MontanaHB 67269th Legislature, Regular Session (2025)House

Generally revise Montana department of transportation’s utility relocation process

Sponsored By: Courtenay Sprunger (Republican)

Became Law

TransportationUtilitiesRule Making

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Clear rules for utilities in highway right-of-way

Beginning January 1, 2026, Montana DOT sets clear rules for utilities in highway right-of-way. The rules cover permits, occupancy, and moves for publicly owned water and sewer lines. The rules must protect highway safety and DOT operations. Facilities lawfully in the right-of-way on October 1, 2019 do not need new permits.

State pays most utility relocation costs

Beginning January 1, 2026, the state pays most utility move costs tied to highway work. DOT pays 75% of eligible relocation, dismantling, and removal costs for commission-designated highway projects. For publicly owned water or sewer systems with 500 or fewer service connectors, DOT pays 100% if the move is for state or commission-designated highway work and the system had 500 or fewer subscribers during the entire year before the project is bid. For those with more than 500 but fewer than 1,000 connectors, DOT pays 85% under the same timing and project conditions.

Deadlines and penalties for late utility moves

Beginning January 1, 2026, DOT must give a preliminary notice before a utility has to move a line. DOT can cut its payment share in steps, down to 0%, if the move is not done in a reasonable time. DOT cannot start cutting payment until at least 90 days after the preliminary notice, and that first 90 days cannot overlap with other notice periods in this section. After reasonable written notice, or if a line was not installed under a valid permit, DOT may remove the facility. DOT and its contractors are not liable for compliant removals, except for willful misconduct, gross negligence, or violations of 69-4-523, and no claims for loss of service are allowed. These notice, removal, consultation, and liability rules apply only to design-bid-build highway projects. Before proposing these rules, DOT consults the transportation interim committee and utility, broadband, cable, and contractor representatives.

Sponsors & Cosponsors

Sponsor

Courtenay Sprunger
Republican • House

Cosponsors

Gregg Hunter
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 296 • No: 0

House vote • 4/16/2025

Do Concur

Yes: 50 • No: 0

House vote • 4/15/2025

Do Concur

Yes: 48 • No: 0

House vote • 3/7/2025

Do Pass

Yes: 99 • No: 0

House vote • 3/6/2025