§3105-A. Use of town equipment
The legislative body 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 the town's or village corporation's highway equipment on public easements within such town or village corporation to plow, maintain or repair those public easements to the extent directed by the legislative body and whenever such municipal officers or assessors consider it advisable in the best interest of the town or village corporation for fire and police protection. As used in this section, "public easement" has the same meaning as in section 3021, subsection 2 and as described in section 3022.
[PL 2025, c. 518, §2 (AMD).]
1.
Repairs and maintenance of public easements.
The municipal officers of a town or the assessors of a village corporation, on their own initiative or upon written petition pursuant to Title 30‑A, section 2521 of the owners, lessees or occupants of property used as year-round primary residences that are located along or only accessible over one or more public easements, may request the legislative body of the town or village corporation to vote to provide a minimum level of year-round repairs and maintenance for the public easement or easements. The minimum level of year-round repairs and maintenance for a public easement or easements that may be provided by a town or village corporation under this subsection:
A.
May be provided up to the driveway of the last year-round primary residence that is located along or only accessible over the public easement and that is furthest from the nearest public way;
[PL 2025, c. 518, §2 (NEW).]
B.
Must be lower than the standard for maintenance of highways, town ways and streets under section 3651;
[PL 2025, c. 518, §2 (NEW).]
C.
May include annual grading, repair, maintenance, snowplowing and replacement of drains and culverts as required to keep the public easement reasonably passable for residential access as determined by the town or village corporation; and
[PL 2025, c. 518, §2 (NEW).]
D.
If approved by a vote of the legislative body of the town or village corporation, must continue to be provided until the legislative body votes to discontinue providing year-round repairs and maintenance.
[PL 2025, c. 518, §2 (NEW).]
[PL 2025, c. 518, §2 (NEW).]
2.
Required signage.
A town or village corporation that votes to provide a minimum level of year-round repairs and maintenance of a public easement pursuant to subsection 1 shall, at each intersection of such public easement with a public way or private road, install and maintain a sign reasonably visible to drivers at the entrance to the public easement that reads: "Minimum Maintenance Road - Travel at Your Own Risk." The sign required under this subsection must conform to the requirements of the most recent Manual on Uniform Traffic Control Devices for Streets and Highways published by the United States Department of Transportation, Federal Highway Administration, including, but not limited to, the requirement that the sign be a minimum 24-inch-by-24-inch diamond shape with black lettering at least 3 inches high on a yellow retroreflective background.
[PL 2025, c. 518, §2 (NEW).]
3.
Liability.
A town or village corporation that votes to provide a minimum level of year-round repairs and maintenance of a public easement pursuant to subsection 1 is immune from liability relating to that repairs and maintenance under the Maine Tort Claims Act and under Title 23, chapter 313.
[PL 2025, c. 518, §2 (NEW).]
SECTION HISTORY
PL 2009, c. 501, §2 (NEW). PL 2023, c. 642, §2 (AMD). PL 2025, c. 518, §2 (AMD).