This rule has been repealed.

This rule has been repealed.

(1) "Approach" means that section of the highway right-of-way between the outside edge of shoulder and the right-of-way line which is designed as a highway for the movement of vehicles between the highway and the abutting property.

(2) "Department" means the Montana Department of Transportation.

(3) "Person" means an individual, partnership, corporation, organization, or governmental agency.

(4) "Change in use" includes, but is not limited to, changes from residential to commercial, commercial to industrial, residential to industrial, or vice versa; or a change in the volume of traffic or use of an approach.

(1) Any person wishing to construct a new approach or to modify an existing approach must obtain an approach permit from the department.

(2) Any person proposing a change in use of property served by an existing approach must obtain a new approach permit from the department.

(3) An application for an approach permit to construct or reconstruct an approach shall be made to the appropriate district office. The form can be found on the department's web site at www.mdt.mt.gov.

(4) The proper applicant for an approach permit is the owner of the property. The application must be signed by the owner of the property.

(5) A site plan drawing with sufficient detail shall be provided to the department to show the location of the work; preferably tied to the nearest highway milepost or station marker.

(6) The applicant shall submit an Environmental Checklist Form with the approach permit application. The form can be found on the department’s web site at www.mdt.mt.gov.

(7) The department will not review or approve a permit application until all necessary information has been provided to the department.

(8) The department may set a time limit for building the requested approach. Failure to construct the approach within the specified time limit shall require the applicant to obtain a new approach permit.

(9) Construction work on the public right-of-way will not be allowed to commence until an approved permit has been issued.

(10) An approach permit will only be granted for property that has legal access to the highway right-of-way.

(11) A decision to grant, deny, or cancel an approach permit is solely within the discretion of the department.

(1) The construction of new or modified approaches shall be the responsibility of the permittee and shall be constructed in conformance with the applicable regulations and as approved by the department.

(2) During the progress of the work, the permittee shall erect and maintain such barricades, signs, and other traffic control devices as may be deemed necessary by the department.

(3) The permittee shall be responsible for any changes, maintenance, and/or repairs to existing approaches deemed necessary by the department.

(4) The department may make any changes, additions, repairs, or relocations to any approach or its appurtenances within the highway right-of-way.

(5) 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 his permit.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The permittee shall furnish all materials necessary for the construction of the approaches and appurtenances authorized by the permit. This shall include drainage pipe, curb and gutter, concrete sidewalks, topsoil or sod, etc., as required. All materials, including base and surfacing, shall be of satisfactory quality and shall be subject to inspection and approval by the department.

(2) It shall be the responsibility of the permittee to supply, place, and properly compact the approach fill and base material in accordance with department requirements.

(3) Drainage in highway ditches shall not be altered or impeded except as authorized and approved by the department.

This rule has been repealed.