Title 60, Title 60

As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Business sign" 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 …

The department may adopt rules necessary to implement the provisions of 60-5-501, 60-5-502, 60-5-504, 60-5-505, 60-5-509 through 60-5-514, and 60-5-519 through 60-5-522.

There is a motorist information sign program to be operated by a franchisee under the general supervision and control of the department.

(1) The department may grant a franchise by public negotiation or bid to qualified persons to establish and operate the motorist information sign program authorized under 60-5-504. (2) A franchisee shall furnish, install, maintain, and replace motorist information signs for the b…

All contracts made between the department and a franchisee must provide for: (1) a requirement that the franchisee obtain liability insurance in an amount sufficient to jointly insure the state and the franchisee against all liability for claims for damages occurring wholly or in…

The department shall authorize reasonable fees to cover all costs incurred under the motorist information sign program. Fees must be paid under agreements negotiated between a franchisee and an advertiser unless otherwise provided in the contract between the department and the fr…

Specific information signs may be erected and maintained within the right-of-way of the interstate highway system to give the traveling public specific information as to motorist services available on a crossroad at or near an interchange.

(1) The number of specific information signs permitted is limited to one for each type of motorist service along an approach to an interchange or intersection. (2) More than six business signs may not be displayed on a "GAS", "FOOD", "LODGING", or "CAMPING" specific information s…

(1) A specific information sign panel must have a blue background with a white reflectorized border. The panels may be illuminated subject to regulation by the department. (2) A business sign must have a blue background with a white legend unless other requirements are establishe…

(1) To be eligible for placement of a business sign on a specific information sign panel, a business establishment shall meet standards for "GAS", "FOOD", "LODGING", and "CAMPING" services in rules adopted by the department pursuant to guidelines in the Manual on Uniform Traffic …

(1) Tourist-oriented directional signs may be erected and maintained within the right-of-way of the primary highway system to provide information to the traveling public concerning motorist services accessible from the primary highway system by way of an intersecting highway. (2)…

(1) The number of tourist-oriented directional signs is limited to three signs on an approach to an intersection. (2) No more than four business signs may be installed on a tourist-oriented directional sign. (3) To qualify for business identification on a tourist-oriented sign, a…

(1) A tourist-oriented directional sign must be rectangular in shape and must have a white legend and border on a blue background. (2) A tourist-oriented directional sign may contain standard general service symbols to indicate a class of business, service, or activity. (3) Busin…

(1) To be eligible for business identification on a tourist-oriented directional sign, a business establishment shall meet the following standards for a business, service, or activity: (a) Gas, food, lodging, and camping services must: (i) be licensed and approved by the state an…

The department may take no action under this part that may result in the loss to the state of any federal highway construction funds.

If the secretary of the U.S. department of transportation finds any part of this part to be in conflict with federal requirements that are prescribed as a condition to the allocation of federal funds to the state, the conflicting part of this part is invalid only to the extent of…

(1) (a) There is an antilittering sign special revenue account within the state special revenue fund established in 17-2-102. (b) There must be paid into the account money received from donations for the making and installation of antilittering signs. (c) Money in the account is …

(1) If a commission-designated highway system or state highway is encroached on by an obstruction, device, or object placed within the right-of-way limits, including a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or driveway approach, or is obstructe…

(1) Notice to remove an unpermitted encroachment, specifying the width of the highway right-of-way and the place and extent of the encroachment, must be given to the person erecting or maintaining the encroachment. (2) Notice must be given in the following manner: (a) in writing …

(1) Except as provided in 60-6-106, if an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102, the depar…

Except as provided in 60-6-106, if an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102, the department shall commence appropriate legal action t…

(1) If an unpermitted encroachment affixed to the land is not removed by the person who erected or maintains the encroachment within 5 days after receiving notice as provided for in 60-6-102, the department may begin action under 60-6-104 to remove it at the expense of the person…

(1) (a) Municipalities incorporated under Title 7, chapter 2, part 41, have the authority to enact ordinances in accordance with state and federal laws governing the placement of impermanent encroachments on sidewalks of a commission-designated highway system or state highway rig…

As used in this part, the following definitions apply: (1) "Camping" means the use of outdoor property for the purpose of habitation, including sleeping, sitting, or lying. (2) "Campsite" means an area being used for camping that may contain but is not limited to tents, huts, tem…

(1) Overnight camping and the storage of personal property are prohibited on a state highway right-of-way. (2) The prohibition provided in subsection (1) does not apply to: (a) emergency situations in which camping is necessary for safety and temporary shelter, as determined by l…

(1) The department and law enforcement, including the Montana highway patrol and local law enforcement agencies, are empowered to provide notices and otherwise enforce this part and rules adopted pursuant to 60-6-204. (2) (a) A person who violates the provisions of 60-6-202 may b…

The department may adopt rules necessary to implement this part regarding: (1) camping and personal property storage in a state highway right-of-way; and (2) enforcement of this part, including but not limited to provisions for recovering fines, cleanup costs, and legal costs aga…

It is the purpose of 60-7-101 through 60-7-103 to balance the tradition of the open range and the economic and geographic problems of raising livestock with the need for safer highways and the policy of taking all feasible measures to reduce the high incidence of traffic accident…

As used in 60-2-208 and 60-7-101 through 60-7-103, the following definitions apply: (1) A "high-hazard area" is a segment of the primary or secondary highway system passing through open range where livestock move on or across the highway often enough, in enough numbers, and with …

(1) Except as provided in subsection (3), the department shall fence the right-of-way of any part of a primary or secondary highway or a county road or bridge that is constructed or reconstructed after July 1, 1969, through open range where livestock present a hazard to the safet…

A person who owns or possesses livestock may not permit the livestock to graze, remain upon, or occupy a part of the right-of-way of: (1) a state highway running through cultivated areas or a part of the fenced right-of-way of a state highway if in either case the highway has bee…

Section 60-7-201 does not apply to the following: (1) livestock on state highways under the charge of one or more herders; (2) the parts of fenced highways adjacent to open range where a highway device has not been installed to exclude range livestock; (3) the parts of a state hi…

A person who violates 60-7-201 is guilty of a misdemeanor and is subject to a fine of not less than $5 or more than $100 for each offense. In a civil action for damages caused by collision between a motor vehicle and a domestic animal or animals on a highway brought by the owner,…

A person who owns, controls, or possesses livestock may not herd or drive more than 10 livestock on an interstate or state primary highway unless the livestock is preceded and followed by flag person escorts for the purpose of warning other highway users. Livestock may not be her…

A person who violates 60-7-204 is guilty of a misdemeanor.

The department of transportation may administer rail planning activities.

For purposes of this part, "abandonment" means the relinquishment of property, both real and personal, and the discontinuance of railroad services. Abandonment may be accomplished by voluntary act or by formal procedure.

(1) Identification of those railroad lines proposed for abandonment in the state of Montana that may have potential for local transportation service or future use as transportation corridors is necessary to determine the feasibility of acquisition by the state and to allow the st…

Sections 60-11-113 through 60-11-116 may be cited as the "Montana Essential Freight Rail Act".

(1) Montana's railroad branch lines provide critical transportation to Montana businesses and communities. These lines are especially important to Montana's agricultural and wood products industries that rely on railroads to transport Montana products to national and internationa…

(1) There is a revolving loan account to be administered by the department. Any interest or income that is earned by the account and loan repayments must be deposited into the revolving loan account unless revenue bonds are issued to fund a loan, in which case the loan repayments…

Federal funds received for local freight assistance programs under former 49 U.S.C. 1654 in an amount up to $1.1 million must be deposited in the account established in 60-11-115.

As used in 60-11-117 through 60-11-119, the following definitions apply: (1) "Board" means the board of investments established in 2-15-1808. (2) "Bonds" means bonds, notes, or other evidences of indebtedness issued pursuant to 60-11-117 through 60-11-119 as essential freight rai…

(1) There is in the debt service fund an essential freight rail revenue bond debt service account. The state treasurer shall deposit revenue as may be pledged to the payment of particular bonds to the credit of the essential freight rail revenue bond debt service account as requi…

The board may issue and sell essential freight rail revenue bonds to make loans to finance the cost of projects, to pay the costs of issuing the bonds, and to provide for reserves, upon recommendation of the department. The bonds must be issued under Title 17, chapter 5, part 15.

(1) Money appropriated by the legislature for the purposes provided for in this section and pursuant to 60-11-115 must be used by the department, after deducting the necessary costs and expenses for administering this section, to provide loans for: (a) the preservation and contin…