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18.7.101    GENERAL POLICY

(1) It is the intent of this policy to help preserve the public investment in highway facilities and assure maximum safety to the traveling public by establishing standards to achieve maximum practicable control over private encroachments on the right-of-way of highways under the jurisdiction of the Department of Highways without causing undue hardship to the owner of existing facilities encroaching on said right-of-way on the date this policy is adopted.

(2) The standards set forth are intended to:

(a) Allow continued encroachment by certain facilities, devices, or objects within areas of cities and towns where the state highway is located over a platted and dedicated street without additional right-of-way having been acquired therefor.

(b) Prevent future encroachments on all right-of-way acquired by the Department of Highways for the state highway system by gift, purchase, exchange or condemnation.

(c) Provide for the orderly removal of all existing private encroachment facilities, devices, or objects not allowed to remain on, over, or under said right-of-way under the standards of this policy.

History: Sec. 60-3-101 MCA; IMP, Sec. 60-3-101 MCA; Eff. 12/31/72.

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