Current through Register Vol. 18, September 20, 2024
(1) These
regulations apply to all portions of federal-aid highway systems in Montana and
establish requirements for occupancy of highway rights-of-way by:
(a) Utility facilities having property rights
which have not been extinguished as a result of the utility facilities having
been relocated, or have not been extinguished by specifically acquiring the
property rights in question. ARM
18.7.211 covers and explains the
status of and actions to be taken regarding situations where both a utility
company and the department have property rights in a given piece of
property.
(b) All other utility
facilities as herein defined.
(2) Except as noted in (3), these regulations
shall apply to:
(a) New utility facilities as
herein defined. Specific regulations governing these facilities are covered in
ARM Title 18, chapter 7, subchapter 2.
(b) Existing utility facilities presently
occupying state highway right-of-way. Such facilities shall be governed by ARM
18.7.225.
(c) Reconstruction or major changes in
existing utility facilities presently occupying state highway
right-of-way.
(d) Existing utility
facilities which must be modified, adjusted or relocated for the accommodation
of new state highway construction.
(e) Retained facilities on new state highway
projects where facility design and construction location are reasonably
acceptable and not hazardous. Such facilities shall be governed by ARM
18.7.225.
(f) Occupancy by
facilities which are not public utilities but may be allowed under utility
encroachment permits granted and administered by the department.
(g) Occupancy of non-interstate right-of-way
is subject to ARM
18.7.220.
(h) Longitudinal occupancy of interstate
right-of-way is subject to ARM
18.7.204 and ARM
18.7.219.
(3) These regulations shall not apply to
facilities operated and maintained by local units of government within their
jurisdictional areas unless they occupy right-of-way of federal-aid highway
projects.
(4) Other uses of real
property administered by the department must be requested through the
department's right-of-way bureau.
AUTH:
60-2-201,
60-3-101,
60-4-402,
60-4-601, MCA; IMP:
60-2-201,
60-3-101,
60-4-402,
60-4-601,
60-5-101,
60-5-104,
MCA
