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18.5.102    GENERAL POLICY

(1) The efficiency and safety of a modern highway are directly related to the amount and character of roadside interference, most of which is caused by vehicles moving to and from businesses, residences, farms and other developments along the highway. Uncontrolled approaches to a highway will soon nullify carefully planned safety and maintenance features, resulting in early obsolescense of the highway. It is, therefore, necessary to establish regulations controlling highway access.

(2) Frontage property owners have certain rights of access to the highway consistent with their needs, and the highway user has a right of safety, and freedom of movement. The purpose of this policy is to establish driveway approach standards which will tend to reconcile and satisfy the needs and rights of both the property owner and the highway user.

(3) All new approaches constructed by any person, by the Department of Highways, or by any other governmental unit shall require an approach permit.

(4) If a highway construction or reconstruction project is undertaken which requires the replacement or adjustment of existing access to abutting property, the access facility will be constructed or reconstructed to these standards and in accordance with Right-of-Way agreements. The cost of the work will normally be chargeable to the project.

(5) If it is determined by the Department that an existing approach which has been destroyed, removed or relocated during the construction or reconstruction of a section of highway is to be replaced, the approach shall be replaced or reconstructed by the Department to a design consistent with these regulations and in accordance with right-of-way agreements. The cost of work will normally be chargeable to the project.

(6) If a need for access develops subsequent to the initiation of construction or reconstruction work on a highway, the abutting property owner or user must follow the procedure outlined in this manual and the cost of the work will be dis- tributed as indicated herein.

(7) Except on limited access projects, future changes in the use of property abutting a state highway, such as a change from residential to public use or a change in the type of operation may require changes in the number, design or location of the initially permitted approaches. The property owner then shall obtain a new permit from the Department.

History: Sec. 60-2-201 MCA; IMP, Sec. 60-2-201 MCA; NEW Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83.

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