17-229 Chapter 103 page 2
17-229 DEPARTMENT OF TRANSPORTATION
Chapter 103: RULE FOR THE SENSIBLE TRANSPORTATION POLICY ACT
TABLE OF CONTENTS
RULE FOR THE SENSIBLE TRANSPORTATION POLICY ACT
17-229-103
Subchapter I - Maine Department of Transportation
Section 1 Summary 3
Section 2 Scope 3
Section 3 Definitions 4
Section 4 Planning Policies, Regional Involvement and Public Participation 7
Section 4A Introduction 7
Section 4B Policy Objectives 8
Section 4C Coordination with Regional Councils 8
Section 4D Municipal Planning 9
Section 4E MPO Planning and Coordination 10
Section 5 Statewide Long-Range Transportation Plan 10
Section 5A Introduction 10
Section 5B Transportation System Inventory 11
Section 5C Funding Scenarios and Future Implications 11
Section 5D Plan Development 11
Section 5E Finalization of the Statewide Long-Range Transportation Plan 12
Section 6 Capital Investment Decisions 12
Section 7 Significant Transportation Projects 12
Section 7A Introduction 12
Section 7B Transportation Strategy Evaluation 13
Section 7C Planning Meetings and Workshops 14
Section 7D Land Use Consistency Reports 15
Section 7E Draft Analysis and Public Hearing 15
Section 7F Final Analysis 16
Section 7G Non-MaineDOT Initiated Significant Transportation Projects 16
Section 8 Substantial Public Interest Projects 17
Section 8A General 17
Section 8B New and Modified Interchanges 17
Section 9 Community Enhancement and Project Scoping 18
Section 10 Project Development 19
Subchapter II - Maine Turnpike Authority
Section 1 Planning 20
Section 2 Significant Transportation Projects 20
Section 3 Substantial Public Interest Projects 25
Section 4 Capital Investments Decisions; MTA Capital Investment Plan 26
Section 5 Community Enhancement 27
Section 6 Project Development 27
Section 7 Inter-Agency Cooperation 28
Subchapter III – Municipal Planning
Section 1 Introduction 29
Section 2 Regional Transportation Planning: Purpose and Goals 29
Section 2A Conditions and Trends 29
Section 2B Analysis and Key Issues 31
Section 2C Transportation Vision, Goals, Policies and Strategies 33
Section 2D Submission Criteria 35
Section 2E Review Criteria 35
Section 2F Review and Update 35
Section 2G Public Involvement 35
Section 3 Community Transportation Investment Incentives 36
Section 3A Adoption 36
Section 3B Memorandum of Agreement 36
Section 3C Public Incentives 36
SUBCHAPTER I
Section 1: SUMMARY
This rule is adopted pursuant to the Sensible Transportation Policy Act, 23 M.R.S.A. §73. The decisions made in the transportation sector are of critical importance to the people of Maine. The field of transportation is diverse ranging from pedestrian to motorized vehicles to telecommunications. This rule reflects the diversity in the decision-making which occurs in the planning and development of Maine's transportation network.
The rule provides a framework for examining a range of choices. It recognizes there are benefits and costs (social, financial, energy, and environmental quality) to transportation decisions. The safety of the traveling public is of paramount importance, but transportation as a resource needs to be both supplied as well as conserved. The livability of a community can be significantly influenced by transportation and land use decisions. The rule identifies policies and management strategies for the analysis of these diverse issues.
This rule has been developed in response to the Sensible Transportation Policy Act, as amended. There are other state and federal statutes that significantly affect the Maine Department of Transportation's activities. These statutes (e.g. 23 USC §101 et seq., Intermodal Surface Transportation Efficiency Act of 1991, ((ISTEA)) Pub. L. No. 102-240, 105 Stat 1914 and its subsequent authorizations, the National Environmental Policy Act, 42 U.S.C. §4321 et seq.; Clean Air Act, 42 U.S.C. §7401 et seq. and the Clean Water Act 33 U.S.C. §1251 et seq.) and others have specific processes and evaluations which may require a substantial commitment of resources by the Maine Department of Transportation (MaineDOT). To the extent possible MaineDOT shall avoid duplication when utilizing the processes and evaluations set forth in this rule to meet its obligations under other state and federal laws.
Section 2: SCOPE
This rule applies to the transportation planning decisions, capital investment decisions, and project decisions of the Maine DOT.
The Maine Turnpike Authority's (MTA)'s governing statute is set forth in 23 M.R.S.A. §1961 et seq. (as amended). This rule also applies to the transportation planning, capital investment and project decisions of MTA.
In addition, this rule pertains to the growth management and transportation planning activities of municipalities.
Section 3: DEFINITIONS
The following definitions will apply to the terms used in this rule:
Abbreviations. The following abbreviations are used in the text of this rule:
FHWA Federal Highway Administration
MaineDOT Maine Department of Transportation
MPO Metropolitan Planning Organization
MRSA Maine Revised Statutes Annotated
MTA Maine Turnpike Authority
NEPA National Environmental Policy Act
RC(s) Regional Council(s) per MRSA Title 30-A §2302
TIP Transportation Improvement Program
USC United States Code
Alternatives. See Strategies
Auxiliary Lane. The portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, passing, truck climbing, and other purposes supplementary to through-traffic movement.
Capacity. The maximum sustainable flow rate at which persons or vehicles can reasonably be expected to traverse a point or uniform segment of a lane or roadway during a specified time period under given roadway, geometric, traffic, location and control conditions; usually expressed as vehicles per hour, passenger cars per hour, or persons per hour.
Capital Improvement Project. A project which requires expenditure to provide new facilities or to increase the value of an existing fixed asset by increasing its capacity, efficiency or extending its original useful life.
Community Enhancements. Enhancements that improve environmental quality above and beyond any project mitigation requirements. They ensure the project is designed and built with minimal disruption to the community, incorporating safe and technically sound solutions that add value for both the user and the community.
Comprehensive or Long Range Land Use Plan. A Comprehensive or Long Range Land Use Plan is one that has been adopted by a municipality or a multimunicipal region within the past five years and that has been found by the State Planning Office to be consistent with the Comprehensive Planning and Land Use Regulation Act and by the MaineDOT to be consistent with the applicable sections of the Sensible Transportation Policy Act and their respective rules.
Context Sensitive Solutions (CSS). Solutions that result from a collaborative, interdisciplinary approach involving all stakeholders in developing a transportation facility that compliments its physical, cultural and social setting and preserves scenic, aesthetic, and natural resources while maintaining safety and mobility.
Efficient or Efficiently: For purposes of this rule, theses terms relate to public or private actions that avoid or minimize negative effects on the transportation system, the state economy or the state’s natural and cultural resources. In addition, these terms relate to actions that prolong the life of existing transportation infrastructure.
Environmental Quality. For purposes of transportation and land use planning, environmental quality means avoiding, minimizing or mitigating impacts to the physical, cultural, social, scenic, aesthetic, and natural environment.
Interchange. A system of interconnecting roadways with one or more grade separations that provide for the movement of traffic between roadways on different levels. Interchanges include related bridges, overpasses, underpasses, ramps, and associated controlled access roads to the nearest state highway as defined by 23 M.R.S.A. §53.
Life Cycle Costs. The expected costs of building and maintaining a facility over the design life of that facility. These traditionally include:
(1) Initial capital cost of construction;
(2) Future capital costs of rehabilitation (overlays, reconstructions, etc.);
(3) Maintenance costs recurring through design period;
(4) Salvage at end of design life (a “negative cost”);
(5) Engineering and administration; and
(6) Costs of investment.
Long-Range Transportation Plans. These plans include the long-range multimodal statewide transportation plan and its mid-range transportation improvement plan. The long-range plan may be one document or may consist of individual planning documents included by reference.
Maintenance. The preservation and repair of vehicles, machinery, equipment, and transportation facilities to their designed or accepted standards. It may be scheduled, planned, progressive, or periodic (preventive maintenance), or it may be unscheduled or corrective.
Major distribution areas. Major distribution areas are highway interchanges, major routes and arterials. The criteria used to determine whether a highway is a major route or arterial will include land use, relative annual daily traffic, trip length, network configuration and continuity, and route spacing.
Minor addition of a Through Travel Lane. A non incremental, localized project which does not connect major distribution areas and which does not require an Environmental Impact Statement or Environmental Assessment pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. §4321 et seq.
Multimunicipal Region. Two or more adjoining municipalities that have formally joined together for transportation and land use planning purposes.
Preference. To choose to fund and implement Reasonable Transportation Strategies before physically increasing the capacity of a transportation facility. Preference requires MaineDOT to give weighted consideration to those strategies that are cost-effective and that adequately respond to the purpose and need for the transportation project. For the purposes of Chapter III, preference means to choose to fund and implement transportation strategies in communities where the land use management system complements the functions of the affected transportation system.
Reasonable Transportation Strategies. Strategies that adequately respond to the identified deficiency or need in the transportation network, are cost effective, and are capable of being implemented within a reasonable time period necessary to meet the transportation deficiency or need are considered reasonable. Reasonable transportation strategies must be easily accessible, affordable to the general public, available during high use hours and serve to reduce congestion on the highways. Reasonable Transportation Strategies may also include land use management tools adopted, implemented and enforced at the local level.
Regional Councils (RCs) include Regional Planning Commissions and Councils of Governments and Economic Development Districts.
Significant Transportation Projects. Maine Turnpike Authority, State or Federally Funded projects that increase carrying capacity by constructing:
(1) One or more through travel lanes that connect major distribution areas;
(A minor addition of a through travel lane is not a significant transportation project.)
(2) A new highway on new location;
(Minor relocation of highway is not new location.)
(3) A new bridge on new location;
(Minor relocation of a bridge is not new location.)
(4) Other public investments that create new capacity.
For purposes of this rule, Significant Transportation Projects only include projects that increase carrying capacity that rely fully or partially on Maine Turnpike Authority, state or federal funds.
Strategies. For the purposes of this rule, strategies are transportation and land use solutions used on their own or in combination to achieve a desired and agreed upon outcome.
Substantial Public Interest Projects. Projects where one or more affected communities through their municipal officials formally request MaineDOT to deem the project a Substantial Public Interest Project. Such formal requests must outline specific public interest considerations.
System Preservation. Capital project actions intended to retain the existing value of an asset and its ability to perform in its current configuration or as constructed.
Through Travel Lanes. Portions of a roadway designated for the movement of vehicles traveling through an area, exclusive of shoulders and auxiliary lanes.
Transportation Corridor. Transportation system elements that interconnect communities; a corridor includes highways, rail lines, bicycle or pedestrian trails and/or any ancillary support facilities (park and ride lots, rail stations, etc.), or any combination of these facilities.
Transportation Demand Management. The use of techniques designed to change travel behavior in order to improve performance of transportation facilities and to reduce need for providing additional highway capacity. Methods may include, but are not limited to, ride-sharing and vanpool programs, trip-reduction incentives and congestion mitigation pricing. These methods will generally be evaluated on a regional basis rather than a project by project basis. Transportation Demand Management methods may also include local and or regional land use planning and regulatory activities that promote compact mixed patterns of development that reduce the need for additional highway capacity.
Transportation Mode. A particular form of travel such as traveling by foot, bicycle, automobile, bus, passenger and freight intercity rail, urban light rail, waterborne passenger and freight vessels, and air transport.
Transportation System Management Options. Techniques for increasing the efficiency, safety, capacity or level of service of a transportation facility. Examples include, but are not limited to, traffic signal improvements, traffic control devices including installing medians, parking removal, channelization, limiting the number and location of access points, ramp metering and restriping for high occupancy vehicle lanes.
Section 4: PLANNING, POLICY OBJECTIVES, REGIONAL INVOLVEMENT AND PUBLIC PARTICIPATION
A. Introduction
Adequate, safe and efficient transportation facilities and services are essential to the economy and well being of the State. These facilities and services should serve the diverse mobility needs of the State and should be planned and developed through effective public participation. Transportation and land use planning should be integrated with social, environmental, and economic objectives and coordinated with local, regional and statewide planning efforts to address environmental quality objectives. Planning for these facilities and services should be done to improve transportation system efficiency, improve the efficiency of vehicles and vehicle usage, and reduce waste and unnecessary energy use.
MaineDOT is the state agency charged with the overall responsibility for balanced transportation policy and planning. Implementation of MaineDOT's plans and policies is achieved through a continuing planning process which creates and maintains a long-range, multimodal statewide transportation plan, a mid-range transportation improvement plan, and associated transportation improvement program.
Under the umbrella of transportation planning several levels of effort are commonly found, namely: statewide systems planning, regional planning, corridor planning and project planning. It is important to note that each of these planning activities may involve different levels of complexity and require different levels of public involvement. The complexity of these planning activities requires integration of public input early and often from diverse sources at the regional and local levels. MaineDOT collaborates with the Regional Councils (RCs) who, as partners, play a vital role in ensuring the integration of public input and regional needs in MaineDOT’s planning process. RCs are uniquely equipped to assist in soliciting coordinating and summarizing public input to MaineDOT’s planning activities. The results of RC-led public involvement activities are incorporated into the Department’s overall transportation plans.