17-229 C.M.R. ch. 210, § 4 - DEFINITIONS

Current through 2022-14, April 6, 2022

The following terms used in these rules shall be interpreted as follows:

Appurtenance - Any manhole, pull box, junction box, Vent, riser, anchor, guy wire, push brace or other incidental component of a Utility system, whether aboveground or belowground, excluding Facilities.

APWA Uniform Color Code - Red = Electric; Yellow = Gas-Oil-Steam; Orange = Communication-CATV; Blue = Potable Water; Purple = Reclaimed Water; Green = Sewer; Pink = Temporary Survey Markings; White = Proposed Excavation

Authorized Entity - any entity authorized to place and maintain Facilities within the Highway limits.

Backfill - Replacement of soil around and over a Facility or Appurtenance.

Backslope - The graded slope between the centerline of ditch and the original ground, located on the side of the ditch opposite the Traveled Way. Ref. Appendix - Typical Cross Section Elements

Bridge - A structure designed to carry pedestrians, vehicles, trains or other modes of transportation over another transportation corridor, water, or other physical barrier having a single span of at least 10 feet between supports or a combined open area of 80 square feet for multiple structures (i.e. multiple culverts). For the purpose of these rules, this term shall include both bridges and minor spans as defined in 23 MRS §562.

Casing - Pipe or other separate structure around and outside an underground Facility that is designed to support the dead loads of the Highway and superimposed loads thereon, including that of construction machinery.

Clear Zone - A Recovery Area established through consideration of traffic volumes, speed, recoverable and non-recoverable slopes, and roadside geometry and as applied through procedures defined in the Roadside Design Guide published by AASHTO and, further guidance as provided in MaineDOT Engineering Instructions and revisions thereto.

Commissioner - The Commissioner of MaineDOT.

Communication Lines - The conductors and their supporting or containing structures that are used for public or private signal or communications service which operate at potentials not exceeding 400 V to ground or 750 V between any two points of the circuit, transmitted power of which does not exceed 150 W. When the conductors are operating at less than a nominal voltage of 90 V, no limit is placed on the transmitted power of the system. Under specified conditions, communication cables may include communication circuits exceeding the preceding limitation when such circuits are also used to supply power solely to communications equipment. Note: Telephone, telegraph, Railroad signal, data, clock, fire and police alarm, cable television and other systems conforming with the above are included. Lines used for signaling purposes, but not included under the above definition, are considered as (electric) supply lines of the same voltage and are to be so installed. [NESC]

Compact Area - An area in which a Municipality has the responsibility for maintenance of state and state-aid roads. Factors that define a Compact area are specified in 23 MRS §754. A current list of Municipalities having Compact Areas is available on the MaineDOT Utilities Website.

Conduit - A structure containing one or more Ducts. [NESC]

Construction Season - The portion of any calendar year in which most Utility or Highway construction occurs (typically April through November).

Controlled Access - A type of Right-of-Way where all rights of access have been acquired from the abutting property owners. MaineDOT has the full power and authority to lay out, establish, acquire, open, construct, improve, maintain, discontinue and regulate the use of all Highways so designated. [23 MRS Chapter 7]

Coordination Meeting - A meeting that is held to discuss project specifics and concerns with the representatives of Authorized Entities having proposed or existing Facilities in the General Area of a Proposed Installation or a Highway construction project.

Cover - Depth of material between the top of a Facility or Appurtenance and the finished grade of the Highway.

Curb - A raised strip of bituminous, concrete or granite that is located at the Edge of Shoulder for surface drainage.

Day(s) - Calendar days. Each day shown on the calendar including Saturdays, Sundays and holidays.

Department - The State of Maine Department of Transportation.

Direct Burial - Installing a Facility underground without Conduit, Duct, Sleeve or any type of Encasement.

Duct - A single enclosed raceway for conductors or cable. [NESC]

Edge of Pavement - (EP) - The outside edge of the paved portion of the Highway constructed and surfaced for normal travel, including any surfaced Shoulders but excluding sidewalks. Ref. Appendix - Typical Cross Section Elements

Edge of Shoulder - (ES) - The outside edge of the Shoulder not adjacent to the Traveled Way. This term may be used whenever a Shoulder exists, regardless of whether or not the Shoulder is surfaced with hot bituminous pavement. Ref. Appendix - Typical Cross Section Elements

Edge of Traveled Way - (ETW) - The outer edge of the outmost lane intended for vehicular traffic and exclusive of shoulders and some turning lanes which will be evaluated individually. The ETW is often indicated by a solid white edge line that exists between the Traveled Way and the Shoulder. In the absence of a painted edge line, the Traveled Way width is assumed as 12 feet from centerline for all Corridor Priority 1 highways or 11 feet from centerline for Corridor Priorities 2 through 6, unless otherwise directed by MaineDOT. Ref. Appendix - Typical Cross Section Elements

Electric Supply Lines - Those wires, conductors, and cables used to transmit electric energy and its necessary supporting or containing structures, equipment, and apparatus used to provide public or private electric supply [NESC]. For the purposes of these rules, the term Electric Supply Lines includes transmission, distribution and Service lines.

Encasement - Structural element surrounding a Facility (Ref. "Casing").

Excavation - Any operation involving the intentional displacement of earth, rock, or pavement surface within the limits of the Highway.

Facility - "Facilities" means:

A) If under the surface of the Public Way, pipes, cables and Conduits; and B) If on or over the surface of the Public Way, poles, hydrants, cables, wires and any plant or equipment. [ 35-AMRS §2502 ] For the purposes of these rules, "Facility" shall also include wireless components and all components of a system not covered by the definition of Appurtenance.

Federal-Aid Highway Projects - As defined in the most current version of 23 CFR 645.

Financial Assurance - A Surety Bond, Letter of Credit or Escrow Account that is set up in the amount of the estimated Impact Value to provide MaineDOT with a mechanism to ensure that reparations to the Highway are completed in an appropriate manner. Financial Assurances are held for one year after the completion of work to ensure that no unforeseen settlement or other Pavement Structure distress occurs.

Flow Area - The strip of land that includes the full width of a ditch line, plus the bottom 2 feet of both the In slope and Backslope. For example, a flat bottom ditch with a width of 2 feet results in a Flow Area width of 6 feet. Since a standard "V" ditch has no width, the Flow Area has a total width of 4 feet. Ref. Appendix - Typical Cross Section Elements

Freeway - The highest type of arterial Highway with full Controlled Access. Essential Freeway elements include: Medians, grade separations at cross streets, ramp connections for entrance to and exit from the Traveled Way, and, in some cases, frontage roads [AASHTO, A policy on Geometric Design of Highways and Streets]. Examples of Freeways in Maine include the Interstate system and the portion of Route 1 between Brunswick and Bath.

General Location - The location along a Highway to be occupied or crossed by a Proposed Installation. Descriptions of a General Location must include a distance from the center of an appropriate Reference Point to the beginning or end of the Proposed Installation, reference to the county and Municipality in which the Proposed Installation will be installed and the relevant Highway name(s) and route number(s) (as applicable).

Hazardous Transmittant - A substance or material which has been determined by the Federal Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated. [ 49 CFR 121.8 ].

Highway - A Public Way including all of the Right-of-Way that may have been laid out by the State, county or town. [ 23 MRS §2(2) ] Ref. Appendix - Typical Cross Section Elements; Syn: street, road

Highway Corridor Priority (HCP)- A highway classification system used by MaineDOT to classify all roadways in the state. The classification system has designations for Corridor Priorities 1 through 6, with Priority 1 corridors being the most critical.

Highway Opening Permit - A permit that authorizes making any underground installation as provided in chapter 23 (Title 35-A MRS) and Title 23, sections 54 and 3351 to 3359. [ 35-A MRS §2503(14) ]

Highway Structure - A general term referring to any part of the Highway that has been designed and constructed with structural considerations to serve a specific highway purpose. Included under this term are Bridges, retaining walls, major drainage structures (not including standard catch basins or culverts), street light poles, traffic signal poles, traffic strain poles, traffic signal mast arms, overhead sign trusses, and other similar structures.

Impact Value - An estimated value that provides a consistent basis for quantifying the extent and type of impact associated with a proposed Excavation within the limits of the Highway. This serves as a basis for calculating fees and for determining when an escrow, bond or letter of credit may become necessary.

Inslope - The graded slope between the Edge of Shoulder and the centerline of an adjacent ditch or the bottom of the slope. Ref. Appendix - Typical Cross Section Elements

Interstate - A Highway on the National System of Interstate and Defense Highways having Freeway characteristics.

Licensing Authority - "Licensing Authority" means:

A) MaineDOT when the Public Way is a state, or state-aid Highway, except for state or state-aid Highways in the Compact Areas of urban compact municipalities as defined in Title 23, section 754; B) The municipal officers or their designees, when the Public Way is a city street or town way or a state or state-aid Highway in the compact areas of urban compact municipalities as defined in Title 23, section 754; and C) The county commissioners, for all other Public Ways. [ 35-A MRS §2502(1) ] MaineDOT is the Licensing Authority for Bridges and Controlled Access Highways, including those within Compact Areas, because of MaineDOT's maintenance responsibility for these assets.

Light Capital Paving - A thin pavement overlay with minor shim in areas. This level of paving treatment is intended to be a holding action.

Location Permit - A permit that sets conditions for and authorizes the location of an Authorized Entity's Facility within the Right-of-Way limits in accordance with 35-A MRS Chapter 25.

Median - The portion of a divided Highway separating the traveled ways for traffic in opposite directions.

MaineDOT - The State of Maine Department of Transportation.

MaineDOT Project - Any capital improvement of a transportation facility administered by or funded through the Maine Department of Transportation. This does not include maintenance activities.

Monopole Installations - Monopole Installations include any Microcell, Transport Facilities, Small Cell, and Distributed Antenna System technologies installed on Utility Pole Structures or self-supporting towers greater than 50 feet in height. Taller monopole installations ranging in height between 75 and 120 feet are typically constructed on large diameter concrete foundations.

Multiple Pole Lines - Two or more sets of Utility poles located along a Highway for the conveyance of transmission or distribution wires or cables, not including service lines.

Municipality - A city or town. [ 30-A MRS §2001(8) ]

National Highway System - Interconnected urban and rural principal arterials and highways (including toll facilities) that serve major population centers, international border crossings, ports, airports, public transportation facilities, other intermodal transportation facilities and other major travel destinations. These arterials and highways must meet national defense requirements; and serve interstate and interregional travel. All routes on the Interstate System are a part of the National Highway System [ 23 CFR 470 ]. The NHS Highways in the State of Maine are currently shown on the Map Viewer that is available on the MaineDOT website.

National Standards - Any standards that have been developed and adopted to apply throughout the United States to specifically address Facilities of a defined type. Specific examples include the USDOT Pipeline Safety Regulations and the NESC.

Out-of-Service Facility - A Facility or Appurtenance that is disconnected from the system and not intended to be used in the future by the operating Authorized Entity. Such Facilities may also be considered "abandoned" by the MPUC.

Pavement Overlay - A MaineDOT Project with a scope consisting of placing new pavement over an existing paved highway surface without realignment of any part of the centerline or additional widening. A "mill and fill" pavement overlay is similar but begins with a grinding operation to remove the old pavement surface before new pavement is placed.

Pavement Structure - The portion of the Highway specifically designed or designated to support vehicular travel including the full width of Traveled Way, the full width of adjacent Shoulders, and the area beyond the Edge of Shoulder to the limits of Subgrade. Ref. Appendix - Typical Cross Section Elements

Preliminary Engineering - The locating, making of surveys, soil and foundation investigations, and the preparation of plans, specifications and estimates in advance of construction operations.

Private Entity - A private organization or individual, other than a Utility, that owns, operates, controls and maintains Facilities for its own use.

Private Facility Exception License - A license from MaineDOT (formerly called a Letter of No Objection) that acknowledges a private Facility within the Highway limits and states that MaineDOT currently has no objection to the Facility being so located. There are no continuous rights conveyed with this license, and MaineDOT may require modification, relocation or complete removal of the private Facility and Appurtenances at any time. The private Facility owner bears all costs and risks relating to the Facility and Appurtenances and is liable for any damage the Facility or Appurtenances may cause.

Project Manager - The Department's duly authorized representative for overall coordination of a project.

Proposed Installation - Facilities proposed to be constructed within a Highway, including future replacements, additions and associated services planned within the next five years to the extent that they are known by the applicant at the time of application.

Public Way - Any road capable of carrying motor vehicles, including, but not limited to, any state Highway, municipal road, county road, unincorporated territory road or other road dedicated to the public. [ 23 MRS §1903(11) ]

Railroad - "Railroad" includes every commercial, interurban and other railway and each and every branch and extension thereof by whatsoever power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, terminal facilities, structures and equipment and all other real estate, fixtures and personal property of every kind used in connection therewith, owned, controlled, operated or managed for public use in the transportation of persons or property. [ 23 MRS §5001(1) ]

Railroad Company - Every corporation or person, their lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any railroad for compensation within this State. [ 23 MRS §5001(2) ]

Recovery Area - The unobstructed portion of the Highway beyond the Edge of Traveled Way that is preserved to provide drivers of errant vehicles a reasonable opportunity to stop safely or otherwise regain control.

Reference Point - A point on the face of the earth that is easily identified on most street maps and on the ground or a point defined from MaineDOT's inventory of roads, Bridge or node numbers. Acceptable examples of these include town lines, major intersections, major stream crossings, Railroad crossings, or Bridges.

Region - One of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules. A map of the current Region areas is available on the MaineDOT Utilities Website.

Region Engineer- The MaineDOT engineer assigned to one of the five MaineDOT Maintenance Regions with authority to implement and enforce these rules.

Resident - The Department's on-site representative.

Right-of-Way- (R/W) - Real property or interests therein, acquired, dedicated or reserved for the construction, operation and maintenance of a transportation facility and other related facilities.

Scenic Byway - A Highway having special scenic, historic, recreational, cultural, archeological, and/or natural qualities that have been recognized as such through legislation or some other official declaration. The terms State Scenic Byway, National Scenic Byway, or All-American Road are designations included under this general term. [FHWA Docket No. 95-15 & 23 M.R.S. §4206(G) ]

Service - A Facility that connects a single customer to a Utility distribution system or network.

Shoulder - That portion of the Highway contiguous with and adjacent to the traveled way that provides lateral support to base and surface courses and can support vehicles. Ref. Appendix - Typical Cross Section Elements

Sleeve - A larger pipe enclosing a Facility. Also see "Casing".

Special Materials - A general term referring to any materials that have been designed specifically to treat special or unique conditions of the Highway. Included under this term are geotextiles, geofoams, lightweight fills, tire chips and other similar materials. This term is not intended to apply to any structures covered under the terms "Highway Structure" or "Pavement Structure".

Specific Location Plan - A plan that indicates the location of Facilities and significant Appurtenances (such as manholes, vaults, and guys) along a Highway. The plan may or may not be drawn to scale, but must provide dimensions to accurately identify the location of a Proposed Installation. Longitudinal distances are provided between control points, bends, manholes, poles, and other similar features. Horizontal offset distances are provided from the centerline of the Traveled Way, nearest Edge of Traveled Way, nearest Edge of Shoulder, face of Curb, or other well defined, applicable reference points. Offsets are measured from the centerline of underground installations or to the Traveled Way side of aboveground installations. The Edge of Traveled Way, Right-of-Way lines (assumed or otherwise), and other pertinent Highway features shall also be indicated on this plan.

Subgrade - The graded portion of a Highway upon which the Pavement Structure is constructed to support vehicular travel. Subgrade exists as a plane located parallel to and at a specified depth below the surface of the Traveled Way. This plane extends horizontally, at the same cross-slope as the Traveled Way, to the intersection with the Inslope or the centerline of ditch, whichever is closer to the Traveled Way centerline. Where no ditch is present, the horizontal limit of Subgrade is one foot beyond the Edge of Shoulder or face of Curb. The depth of Subgrade from the centerline of the Traveled Way surface is based upon the design of the Pavement Structure. On Highways that lack a defined Subgrade or have a Subgrade of less than 12 inches below the bottom of the pavement layer, a minimum depth of 12 inches below the pavement layer will be used. Ref. Appendix - Typical Cross Section Elements

Traffic Control Plan (TCP) - A plan, prepared in accordance with the MUTCD, which indicates the type and placement of traffic control devices to be used around and within work areas on Public Ways. This plan shall meet the requirements of MaineDOT Standard Specification 652.3.3, Submittal of Traffic Control Plan, as amended. Alternately, the Traffic Control Plan may be designed and stamped by a Professional Engineer registered in the State of Maine, provided all other requirements of MaineDOT Standard Specification 652.3.3 are met. This plan must be based on actual site conditions and must clearly indicate the type, location and number of signs, the use of message or arrow boards, the use of police officers or flaggers, and any other information relating to maintaining the safe and efficient flow of traffic as required in MaineDOT Standard Specification 652.3.3.

Traveled Way (TW) - That portion of a Highway designated for the use of vehicular traffic excluding any Shoulders, sidewalks or parking spaces. Ref. Appendix - Typical Cross Section Elements

Trenchless Installation Methods - Any process through which a pipe, Casing or other Facility is installed underground without using an open cut. This term includes: tunneling, pipe jacking, microtunneling, pipe bursting, directional drilling, auger boring, guided boring, and pipe ramming.

Utilities Website - The website maintained by MaineDOT for the purpose of providing current data to Utilities.

Utility - For purposes of these rules, Utility consists of:

1. Public utilities that are regulated by the Maine Public Utilities Commission.

2. Such other entities authorized to locate their facilities in, upon, along, over, across or under the public ways of this State by Chapter 23 of Title 35-A of the Maine Revised Statutes, if such entities are providing services to the general public or to regulated Public Utilities.

These entities consist of every public or private entity that operates telephones or transmits television signals; that owns, controls, operates or manages any pipeline within or through this State for the transportation as a common carrier for hire of oil, gas, gasoline, petroleum or any other liquids or gases; that makes, generates, sells, distributes and supplies gas or electricity; every water or sewer company, district or system owned or operated by a public or private entity; every municipally owned or operated fire alarm, police alarm or street lighting circuit or system; every cooperative organized under chapter 35 (Title 35-A MRS); the University of Maine System, for purposes described in 35-A MRS §2301-A; and any other public or private entity engaged in telecommunications or the transmission of heat, or electricity. [ 35-A MRS §2501 ].

Utility Coordinator - The MaineDOT person responsible for coordinating Authorized Entity Facility locations or relocations.

Utility Pole -A single wooden pole that has a diameter no greater than 18", and a circumference no greater than 56 ½", at the installed ground level. When the generic term "pole" is used, Utility Poles shall be included.

Utility Pole Structure -Other pole structures of any size constructed of steel, concrete, laminated wood, composites, or other materials, and any wooden poles with diameter and circumference greater than 18" and 56½", respectively, used to carry or support facilities that do not fit within the definition of a Utility Pole. When the generic term "pole" is used, Utility Pole Structures shall be included.

Vent - An Appurtenance to discharge gaseous emissions from a Casing.

Wireless Technology Facilities - Wireless Technology Facilities include, but are not limited to, a number of various wireless broadband transmission methods, such as, Microcell, Transport Facilities, Small Cell, and Distributed Antenna Systems, as well as any attendant support facilities such as fiber cable and electric power.

Notes

17-229 C.M.R. ch. 210, § 4

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