LD 1452
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Page 1 of 3 An Act To Provide Incentives for Development and To Amend Traffic Movement Perm... Page 3 of 3
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LR 1887
Item 1

 
Sec. 5. 23 MRSA §704-A, sub-§2, ¶G is enacted to read:

 
G.__For a project that generates 400 or more passenger car
equivalents at peak hour, with entrances or exits located
on an arterial highway as defined in section 704, in order
to limit unnecessary arterial curb cuts and to provide for
street access to undeveloped adjoining property, the
applicant shall dedicate for public use at least a 50-foot
wide right-of-way to the boundary of adjacent properties
unless:

 
(1)__Following written opportunity for written
comments from the municipality, the department
determines it is not in the public interest to
require access to adjoining land;

 
(2)__The topography is not suitable for access to
adjoining land;

 
(3)__The project is surrounded by wetlands or other
protected natural or cultural resources and no
suitable land is available for continuation; or

 
(4)__The department finds that a narrower right-of-
way would accomplish the public interest.

 
Sec. 6. 23 MRSA §704-A, sub-§10 is enacted to read:

 
10.__Violation.__A violation of this section or the rules
adopted pursuant to this section is punishable by a fine of
not more than $100 per day per violation.__The fine begins to
accrue 30 days after the Department of Transportation sends
notice of the violation to the landowner.__The department
shall establish procedures for administrative enforcement of
this section, establishing fines and reconsideration and
appeals of enforcement actions.

 
Sec. 7. 30-A MRSA §4103, sub-§3, ¶D is enacted to read:

 
D.__The licensing authority may not issue a permit for a
building or use until the Department of Transportation has
provided a permit or documentation indicating that an exit
or entrance conforms to Title 23, section 704, if
applicable, and section 704-A, if applicable.

 
Sec. 8. Rulemaking. The Department of Transportation may adopt
rules to implement the purposes of this Act. Rules adopted
pursuant to this section are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.


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