Montana Administrative Code

18.2.246 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS (1) Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. (2) Th…

18.2.247 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS (1) The agency shall prepare supplements to either draft or final environmental impact statements whenever: (a) the agency or the applicant makes a substantial change in a proposed action; (b) there are significant new circu…

18.2.248 ADOPTION OF AN EXISTING EIS (1) The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or …

18.2.249 INTERAGENCY COOPERATION (1) Whenever it is the lead agency responsible for preparation of an EIS, the agency may: (a) request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; (b) allocate assignme…

18.2.250 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S (1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly…

18.2.251 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environmen…

18.2.252 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS (1) At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any…

18.2.253 EMERGENCIES (1) The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQ…

18.2.254 CONFIDENTIALITY (1) Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded. Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA…

18.2.255 RESOLUTION OF STATUTORY CONFLICTS (1) Whenever a conflicting provision of another state law prevents the agency from fully complying with ARM 18.2.235 through 18.2.260 the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a prop…

18.2.256 CONTRACTS AND DISCLOSURE (1) The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement …

18.2.257 PUBLIC HEARINGS (1) Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice m…

18.2.258 FEES: DETERMINATION OF AUTHORITY TO IMPOSE (1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount …

18.2.259 FEES: DETERMINATION OF AMOUNT (1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final …

18.2.260 USE OF FEE (1) The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that add…

18.2.261 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION (1) Categorical exclusions (CE) are types of actions which do not individually, collectively, or cumulatively require the preparation of an environment assessment or an environmental impact statement unless the action invo…

18.3.101 PURPOSE (1) Public contracts for construction, repair and public works are to be awarded to the lowest responsive, responsible bidder. (2) The Montana department of transportation will debar or suspend contractors which violate these rules, and will not do business with,…

18.3.102 DEFINITIONS The following definitions shall apply for the purpose of these rules: (1) "Adequate evidence" means information sufficient to support the reasonable belief that a particular act or omission has occurred. (2) "Administrator" is an administrator of a division o…

18.3.103 SCOPE (1) During a period of debarment by the department, another Montana state government agency, any other state, or the federal government, a debarred person may not participate in work, contracts or projects with the department, whether or not the department knew of …

18.3.104 REASONS FOR DEBARMENT (1) A person may be debarred upon adequate evidence that the person: (a) Has been convicted of, or has committed, one of the following offenses, whether a violation of any state's or federal law or regulation, within the prior three years: (i) Fraud…

18.3.105 PROCEDURES (1) If the department receives or learns of credible information that a person has engaged in conduct which may warrant debarment, the department shall initiate and follow the following procedure. (2) The administrator of the division concerned with the allege…

18.3.106 SUSPENSION (1) Pending debarment proceedings or an investigation, which initial information or indications indicate may lead to discovery of facts for which debarment proceedings may be initiated, the department may suspend a person from contracting with the department o…

18.3.201 STANDARDS OF RESPONSIBILITY (1) Among factors (a) has available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the reasonable ability to obtain them, necessary to indicate the capability to meet all contractual require…

18.4.101 ADMINISTRATION OF ENGINEERING DIVISION RULES (REPEALED) Authorizing statute(s): 2-4-103, 2-4-201, 2-4-202, MCA Implementing statute(s): 2-4-103, 2-4-201, 2-4-202, MCA History: Eff. 12/31/72; REP, 2018 MAR p. 1599, Eff. 8/11/18.

18.4.110 DEFINITIONS For the purposes of this subchapter, and unless the context expressly indicates otherwise: (1) "Department" means the Montana Department of Transportation. (2) "Electronic bid submission" means a bid submitted via an electronic process established by the depa…

18.4.111 SUBMISSION OF TRANSPORTATION CONSTRUCTION BID (1) Except as stated in (4), a person must submit a transportation construction bid to the department using an electronic bid and the electronic bid submission process established by the department. (2) The bid must be submit…

18.4.112 ELECTRONIC BID SUBMISSION (1) In order for an electronic bid to be deemed properly submitted, the bid must contain all information required in the bid package and a digital signature. (2) A bidder must be authorized by the department before submission of electronic bids.…

18.4.113 ACCEPTABLE TECHNOLOGY (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; REP, 2018 …

18.4.114 PRIVATE AND PUBLIC KEYS (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; REP, 201…

18.4.115 VERIFICATION (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; REP, 2018 MAR p. 15…

18.4.201 ALTERNATIVE CONTRACT PROJECT DELIVERY METHODS (1) Construction manager general contractor experience will not be a required scoring criteria for highway construction projects. (2) The department must weight the in-person interview of each shortlisted proposer as at least…

18.4.301 DEFINITIONS (1) "Better local bridge (BLB) fund" means the state special revenue fund provided for in 17-2-102, MCA. (2) "BLB funds" mean monies disbursed from the BLB fund. (3) "Fiscal year" means the twelve-month period between July 1 and the following June 30. (4) "Lo…

18.4.302 ELIGIBILITY (1) Any local government in Montana may apply for BLB funds for OSBs and non-NBI structures it owns. (2) Local governments must complete and submit the BLB funds application using the department’s designated online portal, which begins accepting applications …

18.4.303 DISBURSEMENT TERMS AND CONDITIONS (1) All eligible project applications received within the first 72 hours of the application date will be prioritized and awarded as follows: (a) Closed bridges: These will be ranked in the order they are received based upon the digital t…

18.5.101 PREFACE (REPEALED) Authorizing statute(s): 60-2-201, MCA Implementing statute(s): 60-2-201, MCA History: NEW, Eff. 4/4/74; REP, 2013 MAR p. 1442, Eff. 8/9/13.

18.5.102 GENERAL POLICY (REPEALED) Authorizing statute(s): 60-2-201, MCA Implementing statute(s): 60-2-201, MCA History: NEW, Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83; REP, 2013 MAR p. 1442, Eff. 8/9/13.

18.5.103 DEFINITIONS (1) "Approach" means that section of the highway right-of-way between the outside edge of shoulder and the right-of-way line which is designed as a highway for the movement of vehicles between the highway and the abutting property. (2) "Department" means the …

18.5.104 APPROACH PERMIT (1) Any person wishing to construct a new approach or to modify an existing approach must obtain an approach permit from the department. (2) Any person proposing a change in use of property served by an existing approach must obtain a new approach permit …

18.5.105 GENERAL REQUIREMENTS (1) The construction of new or modified approaches shall be the responsibility of the permittee and shall be constructed in conformance with the applicable regulations and as approved by the department. (2) During the progress of the work, the permit…

18.5.106 DESIGN REQUIREMENTS FOR ACCESS DRIVEWAYS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: NEW Eff. 4/4/74; REP, 1984 MAR p. 47, Eff. 1/13/84.

18.5.107 PUBLIC ACCESS APPROACHES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: NEW Eff. 4/4/74; REP, 1983 MAR p. 991, Eff. 7/29/83.

18.5.108 PRIVATE ACCESS APPROACHES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: NEW Eff. 4/4/74; REP, 1983 MAR p. 991, Eff. 7/29/83.

18.5.109 MAIL BOX REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: Eff. 4/4/74; REP, 1983 MAR p. 991, Eff. 7/29/83.

18.5.110 DRIVEWAY APPROACH APPLICATION AND PERMIT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: NEW Eff. 4/4/74; REP, 1983 MAR p. 991, Eff. 7/29/83.

18.5.111 TYPICAL LAYOUTS (REPEALED) (REPEALED) Authorizing statute(s): 60-2-201, MCA Implementing statute(s): 60-2-201, MCA History: NEW, Eff. 4/4/74; REP, 1983 MAR p. 991, Eff. 7/29/83.

18.5.112 DESIGN REQUIREMENTS (1) The permittee shall furnish all materials necessary for the construction of the approaches and appurtenances authorized by the permit. This shall include drainage pipe, curb and gutter, concrete sidewalks, topsoil or sod, etc., as required. All ma…

18.5.113 TYPICAL LAYOUTS (REPEALED) Authorizing statute(s): 60-2-201, MCA Implementing statute(s): 60-2-201, MCA History: NEW, 1983 MAR p. 991, Eff. 7/29/83; REP, 2013 MAR p. 1442, Eff. 8/9/13.