(1) A request for a permit to construct or reconstruct any residential, commercial, industrial, public street or road approach should be made to the District Engineer having jurisdiction over the area.

(2) The proper applicant for an approach permit is the owner of the property being served, the contract purchaser or the owner of a long-term lease with the remaining life greater than five years, or their authorized agents. (A real estate sales agent, contractor constructing a building or improvement on the property or a short-term leasee does not ordinarily have authority to agree to the conditions on an approach permit in behalf of the owner of the land.)

(3) A brief description of the proposed work shall be included in the request together with a plot plan and the location of the work; preferably tied to the nearest highway milepost or station marker. The name, address and telephone number of the applicant shall also be included.

(4) (a) Upon receipt of this request, the District Engineer will arrange for a meeting with the applicant, at which time details of the proposed work will be discussed and the "Driveway Approach Application and Permit" (MTCE 112-A) completed and signed by the applicant. In cases where the District Engineer determines that the approach will have a significant effect, the applicant may be required to include either an Environmental Impact Statement or traffic study with the approach application.

(b) The District Engineer shall also confirm that the requested approach will not be constructed within an existing or proposed limited access area.

(5) The District Engineer, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses, residences, and agricultural uses in rural and urban areas without further consultation if the traffic conditions are not congested.   In congested areas, usually urban situations, the District Engineer and District Traffic. Engineer can request the Manager, Traffic Unit, Helena, for further technical aid. If this is the case, the approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena.

(6) When the appropriate approvals as outlined above have been secured, the District Engineer will distribute approved copies of the permit as follows: original to District Engineer to file; one copy to the applicant.

(7) The District Engineer may, at his discretion, set a time limit for building the requested approach. Failure to construct the approach within the specified time limit shall require the property owner to obtain a new approach permit.

(8) Construction work on the public right-of-way will not be allowed to commence until an approved permit has been issued as prescribed above.