06-096 C.M.R. ch. 377, § 2 - Definitions

The following terms, as used in the Site Location Law ( 38 M.R.S.A. §481 et seq.) and in these regulations (Chapter 377), shall have the following meanings, unless the context otherwise indicates:

A. Private way. "Private way" means a road, as used in 38 M.R.S.A. §482(6)(B) and as defined in Department of Environmental Protection Regulations, Chapter 371 (1)(O), that has a primary purpose other than providing access to the general public and which is not intended or likely to be maintained through the use of public funds. Private ways include, but are not limited to, land management roads, private roads, and private driveways.

(1) Roads that are constructed and maintained through the use of public funds by public agencies for administrative purposes, and are not intended to be used by the general public shall be considered private ways.

B. Public way. "Public way" means a road, as used in 38 M.R.S.A. §482(6)(B) and as defined in Department of Environmental Protection Regulations, Chapter 371(l)(O), which is intended to be used by the general public and which is intended or likely to be maintained through the use of public funds. Public ways include but are not limited to, public roads which are not specifically exempt under 38 M.R.S.A. §482(2) and roads which are part of a subdivision or other form of development, even if the overall development, exclusive of roads, is not subject to review under the Site Location Law.

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NOTE: "Road", as defined in Department Regulations, Chapter 371(l)(O), means: "a way or course which is:

1. Constructed or formed by substantial recontouring of the land;

2. Designed to permit passage of most wheeled vehicles;

3. Not intended to be abandoned and revegetated within a short period oftime; and

4. Designed to be permanent or intended to be used for a significant period of time."

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C. Road

(1) In calculating whether the three acre threshold of the law has been exceeded:

(a) The area of continuous road to be constructed after the effective date of these regulations, exclusive of banks, ditches and portions of the right-of-way which are to be revegetated within two growing seasons from the time construction commences.

(b) The area of roads constructed prior to the effective date of these regulations shall not be included, unless otherwise specified.

(c) The reconstruction of an existing road, including widening and straightening, to be undertaken after the effective date of these regulations shall be included.

(d) Normal maintenance of an existing road, including gravel resurfacing, grading, reditching, reshaping, culvert maintenance and replacement, and the clearing of brush, shall not be included.

(2) Once a continuous stretch of road has exceeded the three acre threshold, all additions to that road are subject to review under the law.

D. Substantial recontouring of land. "Substantial recontouring of land", as used in Department Regulations, Chapter 371(l)(0)(l), means the removal of vegetation and the movement of soil such that the natural configuration of the land is altered.

E. Designed to permit passage of most wheeled vehicles. "Designed to permit passage of most wheeled vehicles", as used in Department Regulations, Chapter 371(1)(O)(2), means that the road is designed such that it will be passable by most four-wheel drive vehicles, exclusive of skidders and tracked vehicles.

F. To be abandoned and revegetated within a short period of time. "To be abandoned and revegetated within a short period of time", as used in Department Regulations, Chapter 371(1)(O)(3), means that the road ceases to be used for the purpose for which it was constructed and is revegetated, either naturally or artificially, such that vegetation is present and is effectively stabilizing exposed mineral soil within two growing seasons from the time construction commences.

G. Designed to be permanent or intended to be used for a significant period of time. "Designed to be permanent or intended to be used for a significant period of time"; as used in Department Regulations, Chapter 371(1)(O)(4), means that the road is designed and intended to be used for a period of time exceeding two years from the time construction commences.

Notes

06-096 C.M.R. ch. 377, § 2