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                                                              MAINE

ALLIANCE

FOR

ROAD
ASSOCIATIONS


                                                                            




                                                                              











    Title 23: HIGHWAYS
    Part 3: LOCAL HIGHWAY LAW
    Chapter 305: CONSTRUCTION, MAINTENANCE AND REPAIR
    Subchapter 2: PRIVATE WAYS

    §3101. Call of meetings; maintenance; repairs

    1. Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
    A. "Private way" means a public easement as defined in section 3021, subsection 2. [2007, c. 625, §1 (NEW).]
    B. "Repairs and maintenance" does not include paving, except in locations where limited paving is demonstrated to be a cost-effective approach for fixing an erosion problem or to repair and maintain pavement existing as of July 1, 2007. "Maintenance" includes, but is not limited to, snowplowing. [2007, c. 625, §1 (NEW).]
    [ 2007, c. 625, §1 (NEW) .]
    2. Call of meeting.  When 4 or more parcels of land are benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private way or bridge, the owners of any 3 or more of the parcels, as long as at least 3 of the parcels are owned by different persons, may make written application to a notary public to call a meeting. The notary may issue a warrant or similar written notice setting forth the time, place and purpose of the meeting. Copies of the warrant or similar written notice must be mailed by means of the United States Postal Service to the owners of all the parcels benefited by the private road, private way or bridge at the addresses set forth in the municipal tax records at least 30 days before the date of the meeting. If mailing copies of the warrant or similar written notice to all such owners is not possible, the notary shall post a notice in a public place. The notice must inform the owners of the planned meeting's agenda and specify all items to be voted on. Subsequent meetings may be called in the same manner or by a commissioner or board appointed at a previous meeting pursuant to subsection 5.
    [ 2007, c. 625, §1 (NEW) .]
    3. E-mail.  E-mail may be used as an alternative to United States mail for sending notices and other materials under this section with the agreement of the receiving party as long as the communication includes the current address and telephone number of the sender for purposes of verification.
    [ 2007, c. 625, §1 (NEW) .]
    4. Voting.  Each parcel of land benefited by a private road, private way or bridge represents one vote under this section; except that, if the bylaws of the association authorize more than one vote, then each parcel may represent no more than 2 votes under this subsection. The call to a meeting may state that an owner may elect to appoint another owner to vote in the owner's stead. Owners voting by absentee ballot must be polled on all voting items that were not included in the agenda and the final tally must be reported to the owners.
    [ 2007, c. 625, §1 (NEW) .]
    5. Commissioner or board; repair and maintenance assessment.  The owners of parcels of land benefited by a private road, private way or bridge at a meeting called pursuant to subsection 2 may choose a commissioner or board, to be sworn. By a majority vote, the owners may determine what repairs and maintenance are necessary and the materials to be furnished or amount of money to be paid by each owner for repairs and maintenance. The determination of each owner's share of the total cost must be fair and equitable. The commissioner or board shall report the outcome of all votes to all the owners by United States mail within 30 days. Special assessments for emergency repairs and maintenance may be made at a duly held meeting called for that purpose. Emergency repairs and maintenance are those actions necessary to maintain or restore the functionality of the private road, private way or bridge.
    [ 2007, c. 625, §1 (NEW) .]
    6. Commercial or forest management purposes.  This section does not apply to a private road, private way or bridge constructed or primarily used for commercial or forest management purposes.
    [ 2007, c. 625, §1 (NEW) .]

    7. Immunity from suit.  A commissioner, board or owner of a parcel of land who undertakes activities of a road association under this subchapter is immune from civil liability in all actions by owners or lessees of other lots for the following activities:

    A. The determination of repairs and maintenance to be undertaken; [2009, c. 238, §1 (NEW).]

    B. The determination of materials to be furnished or amount of money to be paid by each owner for repairs and maintenance; [2009, c. 238, §1 (NEW).]

    C. The collection of the money from each owner; and [2009, c. 238, §1 (NEW).]

    D. The awarding of a contract authorized under section 3103. [2009, c. 238, §1 (NEW).]

    [ 2009, c. 238, §1 (NEW) .]

    8. Environmental violations.  Notwithstanding subsection 7, a commissioner, board or owner of a parcel of land is not immune from an enforcement action for a violation of law under the jurisdiction of the Department of Environmental Protection or a municipality.

    [ 2009, c. 238, §2 (NEW) .]

    SECTION HISTORY

    1995, c. 227, §1 (AMD). 1997, c. 682, §1 (AMD). 1999, c. 552, §1 (AMD). 2007, c. 162, §1 (AMD). 2007, c. 625, §1 (RPR). 2009, c. 238, §§1, 2 (AMD). 2009, c. 239, §§1-3 (AMD).

    §3102. Commissioner's or board's duties; neglect of owners to pay

    The commissioner or board chosen under section 3101, with respect to the private road, private way or bridge, has the powers of a road commissioner. If any owner, on requirement of the commissioner or board, neglects to furnish that owner's proportion of labor, materials or money, the same may be furnished by the other owners and recovered of the owner neglecting to pay in a civil action, together with costs of suit and reasonable attorney's fees. The commissioner's or board's apportioning of the cost of repairs to the road undertaken pursuant to the provisions of section 3101 may not exceed 1% of an individual owner's property valuation in any calendar year. [2007, c. 625, §2 (AMD).]

    SECTION HISTORY
    1997, c. 682, §2 (AMD). 1999, c. 552, §2 (AMD). 2007, c. 625, §2 (AMD).

    §3103. Contracts for repair; assessments

    The owners, at a meeting held under section 3101, may by a majority vote authorize a contract to be made for making repairs to and maintaining the private road, private way or bridge by the year or for a lesser time and may raise money for that purpose pursuant to section 3101, subsection 5. The commissioner or board shall collect the money as town taxes are collected and is liable for neglect of duty as town collectors are for similar neglects. [2007, c. 625, §3 (AMD).]

    SECTION HISTORY
    1997, c. 682, §2 (AMD). 2005, c. 479, §1 (AMD). 2007, c. 625, §3 (AMD).                               

    §3104. Penalties and process

    Money recovered under sections 3102 and 3103 is for the use of the owners. In any process for its recovery, a description of the owners in general terms as owners of parcels of land benefited by the private road, private way or bridge, clearly describing the private road, private way or bridge, is sufficient. Such process is not abated by the death of any owner or by the transfer of any owner's interest. [2007, c. 625, §4 (AMD).]

    SECTION HISTORY
    1997, c. 682, §2 (AMD). 2007, c. 625, §4 (AMD).

    §3105. Use of town equipment

    1. Fire and police protection; protecting or restoring a great pond.  The inhabitants of any town or village corporation at a legal town or village corporation meeting may authorize the municipal officers of the town or assessors of the village corporation to use its highway equipment on private roads, private ways or bridges within the town or village corporation, whenever the municipal officers or assessors consider it advisable in the best interests of the town or village corporation for fire and police protection and for the purposes of protecting or restoring a great pond as defined in Title 38, section 480-B, subsection 5 if:
    A. The private road, private way or bridge is within the watershed of the great pond; [2009, c. 239, §4 (NEW).]
    B. The great pond:
    (1) Is listed on the Department of Environmental Protection's list of bodies of water most at risk pursuant to Title 38, section 420-D, subsection 3;
    (2) Has been listed as impaired in an integrated water quality monitoring and assessment report submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the federal Clean Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or
    (3) Is identified as having threats to water quality in a completed watershed survey that uses a protocol accepted by the Department of Environmental Protection; [2009, c. 239, §4 (NEW).]
    C. The Department of Environmental Protection or the municipality determines that the private road, private way or bridge is contributing to the degradation of the water quality of the great pond based upon an evaluation of the road, way or bridge using a protocol accepted by the department; [2009, c. 239, §4 (NEW).]
    D. The repair complies with best management practices required by the Department of Environmental Protection; and [2009, c. 239, §4 (NEW).]
    E. The private road, private way or bridge is maintained by a road association organized under this subchapter or Title 13-B. [2009, c. 239, §4 (NEW).]
    [ 2009, c. 239, §4 (NEW) .]
    SECTION HISTORY
    2009, c. 239, §4 (RPR).                               

    §3106. Municipal assistance for purposes of protecting or restoring a great pond

    1.  Repairs to a private road.  A municipality may repair a private road, way or bridge to prevent storm water runoff pollution from reaching a great pond as defined in Title 38, section 480-B, subsection 5 through the expenditure of public funds if:
    A. The private road, way or bridge is within the watershed of the great pond; [2009, c. 225, §1 (NEW).]
    B. The great pond:
    (1) Is listed on the Department of Environmental Protection's list of bodies of water most at risk pursuant to Title 38, section 420-D, subsection 3;
    (2) Has been listed as impaired in an integrated water quality monitoring and assessment report submitted by the Department of Environmental Protection to the United States Environmental Protection Agency pursuant to the federal Clean Water Act, 33 United States Code, Section 1315(b) at least once since 2002; or
    (3) Is identified as having threats to water quality in a completed watershed survey that uses a protocol accepted by the Department of Environmental Protection; [2009, c. 225, §1 (NEW).]
    C. The Department of Environmental Protection or the municipality determines that the private road, way or bridge is contributing to the degradation of the water quality of the great pond based upon an evaluation of the road, way or bridge using a protocol accepted by the department; [2009, c. 225, §1 (NEW).]
    D. The repair complies with best management practices required by the Department of Environmental Protection; and [2009, c. 225, §1 (NEW).]
    E. The private road, way or bridge is maintained by a road association organized under this subchapter or Title 13-B. [2009, c. 225, §1 (NEW).]
    [ 2009, c. 225, §1 (NEW) .]
    2. Rules.  The Department of Environmental Protection may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
    [ 2009, c. 225, §1 (NEW) .]
    SECTION HISTORY
    2009, c. 225, §1 (NEW).                               
     
     



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    The Maine Alliance for Road Associations is an online community of members active in Maine road associations that are forming or have formed under the Private Ways statute. Its purpose is, in part, the compilation and dissemination of information from many sources. Its website is volunteer-maintained.  The Maine Alliance for Road Associations is not liable for actions taken on the basis of  information posted on this website.