(1) The purpose of these regulations is to
prescribe conditions under which utility facilities may be accommodated on right-of-way
of highways under the jurisdiction of the department of transportation. The
principal objectives of these regulations are to achieve maximum public use of
such highway right-of-way consistent with the laws of the state of
Montana while yet providing maximum public safety, environmental protection,
preservation of the highway investment and minimization of future conflicts
between highway and utility facilities.
(2) These regulations are adopted and
promulgated pursuant to the authority of the state of Montana department of
transportation, hereinafter referred to as the department, to regulate
occupancy of highway right-of-way. 23 CFR part 645, subpart B, has
been used as a guideline in establishing the policies and procedures set forth
in these regulations to the extent the provisions of 23 CFR part 645, subpart
B, are not inconsistent with the Constitution and laws of the state of Montana
or with special local conditions and circumstances.