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Maine Alliance for Road Associations

Snow removal

  • 12 Oct 2023 9:13 AM
    Message # 13266387
    Anonymous

    At the 2023 MARA conference it was stated that "snowplowing was now

    considered maintenance" . Can that statement be substantiated by a reference? 

  • 12 Oct 2023 10:34 AM
    Reply # 13266439 on 13266387
    Anonymous member (Administrator)

    Here is the reference from the law.  This was last amended in 2013, so I'm not sure what was said that was taken to mean this was anything new.  I have boldfaced the relevant passage.

    23 MRS §3101. Call of meetings; maintenance; repairs

    1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.  

    A. "Private way" means a public easement as defined in section 3021, subsection 2.   [PL 2007, c. 625, §1 (NEW).]

    B. "Repairs and maintenance" does not include paving, except in locations where limited paving is demonstrated to be a cost-effective approach for fixing an erosion problem or to repair and maintain pavement existing as of July 1, 2007. "Maintenance" includes, but is not limited to, snowplowing, snow removal, sanding and ice control; grading and adding gravel and surface material; installing, cleaning and replacing culverts; creating and maintaining ditches, drains and other storm water management infrastructure; creating and maintaining sight distances on curves and at intersections; and cutting brush, trees and vegetation in the right-of-way.   [PL 2013, c. 198, §1 (AMD).]

    The fact that this has been in the law since 2013 does not mean that a road association MUST provide snow removal - just that snow removal is one of the things that may be done with association dues.

    What IS new is that as of Oct 25, 2023, the following changes will be added - see underlined portions:

    B. "Repairs and maintenance" does not include paving, except in locations where pavement does not exist if approved by an affirmative vote of at least 3/4 of the owners of all the parcels benefited by the private road, private way or bridge at a meeting called in accordance with subsection 2 or in locations where limited paving is demonstrated to be a cost-effective approach for fixing an erosion problem or to repair and maintain pavement existing [delete "as of July 1, 2007"]  for at least 8 years. "Maintenance" includes, but is not limited to, snowplowing, snow removal, sanding and ice control; grading and adding gravel and surface material; installing reclaimed asphalt or grinding existing pavement for reuse; installing, cleaning and replacing culverts; creating and maintaining ditches, drains and other storm water management infrastructure; creating and maintaining sight distances on curves and at intersections; and cutting brush, trees and vegetation in the right-of-way

                            The Maine Alliance for Road Associations


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