Sec. 1. 23 MRSA §704, as amended by PL 1999, c. 473, Pt. C, §1, is repealed and the following enacted in its place:

§704.__Entrances to highways regulated

It is unlawful to construct or maintain any driveway, entrance or approach within the right-of-way of any state or state aid highway that lies outside of the compact area of an urban compact municipality, as defined in section 754, without a written permit from the department, or if within the compact area, without a written permit from the proper municipal officials.__The right- of-way is considered the full width of the right-of-way as laid out by the State, the county or the municipality.__The department is directed and municipalities are authorized to make such rules and regulations as to the design, location, number and construction of driveways, entrances and approaches on those highways as will adequately protect and promote the safety, health and welfare of the traveling public; maintain traffic flow and highway right-of-way drainage; and conserve existing highway investment.__These rules must ensure, in priority order, avoidance, minimization and mitigation of the negative impacts of access on the operation of the highway consistent with its functional classification.

A permit is not required for any existing driveway, entrance or approach unless its grade or location is changed or unless the use being served by the driveway, entrance or approach is changed.__The department and the municipalities shall deny ingress to and egress from property abutting the highway where access rights are being or have been purchased by the department.

Except as provided in rules adopted by the department, no more than one driveway, entrance or approach onto a state highway outside a designated urban compact area is permitted per lot of record in existence on July 1, 2000 and having state highway frontage.

A violation of any of the provisions of this section or the rules made pursuant to this section is punishable by a fine of not more than $100 per day per violation.

Rules adopted by the department pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 2. Smart growth assistance to municipalities. The Department of Transportation, Bureau of Planning shall work cooperatively with