§2501. Applicability 1. Applicability of chapter 25. All persons engaged in the business of the transmission of communications or electricity are subject to the duties, restrictions and liabilities prescribed in this chapter. [PL 1987, c. 141, Pt. A, §6 (NEW).] 2. Applicability of section 2503. Except as otherwise provided, a person may not construct […]
§2502. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Applicable licensing authority or licensing authority. “Applicable licensing authority” or “licensing authority” means: A. The Department of Transportation, when the public way is a state […]
§2503. Procedure for application for permit 1. Application. The application must be in writing and describe the facilities, the requested location, evidence of notice provided to owners of facilities in the applicable public way, the minimum depth if an underground facility, the minimum height of any attached wires or cables, if aboveground facilities, all in […]
§2504. Use of facilities alone creates no legal right for continuance No enjoyment by any person for any length of time of the privilege of having or maintaining its facilities in the public way, may give a legal right to the continued use of the enjoyment or raise any presumption of a grant of a […]
§2505. Damages; recovery of award and costs An owner of land near or adjoining a highway or road along which lines are constructed, erected or altered in location or construction by any person may recover damages as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Assessment of damages. If the owner’s property […]
§2506. Appeals; costs Either party aggrieved by the assessment of damages may, within 20 days after the award, appeal to the Superior Court as follows. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Complaint and notice. When the appeal is taken the appellant shall: A. Include in the complaint a statement setting […]
§2507. Permit required for person laying pipes and wires No person may lay its pipes or place its wires under the surface of any road or street, or dig up or open the ground in a road or street, until it has obtained a written permit in accordance with section 2503 from the applicable licensing […]
§2508. Permits to specify time and place of opening Every permit for digging up and opening streets, roads and highways granted under this chapter must specify: [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Time. The time during which the streets, roads or highways may remain open; [PL 1987, c. 141, Pt. […]
§2509. Penalties Any person who digs or makes an excavation in the paved portion of a street, road or highway without first obtaining a permit as required by section 2507, or who has obtained a permit and disturbs a greater area of surface than the permit specifies, commits a civil violation for which a forfeiture […]
§2510. Fees for excavation permits The following provisions apply to fees for excavation permits. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Fees set by municipal officers. The municipal officers having the duty to maintain streets may establish a schedule of fees for granting permits for making an excavation within the paved portion […]
§2511. Filling and protecting openings 1. Filling openings. A person opening a street, road or highway pursuant to a permit granted under sections 2501 to 2509 shall completely fill up the opening. The filling shall be puddled or rammed as the nature of the soil requires and shall be completed within the time designated in […]
§2512. Improper work redone; penalty If a person improperly repairs or fills an opening, the municipal officers or their appointees may have the work redone properly and shall keep an account of the cost of redoing this work. [PL 1987, c. 141, Pt. A, §6 (NEW).] A person in default shall pay a penalty […]
§2513. Relaying of pavement When an excavation is made in a paved street, road or highway and the opening is filled as required by sections 2511 and 2512, the municipality or village corporation in which the opening was located shall relay the pavement unless the municipality or village corporation has entered into an agreement pursuant […]
§2514. Travel and trees not to be interfered with 1. Public travel. Every person in constructing and maintaining its poles, lines, fixtures and appliances in, along, over, under and across the roads and streets in which it may obtain locations and across or under the waters upon and along its route or routes may not […]
§2515. Liability; damages Every corporation organized under section 2101 and former section 2109 and every entity authorized under section 2301 to construct lines is liable in all cases to repay a municipality all sums of money that the municipality is obliged to pay on a judgment recovered against it for damages caused by an obstruction, […]
§2516. Permits for moving buildings, cutting wires, removing poles; expenses; damages The following provisions apply to permits for moving buildings, cutting wires and removing poles. [PL 1987, c. 141, Pt. A, §6 (NEW).] 1. Permit required to cut wires and remove poles. A person may not cut, disconnect or remove the wires or poles […]
§2517. Revocation of location; hearings 1. Revocation of pole location by municipal officers. When the municipal officers of a municipality having a population of more than 40,000 inhabitants determine, after notice and hearing, that public safety and the public welfare require the revocation of a location for poles for conveying electricity or for the transmission […]
§2518. Joint use of poles 1. Municipality may order joint use of poles. Subject to the provisions of sections 711 and 8302, the municipal officers may, after notice and hearing, order any wires used for conveying electric current or the transmission of telephone messages and attached to poles located in a public street or way […]
§2519. Power and authority conferred are additional The power and authority conferred on municipal officers under sections 2517 and 2518 are in addition to those vested in municipal officers under sections 2501 to 2507 and 2512. Nothing in sections 2517 and 2518 may be construed as giving to any party the right of appeal from […]
§2520. Affixing wires and structures; consent of building owner required Every person maintaining or operating a telephone or electrical line or anyone who in any manner affixes, causes to be affixed or enters upon the property of another for the purpose of affixing a structure, fixture, wire or other apparatus to the building of another […]
