Montana Administrative Code

18.6.242 RANCH AND RURAL DIRECTIONAL SIGNS (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-111, 75-15-121, MCA History: NEW, Eff. 12/8/75; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/06; …

18.6.243 DIRECTIONAL SIGNS Directional signs pertaining to natural wonders, scenic and historical attractions, nonprofit historical and arts organizations, or ranching, grazing, or farming activities may be erected and maintained providing the signs shall be limited to the identi…

18.6.244 CULTURAL SIGNS (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-111, 75-15-113, MCA History: NEW, 1982 MAR p. 698, Eff. 4/16/82; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; …

18.6.245 NONCOMMERCIAL SIGNS (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-111, 75-15-113, MCA History: NEW, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/0…

18.6.246 POLITICAL SIGNS Signs promoting political candidates or issues shall be placed on private property only and cannot be placed without the permission of the property owner. Political signs must comply with sign standards found in 75-15-113, MCA, and ARM 18.6.231, unless ot…

18.6.247 OFFICIAL SIGNS Official signs must be erected pursuant to direction or authorization contained in federal, state, or local law, such that the office must be directed by statute or must have the specific authority by statute to erect and maintain signs and notices. Offici…

18.6.248 RECOGNITION OF SPONSORS, BENEFACTORS, AND SUPPORT GROUPS An on-premise nonprofit sign owner may recognize the name of a sponsor, benefactor, or support group if: the "thank you" identifies the name of the sponsor, benefactor, or support group, is of a noncommercial natur…

18.6.251 REPAIR OF NONCONFORMING SIGNS Permittees must complete a notification report detailing proposed allowable maintenance or repair of nonconforming signs, on a form provided by the department, prior to commencement of allowable work. A photo verification of the existing sig…

18.6.252 UPGRADE OR RELOCATION OF CONFORMING SIGNS Upgrade or relocation of a conforming sign which results in a change from that shown on the last approved permit application will require a new application for upgrade of the existing permit. Applicants will be charged a nonrefun…

18.6.261 POLES (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.

18.6.262 SIGN STRUCTURES THAT ARE BLANK, ABANDONED, DILAPIDATED, DISCONTINUED, OR IN DISREPAIR When the department determines a permitted sign is an abandoned sign, the department shall notify the sign owner of the violation and require remedial action within 60 days. If such act…

18.6.263 VIOLATION OF PROPERTY RIGHTS A permit for any sign which is erected or maintained in violation of the access control fence or line or in violation of any other restrictive easement or property right belonging to the state of Montana or any other subdivision thereof may b…

18.6.264 DETERMINATION OF ILLEGAL OUTDOOR ADVERTISING--NOTICES--CORRECTIVE ACTION--ILLEGAL OUTDOOR ADVERTISING REMOVAL The department may determine outdoor advertising is unlawful or illegal under 75-15-112, MCA, when a sign or sign structure is unsafe or a danger to the public, …

18.6.271 OUTDOOR ADVERTISING REGULATIONS TO APPLY TO RECENTLY DESIGNATED PRIMARY ROUTES (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-121, MCA History: NEW, Eff. 8/4/77; AMD, 1978 MAR p. 191, Eff. 2/25/78; AMD, 1986 MAR p. 339, Eff. 3/14/86; REP…

18.6.272 FORM (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-121, MCA History: NEW, Eff. 8/4/77; AMD, 1978 MAR p. 191, Eff. 2/25/78; REP, 1986 MAR p. 339, Eff. 3/14/86.

18.6.301 DEFINITIONS "Active traffic control device" means a traffic control device activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well as manually operated devices and crossing watchmen, all of which info…

18.6.302 THE DIAGNOSTIC REVIEW PROCESS A diagnostic review will be conducted by a diagnostic review team at the site for each public at-grade railroad crossing considered for: proposed signals; upgrade of existing signals; proposed removal of signals; circuitry upgrade; road appr…

18.6.303 INFORMAL REVIEW PROCESS An informal review of a public at-grade crossing can be conducted by an MDT representative and other parties to perform: accident review; corridor study; area safety review; and recommendation to initiate a diagnostic review. Authorizing statute(s…

18.6.304 SIGNALIZATION All public at-grade crossings will be placed on a priority index by MDT. The priority index system is used to rate each public at-grade railroad crossing to determine the sequence in which public at-grade crossings will be considered for signals or addition…

18.6.305 ROAD APPROACH WORK The diagnostic review team will determine if road approach work is necessary which may include: constructing the approaches to road authority standards; improving the horizontal and vertical alignment; increasing sight distance; or other safety improve…

18.6.306 SIGNAL UPGRADE On a schedule determined by the MDT, all railroad companies will be requested to submit information to MDT concerning existing public at-grade signals which need to be upgraded including the following information: age of the signal circuitry and other sign…

18.6.307 SIGNAL REMOVAL A diagnostic review will be conducted to determine the following: recommending removal of a signal from a public atgrade crossing, and the level of traffic control required if a signal is removed; retaining a signal due to unusual circumstances; and recomm…

18.6.308 CROSSING CLOSURE Public highway railroad at-grade crossings should be evaluated for closure by the diagnostic review team to determine the feasibility of closing or consolidating public at-grade crossings. A diagnostic review will be conducted to determine the following:…

18.6.309 SIGNALIZATION HEARINGS If requested by the board of county commissioners under 60-2-121 , MCA, the Montana transportation commission shall conduct a public hearing for proposed signalization of any public at-grade railroad crossing. The Montana transportation commission …

18.6.310 CROSSING CLOSURE AND SIGNAL REMOVAL HEARINGS The road authority will publish a notice of proposed closure of any public at-grade crossing or of proposed removal of a railroad signal for any public highway railroad at-grade crossing in a newspaper of general circulation i…

18.6.311 OWNERSHIP AND MAINTENANCE RESPONSIBILITIES FOR PUBLIC AT-GRADE RAIL HIGHWAY CROSSINGS The road authority will own the railroad signal. Except in cases in which there is an encroachment onto the roadway by a railroad track, the road authority is responsible for installati…

18.6.312 SIGNAL REARRANGEMENT, RELOCATION, OR ALTERATION RESPONSIBILITY FOR PUBLIC AT-GRADE HIGHWAY CROSSINGS When a project improvement necessitates a rearrangement, relocation, or alteration of the signals at a crossing, the party whose improvement causes such change will pay t…

18.6.313 IDENTIFICATION OF PUBLIC AT-GRADE CROSSINGS The railroad company will place and register a U.S. department of transportation number at each public highway railroad at-grade crossing, and notify the MDT. Federal railroad authority rules will be followed for numbering or r…

18.6.314 IMPROVED CROSSING SURFACE PROJECTS, MAJOR CONSTRUCTION OR RECONSTRUCTION PROJECTS The road authority will nominate the improved crossing surface to be installed in conjunction with a road construction project. All costs associated with the installation will be charged ag…

18.6.315 IMPROVED CROSSING SURFACE PROJECTS, OVERLAY CONSTRUCTION PROJECTS AND FREE STANDING PROJECTS The road authority and railroad must agree to the installation of the improved crossing surface. Construction and cost sharing responsibilities will be allocated as follows: MDT,…

18.6.401 POLICY STATEMENT (REPEALED) Authorizing statute(s): 60-5-503, MCA Implementing statute(s): 60-5-513, MCA History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.301, 2011 MAR p. 2393, Eff. 11/11/11; REP, 2012 MAR p. 2459, Ef…

18.6.402 DEFINITIONS "Business sign" or "logo sign panel" means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchang…

18.6.403 BUSINESS ELIGIBILITY FOR SPECIFIC INFORMATION (LOGO) SIGNS All specific information (LOGO) signs must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2.K., which are incor…

18.6.404 LOCATION OF QUALIFIED BUSINESSES FOR SPECIFIC INFORMATION (LOGO) SIGNS Specific information (LOGO) signs may be erected only for qualified businesses located within three miles of an interchange as measured from the gore of the exit ramp along public highways to the near…

18.6.405 SPACING AND LOCATION OF SPECIFIC INFORMATION (LOGO) SIGNS Specific information (LOGO) signs or mainline signs may be erected and maintained within the right-of-way of the interstate highway system. Specific information (LOGO) signs shall be installed between the precedin…

18.6.406 SPECIFIC INFORMATION (LOGO) SIGN DESIGN AND ORDER Specific information (LOGO) signs shall comply with the standards for number of signs along an approach to an interchange or intersection provided in the MUTCD and the specifications in the contract between the department…

18.6.407 SPECIFIC SERVICE RAMP SIGNS Specific service ramp signs may be installed at single-exit interchanges along the ramp or at the ramp terminal for facilities that have logo sign panels displayed along the main roadway if the facilities are not readily visible from the ramp …

18.6.408 SPECIFIC SERVICE TRAILBLAZER SIGNS Specific service trailblazer signs may be installed along crossroads where the route to the business requires a direction change, where it is questionable as to which roadway to follow, or where additional guidance is needed. Where it i…

18.6.409 BUSINESS SIGNS - LOGO SIGN PANELS A business sign, or logo sign panel shall be an identification symbol, identification trademark, or a word message. Each business sign shall be placed on a separate logo sign panel that shall be attached to the specific service sign. Onl…

18.6.410 SUPPLEMENTAL MESSAGE SIGNS A portion of a logo sign panel may be used to display a supplemental message horizontally along the bottom of the logo sign panel, providing that the message displays essential motorist information, in conformance with all supplemental message …

18.6.420 TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) - GENERAL All tourist-oriented directional signs (TODS) must meet the specifications contained in the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009), Sections 2.J. and 2. K., which are inc…

18.6.421 TOURIST-ORIENTED DIRECTIONAL ADVANCE SIGNS Advance signs should be limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notification of the destinations and their directions. The desi…

18.6.422 DESIGN OF TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) AND PANELS The content of the legend on each sign panel shall be limited to the identification and directional information for no more than one eligible business, service, or activity facility. The legends shall not inc…

18.6.423 TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) INSTALLATION Tourist-oriented intersection approach signs shall be located at least 200 feet in advance of the intersection. Signs should be spaced at least 200 feet apart and a least 200 feet from other traffic control devices. I…

18.6.430 APPLICATION PROCEDURE AND NOTICE An application for space on specific information (LOGO) signs or tourist-oriented directional signs (TODS) shall be submitted to the franchisee. An application shall only be made by the owner of a qualified business or the owner's designe…

18.6.431 LEASE AGREEMENTS The owner shall sign a lease agreement with the franchisee on a form approved by the department. The lease agreement shall contain the written assurance required from the owner that the owner is in conformity with all applicable laws concerning the provi…

18.6.432 MAINTENANCE The franchisee shall repair or replace within a reasonable period of time after notification of damage, any sign panels that are destroyed or damaged. The franchisee shall wash all signs at any time the reflectorized facing becomes dull. The franchisee shall …

18.6.433 REMOVAL OF SIGNS AND COVERING SEASONAL SIGNS The franchisee must notify the owner by certified mail a minimum of 30 days in advance of the removal of the owner's business sign or tourist-oriented directional sign (TODS) for any cause. Business signs or tourist-oriented d…

18.6.434 GENERAL SERVICE SIGNS The department will not install a new general service sign along interstate or primary highways for businesses which qualify for a specific information (LOGO) sign or a tourist-oriented directional sign (TODS). The department will remove any existin…

18.6.435 FEES The fee for placing business signs on specific information (LOGO) sign panels or tourist-oriented directional sign panels (TODS) may include the prorated cost for fabrication, erection, maintenance, or servicing of signs; removal or covering business signs; other co…