Sec. 1. 23 MRSA §704, as amended by PL 1971, c. 593, §22, is further amended to read:

§704. Entrances to highways regulated

It shall be is unlawful to construct or maintain any driveway, entrance or approach within the right-of-way of any state or state aid highway which that lies outside of the compact or built-up section, so called, without a written permit from the department, or if within the compact or built up section, so called, without a written permit from the proper town officials, and such the right-of-way shall be deemed is considered the full width of the right-of-way as laid out by the State, county or the town. The department is directed and towns are authorized and directed to make such rules and regulations as to design, location and construction of driveways, entrances and approaches on said highways as will adequately protect and promote the safety of the traveling public and appropriately preserve highway capacity, but the department and the towns shall in no case may not deny reasonable ingress to and egress to from property abutting the highway except on limited access highways. No A permit shall be is not required for any existing driveway, entrance or approach unless the grade or location of the same is changed, but if any driveway, entrance or approach is changed in location or grade or improved, a permit shall be is required. If any existing driveway, entrance or approach is changed in degree size or kind of use, a permit shall be is required.

Whoever violates any of the provisions of this section or the rules and regulations made under authority thereof shall of this section must be punished by a fine of not more than $100 in accordance with the schedule of civil penalties in Title 30-A, section 4452, subsection 3.

SUMMARY

This bill amends the highway entrance permit law to require the Department of Transportation to include considerations of highway capacity in developing the rules and design requirements for driveways and entrances onto state and state-aid highways. Currently the department may only consider issues of safety. This bill also increases the penalty for violations of the entrance permit requirement to reflect the statutory penalties for land use law violations.