Mont. Code Ann. § 60-2-114 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-114
60-2-114 Bids for contracts let by commission to contain security, unit price, and signature
Status: in_force

60-2-114 . Bids for contracts let by commission to contain security, unit price, and signature. Each bid communicated to the commission in response to a request for bids required by this part must comply with the unit price and signature requirements of 18-2-303 and the bid security requirements of 60-2-113 in order for the bid to be accepted.
Mont. Code Ann. § 60-2-217 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-217
60-2-217 Signs identifying mountain ranges -- scenic loop highways -- costs -- responsibility of department
Status: in_force

60-2-217 . Signs identifying mountain ranges -- scenic loop highways -- costs -- responsibility of department. (1) Subject to the provisions of federal law, the department shall design and erect at relevant locations signs, clearly visible to traffic, identifying:

(a) each prominent mountain range that is visible to an occupant of a vehicle traveling on a highway in Montana that is part of the national highway system or primary highway system; and

(b) the junctions with highways that are part of the national highway system or primary highway system in Montana of scenic highways designated under authority of the commission or the department. The signs must mark where the scenic loop leaves and returns to the national highway system or primary highway system.

(2) (a) The department may not pay the cost of the manufacture and erection of the signs provided for in subsection (1)(b) out of funds appropriated to the department.

(b) Scenic loop highway signs are intended to provide tourist information, and the department's responsibility for the construction, maintenance, or traffic operation of the highway so signed is not affected by the signs.

(c) Erection of scenic loop highway signs does not create a scenic highway.
Mont. Code Ann. § 60-5-110 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-110
60-5-110 Commercial enterprise or structure prohibited -- exceptions
Status: in_force

60-5-110 . Commercial enterprise or structure prohibited -- exceptions. (1) Except as provided in 60-5-505 and subsections (2) and (3) of this section, a commercial enterprise or structure may not be operated on the publicly owned or leased right-of-way of a controlled-access highway or controlled-access facility.

(2) The department may, under the terms and conditions that it considers appropriate, install or allow others to install electronic communication equipment or electronic informational kiosks on the right-of-way of any state highway, including a controlled-access facility. The department may charge a fee for the use of the equipment or kiosk. The fees must be deposited in the highway nonrestricted account provided for in 15-70-125 to be used for highway purposes.

(3) (a) The department may, under terms and conditions that it considers appropriate, contract with a blind vendor certified pursuant to Title 18, chapter 5, part 4, or issue an invitation for bid subject to the preference to blind persons set forth in 18-5-502 for the installation of vending machines on the right-of-way of any state highway, including a controlled-access facility.

(b) A blind vendor installing a vending machine pursuant to this subsection (3) is subject to the applicable provisions of Title 18, chapter 5, part 4.
Mont. Code Ann. § 60-7-205 — MT Code / Title 60 / Chapter 7 / Part 2 / Section 60-7-205
60-7-205 Violations
Status: in_force

60-7-205 . Violations. A person who violates 60-7-204 is guilty of a misdemeanor.
Mont. Code Ann. § 60-2-112 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-112
60-2-112 Competitive bidding -- reciprocity -- definition
Status: in_force

60-2-112 . Competitive bidding -- reciprocity -- definition. (1) Except as provided in subsections (2) through (6), if the estimated cost of any work exceeds $50,000, the commission shall award the contract by competitive bidding to the lowest responsible and responsive bidder. The award must be made upon the notice and terms that the commission prescribes by its rules. However, except when prohibited by federal law, the commission shall make awards and contracts in accordance with 18-1-102 .

(2) The commission may award a contract by means other than competitive bidding if it determines that special circumstances so require. The commission shall specify the special circumstances in writing.

(3) The commission may enter into contracts with units of local government for the construction of projects without competitive bidding if it finds that the work can be accomplished at lower total costs, including total costs of labor, materials, supplies, equipment usage, engineering, supervision, clerical and accounting services, administrative costs, and reasonable estimates of other costs attributable to the project.

(4) The commission may delegate to the department the authority to enter, without competitive bidding, agreed-upon price contracts for projects costing $50,000 or less.

(5) The commission may award a design-build contract under the design-build contracting program if the provisions of 60-2-137 have been met. The commission may also award a contract using an alternative project delivery method under 60-2-120 .

(6) The commission or the department may not enter into a contract for a state-funded highway project or a construction project with a bidder whose operations are not headquartered in the United States unless:

(a) the foreign country, or province or other political subdivision of that country, in which the bidder is headquartered affords companies based in the United States open, fair, and nondiscriminatory access to bidding on highway projects and construction projects located in the foreign country, or province or other political subdivision of that country; and

(b) the department has entered into a reciprocity agreement with or has exchanged letters of information with the foreign country, or province or other political subdivision of that country, that addresses:

(i) the equal and fair treatment of bids originating in the United States and in the foreign country, or province or other political subdivision of that country;

(ii) specific ownership requirements and tax policies in the United States and in the foreign country, or province or other political subdivision of that country, that may result in the unequal treatment of all bids received, regardless of their origin;

(iii) the means by which contractors from both the United States and the foreign country, or province or other political subdivision of that country, are notified of highway projects and construction projects available for bid; and

(iv) any other differences in public policy or procedure that may result in the unequal treatment of bids originating in the United States or in the foreign country, or province or other political subdivision of that country, for projects located in either the United States or the foreign country, or province or other political subdivision of that country.

(7) As used in subsection (6), "construction" has the meaning provided in 18-2-101 .
Mont. Code Ann. § 60-1-239 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-239
60-1-239 Chief Earl Old Person memorial highway
Status: in_force

60-1-239 . Chief Earl Old Person memorial highway. (1) There is established the Chief Earl Old Person memorial highway on the existing U.S. highway 89 from its intersection with border road to its intersection with U.S. highway 2.

(2) The department shall design and install appropriate signs marking the location of the Chief Earl Old Person memorial highway.

(3) Maps that identify roadways in the state must be updated to include the Chief Earl Old Person memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-11-119 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-119
60-11-119 Authority to issue revenue bonds
Status: in_force

60-11-119 . Authority to issue revenue bonds. The board may issue and sell essential freight rail revenue bonds to make loans to finance the cost of projects, to pay the costs of issuing the bonds, and to provide for reserves, upon recommendation of the department. The bonds must be issued under Title 17, chapter 5, part 15.
Mont. Code Ann. § 60-1-219 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-219
60-1-219 Pintler veterans' memorial scenic highway
Status: in_force

60-1-219 . Pintler veterans' memorial scenic highway. (1) There is established the Pintler veterans' memorial scenic highway on the existing Montana highway 1.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are regularly updated.
Mont. Code Ann. § 60-2-120 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-120
60-2-120 Alternative project delivery
Status: in_force

60-2-120 . Alternative project delivery. (1) The commission may use alternative project delivery methods for letting contracts.

(2) Once the commission, acting on a recommendation of the department, identifies a project for which an alternative project delivery method will be used and approves selection criteria proposed by the department, the department shall prepare and advertise a request for qualifications.

(3) From the responders, the department shall prepare a short list of the highest scoring responders, not to exceed five responders on any single project.

(4) The department shall announce the short list and issue a request for proposals inviting each responder on the short list to submit a technical and price proposal to the department.

(5) The department shall evaluate the technical and price proposals and present to the commission the department's written recommendation to award the contract.
Mont. Code Ann. § 60-5-102 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-102
60-5-102 Definitions
Status: in_force

60-5-102 . Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:

(1) "Arterial highway" means a state highway designated by the commission as part of the noninterstate component of the national highway system, the primary highway system, and any highway designated as a part of the secondary highway system that has been constructed and is being used primarily for through traffic on a continuous route.

(2) "Controlled-access facility" means and includes streets, alleys, public roads, private roads, and ways of passage intersecting a controlled-access highway and real property contiguous to the right-of-way of a controlled-access highway.

(3) "Controlled-access highway" means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. It also means those portions of spurs to interstate highways that the commission designates as unsafe or impeded by unrestricted access of traffic from intersecting streets or alleys or public or private roads or ways of passage.

(4) "Existing highway" means and includes highways, roads, and streets established, constructed, and in use on March 2, 1955. It does not include highways, roads, or streets established, constructed, and in use after that date or highways, roads, or streets or portions of highways, roads, or streets relocated after that date.

(5) "Highway authorities" or "authority" means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets.

(6) "Throughway" means a portion of an arterial highway constructed and used for carrying traffic partially or entirely around a town or city or a portion of a town or city.

(7) "Throughway intersection area" means an area within a radius of 300 feet from the point of intersection of the centerlines of a throughway and a public road, street, or highway.
Mont. Code Ann. § 60-5-512 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-512
60-5-512 Specific information signs -- number of business signs -- distances
Status: in_force

60-5-512 . Specific information signs -- number of business signs -- distances. (1) The number of specific information signs permitted is limited to one for each type of motorist service along an approach to an interchange or intersection.

(2) More than six business signs may not be displayed on a "GAS", "FOOD", "LODGING", or "CAMPING" specific information sign. Except as provided in subsection (3), a business may not be allowed more than one business sign on the same specific information sign.

(3) In areas where there are not more than four qualified businesses available for each of two or more types of motorist services, business signs for two types of services may be displayed by a business on the same specific information sign. More than four business signs for each type of service may not be displayed in combination on a specific information sign.

(4) To qualify for business identification on a specific information sign, a motorist service facility shall meet the eligibility criteria established in 60-5-514 and may not be located more than 3 miles from the interstate highway. However, if eligible services are not located within the 3-mile limit, the distance limits may be increased in 3-mile increments until either an eligible service or 15 miles is reached.
Mont. Code Ann. § 60-2-202 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-202
60-2-202 Duties of department
Status: in_force

60-2-202 . Duties of department. The department shall:

(1) maintain and preserve the records of the commission in its office at Helena; and

(2) file and preserve copies of all plans, specifications, contracts, estimates, and official acts taken by it or by the commission.
Mont. Code Ann. § 60-1-213 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-213
60-1-213 Robert E. Ewing Jr. memorial highway
Status: in_force

60-1-213 . Robert E. Ewing Jr. memorial highway. (1) There is established the Robert E. Ewing Jr. memorial highway composed of the existing Montana interstate 90 from reference marker 410 to reference marker 424, between Columbus and Park City.

(2) When existing road signs between reference marker 410 and reference marker 424 need replacement, the department shall erect road signs reflecting the memorial designation in subsection (1).

(3) Maps that identify roadways in Montana must reflect the memorial designation in subsection (1) when maps are updated or replaced.
Mont. Code Ann. § 60-1-103 — MT Code / Title 60 / Chapter 1 / Part 1 / Section 60-1-103
60-1-103 General definitions
Status: in_force

60-1-103 . General definitions. Subject to additional definitions contained in this title that are applicable to specific chapters or sections and unless the context otherwise requires, in this title the following definitions apply:

(1) "Abandonment" or "vacation" means cessation of the use of a right-of-way or easement or of activity on a right-of-way or easement with no intention to reclaim or use the right-of-way or easement again.

(2) "Bridge" means any bridge constructed by the department, together with all appurtenances, additions, alterations, improvements, and replacements and the approaches to the bridge, lands used in connection with the bridge, and improvements incidental or integral to the bridge.

(3) "Commission" means the transportation commission provided for in 2-15-2502 .

(4) "Commission-designated highway systems" means the following as defined in this section:

(a) national highway system;

(b) primary highway system;

(c) secondary highway system; and

(d) urban highway system.

(5) "Condemnation" means taking by exercise of the right of eminent domain, as provided in Title 70, chapter 30, and chapter 4 of this title.

(6) "Construction" means supervising, inspecting, actual building, and all expenses incidental to the construction or reconstruction of a highway, including locating, surveying, mapping, and costs of right-of-way or other interests in land and elimination of hazards at railway grade crossings.

(7) "Control of access" means the condition in which the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with a highway is fully or partially controlled by public authority.

(8) "County road" means any public highway opened, established, constructed, maintained, abandoned, or discontinued by a county in accordance with Title 7, chapter 14.

(9) "Department" means the department of transportation provided for in Title 2, chapter 15, part 25.

(10) "Director" means the director of transportation, a position provided for in 2-15-2501 .

(11) "Easement" means a right acquired by public authority to use or control property for a designated purpose.

(12) "Eminent domain" means the right of the state to take private property for public use.

(13) "Federal-aid highway funds" means those funds available for expenditure by the department pursuant to Title 23, U.S.C., or other federally available funds for highways.

(14) "Fee simple" means an absolute estate or ownership in property, including unlimited power of alienation.

(15) "Financial district" means a transportation commission district established in 2-15-2502 .

(16) "Highway" includes rights-of-way or other interests in land, embankments, retaining walls, culverts, sluices, drainage structures, bridges, railroad-highway crossings, tunnels, signs, guardrails, and protective structures.

(17) "Highway", "road", and "street", whether the terms appear together or separately or are preceded by the adjective "public", are general terms denoting a public way for purposes of vehicular travel and include the entire area within the right-of-way.

(18) "Highway authority" means the entity at any level of government authorized by law to construct and maintain highways.

(19) "Interstate highway" means a highway that is part of the Dwight D. Eisenhower system of interstate and defense highways described in Title 23, U.S.C., and is a subcomponent of the national highway system.

(20) "Maintenance" means the preservation of the entire highway, including surface, shoulders, roadsides, structures, and traffic control devices that are necessary for the safe and efficient use of the highway.

(21) "National highway system" means that system of public highways designated by the commission and approved by the secretary of transportation, as provided in Title 23, U.S.C., including interstate highways.

(22) "Primary highway system" means those highways that have been functionally classified, in accordance with federal requirements, as either principal or minor arterials and designated by the commission as being on the primary highway system.

(23) "Public highways" means all streets, roads, highways, bridges, and related structures:

(a) built and maintained with appropriated funds of the United States or the state or any political subdivision of the state;

(b) dedicated to public use;

(c) acquired by eminent domain, as provided in Title 70, chapter 30, and chapter 4 of this title; or

(d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state.

(24) "Right-of-way" is a general term denoting land, property, or any interest in land or property, usually in a strip, acquired for or devoted to highway purposes.

(25) "Scenic-historic byway" means a public road or segment of a public road that has been designated as a scenic-historic byway by the commission, as provided in 60-2-601 .

(26) "Secondary highway system" means those highways that are outside department-designated urban boundaries and that have been functionally classified, in accordance with federal requirements, as either minor arterials or major collectors and designated by the commission, in cooperation with the boards of county commissioners, as being on the secondary highway system.

(27) "State highways" means the highways throughout the state that are not located on a commission-designated highway system but that are on the state maintenance system.

(28) "Urban highway system" means the highways and streets that are in and near incorporated cities with populations of over 5,000 and within urban boundaries established by the department and that are functionally classified, in accordance with federal requirements, as either arterials or major collectors and designated by the commission, in cooperation with local government authorities, as being on the urban highway system.
Mont. Code Ann. § 60-4-212 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-212
60-4-212 Abandoned highway property -- title vests in contiguous owner
Status: in_force

60-4-212 . Abandoned highway property -- title vests in contiguous owner. (1) Following abandonment by the state in the manner provided in 60-2-107 and subsection (2) of this section of an interest in real property acquired for the purpose of establishing a highway, the owner of contiguous real property or the owner's successor in interest is vested with the abandoned interest to the extent provided in subsection (3) of this section.

(2) For the purposes of this section:

(a) a fee simple interest may be abandoned only by the proper order of the commission; and

(b) an interest of less than fee simple may be abandoned in the manner provided in subsection (2)(a), by operation of law, and by judgment of a court of competent jurisdiction.

(3) The interest acquired by the contiguous property owner under subsection (1) is the abandoned interest or portion of the interest:

(a) if there are different contiguous property owners on each side of the abandoned interest, bounded on one side by the contiguous property and on the remaining two opposite sides by lines following the shortest distance from the extreme ends of the contiguous property abutting upon the abandoned interest to the center of the abandoned interest; and

(b) if the owners of the contiguous property on each side of the abandoned interest are the same, bounded on two opposite sides by the contiguous properties and on the two remaining opposite sides by lines following the shortest distance from the extreme ends of the contiguous property on one side of the abandoned interest to the extreme ends of the contiguous property on the other side of the abandoned interest.

(4) For the purposes of this section, an interest in property abandoned by a proper order of the commission includes an interest in property that the commission determines to be unnecessary to the laying out, altering, construction, improvement, or maintenance of a highway, whether or not the commission determines to sell the interest.

(5) The interest acquired by a contiguous property owner under subsection (3) is conditioned on the use of the property for agricultural or noncommercial purposes. If the property is used for commercial purposes or for purposes of future subdivision or other similar development, the property must revert to the state for sale pursuant to this part. This restriction applies to all subsequent holders of title to the property.

(6) This section does not provide for abandonment of only a portion of a right-of-way or for abandonment of highway property for which the contiguous property has been subdivided prior to abandonment.
Mont. Code Ann. § 60-2-606 — MT Code / Title 60 / Chapter 2 / Part 6 / Section 60-2-606
60-2-606 Terminated
Status: in_force

60-2-606 . Terminated. Sec. 4, Ch. 410, L. 2009.
Mont. Code Ann. § 60-5-513 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-513
60-5-513 Sign composition -- spacing -- conformity with laws
Status: in_force

60-5-513 . Sign composition -- spacing -- conformity with laws. (1) A specific information sign panel must have a blue background with a white reflectorized border. The panels may be illuminated subject to regulation by the department.

(2) A business sign must have a blue background with a white legend unless other requirements are established by the department. Nationally, regionally, or locally known commercial symbols, brands, or trademarks for service stations, restaurants, campgrounds, and motels must be used when applicable. The symbol, brand, or trademark used on the business sign must be reproduced in the colors and general shape consistent with customary use. Messages, symbols, brands, or trademarks that interfere with or resemble any official warning or regulatory traffic sign, signal, or device are prohibited.

(3) Specific information signs are permitted only at locations where there is adequate distance between interchanges in compliance with the Manual on Uniform Traffic Control Devices, as amended.

(4) The spacing between two specific information sign panels and between specific information sign panels and official traffic control signs must be in accordance with the Manual on Uniform Traffic Control Devices. If there is insufficient space for both official traffic control signs and specific information signs, the official traffic control signs must be installed.

(5) The erection and maintenance of specific information signs must conform to national standards promulgated by the secretary of the U.S. department of transportation pursuant to 23 U.S.C. 131 and 23 U.S.C. 315 and rules adopted by the department under 60-5-503 .
Mont. Code Ann. § 60-2-111 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-111
60-2-111 Letting of contracts on state highways and commission-designated highway systems
Status: in_force

60-2-111 . Letting of contracts on state highways and commission-designated highway systems. (1) Except as provided in subsection (2), all contracts for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns, and all contracts entered into under 7-14-4108 must be let by the commission. Except as otherwise specifically provided, the commission may enter the types of contracts and upon terms that it may decide. All contracts must meet the requirements of Title 18, chapter 2, part 4. When there is no prevailing rate of wages set by collective bargaining, the commission shall determine the prevailing rate to be stated in the contract.

(2) The commission may delegate the authority, with all applicable statutory restrictions, to award any contract covered by this section to the department or to a unit of local government.

(3) The commission may award contracts for projects that the department has determined are part of the design-build contracting program authorized in 60-2-137 .

(4) The commission may award contracts using alternative project delivery methods in accordance with 60-2-120 .
Mont. Code Ann. § 60-2-129 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-129
60-2-129 Allocation of funds
Status: in_force

60-2-129 . Allocation of funds. (1) The commission may allocate federal-aid highway funds for projects or programs in which all or a portion of the work is on highways that are not located on the highway systems defined in 60-1-103 . The allocations must be made without regard to the financial district in which the project or program is located.

(2) The department shall allocate all federal transit administration funds, freight assistance funds, or any funds or grants available by legislative appropriation for the study, design, construction, repair, or improvement of rail or transit intermodal transportation systems.

(3) The commission may authorize the transfer of federal funds between qualified programs, including highway and transit programs.

(4) The commission may delegate commission functions and responsibilities under this section to the department.
Mont. Code Ann. § 60-5-101 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-101
60-5-101 Policy
Status: in_force

60-5-101 . Policy. The legislature declares it to be the policy of this state to facilitate the flow of traffic and promote public safety by controlling access to:

(1) interstate highways;

(2) throughways and intersections with throughways;

(3) other commission-designated highway systems and state highways.
Mont. Code Ann. § 60-11-116 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-116
60-11-116 Funding for account
Status: in_force

60-11-116 . Funding for account. Federal funds received for local freight assistance programs under former 49 U.S.C. 1654 in an amount up to $1.1 million must be deposited in the account established in 60-11-115 .
Mont. Code Ann. § 60-11-117 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-117
60-11-117 Definitions
Status: in_force

60-11-117 . Definitions. As used in 60-11-117 through 60-11-119 , the following definitions apply:

(1) "Board" means the board of investments established in 2-15-1808 .

(2) "Bonds" means bonds, notes, or other evidences of indebtedness issued pursuant to 60-11-117 through 60-11-119 as essential freight rail revenue bonds.

(3) "Cost", as applied to any project, means any cost of any part of the project pursuant to 60-11-120 .

(4) "Projects" means the acquisition, construction, reconstruction, maintenance, and repair of rail lines.

(5) "Revenue" means the revenue from the operation of a rail line loan repayments and any delinquency charges on loan repayments.
Mont. Code Ann. § 60-3-101 — MT Code / Title 60 / Chapter 3 / Part 1 / Section 60-3-101
60-3-101 Assent to federal law
Status: in_force

60-3-101 . Assent to federal law. (1) The legislature, for and on behalf of the state, assents to the provisions of Title 23, U.S.C.

(2) The department may, for and on behalf of the state, enter into all contracts and agreements with the United States or any officer, department, or bureau thereof relating to the construction, reconstruction, repair, and maintenance of highways in the state.

(3) The department may make all rules necessary to comply with the provisions of the laws assented to and all other laws granting aid for public highways and to obtain for the state the full benefits of such laws.

(4) The department may do all other things necessary or required to carry out fully the cooperation contemplated by the acts of congress assented to.
Mont. Code Ann. § 60-5-514 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-514
60-5-514 Business eligibility -- criteria -- restrictions
Status: in_force

60-5-514 . Business eligibility -- criteria -- restrictions. (1) To be eligible for placement of a business sign on a specific information sign panel, a business establishment shall meet standards for "GAS", "FOOD", "LODGING", and "CAMPING" services in rules adopted by the department pursuant to guidelines in the Manual on Uniform Traffic Control Devices, as amended.

(2) (a) Each business identified on a specific information sign shall provide assurance of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, as defined in 1-1-201 , culture, social origin or condition, or political or religious ideas.

(b) If such a business violates any of these laws, it loses eligibility for business identification on a specific information sign.

(3) No business that owns any outdoor advertising structure in violation of the provisions of Title 75, chapter 15, part 1, may be eligible for business identification on a specific information sign for 1 year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notification under 75-15-131 .
Mont. Code Ann. § 60-5-503 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-503
60-5-503 Rulemaking authority
Status: in_force

60-5-503 . Rulemaking authority. The department may adopt rules necessary to implement the provisions of 60-5-501 , 60-5-502 , 60-5-504 , 60-5-505 , 60-5-509 through 60-5-514 , and 60-5-519 through 60-5-522 .
Mont. Code Ann. § 60-5-104 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-104
60-5-104 Powers of highway authorities
Status: in_force

60-5-104 . Powers of highway authorities. (1) Those authorities of the state, counties, and municipalities authorized to participate in construction and maintenance of highways may plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use. Each authority shall by resolution make the findings and determinations provided for in 60-5-103 in order to designate a highway as a controlled-access facility.

(2) The highway authorities of the state, counties, incorporated cities, and towns, respectively or in cooperation each with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. The property rights may include rights of access, air, view, and light. The property and property rights may be acquired by gift, devise, purchase, or condemnation, as provided in Title 70, chapter 30, and chapter 4 of this title, for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.

(3) Within incorporated cities and towns and upon county roads or secondary highways, the department of transportation may not control access without the consent of the appropriate governing body.

(4) Each authority may also exercise with relation to controlled-access facilities any current or future authority it has over highways, roads, or streets within its jurisdiction. Each authority may, within its jurisdiction, regulate, restrict, or prohibit the use of controlled-access facilities by any vehicles or traffic.
Mont. Code Ann. § 60-2-223 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-223
60-2-223 Terminated
Status: in_force

60-2-223 . Terminated. Sec. 6, Ch. 667, L. 1989.
Mont. Code Ann. § 60-3-201 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-201
60-3-201 Distribution and use of proceeds of gasoline tax
Status: in_force

60-3-201 . Distribution and use of proceeds of gasoline tax. (1) Money received in payment of the gasoline tax under 15-70-403 , except those amounts paid out of the department's suspense account for gasoline tax refund, must be deposited as provided in 15-70-403 (2) and (3) and used and expended as provided in 15-70-126 and 15-70-128 and this section. After deductions for amounts paid out of the suspense account for gasoline tax refunds, the remainder of the gasoline tax collected under 15-70-403 is allocated as follows:

(a) 9/10 of 1% to the state park account;

(b) 15/28 of 1% to a snowmobile account in the state special revenue fund;

(c) 1/8 of 1% to an off-highway vehicle account in the state special revenue fund to be used pursuant to 23-2-825 ;

(d) 1/25 of 1% to the aeronautics revenue fund of the department under the provisions of 67-1-301 ; and

(e) the remaining amount as provided for in 15-70-126 and 15-70-128 .

(2) The department shall, in expending this money, carry forward construction from year to year, using the money expended in accordance with this title. Nothing in this title conflicts with Title 23 of the United States Code and the rules by which it is administered.

(3) The department may enter into cooperative agreements with the national park service and the federal highway administration for the purpose of maintaining national park approach roads in Montana.

(4) Money credited to the state park account in the state special revenue fund may be used only for the creation, improvement, and maintenance of state parks where motorboating is allowed. The legislature finds that of all the fuel sold in the state for consumption in internal combustion engines, except fuel for which refunds have been made, not less than 9/10 of 1% is used for propelling boats on waterways of this state.

(5) (a) Money credited to the snowmobile account may be used only to develop and maintain facilities open to the general public at no admission cost, to promote snowmobile safety, for enforcement purposes, and for the control of noxious weeds.

(b) Of the amounts deposited in the snowmobile account:

(i) 13% of the amount deposited must be used by the department of fish, wildlife, and parks to promote snowmobile safety and education and to enforce snowmobile laws. Two-thirds of the 13% deposited must be used to promote snowmobile safety and education and one-third of the 13% deposited must be used for the enforcement of snowmobile laws.

(ii) 1% of the amount deposited must be credited to the noxious weed management special revenue fund provided for in 80-7-816 .

(c) The legislature finds that of all fuels sold in this state for consumption in internal combustion engines, except fuel for which refunds have been made, not less than 15/28 of 1% is used for propelling registered snowmobiles in this state.

(6) The legislature finds that of all fuel sold in this state for consumption in internal combustion engines, except fuel for which refunds have been made, not less than 1/8 of 1% is used for propelling off-highway vehicles in this state.

(7) Money credited to the aeronautics operations account provided for in 67-1-308 may be used only to develop, improve, and maintain facilities open to the public at no admission cost and to promote aviation safety. The legislature finds that of all the fuel sold in this state for consumption in internal combustion engines not less than 1/25 of 1% is used for propelling aircraft in this state.
Mont. Code Ann. § 60-21-101 — MT Code / Title 60 / Chapter 21 / Part 1 / Section 60-21-101
60-21-101 Department of transportation authorized to represent the state on public transportation issues
Status: in_force

60-21-101 . Department of transportation authorized to represent the state on public transportation issues. The department of transportation may represent the state of Montana on any issue relating to any mode of public transportation in any judicial or administrative forum of this state, any other state, or the United States.
Mont. Code Ann. § 60-7-103 — MT Code / Title 60 / Chapter 7 / Part 1 / Section 60-7-103
60-7-103 Department to fence right-of-way through open range -- exception
Status: in_force

60-7-103 . Department to fence right-of-way through open range -- exception. (1) Except as provided in subsection (3), the department shall fence the right-of-way of any part of a primary or secondary highway or a county road or bridge that is constructed or reconstructed after July 1, 1969, through open range where livestock present a hazard to the safety of the motorist. When a fence is constructed, adequate stock gates or stock passes, as necessary, must be provided to make land on either side of the highway usable for livestock purposes.

(2) The department shall erect a right-of-way fence in the high-hazard areas where fencing is warranted as promptly as possible, and the cost of the fence construction is an expenditure for the enforcement of federal-aid highway safety programs. Even if a right-of-way fence is determined to be unwarranted pursuant to subsection (3), gates, stock underpasses, water facilities, and cattle guards may be installed where necessary to enhance safety and to make the land on either side of the highway usable for livestock purposes or where a public right-of-way intersects the state highway.

(3) The department is not required to fence the right-of-way of a secondary highway through open range that passes through a county park, provided that:

(a) the department and the board of county commissioners:

(i) agree that the criteria listed in this subsection (3) have been adequately met; and

(ii) cooperate in developing an accident mitigation plan for the portion of the highway that will remain unfenced. The plan may include the speed limit established as provided in 61-8-309 or 61-8-310 , how the criteria listed in this subsection (3) have been met, how the plan will be implemented, and any other issues related to minimizing accidents involving livestock and motor vehicles where a fence has not been erected.

(b) livestock grazing does not occur from Memorial Day to Labor Day;

(c) the speed limit established as provided in 61-8-309 or 61-8-310 is clearly posted and enforceable;

(d) warning signs indicating that livestock may be on the road are posted at regular intervals along the road and maintained during the months that livestock grazing occurs;

(e) livestock management practices, such as locating water and administering dietary supplements away from the road and developing grazing and herding plans that minimize the amount of time that livestock are on or near the road, are employed; and

(f) the unfenced portion of the road does not exceed 20 miles in length.
Mont. Code Ann. § 60-4-215 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-215
60-4-215 Application of other laws
Status: in_force

60-4-215 . Application of other laws. (1) The provisions of 60-2-107 (1) through (3) do not apply to abandonment under 60-4-213 through 60-4-218 .

(2) The provisions of 60-2-107 (4) and (5) apply to right-of-way abandonment under 60-4-213 through 60-4-218 to the extent that reasonable access must remain after the right-of-way abandonment.
Mont. Code Ann. § 60-1-201 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-201
60-1-201 Classification -- highways and roads
Status: in_force

60-1-201 . Classification -- highways and roads. (1) Public highways of this state are classified as follows:

(a) commission-designated highway systems;

(b) state highways;

(c) county roads;

(d) city streets.

(2) All highways that are not designated, selected, or established by the commission or constructed or maintained by the department may be designated as county roads or city streets upon the acceptance of the county or city.

(3) County roads are those that are opened, established, constructed, maintained, changed, abandoned, or discontinued by a county in accordance with Title 7, chapter 14, or that have been the subject of a request under 7-14-2622 and for which a legal route has been recognized by a district court as provided in 7-14-2622 .

(4) City streets are those public highways under the jurisdiction of municipal officials.
Mont. Code Ann. § 60-5-510 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-510
60-5-510 Costs
Status: in_force

60-5-510 . Costs. The department shall authorize reasonable fees to cover all costs incurred under the motorist information sign program. Fees must be paid under agreements negotiated between a franchisee and an advertiser unless otherwise provided in the contract between the department and the franchisee.
Mont. Code Ann. § 60-5-105 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-105
60-5-105 Design of controlled-access facility -- entrance and exit restricted
Status: in_force

60-5-105 . Design of controlled-access facility -- entrance and exit restricted. (1) Each highway authority may so design any controlled-access facility and so regulate, restrict, or prohibit access as to best serve the traffic for which the facility is intended. In so doing, it may divide and separate any controlled-access facility into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating the separate roadways by signs, markers, stripes, and other devices.

(2) No person shall have any right to enter upon, exit from, or cross any controlled-access facility except at designated points at which access may be permitted. Terms and conditions governing such access may be specified from time to time.
Mont. Code Ann. § 60-2-303 — MT Code / Title 60 / Chapter 2 / Part 3 / Section 60-2-303
60-2-303 Cooperation in use of ports of entry and checking stations
Status: in_force

60-2-303 . Cooperation in use of ports of entry and checking stations. The department shall cooperate with other agencies and political subdivisions of this state in the use of the ports of entry or checking stations so that maximum use can be made of the facilities in enforcement of the laws of this state.
Mont. Code Ann. § 60-2-119 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-119
60-2-119 Terminated
Status: in_force

60-2-119 . Terminated. Sec. 6, Ch. 54, L. 2017; Sec. 7, Ch. 145, L. 2023.
Mont. Code Ann. § 60-5-526 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-526
60-5-526 Restrictions
Status: in_force

60-5-526 . Restrictions. The department may take no action under this part that may result in the loss to the state of any federal highway construction funds.
Mont. Code Ann. § 60-2-219 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-219
60-2-219 Department authorized to accept and expend funds for welcome and farewell signs
Status: in_force

60-2-219 . Department authorized to accept and expend funds for welcome and farewell signs. The department may accept money from other state agencies, federal agencies, or private persons for the purposes of 60-2-218 and may expend the money received for those purposes.
Mont. Code Ann. § 60-7-101 — MT Code / Title 60 / Chapter 7 / Part 1 / Section 60-7-101
60-7-101 Purpose
Status: in_force

60-7-101 . Purpose. It is the purpose of 60-7-101 through 60-7-103 to balance the tradition of the open range and the economic and geographic problems of raising livestock with the need for safer highways and the policy of taking all feasible measures to reduce the high incidence of traffic accidents and fatalities on Montana highways.
Mont. Code Ann. § 60-1-237 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-237
60-1-237 Helen Clarke memorial highway
Status: in_force

60-1-237 . Helen Clarke memorial highway. (1) There is established the Helen Clarke memorial highway on the existing U.S. highway 2 from the limits of East Glacier to the limits of Browning.

(2) The department shall design and install appropriate signs marking the location of the Helen Clarke memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Helen Clarke memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-218 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-218
60-2-218 Welcome and farewell signs -- design, erection, maintenance -- completion date -- exceptions
Status: in_force

60-2-218 . Welcome and farewell signs -- design, erection, maintenance -- completion date -- exceptions. The department shall:

(1) design, erect, and maintain welcome and farewell signs within Montana at the nearest practical location to the border of the state where each national highway system or primary highway system enters or leaves Montana; and

(2) select locations for the signs consistent with the requirements for public safety and maximum visibility and with all applicable provisions of federal law.
Mont. Code Ann. § 60-2-145 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-145
60-2-145 Terminated
Status: in_force

60-2-145 . Terminated. Sec. 9, Ch. 111, L. 2021; Sec. 8, Ch. 145, L. 2023.
Mont. Code Ann. § 60-5-501 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-501
60-5-501 Purpose
Status: in_force

60-5-501 . Purpose. It is the purpose of this part to provide for the installation of motorist information signs giving specific information of interest to the traveling public regarding motorist services that are conveniently accessible from the interstate and primary highways within the state.
Mont. Code Ann. § 60-4-217 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-217
60-4-217 Criteria for right-of-way abandonment
Status: in_force

60-4-217 . Criteria for right-of-way abandonment. (1) Subject to subsection (2), the commission shall enter an order disposing of the subject property by right-of-way abandonment upon finding that:

(a) the department has determined that the cost of disposing of the subject property by sale pursuant to 60-4-202 or exchange pursuant to 60-4-201 exceeds the fair market value of the subject property;

(b) a remainder exists to provide reasonable access; and

(c) at least one of the following applies:

(i) the disposal qualifies as an exception to 23 CFR 710.403(d);

(ii) reimbursement of federal funds is not required; or

(iii) the commission agrees to any required reimbursement of federal funds.

(2) An owner of contiguous property who does not object to the proposed receipt of title to the abandoned interest is considered to have consented to the receipt of title.
Mont. Code Ann. § 60-5-504 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-504
60-5-504 Motorist information sign program -- department
Status: in_force

60-5-504 . Motorist information sign program -- department. There is a motorist information sign program to be operated by a franchisee under the general supervision and control of the department.
Mont. Code Ann. § 60-2-212 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-212
60-2-212 Better local bridge state special revenue account -- rulemaking
Status: in_force

60-2-212 . Better local bridge state special revenue account -- rulemaking. (1) There is an account in the state special revenue fund provided for in 17-2-102 to be known as the better local bridge fund account to the credit of the department of transportation.

(2) There must be deposited in the account money received pursuant to 17-1-405 .

(3) The account may be used for:

(a) grants to local government for the costs associated with engineering and construction of local, off-system bridges; and

(b) administrative costs for the department of transportation, not to exceed 5% of revenue received.

(4) Grants to local governments must include no less than 20% local matching funds.

(5) The department shall enact rules for distribution of annual grants to local governments.

(6) The account retains its own interest.
Mont. Code Ann. § 60-2-121 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-121
60-2-121 Authority of commission to prioritize expenditures on railroad crossings -- public hearing
Status: in_force

60-2-121 . Authority of commission to prioritize expenditures on railroad crossings -- public hearing. (1) The commission shall adopt rules to prioritize the expenditure of funds on railroad crossings.

(2) If requested by the board of county commissioners of any county, the commission shall conduct a public hearing in the affected county on the priority assigned any railroad crossing, and based on the evidence presented at the public hearing, the commission may revise the priority of the railroad crossing.
Mont. Code Ann. § 60-7-201 — MT Code / Title 60 / Chapter 7 / Part 2 / Section 60-7-201
60-7-201 Grazing livestock on highway unlawful
Status: in_force

60-7-201 . Grazing livestock on highway unlawful. A person who owns or possesses livestock may not permit the livestock to graze, remain upon, or occupy a part of the right-of-way of:

(1) a state highway running through cultivated areas or a part of the fenced right-of-way of a state highway if in either case the highway has been designated by agreement between the transportation commission and the secretary of transportation as a part of the national system of interstate and defense highways; or

(2) a state highway designated by agreement between the transportation commission and the secretary of transportation as a part of the federal-aid primary system, except as provided in 60-7-202 .
Mont. Code Ann. § 60-4-101 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-101
60-4-101 Rights acquired by public in highway
Status: in_force

60-4-101 . Rights acquired by public in highway. By taking or accepting land for a highway, the public may acquire either a fee simple or any lesser estate or interest.
Mont. Code Ann. § 60-2-602 — MT Code / Title 60 / Chapter 2 / Part 6 / Section 60-2-602
60-2-602 Scenic-historic byways program -- rules
Status: in_force

60-2-602 . Scenic-historic byways program -- rules. (1) The department shall adopt rules to effectively administer the scenic-historic byways program. The rules must include the criteria that will be considered for designating a road for inclusion in the scenic-historic byways program.

(2) In developing the criteria, to be included in the rules, for designating a road for inclusion in the scenic-historic byways program, the commission and department shall specifically address:

(a) factors that allow each locality choosing to participate in or seeking participation in the scenic-historic byways program the opportunity to:

(i) enhance the experience of the traveling public;

(ii) stimulate or allow for economic development and new marketing strategies; or

(iii) preserve intrinsic resources for the benefit of future generations;

(b) a methodology by which a locality choosing to participate in or seeking participation in the scenic-historic byways program may participate in the national scenic byways program, described in section 1047 of Public Law 102-240;

(c) means by which a road may be excluded from designation as a scenic-historic byway by:

(i) an incorporated municipality for a road or segment of a road within its jurisdiction; or

(ii) a landowner for a road or segment of a road adjacent to the landowner's private property;

(d) factors to be considered in assessing the intrinsic, scenic, historic, recreational, cultural, archaeological, educational, or natural qualities of the road nominated for inclusion in the scenic-historic byways program;

(e) factors to be considered in a locality's corridor management plan, including that the plan:

(i) serves as a visioning tool to provide direction for enhancing and marketing the corridor, but not as a land management document, zoning tool or mandate, highway improvement scoping or prioritization document, or highway management document;

(ii) accommodates commerce and commercial vehicles and maintains a safe and efficient level of highway services;

(iii) protects private property rights, including assurances that the private property rights of a person who owns land adjacent to or visible from the road are not in any way diminished by the road being designated a scenic-historic byway or are accommodated through mutually agreeable compensation;

(iv) precludes the locality having adopted the corridor management plan from establishing goals or commitments outside the locality's jurisdiction; and

(v) has accommodated all jurisdictions affected or to be affected by the designation of a road as a scenic-historic byway; and

(f) procedures to ensure that localities choosing to participate in the scenic-historic byways program:

(i) may exclude from designation any segment of a highway that is inconsistent with the state's criteria for designating scenic-historic byways. Within an excluded segment, a locality may allow off-premises advertising in the form of billboards or painted signs, subject to applicable federal, state, or local laws.

(ii) may use signage recognized as exceptions or as information signs in all areas along a designated route, provided that the signage complies with 23 U.S.C. 131, Title 60, chapter 5, part 5, Title 75, chapter 15, part 1, and all applicable state or locally adopted rules, requirements, and restrictions.
Mont. Code Ann. § 60-2-301 — MT Code / Title 60 / Chapter 2 / Part 3 / Section 60-2-301
60-2-301 Ports of entry and checking stations authorized
Status: in_force

60-2-301 . Ports of entry and checking stations authorized. To augment and help make more efficient and effective the enforcement of certain laws of the state, the department shall establish temporary or permanent ports of entry or checking stations upon highways in the state at places which the department considers necessary and advisable.
Mont. Code Ann. § 60-2-207 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-207
60-2-207 Agreements concerning analysis of effects of weight on highways
Status: in_force

60-2-207 . Agreements concerning analysis of effects of weight on highways. (1) The department may contract with the United States or any state or group of states or agencies thereof or any nonprofit association, on a joint or cooperative basis, to study, analyze, or test the effects of weights on highways. Studies or tests shall seek solutions to the problems connected with the imposition of motor vehicle weights on highways.

(2) Studies or tests may be made either by designating existing highways or by constructing test strips, including natural resource roads.
Mont. Code Ann. § 60-1-238 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-238
60-1-238 Terry Spotted Wolf, Sr. memorial highway
Status: in_force

60-1-238 . Terry Spotted Wolf, Sr. memorial highway. (1) There is established the Terry Spotted Wolf, Sr. memorial highway on the existing U.S. highway 212 from mile marker 26 to mile marker 27.

(2) The department shall design and install appropriate signs marking the location of the Terry Spotted Wolf, Sr. memorial highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Terry Spotted Wolf, Sr. memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-137 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-137
60-2-137 Design-build contracting process -- submission of proposals -- department's duties
Status: in_force

60-2-137 . Design-build contracting process -- submission of proposals -- department's duties. (1) Once the commission, acting on a recommendation of the department, has identified a project for which the design-build contracting process will be used and the commission has approved selection criteria proposed by the department, the department shall prepare and advertise a request for qualifications.

(2) From the responders to the request for qualifications, the department shall prepare a short list of the responders that it believes are most qualified, not to exceed five responders on any single project.

(3) (a) The department shall announce the short list and issue a request for proposals to each of the prospective design-build contractors on the short list, who may then submit a technical and price proposal to the department.

(b) A technical and price proposal submitted in response to a request for proposals must contain detailed descriptions of the prospective design-build contractor's approach to designing, constructing, and managing the project in accordance with the design-build criteria package. The technical and price proposal must also include the prospective design-build contractor's conceptual design and construction sequence and schedule and the lump-sum price to complete the project.

(4) The department shall evaluate the technical and price proposals and make a written recommendation to the commission regarding the department's selection of the design-build contractor to be awarded the contract.

(5) The prospective design-build contractors who appeared on the department's short list but are not awarded the contract may be paid a stipend, in an amount determined by the commission, for costs incurred in submitting the response to the department's request for proposals.
Mont. Code Ann. § 60-7-202 — MT Code / Title 60 / Chapter 7 / Part 2 / Section 60-7-202
60-7-202 Exclusions
Status: in_force

60-7-202 . Exclusions. Section 60-7-201 does not apply to the following:

(1) livestock on state highways under the charge of one or more herders;

(2) the parts of fenced highways adjacent to open range where a highway device has not been installed to exclude range livestock;

(3) the parts of a state highway or a part of the federal-aid primary system that the department of transportation designates as being impracticable to exclude livestock. These portions of the highway must be marked by proper signs in accordance with the department's manual and specifications for a uniform system of traffic control devices.

(4) the parts of the secondary highway system that pass through county parks and that meet the criteria established in 60-7-103 (3).
Mont. Code Ann. § 60-2-311 — MT Code / Title 60 / Chapter 2 / Part 3 / Section 60-2-311
60-2-311 Interstate agreements for tax and fee collection and port operation
Status: in_force

60-2-311 . Interstate agreements for tax and fee collection and port operation. The department may negotiate and enter into a bilateral agreement with an official of an adjoining state or province to provide for the collection by either party state or province of highway user fees, registration fees, permit fees, fuel taxes, or any other fees and taxes that may be prescribed by law or rule. An agreement may further provide for the construction and joint operation of ports of entry along state borders.
Mont. Code Ann. § 60-1-211 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-211
60-1-211 Patrick G. Galvin memorial highway
Status: in_force

60-1-211 . Patrick G. Galvin memorial highway. (1) There is established the Patrick G. Galvin memorial highway composed of the existing Montana highway 3 from the boundary of the city of Great Falls to the intersection of Montana highway 3 and U.S. highway 89 at Armington.

(2) When existing road signs between Great Falls and the intersection of Montana highway 3 and U.S. highway 89 at Armington need replacement, the department shall erect road signs reflecting the memorial designation in subsection (1).

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated or replaced.
Mont. Code Ann. § 60-2-133 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-133
60-2-133 U.S. highway 2 -- planning
Status: in_force

60-2-133 . U.S. highway 2 -- planning. The commission may direct the department to construct a four-lane highway generally along the present route of U.S. highway 2 from the North Dakota border to the Idaho border in order to increase tourism and to bring economic development to Montana. Planning for the U.S. highway 2 project may be included in any future fiscal plan developed by the department.
Mont. Code Ann. § 60-2-601 — MT Code / Title 60 / Chapter 2 / Part 6 / Section 60-2-601
60-2-601 Scenic-historic byways program -- expenditure of funds
Status: in_force

60-2-601 . Scenic-historic byways program -- expenditure of funds. (1) There is a scenic-historic byways program. The commission may designate roads to be included as part of the program and may add or delete roads from the program. The commission may not designate a road as a scenic-historic byway without the concurrence of the affected local governments and the agencies responsible for maintenance and operation of the road. A road or right-of-way across federal land that was granted by 43 U.S.C. 932 and recognized by 43 U.S.C. 1701 may be considered for inclusion in the program.

(2) The department, on the direction of the commission, may expend any funds appropriated for or otherwise available to the scenic-historic byways program.
Mont. Code Ann. § 60-4-402 — MT Code / Title 60 / Chapter 4 / Part 4 / Section 60-4-402
60-4-402 Occupancy and relocation of utility facilities -- rules
Status: in_force

60-4-402 . Occupancy and relocation of utility facilities -- rules. (1) The department shall adopt reasonable rules governing right-of-way occupancy by a utility for the following:

(a) installation, construction, maintenance, repair, or system upgrade of all utilities on commission-designated highway systems or state highways;

(b) except as provided in 60-4-403 , reimbursement to a utility for the costs of installation, construction, maintenance, repair, renewal, or relocation of facilities; and

(c) issuance of an occupancy permit or, in the case of a facility not within the scope of Title 60, chapter 4, part 4, an encroachment permit.

(2) The rules must provide for right-of-way occupancy and relocation of publicly owned water and sewer facilities. The rules must ensure that the nonhighway use of the right-of-way does not affect the department's ability to maintain and operate the highway in a safe manner.

(3) The permitting provisions of this section do not apply to existing utility facilities or existing facilities not within the scope of Title 60, chapter 4, part 4, lawfully occupying the highway right-of-way on October 1, 2019.
Mont. Code Ann. § 60-2-241 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-241
60-2-241 Prohibited materials
Status: in_force

60-2-241 . Prohibited materials. Neither the department nor any agency of state or local government may use mineral slag in road sanding or snow removal within one-fourth mile of lakes and within 100 yards of streambeds.
Mont. Code Ann. § 60-1-244 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-244
60-1-244 Jim Loud Thunder Gopher memorial highway
Status: in_force

60-1-244 . Jim Loud Thunder Gopher memorial highway. (1) There is established the Jim Loud Thunder Gopher memorial highway on the existing northwest bypass and Vaughn road in Great Falls from 14th street northwest to 27th street northwest.

(2) The department shall design and install appropriate signs marking the location of the Jim Loud Thunder Gopher memorial highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Jim Loud Thunder Gopher memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-102 — MT Code / Title 60 / Chapter 1 / Part 1 / Section 60-1-102
60-1-102 Legislative policy and intent
Status: in_force

60-1-102 . Legislative policy and intent. Consistent with the determinations and declarations provided in 60-1-101 , the legislature intends:

(1) to place a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, and protect the highway facilities of this state for present as well as for future use;

(2) to make the department of transportation custodian of the commission-designated highway systems and state highways and to impose similar responsibilities upon the boards of county commissioners with respect to county roads and upon municipal officials with respect to the streets under their jurisdiction;

(3) that the state have integrated systems of highways, roads, and streets and that the department of transportation, the counties, and municipalities assist and cooperate with each other to that end;

(4) to provide sufficiently broad authority to enable the highway officials at all levels of government to function adequately and efficiently in all areas of their respective responsibilities, subject to the limitations of the constitution and the legislative mandate imposed.
Mont. Code Ann. § 60-2-220 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-220
60-2-220 Cultural heritage areas -- signs -- location and design -- funding
Status: in_force

60-2-220 . Cultural heritage areas -- signs -- location and design -- funding. (1) Cultural heritage areas are established:

(a) encompassing Silver Bow County and Deer Lodge County;

(b) encompassing Miles City.

(2) Subject to the provisions of federal law, the department shall, as funds are available under subsection (4), erect and maintain at specified locations on the primary and interstate highways in the appropriate areas signs identifying those areas as cultural heritage areas.

(3) The consolidated governments of Butte-Silver Bow and Anaconda-Deer Lodge and the city of Miles City shall design the signs and designate the general locations for the signs. The department shall determine the exact location of each sign.

(4) The department may accept money from other state agencies, federal agencies, local governments, or private persons for the purposes of subsections (2) and (3) and may expend the money received for those purposes.
Mont. Code Ann. § 60-11-123 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-123
60-11-123 Disposition of revenue from state-owned railroads -- use of money
Status: in_force

60-11-123 . Disposition of revenue from state-owned railroads -- use of money. (1) Unless otherwise required by law, revenue from the lease or sale of assets of or revenue paid to the state of Montana by an operator of a railroad owned by the state of Montana must be deposited in the state general fund.

(2) The department of transportation is authorized to administer, as provided in 60-11-120 through 60-11-123 , funding available to provide for improvement of railroad tracks and associated facilities of any state-owned railroad in Montana and to provide loans and grants to railroad lines and intermodal transportation facilities as provided in 60-11-120 .
Mont. Code Ann. § 60-11-118 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-118
60-11-118 Revenue bond debt service account -- deposit of bond proceeds
Status: in_force

60-11-118 . Revenue bond debt service account -- deposit of bond proceeds. (1) There is in the debt service fund an essential freight rail revenue bond debt service account. The state treasurer shall deposit revenue as may be pledged to the payment of particular bonds to the credit of the essential freight rail revenue bond debt service account as required by resolution or indenture.

(2) All proceeds of an issue of bonds must be deposited in a separate account in the state special revenue fund, except that any premiums and accrued interest received may be deposited in a separate account in the debt service fund established for that bond issue by resolution or indenture. No more than the principal and interest on the bonds due in any year may be retained in the essential freight rail revenue bond debt service account for the payment of bonds. The remainder of pledged revenue is available for authorized purposes of the department. Money deposited in the separate accounts in the state special revenue fund until spent for project purposes may be pledged and appropriated for the payment of bonds, which are a first lien and prior charge upon the funds, and the funds may be used for payment of bonds to the extent that revenue deposited in the essential freight rail revenue bond debt service account are not sufficient for those purposes.

(3) Interest and investment earnings on the separate accounts in subsections (1) and (2) must be retained in the separate accounts referred to in subsection (2).
Mont. Code Ann. § 60-5-109 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-109
60-5-109 Marking of controlled-access highway or facility with signs
Status: in_force

60-5-109 . Marking of controlled-access highway or facility with signs. Any controlled-access highway or facility and portions thereof shall be physically marked by signs indicating to drivers of vehicles the points at which they enter and leave a controlled-access area.
Mont. Code Ann. § 60-1-217 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-217
60-1-217 Highway patrol officer Michael W. Haynes memorial highway
Status: in_force

60-1-217 . Highway patrol officer Michael W. Haynes memorial highway. (1) There is established the highway patrol officer Michael W. Haynes memorial highway on the existing U.S. highway 93 from the intersection with Montana highway 82 to the southern boundary of the city of Kalispell.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated.
Mont. Code Ann. § 60-4-104 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-104
60-4-104 Exercise of right of eminent domain -- presumption
Status: in_force

60-4-104 . Exercise of right of eminent domain -- presumption. (1) Subject to subsections (4) and (5), whenever the department cannot acquire lands or other property or interests in the lands or property at a price or cost that it considers reasonable, it may direct the attorney general or any county attorney to procure the interests by proceedings to be instituted as provided in Title 70, chapter 30, against all nonaccepting landholders.

(2) The department may not direct the attorney general or any county attorney to procure the interests until it adopts an order declaring that:

(a) public interest and necessity require the construction or completion by the state of the highway or improvement for one of the purposes set forth in 60-4-103 ;

(b) the interest described in the order and sought to be condemned is necessary for the highway or improvement;

(c) the highway or improvement is planned and located in a manner that will be compatible with the greatest public good and the least private injury.

(3) The order creates and establishes a disputable presumption:

(a) of the public necessity of the proposed highway or improvement;

(b) that the taking of the interest sought is necessary for the project;

(c) that the proposed highway or improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.

(4) (a) Once the department has acquired at least three-fourths of all the parcels needed to construct a project that has been selected by the commission, it may use the procedures outlined in subsection (5) and this subsection (4) to acquire the remaining parcels required for the project.

(b) Not less than 30 days or more than 45 days after service of the summons and complaint provided for in 70-30-203 , the department shall deposit into an account and in the manner provided for in 70-30-302 the estimated fair market value of the property that is to be acquired and that is described in the complaint. Once the funds are deposited, the department may request, by motion filed with the court, an order to show cause why the property should not be placed in the possession of the department as requested in the complaint.

(5) (a) If the condemnee does not file an objection to the motion within 10 days, the court shall issue the preliminary condemnation order as provided in 70-30-206 and place the condemnor in possession of the property as provided in 70-30-311 .

(b) If the condemnee files an objection to the motion, the court shall schedule a hearing at which the condemnee shall appear and show cause why the property should not be placed in the possession of the department as requested in the complaint. The hearing must take place not less than 20 days or more than 30 days after the objection is filed. The court shall rule on the condemnor's motion as soon after the hearing as possible. However, the time between the hearing and the court's decision may not exceed 30 days.

(c) The motion shall include a notice specifying that the order sought is a final order on the issue of possession of the property described in the complaint.
Mont. Code Ann. § 60-6-101 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-101
60-6-101 Highway encroachments -- permit -- immediate removal
Status: in_force

60-6-101 . Highway encroachments -- permit -- immediate removal. (1) If a commission-designated highway system or state highway is encroached on by an obstruction, device, or object placed within the right-of-way limits, including a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or driveway approach, or is obstructed by physical occupancy of the right-of-way by a person, persons, or group of persons, the department of transportation:

(a) for a mailbox or newspaper delivery box, may issue an encroachment permit pursuant to subsection (3); and

(b) (i) for all other encroachments, may issue an encroachment permit pursuant to subsection (2); or

(ii) may give notice in writing to the person erecting or maintaining the encroachment requiring that it be removed.

(2) (a) Except as provided in 60-6-106 , a highway right-of-way encroachment may not be constructed, maintained, or occupied on a commission-designated highway system or state highway without a permit. An application for a permit must be made to the department on a form provided by the department. The department shall require reasonable information to be furnished, including site plan drawings or specifications for an object encroachment.

(b) The department shall adopt rules pertaining to the issuance of encroachment permits and the removal of encroachments.

(3) (a) The department shall adopt rules pertaining to the accommodation of mailboxes and newspaper delivery boxes on public highway rights-of-way. The rules must ensure that the location and construction of mailboxes and newspaper delivery boxes conform to the rules and regulations of the U.S. postal service.

(b) The department may issue an encroachment permit for a completed permit application for a mailbox or newspaper delivery box.

(c) The department may not charge a fee for an encroachment permit for a mailbox or newspaper delivery box.

(4) If an encroachment obstructs or prevents the use of the highway for vehicles, the department may immediately remove the encroachment without the notice required by 60-6-102 .

(5) Utility facilities lawfully occupying a highway right-of-way on October 1, 2019, or under an occupancy or encroachment permit issued by the department pursuant to 60-4-402 (1)(c) are not encroachments within the meaning of this part.
Mont. Code Ann. § 60-2-110 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-110
60-2-110 Setting priorities and selecting projects
Status: in_force

60-2-110 . Setting priorities and selecting projects. (1) Except as provided in 60-2-133 , the commission shall establish priorities and select and designate segments for construction and reconstruction on the national highway system, the primary highway system, the secondary highway system, the urban highway system, and state highways.

(2) The commission shall consult with the board of county commissioners of the county in which a highway is located when establishing priorities and when selecting and designating segments on the secondary highway system for construction and reconstruction.

(3) The commission shall consult with the appropriate local government authorities when establishing priorities and selecting and designating segments on the urban highway system for construction and reconstruction.

(4) The commission shall use information gathered or discovered by and documents prepared by the department, and department officials and employees shall provide assistance and advice.

(5) The commission shall establish and determine priorities and projects for rail and transit programs and, to the extent possible, coordinate intermodal transportation within the state.

(6) In carrying out the requirements of this section, the department shall:

(a) make recommendations to the commission;

(b) establish the requirements and procedures for administering this section; and

(c) take all reasonable steps to ensure the integrity and viability of agricultural and rural transportation and related needs.
Mont. Code Ann. § 60-1-101 — MT Code / Title 60 / Chapter 1 / Part 1 / Section 60-1-101
60-1-101 Legislative findings
Status: in_force

60-1-101 . Legislative findings. The legislature recognizes that safe and efficient highway transportation is of important interest to all of the people of the state and declares that:

(1) inadequate highways, roads, and streets obstruct the free flow of traffic, increase costs of motor vehicle operation, endanger the health and safety of the citizens of the state, depreciate property values, and impede generally the economic progress of the state;

(2) the problems of establishing and maintaining adequate highways, roads, and streets, eliminating congestion, reducing accident frequency, providing parking facilities, and taking all necessary steps to insure safe and convenient transportation are urgent;

(3) adequate and integrated systems of highways, roads, and streets are essential to the general welfare of the state;

(4) providing adequate highway facilities is a proper public use and purpose, and this title is necessary for the preservation of the public peace, health, and safety, for the promotion of the general welfare, and as a contribution to the national defense.
Mont. Code Ann. § 60-4-106 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-106
60-4-106 Power to acquire for future
Status: in_force

60-4-106 . Power to acquire for future. (1) The power conferred by this chapter to acquire interests in lands or other real property includes power to acquire for reasonably foreseeable future needs.

(2) The department may lease unused portions of lands or other real property which are held for highway purposes and interstate highway rights-of-way which are not presently needed for highway purposes on the terms and conditions which it decides. The department may repair, maintain, and care for the property in order to secure rent from it.

(3) All rent received shall be deposited to the credit of the department.
Mont. Code Ann. § 60-11-121 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-121
60-11-121 Legislative findings
Status: in_force

60-11-121 . Legislative findings. (1) The legislature finds that it is in the interests of the state of Montana to preserve and encourage, whenever possible, Montana's railroad transportation infrastructure, especially:

(a) those railroads classified as Class III carriers under 49 CFR, chapter X, that operate mainly within the state; and

(b) those railroads within the state that are eligible for rail freight assistance programs under 49 U.S.C. 1654.

(2) The legislature further finds that:

(a) the railroad transportation infrastructure of the state is enhanced by the development and improvement of intermodal transportation facilities by port authorities created under Title 7, chapter 14, part 11; and

(b) abandonment of railroad branch lines and the increased demands for shipping have a negative impact on the highways of the state.

(3) The legislature further finds that the preservation of those railroads described in subsection (1)(b) and the development and improvement of intermodal transportation facilities are necessary to enhance access to markets, to mitigate rural isolation and long-term negative impacts on the highways of the state, and to promote the efficiency and effectiveness of the state's transportation system.

(4) The legislature declares that loans and grants made available under 60-11-120 to railroads and to port authorities are in the interest of the state.
Mont. Code Ann. § 60-2-222 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-222
60-2-222 Terminated
Status: in_force

60-2-222 . Terminated. Sec. 6, Ch. 667, L. 1989.
Mont. Code Ann. § 60-1-104 — MT Code / Title 60 / Chapter 1 / Part 1 / Section 60-1-104
60-1-104 Good Roads Day
Status: in_force

60-1-104 . Good Roads Day. The third Tuesday in June is hereby designated "Good Roads Day". The governor may annually by public proclamation request the people of the state to contribute toward the improvement and safety of public highways.
Mont. Code Ann. § 60-3-303 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-303
60-3-303 Shared-use paths to be established -- funding
Status: in_force

60-3-303 . Shared-use paths to be established -- funding. (1) (a) Subject to the provisions of subsection (1)(b), the commission or the department or a county or city, with funds received from the commission or the department, may construct or extend a shared-use path:

(i) wherever a highway, road, or street is being constructed, reconstructed, or relocated;

(ii) at any time along a highway, road, or street under state jurisdiction; or

(iii) if the construction enhances traffic safety and convenience.

(b) Funds allocated by the department pursuant to 60-3-309 may be used for the purposes described in subsection (1)(a) of this section only as provided in 60-3-309 (3).

(2) A shared-use path may not be established under subsection (1):

(a) if the cost of establishing the path is excessively disproportionate to the need or probable use; or

(b) if sparsity of population, other available ways, or other factors indicate an absence of any need for the path.

(3) The commission shall let to contract in any period of 5 consecutive fiscal years not less than an average of $200,000 each year to construct or extend shared-use paths. The department shall establish accounting procedures to document compliance with this subsection.
Mont. Code Ann. § 60-1-208 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-208
60-1-208 Montana highway 3
Status: in_force

60-1-208 . Montana highway 3. (1) The portion of Montana highway 3 and U.S. highway 12 from Billings to Harlowton via Lavina, proceeding north on U.S. highway 191 to U.S. highway 87, northwest along U.S. highway 87 to Montana highway 200, continuing along Montana highway 200 through the intersection with U.S. highway 89, and along U.S. highway 87/89 to Great Falls is designated as Montana highway 3.

(2) The department shall erect and maintain signs designating Montana highway 3 along the route established in subsection (1) and shall accomplish the signing changes required in this section in accordance with the department's normal sign maintenance and replacement schedule.
Mont. Code Ann. § 60-2-210 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-210
60-2-210 Payment of construction and maintenance costs within municipalities
Status: in_force

60-2-210 . Payment of construction and maintenance costs within municipalities. The department, either solely or in conjunction with a city, county, or consolidated local government, shall pay the costs of construction of streets, curbs, gutters, and sidewalks and maintenance of streets, highways, curbs, and gutters that are:

(1) state highway routes; and

(2) within incorporated municipalities.
Mont. Code Ann. § 60-5-107 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-107
60-5-107 Existing roads and streets as service roads
Status: in_force

60-5-107 . Existing roads and streets as service roads. (1) In connection with the development of any controlled-access highway or facility, each highway authority may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets. Each authority may designate as local service roads and streets any existing road or street.

(2) Service roads and streets shall be of appropriate design. They shall be separated from the controlled-access highway or facility by means of all devices determined to be necessary to carry out the provisions of this chapter.

(3) Each authority shall exercise jurisdiction over service roads and streets in the same manner as is authorized over controlled-access highways or facilities.
Mont. Code Ann. § 60-1-231 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-231
60-1-231 Brent Witham memorial highway
Status: in_force

60-1-231 . Brent Witham memorial highway. (1) There is established the Brent Witham memorial highway on the existing U.S. highway 12 between mile 20 and mile 32.

(2) The department shall design and install appropriate signs marking the location of the Brent Witham memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Brent Witham memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-242 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-242
60-1-242 Staff Sergeant Arthur J Rambo memorial bridge
Status: in_force

60-1-242 . Staff Sergeant Arthur J Rambo memorial bridge. (1) The bridge spanning the Kootenai River in Libby, Montana, on highway 37 is dedicated to Staff Sergeant Arthur J Rambo.

(2) The department shall design and install appropriate signs on each end of the bridge marking the Staff Sergeant Arthur J Rambo memorial.

(3) The department shall design and install a memorial plaque at a location near the bridge.
Mont. Code Ann. § 60-1-243 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-243
60-1-243 Laverne Parrish memorial highway
Status: in_force

60-1-243 . Laverne Parrish memorial highway. There is established the Laverne Parrish memorial highway on the existing state highway 93 from mile marker 48 to mile marker 51.

(2) The department shall design and install appropriate signs marking the location of the Laverne Parrish memorial highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Laverne Parrish memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-4-110 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-110
60-4-110 Highway crossing railroad, canal, or ditch
Status: in_force

60-4-110 . Highway crossing railroad, canal, or ditch. (1) Whenever any commission-designated highway system or state highway is laid out on public lands across any railroad, canal, or ditch, the owners or users thereof must, at their expense, prepare the railroad, canal, or ditch so that the highway may cross it without damage or delay.

(2) When the right to cross is obtained through the judgment of any court, no damages may be awarded.
Mont. Code Ann. § 60-4-105 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-105
60-4-105 Acquisition of whole parcel -- sale of excess
Status: in_force

60-4-105 . Acquisition of whole parcel -- sale of excess. (1) Whenever any interest in a part of a parcel of land or other real property is to be acquired for highway purposes leaving the remainder in a shape or condition as to be of little market value or to give rise to claims or litigation over severance or other damage, the department may acquire the whole parcel. It may sell or exchange the remainder for other property needed for highway purposes.

(2) Whenever a part of a parcel of land acquired for highway purposes is in a shape or size as to come within the Montana Subdivision and Platting Act, the department shall prepare and file the required plat in the office of the county clerk and recorder.
Mont. Code Ann. § 60-6-105 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-105
60-6-105 Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal
Status: in_force

60-6-105 . Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal. (1) If an unpermitted encroachment affixed to the land is not removed by the person who erected or maintains the encroachment within 5 days after receiving notice as provided for in 60-6-102 , the department may begin action under 60-6-104 to remove it at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.

(2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102 .
Mont. Code Ann. § 60-4-102 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-102
60-4-102 General power of department to acquire interests in property
Status: in_force

60-4-102 . General power of department to acquire interests in property. Notwithstanding any other provision of law, the department of transportation may acquire by purchase or other lawful manner lands or other real property, excluding oil, gas, and mineral rights, that it considers reasonably necessary for present or future highway purposes. The department may acquire a fee simple or lesser estate or interest. The provisions of 70-30-104 (2) do not apply to the acquisition of a fee simple interest under this section.
Mont. Code Ann. § 60-11-202 — MT Code / Title 60 / Chapter 11 / Part 2 / Section 60-11-202
60-11-202 Southern amtrak route account
Status: in_force

60-11-202 . Southern amtrak route account. (1) There is a southern amtrak route account in the state special revenue fund. Money deposited in the account must be used for an engineering and operating study by amtrak of a rail passenger route across southern Montana. The department of transportation shall administer the account.

(2) The department may accept gifts, grants, or donations for the engineering and operating study.
Mont. Code Ann. § 60-2-246 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-246
60-2-246 Platooning -- study -- rulemaking
Status: in_force

60-2-246 . Platooning -- study -- rulemaking. (1) The department of transportation shall complete a feasibility study to determine whether platooning can be safely conducted in Montana. The study must include consideration of Montana's various terrain, weather extremes, effectiveness of supporting communication networks, and any other considerations applicable to the safety of the motoring public.

(2) If, upon completion and analysis of the study required in subsection (1), the department determines that platooning can be safely conducted, it shall adopt rules and standards for platooning. Prior to proposing rules on platooning, the department shall engage stakeholders, such as members of the transportation interim committee, representatives of law enforcement agencies, the trucking industry, platooning technology developers, ranchers, drivers, pedestrians, tribal governments, and local governments.

(3) Platooning may be allowed following the implementation of department rules and standards.

(4) For the purposes of this section, "platooning" means operating partially or fully autonomous motor vehicles that are trailers, trucks, or truck tractors, as defined in 61-1-101 , to travel on a highway at electronically coordinated speeds in a unified manner at a following distance that is closer than would be reasonable and prudent without the use of the technology.
Mont. Code Ann. § 60-5-530 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-530
60-5-530 Antilittering signs
Status: in_force

60-5-530 . Antilittering signs. (1) (a) There is an antilittering sign special revenue account within the state special revenue fund established in 17-2-102 .

(b) There must be paid into the account money received from donations for the making and installation of antilittering signs.

(c) Money in the account is statutorily appropriated, as provided in 17-7-502 , to the department of transportation and may only be used for the design, making, installation, and maintenance of antilittering signs.

(2) The department shall:

(a) design a highway sign conveying in words or images an antilittering message;

(b) make known to the public the cost of making and installing antilittering signs, the method for donating money for antilittering signs, and a method for designating preferred locations for sign installation;

(c) make and install antilittering signs at appropriate locations on the public highways of the state. Only donated money may be used for this subsection (2)(c).

(3) The department may adopt rules to implement this section.
Mont. Code Ann. § 60-2-206 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-206
60-2-206 Compilation of statistics -- investigation -- consultation
Status: in_force

60-2-206 . Compilation of statistics -- investigation -- consultation. (1) The department shall compile statistics regarding public highways throughout the state and collect all related information deemed expedient.

(2) It shall investigate various methods of construction adapted to different sections of the state and decide the best methods of construction and maintenance of highways, bridges, and road markers.

(3) The department may be consulted at all reasonable times by county officers having care and authority over highways and bridges and shall advise them on construction, repair, alteration, or maintenance.

(4) The department shall furnish such information and advice as may be requested by persons interested in the construction, maintenance, and marking of public highways. It shall at all times lend its aid in promoting highway improvement throughout the state.
Mont. Code Ann. § 60-11-113 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-113
60-11-113 Short title
Status: in_force

60-11-113 . Short title. Sections 60-11-113 through 60-11-116 may be cited as the "Montana Essential Freight Rail Act".
Mont. Code Ann. § 60-1-233 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-233
60-1-233 Jeannette Rankin memorial highway
Status: in_force

60-1-233 . Jeannette Rankin memorial highway. (1) There is established the Jeannette Rankin memorial highway on existing interstate 90 from mile marker 101 to mile marker 106.

(2) The department shall design and install appropriate signs marking the location of the Jeannette Rankin memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Jeannette Rankin memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-127 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-127
60-2-127 Allocation of funds for projects
Status: in_force

60-2-127 . Allocation of funds for projects. (1) Each year, out of federal-aid highway funds available for construction purposes, the commission shall allocate a portion of the funds for projects located on:

(a) the national highway system;

(b) the primary highway system;

(c) the secondary highway system;

(d) the urban highway system; and

(e) state highways.

(2) In making allocations under subsection (1), the commission shall comply with all applicable provisions relating to the use of federal-aid highway funds contained in Title 23, U.S.C.

(3) Notwithstanding the allocations made available to the secondary and urban highway systems in subsection (1), the commission may, with the concurrence of the appropriate local officials, authorize the use of federal-aid highway funds allocated under subsections (1)(c) and (1)(d) for any project eligible under 23 U.S.C. 133(b) relative to the surface transportation program.

(4) The commission may enter into an agreement with a city, county, or consolidated city-county government, under terms and conditions that the commission determines necessary, to allow the city, county, or consolidated city-county government recipient of urban funds apportioned under 60-3-211 to dedicate all or a portion of the urban fund apportionment to the retirement of the bonds authorized by 7-7-110 .
Mont. Code Ann. § 60-4-214 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-214
60-4-214 Definitions
Status: in_force

60-4-214 . Definitions. As used in 60-4-213 through 60-4-218 , unless the context requires otherwise, the following definitions apply:

(1) "Abandoned interest" means the fee simple or lesser interest in the subject property after the right-of-way abandonment has been ordered by the commission.

(2) "Contiguous property" means subdivided parcels along one side of the length of the remainder.

(3) "Remainder" means the area lying between the centerline and the new right-of-way line as determined by the department, in its sole discretion, as necessary for the reconstruction and maintenance of a road or highway.

(4) "Subject property" means that portion of highway right-of-way for which right-of-way abandonment is sought.
Mont. Code Ann. § 60-1-225 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-225
60-1-225 David Thatcher memorial highway
Status: in_force

60-1-225 . David Thatcher memorial highway. (1) There is established the David Thatcher memorial highway on existing state highway 419 from state highway 419's intersection with state highway 78 to state highway 419's junction with Stillwater road.

(2) The department shall design and install appropriate signs marking the location of the David Thatcher memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the David Thatcher memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-220 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-220
60-1-220 Patrick A. Pyette memorial highway
Status: in_force

60-1-220 . Patrick A. Pyette memorial highway. (1) There is established the Patrick A. Pyette memorial highway on the existing U.S. highway 2 from the eastern boundary of the city of Chinook to the community of Zurich.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated.
Mont. Code Ann. § 60-4-213 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-213
60-4-213 Purpose
Status: in_force

60-4-213 . Purpose. The purpose of 60-4-213 through 60-4-218 is to provide for the disposal of an interest in real property that the department has determined is not necessary to the laying out, altering, construction, improvement, or maintenance of a road or highway by right-of-way abandonment.
Mont. Code Ann. § 60-3-207 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-207
60-3-207 Secondary highway information
Status: in_force

60-3-207 . Secondary highway information. On or before November 30 of each year, the department shall inform each board of county commissioners of:

(1) the total amount of secondary highway funds and the amount apportioned to each financial district;

(2) the location of proposed secondary highway projects, when the information is available;

(3) any other matters regarding secondary highway construction which the department considers advisable and of interest to the counties.
Mont. Code Ann. § 60-6-201 — MT Code / Title 60 / Chapter 6 / Part 2 / Section 60-6-201
60-6-201 Definitions
Status: reserved

60-6-201 . Definitions. As used in this part, the following definitions apply:

(1) "Camping" means the use of outdoor property for the purpose of habitation, including sleeping, sitting, or lying.

(2) "Campsite" means an area being used for camping that may contain but is not limited to tents, huts, temporary shelters, tarps, cots, sleeping bags, mattresses, hammocks, cooking equipment, or any other personal property.

(3) "Overnight camping" means camping or maintaining any form of campsite between dusk and dawn.

(4) "State highway right-of-way" means the entire width of land acquired, dedicated, or reserved for public road purposes, including but not limited to a roadway, shoulder, median, ditch, embankment, retaining wall, culvert, sluice, bridge, tunnel, or an adjacent public space maintained by the department.

(5) "Storage" means the act of leaving personal property unattended for any period of time.
Mont. Code Ann. § 60-11-201 — MT Code / Title 60 / Chapter 11 / Part 2 / Section 60-11-201
60-11-201 Agreements for rail passenger service application
Status: in_force

60-11-201 . Agreements for rail passenger service application. The governor or the governor's authorized representative may negotiate with the proper authority representing any other state to establish an agreement to enable Montana, in concert with other states, to submit an application to the rail passenger corporation for institution of rail passenger service under the provisions of the Rail Passenger Service Act, 45 U.S.C. 563(b), or any interstate or federal proposal for the purpose of maintaining or augmenting rail passenger service in the state. The governor may not participate in the submission of an application until the base agreement and any application have been approved by the legislature. However, the governor or the governor's authorized representative may enter into agreements to expand Amtrak rail passenger service under 45 U.S.C. 563(b), as that statute reads on July 1, 1985, subject to appropriation by the legislature.
Mont. Code Ann. § 60-5-522 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-522
60-5-522 Business eligibility -- criteria -- restrictions
Status: in_force

60-5-522 . Business eligibility -- criteria -- restrictions. (1) To be eligible for business identification on a tourist-oriented directional sign, a business establishment shall meet the following standards for a business, service, or activity:

(a) Gas, food, lodging, and camping services must:

(i) be licensed and approved by the state and local agencies regulating the particular type of business;

(ii) provide an acceptable level of service to the public;

(iii) be in continuous operation at least 8 hours a day, 5 days a week, including Saturday or Sunday; and

(iv) have a telephone and restroom facilities available for public use.

(b) Recreation services must:

(i) be licensed and approved by state and local agencies as required by law;

(ii) provide to families and the public activities of interest in which people participate for purposes of physical exercise, collective amusement, or enjoyment of nature. Such activities may include hiking, golfing, skiing, boating, swimming, picnicking, fishing, and horseback riding.

(c) Tourist services must:

(i) be licensed as required by law;

(ii) be open to the public at least 8 hours a day, 5 days a week, including Saturday or Sunday, during the normal tourist season; and

(iii) provide a natural, recreational, historical, cultural, educational, or entertainment activity or a unique or unusual commercial or nonprofit activity, from which the major portion of income or visitors is derived during normal business seasons from motorists not residing in the immediate area of the activity.

(2) Priority under subsection (1)(a) must be given to businesses that are in continuous operation for 12 months a year.

(3) (a) Each business identified on a tourist-oriented directional sign shall provide assurance of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, as defined in 1-1-201 , culture, social origin or condition, or political or religious ideas.

(b) If a business violates any of these laws, it loses eligibility for business identification on a tourist-oriented directional sign.

(4) A business that owns any outdoor advertising structure in violation of the provisions of Title 75, chapter 15, part 1, may not be eligible for business identification on a tourist-oriented directional sign for 1 year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notification under 75-15-131 .
Mont. Code Ann. § 60-4-202 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-202
60-4-202 Sale of interest in real property
Status: in_force

60-4-202 . Sale of interest in real property. (1) The department may sell unnecessary highway property. Except as provided in 60-4-213 through 60-4-218 and subsection (2) of this section, if the interest is reasonably of a value in excess of $10,000, sale must be made to the highest bidder at public auction. The sale of an interest at auction must be conducted as provided in 60-4-203 .

(2) (a) The department may sell an interest in real property without a public auction directly to:

(i) a federal, state, tribal, or local government;

(ii) an agency of government;

(iii) a school district; or

(iv) a unit of the Montana university system.

(b) The department shall obtain fair market value for the property.

(3) Before the department sells unnecessary highway property as provided in subsection (2), the department shall notify all landowners whose property is adjacent to the land proposed for sale. If any of the landowners are interested in buying the land proposed for sale, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of sale from the department. Upon receipt of a notice of interest, the department shall offer the land for sale as provided in 60-4-203 and this section.
Mont. Code Ann. § 60-6-104 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-104
60-6-104 Unpermitted encroachment -- department action
Status: in_force

60-6-104 . Unpermitted encroachment -- department action. Except as provided in 60-6-106 , if an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining the encroachment fails to remove it after receiving notice pursuant to 60-6-102 , the department shall commence appropriate legal action to have the encroachment removed. If the department recovers a judgment, it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department may remove it at the expense of the person who causes, owns, or controls it.
Mont. Code Ann. § 60-2-240 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-240
60-2-240 Use of postconsumer recycled materials in highway construction projects -- definition
Status: in_force

60-2-240 . Use of postconsumer recycled materials in highway construction projects -- definition. (1) The department shall use postconsumer recycled material in federal and state highway construction projects, including but not limited to use as:

(a) roadway fill material;

(b) roadway aggregates;

(c) bedding material;

(d) foundation material; and

(e) filter material.

(2) The department shall take procedural steps to provide for the incorporation of postconsumer recycled material into a highway project to ensure that:

(a) road construction projects use postconsumer recycled material when the cost is less than or equal to the cost of other materials used for the same purpose; and

(b) engineering standards demonstrate the acceptable use of postconsumer recycled material for a project.

(3) As used in this section, "postconsumer recycled material" means recycled glass processed into glass cullet, reclaimed asphalt and concrete, and recycled tires.
Mont. Code Ann. § 60-2-211 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-211
60-2-211 Bypassing of municipalities -- consent of municipal governing body
Status: in_force

60-2-211 . Bypassing of municipalities -- consent of municipal governing body. (1) The department may not construct highway bypasses or highway relocation projects without prior consent of the governing body of an incorporated municipality when the bypasses or projects:

(a) are not part of the national system of interstate highways built under the National Defense Highway Act; and

(b) divert motor vehicles from an existing highway route through a municipality incorporated prior to January 1, 1965.

(2) The department shall notify the governing body of the municipality by certified mail that it proposes to bypass the municipality. A contract may not be let or work commenced until the governing body notifies the department of its consent or until the elapse of 60 days after the notice has been sent by the department to the municipality, whichever first occurs. The failure of the municipality to act and notify the department of its action within the 60-day period is implied consent to the bypass.

(3) Actual consent or refusal to bypass shall be in the form of a resolution duly adopted by a majority of the members of the governing body of the municipality.

(4) The governing body may not withdraw consent once the department has been notified of the consent.
Mont. Code Ann. § 60-2-141 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-141
60-2-141 Use of Montana-made wooden materials in highway and road projects
Status: in_force

60-2-141 . Use of Montana-made wooden materials in highway and road projects. Unless prohibited by federal law, all contracts let by the commission for the construction or reconstruction of the highways located on commission-designated highway systems and state highways, including portions in cities and towns and all contracts entered into under 7-14-4108 , must use Montana-made wooden guardrail posts, fenceposts, signposts, and decking when appropriate and when the cost of wooden materials is less than or equal to the cost of other materials.
Mont. Code Ann. § 60-2-116 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-116
60-2-116 Payment of contractors and subcontractors
Status: in_force

60-2-116 . Payment of contractors and subcontractors. Unless prohibited by federal law, payment under this part of a contractor or subcontractor for services performed by the contractor or subcontractor is governed by the provisions of Title 28, chapter 2, part 21.
Mont. Code Ann. § 60-1-236 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-236
60-1-236 Otto Fossen memorial highway
Status: in_force

60-1-236 . Otto Fossen memorial highway. (1) There is established the Otto Fossen memorial highway on the existing U.S. highway 2 from mile marker 329 to the Hill County line.

(2) The department shall design and install appropriate signs marking the location of the Otto Fossen memorial highway, stating his name, title, and the date of his passing.

(3) Maps that identify roadways in Montana must be updated to include the location of the Otto Fossen memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-115 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-115
60-2-115 Contract let by commission -- time for final payment of contract price -- interest -- definitions
Status: in_force

60-2-115 . Contract let by commission -- time for final payment of contract price -- interest -- definitions. (1) Subject to subsections (2) through (4), the department shall comply with the 30-day time period for payment of contracts as provided in 18-2-306 for all contracts let by the commission in accordance with this part.

(2) For the final payment on a contract, the department shall, within 30 days after a request by the contractor for final acceptance, perform an inspection of the project and notify the contractor of whether the department has granted or refused final acceptance.

(3) If the department notifies the contractor that the department has granted final acceptance, the department shall make the final payment of the contract price specified in the contract to the other party to the contract within 90 days after the notice.

(4) (a) If the department notifies the contractor that the department has refused final acceptance, the department shall include with the notice a list of all deficiencies that must be cured before the department will grant final acceptance.

(b) After the contractor has cured all of the deficiencies, the contractor shall request final acceptance by the department. Within 30 days after the contractor's request, the department shall perform an inspection of all of the cured deficiencies.

(c) If the department notifies the contractor of its final acceptance, the department shall make the final payment as provided in subsection (3).

(d) If the department notifies the contractor that the department has refused final acceptance, the department shall:

(i) notify the contractor of any remaining deficiencies; and

(ii) grant final acceptance, subject to any remedy provided under the provisions of Title 28, chapter 2.

(5) When the department grants final acceptance, the department shall immediately consider the contract complete and close the contract.

(6) As used in this section, the following definitions apply:

(a) "Final acceptance" means the department's acceptance of the construction, maintenance, or public works project upon certification by the architect, project engineer, or other representative of the department of final completion of the project.

(b) "Final completion" means that the project has been completed in accordance with the terms and conditions of the contract documents and all warranties have expired.
Mont. Code Ann. § 60-3-308 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-308
60-3-308 Shared-use path project
Status: in_force

60-3-308 . Shared-use path project. The department of transportation shall, to the extent funds are available pursuant to 60-3-309 :

(1) establish a project for the maintenance and repair of shared-use paths described in this part and for educating users of shared-use paths;

(2) contract for services to produce, disseminate, and deliver safety information and programs to pedestrians and bicyclists. The contract must be with an entity that has a demonstrated ability to provide safety information on a statewide basis to pedestrians and bicyclists.

(3) consider adding signage along certain shared-use paths that designate walking pathways of at least 1,320 feet that may be referred to as "Take a Break - Take a Walk" pathways.
Mont. Code Ann. § 60-4-207 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-207
60-4-207 Conveyances -- execution and contents
Status: in_force

60-4-207 . Conveyances -- execution and contents. (1) Land or an interest in land sold by the department may be conveyed only when full payment has been made for it. Except as provided in subsection (2), land or an interest in land must be conveyed by a deed or patent of conveyance without covenants, stating that the deed or patent was issued under this chapter.

(2) (a) Land or an interest in land that has been constructed, altered, or otherwise used to satisfy wetland mitigation requirements of federal laws or regulations may be conveyed with a perpetual conservation easement that contains the wetland mitigation credit for the department.

(b) (i) The conservation easement must be held by a qualified easement holder defined, for the purpose of this part, as a private, nonprofit organization, a land trust, or a state or federal agency.

(ii) The terms of any agreement to access the wetland mitigation site may not be expanded without the consent of the landowner of the property to which the access agreement applies.

(3) The deed or patent must contain a reservation of easements for rights-of-way for the benefit of the United States and all other reservations to which the land conveyed may be subject.

(4) The deed or patent must be signed by the governor or, in case of the governor's absence or inability, the lieutenant governor. The signature must be attested by the secretary of state and have attached the great seal of the state. The signature need not be acknowledged.
Mont. Code Ann. § 60-1-224 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-224
60-1-224 Senator Conrad Burns memorial highway
Status: in_force

60-1-224 . Senator Conrad Burns memorial highway. (1) There is established the Senator Conrad Burns memorial highway on the existing road known as "Airport Road" in Billings from the junction with U.S. highway 87 known as "Main Street" in the Billings heights to the intersection of north 27th street, Montana highway 3.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when maps are updated.
Mont. Code Ann. § 60-2-128 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-128
60-2-128 Maintenance system -- designation of highways
Status: in_force

60-2-128 . Maintenance system -- designation of highways. The commission shall designate the public highways that are to be included on the state maintenance system. Except as provided in 60-2-107 , the system must include all the highways that the department maintained on July 1, 1976.
Mont. Code Ann. § 60-6-204 — MT Code / Title 60 / Chapter 6 / Part 2 / Section 60-6-204
60-6-204 Rulemaking authority
Status: in_force

60-6-204 . Rulemaking authority. The department may adopt rules necessary to implement this part regarding:

(1) camping and personal property storage in a state highway right-of-way; and

(2) enforcement of this part, including but not limited to provisions for recovering fines, cleanup costs, and legal costs against violators and those responsible for violations of this part.
Mont. Code Ann. § 60-11-114 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-114
60-11-114 Purpose
Status: in_force

60-11-114 . Purpose. (1) Montana's railroad branch lines provide critical transportation to Montana businesses and communities. These lines are especially important to Montana's agricultural and wood products industries that rely on railroads to transport Montana products to national and international markets. The branch lines are also critical to efforts to increase or expand businesses that process Montana commodities into more valuable products.

(2) A state rail funding program will provide Montana with an important tool to help preserve and enhance Montana's branch lines.

(3) The purpose of sections 60-11-113 through 60-11-116 is to provide low-interest loans to railroads, cities, counties, companies, or regional rail authorities for the purposes provided in 60-11-120 to preserve or enhance cost-effective rail service to Montana communities and businesses.
Mont. Code Ann. § 60-4-107 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-107
60-4-107 Road-building materials
Status: in_force

60-4-107 . Road-building materials. (1) A right-of-way or easement acquired by the department for construction, operation, repair, reconstruction, or maintenance of highways includes, among others, the right to use, remove, relocate, redistribute, or otherwise dispose of gravel and other road-building materials found or located within the boundaries of the right-of-way or easement.

(2) For the purposes of this chapter, the gravel or materials are considered to be real property and not minerals.
Mont. Code Ann. § 60-6-102 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-102
60-6-102 Notice of encroachment
Status: in_force

60-6-102 . Notice of encroachment. (1) Notice to remove an unpermitted encroachment, specifying the width of the highway right-of-way and the place and extent of the encroachment, must be given to the person erecting or maintaining the encroachment.

(2) Notice must be given in the following manner:

(a) in writing by certified mail sent to the person's business or personal address or by personal service; or

(b) if the person's address cannot be found, by posting it on the encroachment.
Mont. Code Ann. § 60-5-519 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-519
60-5-519 Tourist-oriented directional signs within right-of-way of primary highway system
Status: in_force

60-5-519 . Tourist-oriented directional signs within right-of-way of primary highway system. (1) Tourist-oriented directional signs may be erected and maintained within the right-of-way of the primary highway system to provide information to the traveling public concerning motorist services accessible from the primary highway system by way of an intersecting highway.

(2) Except as provided by rule, a tourist-oriented directional sign may not be erected if the place of business is readily visible from the main-traveled roadway.
Mont. Code Ann. § 60-4-108 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-108
60-4-108 No compensation in certain cases -- exceptions
Status: in_force

60-4-108 . No compensation in certain cases -- exceptions. (1) Whenever the department files a right-of-way plan as provided in 60-2-209 , no consideration, allowance, or assessment of values or compensation may be made in the purchase or condemnation of buildings or improvements or subdivisions placed or erected on the land covered by the plan after the filing.

(2) The establishment of the highway location covered by the right-of-way plan must be ineffective 1 year after filing if no action to condemn or acquire the property has been commenced.

(3) Nothing in this section or in 60-2-209 applies to crops or similar improvements planted on the lands described. They are governed by 70-30-302 .
Mont. Code Ann. § 60-4-403 — MT Code / Title 60 / Chapter 4 / Part 4 / Section 60-4-403
60-4-403 Relocation -- costs -- rulemaking
Status: in_force

60-4-403 . Relocation -- costs -- rulemaking. (1) Except as otherwise provided in this section, 75% of all costs of relocation, dismantling, and removal must be paid by the department as a cost of commission-designated highway systems construction.

(2) The department shall pay for the entire cost of relocating a publicly owned water or sewer facility with 500 or fewer service connectors under the following conditions:

(a) the facility has had 500 or fewer subscribers during the entire year before the letting of the project contract; and

(b) the relocation is the result of state highway or commission-designated highway system construction.

(3) The department shall pay for 85% of all costs of relocating a publicly owned water or sewer facility with more than 500 but fewer than 1,000 service connectors, subject to the following conditions:

(a) the facility had more than 500 but fewer than 1,000 subscribers during the entire year before the letting of the project contract; and

(b) the relocation is the result of state highway or commission-designated highway system construction.

(4) (a) The department shall give a preliminary notice to a utility whose facility the department has determined must be relocated due to a planned highway project.

(b) The department may incrementally reduce to 0% the amount of its participation in the cost of relocating a facility that is not relocated in a reasonable time following the preliminary notice.

(c) The incremental loss of cost participation may not be imposed until at least 90 days after giving the preliminary notice.

(d) The first 90 days of a preliminary notice period for a utility may not run simultaneously with any other notice period required or allowed in this section.

(5) The department may remove a facility or nonutility facility:

(a) whenever the department provides reasonable written notice to a utility or the owner of a nonutility facility that occupies a right-of-way of a commission-designated highway system or a state highway where a project is planned and the utility or owner of the nonutility fails to move its facility or nonutility facility to accommodate the project; or

(b) if the utility or nonutility facility was not installed or relocated in accordance with a utility permit.

(6) (a) The department may adopt rules under this section to define, address, or otherwise establish what constitutes a preliminary notice, preliminary notice period, reasonable written notice, a reasonable time, accuracy of facility and nonutility facility relocations, compliance with utility permits, the incremental loss of cost participation, and any other matter reasonably related to the relocation or removal of a facility or nonutility facility.

(b) Prior to publishing a rule proposal notice in relation to the rulemaking authority granted under this section, the department shall consult with the transportation interim committee established in 5-5-233 , representatives of utility companies and cooperatives, telecommunications and broadband companies and cooperatives, cable television companies, highway construction contractors, and any other entities deemed appropriate by the department.

(7) (a) Except for the department's or its contractors' own willful misconduct, gross negligence, or violations of 69-4-523 , the department and its contractors may not be held liable for a removal carried out in compliance with this section.

(b) A claim related to a loss of service interruption may not be pursued, directly or indirectly, against the department or its contractors in relation to a removal carried out in compliance with this section.

(8) Subsections (4) through (7) pertain only to highway projects that are to be delivered using the design-bid-build project delivery method.
Mont. Code Ann. § 60-5-103 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-103
60-5-103 Designation as controlled-access highway
Status: in_force

60-5-103 . Designation as controlled-access highway. (1) A portion of any interstate highway, throughway or throughway intersection, or other commission-designated highway system or state highway may not be designated as a controlled-access highway unless the commission adopts a resolution so designating it. The resolution must be adopted by the majority vote of the members in attendance at any regular or special meeting. In it, the commission shall find and determine that it is necessary and desirable that:

(a) the owners or occupants of the abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view;

(b) the rights of or easements to access, light, air, or view be acquired by the state so as to prevent that portion of highway from becoming unsafe for or impeded by unrestricted access of traffic from intersecting streets, alleys, public or private roads, or ways of passage.

(2) The resolution must contain a statement of the reasons for its adoption and set forth the location, distance, and termini of the portion of the highway designated as a controlled-access highway.
Mont. Code Ann. § 60-3-212 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-212
60-3-212 Interim apportionment to match federal-aid funds
Status: in_force

60-3-212 . Interim apportionment to match federal-aid funds. During the interim between legislative sessions, the department of transportation is delegated power and authority to develop formulas to apportion state construction funds in an equitable manner consistent with the intent of this title to match federal-aid funds for highway systems or purposes not enumerated in this title. Such apportionment formulas shall be valid only until approved, modified, or rejected by the next legislative session.
Mont. Code Ann. § 60-4-211 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-211
60-4-211 Exchange of unnecessary highway property
Status: in_force

60-4-211 . Exchange of unnecessary highway property. (1) The department may exchange unnecessary highway property, either as entire or partial consideration, for any other interest in real property needed for highway purposes. The department may establish the manner of the exchange and the terms and conditions for it.

(2) Before making the exchange, the department shall notify all landowners whose property is adjacent to the land proposed for exchange. If any of the landowners are interested in buying the land proposed for exchange, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of exchange from the department. Upon receipt of a notice of interest, the department shall offer the land proposed for exchange for sale as provided in 60-4-202 and 60-4-203 .

(3) The department may enter into an arrangement for exchange solely with a municipality or county for an interest in real property that is a public right-of-way used for transportation purposes. The department may transfer the interest to the municipality or county in exchange for the municipality or county assuming full interest and maintenance authority under the following conditions:

(a) the real property must be maintained as a public right-of-way for transportation purposes; and

(b) no portion of the interest may be sold to or exchanged with private entities.
Mont. Code Ann. § 60-3-217 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-217
60-3-217 Terminated
Status: in_force

60-3-217 . Terminated. Secs. 4, 5, Ch. 456, L. 1995.
Mont. Code Ann. § 60-2-201 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-201
60-2-201 General powers of department
Status: in_force

60-2-201 . General powers of department. (1) The department may plan, lay out, alter, construct, reconstruct, improve, repair, and maintain highways on the commission-designated highway systems and state highways according to priorities established by and on projects selected and designated by the commission.

(2) The department may cooperate and contract with counties and municipalities to provide assistance in performing these functions on other highways and streets.

(3) The department may review and approve projects for the installation of public works on state highway rights-of-way and authorize a county or municipality to let contracts related to such improvements.

(4) The department shall adopt necessary rules for the construction, repair, maintenance, and marking of state highways and bridges.
Mont. Code Ann. § 60-4-216 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-216
60-4-216 Procedure for right-of-way abandonment
Status: in_force

60-4-216 . Procedure for right-of-way abandonment. (1) Upon receipt of a petition, in writing, for the right-of-way abandonment of the subject property from three or more owners of contiguous property, the department shall prepare an exhibit, setting forth the boundaries of the subject property and identifying the remainder.

(2) The department shall prepare an order of right-of-way abandonment to propose to the commission.

(3) The proposed order must state that the subject property is subject to all easements and utilities apparent or of record.

(4) Before abandoning the subject property, the commission shall notify the board of county commissioners in writing of its intent to effect the right-of-way abandonment of the subject property and shall hold a public hearing in the county or counties affected by the right-of-way abandonment.

(5) The commission shall publish the notice of proposed abandonment and public hearing for 3 successive weeks in local newspapers within the county.

(6) The commission, in its sole discretion, may enter an order disposing of the subject property by right-of-way abandonment.

(7) The order with exhibits attached must be recorded by the department in the office of the clerk and recorder in the county or counties in which the subject property is located.
Mont. Code Ann. § 60-1-234 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-234
60-1-234 Minnie Spotted-Wolf memorial highway
Status: in_force

60-1-234 . Minnie Spotted-Wolf memorial highway. (1) There is established the Minnie Spotted-Wolf memorial highway on existing U.S. highway 89 from mile marker 85.3 to mile marker 89.

(2) The department shall design and install appropriate signs marking the location of the Minnie Spotted-Wolf memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Minnie Spotted-Wolf memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-210 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-210
60-1-210 Purple heart trail
Status: in_force

60-1-210 . Purple heart trail. The purple heart trail is the U.S. interstate highway system in Montana.
Mont. Code Ann. § 60-1-222 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-222
60-1-222 Joseph J. Dunn memorial highway
Status: in_force

60-1-222 . Joseph J. Dunn memorial highway. (1) There is established the Joseph J. Dunn memorial highway on the existing Montana interstate 15 between the Ulm interchange and Gore Hill interchange, which is adjacent to the offices of the Cascade County sheriff's department located on Gore Hill in Cascade County.

(2) The department shall design and install appropriate signs marking the location of the Joseph J. Dunn memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Joseph J. Dunn memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-242 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-242
60-2-242 Markers -- commemorative highways
Status: in_force

60-2-242 . Markers -- commemorative highways. (1) As funds are available under subsection (2), the department may design and erect signs along the commemorative highways designated in 60-1-202 through 60-1-207 and 60-1-210 identifying the routes and providing interpretive information.

(2) The department may accept money from other state agencies, federal agencies, local governments, or private persons for the purposes of subsection (1) and may expend the money received for those purposes.

(3) For the purposes of subsection (2), private persons includes commonly recognized military veterans' organizations, including but not limited to the veterans of foreign wars, the American legion, the disabled American veterans, the Vietnam veterans of America, and the military order of the purple heart.
Mont. Code Ann. § 60-1-235 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-235
60-1-235 Louis Charles Charlo memorial highway
Status: in_force

60-1-235 . Louis Charles Charlo memorial highway. (1) There is established the Louis Charles Charlo memorial highway on the existing U.S. highway 93 north from mile marker 7 to mile marker 9.

(2) The department shall design and install appropriate signs marking the location of the Louis Charles Charlo memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Louis Charles Charlo memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-203 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-203
60-1-203 Veterans memorial highway
Status: in_force

60-1-203 . Veterans memorial highway. There is established the veterans memorial highway composed of the existing U.S. interstate highway 15 from the Montana-Idaho border at Monida Pass to the international boundary at Sweetgrass.
Mont. Code Ann. § 60-2-117 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-117
60-2-117 Contract indemnification provisions -- definition
Status: in_force

60-2-117 . Contract indemnification provisions -- definition. (1) Except as provided in subsections (2) and (3), a contract subject to the provisions of this part with a provision that requires one party to the contract to indemnify, hold harmless, insure, or defend the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs that are caused by the negligence, recklessness, or intentional misconduct of the other party or the other party's officers, employees, or agents is void as against the public policy of this state.

(2) A contract subject to the provisions of this part may contain a provision:

(a) requiring one party to the contract to indemnify, hold harmless, or insure the other party to the contract or the other party's officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of a third party or of the indemnifying party or the indemnifying party's officers, employees, or agents; or

(b) requiring a party to the contract to purchase a project-specific insurance policy, including but not limited to an owner's and contractor's protective insurance, a project management protective liability insurance, or a builder's risk insurance.

(3) This section does not apply to indemnity of a surety by a principal on a contract bond or to an insurer's obligation to its insureds.

(4) As used in this section, "contract" means, with respect to highway construction, an agreement for architectural services, alterations, construction, demolition, design services, development, engineering services, excavation, maintenance, repair, or other improvement to real property, including an agreement to supply labor, materials, or equipment for an improvement to real property.
Mont. Code Ann. § 60-2-140 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-140
60-2-140 Rawhide stampede rustlers and rendezvous trade corridor -- planning
Status: in_force

60-2-140 . Rawhide stampede rustlers and rendezvous trade corridor -- planning. The commission shall designate a route, to be known as the rawhide stampede rustlers and rendezvous trade corridor, along the present route of state highway 16 from Glendive to the port of Raymond in order to facilitate trade between Canada and Mexico, to encourage economic development, to enhance the safety of motorists along the route, as appropriate, and to support region connectivity. Planning for the state highway 16 improvements must be included, as appropriate, in any future fiscal plan developed by the department.
Mont. Code Ann. § 60-2-245 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-245
60-2-245 Construction projects -- project impacts -- notice
Status: in_force

60-2-245 . Construction projects -- project impacts -- notice. (1) (a) After the commission has selected and prioritized a construction project under 60-2-110 , the department or the commission shall determine whether the project will have a substantial impact on the public. If the department or the commission determines that the project will have a substantial impact, the department shall ensure that the public, in the area where the project is located and in areas adjacent to the project area, as provided in subsection (3)(a)(i), is notified of the project and is provided with periodic updates on the status of the project as provided in this section.

(b) A project with a substantial impact includes but is not limited to:

(i) a project for which additional right-of-way is necessary for project completion; and

(ii) the initial installation of rumble strips within 200 yards of a residential building, as measured from any point on a prospective rumble strip to any part of a residential building.

(2) (a) The department shall engage the public through informational meetings or other appropriate means at major milestones in phases of the project, from the selection of the project by the commission to project completion. To engage and inform the public, the department shall:

(i) place and maintain current information regarding the status of the project in a prominent location on the department's website;

(ii) use newspaper, television, and radio formats as appropriate to provide information to the public regarding the status of the project;

(iii) investigate the use of other types of media, such as electronic social media, to provide information to the public regarding the status of the project; and

(iv) maintain an electronic notification list as provided in subsection (3).

(b) For the purposes of this section, phases of a project include but are not limited to survey, design, and right-of-way phases of a project.

(3) (a) For each proposed project identified under subsection (1), the department shall maintain a list of:

(i) all local government and tribal government entities within which the project will be located that are likely to be impacted by the project or that are adjacent to the project area; and

(ii) organizations and associations that represent motorists and commercial motor vehicle companies and operators that regularly conduct business in the project area and any other organizations or entities that represent travelers or those who regularly use highways in the project area for recreational or business purposes.

(b) The department shall notify the entities identified in subsection (3)(a) when the commission selects a construction project as provided in subsection (1) and shall provide project updates of major milestones in phases of the project through electronic communication to any entity that submits a request to receive updates.
Mont. Code Ann. § 60-5-527 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-527
60-5-527 Federal requirements -- conflict and accord
Status: in_force

60-5-527 . Federal requirements -- conflict and accord. If the secretary of the U.S. department of transportation finds any part of this part to be in conflict with federal requirements that are prescribed as a condition to the allocation of federal funds to the state, the conflicting part of this part is invalid only to the extent of the conflict and such finding may not affect the operation of the remainder of this part in its valid applications.
Mont. Code Ann. § 60-2-134 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-134
60-2-134 Definitions
Status: in_force

60-2-134 . Definitions. As used in 18-8-204 , 18-8-205 , 60-2-111 , 60-2-112 , 60-2-120 , 60-2-137 , and this section, the following definitions apply:

(1) (a) "Alternative project delivery method" means a process approved by the commission and recognized by the U.S. department of transportation, federal highway administration, for federal participation under the United States Code and federal regulations.

(b) The term does not include a design-build contract awarded by the commission under 60-2-111 (3).

(2) "Design-build contracting" means the process of entering into a single contract between the commission and a design-build contractor in which the design-build contractor agrees to design and build a highway, structure, or facility or any other items required in a request for proposals.

(3) "Design-build contractor" means an individual, partnership, corporation, joint venture, or other legally recognized entity that is appropriately licensed in Montana and that provides the necessary design and construction services, including contract administration.

(4) "Design-build or alternative project delivery criteria package" means the document provided by the department that contains the information necessary to guide a prospective design-build contractor in the preparation and submission of a proposal for a design-build or alternative project delivery project.

(5) "Request for proposals" means a part of the design-build or alternative project delivery criteria package that contains a detailed scope of work, including design concepts, technical requirements and specifications, the time allowed for design and construction, the department's estimated cost of the project, the deadline for submitting a proposal, the selection criteria, and a copy of the contract.

(6) "Request for qualifications" means a part of the design-build or alternative project delivery criteria package that contains the desired minimum qualifications of the design-build or alternative project delivery contractor, a scope of work statement, the project requirements, the amount of reimbursement that the commission has determined will be paid to prospective contractors who qualify for the short list but are not awarded a contract, if applicable, and the selection criteria that the department will use in compiling the short list of prospective design-build contractors to consider.
Mont. Code Ann. § 60-7-102 — MT Code / Title 60 / Chapter 7 / Part 1 / Section 60-7-102
60-7-102 Definitions
Status: in_force

60-7-102 . Definitions. As used in 60-2-208 and 60-7-101 through 60-7-103 , the following definitions apply:

(1) A "high-hazard area" is a segment of the primary or secondary highway system passing through open range where livestock move on or across the highway often enough, in enough numbers, and with enough ease of access that the animals create a significant traffic safety hazard. Evidence bearing on whether animals on the highway pose a significant hazard includes, without limitation, past accident records, the opinions of persons qualified by experience to evaluate the relative safety of road conditions, and the terrain around the road.

(2) "Livestock" means cattle, sheep, swine, horses, mules, and goats.

(3) A "low-hazard area" is a segment of the primary or secondary highway system passing through open range that is not a high-hazard area.

(4) "Open range" means those areas of the state where livestock are raised and maintained in sufficient numbers to constitute a significant part of the local or county economy and where livestock graze and move about generally unrestrained by fences.
Mont. Code Ann. § 60-2-107 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-107
60-2-107 Abandonment of highways -- discontinuance of maintenance -- exchange of roadways -- public notice required
Status: in_force

60-2-107 . Abandonment of highways -- discontinuance of maintenance -- exchange of roadways -- public notice required. (1) The commission may abandon highways on the commission-designated highway systems and state highways pursuant to 60-4-212 .

(2) Before abandoning or discontinuing maintenance on a highway, the commission shall hold a public hearing in the county or counties affected by the abandonment. The commission may elect to offer to transfer the liability for and the maintenance of a highway to another agency or agencies that may in turn elect to take responsibility for the highway. The commission shall notify the board of county commissioners and the governing body of any municipality affected by the abandonment in writing of its intent to abandon a highway and hold a public hearing. The commission shall publish for 3 consecutive weeks in local newspapers within the county the notice of abandonment and public hearing.

(3) The commission may enter into an agreement with a unit of local government, on mutually beneficial terms, to exchange property interests or responsibilities, including maintenance, on any portion of a commission-designated highway system or state highway and on any portion of a county road or city street.

(4) The commission may not abandon a highway, road, or right-of-way used to provide existing legal access to public land or waters, including access for public recreational use as defined in 23-2-301 and as permitted in 23-2-302 , unless another highway, road, or right-of-way provides substantially the same access.

(5) The commission may not abandon a highway, road, or right-of-way used to access private land if the access benefits two or more landowners unless all the landowners agree to the abandonment.
Mont. Code Ann. § 60-11-110 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-110
60-11-110 Abandonment defined
Status: in_force

60-11-110 . Abandonment defined. For purposes of this part, "abandonment" means the relinquishment of property, both real and personal, and the discontinuance of railroad services. Abandonment may be accomplished by voluntary act or by formal procedure.
Mont. Code Ann. § 60-1-241 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-241
60-1-241 Ensign James A. Shelton memorial highway
Status: in_force

60-1-241 . Ensign James A. Shelton memorial highway. (1) There is established the Ensign James A. Shelton memorial highway on the existing state highway 81, beginning at the intersection of state highway 81 and U.S. highway 191 and ending at the intersection of state highways 81 and 80.

(2) The department shall design and install appropriate signs marking the location of the Ensign James A. Shelton memorial highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Ensign James A. Shelton memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-4-206 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-206
60-4-206 Sale of personal property and printed matter
Status: in_force

60-4-206 . Sale of personal property and printed matter. (1) The department may sell at public or private sale, as it determines, an interest in personal property, however acquired by it, which it determines is not necessary to the laying out, altering, construction, improvement, or maintenance of a highway.

(2) The department may sell at public or private sale, as it determines, maps, books, pamphlets, or other printed matter prepared or acquired by the department. The department may sell copies of highway records to the public and may set reasonable prices for them.

(3) The proceeds from sales made under this section shall be paid into the state treasury to the credit of the department.
Mont. Code Ann. § 60-1-218 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-218
60-1-218 Highway patrol officer David DeLaittre memorial highway
Status: in_force

60-1-218 . Highway patrol officer David DeLaittre memorial highway. (1) There is established the highway patrol officer David DeLaittre memorial highway on existing U.S. highway 287 and Montana highway 2 between mile 93.3 and mile 97.3.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated.
Mont. Code Ann. § 60-5-521 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-521
60-5-521 Sign composition -- design -- conformity with standards and rules
Status: in_force

60-5-521 . Sign composition -- design -- conformity with standards and rules. (1) A tourist-oriented directional sign must be rectangular in shape and must have a white legend and border on a blue background.

(2) A tourist-oriented directional sign may contain standard general service symbols to indicate a class of business, service, or activity.

(3) Business signs for specific businesses, services, and activities may be installed on a tourist-oriented directional sign. Nationally, regionally, or locally known commercial symbols, brands, or trademarks for service stations, restaurants, campgrounds, and motels must be used when applicable. Such commercial symbols, brands, and trademarks must be reduced to an appropriate size. No business sign may resemble any official warning or regulatory traffic sign, signal, or device.

(4) A tourist-oriented directional sign may contain no more than two lines of legend, including no more than one business sign, a separate directional arrow, and the distance to the specific business, service, or activity.

(5) The content of the legend must be limited to the identification of the business, service, or activity. The legend may not include promotional advertising.

(6) The legends, arrows, and business signs displayed on a tourist-oriented directional sign may be reflectorized.

(7) The erection and maintenance of tourist-oriented directional signs must conform to national standards promulgated by the U.S. secretary of transportation pursuant to 23 U.S.C. 131 and 23 U.S.C. 315 and rules adopted by the department under 60-5-503 .
Mont. Code Ann. § 60-6-106 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-106
60-6-106 Limitation of authority within and exclusion outside of incorporated municipalities -- inclusion due to lack of local ordinances -- definition
Status: in_force

60-6-106 . Limitation of authority within and exclusion outside of incorporated municipalities -- inclusion due to lack of local ordinances -- definition. (1) (a) Municipalities incorporated under Title 7, chapter 2, part 41, have the authority to enact ordinances in accordance with state and federal laws governing the placement of impermanent encroachments on sidewalks of a commission-designated highway system or state highway right-of-way without the necessity of permitting by the department of transportation for individual encroachments as described in 60-6-101 .

(b) This provision is limited to sidewalks as defined in 61-8-102 .

(2) (a) This provision specifically excludes all commission-designated highway systems and state highway rights-of-way outside of incorporated municipality boundaries.

(b) A sidewalk encroachment requiring or resulting in a permanent attachment to or a modification of a commission-designated highway system or state highway right-of-way must abide by the requirements of 60-6-101 through 60-6-105 .

(3) (a) An incorporated municipality that has not enacted an ordinance regulating the placement of an impermanent encroachment on a sidewalk shall default to the permitting process as described in 60-6-101 until it enacts a regulating ordinance.

(b) After enacting a regulating ordinance:

(i) the municipality shall indemnify the state, including costs and fees, for all claims for damages caused by the municipality's enactment of an ordinance, approval of the impermanent encroachment on a sidewalk, and placement of the impermanent encroachment on a sidewalk; and

(ii) 60-6-101 through 60-6-105 do not apply to the impermanent encroachment on a sidewalk except as provided by this section.

(4) The department of transportation shall communicate identified violations of state or federal law, including the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., as amended, to the incorporated municipalities for enforcement within their boundaries. This communication must include references to the state or federal law that was violated. If an incorporated municipality has not acted to address the violation within 7 days, the department of transportation is authorized to proceed with removal of the violation as described in 60-6-101 through 60-6-105 .

(5) As used in this section, "impermanent encroachment" means:

(a) an object that is not permanently affixed to the sidewalk of a commission-designated highway system or state highway right-of-way or that does not require the modification of the sidewalk of a commission-designated highway system or state highway right-of-way; or

(b) an occupied encroachment above grade level.
Mont. Code Ann. § 60-4-111 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-111
60-4-111 Acquisition of property for controlled-access facility
Status: in_force

60-4-111 . Acquisition of property for controlled-access facility. (1) The highway authorities of the state, counties, incorporated cities and towns, respectively, or in cooperation one with the other, may acquire private or public property and property rights for controlled-access highways or controlled-access facilities and service roads. Such rights may include rights of access, air, view, and light. They may be acquired by gift, devise, purchase, or condemnation, in the same manner as may now or hereafter be authorized by law for the acquisition of property or property rights in connection with highways, roads, and streets in their respective jurisdictions.

(2) A right-of-way is hereby given, dedicated, and set apart for controlled-access highways or controlled-access facilities through, over, upon, or across any county road and any street or alley intersecting a controlled-access highway. Acquisition of any county road, street, or alley for use as a controlled-access highway or controlled-access facility shall be deemed a superior and more necessary public use and purpose than the public use or purpose to which such road, street, or alley has theretofore been dedicated.
Mont. Code Ann. § 60-3-211 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-211
60-3-211 Apportionment of state funds to urban highway system -- definition
Status: in_force

60-3-211 . Apportionment of state funds to urban highway system -- definition. (1) Each fiscal year, the department shall apportion the federal-aid highway funds allocated for the urban highway system to the urban areas in the state as delineated and reported in the latest federal census with populations of 5,000 or more in the ratio of urban population in each urban area to the total urban population in all urban areas in the state.

(2) To the extent necessary to permit orderly programming and construction of projects, obligations in any urban area may exceed the amount apportioned to that urban area. The amount of any excess obligations must be deducted from future apportionments to that urban area.

(3) As used in this section, "urban population" is defined as population within the urban area, as reported in the latest federal census, with a population of 5,000 or more and that population within the adjusted and federal highway administration-approved fringe areas based on the latest federal census.
Mont. Code Ann. § 60-4-205 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-205
60-4-205 Private sale if no bid or offer
Status: in_force

60-4-205 . Private sale if no bid or offer. (1) If, after proper notice is published, the department does not receive a bid at public sale or an offer from the original owner or the owner's successor in interest, it may at any time sell the interest at private sale. At the sale, the department may accept as the purchase price an amount of money not less than 90% of the appraised value.

(2) Title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.
Mont. Code Ann. § 60-4-401 — MT Code / Title 60 / Chapter 4 / Part 4 / Section 60-4-401
60-4-401 Occupancy and relocation -- definitions
Status: in_force

60-4-401 . Occupancy and relocation -- definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) (a) "Cost of relocation" means the amount paid by the utility for material, labor, and equipment properly attributable to the relocation after deducting any increase in the value of the new facility and any salvage value derived from the old facility.

(b) "Cost of relocation" does not mean engineering costs for designing, locating, staking, inspecting, or any other incidental costs of engineering.

(2) "Facility" means a utility's tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances impacted by a project on a commission-designated highway system or state highway.

(3) "Utility" includes publicly, privately, and cooperatively owned utilities, including water and sewer facilities.
Mont. Code Ann. § 60-1-229 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-229
60-1-229 Dolly Smith Akers memorial highway
Status: in_force

60-1-229 . Dolly Smith Akers memorial highway. (1) There is established the Dolly Smith Akers memorial highway on existing U.S. highway 2 from Wolf Creek to the Poplar River.

(2) The department shall design and install appropriate signs marking the location of the Dolly Smith Akers memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Dolly Smith Akers memorial highway.
Mont. Code Ann. § 60-1-227 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-227
60-1-227 Pearl Harbor Veterans memorial highway
Status: in_force

60-1-227 . Pearl Harbor Veterans memorial highway. (1) There is established the Pearl Harbor veterans memorial highway on the existing Montana highway 532 in Yellowstone County, between mile marker 1 and mile marker 2.

(2) The department shall design and install appropriate signs marking the location of the Pearl Harbor veterans memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Pearl Harbor veterans memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-2-106 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-106
60-2-106 Designation of highways not located entirely within the state
Status: in_force

60-2-106 . Designation of highways not located entirely within the state. The commission may designate highways subject to improvement under the provisions of Title 23, U.S.C., even though those highways are not located entirely and continuously within the boundaries of the state. The designations shall meet the following conditions:

(1) the highway is on an approved federal-aid route and eligible for improvement under Title 23, U.S.C.;

(2) the location of a portion of the route outside the boundaries of the state is necessary because of natural geographical or physical conditions which make the construction of the highway within the state impossible or impracticable;

(3) the portion of the route located outside the state does not connect with and is not a part of the state highway system of the adjoining state.
Mont. Code Ann. § 60-4-501 — MT Code / Title 60 / Chapter 4 / Part 5 / Section 60-4-501
60-4-501 Broadband deployment
Status: in_force

60-4-501 . Broadband deployment. (1) The department shall maintain a list of entities working on broadband deployment in the state.

(2) When the department plans a state highway construction project or a project authorized under 60-4-601 involving construction methods suitable for installing broadband conduit in the state or interstate highway right-of-way or conducive to accessing the utility right-of-way, the department shall notify entities working on broadband deployment of the project to encourage collaborative broadband installation.

(3) The department may adopt administrative rules to implement this section.

(4) As used in this section, "entities working on broadband deployment" includes but is not limited to local governments, nonprofit organizations, cable television companies, telephone companies, and broadband providers eligible for the installation of broadband infrastructure.
Mont. Code Ann. § 60-1-226 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-226
60-1-226 Trenton Johnson memorial highway
Status: in_force

60-1-226 . Trenton Johnson memorial highway. (1) There is established the Trenton Johnson memorial highway on existing state highway 83 between mile marker 14 and mile marker 22.

(2) The department shall design and install appropriate signs marking the location of the Trenton Johnson memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the Trenton Johnson memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-4-203 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-203
60-4-203 Conduct of sale
Status: in_force

60-4-203 . Conduct of sale. (1) To sell unnecessary highway property pursuant to 60-4-202 , the department shall publish notice of the sale once a week for 4 successive weeks in a newspaper published in the county in which the interest is located and on the department's website. The sale may be held in person in the county where the property is located or through an online auction.

(2) The notice of sale must contain:

(a) the day, date, and time of the beginning of the sale;

(b) a list of all the tracts to be offered for sale with the legal description, which includes the township and range, section number, and subdivision, or reference to the block and lot if surveyed;

(c) the number of acres in unplatted lands;

(d) the appraised value per acre and the appraised value of each lot;

(e) a quarter section listing of nonirrigable farm lands, with grazing lands listed in larger tracts not exceeding one section;

(f) a consecutive series of sales numbers for advertised tracts, if appropriate; and

(g) the terms and conditions of the sale and any additional information the department considers useful.

(3) Before the sale of an interest having a value in excess of $10,000, the department must have the interest appraised at a price representing a fair market value. The appraised value must be stated in the published notice.

(4) A sale of an interest may not be made unless it has been appraised within 6 months prior to the date of the sale. A sale may not be made for less than 90% of the appraised value.

(5) Title to an interest may not pass from the state until the purchaser has paid the full amount of the purchase price into the state treasury to the credit of the department.
Mont. Code Ann. § 60-1-202 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-202
60-1-202 Lewis and Clark highway
Status: in_force

60-1-202 . Lewis and Clark highway. There is hereby established the Lewis and Clark highway. It shall be composed of the following existing routes:

(1) from the Idaho state line west of Lolo Hot Springs, Montana, to the junction with U.S. highway 93 at Lolo;

(2) thence north from Lolo on U.S. highway 93 to Missoula;

(3) thence east from Missoula on U.S. highways 12 and 10 to Garrison;

(4) thence east from Garrison on U.S. highway 12 through Forsyth and Baker to the North Dakota state line.
Mont. Code Ann. § 60-4-109 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-109
60-4-109 Irrigable lands rendered unusable -- unpaid construction costs
Status: in_force

60-4-109 . Irrigable lands rendered unusable -- unpaid construction costs. (1) Whenever the department acquires irrigable land for highway purposes or so acquires land as to render other irrigable land unusable for irrigation, it shall pay to the owner of the irrigation or drainage project, in addition to other sums allowed by law, a proportionate share of the unpaid construction costs of the project or drainage district.

(2) The department shall also pay a lump-sum amount to the district sufficient to produce, on an amortized basis for a reasonable period not to exceed 90 years, a sum of money equal to the annual increase in operation and maintenance costs against the remaining lands under irrigation in the district resulting from the severance from the district of the lands acquired by the department and not overcome by bringing new or additional land under irrigation. For the purpose of determining the amount of the lump-sum payment, the annual operation and maintenance assessment of the district shall be considered to be the average for the 5 years, or so many years as the district has assessment experience if less than 5 years, preceding the date of acquisition.
Mont. Code Ann. § 60-3-302 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-302
60-3-302 Shared-use path defined
Status: in_force

60-3-302 . Shared-use path defined. As used in this part, "shared-use path" means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, skaters, equestrians, and other nonmotorized users. A sidewalk, as defined in 61-8-102 , is not a shared-use path.
Mont. Code Ann. § 60-5-108 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-108
60-5-108 Maintenance of frontage roads
Status: in_force

60-5-108 . Maintenance of frontage roads. Frontage roads shall be maintained by the department of transportation.
Mont. Code Ann. § 60-2-205 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-205
60-2-205 Powers of department with respect to highways not located entirely within the state
Status: in_force

60-2-205 . Powers of department with respect to highways not located entirely within the state. The department may expend funds for the construction, reconstruction, engineering, administration, betterment, and maintenance of highways designated under 60-2-106 . It may do all things necessary or required to carry out fully the cooperation contemplated under Title 23, U.S.C., with regard thereto.
Mont. Code Ann. § 60-1-204 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-204
60-1-204 Maureen and Mike Mansfield heritage route
Status: in_force

60-1-204 . Maureen and Mike Mansfield heritage route. The portion of U.S. interstate highway 15 between Butte and Great Falls is established as the Maureen and Mike Mansfield heritage route.
Mont. Code Ann. § 60-6-202 — MT Code / Title 60 / Chapter 6 / Part 2 / Section 60-6-202
60-6-202 Overnight camping and storage of personal property on state highway right-of-way prohibited
Status: in_force

60-6-202 . Overnight camping and storage of personal property on state highway right-of-way prohibited. (1) Overnight camping and the storage of personal property are prohibited on a state highway right-of-way.

(2) The prohibition provided in subsection (1) does not apply to:

(a) emergency situations in which camping is necessary for safety and temporary shelter, as determined by law enforcement or the department;

(b) an authorized work crew, contractor, or other personnel performing duties on behalf of the department or other government agencies; and

(c) a designated rest area, parking area, or pullout specifically authorized for temporary parking and rest in compliance with department rule, not to exceed 24 hours.
Mont. Code Ann. § 60-1-228 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-228
60-1-228 Montana medal of honor highway
Status: in_force

60-1-228 . Montana medal of honor highway. (1) There is established the Montana medal of honor highway on the existing U.S. highway 20 within the state boundaries.

(2) The department shall design and install appropriate signs marking the location of the Montana medal of honor highway at the Targhee pass and at the boundary of Yellowstone national park.

(3) (a) The department shall design and install a memorial plaque at a location along the medal of honor highway with the names of the Montanans who have received the medal of honor. These Montanans are Travis Atkins, William Galt, John McLennon, John Moran, Laverne Parrish, Leo Powers, Donald Ruhl, Henry Schauer, and Cornelius Smith.

(b) The legislature intends that the names of future medal of honor recipients be added to the memorial plaque.

(4) Maps that identify roadways in Montana must be updated to include the location of the Montana medal of honor highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-5-111 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-111
60-5-111 Violations -- penalties
Status: in_force

60-5-111 . Violations -- penalties. (1) On any controlled-access highway or facility, it is unlawful for any person to construct, operate, or maintain any road or private driveway connecting with the highway or facility without first obtaining permission in writing from the highway authority having jurisdiction and, with the exception of an interstate highway, from the local governing body.

(2) A person who violates any of the provisions of this section is guilty of a misdemeanor. Upon arrest and conviction, the person shall be punished by a fine of not less than $5 or more than $100 or by imprisonment in the city or county jail for not less than 5 days or more than 90 days, or both.
Mont. Code Ann. § 60-11-101 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-101
60-11-101 Rail planning
Status: in_force

60-11-101 . Rail planning. The department of transportation may administer rail planning activities.
Mont. Code Ann. § 60-3-304 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-304
60-3-304 Duties of department of transportation
Status: in_force

60-3-304 . Duties of department of transportation. (1) The allocation of available funds for the maintenance, repair, and establishment of shared-use paths and the expenditure of funds as authorized by this part are primarily for the maintenance and repair of shared-use paths and for the promotion of traffic safety on the highways, roads, and streets of the state.

(2) The transportation commission shall, when requested, provide technical assistance and advice to cities and counties in carrying out the purpose of this part.

(3) The department of transportation shall:

(a) maintain an inventory of all shared-use paths located in the right-of-way of each state-maintained federal-aid highway in Montana;

(b) recommend construction and maintenance standards for shared-use paths;

(c) provide a uniform system of signing shared-use paths that applies to all shared-use paths, whether under the jurisdiction of the commission or a city or county; and

(d) as provided in 60-3-309 , allocate funds in the account established in 61-3-321 (21).

(4) (a) Except as provided in subsection (4)(b), shared-use paths may not be used by motorized vehicles.

(b) The transportation commission, a city or county, or the commission jointly with a city or county may authorize the use of snowmobiles on all or a portion of a shared-use path under its jurisdiction.
Mont. Code Ann. § 60-5-520 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-520
60-5-520 Tourist-oriented directional signs -- number of business signs -- distances
Status: in_force

60-5-520 . Tourist-oriented directional signs -- number of business signs -- distances. (1) The number of tourist-oriented directional signs is limited to three signs on an approach to an intersection.

(2) No more than four business signs may be installed on a tourist-oriented directional sign.

(3) To qualify for business identification on a tourist-oriented sign, a business shall meet the eligibility criteria established in 60-5-522 and may not be located more than 5 miles from the primary highway, except as otherwise permitted by the department if no eligible business is located within the 5-mile limit.
Mont. Code Ann. § 60-1-206 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-206
60-1-206 Donald J. Ruhl medal of honor highway
Status: in_force

60-1-206 . Donald J. Ruhl medal of honor highway. The portion of Montana state highway 78, from Columbus through Absarokee and Roscoe to Red Lodge, is established as the Donald J. Ruhl medal of honor highway.
Mont. Code Ann. § 60-2-203 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-203
60-2-203 Maintenance responsibility
Status: in_force

60-2-203 . Maintenance responsibility. (1) The department shall maintain all public highways or portions of public highways that it maintained on July 1, 1976.

(2) The department shall assume the maintenance responsibilities for paved secondary roads as roads are identified cooperatively by the department and the county or counties in which a paved secondary road or paved secondary road segment is located. The department may phase in maintaining the paved secondary roads but must have completely assumed the responsibilities by January 1, 2001.
Mont. Code Ann. § 60-2-213 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-213
60-2-213 Interstate emergency maintenance service agreements
Status: in_force

60-2-213 . Interstate emergency maintenance service agreements. (1) The department may negotiate and enter into a bilateral agreement with an adjoining state or province to provide for the exchange of emergency maintenance services on highways located in Montana or the adjoining state or province.

(2) An agreement authorized under subsection (1) must be confined to emergency situations. The department is prohibited from entering into agreements with adjoining states or provinces that would result in an adjoining state or province performing routine maintenance on highways located in Montana.
Mont. Code Ann. § 60-3-218 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-218
60-3-218 Terminated
Status: in_force

60-3-218 . Terminated. Secs. 4, 5, Ch. 456, L. 1995.
Mont. Code Ann. § 60-1-215 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-215
60-1-215 Highway patrol officer David Graham memorial highway
Status: in_force

60-1-215 . Highway patrol officer David Graham memorial highway. (1) There is established the highway patrol officer David Graham memorial highway on the existing U.S. highway 2 from the southern boundary of the city of Kalispell to the western boundary of the city of Columbia Falls.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated.
Mont. Code Ann. § 60-11-111 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-111
60-11-111 Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation -- definitions
Status: in_force

60-11-111 . Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation -- definitions. (1) Identification of those railroad lines proposed for abandonment in the state of Montana that may have potential for local transportation service or future use as transportation corridors is necessary to determine the feasibility of acquisition by the state and to allow the state to negotiate for acquisition of those railroad lines or easements in the lines.

(2) Identification of those railroad branch lines in the state that may have potential for local rail freight transportation service is necessary to determine the feasibility of providing loans or grants to the owner or operator of the railroad line as provided in 60-11-120 .

(3) The department of transportation:

(a) shall identify railroad rights-of-way in this state that may be abandoned and research the feasibility of acquisition by the state of Montana of those rights-of-way that may be abandoned;

(b) shall identify, under the state rail planning program, railroad branch lines that should be preserved for continued operation;

(c) may negotiate for and acquire easements in the rights-of-way or the railroad rights-of-way and attendant facilities identified pursuant to subsection (3)(a) and:

(i) hold all acquired lands in trust for transportation purposes; and

(ii) upon creation of an appropriate local authority, other than an agency of state government, shall transfer to the local authority all attendant facilities and all rights and responsibility to operate and maintain transportation services over the lands acquired pursuant to this subsection (3)(c);

(d) shall cooperate with and assist persons representing recreational, transportation, and utility interests and other interested persons, including adjacent landowners, in acquiring ownership or easement of abandoned railbeds; and

(e) shall establish procedures, including the use of federal funds received for rail freight assistance programs under former 49 U.S.C. 1654, for providing loans and grants under 60-11-120 .

(4) Abandoned rights-of-way acquired and held in trust pursuant to subsection (3)(c)(i) must be administered by the department of natural resources and conservation, as prescribed in Title 77, until the land is needed for transportation purposes.

(5) As used in this section, the following definitions apply:

(a) "Railbed" means the fee or lessor interest in the land 8 1/2 feet to either side of the centerline of the railroad track.

(b) "Recreational interest" means a local government or a not-for-profit corporation that has as its stated purpose the development, use, or maintenance of public recreational trails.
Mont. Code Ann. § 60-4-218 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-218
60-4-218 Title
Status: in_force

60-4-218 . Title. (1) The department is not responsible for apportioning the abandoned interest among the owners of the contiguous property, and the provisions of 60-4-212 (3) do not apply to the right-of-way abandonment.

(2) By effecting the right-of-way abandonment, neither the department nor the commission gives the covenants set forth in 30-11-110 or warrants title.

(3) The interest acquired by each owner of contiguous property is the abandoned interest in the subject property between the extension of the boundaries of the contiguous property, extending on the same course and intersecting with the linear boundary of the remainder.
Mont. Code Ann. § 60-2-204 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-204
60-2-204 Maintenance agreements with local governments
Status: in_force

60-2-204 . Maintenance agreements with local governments. Except as provided in 60-2-203 , the department may enter into an agreement with a local governing body to maintain portions of public highways within its boundaries upon terms and conditions as may be agreed upon. However, in the case of highways in the state maintenance system as referred to in 60-2-128 and 60-2-203 :

(1) the department shall bear the entire cost of maintenance, operation, and construction work performed by the local governing body pursuant to these agreements; and

(2) the department is responsible for the entire cost of placement and maintenance of all traffic control devices involved in these agreements required by 61-8-203 .
Mont. Code Ann. § 60-2-208 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-208
60-2-208 Seeding along highways
Status: in_force

60-2-208 . Seeding along highways. (1) After a segment of a commission-designated highway system or state highway is constructed, the department shall seed barrow pits, slopes, and shoulders to an adaptable perennial grass or combination of perennial grasses and legumes whenever establishment of perennial grass covers seem suitable. The seed must be certified.

(2) The department shall seek joint recommendations and specifications as to time and method of seeding, fertilizing practices, and grass species from the Montana extension service, the experiment station, and the natural resources conservation service.

(3) After a right-of-way in open range has been fenced pursuant to 60-7-103 , the department may seed the land within the fence with a grass that may be cropped for hay and may lease the land or sell the right to take the hay to qualified persons.
Mont. Code Ann. § 60-4-201 — MT Code / Title 60 / Chapter 4 / Part 2 / Section 60-4-201
60-4-201 Abandonment by transportation commission -- disposition of unnecessary highway property by department -- definitions
Status: in_force

60-4-201 . Abandonment by transportation commission -- disposition of unnecessary highway property by department -- definitions. (1) A commission-designated highway system or state highway, once established, must continue until it is abandoned or vacated by operation of law, by judgment of a court of competent jurisdiction, or by a proper order of the commission.

(2) An interest in real property acquired for the purpose of establishing a highway may be disposed of by abandonment pursuant to 60-4-212 .

(3) A right-of-way may be disposed of by right-of-way abandonment as defined in subsection (5) of this section and as provided for in 60-4-213 through 60-4-218 .

(4) The department may dispose of unnecessary highway property by:

(a) sale, as provided in 60-4-202 through 60-4-207 ; or

(b) exchange, as provided in 60-2-107 .

(5) As used in this part, the following definitions apply:

(a) "Right-of-way abandonment" means cessation of the use of a right-of-way or of activity on a right-of-way with no intention to reclaim or use the right-of-way again.

(b) "Unnecessary highway property" means an interest in real property, however acquired by the department, that the department has determined is no longer necessary to the laying out, altering, construction, improvement, or maintenance of a highway.
Mont. Code Ann. § 60-6-103 — MT Code / Title 60 / Chapter 6 / Part 1 / Section 60-6-103
60-6-103 Encroachment not permanently affixed -- time limit for removal -- penalty
Status: in_force

60-6-103 . Encroachment not permanently affixed -- time limit for removal -- penalty. (1) Except as provided in 60-6-106 , if an unpermitted encroachment is not permanently affixed to the land and is not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days after receipt of the notice provided for in 60-6-102 , the department may begin action under 60-6-104 for its removal at the expense of the person who causes, owns, or controls it. The department may recover the expense of removal and costs in an action brought for that purpose.

(2) If an encroachment presents an imminent danger to the public, the department may immediately remove the encroachment without the notice required by 60-6-102 .
Mont. Code Ann. § 60-7-203 — MT Code / Title 60 / Chapter 7 / Part 2 / Section 60-7-203
60-7-203 Penalty
Status: in_force

60-7-203 . Penalty. A person who violates 60-7-201 is guilty of a misdemeanor and is subject to a fine of not less than $5 or more than $100 for each offense. In a civil action for damages caused by collision between a motor vehicle and a domestic animal or animals on a highway brought by the owner, driver, or occupant of a motor vehicle or by their personal representatives or assigns or by the owner of livestock, there is no presumption or inference that the collision was due to negligence on the part of the owner or the person in possession of the livestock or the driver or owner of the vehicle.
Mont. Code Ann. § 60-1-230 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-230
60-1-230 Mason Moore memorial highway
Status: in_force

60-1-230 . Mason Moore memorial highway. (1) There is established the Mason Moore memorial highway on the existing U.S. highway 287 at mile marker 109.

(2) The department shall design and install appropriate signs marking the location of the Mason Moore memorial highway at mile marker 109 on the northbound side stating his name, title, badge number, and the date of his passing.

(3) Maps that identify roadways in Montana must be updated to include the location of the Mason Moore memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-212 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-212
60-1-212 Richard Dean Roebling memorial highway
Status: in_force

60-1-212 . Richard Dean Roebling memorial highway. (1) The portion of U.S. highway 87 known as "Main Street" in Billings is established as the Richard Dean Roebling memorial highway for commemorative purposes only.

(2) The department shall provide appropriate markers to recognize the name of the highway but may not erect more than three markers along the highway.
Mont. Code Ann. § 60-3-309 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-309
60-3-309 Allocation of funds
Status: in_force

60-3-309 . Allocation of funds. (1) Of the total funds in the account established in 61-3-321 (21)(a):

(a) in fiscal year 2018 only, an amount not to exceed $50,000 must be transferred to the department of justice to reprogram the software and equipment of the department and the department's vendor to accommodate the optional fee provided for in 61-3-321 (21); and

(b) of the remainder in fiscal year 2018 and for succeeding fiscal years:

(i) 20% of the total must be allocated to the department of transportation to be used for bicycle and pedestrian education throughout the state as provided in 60-3-308 (2); and

(ii) 80% of the total must be allocated as provided in subsection (2) by the department of transportation to each of the five districts established in 2-15-2502 .

(2) The amount of funds to be allocated to a district is equal to the total amount of optional registration fees provided for in 61-3-321 (21)(a) collected in the district divided by the total amount of the optional registration fees provided for in 61-3-321 (21)(a) collected for the entire state.

(3) Except as provided in subsection (4), the total funds allocated to a district under subsection (1)(b)(ii) must be used within the district for the maintenance and repair of shared-use paths described in this part. At least 10% of the funds allocated to a district under subsection (1)(b)(ii) must be used to maintain or repair shared-use paths that are not part of the state-maintained federal-aid highway system.

(4) (a) Subject to the provisions of subsection (4)(b), if all of the shared-use paths in the district are maintained and repaired at a level that meets or exceeds the standards established pursuant to 60-3-304 (3)(b) or if there are no shared-use paths in the district that are not part of the state-maintained federal-aid highway system, any funds remaining in a fiscal year may be used to construct new shared-use paths within the district.

(b) Prior to the construction or extension of a shared-use path, the department shall enter into a maintenance agreement with the county or municipality, or both, in which the path is proposed to be constructed or extended. The maintenance agreement may provide that maintenance be conducted by the county or the municipality, by both the county and the municipality, by the department, or by a combination of those entities. Based on the maintenance agreement and available funding, the department shall transfer funds from the account established in 61-3-321 (21)(a) to the appropriate county or municipality as provided for in the maintenance agreement. If the maintenance agreement provides for maintenance by the department, the department shall use the funds in the account for that purpose.
Mont. Code Ann. § 60-1-209 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-209
60-1-209 163rd infantry regiment (sunset division) heritage highway
Status: in_force

60-1-209 . 163rd infantry regiment (sunset division) heritage highway. (1) U.S. highway 2 from the eastern border to the western border of Montana, a distance of 670 miles, is established as the 163rd infantry regiment (sunset division) heritage highway.

(2) The department of transportation shall provide appropriate markers to recognize the new name of the highway.
Mont. Code Ann. § 60-2-244 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-244
60-2-244 Posted notice required at rest areas -- human trafficking hotline -- invasive species prevention
Status: in_force

60-2-244 . Posted notice required at rest areas -- human trafficking hotline -- invasive species prevention. The department of transportation shall display at each rest area within the limits of the right-of-way of interstate highways and other state highways:

(1) a poster created by the department of justice pursuant to 44-4-1501 that provides information regarding the national human trafficking resource center hotline; and

(2) a poster created by the invasive species council pursuant to 80-7-1203 that provides information related to preventing the spread of invasive species.
Mont. Code Ann. § 60-11-115 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-115
60-11-115 Revolving loan account -- statutory appropriation -- rulemaking
Status: in_force

60-11-115 . Revolving loan account -- statutory appropriation -- rulemaking. (1) There is a revolving loan account to be administered by the department. Any interest or income that is earned by the account and loan repayments must be deposited into the revolving loan account unless revenue bonds are issued to fund a loan, in which case the loan repayments must be deposited in the debt service account. The department may request the board of investments to issue revenue bonds, as provided in 60-11-117 through 60-11-119 , for the purpose of providing funds for a loan.

(2) The department may make loans from the account pursuant to 60-11-120 .

(3) Funds in the account that are deposited pursuant to former 49 U.S.C. 1654 must continue to be managed as local rail freight assistance program funds. Any additional federal funds received for local rail freight assistance programs or for railroad projects must be deposited in the account.

(4) There is statutorily appropriated, as provided in 17-7-502 , to the department up to $2 million annually for the purposes of making loans pursuant to 60-11-120 .

(5) Loans may not be made if the loan would cause the balance in the account to be less than $500,000.

(6) The department may adopt rules to implement 60-11-113 through 60-11-116 .
Mont. Code Ann. § 60-1-221 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-221
60-1-221 Joshua Thomas "Josh" Rutherford memorial highway
Status: in_force

60-1-221 . Joshua Thomas "Josh" Rutherford memorial highway. (1) There is established the Joshua Thomas "Josh" Rutherford memorial highway on the existing U.S. highway 2 from the community of Zurich to the boundary of the Fort Belknap reservation.

(2) When existing road signs on the designated highway need replacement, the department shall provide appropriate markers to recognize the memorial designation of the highway.

(3) Maps that identify roadways in Montana must be updated to reflect the memorial designation in subsection (1) when the maps are updated.
Mont. Code Ann. § 60-3-216 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-216
60-3-216 Terminated
Status: in_force

60-3-216 . Terminated. Secs. 4, 5, Ch. 456, L. 1995.
Mont. Code Ann. § 60-1-232 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-232
60-1-232 Flathead County veterans memorial
Status: in_force

60-1-232 . Flathead County veterans memorial. (1) The bridge spanning the south fork of the Flathead River near Hungry Horse, Montana, is dedicated to Flathead County veterans who have been killed in action.

(2) The department shall design and install appropriate signs on each end of the bridge marking the Flathead County veterans memorial.

(3) The department shall design and install a memorial plaque at a location near the bridge with the names of individual Flathead County veterans who have been killed in action.

(4) The legislature intends that the names of future Flathead County veterans who are killed in action be added to the memorial plaque.
Mont. Code Ann. § 60-1-223 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-223
60-1-223 David L. Briese Jr. memorial highway
Status: in_force

60-1-223 . David L. Briese Jr. memorial highway. (1) There is established the David L. Briese Jr. memorial highway on the existing Montana interstate 90 between mile 445 and mile 451.

(2) The department shall design and install appropriate signs marking the location of the David L. Briese Jr. memorial highway.

(3) Maps that identify roadways in Montana must be updated to include the location of the David L. Briese Jr. memorial highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-1-240 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-240
60-1-240 Jacob Allmendinger memorial highway
Status: in_force

60-1-240 . Jacob Allmendinger memorial highway. (1) There is established the Jacob Allmendinger memorial highway on the existing Montana state highway 86 from its intersection with Fairy Lake road to its intersection with Bracket Creek road.

(2) The department shall design and install appropriate signs marking the location of the Jacob Allmendinger memorial highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Jacob Allmendinger memorial highway when the department updates and publishes the state maps.