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18.7.204    OCCUPANCY OF FULL CONTROLLED-ACCESS FACILITY RIGHT-OF-WAY

(1) Occupancy of full controlled-access facility right-of-way is contrary to department policy, however, occupancy may be permitted in special cases where the utility owner shows that:

(a) the accommodation will not adversely affect the safety, design, construction, operation, maintenance or stability of the full controlled-access facility;

(b) the accommodation will not be constructed or serviced by direct access from through traffic roadways or connecting ramps;

(c) the accommodation will not interfere with or impair the present use or future expansion of the full controlled-access facility;

(d) any alternative location would be contrary to the public interest. This determination includes an evaluation of the direct and indirect environmental and economic effects which would result from disapproval of the use of such right-of-way for the accommodation of such utility.

(2) New utility installations and adjustments or relocations of existing utilities may cross the full controlled-access facility right-of-way. To the extent feasible and practicable they should cross at right angles to the full controlled-access facility right-of-way. No structures, vents, poles, manholes or other above-ground fixtures may be located within the full controlled-access facility right-of-way unless approved by the department.

(3) Utilities can be installed within the right-of-way of a crossroad over or under the full controlled-access facility, provided such installation is in compliance with all applicable rules, and provided the installation and servicing can be accomplished without access from the through traffic facilities of the full controlled-access facility roadway or ramps.

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.

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