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18.5.105    GENERAL REQUIREMENTS

(1) Applications. Application for an approach permit shall be made by the owner or contract purchaser, who shall represent all of the parties interests, and such permits shall be only for the bona fide purpose of securing or changing access to his property, but not for the purpose of parking or servicing vehicles on the Department of Highways right-of-way.

(2) Private approach.

(a) Private approaches do not necessarily warrant state installed traffic control devices.

(b) The permittee shall do all construction work and pay all costs in connection with the construction of approaches and their appurtenances on the right-of-way. In areas outside the corporate limits of municipalities, the Department may assist in establishing the flow-line grade for drainage structures and finished grades for driveway surfaces or may provide other assistance which the District Engineer agrees to perform, provided that materials are furnished at the site as required.

(3) Public approach. The permittee shall do all work and pay all costs in connection with construction of approaches and their appurtenances on the right-of-way. In areas outside the corporate limits of municipalities, the Department may assist in establishing flow-line grades for drainage structures and finished grades for driveway surfaces or may provide other assistance which the District Engineer agrees to perform.

(4) Number and arrangements of driveways. The number of approaches should be the minimum number required to adequately serve the needs of the adjacent property. Frontage of 100' or less will be limited to one approach. No more than 2 approaches will be granted to any single property tract or business establishment. Exception may be made where the frontage exceeds 500 feet or special conditions exist which may benefit the traveling public. In the case of shopping centers or large traffic generators which have 2 or more approaches, it is desirable to have only one approach on the mainline and the other approach onto the side streets.

(5) Consolidation. Where the probability exists that several adjacent approaches serving limited frontage of one or more property owners will be needed, provisions should be made to provide a frontage road on the private properties and connected to the highway only at well spaced locations. If the Department approved such a system, an approach permit shall be issued to all property owners concerned and shall state that there is an agreement that all properties shall have access to the highway via the frontage road or a joint use driveway system.

(6) Use. For other than private residential approach applications, buildings both proposed and existing and appurtenances and dimensions thereof shall be indicated on the plans, including a notation as to present use of the buildings and details of internal traffic circulation, parking and traffic signs.

(7) Construction and reconstruction.

(a) All new approaches not installed as part of a construction or reconstruction project shall be the responsibility of the permittee and shall be constructed in conformance with the applicable regulations or as approved by the Department.

(b) If it is determined by the Department that an existing approach which has been destroyed, removed or relocated by the construction, reconstruction or the limiting of access on a section of highway is to be replaced, the approach shall be replaced or reconstructed by the Department to a design compatible with these regulations.

(c) Provisions for the safe and efficient passage and protection of vehicles and pedestrians during the construction of the approach is very important.   During the progress of the work, such barricades, signs, and other traffic control devices shall be erected and maintained by the permittee, as may be deemed necessary by the Department.

(d) No driveway, approach or other improvement constructed on the right-of-way may be relocated or its dimensions altered without a duly executed permit from the Department.

(8) Inspection - The Department shall inspect permittee installed approaches at the time of construction and occasionally thereafter.

(9) Maintenance.

(a) With regard to permittee installed approaches, any changes, maintenance and/or repairs deemed necessary by the Department shall be the responsibility of the permittee.

(b) The Department reserves the right to make any changes, additions, repairs or relocations to any approach or its appurtenances within the highway right-of-way.

(10) Indemnification. The permittee shall hold harmless the Department and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of exercise of his permit.

(11) Limitation. These regulations shall apply on all highways under jurisdiction of the Department as defined by law.

(12) Signs.   The permittee shall not be permitted to erect any private sign, either fixed or movable, on or extending over any portion of the highway right-of-way. If a marker is considered necessary to delineate an approach, it will be of the standard size, color and mounting height.   See page 18-92.

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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