Statewide alliance provides valuable guidance for private road residents

By Dina Mendros

Private roads are prevalent throughout Maine, especially in the Lakes Region. They are so commonplace in Windham and Raymond that both towns have resource pages on their town websites providing information about how to form a road association, references to state statutes regulating such roads as well as how to get in touch with the Maine Alliance for Road Associations.

Terrace Road at Thomas Pond is a privately
maintained road off Route 32 in Raymond 
and administered by a road association for
sharing costs of plowing, grading and
upkeep. PHOTO BY JIM BUNTIN 

The alliance, known as MARA, provides a wealth of information on road associations from how to form them to helping provide solutions for individuals and associations when problems arise.

MARA is a nonprofit corporation with a volunteer board of directors. It was formed in 1998 by Betsy Connor Bowen. “The alliance,” according to the MARA website, “is an online volunteer-sponsored community in response to the need to disseminate information to property owners who wish to form road associations for sharing maintenance costs of private ways under the continually evolving statute.”

MARA board member Andrew “Sandy” Allen says the organization helps members deal with “the challenges in common that face the people living along private roads in Maine, whether they belong to an informal road association, or a statutory road association, or a nonprofit corporate road association. Allen says they are concerned with road maintenance and sharing of expenses, understanding the laws that apply to road associations, and state laws.

He says they often have neighbor disagreements, and differences of opinion that we need to resolve to move forward with our maintenance in harmony and have a need for resources and answers to questions about the state laws that are now in existence.”

“MARA,” Allen said, “is formed to help answer questions that road association members might have and to provide perhaps some solutions to those problems that they might face.”

Maine’s road association statutes go way back stemming from archaic statutes having to do with private ways, MARA board member Roberta Manter said.

“Private ways were roads that were laid out at the request of an individual whose property was not yet connected to the public road system. Through changes in legislation and court cases it got to a point where the statutes didn’t apply to anything anymore,” she said. “Many people from lake associations and some other people went before the legislature and said, ‘look right now these statutes don’t apply to anything but it would be very useful if you just reworded it so they would apply to private roads rather than these private ways.’

“Although informal road associations may be successful for some owners, MARA favors the more formal ‘Statutory’ structure permitted by the Private Ways Statute,” according to the alliance website,” Manter said. “This statute offers road association governance through democratic processes, cost-sharing that is enforceable, and gravel road maintenance that is sustainable and environmentally friendly.”

Statute 23, sections 3101 through 3106, lays out how statutory road associations are formed and run. It also covers what happens when a private road property owner neglects to pay required fees for road maintenance, which can involve civil action; and it describes how a notice of claim at the county registry can be attached to the land for unpaid fees which must be paid upon the transfer of the land.

MARA is important because “many towns have more private roads than public roads,” Allen said.

In Windham, about 115 miles of roadways, roughly half, are private roads, according to Town Manager Robert Burns. He says that figure, which is from 2021, includes roads which are totally private as well as roads with public easements. Of the 108 private roads, 95 have public easements which allow the town to provide winter maintenance such as snow plowing.

According to Allen, private roads are very prevalent in Maine in part because of their expense, an expense that often municipalities don’t want to take on. When subdivisions are built, often the developer is responsible for building the road. Sometimes a town or city will accept a road as public and take on the expense for maintaining the roadway. However, even if a community had the will to do so, such roads would have to be built to the municipality’s standards, with shoulders, room for emergency vehicles, etc., and many private roads are not built to those standards.

To learn more about the Maine Alliance for Road Associations or become a member, go to the website maineroads.org. MARA’s website has resources regarding private road state laws, guidance on how to form a statutory road association, templates for road association bylaws, a discussion forum where members can post questions and other members can post answers and more.

In addition, to provide more information to its members the alliance holds an annual conference where attorneys, Maine Department of Environment Protection staff members and others hold workshops on specific topics like road maintenance and keeping roads environmentally friendly, liability insurance for road associations, conflict resolution, and more.

This year’s MARA conference will be held Oct. 4 at Maple Hill Farm Inn and Conference Center in Hallowell. To register or for more details, go to maineroads.org/ <

MARA offers valuable knowledge for creating and maintaining private roads in Windham

By Masha Yurkevich

The Town of Windham is made up of more than 60 miles of private roads and while they are a part of the town, it is every man for himself when it comes to private road maintenance.

The Maine Alliance for Road Associations is a nonprofit
corporation and a valuable resource for information about
private roads for residents seeking to establish a road
association to help maintain a private road and share
maintenance costs. Windham has more than 60 miles of
private roads currently within the town.
COURTESY PHOTO  

Nick Kalogerakis is a Windham Town Councilor representing constituents in the town’s South District and the issue of private roads concerns him.

“I have served on Road Associations and understand the complexities we deal with in keeping them maintained,” says Kalogerakis. “Private roads do not get the benefit of any help from the town or its Public Works Department. We cannot utilize anything from the town even though we pay the same rate in taxes as everyone else.”

This is where MARA comes in.

Started in 1998 by Betsy Connor Bowen, MARA, the Maine Alliance for Road Associations, is a nonprofit corporation with a volunteer board of directors that helps gather information for private roads and are a valuable resource for communities, whether it is providing guidance for starting a road association or providing knowledge of what can or cannot be done on private roads. It is a volunteer public service organization whose purpose is to help Maine homeowners who live on private roads and public citizens who may be considering this possibility.

Its purpose is, in part, the compilation and dissemination of information from many sources to help people living on private roads share maintenance costs and administer their road associations fairly and equitably. MARA is an advocate for fair and equitable laws relating to people living on private roads in Maine.

Anyone with an interest in private roads, their maintenance, shared costs of maintenance through an association of owners, and the environmental impact of such roads and maintenance may find useful information on the MARA website but only individuals, not Road Associations, can join MARA.

It is entirely volunteer-based and MARA’s purpose is to disseminate information to the communities about private roads. The organization has a wealth of knowledge and resources on their website including several discussion forums where you can search for a topic and read through it to gain information.

According to Kalogerakis, MARA is important to Windham because the town has more than 60 miles of private roads and many residents need help forming road associations and assistance in getting them set up and maintained properly.

“When we set up our road association on my private road, we were not doing it right,” says Kalogerakis.

During the 2024 MARA event that Kalogerakis attended he received two free books about private roads.

“These are not just books, but have photos in them that explain how to properly grade your roads, what type of materials to put on, what equipment to use, and how to avoid potholes. There are also photos showing why you see something on your road and how to fix it,” says Kalogerakis. “It is incredible the amount of information that is in these books and it is very helpful; I would love for road associations in Windham to have this knowledge.”

What private roads often look for is what material can they get inexpensively, and unaware that this could end up costing them even more.

“During our meeting, when we started talking about what to look for in a delivery of gravel, I was blown away,” says Kalogerakis. “This man was showing different photos of gravel, how they sift through it, and what to look for to make sure that the gravel you are paying for is the best. All gravel is not the same. You need the correct mixture to keep your road together and in its best condition for the long run. I guarantee that no one is doing this correctly, which is why our private roads have so many of the issues that they do. This would be very valuable information for Windham.”

He said that another valuable source of information about private roads is Peter Coughlan, who works for the Maine Department of Transportation and is the executive director of Maine Private Roads Chapter for the MDOT, working with Public Works Directors and communities on private roads. Kalogerakis says that he has spoken to the Windham Assistant Town Manager Bob Burns about possibly having Coughlan come and lead meetings in Windham soon for any road associations that want to learn more about what they can do to care for and to maintain their private roads.

“Coughlan is a wealth of knowledge with his experience,” says Kalogerakis. “I think that having him talk here in Windham would be very valuable as Windham has over 60 miles of private roads and having information about how to properly care for them would be very helpful.”

More information about MARA can be found at www.maineroads.org <