Mont. Code Ann. § 60-11-120 — MT Code / Title 60 / Chapter 11 / Part 1 / Section 60-11-120
60-11-120 Railroad and intermodal transportation facility loans -- authorization -- eligibility
Status: in_force

60-11-120 . Railroad and intermodal transportation facility loans -- authorization -- eligibility. (1) Money appropriated by the legislature for the purposes provided for in this section and pursuant to 60-11-115 must be used by the department, after deducting the necessary costs and expenses for administering this section, to provide loans for:

(a) the preservation and continued operation of railroad branch lines identified in 60-11-111 ; and

(b) the development, improvement, construction, purchase, maintenance, or rehabilitation of:

(i) intermodal transportation facilities except as prohibited by federal law;

(ii) branch lines or short lines;

(iii) sidings;

(iv) light density railroad lines; and

(v) rolling stock, including rail cars.

(2) An owner or operator of a railroad identified in 60-11-111 (2) is eligible for a loan under this section if the owner or operator:

(a) undertakes to repair, improve, or replace rail facilities to allow the continued operation of the railroad for local rail transportation service; and

(b) derives revenue from the continued operation of the railroad.

(3) A port authority created under Title 7, chapter 14, part 11, is eligible for a loan under this section if:

(a) the port authority is included in the state transportation planning process as described in 23 U.S.C. 135; and

(b) the purpose for which a loan is sought is integrally related to the railroad transportation system of the state.

(4) Applications for a loan must include:

(a) a financial statement;

(b) evidence of matching funds required pursuant to subsection (5);

(c) an operating or business plan that demonstrates the applicant's ability to repay the funds; and

(d) upon request of the department, an independent feasibility study.

(5) Pursuant to requirements of former 49 U.S.C. 1654, which is providing a portion of the funds under 60-11-115 , rehabilitation projects must be matched with 30% in other funds and new construction projects must be matched with 50% in other funds. The transportation commission, provided for in 2-15-2502 , shall establish matching fund requirements for other project categories.

(6) The transportation commission is responsible for determining funding recipients. Recipients must be determined using the guidelines provided in 60-2-110 .

(7) The department shall administer the Montana Essential Freight Rail Act with input from the department of commerce, the department of agriculture, and the governor's office.

(8) Funding recipients shall pay the standard prevailing wage on any construction projects or subcontracted construction projects conducted with funds received under this section.
Mont. Code Ann. § 60-5-509 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-509
60-5-509 Contract requirements
Status: in_force

60-5-509 . Contract requirements. All contracts made between the department and a franchisee must provide for:

(1) a requirement that the franchisee obtain liability insurance in an amount sufficient to jointly insure the state and the franchisee against all liability for claims for damages occurring wholly or in part because of the franchisee; and

(2) the standards for the size, design, erection, and maintenance that were adopted under 60-5-503 .
Mont. Code Ann. § 60-1-214 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-214
60-1-214 Warrior trail highway
Status: in_force

60-1-214 . Warrior trail highway. (1) There is established the warrior trail highway composed of existing U.S. highway 212 from the 510 exit at interstate 90 to the U.S. highway 212 intersection with the Wyoming border.

(2) When existing road signs along U.S. highway 212, as described in subsection (1), need replacement, the department shall erect road signs reflecting the name designation in subsection (1).

(3) The department shall erect signs, consistent in size with interstate directional signs, in northbound and southbound locations on interstate 90 so as to alert motorists of the exit to the warrior trail highway.

(4) Maps that identify roadways in Montana must reflect the name designation in subsection (1) when maps are updated or replaced.
Mont. Code Ann. § 60-7-204 — MT Code / Title 60 / Chapter 7 / Part 2 / Section 60-7-204
60-7-204 Flag escorts -- prohibitions against nighttime herding on public highways
Status: in_force

60-7-204 . Flag escorts -- prohibitions against nighttime herding on public highways. A person who owns, controls, or possesses livestock may not herd or drive more than 10 livestock on an interstate or state primary highway unless the livestock is preceded and followed by flag person escorts for the purpose of warning other highway users. Livestock may not be herded or driven on an interstate or state primary highway during nighttime, as that term is defined in 1-1-301 , except in a case of emergency. In the case of an emergency during the nighttime, the flag person escorts shall use adequate warning lights, such as but not limited to portable lamps, lanterns, or rotating beacons. This section does not apply during daytime at posted livestock crossings on highways.
Mont. Code Ann. § 60-2-209 — MT Code / Title 60 / Chapter 2 / Part 2 / Section 60-2-209
60-2-209 Plan of new highway or reconstructed or controlled-access facility
Status: in_force

60-2-209 . Plan of new highway or reconstructed or controlled-access facility. (1) Whenever the department establishes the location, width, and lines of any new, reconstructed, or proposed highway or the commission designates a road, street, or highway as a controlled-access facility, the department shall file a right-of-way plan showing the centerline and the established width, the immediate boundary lines of all private property over, across, or through which the highway passes, the name of the owner of the property, the boundaries of that part of the private ownership included within the right-of-way of the highway, the parcel number assigned to that part of each ownership included within the highway right-of-way, together with the project number under which the highway is or is proposed to be constructed or reconstructed.

(2) Reference to the project number, parcel number, and section or quarter section, tract, block, or lot from which the same has been subdivided is a valid description of the parcel in all deeds given to or received from the state in which a parcel is transferred.
Mont. Code Ann. § 60-4-103 — MT Code / Title 60 / Chapter 4 / Part 1 / Section 60-4-103
60-4-103 Purposes for which property acquired
Status: in_force

60-4-103 . Purposes for which property acquired. The acquisition of lands or other property or any interest therein for present or future highway purposes includes but is not limited to any of the following purposes:

(1) for rights-of-way, including those necessary for highways within cities;

(2) for exchanging lands or other property or any interest therein for other such lands or interests for rights-of-way or other authorized purposes. The right of eminent domain shall not be exercised for this purpose.

(3) for deposits of road building materials, including rock, gravel, sand, and earth, for reasonably foreseeable future road-building purposes and uses. The right of eminent domain shall not be exercised to acquire any such deposits which constitute a component part of an existing private business enterprise.

(4) for offices, weighing stations, shops, storage yards, buildings, rest areas, informational sites, or communication facilities;

(5) for parks adjoining or near any highway;

(6) for the culture and support of trees or shrubs which benefit any highway by aiding in the maintenance and preservation of the roadbed;

(7) for drainage in connection with any highway;

(8) for the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public;

(9) for the construction and maintenance of stock lanes or trails;

(10) for the construction and maintenance or replacement of private or public drainage systems or natural water or drainage courses made necessary by highway construction;

(11) for providing land or other real property easements or rights-of-way for necessary relocation of existing utilities, utility easements, or other easements for facilities or purposes then in place or in effect upon a proposed right-of-way.
Mont. Code Ann. § 60-1-207 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-207
60-1-207 Old forts trail
Status: in_force

60-1-207 . Old forts trail. The old forts trail is established as follows:

(1) beginning at the old fort park in Fort Benton, proceeding west via 20th street to Saint Charles street, along Saint Charles street to state highway 387, along state highway 387 to U.S. highway 87 to Havre, and continuing along state highway 233 and into Canada on Saskatchewan 21; and

(2) beginning at the old fort park in Fort Benton and proceeding west via 20th street to Saint Charles street, along Saint Charles street to state highway 223 north, southwest on U.S. highway 87 to the junction with state highway 564, north on state highway 564 to the junction with state highway 365, west on state highway 365 to the junction with state highway 225, north on state highway 225 to the junction with state highway 366, west on state highway 366 to the junction with state highway 417, north on state highway 417 to the junction with U.S. highway 2, west on U.S. highway 2 to the junction with interstate highway 15, north on interstate highway 15, and into Canada on Alberta highway 4.
Mont. Code Ann. § 60-5-502 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-502
60-5-502 Definitions
Status: in_force

60-5-502 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) "Business sign" means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection.

(2) "Crossroad" means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection.

(3) "Department" means the department of transportation provided for in 2-15-2501 .

(4) "Franchisee" means a person awarded a franchise as provided in 60-5-505 .

(5) "Motorist information sign" means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

(a) specific information sign; or

(b) tourist-oriented directional sign.

(6) "Motorist service" means gas, food, lodging, camping, recreation, and other tourist services.

(7) "Specific information sign" means a motorist information sign that is located on the interstate highway system and that contains:

(a) the words "GAS", "FOOD", "LODGING", or "CAMPING";

(b) directional information; and

(c) one or more individual business signs.

(8) "Tourist-oriented directional sign" means a motorist information sign located on the primary highway system to provide:

(a) business identification; and

(b) directional information for businesses, services, and activities of interest to tourists.
Mont. Code Ann. § 60-3-205 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-205
60-3-205 Apportionment of state funds to primary highway system
Status: in_force

60-3-205 . Apportionment of state funds to primary highway system. (1) Each year, the commission, based on recommendations developed by the department, shall apportion an amount of federal-aid highway funds for the primary highway system.

(2) The department shall develop the allocation recommendations through an asset management-based approach, including an analysis of future performance and condition of the primary highway system as a function of anticipated funding levels and improvement strategies.

(3) A financial district may not receive more than one-third of the total funds apportioned for the primary highway system. If a financial district would receive more than one-third of the total funds apportioned under the analysis in subsection (2), its allocation is limited to the one-third maximum and any excess funds that it would have received must be reallocated among the other districts according to the analysis.

(4) To the extent necessary to permit the orderly programming and construction of projects, the commission may transfer and obligate allocated primary highway system funds for any project located on the interstate highway or other national highway system routes within a financial district.
Mont. Code Ann. § 60-5-106 — MT Code / Title 60 / Chapter 5 / Part 1 / Section 60-5-106
60-5-106 Elimination of grade crossings
Status: in_force

60-5-106 . Elimination of grade crossings. (1) Each highway authority may provide for elimination of intersections at grade of controlled-access highways or controlled-access facilities with existing commission-designated highway systems and state highways, county roads, and city or town streets. Elimination must be accomplished at the boundary of the controlled-access right-of-way.

(2) After the establishment of any controlled-access highway or facility, a private or public highway or street that is not a part of the highway or facility may not intersect it at grade, except as may be provided in the resolution designating it a controlled-access highway or facility. A street, road, highway, or other public or private way may not be opened into or connected with any controlled-access highway or facility without the prior consent and approval of the appropriate highway authority that adopted the controlled-access resolution.

(3) The commission may, whenever it determines that the public safety is not impaired, authorize the continued intersection at grade of lightly traveled farm entrances and minor public roads as ways of access to controlled-access highways in sparsely populated rural areas. The commission has sole jurisdiction to determine the existence and location of any intersection with interstate highways, throughways, and other commission-designated highway systems and state highways.
Mont. Code Ann. § 60-3-219 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-219
60-3-219 Allocation of funds -- apportionment
Status: in_force

60-3-219 . Allocation of funds -- apportionment. The federal-aid highway funds allocated to the primary highway system for construction purposes must be apportioned among the five financial districts, corresponding to and congruent with the transportation commission districts established in 2-15-2502 .
Mont. Code Ann. § 60-3-206 — MT Code / Title 60 / Chapter 3 / Part 2 / Section 60-3-206
60-3-206 Apportionment of funds to secondary highway system -- definitions
Status: in_force

60-3-206 . Apportionment of funds to secondary highway system -- definitions. (1) Each fiscal year the department shall apportion at least 65% of the federal-aid highway funds allocated for the secondary highway system among the districts for capital construction needs. The remainder of the funds must be used by the department for secondary highway system pavement preservation. The proportion that each district receives is computed on the following basis:

(a) 30% in the ratio of land area in each district to the total land area in the state;

(b) 35% in the ratio of the rural population in each district to the total rural population in the state;

(c) 30% in the ratio of the rural road mileage in each district to the total rural road mileage in the state; and

(d) 5% in the ratio of the rural bridge square footage in each district to the total rural bridge square footage in the state.

(2) To the extent necessary to permit orderly programming and construction of projects, obligations in a district may exceed the amount apportioned to that district if a majority of the boards of county commissioners of the counties in another district approve the donation of the extra amount. The amount of excess obligations must be deducted from future apportionments to that recipient district and returned to the donor district.

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

(a) "Capital construction" means a highway or bridge project undertaken to improve structural strength, increase capacity, or eliminate hazardous design features. A capital construction project may include paved or gravel road reconstruction and rehabilitation.

(b) "District" means the transportation commission districts identified in 2-15-2502 .

(c) "Pavement preservation" means a project undertaken to extend the useful life of a paved road.

(d) "Rural bridge square footage" means the total square footage of all deck areas of structures 20 feet long or longer located on the roadways that are used to calculate rural road mileage as provided in subsection (3)(f).

(e) "Rural population" means the total population of all of the counties in a district as reported in the latest decennial federal census less the population in cities over 5,000 persons and their unincorporated fringe urban areas as determined by the department, using the latest decennial federal census.

(f) (i) "Rural road mileage" means all road mileage on roads functionally classified and approved by the transportation commission as major collectors or minor arterials, exclusive of road mileage on the primary highway system.

(ii) Road mileage within national parks or road mileage that lies within incorporated cities over 5,000 persons and their unincorporated fringe urban areas, whose population is determined by the department, using the latest decennial federal census, is not considered rural road mileage.

(iii) Rural road mileage reported by the road inventory of the department must be used in determining rural road mileage.

(4) For the purpose of determining secondary highway capital construction priorities within a district, each board of county commissioners in a district has one vote and the department has two votes. An existing paved secondary highway may not be converted to a graveled surface without the concurrence of the board of county commissioners in the county where the road is located.
Mont. Code Ann. § 60-2-113 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-113
60-2-113 Bidder's security -- contractor's bond
Status: in_force

60-2-113 . Bidder's security -- contractor's bond. (1) (a) Subject to subsection (1)(b), whenever the commission calls for competitive bidding, each bidder shall meet all requirements of Title 18, chapter 1, part 2.

(b) The commission may accept electronic bid bonds signed electronically or otherwise verified by the bidder and the surety.

(2) Each contractor awarded a contract by the commission shall meet all requirements set forth in Title 18, chapter 2, part 2. A contract is not considered to be completed until the commission, while formally convened, affirmatively accepts all of the work specified in the contract.
Mont. Code Ann. § 60-1-205 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-205
60-1-205 Charles M. Russell trail
Status: in_force

60-1-205 . Charles M. Russell trail. The portion of U.S. highway 87, state highway 200, between Great Falls and Lewistown and continuing to Jordan and the portion of state secondary road 543, connecting U.S. highway 87, state highway 200, to the Charles M. Russell national wildlife refuge, are established as the Charles M. Russell trail.
Mont. Code Ann. § 60-5-511 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-511
60-5-511 Specific information signs within right-of-way of interstate highway system
Status: in_force

60-5-511 . Specific information signs within right-of-way of interstate highway system. Specific information signs may be erected and maintained within the right-of-way of the interstate highway system to give the traveling public specific information as to motorist services available on a crossroad at or near an interchange.
Mont. Code Ann. § 60-1-216 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-216
60-1-216 Highway patrol officer Evan F. Schneider memorial highway
Status: in_force

60-1-216 . Highway patrol officer Evan F. Schneider memorial highway. (1) There is established the highway patrol officer Evan F. Schneider memorial highway on the existing U.S. highway 2 from the eastern boundary of the city of Columbia Falls to the western boundary of the city of Hungry Horse.

(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. § 60-1-245 — MT Code / Title 60 / Chapter 1 / Part 2 / Section 60-1-245
60-1-245 Danny L. Radish highway
Status: in_force

60-1-245 . Danny L. Radish highway. (1) There is established the Danny L. Radish highway on highway 37 from mile marker 63.6 to mile marker 66.8 in Lincoln County.

(2) The department shall design and install appropriate signs marking the location of the Danny L. Radish highway.

(3) Maps that identify roadways in the state must be updated to include the location of the Danny L. Radish highway when the department updates and publishes the state maps.
Mont. Code Ann. § 60-3-301 — MT Code / Title 60 / Chapter 3 / Part 3 / Section 60-3-301
60-3-301 Short title
Status: in_force

60-3-301 . Short title. This part may be cited as the "Montana Shared-Use Path Act".
Mont. Code Ann. § 60-2-126 — MT Code / Title 60 / Chapter 2 / Part 1 / Section 60-2-126
60-2-126 Designation of public highways -- apportionment of funds
Status: in_force

60-2-126 . Designation of public highways -- apportionment of funds. (1) For the purpose of apportioning state and federal-aid highway funds, the commission shall designate the public highways and streets to be placed on the following systems:

(a) the national highway system;

(b) the primary highway system;

(c) the secondary highway system; or

(d) the urban highway system.

(2) The commission shall consult with the board of county commissioners of the county in which a highway is located prior to designating a public highway to be placed on the secondary highway system.

(3) The commission shall consult with the appropriate local government authorities prior to designating a highway or street to be placed on the urban highway system.

(4) The commission may designate public highways not placed on the systems listed in subsection (1) as state highways.
Mont. Code Ann. § 60-5-505 — MT Code / Title 60 / Chapter 5 / Part 5 / Section 60-5-505
60-5-505 Franchises
Status: in_force

60-5-505 . Franchises. (1) The department may grant a franchise by public negotiation or bid to qualified persons to establish and operate the motorist information sign program authorized under 60-5-504 .

(2) A franchisee shall furnish, install, maintain, and replace motorist information signs for the benefit of businesses that provide motorist services for the general public and may lease space on the signs to eligible businesses.

(3) A franchisee shall comply with the provisions of 60-5-501 , 60-5-502 , 60-5-511 through 60-5-514 , and 60-5-519 through 60-5-522 and any other applicable state and federal laws and regulations.
Mont. Code Ann. § 60-4-601 — MT Code / Title 60 / Chapter 4 / Part 6 / Section 60-4-601
60-4-601 Interstate right-of-way -- department role -- definitions
Status: in_force

60-4-601 . Interstate right-of-way -- department role -- definitions. (1) The department of transportation may grant a right-of-way use agreement for the use of longitudinal right-of-way along interstate highways in the state for eligible projects that:

(a) provide evidence that construction and completion will result in a significant investment, a documented positive significant fiscal impact, or both, to the Montana economy within the first year of operation;

(b) are in the public interest; and

(c) are approved by the federal highway administration.

(2) To request a right-of-way use agreement in accordance with this section, the owner of an eligible project shall submit an application to the department that demonstrates compliance with subsection (1)and pay an application fee of $100. The department shall work with the applicant and the federal highway administration throughout the review process and approve or deny the application within 90 days of final approval by the federal highway administration.

(3) (a) Except as provided in subsections (3)(b) and (3)(c), the department and the applicant shall agree to the payment of the fair market value of the portion of the right-of-way where the project will be located prior to the right-of-way use agreement being granted.

(b) Applicants who seek an exception to paying the fair market value shall submit a request and justification to the department. The department shall submit to the federal highway administration the fair market value exception request for approval. If approved, the department may not charge the applicant for the right-of-way use agreement.

(c) An applicant may propose to the department an alternative to payment of fair market value by offering a comparable in-kind contribution.

(4) The department shall allow approved applicants for eligible projects to:

(a) enter into a right-of-way use agreement for a maximum 30-year term with the possibility of renewal upon expiration of the original term; and

(b) use the right-of-way for the construction and maintenance of project facilities in a safe and efficient manner as set forth in the right-of-way use agreement.

(5) Any relocation of facilities occupying the right-of-way is subject to 60-4-403 . The department shall work with applicants to minimize the potential for any future project impacts that may require the relocation of facilities occupying the right-of-way.

(6) The department may adopt rules necessary for the administration of this section, including application fees to be paid by an applicant seeking a right-of-way use agreement and any rules necessary to ensure the state is not prevented from receiving federal funds for highway purposes.

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

(a) "Eligible project" means a pipeline, fiber optic or other communications-type cables, wireless facility, associated infrastructure, and dedicated power sources.

(b) "Fair market value" means $100 a mile for each year, or $3,000 a mile for a 30-year term right-of-way use agreement. Applicants may choose to pay annually or in a lump sum for the full length of the term.

(c) "Public interest", including the determination of clean energy and broadband infrastructure projects that provide connectivity to Montana citizens, is determined by state policy and federal highway administration guidance and regulation, including but not limited to 23 CFR 710.403.
Mont. Code Ann. § 60-6-203 — MT Code / Title 60 / Chapter 6 / Part 2 / Section 60-6-203
60-6-203 Enforcement and penalties
Status: in_force

60-6-203 . Enforcement and penalties. (1) The department and law enforcement, including the Montana highway patrol and local law enforcement agencies, are empowered to provide notices and otherwise enforce this part and rules adopted pursuant to 60-6-204 .

(2) (a) A person who violates the provisions of 60-6-202 may be given written notice to vacate the state highway right-of-way and to remove the campsite and all personal property within 72 hours.

(b) Failure to comply with a written notice shall result in a civil fine not to exceed $50. All remaining personal property reasonably associated with the person notified may be disposed of by law enforcement or the department.

(3) Personal property not subject to notice under subsection (2) and left unattended in the state highway right-of-way may be disposed of by law enforcement or the department in the following manner:

(a) Law enforcement or the department shall post notice at the state highway right-of-way location that the personal property located within the area described in the notice must be permanently removed by the date stated in the notice, which may not be less than 120 hours from the time the notice is posted.

(b) After the conclusion of 120 hours from the time the notice is posted, personal property remaining on a state highway right-of-way within the area described in the notice may be disposed of by law enforcement or the department.

(4) The provisions of 60-6-203 and 60-6-204 do not limit or prevent any other available civil or criminal cause of action or remedy.