17-229 C.M.R. ch. 110, § 3 - Defining the compact or built-up section of highway

The Department shall use the following criteria:

(1) the 200 foot distance will be interpreted to be an average of 200 feet between structures over a minimum of 0.25 miles when reviewing both sides of a road;

(2) the 200 foot distance will be measured along centerline between offsets that are 90 degrees from centerline to the outside edge of structures;

(3) structures can have access drives from the highway in question but may be accessed from nearby side streets;

(4) structures would generally not include distant apartment complexes/developments (300 feet +/- away from road) but the access driveway may be considered a structure;

(5) gaps may occur within the 0.25 mile section such as streams, fields, woods, or other natural features;

(6) intermittent compact sections can be connected by features that are not structures and include, but not be limited to,lawns/fields, graveyards, airports, gated properties, access-controlled sections, or natural features;

(7) noncompact sections well within a contiguous urban compact area would be considered compact.

The actual compact line could be placed at intersecting roads, or other turnaround areas to maximize maintenance efficiencies of both the Department and municipality. Once the boundaries are set, the Department and municipality may mutually agree to swap sections for operational efficiency.

The Commissioner shall have final determination of these boundaries.

Notes

17-229 C.M.R. ch. 110, § 3