§566. Changes affecting responsibilities

1.  Changes to structures.  If a structure is improved in a manner that affects whether it is defined as a minor span or a bridge, the responsibilities set forth in this subchapter regarding the structure do not change unless the department determines that there exists a reasonable engineering basis for the improvement.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

2.  New structures.  If a municipality constructs a new bridge on a town way, the department shall assume the responsibilities set forth in the subchapter only if the department determines that there is a reasonable engineering basis for the bridge, as opposed to a minor span, and if the department approves the design and construction of the bridge.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

3.  Changes to classification of road.  If the department changes the classification of the road carried by the structure, the responsibilities regarding the structure change in accordance with this subchapter.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

3-A.  Proposed discontinuance of town ways; bridges.  If pursuant to section 3026-A a municipality or county proposes to discontinue a town way or public easement with a bridge, the municipality or county shall negotiate with and enter into an agreement with the department to remove the bridge or transfer ownership of the bridge to a municipality, county or state agency upon discontinuance of the town way or public easement.

[PL 2017, c. 154, §2 (NEW).]

4.  Changes to federal definition of bridge.  If FHWA changes its definition of "bridge," the responsibilities change in accordance with this subchapter regarding structures affected by that change.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

5.  Special finding by commissioner.  Upon application by a municipality or upon the department's initiative, the commissioner, after notice and opportunity to be heard, may alter responsibilities set forth in this subchapter upon a finding that special and unusual factual circumstances related to the structure or its location justify the alteration.

[PL 2001, c. 314, §2 (NEW); PL 2001, c. 314, §4 (AFF).]

SECTION HISTORY

PL 2001, c. 314, §2 (NEW). PL 2001, c. 314, §4 (AFF). PL 2001, c. 667, §§C20,22 (AFF). PL 2017, c. 154, §2 (AMD).