Administrative Rules of Montana
Department 18 - TRANSPORTATION
Chapter 18.7 - MAINTENANCE
Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities
Rule 18.7.219 - ELIGIBLE PROJECTS FOR LONGITUDINAL INTERSTATE USE

(1) A right-of-way use agreement is a lease as per 23 CFR 710.105.

(2) An applicant must apply for a right-of-way use agreement from the department's Utility Permitting Administration System (UPAS) through the department's website at www.mdt.mt.gov or www.mdtupas.com. The procedures and conditions for all eligible project facility installations and maintenance are set forth in the right-of-way use agreement terms and conditions, ARM Title 18, chapter 7, subchapter 2, and the department's right-of-way utilities manual.

(3) An electronic use convenience fee is due upon submission of each UPAS application. Applications shall be reviewed in the order they are received. The department shall consider all relevant factors, including but not limited to:

(4) All appropriate underground or above-ground requirements in state and federal statute, regulations, and rules must be met including, but not limited to:

(5) Right-of-way use agreement terms shall include an application fee of $100, due upon department notification to applicant.

(6) The department shall deposit the revenues derived from the right-of-way use agreement and related fees in the state special revenue highway restricted account established in 15-70-126, MCA.

(7) The applicant shall not commence construction work within the interstate right-of-way until the right-of-way use agreement and the UPAS permit have been approved by the department.

(8) Facilities installed under a right-of-way use agreement must comply with ARM Title 18, chapter 7, subchapter 2 for general utility installation and maintenance requirements.

(9) Assignment of a right-of-way use agreement is not binding until approved by the department. An assignment may only be denied for good cause, which reasons may include, but are not limited to:

(10) If a facility owner disagrees with the department's decision to deny an application or refuse to renew a right-of-way use agreement, the facility owner must submit a written request for a formal hearing that must be received by the department within 30 days of the date on the department's notice. A formal hearing consists of a contested case proceeding under the Montana Administrative Procedure Act.