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/ <

Burns to lead Windham as Town Manager as Tibbetts retires

By Ed Pierce

When historians look back upon this chapter in Windham government, it will show that the town’s emphasis on succession planning works.

Windham Town Manager Barry Tibbetts, right, is resigning
effective July 1 and will be succeeded in that role by
Assistant Town Manager Robert Burns. Tibbetts will 
remain with the town through the remainder of the
year overseeing Windham's sewer and wastewater 
projects and the creation of access roads in 
North Windham. PHOTO BY ED PIERCE 

During Tuesday night’s Windham Town Council meeting, Windham Town Manager Barry Tibbetts announced he will step down effective June 30 and councilors appointed Assistant Town Manager Robert Burns to succeed Tibbetts as Town Manager.

Tibbetts has served as Windham’s Town Manager since November 2019, first on an interim basis and then was made the permanent town manager in March 2020. He came to Windham with extensive municipal experience and experience in local government, administrative operations, budgeting, regulatory functions, and community relations and had served as the Kennebunk Town Manager through 2017. Upon his retirement with Kennebunk and prior to being hired by Windham, Tibbetts worked with a small energy start-up business and developed a consulting business in energy and governmental services. He earned an undergraduate degree from the University of Southern Maine, and he also earned an MBA degree during his career in government.

Burns joined Windham as the town’s first Assistant Town Manager in December 2021. He graduated from Yarmouth High School before obtaining a Bachelor of Science degree in Forest Engineering from the University of Maine at Orono. Following college, Burns worked both in Maryland in Public Works and in Florida as a consulting environmental engineer. After that, he returned to Maine and served as the Public Works Director and Town Engineer in Gorham for 18 years.

As Tibbetts transitions to full-time retirement, he will stay on with the town as Special Projects Manager overseeing several significant projects such as the installation of sewers and the construction of access roads to alleviate traffic congestion in North Windham. But his legacy of accomplishments guiding Windham as Town Manager is lengthy and noteworthy, including being honored with Maine Town, City and County Management Association’s 2022 Leadership Award.

He played a pivotal role developing Windham’s wastewater treatment solution for North Windham, the creation of a connector road system to alleviate traffic congestion in the Route 302 corridor and Windham’s approval of the East Windham Conservation Project in which hundreds of acres were permanently conserved by the town for the enjoyment of future generations of Windham residents. Tibbetts was also instrumental in Windham adopting new land use, floodplain management and shoreland ordinances, and he led the town’s conversion to an automated trash collection system in 2024.

Under his watch, the town council approved a cannabis ordinance in 2020 resulting in cannabis shop licensing fees being used by the town to award scholarships to deserving students. In 2021, Tibbetts helped the town adopt a new open space plan, a comprehensive look at Windham’s open space network of conservation and recreational assets.

Tibbetts says he’s been fortunate to have two great “runs” leading both Kennebunk and Windham as Town Manager.

“Being a member of Maine Town City Management Association (MTCMA) along with the International City Managers Association has been a great experience,” he said. “I am humbled to have been given the opportunity to serve both organizations. Serving Windham has been an incredibly rewarding chapter in my career. Together with a talented and dedicated staff and in collaboration with the Town Council, we have made meaningful progress in infrastructure, environmental initiatives, community planning, and public service delivery.

“From the North Windham Sewer Project, North Windham Moves, to the East Windham Conservation Project, Fire and Police Station facilities and through numerous ordinances and policy initiatives, I am proud of the impact we’ve made to position Windham for a strong and sustainable future. Windham has been placed in a strong financial position for the future,” Tibbetts said. “With this planned transition, I am pleased to note that Assistant Town Manager Robert Burns will be stepping into the role as part of our ongoing succession plan. Robert has proven himself to be a capable and committed leader, with extensive project and managerial skills and I am confident he will continue to serve Windham with integrity and vision. Knowing I cannot stand still, I will be there to support Bob for a few months to assist in the major municipal infrastructure projects and out of the limelight.”

Windham Town Council members expressed sadness that Tibbetts will be retiring, but praised his leadership, what he has accomplished for Windham, and believe Burns will do an excellent job in succeeding him as Town Manager.

“Working with Barry these last five years has been a great experience as he has dedicated himself to making Windham a better place for all residents,” said Windham Town Council Chair Jarrod Maxfield. “When we hired Barry, Windham was in transition and in need of someone to lead us and he did just that and more and he has given more years to Windham than he originally planned, showing his commitment to us. Without Barry, I know we would not have accomplished half of what has been done in the last few years; he has been instrumental in Windham’s success. And he has worked hand in hand with Bob Burns who has proven himself to be a great leader who will take the hand off and continue the success Windham is and will see. Windham is lucky to have both of them working for our success.”

Town Councilor David Nadeau agrees.

“After a two-year search the town and town council was blessed to find Barry. His work efforts, drive, and creativity cannot be matched,” Nadeau said. On his arrival he was pointed to a shelf which contained studies and projects going back to previous years but never put in play. Barry prioritized them and then proceeded to put them in play. First by using different ways to finance them such as using TIF, grants, impact fees, and layering bonds, which will help Windham in the future. This approach raised Windham’s bond rating to AA. The project consisted of a sewer project, connector roads, 500 plus acres of open space, growth ordinance, and the list goes on. Knowing his time was short, Barry looked at staff and developed a succession plan, one of the holes filled was an assistant town manager, enter Robert Burns. Mr. B is not Barry but under Barry’s tutelage has developed the skill set needed to keep Windham moving forward. I would like to thank them both for their effort.”

Town Council Bill Reiner said having Burns available to step into the Town Manager role is of great benefit to Windham.

“As Barry moves into retirement, Bob will move up internally into the Town Manager Role. Bob has served as Assistant Town Manager since I have been on the council, and I have confidence in his capability moving forward,” Reiner said. “While he was offered several manager positions in several other towns, Bob chose to remain with Windham. He has been involved in all ongoing projects and has excellent knowledge of each and what will be needed to bring them home. While the town is in an excellent position both financially and in regard to ongoing projects, Barry will remain on until early January as a Special Projects Manager. While he will now answer to Bob, Barry will provide additional support while the town looks for a new Assistant Manager to fill the now vacant position.”

Reiner said the council did not look at this change in position lightly, but the contract hammered out involving both Tibbetts and Burns were acceptable by both the town and individuals.

“The town council could have interviewed for the position, but with multiple Town Manager positions unfilled within the state, and the lengthy search for finding Barry several years back, the town would have been remiss in not attempting to keep Bob,” he said. <