MontanaHB 4269th Legislature, Regular Session (2025)HouseWALLET

Revise laws related to highways and transportation for clarity and consistency

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 5 benefits, 0 costs, 7 mixed.

New contracting rules and faster payments

Highway contracts over $50,000 must go to competitive bidding and the lowest responsible bidder; projects at $50,000 or less can be handled by DOT without bidding. Foreign‑headquartered bidders face limits unless there is fair reciprocal access. The state can use design‑build and may reimburse shortlisted firms that do not win when it says so upfront. After a contractor requests final acceptance, DOT must inspect within 30 days. If accepted, final payment is due within 90 days after acceptance.

Protecting access when highways are abandoned

Before the state abandons or stops maintaining a highway, it must hold a public hearing, notify local officials, and publish notice for 3 weeks. The state cannot cut off access to public land or waters unless a comparable route remains. It cannot abandon access to private land used by two or more owners unless all agree. The state may transfer maintenance to another agency instead of abandoning the road.

More county control of local roads

County boards can run and fund county roads and bridges. They may levy local taxes under 15-10-420 and share costs with other counties for up to 6 years. After a public hearing, a county can accept existing roads as county roads; subdivision roads only count when the board adopts a resolution. Ten owners, or a majority of owners, in a taxable road district can petition to open, change, or abandon a road. Counties can assign addresses and name roads in unincorporated areas, except where federal, state, or tribal entities object or control.

Rules to abandon or sell highway land

Three or more touching property owners can petition to abandon unused highway right‑of‑way. If approved, each neighbor receives the strip between their extended property lines. The state does not split shares for you and gives no title warranties. For land it no longer needs, DOT can sell or trade it. Sales over $10,000 usually go to public auction after 4 weeks of notice and an appraisal; nearby owners get 30 days to say they want to buy. Direct sales may go to public entities at fair market value, and trades with cities or counties must keep the land public right‑of‑way. Buyers must pay in full before title passes.

Fees to use interstate right-of-way

Businesses can apply to place pipelines, fiber, or similar projects along interstate right‑of‑way. The application fee is $100. The usual price is $100 per mile per year, or $3,000 per mile for a 30‑year lump sum. FHWA can approve exceptions or allow in‑kind contributions. The term can be up to 30 years, and DOT must decide within 90 days after FHWA approval.

How highway dollars are split statewide

Urban highway funds go to cities of 5,000+ people by each city’s share of the statewide urban population. If a city’s projects spend more than its share, the extra is taken from its future shares. For secondary highways, at least 65% of federal‑aid must go to districts for capital construction. District shares use a formula: 30% land area, 35% rural population, 30% rural road miles, and 5% rural bridge square footage. Extra spending in a district needs approval from the donor district’s county boards and is deducted later. A paved secondary road cannot be turned to gravel without the county’s concurrence.

Recycled materials required in road projects

DOT must use postconsumer recycled materials, like glass cullet, reclaimed asphalt and concrete, and recycled tires, in highway work. Use is required when the recycled option meets engineering standards and costs no more than other materials. This affects choices for fill, aggregates, bedding, foundations, and filter materials.

Highway signs for cultural heritage areas

The law creates cultural heritage areas in Silver Bow and Deer Lodge counties and in Miles City. DOT will put up and maintain signs on primary and interstate highways when funds are available. Local governments design the signs and pick general locations; DOT picks exact spots. DOT may use money from other entities to do this work.

Tower Rock site stays in state hands

A 136‑acre Tower Rock site must remain state property. It cannot be sold or transferred to a non‑state entity. DOT may transfer it to another state agency and keep access where it meets I‑15.

State can preserve abandoned rail corridors

DOT identifies rail lines proposed for abandonment that could serve future transportation or trail use. The state can buy easements or rights‑of‑way and hold them in trust for transportation. It may work with local recreation, utility, and transportation groups and transfer facilities to a local authority to operate.

Cities can permit sidewalk encroachments

Cities can set local rules for temporary items on sidewalks on state highways within city limits. If a city has no ordinance, the state permit process applies until it adopts one. After a city adopts rules, it must indemnify the state for claims tied to those approvals. DOT will notify cities of violations and may remove them if the city does not act within 7 days.

Updated definitions and repeal of old rules

The law updates key transportation terms, like abandonment, bridges, and county roads. It clarifies utility relocation costs to include materials, labor, and equipment, but not engineering and inspection work. It also repeals two obsolete transportation statutes.

Sponsors & Cosponsors

Sponsor

Denise Baum
Democrat • House

Cosponsors

Dave Fern
Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 286 • No: 9

House vote • 2/18/2025

Do Concur

Yes: 46 • No: 4

House vote • 2/15/2025

Do Concur

Yes: 43 • No: 5

House vote • 1/21/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/20/2025