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18.7.102    APPLICATION OF POLICY

(1) This policy applies to all private structures, devices, and facilities placed upon, over, or under the right-of-way of highways under the jurisdiction of the Department of Highways except:

(a) Utility facilities occupying right-of-way pursuant to regulations.

(b) Private driveways, road approaches and curb cuts administered pursuant to "Approach Standards for Montana Highways."

(c) Other occupancy of right-of-way as presently permitted and covered by revocable encroachment permit. Examples of occupancy allowed under revocable permit include private water, sewer, electric, natural gas, and communications lines and private irrigation facilities and related installations.

(d) Individual facilities, (farm fences) , specifically permitted to occupy highway right-of-way under existing use permit procedures.

History: Sec 60-3-101, 61-8-203, 61-8-706(1), and 61-8-712 MCA, IMP, Sec. 60-3-101, 61-8-203, 61-8-706(1), and 61-8-712 MCA; Eff. 12/31/72.

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