Montana Administrative Code

18.6.307 SIGNAL REMOVAL (1) A diagnostic review will be conducted to determine the following: (a) recommending removal of a signal from a public atgrade crossing, and the level of traffic control required if a signal is removed; (b) retaining a signal due to unusual circumstances…

18.6.308 CROSSING CLOSURE (1) 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 follow…

18.6.309 SIGNALIZATION HEARINGS (1) 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. (2) The Montana transportation com…

18.6.310 CROSSING CLOSURE AND SIGNAL REMOVAL HEARINGS (1) 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 circulati…

18.6.311 OWNERSHIP AND MAINTENANCE RESPONSIBILITIES FOR PUBLIC AT-GRADE RAIL HIGHWAY CROSSINGS (1) The road authority will own the railroad signal. (2) Except in cases in which there is an encroachment onto the roadway by a railroad track, the road authority is responsible for in…

18.6.312 SIGNAL REARRANGEMENT, RELOCATION, OR ALTERATION RESPONSIBILITY FOR PUBLIC AT-GRADE HIGHWAY CROSSINGS (1) When a project improvement necessitates a rearrangement, relocation, or alteration of the signals at a crossing, the party whose improvement causes such change will p…

18.6.313 IDENTIFICATION OF PUBLIC AT-GRADE CROSSINGS (1) 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 …

18.6.314 IMPROVED CROSSING SURFACE PROJECTS, MAJOR CONSTRUCTION OR RECONSTRUCTION PROJECTS (1) The road authority will nominate the improved crossing surface to be installed in conjunction with a road construction project. (2) All costs associated with the installation will be ch…

18.6.315 IMPROVED CROSSING SURFACE PROJECTS, OVERLAY CONSTRUCTION PROJECTS AND FREE STANDING PROJECTS (1) The road authority and railroad must agree to the installation of the improved crossing surface. (2) Construction and cost sharing responsibilities will be allocated as follo…

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 (1) "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 interc…

18.6.403 BUSINESS ELIGIBILITY FOR SPECIFIC INFORMATION (LOGO) SIGNS (1) All specific information (LOGO) signs must meet the specifications contained in the current Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2026), Section 2.K., which is inco…

18.6.404 LOCATION OF QUALIFIED BUSINESSES FOR SPECIFIC INFORMATION (LOGO) SIGNS (1) 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 …

18.6.405 SPACING AND LOCATION OF SPECIFIC INFORMATION (LOGO) SIGNS (1) Specific information (LOGO) signs or mainline signs may be erected and maintained within the right-of-way of the interstate highway system. (2) Specific information (LOGO) signs shall be installed between the …

18.6.406 SPECIFIC INFORMATION (LOGO) SIGN DESIGN AND ORDER (1) 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 depart…

18.6.407 SPECIFIC SERVICE RAMP SIGNS (1) 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 r…

18.6.408 SPECIFIC SERVICE TRAILBLAZER SIGNS (1) 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 …

18.6.409 BUSINESS SIGNS - LOGO SIGN PANELS (1) 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.…

18.6.410 SUPPLEMENTAL MESSAGE SIGNS (1) 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 mess…

18.6.420 TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) - GENERAL (1) All tourist-oriented directional signs (TODS) must meet the specifications contained in the current Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2026), Section 2. K., which is in…

18.6.421 TOURIST-ORIENTED DIRECTIONAL ADVANCE SIGNS (1) 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. (2) …

18.6.422 DESIGN OF TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) AND PANELS (1) 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…

18.6.423 TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) INSTALLATION (1) 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 device…

18.6.430 APPLICATION PROCEDURE AND NOTICE (1) An application for space on specific information (LOGO) signs or tourist-oriented directional signs (TODS) shall be submitted to the franchisee. (2) An application shall only be made by the owner of a qualified business or the owner's…

18.6.431 LEASE AGREEMENTS (1) 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 p…

18.6.432 MAINTENANCE (1) The franchisee shall repair or replace within a reasonable period of time after notification of damage, any sign panels that are destroyed or damaged. (2) The franchisee shall wash all signs at any time the reflectorized facing becomes dull. (3) The franc…

18.6.433 REMOVAL OF SIGNS AND COVERING SEASONAL SIGNS (1) 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. (2) Business signs or tourist-or…

18.6.434 GENERAL SERVICE SIGNS (1) 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). (2) The department will remove any…

18.6.435 FEES (1) 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; othe…

18.6.436 OVERSIGHT OF THE FRANCHISEE BY THE DEPARTMENT (1) The department may review all proposed sign locations to determine: (a) franchisee compliance with statutes and rules; (b) owner compliance with the motorist information sign program statutes and rules; (c) owner complian…

18.7.101 GENERAL POLICY (REPEALED) Authorizing statute(s): 60-3-101, MCA Implementing statute(s): 60-3-101, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.102 ENCROACHMENT PERMITS (1) Any person or entity proposing to encroach on a highway right-of-way within the jurisdiction of the department must obtain an encroachment permit from the department. (2) An encroachment is any installation, device, object, or occupancy that is l…

18.7.103 ADMINISTRATION OF ENCROACHMENT POLICY (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-9-712, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.104 ENCROACHMENTS ON CONTROLLED ACCESS HIGHWAY RIGHT-OF-WAY (1) No private use of right-of-way of highways under the jurisdiction of the department shall be allowed within and between the access control limits of a controlled access highway except: (a) the department may app…

18.7.105 ENCROACHMENTS ON NON-CONTROLLED ACCESS HIGHWAY RIGHT-OF-WAY (1) No private use of non-controlled access highway right-of-way shall be allowed, except under department-issued encroachment permits. (2) Overhanging Encroachments - Private advertising signs, eaves, marquees …

18.7.105A MAILBOXES AND NEWSPAPER DELIVERY BOXES (REPEALED) Authorizing statute(s): 60-6-101, MCA Implementing statute(s): 60-6-101, MCA History: NEW, 1992 MAR p. 1868, Eff. 8/28/92; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.106 HARDSHIP CASES (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.107 CONDITIONAL AGREEMENT FOR BUILDINGS AND FUEL PUMPS (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.108 APPLICATIONS AND PERMITS (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 68-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 68-8-712, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.

18.7.109 GENERAL REQUIREMENTS (1) The construction of new or modified device or object encroachments shall be the responsibility of the permittee and shall be constructed in conformance with the applicable regulations and manuals, as approved by the department, at the permittee's…

18.7.110 ENFORCEMENT (1) The permittee shall hold harmless the department and its agents and employees against any action for personal injury or property damage sustained by reason of exercise of the permit. (2) A decision to grant, deny, or revoke an encroachment permit is solel…

18.7.201 PURPOSE OF UTILITY OCCUPANCY REGULATIONS (1) The purpose of these regulations is to prescribe conditions under which utility facilities may be accommodated on right-of-way of highways under the jurisdiction of the department of transportation. The principal objectives of…

18.7.202 DEFINITIONS (1) "Clear recovery area" means that portion of the highway right-of-way as established by the department. Unless otherwise provided, the distance for this area shall be 30 feet from the outer edge of the outside travel lane on paved sections or 42 feet from …

18.7.203 SCOPE AND APPLICATION (1) These regulations apply to all portions of federal-aid highway systems in Montana and establish requirements for occupancy of highway rights-of-way by: (a) Utility facilities having property rights which have not been extinguished as a result of…

18.7.204 OCCUPANCY OF FULL CONTROLLED-ACCESS FACILITY RIGHT-OF-WAY (1) Occupancy of full controlled-access facility right-of-way under right-of-way use agreements (UPAS interstate permit) may be permitted where the facility owner shows that: (a) all requirements of 60-4-601, MCA,…

18.7.205 SUPERSEDED REGULATIONS AND PERMITS (REPEALED) Authorizing statute(s): 60-3-101, 60-4-402 MCA Implementing statute(s): 60-3-101, 60-4-402 MCA History: Eff. 12/31/72; REP, 2023 MAR p. 1012, Eff. 9/9/23.

18.7.206 PRIVATE AND PUBLIC UTILITIES – RELOCATION COSTS (1) All public utilities defined in ARM 18.7.202 may occupy commission-designated highway systems or state highway rights‑of‑way by utility occupancy agreement permits issued at the sole discretion of the department. (2) Al…