Montana Administrative Code

18.5.204 AGREEMENTS WITH LOCAL GOVERNMENTS (1) The department may seek an agreement with a local government to address development-related coordination issues associated with reimbursement under this subchapter. (2) An agreement may: (a) describe how funding will be coordinated t…

18.6.101 GENERAL POLICY (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff.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18.6.102 DEFINITIONS (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff.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18.6.103 BASIC PROVISIONS (REPEALED) Authorizing statute(s): 75-15-214, MCA Implementing statute(s): 75-15-214, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.111 NEW JUNKYARDS (REPEALED) Authorizing statute(s): 75-15-214, 75-15-222, MCA Implementing statute(s): 75-15-214, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff.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18.6.121 EXISTING JUNKYARDS (REPEALED) Authorizing statute(s): 75-15-204, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff.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18.6.131 LICENSES (REPEALED) Authorizing statute(s): 75-15-214, MCA Implementing statute(s): 75-15-214, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.141 FENCING AND/OR SCREENING (REPEALED) Authorizing statute(s): 75-15-222, MCA Implementing statute(s): 75-15-222, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2011, Eff. 9/5/14.

18.6.151 ENFORCEMENT (REPEALED) Authorizing statute(s): 75-15-204, 75-15-205, 75-15-222, MCA Implementing statute(s): 75-15-204, 75-15-205, 75-15-222, MCA History: Eff. 12/31/72; REP, 2014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18.6.201 REGULATIONS - SUPPLEMENTARY (REPEALED) Authorizing statute(s): 75-15-121, MCA Implementing statute(s): 75-15-121, MCA History: NEW, Eff. 12/8/75; REP, 1996 MAR p. 1855, Eff. 7/4/96.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 (1) "Abandoned sign" means a sign that is not maintained as required by these rules or meets any of the following: (a) the sign remains in the absence of a valid lease or written permission from the landowner; (b) the sign face is blank; (c) the sign is obsol…

18.6.203 UNZONED COMMERCIAL ACTIVITY (1) The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned commercial: (a) the commercial activity and its associated buildings used to qualify an area must be located within 660 feet o…

18.6.204 ON-PREMISE SIGNS - QUALIFYING LOCATIONS (1) 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…

18.6.205 OFF-PREMISE SIGNS - LOCATIONS - COMPLIANCE WITH STATUTES, RULES, ORDINANCES (1) 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 adver…

18.6.206 UNZONED INDUSTRIAL ACTIVITY (1) The following criteria shall be used to determine whether an activity qualifies an area to be considered unzoned industrial: (a) the industrial activity and associated office building used to qualify an area must be located within 660 feet…

18.6.211 PERMITS (1) 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. (2) A check payable to the Montana Department of Transportation in the amount of the nonre…

18.6.212 PERMIT APPLICATIONS - NEW SIGN SITES (1) 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. (2) If applications for outdoor adver…

18.6.213 PERMIT ATTACHMENT (1) 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. (2) The permit plate must be attached immediately upon erection of the sign. (3) The permit plate must b…

18.6.214 RENEWALS (1) 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 fe…

18.6.215 FEES (1) 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…

18.6.221 NEW SIGN ERECTION - CONSTRUCTION STANDARDS (1) Within 90 days of the date of issuance of the permit, which is the date the application was approved, the sign owner will: (a) erect the sign structure; (b) attach the permit plate to the sign structure; (c) attach advertisi…

18.6.231 OFF-PREMISE SIGN STANDARDS (1) Standards for off-premise permitted signs are found at 75-15-113, MCA, and include the additional standards in this rule. (2) Off-premise permitted signs must comply with the following spacing requirements: (a) signs adjacent to an intersta…

18.6.232 PROHIBITED SIGNS (1) 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, 201…

18.6.236 ADVERTISING ON TRANSIT SHELTERS AND BENCHES (1) 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 i…

18.6.237 ELECTRONIC BILLBOARD STANDARDS (1) 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 urb…

18.6.238 COMMUNITY WELCOME TO SIGNS (1) 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 are…

18.6.239 MOBILE ADVERTISING DEVICES - SIGNS ON VEHICLES (1) 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. (2) Vehicles, trailers…

18.6.240 TEMPORARY SIGNS (1) 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, a…

18.6.241 CHURCH AND SERVICE CLUB SIGNS (1) 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 m…

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 (1) 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 id…

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 (1) 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, unles…

18.6.247 OFFICIAL SIGNS (1) 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. Of…

18.6.248 RECOGNITION OF SPONSORS, BENEFACTORS, AND SUPPORT GROUPS (1) An on-premise nonprofit sign owner may recognize the name of a sponsor, benefactor, or support group if: (a) the "thank you" identifies the name of the sponsor, benefactor, or support group, is of a noncommerci…

18.6.251 REPAIR OF NONCONFORMING SIGNS (1) 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…

18.6.252 UPGRADE OR RELOCATION OF CONFORMING SIGNS (1) 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 nonr…

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 (1) 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…

18.6.263 VIOLATION OF PROPERTY RIGHTS (1) 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 m…

18.6.264 DETERMINATION OF ILLEGAL OUTDOOR ADVERTISING--NOTICES--CORRECTIVE ACTION--ILLEGAL OUTDOOR ADVERTISING REMOVAL (1) 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 publ…

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 (1) "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 …

18.6.302 THE DIAGNOSTIC REVIEW PROCESS (1) A diagnostic review will be conducted by a diagnostic review team at the site for each public at-grade railroad crossing considered for: (a) proposed signals; (b) upgrade of existing signals; (c) proposed removal of signals; (d) circuitr…

18.6.303 INFORMAL REVIEW PROCESS (1) An informal review of a public at-grade crossing can be conducted by an MDT representative and other parties to perform: (a) accident review; (b) corridor study; (c) area safety review; and (d) recommendation to initiate a diagnostic review. A…