Maine Statewide Rule
Maine state law: driveway access, blocking, and curb cuts
Key Facts
- Blocking driveway
- 29-A MRS § 2068
- State highway driveway permit
- 23 MRS § 704
- Maine DOT rule
- 17-229 CMR Ch. 299
- Local driveway rules
- 30-A MRS § 3001 / § 4352
- Removal authority
- 29-A MRS § 2074
Summary
Maine statute 29-A MRS § 2068 prohibits parking in front of any public or private driveway. State driveway permits on state highways are issued by Maine DOT under 23 MRS § 704. Residential driveway dimensions, surface, and curb-cut rules on local streets are set by municipal ordinance under 30-A MRS § 3001.
§704. Entrances to highways regulated It is unlawful to construct or maintain any driveway, entrance or approach within the right-of-way of any state highway or state aid highway, as defined in section 53 , that lies outside the compact area of an urban compact municipality, as defined in section 754 , without a written permit from the Department of Transportation or, if within the compact area, without a written permit from the proper municipal officials. The right-of-way is considered the full width of the right-of-way as laid out by the State, the county or the municipality. [PL 1999, c. 676, §1 (RPR).] 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Arterial highway" means a highway providing long-distance connections as approved by the Federal Highway Administration pursuant to 23 Code of Federal Regulations, Section 470.105(b)(1999). [PL 1999, c. 676, §1 (NEW).] B. "Forest management activities" includes timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, timber stand improvement, pruning, timber harvesting and other forest harvesting, regeneration of forest stands and other similar or associated activities. [PL 1999, c. 676, §1 (NEW).] C.
Full Breakdown
Maine state law addresses driveways in two distinct ways. (1) On-street parking: per 29-A MRS § 2068 (Stopping, standing or parking) and the longstanding state vehicle code, a vehicle may not be parked in front of a public or private driveway or so as to obstruct ingress and egress. Violation is a traffic infraction enforced by state or municipal police; vehicles may be towed under 29-A MRS § 2074. (2) Driveway access onto a state highway: per 23 MRS § 704 (Entrance permit) and the Maine Department of Transportation Driveway and Entrance Rules (17-229 CMR Chapter 299), any new or modified driveway accessing a state or state-aid highway requires a driveway/entrance permit from the Maine DOT Region Office.
Permits address sight distance, drainage, culvert sizing, and intersection spacing. Driveway permits on town ways (local streets) are issued by the municipal Public Works Department or Code Enforcement Officer under the local Driveway Ordinance, adopted under 30-A MRS § 3001 home-rule authority. Residential driveway dimensions, paving/surface, maximum number of curb cuts per lot, and shared-driveway rules are set by individual municipal zoning code.
Violations & Penalties
Blocking a driveway under 29-A MRS § 2068 is a traffic infraction (fines typically $50-$100 by Maine Uniform Fine Schedule); vehicle may be towed at owner's expense. Constructing a driveway onto a state highway without a Maine DOT § 704 entrance permit is a civil violation subject to MaineDOT enforcement and may require removal. Municipal driveway-ordinance violations are enforced by the local Code Enforcement Officer with typical $100-$500 fines.
Frequently Asked Questions
Can I block my own driveway with my own car in Maine?
Do I need a permit to build a new driveway in Maine?
Does Maine have a statewide minimum driveway width?
Sources
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