AUGUSTA - The Maine House advanced a bill, LD 1975, Tuesday that would build on an emergency measure introduced by Rep. Mark Bryant, D-Windham, to allow town plowing of private ways in Windham.
"Most private roads in Windham are within watersheds of endangered lakes and ponds, and all may need to be accessible to emergency vehicles," said Bryant. "This makes maintenance of these roads an environmental health and a public safety concern. Town equipment has been used for over 20 years to maintain safety and accessibility of private ways in Windham, even after formal agreements have expired."
The absence of a legal structure to designate this relationship between town government and private citizens put private roads at risk of becoming town ways by non-express easement and further left private citizens liable for maintenance of roads that are, in practice, shared. Last year, Bryant introduced LD 1723, now Private and Special Law 2021, Chapter 10, which addressed many of these issues by permitting the town of Windham to continue to provide winter maintenance on designated private ways. However, that law is set to be repealed this summer.
Tuesday, the Legislature took steps to build on Bryant's efforts to better meet the needs of the town of Windham and its residents. LD 1975 permits the town to continue to provide winter maintenance to certain private ways. The bill includes a provision that requires at least 67% of the owners of property abutting the designated private way to have issued a public easement to the town.
Private and Special Laws are limited in scope and are enacted to address particular persons or groups of persons, such as a municipality. They are not codified in the Maine Revised Statutes but rather are published in the Laws of Maine. The Legislature can amend such laws at any point.
"LD 1975 would strengthen the unique arrangement our town has with Windham residents regarding winter road maintenance and town plowing of private ways," said Bryant. "It codifies a tradition we have had in Windham for over 20 years of private citizens working with the town to ensure their roads are prepped and ready for town plow trucks come winter and it requires that two-thirds of neighboring property owners sign-off on this arrangement. I am very pleased to see this measure progress."
The measure faces further votes in the Legislature in the coming weeks.
Bryant represents House District 24, which includes part of Windham, and serves on the Transportation Committee and the State and Local Government Committee.
Contact:
Jackie Merrill [Bryant], c. 812-1111