Administrative Rules of Montana
Department 18 - TRANSPORTATION
Chapter 18.7 - MAINTENANCE
Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities
Rule 18.7.222 - LONGITUDINAL OCCUPANCY OF HIGHWAY RIGHT-OF-WAY BY NEW FACILITIES - GENERAL
Universal Citation: MT Admin Rules 18.7.222
Current through Register Vol. 6, March 22, 2024
(1) Public utility facilities shall be located so as to minimize conflicts and avoid the need for future adjustment. Location shall be such that the facilities will present the minimum danger to the highway traffic. Facilities shall be located so as not to interfere with normal highway maintenance.
(a) In rural areas it is preferable that
facilities be located at the edge of the right-of-way, but in no case should
they be located within the clear recovery area, without prior department
approval. Furthermore, above-ground facilities should not be nearer than
proposed or existing roadside appurtenances and fixtures.
(b) In cities, towns and urban areas,
above-ground facilities to be placed within the right-of-way will be placed as
far as practicable from the edge of the pavement.
(c) At the discretion of the department, the
clear recovery area requirement may be waived for minor sections of a facility
if no other reasonable alternative exists. Any such waiver may only be granted
upon the written approval of the district administrator.
Sec. 60-3-101 and 60-4-402 MCA; IMP, Sec. 60-3-101 and 60-4-402 MCA;
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