§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 of a telephone or transmission and distribution utility in order to move a building, alter, repair or improve a street, bridge or way, or for any other purpose unless that person:

A. Applies in writing to the municipal officers of the municipalities in which changes or alterations of wires or poles are desired, or in which a building is to be moved; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]

B. Receives a written permit from the officers.   [PL 1987, c. 141, Pt. A, §6 (NEW).]

[PL 1999, c. 398, Pt. A, §38 (AMD); PL 1999, c. 398, Pt. A, §§104, 105 (AFF).]

2.  Hearings and notice.  Upon receipt of the application, the municipal officers shall:

A. Fix a time and place for a hearing; and   [PL 1987, c. 141, Pt. A, §6 (NEW).]

B. Give reasonable notice of the hearing, including actual notice to any utility whose service may be interrupted or property interfered with.   [PL 1987, c. 141, Pt. A, §6 (NEW).]

[PL 1987, c. 141, Pt. A, §6 (NEW).]

3.  Granting of permit and apportionment of expenses.  Upon hearing, the municipal officers may grant a permit on such terms and conditions and make such apportionment of expenses as they determine best.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

4.  Permit for removal of wires or poles used by a utility for transmitting train orders or operating block signals.  No wires or poles owned or used under contract by a utility for transmitting train orders or operating block signals may be cut, disconnected or removed unless:

A. The utility and the person desiring to cut, disconnect or remove the wires or poles first agree to the terms of the cutting, disconnection or removal; or   [PL 1987, c. 141, Pt. A, §6 (NEW).]

B. Upon application for a permit to the commission, actual notice to the utility and a hearing, the commission grants a permit authorizing the cutting, disconnection or removal. At the hearing, the commission may grant a permit on the terms and conditions and apportion the expense arising under the permit as it determines best.   [PL 1987, c. 141, Pt. A, §6 (NEW).]

[PL 1987, c. 141, Pt. A, §6 (NEW).]

5.  Offense.  Whoever disconnects or removes wires or poles or moves any building on or over a public way without first obtaining the permit or violates any of the conditions of the permit is guilty of unauthorized removal of poles.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

6.  Penalty.  Unauthorized removal of poles is a Class D crime.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

7.  Damages.  If a way or bridge is damaged by the moving of a building, the municipal officers shall determine what proportion of the damage the owner of the building shall pay, and this amount may be recovered by the municipality in a civil action against the owner of the building.

[PL 1987, c. 141, Pt. A, §6 (NEW).]

SECTION HISTORY

PL 1987, c. 141, §A6 (NEW). PL 1995, c. 225, §10 (AMD). PL 1999, c. 398, §A38 (AMD). PL 1999, c. 398, §§A104,105 (AFF).