After the (a recent) snow, I dutifully cleared my driveway on Route 9 in Kennebunkport, clearing more to allow the USPS to have clear access to my mailbox. This morning, I found the granite post and the mailbox clipped off, lying in the snow. A few other mailboxes up the road from me were also damaged. We have a new plow person, and they clear far past the medians.

A little background: When I installed the mailbox, I was careful to consult the town offices. At first, I used a large diameter copper structure; when that was destroyed by a plow, I replaced it with a very old granite post.

Back to today. I called the town to see about replacement of at least part of this. I know from the first time that they legally have limited to no liability for such damage. But today I found out more.

From Kennebunkport’s “Winter Operations Plan,” last updated 10 years ago: Mailboxes will be only replaced upon investigation by the public works director and there is physical evidence of direct plow strike. Mailboxes will be replaced with standard mailboxes, metal or granite mailbox posts will be replaced by standard wood posts. There will be no direct reimbursement of funds to homeowners for damage to mailboxes or mailbox posts. The town will not be liable for damage caused by snow being cleared from right of way …

This is better than Maine state law, which states: The mailbox is installed entirely at the owner’s risk. If the mailbox is damaged during any MaineDOT operation, including snowplowing, the property owner is not entitled to replacement or compensation.

From A Guide for Property Owners on State and State-Aid Highways: The MDOT can legally clip off every mailbox with zero liability.

But wait there’s more. It turns out that my granite post was a “deadly fixed object.” From Maine Law 17-229 C.M.R. ch. 205, 1 – Definitions: Deadly fixed object. Any natural or man-made structure that does not give or break away when hit by a motor vehicle. Examples of deadly fixed objects are trees, ledge, boulders, decorative granite, steel beams, mailbox and sign posts that do not give or breakaway and planters over 4 inches tall.

Well, I suppose it did break away, but that was a big plow. But then there is this: In fact, if the mailbox was not installed according to the standards outlined in the policy, the owner may be held liable for injuries or damages that may be incurred.

Yikes.

From the same guide: Unacceptable mailbox supports include anything filled with concrete, masonry and stone structures, heavy steel structures and most objects that were intended for other uses (e.g., antique plows, I-beams, etc.).

And when MaineDOT sees this type of installation, the owner will be informed and immediate removal will be requested. If the property owner doesn’t comply with this request, MaineDOT may remove the installation and seek reimbursement from the property owner for all costs.

I also learned that my mailbox was on the wrong side of the driveway.

What a day. Someday after the ice melts, I’ll design and install a new and compliant mailbox system. The granite post will find a use.

It seems like the person driving the plow did me a favor. Still, I think that we need to revisit our ordinance about this topic. I sustained a loss by an inexperienced town employee and cannot recoup that loss.

Geoffrey Bove is a Kennebunkport resident.