06-096 C.M.R. ch. 377, § 4 - Standards For the Construction of Private Ways

In order to qualify for the exemption provided for under 38 M.R.S.A. §488, private ways to be located in areas not subject to the jurisdiction of the Maine Land Use Regulation Commission shall be located, constructed, and maintained in accordance with the following standards:

A. Private ways shall not be constructed in the following areas, except as provided by Section 3(B) of these regulations.

(1) A historic site, as defined in Department Regulations, Chapter 375(11)(B);

(2) A site of an unusual natural area, as defined in Department Regulations, Chapter 375(12)(B);

(3) An area of particular importance to fish and wildlife, including, but not limited to:

(a) Important deer wintering areas;

(b) Habitat of any species declared threatened or endangered by the Commissioner, Maine Department of Inland Fisheries and Wildlife, or the Director of the U.S. Fish and Wildlife Service;

(c) Nesting areas for bird colonies; or

(d) Important freshwater wetlands.

(4) An area over 2,700 feet in elevation above sea level; or

(5) An area where the soil type or types may not be suitable for the nature of the undertaking, such as muck or peat soils.

B. Proper measures will be taken during the construction of the private way to insure that unreasonable sedimentation and erosion of exposed mineral soil and fill will not take place.

C. Long, steady grades will be avoided and occasional breaks in grade will be made to facilitate natural drainage; unless water runoff is properly managed through the use of-drainage structures.

D. Road grades will be kept below ten percent except for short distances where the grade may exceed ten percent. Where a road grade exceeds ten percent, culverts, water bars, turnouts, and/or ditching will be installed to properly manage water runoff.

E. Roads will be designed and constructed to facilitate natural drainage by outsloping, insloping, or crowning, as appropriate.

F. Cut and fill banks will be stabilized to avoid unreasonable slumping, washing, or the erosion of such banks.

G. Drainage ditches will be provided where appropriate to effectively control water entering the road area.

(1) Ditches will be properly stabilized such that the potential for unreasonable erosion does not exist.

(2) Ditches will not drain directly into natural water bodies, including lakes, ponds, rivers, and streams.

(3) Ditches along roads approaching water crossings will be designed to empty onto a filter strip of undisturbed, vegetated land. The width of the filter strip will be dependent on the slope of the land between the outflow point of the ditch and the normal high water mark of the surface water body and will be at least the width indicated below:

average slope of land between the ditch outflow point and the normal high water mark (percent)	width of filter strip between the end of the ditch and the normal high water mark (feet along surface of the ground)
0	25
10	45
20	65
30	85
40	105
50	125

(a) Where a filter strip of the appropriate width indicated is impractical, an appropriate technique will be used to reasonably prevent sediment from directly entering the water body, such as sump holes or settling basins sized to accommodate maximum, anticipated flow in the ditches.

H.When a road is not approaching a water crossing, unless impractical because of the topography of the land, a filter strip of undisturbed, vegetated land will be left between the exposed mineral soil of the road and the normal high water mark of any natural water body. The width of the filter strip will be at least as wide as is indicated in the table set forth under subsection G.

I. For a length of fifty feet of roadway on both sides of a water crossing, the width of the disturbed right-of-way will be no greater than the width of the roadway, ditches, and embankments (fill) plus ten feet on both sides of the road.

J. Water crossings will be kept to a minimum and will cross water bodies at right angles to the fullest extent possible.

(1) Bridges will cross streams where streams are straight and narrow and the stream banks are high and straight, to the fullest extent practicable.

K. Bridges and culverts at stream and swale crossings will be designed, installed, and maintained to allow the passage of maximum anticipated stream flow and, where relevant, the passage of fish.

(1) Culverts used at water crossings will be installed such that:

(a) The culvert inlet is placed at or below, but not above, the grade of the stream bed.

(b) Filling under the culvert to bring the culvert up to grade is avoided.

(c) The culvert is set on firm ground and earth is compacted at least halfway up the side of the culvert to prevent water from leaking around the culvert.

(d) The culvert is covered with at least one foot of soil and the cover is compacted to prevent settling in the road.

(e) A headwall at the upstream end of the culvert is protected from eroding by means appropriate for the situation.

(2) Bridges will be built such that exposed soil is properly stabilized to reasonably avoid erosion and sedimentation.

L. Ditch relief or cross drainage culverts, open top culverts, and drainage dips will be placed where appropriate to move water across the road before the flow in drainage ditches gains sufficient volume or head to erode the ditches or roadway.

(1) On slopes greater than 10%, ditch relief or cross drainage culverts and open top culverts will be placed across the road at approximately a 30 degree angle downslope from a line perpendicular to the centerline of the road.

(2) Drainage dips may be used in place of ditch relief culverts only where the road grade is 10 percent or less.

(3) Ditch relief culverts, cross drainage culverts, open top culverts and drainage dips will direct drainage onto a filter strip of natural undisturbed land, and their outlets will be stabilized with appropriate materials.

NOTE: The following table should be used as a guide in spacing ditch relief culverts and drainage dips along a road.

Road Grade (percent)	Spacing (feet)
1-2	500-300
3-5	250-180
6-10	167-140
11-15	136-127
16-20	125-120

M.Water crossings and drainage systems will be maintained throughout the time when a road is being used such that they are effective in accomplishing their intended purpose.

N. Upon discontinuation or suspension of the use of road for more than three years:

(1) Water bars will be constructed at intervals which allow the water bars to accomplish their intended function.

NOTE: The following table should be used as a guide in determining the spacing of water bars:

Road Grade(percent)	Spacing (feet)
1-2	250
3-5	200-135
6-10	100-80
11-15	80-60
16-20	60-45
21+	40

(a) Water bars will be constructed at approximately a 30 degree angle downslope from a line perpendicular to the centerline of the road and should drain at a slight outslope onto undisturbed, vegetated land.

(b) Water bars will be constructed so as to effectively prevent surface water from flowing over or under the water bar and will extend a sufficient distance beyond the roadway so that water will not reenter the road surface.

(2) All bridges and culverts, which will not be maintained, will be removed and all areas of exposed mineral soil will be permanently stabilized.

(a) The removal of bridges and culverts will be done in a manner and during the appropriate season such that unreasonable erosion and sedimentation will not occur.

Notes

06-096 C.M.R. ch. 377, § 4