18.7.204 OCCUPANCY OF FULL CONTROLLED-ACCESS FACILITY RIGHT-OF-WAY
(1) Occupancy of full controlled-access
is contrary to department policy, however, occupancy may be permitted in
special cases where the utility owner shows that:
(a) the accommodation will not
adversely affect the safety, design, construction, operation, maintenance or
stability of the full controlled-access facility;
(b) the accommodation will not
be constructed or serviced by direct access from through traffic roadways or
(c) the accommodation will not
interfere with or impair the present use or future expansion of the full
(d) any alternative location
would be contrary to the public interest. This determination includes an
evaluation of the direct and indirect environmental and economic effects which
would result from disapproval of the use of such right-of-way for the
accommodation of such utility.
(2) New utility installations
and adjustments or relocations of existing utilities may cross the full
controlled-access facility right-of-way. To the extent feasible and practicable
they should cross at right angles to the full controlled-access facility
right-of-way. No structures, vents, poles, manholes or other above-ground
fixtures may be located within the full controlled-access facility right-of-way
unless approved by the department.
(3) Utilities can be installed
within the right-of-way of a crossroad over or under the full controlled-access
facility, provided such installation is in compliance with all applicable
rules, and provided the installation and servicing can be accomplished without
access from the through traffic facilities of the full controlled-access
facility roadway or ramps.
History: Sec. 60-3-101 and 60-4-402 MCA; IMP, Sec. 60-3-101 and 60-4-402 MCA; Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.