Montana Administrative Code

18.6.436 OVERSIGHT OF THE FRANCHISEE BY THE DEPARTMENT The department may review all proposed sign locations to determine: franchisee compliance with statutes and rules; owner compliance with the motorist information sign program statutes and rules; owner compliance with nondiscr…

18.7.101 GENERAL POLICY (REPEALED) Authorizing statute(s): 60-3-101, MCA Implementing statute(s): 60-3-101, MCA History: Eff. 12/31/72; REP, 2014 MAR p. 2828, Eff. 11/21/14.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 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. An encroachment is any installation, device, object, or occupancy that is located a…

18.7.103 ADMINISTRATION OF ENCROACHMENT POLICY (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-9-712, MCA History: Eff.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 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: the department may approve ind…

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

18.7.105A MAILBOXES AND NEWSPAPER DELIVERY BOXES (REPEALED) Authorizing statute(s): 60-6-101, MCA Implementing statute(s): 60-6-101, MCA History: NEW, 1992 MAR p. 1868, Eff. 8/28/92; REP, 2014 MAR p. 2828, Eff.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18.7.106 HARDSHIP CASES (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA History: Eff.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18.7.107 CONDITIONAL AGREEMENT FOR BUILDINGS AND FUEL PUMPS (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 61-8-712, MCA History: Eff.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18.7.108 APPLICATIONS AND PERMITS (REPEALED) Authorizing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 68-8-712, MCA Implementing statute(s): 60-3-101, 61-8-203, 61-8-706(1), 68-8-712, MCA History: Eff.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 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 sol…

18.7.110 ENFORCEMENT 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. A decision to grant, deny, or revoke an encroachment permit is solely within…

18.7.201 PURPOSE OF UTILITY OCCUPANCY REGULATIONS 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 the…

18.7.202 DEFINITIONS "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 the …

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

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

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 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. All utilit…

18.7.207 ELECTRONIC UTILITY PERMIT APPLICATION PROCESS An applicant must apply for a utility encroachment permit or utility occupancy agreement (collectively Utility Permit) through the department's Utility Permitting Administration System (UPAS), through the department's website…

18.7.208 UTILITY RELOCATION FOR DESIGN-BID-BUILD HIGHWAY PROJECTS In addition to other options available to the department, all facilities located in the highway right-of-way must follow this rule when any part of them must be moved for a highway project that uses the design-bid-…

18.7.211 AREAS OF COMMON USE AND OWNERSHIP This section applies to those situations where both utility facilities and highway facilities occupy a given piece of land and where the utility has a real property interest in the said land. This situation most commonly occurs as follow…

18.7.219 ELIGIBLE PROJECTS FOR LONGITUDINAL INTERSTATE USE A right-of-way use agreement is a lease as per 23 CFR 710.105. An applicant must apply for a right-of-way use agreement from the department's Utility Permitting Administration System (UPAS) through the department's websit…

18.7.220 NON-REGULATED TELECOMMUNICATIONS - FIBER OPTIC – BROADBAND – WIRELESS FACILITIES IN NON-INTERSTATE HIGHWAYS The department may issue utility encroachment permits with applicable terms for use of non-interstate federal-aid highway system rights-of-way to non-regulated tel…

18.7.221 STANDARDS AND PROCEDURES (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.

18.7.222 LONGITUDINAL OCCUPANCY OF HIGHWAY RIGHT-OF-WAY BY NEW FACILITIES - GENERAL Public utility facilities shall be located so as to minimize conflicts and avoid the need for future adjustment. Location shall be such that the facilities will present the minimum danger to the h…

18.7.223 LONGITUDINAL OCCUPANCY BY NEW OVERHEAD FACILITIES Facilities above ground shall be located along the outer portion of the right-of-way. Where right-of-way width and terrain features permit, the facilities shall be located outside the clear recovery area, except as follow…

18.7.224 LONGITUDINAL OCCUPANCY BY NEW UNDERGROUND FACILITIES For communication and electrical power facilities, underground facilities shall be installed according to the requirements of the National Electrical Safety Code. For natural gas and other hydrocarbon facilities, pipel…

18.7.225 LONGITUDINAL OCCUPANCY OF HIGHWAY RIGHT-OF-WAY BY EXISTING FACILITIES Utility facilities in place or presently under construction shall be deemed to conform with these standards without further documentation, except as follows: where it is determined that definite hazard…

18.7.226 AERIAL CROSSINGS BY NEW UTILITY FACILITIES In addition to the rules for longitudinal occupancy, the following shall apply to new aerial crossings: consideration shall be given to minimizing the frequency and length of crossing spans. facility crossings shall be made as n…

18.7.227 UNDERGROUND CROSSINGS BY NEW COMMUNICATION AND ELECTRIC POWER FACILITIES Underground facilities shall be buried not less than 42 inches deep. Crossings required for service connections or crossing, which, in the opinion of the utility, will not require reinforcement may …

18.7.228 UNDERGROUND CROSSINGS BY NEW NATURAL GAS, WATER, SEWER AND HYDROCARBON PIPELINE FACILITIES Installation of these facilities shall comply with section (2) of ARM 18.7.224. Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA Implementing statute(s): Sec. 60-3-101 and 60…

18.7.229 UNDERGROUND CROSSING METHODS For crossing existing highways: If practicable, all crossings under existing highways shall be made by boring, pushing or other acceptable trenchless technology. Full controlled-access facility crossings shall be installed by trenchless techn…

18.7.230 ATTACHMENT TO HIGHWAY STRUCTURES For existing attachments: Attachments to existing structures in place prior to the effective date of these rules are considered to be in compliance with this rule, provided: The owner shall inspect the attachment annually and shall repair…

18.7.231 GENERAL CONSIDERATIONS The following general considerations shall apply to occupancy of highway right-of-way by utility facilities covered by ARM 18.7.222 through 18.7.231. If the state should deem it necessary and/or desirable to change, construct, reconstruct, or other…

18.7.232 PROCEDURE - NEW UTILITY FACILITIES ON HIGHWAY RIGHT-OF-WAY (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; AMD, 1995 MAR p. 854, Eff. 5/12/95, REP, 2019 MAR p. 2021, Eff. 1/1/20.

18.7.241 FORMS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA History: Eff. 12/31/72; AMD, 1984 MAR p. 323, Eff. 2/14/84; REP, 1995 MAR p. 854, Eff. 5/12/95.