash-end is installed where accident energy attenuation occurs in a crumple zone of several sections of guardrail. A terminal end may be installed at the end of a radius such as a driveway entrance or other locations where energy attenuation is not anticipated. The distances described in the paragraph above do not apply to radius guardrail installations.
  1. Where the offsets set forth above conflict with existing safety standards, allowable span lengths applicable to the installation of aboveground Facilities, or otherwise prevent the aboveground Facility from being installed and/or maintained within the Highway Right-of-Way, MaineDOT will consider adjusting the guardrail terminal end location to accommodate the Facilities. If this is not possible, MaineDOT may also consider design exceptions on a case-by-case basis.

(2) Curb

In urban areas with posted speed limits of 40 MPH or less, aboveground Facilities and Appurtenances may be installed 5 feet behind the face of Curb. In locations where insufficient Right-of-Way or other restrictions are present and no other practical solution exists, MaineDOT may elect to allow aboveground Facilities and Appurtenances as close as 18 inches (1.5 feet) behind the face of Curb.

(3) Urban Areas with No Curb

Aboveground offsets may be limited to that specified in Section 11(2)(A)(1), Offset from Edge of Shoulder, in urban areas with speed limits of 40 MPH or less when Curb is not present.

(4) Ditches

No aboveground Facilities or Appurtenances shall be set in the Flow Area of a ditch. New Facilities and Appurtenances installed in areas with ditches shall generally be installed behind the ditch and at least 2 feet up the Backslope (as measured horizontally) unless the offset of the ditch exceeds the required aboveground offset by at least 8 feet. Existing Facilities or Appurtenances that meet offset standards in the Inslope of a ditch area may be permitted to remain in their present locations until replaced.

(5) Islands/Traffic Circles

Aboveground Facilities and Appurtenances are not permitted in the center island of a traffic circle, roundabout or in traffic islands.

(6) Culverts

Aboveground Facilities and Appurtenances are not permitted within 8 feet of the end of any culvert.

(7) Restricted Right-Of-Way

If a Highway segment has not experienced 3 or more crashes relating to aboveground Facilities and Appurtenances in the past 3 years, and there is insufficient Right-of-Way to attain the minimum offset requirements defined herein, MaineDOT may elect to permit aboveground Facilities as close as practicable to the existing Right-of-Way limits.

(8) “2-foot Rule”

When aboveground offsets are reviewed for compliance in conjunction with a MaineDOT Project, MaineDOT may elect to allow a Facility or Appurtenance to remain at an offset of up to 2 feet less than the required minimum provided that existing location complies with the following:

(a) The existing Facility or Appurtenance does not conflict with the Highway construction or any permanent Highway features;

(b) The existing Facility or Appurtenance does not conflict with any other standard defined in these rules.

(c) The existing Facility or Appurtenance has not been involved in run-off-the-road crashes in the past.

C. Minimum Corridor Offsets for Utility Poles

This Section presents the minimum offsets from the Edge of Travelway that apply to a given highway corridor for new construction, reconstruction and rehabilitation projects unless the site-specific conditions described elsewhere in this Section are applicable. The Edge of Travelway is defined in Section 4, Definitions.
1. MaineDOT has established Corridor Priority classifications for all state and state-aid Highways. Maps that identify the Corridor Priority for state and state-aid Highways are available on Map Viewer on the MaineDOT website.
  1. The following tables define the minimum offsets for all Utility Poles and Appurtenances located along state and state-aid Highways. These minimum offsets are based upon the Corridor Priority designation, highest AADT anticipated within the life of the Facility and the posted speed limit. Utility Pole Structures and other aboveground cabinets or structures will normally require greater offsets. In addition, corridors that already have wider Right-Of-Way limits established will also normally require offsets that will exceed these tables. Permitting of new or replacement Utility Poles within a corridor that is not associated with a project will involve consideration of these offsets as well as the Right-Of-Way width and other specific characteristics of the corridor. Whenever poles are already accommodated at greater offsets than indicated in the following tables, those greater offsets will normally continue to be required for replacement poles. Conversely, when insufficient right-of-way or other conflicts prevent the minimum offsets from being attained, the Department may elect to allow reduced offsets on a case-by-case basis.
    Interstate and other Control Of Access Highways have unique accommodation requirements. See Section 12, Controlled Access Highways.

The Following Offset Tables Shall be Used for All New Construction, Reconstruction, and Rehabilitation Projects.

Note: All Offsets are measured from the Edge of Traveled Way

Offset Table for Corridor Priority 1 and 2

Speed (mph)	25-30	35-40	45-50	55+
AADT 0 - 2000	10’	10’	12’	15’
AADT 2001 - 6000	10’	12’	14’	18’
AADT > 6000	10’	12’	18’	20’

Offset Table for Corridor Priority 3, 4, 6

Speed (mph)	25-30	35-40	45-50	55+
AADT 0 - 2000	10’	10’	10’	15’
AADT 2001 - 6000	10’	10’	10’	15’
AADT > 6000	10’	10’	15’	15’

Restoration-Resurfacing Projects - All Corridor Priorities

Existing aboveground Facilities and Appurtenances that do not presently meet the minimum offset standards may or may not remain in place. See Section 11(2), Offsets, for details.

PMRAP Projects:

Plant Mixed Recycled Asphalt Pavement (PMRAP) projects shall follow the policies outlined in the current MaineDOT PMRAP Program expectations. See Section 11(2), Offsets for details.

SECTION 12. CONTROLLED ACCESS HIGHWAYS

For the purposes of these rules, Controlled Access Highways (Syn: COA) are separated into two categories: Freeways and non-Freeways.

1. Freeways

A. New Utility Installations Along Freeways

New Facilities will not normally be permitted longitudinally within Freeway COA. Where special circumstances exist, MaineDOT may elect to permit such installations under strictly controlled conditions.
1. Where such longitudinal installations are requested, the Authorized Entity must demonstrate to MaineDOT’s satisfaction:

(1) Highway and Traffic Safety

That the accommodation will not adversely affect Highway and traffic safety;

(2) Alternate Locations

That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient service in a manner conducive to safety, durability, and economy of maintenance and operations;

(3) Adverse Affects

That the accommodation will not adversely affect the design, construction, operation, maintenance, or stability of the Freeway and that it will not interfere with or impair the present use or future expansion of the Freeway;

(4) Accommodation Conditions

That the accommodation satisfies the conditions of Section 12(1)(D), Access for Constructing and/or Servicing Facilities;

(5) Public Interest
1. That the accommodation will be shown to be in the substantial public interest of the State of Maine;
  1. All longitudinal accommodations considered under these rules shall be in accordance with a valid Location Permit. Where longitudinal installations must traverse interchange areas, they shall be located and treated in the same manner as Facility crossings within interchange areas, as in Section 12(1)(C), Facilities Crossing Freeways.
    Service connections to adjacent properties shall not be permitted from longitudinal installations located within the Freeway COA.

B. Existing Facilities Along Proposed Freeways.

When a pre-existing Facility or Appurtenance within a proposed Freeway Right-of-Way can be serviced, maintained and operated without access from the through traffic roadways or ramps, it may remain as long as it does not adversely affect the safety, design, construction, operation, maintenance or stability of the Freeway. Otherwise, it must be relocated, except for special cases as covered by Section 12(1)(A), New Utility Installations Along Freeways.

C. Facilities Crossing Freeways

New Facilities and adjustments or relocations of existing Facilities require a permit to cross a Freeway and must also meet the requirements of Section 7(7)(B), Freeways. To the extent feasible and practicable they should cross on a line generally normal to the Freeway alignment and preferably under the Freeway.

(1) Facilities Along Roads or Streets Crossing Freeways

Where a Facility follows a crossroad or street that is carried over or under a Freeway, provision should be made for the Facility to cross the Freeway on the locations of the crossroad or street in such manner that the Facility could be constructed and/or serviced without access from the Freeway or ramps. Generally, the Facilities and Appurtenances are to be located within the Right-of-Way of the crossroad or street, existing or relocated, and may cross over or under the Freeway or be carried on or through the grade separation structure as may be authorized, provided installation and servicing thereof can be accomplished without access from the through-traffic roadways or ramps. Where distinct advantage and appreciable cost saving is effected by locating the Facilities or Appurtenances outside the Right-of-Way of the crossroad or street they may be so located, in which case they shall be located and treated in the same manner as overhead Facilities crossing the Freeway at points removed from grade separation structures as in subparagraphs (2) and (3) which follow.

(2) Overhead Facility Crossings

Overhead Facilities crossing a Freeway at points removed from grade separation structures, or those crossing near a grade separation but not within the Right-of-Way of a crossroad or street, in general, should be adjusted so that supporting structures are located outside the COA. In any case supporting poles shall:

(a) Not be placed within the appropriate Clear Zone.

(b) Not be located within a Median of 80 feet or less in width.

(c) Not impair sight distance from any point on the through roadway or ramps.

The vertical clearance to overhead Facilities crossing Freeways shall be the greater of 20 feet or as required by the National Electrical Safety Code, ANSI C2, Institute of Electrical and Electronics Engineers, Inc.

(3) Underground Facility Crossings

Facilities crossing underground below the Freeways shall be of durable materials and so installed as to virtually preclude any necessity for disturbing the roadways to perform maintenance or expansion operations. The design and types of materials shall conform to appropriate National Standards. Manholes and other points of access to underground utilities shall be located outside the Right-of-Way limits.

(4) Provisions for Expansion of Facilities

When existing Facilities are relocated, or adjusted in conjunction with construction of a Freeway, provisions may be made for known and planned expansion of the Facilities, particularly those underground. They should be planned to avoid interference with traffic at some future date when additional or new overhead or underground Facilities and Appurtenances are installed.

D. Access for Constructing and/or Servicing Facilities

In general, Facilities and Appurtenances are to be located and designed in such a manner that they can be constructed and/or serviced without direct access from the through roadways or connecting ramps. Such direct access shall not be permitted except for special cases where alternate locations and/or means of access are unavailable or impractical due to terrain and/or environmental constraints, and such use will not adversely affect safety or damage any part of the Highway. Where direct access is requested for the Interstate System, a permit must be obtained from MaineDOT and coordinated with the FHWA for approval.
1. Access for construction and/or servicing a Facility along or across a Freeway should be limited to access via (a) frontage roads where provided, (b) nearby or adjacent public roads and streets, or (c) trails along or near the Highway, connecting only to an intersecting road, from any one or all of which entry may be made to the outer portion of the Freeway Right-of-Way. Subject to 23 USC 111, a locked gate along with COA fence may be utilized to meet periodic service access needs. Where a gate is allowed, it will be documented by an approved permit that will include adequate provisions against unauthorized use.
  1. In those special cases where supports, manholes, or other Appurtenances are located in Medians, interchange areas, or otherwise inaccessible portions of Freeway Rights-of-Way, access to them from through-traffic roadways or ramps may be permitted when other alternatives do not exist. Such access shall be by permit setting forth the conditions for policing and other controls to protect Highway users.
    Entry to the Median area should be restricted where possible to nearby grade separation structures, stream channel crossings, or other suitable locations not involving direct access from through roadways or ramps.
    Where Facilities and Appurtenances are located outside the COA line and where such Facilities and Appurtenances may require maintenance from within the Freeway Right-of-Way, a permit must be obtained from MaineDOT.

All permits shall include adequate provisions for COA to the Facility work zone, direction of traffic and protection of workers and the traveling public. All new Facility construction or adjustments and relocations of existing Facilities must satisfy the requirements of Section 7(7)(B), Freeways. Advance arrangements should also be made between the Authorized Entity and MaineDOT for emergency maintenance procedures.

E. Manner of Making Utility Installations and Adjustments

In general, Authorized Entity installations and adjustments are to be made with due consideration to Highway and Authorized Entity costs and in a manner that will provide maximum safety to the Highway users, will cause the least possible interference with the Highway facility and its operation, and will not increase the difficulty of or cost of maintenance of the Highway.

F. Special Case Underground Point-To-Point Facilities

MaineDOT may grant non-exclusive permits allowing the longitudinal underground installation of transmission or backbone Facilities and Appurtenances within the Rights-of-Way of Freeways.

(1) Negotiated Agreements

MaineDOT may negotiate agreements and receive compensation for the use of Freeway Rights-Of-Way to install such Facilities.

(2) MaineDOT May Waive Requirements

Upon a determination that it is in its best interest, MaineDOT may waive the requirements of Section 12(1)(A)(2), Alternate Locations, with regard to the availability of alternate locations.

(3) Applicable Provisions

All other applicable provisions of this Section regarding the siting, installation and maintenance of such Facilities shall apply.

2. Non-Freeways

Non-Freeway Controlled Access can vary from small segments along a Highway to entire corridors, such as a bypass. In general, Facilities within these Controlled Access areas will be treated in the same manner as Freeways. However, based upon the specific conditions involved, MaineDOT may consider allowing longitudinal installations. Non-Freeway Controlled Access areas are currently shown on the MaineDOT Map Viewer available on the MaineDOT website.

SECTION 13. BRIDGES AND OTHER HIGHWAY STRUCTURES

1. General

Where other arrangements are not feasible, MaineDOT will consider permitting attachment of Facilities on Highway Structures. Each such attachment will be considered on an individual basis, and permission to attach will not be considered as establishing a precedent for granting subsequent requests for attachment. The following requirements are established for attachment to any Highway Structure:

A. P.E. License & Certification

A Maine Licensed Professional Engineer shall design all proposals for attachments to Highway Structures in accordance with the latest AASHTO standards. In the case of Bridges, each design proposal shall be fully evaluated in accordance with the latest edition of AASHTO LRFD Bridge Design Specifications and the Maine Department of Transportation Bridge Design Guide (as applicable) to assess the effect of the attachment(s). A statement certifying that the additional loading will not exceed allowable limits is required as part of the design submittal.

B. Out-of-Service Facilities

All Facilities that are taken out-of-service shall be removed in accordance with Section 7(4), Out-of-Service Facilities. If any such Facilities are not removed, MaineDOT may elect to remove such Facilities at the Authorized Entity’s expense.

C. Other Applicable Permits

Authorized Entities are responsible for acquiring any and all permits that may be applicable to their proposed work. Some of the applicable permits may include:

(1) Coast Guard Permits

A Coast Guard permit or notification may be required whenever the proposed work will occur over a navigable waterway.

(2) Railroad Permits

Work permits may be required for any work done over, under or near a Railroad and are obtained directly from the Railroad Company.

(3) Environmental Permits

Permits may be required by the Natural Resources Protection Act (NRPA) administered through the Department of Environmental Protection (DEP), Shoreland Zoning, Army Corps and others.

D. Identification Tag

A permanent tag shall be affixed to each end of the attached Facility identifying the Authorized Entity, the type of attachment, and a contact telephone number. All tags shall be maintained in a legible condition with current information.

E. Communication and Electric Supply Lines

Communication and Electric Supply Lines shall be suitably insulated, grounded, and carried in protective Conduit or pipe from the point of attachment to the point of exit per applicable National Standards.

F. Hazardous Transmittants

Mutually Hazardous Transmittants shall be isolated by compartmentalizing or by auxiliary Encasement of incompatible carriers. This shall include Electric Supply Lines, gas lines, effluent lines and sanitary sewer lines.

G. Casing Vents

Where a pipeline on or in a structure is encased, the Casing shall be effectively opened or Vented at each end to prevent possible buildup of pressure and to detect leakage of gases or fluids.

H. Uncased Attachments

Where a Casing is not provided for a pipeline on or in a structure, additional protective measures shall be taken, such as employing a higher factor of safety in the design, construction and testing of the pipeline than would normally be required for encased construction.

I. Pipeline Shutoffs

Pipeline shutoffs, preferably automatic, shall be required within close proximity of attachments unless other sectionalizing devices can isolate segments of the lines. Shutoff valves shall be located on both sides of a Highway Structure footing.

J. Brackets/Bolt Material

For painted steel structures, all brackets and bolt material in contact with the structure shall be hot-dipped galvanized. For weathering steel (ASTM A588, A709, etc.), all brackets and bolt material shall also meet an applicable ASTM weathering steel designation.

K. Connection Type

All attachments shall be bolted. Bolt holes are normally drilled 1/16 inch larger than the bolt diameter. No stainless steel bolts shall be used except on concrete or timber structures.

L. Welding

Welding to steel components is not permitted.

2. Bridges

The following standards are specific to Bridges and in addition to the General Standards listed above.

A. General

(1) First Girder/Beam

All Facilities attached to a Bridge shall not be located outside the first girder or beam, except for precast box beam and voided slab as long as they were originally designed for Facility installation.

(2) Precast & Truss Bridges

Attachments that are not incorporated in the original Bridge design will not be permitted on either precast concrete Bridges or on the main truss members of a truss Bridge.

(3) Vertical Clearances

Vertical clearances for any Highway or Railroad overpasses or for Bridges over navigable waters shall not be reduced from existing conditions.

(4) Conduits in New Bridges

When a request is made during the design phase of a proposed Bridge, MaineDOT may allow Conduits to be incorporated into the construction of the Bridge. The Authorized Entity will be responsible for the additional costs relating to such accommodation. Facilities shall not be allowed in the bridge sidewalk, bridge rail or hollow bridge members that are not of sufficient size to allow maintenance personnel to maintain the structure while protecting the Facility.

(5) Connections to the Bottom of Bridge Decks
1. No Facility connections shall be allowed to the bottom of the bridge deck.
  1. (6) Load And Resistance Factor Rating (LRFR)
    1. A Utility must perform a LRFR load rating in accordance with the AASHTO Manual for Bridge Evaluation, current edition, and the MaineDOT Load Rating Guide when considering attachment to an existing bridge structure. The Utility shall not be allowed on structures whose legal load ratings are less than 1.0.
    2. (7) Hazardous Transmittant Pipelines
      Hazardous Transmittant pipelines shall not be allowed to attach to bridges over traffic. Hazardous Transmittant Pipelines attached to bridges over waterways shall have shutoff valves placed at each end of the bridge. In the event of high water and/or debris threatening or reaching the bottom chord of the bridge, the pipeline shall be shut off on both ends of the bridge until the threatening conditions have subsided.

B. Connection Requirements

(1) Flanges/Webs

Drilled holes in the web area, which are located at least 6 inches from the flanges, are permitted. Attachments to the flanges are not permitted.

(2) Diaphragms

For any attachments located between two steel beams, replacement of the diaphragms with Facility support brackets may be permitted, provided the replacement is equal in strength to the original and of compatible materials.

(3) Holes through Abutments

Any holes through concrete abutments shall be core drilled and sealed with a waterproof seal, such as a link seal, to prevent water leakage and migration of fines.

(4) Approach Slabs

Cutting through concrete approach slabs may be permitted providing the slab is repaired to achieve the same strength as the original design. The method of these proposed repairs are to be reviewed and accepted by MaineDOT.

(5) Electric Supply Lines /Communication Lines

Buried cable shall be carried to a manhole located beyond the backwall and/or approach slabs of the Bridge. Carrier and Casing pipe should be suitably insulated from Electric Supply Line attachments.

(6) Clearances

(a) A minimum offset of 12 inches from any point on the main carrying members (flanges & webs) and substructure units (foundations) to the edge of the outer face of the pipe or insulation is required. Additional clearance may be required for smaller beams or Facilities over 12 inches to ensure adequate access for future maintenance.

(b) Brackets shall be located a minimum of 6 inches above the bottom flange of the steel beams to allow sufficient clearance for rolled staging.

(c) A minimum 2-foot clearance is required on at least one side of any Facility attachment located between beams to allow access for maintenance.

(d) Any attachments to concrete members (such as abutments, piers, and concrete slab superstructures) require a minimum 12-inch clearance.

3. Buried Highway Structures

A. Clearance

For buried Highway Structures, the preferred location for any Facilities is at the edge of the right of way or at least 15 feet upstream or downstream from the end of the structure. If it is not possible to be located in this manner and the Facility must be buried in the roadway, a 12-inch vertical clearance from the structure to the Facility is required.

B. Additional Design Requirements

All Facilities and Appurtenances must be located and designed to allow reasonable replacement of Highway Structures. In most cases, excavation slopes will be at least 1.5:1. For example: a 10-foot pipe with 3 feet of fill will necessitate an excavation width at the roadway surface of at least 50 feet in length. Facilities installed within such areas shall be designed and constructed with due consideration given toward providing temporary support of the Facility during replacement or repair of the Highway Structure.

SECTION 14. EXCEPTIONS AND APPEALS

1. Exceptions

MaineDOT may authorize an exception to any provision of these rules whenever it determines that an exception will best serve the purpose of the Highway corridor, or that compliance with the requirement would be unduly burdensome, and granting the exception would not undermine the purpose of these rules. Some considerations that may contribute to such a decision include:
1. A. Application of the standards presents an exceptional hardship or unreasonable cost under the circumstances;
  1. B. A unique situation exists which could not have been anticipated or considered in the development of these rules;
  2. C. All affected parties, as determined by MaineDOT, jointly agree to a lesser requirement that is supported by applicable National Standards; or
  3. D. The requirements stated herein exceed the limits of the available Highway corridor.
In instances where an applicant initiates a request for an exception, MaineDOT may require documentation demonstrating that any other location is extremely difficult and costly to the consumer and that the installation will not adversely affect the design, construction, stability, traffic safety or operation of the Highway. Requests for exceptions shall be in writing and shall state the reasons for the requested deviation from the rules. This written request must accompany the application for a Location Permit and be transmitted to the Region Engineer for action.

2. Appeals

The applicant has the right to appeal a negative finding for an exception. All appeals shall be submitted in writing to the MaineDOT Director of the Bureau of Maintenance and Operations, detailing the reason for the requested exception and the basis for an appeal of the previous finding. MaineDOT will review the request, and a final decision will be issued in writing.

3. FHWA Approval

The approval of requests by utilities to use or occupy Right-of-Way on Federal-Aid Highway Projects requires the prior concurrence of the FHWA Maine Division office when a proposed installation is not in accordance with 23 CFR 645 or with the MaineDOT Utility Accommodation Rules.

EFFECTIVE DATES:

February 10, 2002 – filing 2002-63 (New)

July 28, 2009 – filing 2009-376 (Amended)

October 14, 2014 – filing 2014-256 (Repealed and replaced)

December 1, 2018 – filing 2018-261 (Amended)

April 5, 2021 – filing 2021-067 (Amended)

APPENDIX

Typical Cross Section Elements (2014)

Standard Detail 604(18), Utility Structures (2014)

Moratorium Pavement Restoration Detail (Revised 2021)

Trench Restoration Detail (Revised 2021)

Underground Electric Lines Detail (Revised 2021)

Utility Poles Located Behind Guardrail Systems (2018)

Gas Distribution and Service Installation Detail (2014)

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