01-669 C.M.R. ch. 6, § 1 - Identification of Railroad right-of-way requiring prevention action

A. All sections of railroad right-of-way will be classified in one of three categories by quarter mile segments or easily identified geographical markers.

1. Priority 1 requires burning or other acceptable fire prevention action with a specific date for completion.

2. Priority 2 requires some type of fire prevention action during the calendar year.

3. Priority 3 does not require fire prevention action during the calendar year.

B. Designated priority of right-of-way will be determined by the Fire Control Division of the Maine Forest Service using the criteria below, and joint inspections of the right of way by representatives of the Fire Control Division and representatives of the railroad. These priorities will be reviewed and approved by the State Supervisor of Fire Control or designated staff for uniformity statewide.

Criteria for priority designation

1. Priority 1 must contain sufficient inflammable materials likely to result in fire spread within and adjacent to the Railroad right-of-way, and meet one or more of the following criteria within any quarter mile section.

a. Two or more fires within the last five years.

b. High value risks such as high value property, public safety, tree plantations, or structures.

c. Difficulty of access to the area for fire control purposes.

2. Priority 2 must contain sufficient inflammable materials likely to result in fire spread outside the railroad right-of-way and meet one or more of the following criteria within any quarter mile section unless it meets Priority 1 criteria:

a. Any fire occurrence in the last five years.

b. Any area containing inflammable materials, but not meeting the criteria for Priority 1.

3. Priority 3 must meet one or more of the following criteria unless it meets Priority 1 or Priority 2 criteria:

a. Not enough inflammable materials to likely result in the spread of fire outside the railroad right-of-way.

b. Where the only acceptable method of clearance would be more detrimental to the environment or public safety than the risk of fire.

c. The right-of-way is closely paralleled by a natural barrier to the spread of fire.

d. Discontinued track not currently used by trains.

Notes

01-669 C.M.R. ch. 6, § 1