Current through Register Vol. 6, March 22, 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
