Legal Issues
Please note: MaineDOT cannot give legal advice on local road/bridge issues but here are some typical topics that people frequently ask about. For municipalities, the best answer is to contact the Legal Division of the Maine Municipal Association (MMA) at roads.legal@memun.org or 1-800-452-8786. It is also highly recommended to obtain a copy of MMA's “Municipal Roads Manual” which answers many legal questions relative to local roads.
ADA Requirements for Roads
The American with Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1973 prohibit a public entity from discriminating
against qualified persons with disabilities in access to facilities and services that the public entity provides.
For more
information on ADA please contact:
Theresa Savoy, Director, MaineDOT Civil Rights Office
Telephone: 207-624-3042
| E-mail: Theresa.savoy@maine.gov
- MaineDOT ADA website with links for engineers, contractors, towns/cities, and work zones
- US Access Board - Public Rights-of-Way (Offsite)
- MaineDOT “ADA Design Guidance” - 1/24/2018 (PDF)
- 2010 ADA Standards for Accessible Design (Offsite)
- ADA need-to-know presentation for Maine towns/cities - at 2014 MMA Convention in Augusta (PDF)
Private Road Information
- Private Roads and Road Associations (PDF)
- Laws on Private Road Maintenance - Subchapter 2 (Offsite)
- Private Road Plowing - adapted from MMA's “Legal Notes” December, 2015 (PDF)
- Camp road gravel road maintenance (DEP site)
- Maine Alliance for Road Associations (MARA) - forms, bylaws, notices, rules etc for Maine (Offsite)
- Manual on “forming and running a Road Association” - August 2016 (PDF)
Maine Road Laws
- Maine's Transportation Laws (Offsite)
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Discontinuance and abandonment of roads
- Discontinuance law describes the process for legally discontinuing a townway or public easement. It is imperative that this procedure is followed correctly by a municipality.
- Abandonment law describes how a town or county way not kept passable for the use of motor vehicles at public expense for a period of 30 or more consecutive years is considered abandoned.
- Flow chart (from MMA “Roads Manual”, August 2018) on road discontinuance (PDF)
- Maine Road Drainage Laws - see Subchapter 5 (Offsite)
- Maine's “defect law” (PDF)
