1. Generally. The department has maintenance responsibility and capital responsibility for all bridges on state aid highways and town ways except as provided in subsection 2 or unless provided otherwise pursuant to section 566, subsection 5.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

Terms Used In Maine Revised Statutes Title 23 Sec. 565

  • Bridge: means a structure, including supports, designed principally to carry motor vehicles that is erected over a depression or an obstruction, such as water, a highway or a railway, and has an opening measured along the center of the roadway of more than 20 feet between the undercropping of abutments or spring lines of arches or the extreme ends of openings for multiple boxes. See Maine Revised Statutes Title 23 Sec. 562
  • Capital improvement: includes construction of new structures, replacement of existing structures, removal of closed structures and rehabilitation of existing structures. See Maine Revised Statutes Title 23 Sec. 562
  • Capital responsibility: means the responsibility to provide all resources needed to make capital improvement to a structure. See Maine Revised Statutes Title 23 Sec. 562
  • Maintenance: means the work necessary to preserve a structure's existing structural or functional capacity and integrity and to abate deterioration of its components. See Maine Revised Statutes Title 23 Sec. 562
  • Maintenance responsibility: means the responsibility to provide all resources needed to perform maintenance on a structure. See Maine Revised Statutes Title 23 Sec. 562
  • Municipality: includes departments or bureaus of State Government and quasi-independent agencies or boards of State Government that are responsible for structures on public highways, excepting the Maine Turnpike Authority. See Maine Revised Statutes Title 23 Sec. 562
  • Property valuation: means the value of all taxable property in a municipality based upon 100% of the current market value as determined by the State Tax Assessor. See Maine Revised Statutes Title 23 Sec. 562
  • Redundant bridge: means a bridge in which the AADT multiplied by the detour length in miles is less than 200. See Maine Revised Statutes Title 23 Sec. 562
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Low use or redundant bridges on town ways. A municipality has maintenance responsibility for all low use bridges on town ways and all redundant bridges on town ways.
For the capital improvement of a low use bridge on a town way or a redundant bridge on a town way located wholly within one municipality, the municipality shall pay 50% of the cost or 1% of its property valuation, whichever is less. For a bridge located on a town line, each municipality shall pay 25% of the cost of the capital improvement or 1% of its property valuation, whichever is less, unless the municipalities and the department agree otherwise. The department shall pay the remaining portion of the cost of the capital improvement.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

SECTION HISTORY

PL 2001, c. 314, §2 (NEW). PL 2001, c. 314, §4 (AFF). PL 2001, c. 667, §§C20,22 (AFF).