1.
Exceptions
MaineDOT may authorize an exception to any provision of these
rules whenever it determines that an exception will best serve the purpose of
the Highway corridor, or that compliance with the requirement would be unduly
burdensome, and granting the exception would not undermine the purpose of these
rules. Some considerations that may contribute to such a decision
include:
A. Application of the
standards presents an exceptional hardship or unreasonable cost under the
circumstances;
B. A unique
situation exists which could not have been anticipated or considered in the
development of these rules;
C. All
affected parties, as determined by MaineDOT, jointly agree to a lesser
requirement that is supported by applicable National Standards; or
D. The requirements stated herein exceed the
limits of the available
Highway corridor.
In instances where an applicant initiates a request for an
exception, MaineDOT may require documentation demonstrating that any other
location is extremely difficult and costly to the consumer and that the
installation will not adversely affect the design, construction, stability,
traffic safety or operation of the Highway. Requests for exceptions shall be in
writing and shall state the reasons for the requested deviation from the rules.
This written request must accompany the application for a Location Permit and
be transmitted to the Region Engineer for action.
2.
Appeals
The applicant has the right to appeal a negative finding for
an exception. All appeals shall be submitted in writing to the MaineDOT
Director of the Bureau of Maintenance and Operations, detailing the reason for
the requested exception and the basis for an appeal of the previous finding.
MaineDOT will review the request, and a final decision will be issued in
writing.
3.
FHWA
Approval
The approval of requests by utilities to use or occupy
Right-of-Way on Federal-Aid Highway Projects requires the prior concurrence of
the FHWA Maine Division office when a proposed installation is not in
accordance with 23 CFR 645 or with the MaineDOT Utility Accommodation
Rules.
