Montana Administrative Code

18.7.219 ELIGIBLE PROJECTS FOR LONGITUDINAL INTERSTATE USE (1) A right-of-way use agreement is a lease as per 23 CFR 710.105. (2) An applicant must apply for a right-of-way use agreement from the department's Utility Permitting Administration System (UPAS) through the department'…

18.7.220 NON-REGULATED TELECOMMUNICATIONS - FIBER OPTIC – BROADBAND – WIRELESS FACILITIES IN NON-INTERSTATE HIGHWAYS (1) 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…

18.7.221 STANDARDS AND PROCEDURES (REPEALED) Authorizing statute(s): 60-3-101, 60-4-402 MCA Implementing statute(s): 60-3-101, 60-4-402 MCA History: Eff. 12/31/72; REP, 2023 MAR p. 1012, Eff. 9/9/23.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 (1) 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 t…

18.7.223 LONGITUDINAL OCCUPANCY BY NEW OVERHEAD FACILITIES (1) Facilities above ground shall be located along the outer portion of the right-of-way. (a) Where right-of-way width and terrain features permit, the facilities shall be located outside the clear recovery area, except a…

18.7.224 LONGITUDINAL OCCUPANCY BY NEW UNDERGROUND FACILITIES (1) For communication and electrical power facilities, underground facilities shall be installed according to the requirements of the National Electrical Safety Code. (2) For natural gas and other hydrocarbon facilitie…

18.7.225 LONGITUDINAL OCCUPANCY OF HIGHWAY RIGHT-OF-WAY BY EXISTING FACILITIES (1) Utility facilities in place or presently under construction shall be deemed to conform with these standards without further documentation, except as follows: (a) where it is determined that definit…

18.7.226 AERIAL CROSSINGS BY NEW UTILITY FACILITIES (1) In addition to the rules for longitudinal occupancy, the following shall apply to new aerial crossings: (a) consideration shall be given to minimizing the frequency and length of crossing spans. (b) facility crossings shall …

18.7.227 UNDERGROUND CROSSINGS BY NEW COMMUNICATION AND ELECTRIC POWER FACILITIES (1) Underground facilities shall be buried not less than 42 inches deep. (2) Crossings required for service connections or crossing, which, in the opinion of the utility, will not require reinforcem…

18.7.228 UNDERGROUND CROSSINGS BY NEW NATURAL GAS, WATER, SEWER AND HYDROCARBON PIPELINE FACILITIES (1) 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 an…

18.7.229 UNDERGROUND CROSSING METHODS (1) For crossing existing highways: (a) If practicable, all crossings under existing highways shall be made by boring, pushing or other acceptable trenchless technology. (b) Full controlled-access facility crossings shall be installed by tren…

18.7.230 ATTACHMENT TO HIGHWAY STRUCTURES (1) For existing attachments: (a) Attachments to existing structures in place prior to the effective date of these rules are considered to be in compliance with this rule, provided: (i) The owner shall inspect the attachment annually and …

18.7.231 GENERAL CONSIDERATIONS (1) 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. (a) If the state should deem it necessary and/or desirable to change, construct, reconstruct, …

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.

18.7.401 DEFINITIONS (1) “Apparent utility” means items used to meet basic human needs or something that could be useful to a person, like a tent, blanket, or jacket, as long as it still works for its intended use. (2) “Enforcement action” means the authorized cleanup of a campsi…

18.7.402 CLEANUP NOTICES (1) Before removing campsites or people’s items, the department must post notice(s). (2) The notice(s) shall be posted: (a) at the camp or storage site in an easily seen location; (b) at other nearby public places like the courthouse, local shelter, food …

18.7.403 CLEANUP PROCESS (1) The department will record the cleanup by photos or video before, during, and after it happens. (2) If someone returns to the site during the cleanup, they can take their things as long as it is safe to themselves and other people. Authorizing statute…

18.7.404 STORAGE AND DISPOSAL OF PERSONAL PROPERTY (1) After cleanup, the department will make a reasonable effort to find items such as those listed below and give them to local police: (a) ID cards and legal and medical papers; (b) prescription medicine and medical devices; (c)…

18.8.1001 OVERSIZE PERMIT (IS HEREBY REPEALED) Authorizing statute(s): IMPLIED, 61-10-121 and 61-10-122, MCA Implementing statute(s): 61-10-101 through 61-10-148, MCA History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79; AMD, 1982 MAR p.…

18.8.1002 MOBILE HOME TOWING UNIT (TOTER) REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 61-10-155, MCA Implementing statute(s): 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-111, 61-10-113, 61-10-121, 61-10-1…

18.8.1003 OVERSIZE MOVEMENT REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): IMPLIED, 61-10-121 and 61-10-122, MCA Implementing statute(s): 61-10-121 and 61-10-122, MCA History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79; REP, …

18.8.1004 INSURANCE REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): IMPLIED, 61-10-121 and 61-10-122, MCA Implementing statute(s): 61-10-121 and 61-10-122, MCA History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79; AMD, 1984 MAR…

18.8.1005 TOTER LICENSE REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): IMPLIED, 61-10-121 and 61-10-122, MCA Implementing statute(s): 61-10-101 through 61-10-148, MCA History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79; REP, …

18.8.1006 MOBILE HOME LICENSE REOUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): IMPLIED, 61-10-121 and 61-10-122, MCA Implementing statute(s): 61-10-101 through 61-10-148, MCA History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79;…

18.8.1007 REGULATIONS COVERING MOVEMENT OF OVERSIZE MOBILE HOMES, SECTIONAL HOMES, SECTIONAL BUILDINGS, PORTABLE HOMES AND BUILDINGS, PREFAB HOMES AND BUILDINGS, NOT INCLUDING PRE-CUT PANELIZED HOMES OR BUILDINGS, AND HOUSE OR BUILDING MOVING, OVER 12 FEET WIDE, INCLUDING EAVES (…

18.8.1008 REGULATIONS COVERING MOVEMENT OF ALL VEHICLES OR LOADS EXCEEDING 15 FEET WIDE, TO AND INCLUDING 18 FEET WIDE (IS HEREBY REPEALED) Authorizing statute(s): This rule is advisory only but may be a correct interpretation of the law. IMPLIED, 61-10-121 and 61-10-122, MCA Imp…