18.7.203 SCOPE AND APPLICATION
(1) These regulations apply to all portions of
federal-aid highway systems in Montana. They establish requirements for
occupancy of highway rights-of-way by:
(a) Utility facilities having property rights
which have not been extinguished as a result of the utility facilities having
been relocated, or have not been extinguished by specifically acquiring the
property rights in question. ARM 18.7.211 covers and explains the status of and
actions to be taken regarding situations where both a utility company and the
department have property rights in a given piece of property.
(b) All other utility facilities as herein
(2) Except as noted in subsection (3) of
this rule, these regulations shall apply to:
(a) New utility facilities as herein
defined. Specific regulations governing these facilities are covered in ARM
18.7.221 through 18.7.232.
(b) Existing utility facilities presently
occupying state highway right-of-way. Such facilities shall be governed
by ARM 18.7.225.
(c) Reconstruction or major changes in
existing utility facilities presently occupying state highway right-of-way.
(d) Existing utility facilities which must
be modified, adjusted or relocated for the accommodation of new state highway
(e) Retained facilities on new state
highway projects where facility design and construction location are reasonably
acceptable and not hazardous. Such facilities shall be governed by ARM
(f) Occupancy by utility-type facilities
that do not have a statutory right to occupy highway right-of-way,
but are allowed under established use and encroachment permits administered by
the department. Longitudinal occupancy of highway right-of-way by a
non-utility is contrary to department policy. Where such longitudinal
occupancy is approved by the district administrator, it will only be by a
revocable encroachment permit.
(3) These regulations shall not apply to
facilities operated and maintained by local units of government within their
jurisdictional areas unless they occupy right-of-way of federal-aid
(4) Lands administered by the department in
excess of highway right-of-way are not subject to occupancy under
these regulations. Easements or permits for use of such lands are obtained
through the department's right-of-way bureau, land section
supervisor, Helena, Montana.
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.