Title 7, Title 7

The petition under 7-14-203 must include a map showing the limits of the proposed district or the area to be added to an existing district and must be in the form prescribed in 13-27-236 and 13-27-238.

(1) The complete petition must be filed with the election administrator. (2) The election administrator shall, within 30 days, carefully examine the petition and attach to it a certificate under the administrator's official signature and seal of office. The certificate must set f…

If an elector's petition is found to contain less than 20% of the signatures of the registered electors of the transportation district, the petition must be declared void.

(1) If an elector's petition contains the signatures of 20% of the qualified electors of the proposed transportation district or the area proposed to be added to an existing district, the county clerk shall present the petition and the county clerk's certificate to the commission…

(1) A notice of the public hearing required by 7-14-203(1) or 7-14-207 must be published as provided in 7-1-2121. (2) The notice must state the time, date, place, and purpose of the hearing and describe the boundaries of the proposed district or addition.

(1) At the time fixed for the public hearing required by 7-14-203(1) or 7-14-207, the commissioners shall hear all testimony offered in support of and in opposition to any petition for the creation of the district or addition to a district. (2) The hearing may be adjourned from t…

(1) The commissioners, on completion of the public hearing required by 7-14-203(1) or 7-14-207, shall proceed by resolution to refer the creation of the district or an addition to a district to the persons qualified to vote on the proposition. (2) The election must be held in acc…

(1) The board of county commissioners, under the limitations and restrictions that are prescribed by law, may: (a) (i) lay out, maintain, control, and manage county roads and bridges within the county; (ii) subject to 15-10-420, levy taxes for the laying out, maintenance, control…

Each board of county commissioners may in its discretion do whatever may be necessary for the best interest of the county roads and the road districts. The board may assign responsibility for the supervision of county roads to a county surveyor or to a county road superintendent …

(1) A board of county commissioners has general supervision over the county roads within the county. (2) A board may survey, view, lay out, record, open, work, and maintain county roads that are established in accordance with this chapter. Guideposts must be erected. (3) A board …

(1) Each board of county commissioners shall make reports relating to roads under its supervision which are requested by the department of transportation. (2) The board and the road supervisor of a county and all other officers who may have the care and supervision of the public …

The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to establish by resolution parking regulations for the purpose of regulating the parking of motor vehicles in unincorporated towns and villages.

(1) A board of county commissioners shall contract, agree for, purchase, or otherwise lawfully acquire right-of-way for county roads over private property. It may institute proceedings under Title 70, chapter 30, and pay for the right-of-way from the county road fund. (2) A board…

(1) When a right-of-way is voluntarily given or purchased, a written instrument conveying the right-of-way and incidents to the right-of-way must be signed and acknowledged by the person making it. The instrument must then be recorded in the office of the clerk of the county wher…

A board of county commissioners shall transfer its control over and responsibility for a county road when the department of transportation notifies it that: (1) a federal or state highway has been established and definitely located over a county road; (2) funds are available for …

At the election provided for under 7-14-210, the ballots shall contain the words: ☐ Transportation district -- YES ☐ Transportation district -- NO

Each board of county commissioners may in its discretion order the county surveyor, or some other surveyor if the county surveyor is incompetent, to prepare suitable platbooks. Each board shall have recorded in it with the county clerk a full description of each county road, show…

County roads must be laid out and opened when practicable upon subdivision or section lines. However, when public purposes shall be best served thereby, roads may be laid out in diagonal lines.

(1) The width of all county roads, except bridges, alleys, or lanes, must be 60 feet unless a greater or smaller width is ordered by the board of county commissioners on petition of an interested person. (2) The width of all private highways and byroads, except bridges, must be a…

A board of county commissioners may, by ordinance, establish a special speed limit in accordance with 61-8-310 on any county road.

(1) The district must be governed by a transportation board. The commissioners and the governing bodies of each city or town included or partially included in the district shall determine if the board is to be elected or appointed. If the board is to be elected, the initial and s…

(1) The board of county commissioners may in its discretion divide the county into suitable road districts and place each district in the charge of a competent road supervisor. The board shall order and direct each supervisor in the work to be done in the district. (2) If the boa…

(1) Each board of county commissioners may in its discretion employ a competent road supervisor, who shall serve at the pleasure of the board. In a county in which the county surveyor is not paid an annual salary, the surveyor may by agreement be employed by the board to perform …

(1) Out of the county road fund, a board of county commissioners may: (a) purchase and operate grading and other machinery necessary or desirable for the improvement of the county roads; (b) acquire deposits or quarries of suitable road-building material by purchase, condemnation…

(1) Crushed rock or gravel not directly used or needed by the county in the construction, repair, or maintenance of its roads may be sold by the board of county commissioners at not less than actual cost of production to only a: (a) person, firm, or corporation desiring to use it…

(1) The board of county commissioners may direct the county surveyor or some member or members of the board to inspect the condition of any road. It may direct such persons to inspect any work, being done under contract or otherwise, which is under the direction, supervision, or …

The person making the inspections authorized by 7-14-2125 shall receive a daily salary equal to the equivalent of a daily rate for the salary established in 7-4-2107(2) and actual expenses if the person does not receive other compensation for that day and is not on an annual sala…

(1) A board of county commissioners may in its discretion limit or forbid, temporarily, any traffic or class of traffic on the county roads or any part of a county road when it is necessary in order to preserve or repair the roads. (2) A board of county commissioners may temporar…

(1) A board of county commissioners may designate a portion of a county or state secondary road as an emergency area if increased traffic due to a construction project threatens public safety. (2) Notice of the designation shall be printed in a newspaper of general circulation in…

(1) A person who owns or has custody of livestock may not permit the livestock to run upon the emergency area unless the livestock is under herd in transit across the emergency area in the custody of an attendant. (2) A sheriff or other peace officer may impound livestock running…

(1) Cattle guards, appurtenances, and gates may be constructed and maintained adjacent to county roads. (2) Where a county road connects with a state or federal highway which is fenced on both sides, the board of county commissioners may construct and maintain extensions of the f…

Whenever the natural sod cover on right-of-way areas is disturbed by construction of county roads, irrigation ditches, drain ditches, or otherwise, the board of county commissioners shall require the person or agency responsible for the disturbance to comply with 7-22-2152.

(1) The district weed board shall control noxious weeds on the county roads. (2) If the department of transportation does not control noxious weeds on state and federal highways in any county, the district weed board shall control them. Upon presentation by the board of a verifie…

(1) When a county road becomes obstructed, the board of county commissioners, or the county surveyor if the surveyor is in charge, shall remove the obstruction upon being notified of the obstruction. (2) This section does not hold the board or any member responsible or liable for…

(1) Except as clarified in 23-2-312 and 23-2-313 and except as provided in subsection (5) of this section, if any highway is encroached on by a gate, fence, building, or otherwise, the road supervisor or county surveyor of the district shall give notice, orally or in writing, req…

(1) Except as provided in 7-14-2134(6), notice to remove the encroachment immediately, specifying the breadth of the highway and the place and extent of the encroachment, must be given to the occupant or owner of the land or the person owning or causing the encroachment. (2) Noti…

If the encroachment is not removed immediately or removal is not diligently conducted, the one who causes, owns, or controls the encroachment is subject to a penalty of $100 for each day the encroachment continues.

(1) (a) If the encroachment is denied, the road supervisor shall commence an action in the proper court to abate the encroachment as a nuisance. (b) If the road supervisor recovers judgment, the supervisor may have the supervisor's costs and $100 for each day the nuisance remains…

(1) The county attorney, upon complaint of the road supervisor, county surveyor, or any other person, shall prosecute all actions provided in Title 7, chapter 14, parts 21 through 26 and 28, in the name of the state of Montana. (2) All penalties, except those paid to a justice's …

(1) (a) Any person contemplating the excavation or construction of any ditch, dike, flume, or canal across a public highway shall obtain a written permit from the board of county commissioners, road supervisor, or county surveyor of said district before beginning construction or …

Any registered elector in the district may file a declaration of candidacy with the election administrator of the county where the district is located. A filing fee may not be required. The declaration must be filed as provided in 13-14-113.

Any person obtaining a construction permit or any person using the water of a ditch, dike, flume, or canal referred to in 7-14-2139 shall keep the same in repair where such water may flow over or in any way injure a public highway.

(1) Every person who excavates or constructs or owns any ditch, dike, flume, or canal or stores, distributes, or uses water for any purpose and permits the water to flow over any public highway to the injury thereof, upon notification by the board of county commissioners, road su…

When the board of county commissioners authorizes a construction or reconstruction project on a county road, it shall require the use of Montana-made wooden guardrail posts, fenceposts, and signposts when appropriate and when the cost of wooden materials is less than or equal to …

The board members shall serve without pay except for necessary transportation expenses.

The board shall have all powers necessary and proper to the establishment, operation, improvement, maintenance, and administration of the transportation district.