(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 as follows:

(i) On curbed sections, the facilities shall be located at the maximum practicable distance behind the face of the curb.

(ii) Where the safety of the motorist is provided by guard rails or other protective devices or structures, the facility may be located behind such guard rail or other device.

(iii) In timbered areas, adherence to the principle of occupying the outer portion of the right-of-way or adherence to the clear recovery area distance may result in unwarranted cutting of timber along the roadway or the cutting of a new pathway along the right-of-way line. In these cases, discretion should be exercised to balance the undesirable aesthetic effects of such additional cutting against the results which are achieved by strict adherence to general policy. Any deviation from this rule will require written approval from the district administrator.

(iv) As set forth in ARM 18.7.222(1) (c) .

(b) Where appropriate, installations shall comply with the current edition of the National Electric Safety Code, or other applicable code or regulation.

History: Sec. 60-3-101 and 60-4-402 MCA; IMP, Sec. 60-3-101 and 60-4-402 MCA; Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.