Skip to content

State record · ME · 2026-09-01 · Statute

Maine

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Statute
Highway system
Primary
23 M.R.S. § 53 classifies Maine highways as: (1) state highways — a system of connected main highways throughout the State which primarily serve arterial or through traffic; (2) state aid highways — highways not in the state-highway system that primarily serve as collector and feeder routes connecting local service roads to the arterial state highway system; (3) town ways — all other highways, maintained by the towns, primarily local service roads providing access to adjacent land. This is not Florida’s State Highway System.
Owner
Primary
“The department” (MaineDOT) classifies the highways under 23 M.R.S. § 53. Town ways are maintained by the towns. Maintenance, repair, and upkeep of state and state-aid highways that are reclassified as town ways become the towns’ responsibility, and the State’s rights in those highways transfer to the towns. Day-to-day maintenance of remaining state and state-aid highways is not packed beyond that reclassification sentence.
Right-of-way
Not retrieved
not packed. Maine’s statutory definition of the land strip that is highway right-of-way is not packed in this build. Do not substitute Florida § 334.03(21). MaineDOT’s Location Permit is described as a license to locate facilities within the public right-of-way limits; that is an instrument description, not a width definition.
Public records
Primary
Freedom of Access Act (1 M.R.S. § 408-A (Title 1, ch. 13)). Who may request: A person (1 M.R.S. § 408-A: “a person has the right to inspect and copy any public record” except as otherwise provided by statute) ALPR data collected under 29-A M.R.S. § 2117-A(3) are confidential under Title 1, chapter 13 (§ 2117-A(4)). Do not assume plate reads are public FOAA records.

ALPR data collected under 29-A M.R.S. § 2117-A(3) are confidential under Title 1, chapter 13 (§ 2117-A(4)). Do not assume plate reads are public FOAA records.

Open meetings
Primary
Freedom of Access Act — public proceedings (1 M.R.S. § 403 (Title 1, ch. 13))
ALPR statute
Primary
29-A M.R.S. § 2117-A — Use of automated license plate recognition systems. General prohibition: a person may not use an ALPR system except as in subsection 3 (2009). Exceptions: (A) MaineDOT for protecting public safety and transportation infrastructure; (B) Department of Public Safety, Bureau of State Police, for commercial motor vehicle screening and inspection; (C) any state, county, or municipal law-enforcement agency when providing public safety, conducting criminal investigations, and ensuring compliance with local, state, and federal laws — and for (C) the system may use only information entered by a law-enforcement officer based on specific and articulable facts of a concern for safety, wrongdoing, or a criminal investigation, or pursuant to a civil order, or records from NCIC or an official published law-enforcement bulletin. Authorized users may use a system only for the official and legitimate purposes of the user’s employer. Data are confidential under Title 1, ch. 13. Toll photo-monitoring by the Maine Turnpike Authority or LE for toll enforcement is carved out of the definition. Violation is a Class E crime. This is not a permit to occupy highway ROW. Retention: Data that are not intelligence and investigative record information (16 M.R.S. § 803(7)) and are not collected for commercial motor vehicle screening may not be stored for more than 21 days (§ 2117-A(5), 2013 amendment)..
ROW permit
Primary
Highway Opening Permit; Location Permit for utility-style facilities in the public right-of-way. Who may apply: Location Permit: anyone installing new facilities along a public highway corridor (MaineDOT page; 35-A M.R.S. § 2502 / Utility Accommodation Rules § 5). Highway Opening Permit: authorization to excavate or install fixtures within the state right-of-way (Utility Accommodation Rules § 6). Applications go to the MaineDOT Regional Office where the work would occur. ALPR-specific permit type not listed.. Instrument names are from MaineDOT’s own Location and Opening Permits page, 1 Sept 2026. No ALPR-named MaineDOT permit was on that page or the Utility Services page. Do not import Florida’s General Use Permit, Minnesota OLPA, or Utah Special Use.

Instrument names are from MaineDOT’s own Location and Opening Permits page, 1 Sept 2026. No ALPR-named MaineDOT permit was on that page or the Utility Services page. Do not import Florida’s General Use Permit, Minnesota OLPA, or Utah Special Use.

https://www.maine.gov/dot/doing-business/utility-services/location-and-opening-permits

Install process in this state

Steps 1–5 are primary statute or MaineDOT. Step 6 records the absence of an ALPR-named DOT instrument.

  1. Name the owner: this is a Maine state highway, state-aid highway, or town way under 23 M.R.S. § 53 — not Florida SHS and not a Minnesota trunk highway.
  2. 29-A M.R.S. § 2117-A is a use-and-retention statute, not the ROW permit. Default is prohibition. The only users the statute names are MaineDOT (infrastructure/public safety), State Police (CMV screening), and state/county/municipal law enforcement (public safety, criminal investigations, ensuring compliance), with the (C) input limits.
  3. If the device would sit in MaineDOT right-of-way, the instruments MaineDOT actually lists are a Location Permit (license to locate facilities in the public right-of-way) and/or a Highway Opening Permit (excavate or install fixtures in the state right-of-way), filed with the MaineDOT region. There is no packed ALPR-named MaineDOT permit.
  4. Ordinary (non-intelligence, non-CMV-screening) plate data may not be stored more than 21 days (§ 2117-A(5)). Data that are stored are confidential under Title 1, chapter 13 (§ 2117-A(4)) — a FOAA request does not open the plate file.
  5. A violation of § 2117-A is a Class E crime. Do not treat a vendor contract or a town vote as a substitute for the statutory exceptions.
  6. ALPR-specific placement rules from MaineDOT were not retrieved. Do not copy FDOT EOM 26-01, MnDOT OLPA, UDOT Special Use, or Johnson City, TN contract terms into Maine.

Primary

Where to ask

  • Municipal clerk

    Minutes, orders, and vote records of the municipal officers (FOAA public proceedings, 1 M.R.S. § 403)

  • Purchasing / finance

    Contracts, amendments, invoices if they are public records under 1 M.R.S. § 408-A

  • Law-enforcement agency (state, county, or municipal)

    ALPR use under § 2117-A(3)(C); plate data are confidential under § 2117-A(4)

  • MaineDOT regional permits

    Location Permit and Highway Opening Permit files for work in state right-of-way

  • Department of Public Safety, Bureau of State Police

    CMV-screening ALPR use under § 2117-A(3)(B)

SupportedEvidence
29-A M.R.S. § 2117-A(5) forbids storing ALPR data collected under subsection 3 for more than 21 days unless the data are intelligence and investigative record information under 16 M.R.S. § 803(7) or were collected for commercial motor vehicle screening.

me-2117a

SupportedEvidence
Maine generally prohibits ALPR use; the packed exceptions are MaineDOT (infrastructure/public safety), State Police (CMV screening), and state/county/municipal law enforcement (public safety, criminal investigations, ensuring compliance), with the input limits in § 2117-A(3)(C).

me-2117a

UnprovenAssumption
MaineDOT issues a named ALPR right-of-way permit.

MaineDOT’s retrieved pages name Location Permits and Highway Opening Permits, not an ALPR instrument. Empty beats wrong.

me-dot-opening

Sources in this pack

What was checked

  1. 2026-09-01

    https://www.mainelegislature.org/legis/statutes/29-a/title29-Asec2117-A.html and https://legislature.maine.gov/statutes/29-A/title29-Asec2117-A.html

    Primary: full § 2117-A text retrieved (prohibition, three exceptions, 21-day cap, confidentiality, Class E). Revisor extract dated 10/20/2025.

  2. 2026-09-01

    https://www.mainelegislature.org/legis/statutes/23/title23sec53.html

    Primary: state / state-aid / town-way classification packed.

  3. 2026-09-01

    https://www.maine.gov/dot/doing-business/utility-services/location-and-opening-permits

    Primary: Location Permit and Highway Opening Permit named on MaineDOT’s own page. No ALPR permit type.

  4. 2026-09-01

    https://www.maine.gov/mdot/utilities/ and https://www.maine.gov/mdot/utilities/permitting/

    Both 404.

  5. 2026-09-01

    MaineDOT ALPR-specific permit page (utility/alpr, permits/alpr)

    None found on MaineDOT. ALPR-specific ROW instrument not packed.

All state packs · Process