17-229 C.M.R. ch. 210, § 14 - EXCEPTIONS AND APPEALS

Current through 2022-14, April 6, 2022

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.

Notes

17-229 C.M.R. ch. 210, § 14

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