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Maine Alliance for Road Associations

Reclaimed asphalt

  • 04 Apr 2025 4:26 PM
    Message # 13483587

    Member has suggested using 3 inches of compacted reclaimed asphalt to resurface our private road. Our question: is this considered "paving" and therefore we would not be able to assess for the project?

  • 05 Apr 2025 9:32 AM
    Reply # 13483751 on 13483587
    Anonymous member (Administrator)

    23 MRS section 3101 (B) says:

    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 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.   

    Notice that there is a separation between what maintenance does NOT include, (paving,) and what "Maintenance" includes - installing reclaimed asphalt or grinding existing pavement for reuse.  So the answer to your question is no, reclaim is not considered paving.  That part of the statute was amended in 2023 specifically to provide some options for road associations that needed the flexibility to do something more than gravel without going to the major expense of paving.  Before it was amended, it used to prohibit paving, or repair of pavement unless the pavement had been installed before July 1, 2007.  That left some associations with no way to deal with crumbling pavement that had been installed after that date.  The amendment was proposed to allow some alternatives, including reclaim, repair of pavement more than 8 years old, or paving approved by 3/4 of the owners.

  • 05 Apr 2025 11:11 AM
    Reply # 13483791 on 13483587

    Thank you for your response. 

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