Montana Administrative Code

18.3.201 STANDARDS OF RESPONSIBILITY Among factors 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 requirements; h…

18.4.101 ADMINISTRATION OF ENGINEERING DIVISION RULES (REPEALED) Authorizing statute(s): 2-4-103, 2-4-201, 2-4-202, MCA Implementing statute(s): 2-4-103, 2-4-201, 2-4-202, MCA History: Eff. 12/31/72; REP, 2018 MAR p. 1599,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: "Department" means the Montana Department of Transportation. "Electronic bid submission" means a bid submitted via an electronic process established by the department b…

18.4.111 SUBMISSION OF TRANSPORTATION CONSTRUCTION BID 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. The bid must be submitted to t…

18.4.112 ELECTRONIC BID SUBMISSION 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. A bidder must be authorized by the department before submission of electronic bids. A bidde…

18.4.113 ACCEPTABLE TECHNOLOGY (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW,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18.4.114 PRIVATE AND PUBLIC KEYS (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW,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18.4.115 VERIFICATION (REPEALED) Authorizing statute(s): 30-18-118, MCA Implementing statute(s): 30-18-104, 30-18-107, 30-18-109, 30-18-113, 30-18-114, 30-18-116, 30-18-117, MCA History: NEW,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 Construction manager general contractor experience will not be a required scoring criteria for highway construction projects. The department must weight the in-person interview of each shortlisted proposer as at least half of…

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 "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. "Department" means the Montana …

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

18.5.105 GENERAL REQUIREMENTS 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. During the progress of the work, the permittee shal…

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 (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-2-201 MCA Implementing statute(s): Sec. 60-2-201 MCA History: NEW, 1983 MAR p. 991, Eff. 7/29/83.

18.5.112 DESIGN REQUIREMENTS 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 materi…

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.

18.6.101 GENERAL POLICY (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.102 DEFINITIONS (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.103 BASIC PROVISIONS (REPEALED) Authorizing statute(s): 75-15-214, MCA Implementing statute(s): 75-15-214, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.111 NEW JUNKYARDS (REPEALED) Authorizing statute(s): 75-15-214, 75-15-222, MCA Implementing statute(s): 75-15-214, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.121 EXISTING JUNKYARDS (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.131 LICENSES (REPEALED) Authorizing statute(s): 75-15-214, MCA Implementing statute(s): 75-15-214, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.141 FENCING AND/OR SCREENING (REPEALED) Authorizing statute(s): 75-15-222, MCA Implementing statute(s): 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.151 ENFORCEMENT (REPEALED) Authorizing statute(s): 75-15-204, 75-15-205, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-205, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.201 REGULATIONS - SUPPLEMENTARY (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-121, MCA History: NEW, Eff. 12/8/75; REP, 1996 MAR p. 1855, Eff. 7/4/96.

18.6.202 DEFINITIONS "Abandoned sign" means a sign that is not maintained as required by these rules or meets any of the following: the sign remains in the absence of a valid lease or written permission from the landowner; the sign face is blank; the sign is obsolete; the sign is…

18.6.203 UNZONED COMMERCIAL ACTIVITY The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned commercial: the commercial activity and its associated buildings used to qualify an area must be located within 660 feet of the ri…

18.6.204 ON-PREMISE SIGNS - QUALIFYING LOCATIONS On-premise signs which advertise activities conducted on the property upon which they are located do not require a permit from the department. The department shall be the sole determinant as to whether a sign qualifies as an on-pre…

18.6.205 OFF-PREMISE SIGNS - LOCATIONS - COMPLIANCE WITH STATUTES, RULES, ORDINANCES Off-premise signs visible from a controlled route which advertise activities not conducted on the property on which the sign is located require a permit from the department. Any outdoor advertisi…

18.6.206 UNZONED INDUSTRIAL ACTIVITY The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned industrial: the industrial activity and associated office building used to qualify an area must be located within 660 feet of the …

18.6.211 PERMITS A permit must be obtained for each outdoor advertising sign which meets the requirements of the Montana Outdoor Advertising Act 75-15-101, et seq, MCA, and these rules. A check payable to the Montana Department of Transportation in the amount of the nonrefundable…

18.6.212 PERMIT APPLICATIONS - NEW SIGN SITES Applications for outdoor advertising permits will be processed in the order that they are received by the department. Applications will be date-and-time stamped upon receipt by the department. If applications for outdoor advertising p…

18.6.213 PERMIT ATTACHMENT It is the responsibility of the sign owner to see that the proper permit is continuously attached to the sign or device for which it was issued. The permit plate must be attached immediately upon erection of the sign. The permit plate must be attached t…

18.6.214 RENEWALS A renewal notice may be sent by the department. The department's failure to issue such notice will not excuse the sign owner from the sign owner's duty to make proper application for renewal of a permit. Failure to submit the mandatory sign permit renewal fee wi…

18.6.215 FEES Fees must be transmitted by check payable to the Montana Department of Transportation. The department assumes no responsibility for loss in transit of such remittances. Applicants not submitting proper fees will be notified by the department. Inspection fees are non…

18.6.221 NEW SIGN ERECTION - CONSTRUCTION STANDARDS Within 90 days of the date of issuance of the permit, which is the date the application was approved, the sign owner will: erect the sign structure; attach the permit plate to the sign structure; attach advertising materials or …

18.6.231 OFF-PREMISE SIGN STANDARDS Standards for off-premise permitted signs are found at 75-15-113, MCA, and include the additional standards in this rule. Off-premise permitted signs must comply with the following spacing requirements: signs adjacent to an interstate highway, …

18.6.232 PROHIBITED SIGNS Commercial variable message signs are prohibited on controlled routes. Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-111, 75-15-113, MCA History: NEW, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 1458, Eff. 7/18/08; AMD, 2016 MA…

18.6.236 ADVERTISING ON TRANSIT SHELTERS AND BENCHES A transit outdoor advertising permit (transit advertising permit) must be obtained for commercial advertising on shelters or benches erected or placed along controlled routes. Transit advertising permits are prohibited on inter…

18.6.237 ELECTRONIC BILLBOARD STANDARDS An electronic billboard (EBB) may be approved as an off-premise outdoor advertising sign if it is visible to the traveling public from a controlled route and is within an area zoned commercial or industrial within the city limits or urban a…

18.6.238 COMMUNITY WELCOME TO SIGNS A community, county, or sovereign nation may erect welcome to signs within its territorial jurisdiction or zoning jurisdiction, as long as the community, county, or sovereign nation exercises some form of governmental authority over the area up…

18.6.239 MOBILE ADVERTISING DEVICES - SIGNS ON VEHICLES Off-premise mobile advertising devices on vehicles which are traveling on controlled routes are not subject to the provisions of the Outdoor Advertising Act or administrative rules while traveling. Vehicles, trailers, or oth…

18.6.240 TEMPORARY SIGNS Temporary signs are considered on-premise signs and may be erected in all zoning districts along controlled routes without permits for the purposes described in this rule only. Temporary signs must comply with sign standards found in 75-15-113, MCA, and A…

18.6.241 CHURCH AND SERVICE CLUB SIGNS A church, service club, or youth organization which conducts regular meetings may erect and maintain signs which give the name of the organization and the time and place at which regular meetings are held. Church and service club signs must …