reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-207. Agreements concerning analysis of effects of weight on highways

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.
History: En. Sec. 4-111, Ch. 197, L. 1965; amd. Sec. 79, Ch. 316, L. 1974; R.C.M. 1947, 32-2411.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-208. Seeding along highways

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.
History: En. Sec. 4-112, Ch. 197, L. 1965; amd. Sec. 6, Ch. 255, L. 1974; amd. Sec. 80, Ch. 316, L. 1974; R.C.M. 1947, 32-2412; amd. Sec. 243, Ch. 42, L. 1997; amd. Sec. 14, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-209. Description and plan of new highway or reconstructed or controlled-access facility

60-2-209. Description and 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 make a description and 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.
History: En. Sec. 4-113, Ch. 197, L. 1965; amd. Sec. 1, Ch. 131, L. 1969; amd. Sec. 81, Ch. 316, L. 1974; R.C.M. 1947, 32-2413.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-210. Payment of construction and maintenance costs within municipalities

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.
History: En. Sec. 1, Ch. 210, L. 1965; amd. Sec. 40, Ch. 316, L. 1974; R.C.M. 1947, 32-1627; amd. Sec. 1, Ch. 153, L. 1979; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 106, L. 1995.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-211. Bypassing of municipalities -- consent of municipal governing body

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.
History: En. Sec. 2, Ch. 210, L. 1965; amd. Sec. 41, Ch. 316, L. 1974; R.C.M. 1947, 32-1628.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-213. Interstate emergency maintenance service agreements

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.
History: En. Sec. 1, Ch. 167, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-216. Repealed

60-2-216. Repealed.
Sec. 35, Ch. 308, L. 1995.
History: En. Sec. 1, Ch. 423, L. 1985; amd. Sec. 34, Ch. 658, L. 1987.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-217. Signs identifying mountain ranges -- scenic loop highways -- costs -- responsibility of department

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.
History: En. Sec. 1, Ch. 325, L. 1987; amd. Sec. 1, Ch. 144, L. 1989; amd. Sec. 15, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-218. Welcome and farewell signs -- design, erection, maintenance -- completion date -- exceptions

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.
History: En. Sec. 1, Ch. 621, L. 1989; amd. Sec. 1, Ch. 363, L. 1995; amd. Sec. 16, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-219. Department authorized to accept and expend funds for welcome and farewell signs

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.
History: En. Sec. 2, Ch. 621, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-220. Cultural heritage areas -- signs -- location and design -- funding

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.
(5) As used in this section, "department" means the department of transportation provided for in 2-15-2501.
History: En. Secs. 1, 2, Ch. 127, L. 1993; amd. Sec. 48, Ch. 422, L. 1997; amd. Sec. 1, Ch. 497, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-225. Repealed

60-2-225. Repealed.
Sec. 8, Ch. 123, L. 2023.
History: En. Sec. 5, Ch. 267, L. 2017; amd. Sec. 29, Ch. 384, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-240. Use of postconsumer recycled materials in highway construction projects

60-2-240. Use of postconsumer recycled materials in highway construction projects.
(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) For the purposes of this section, "postconsumer recycled material" means recycled glass processed into glass cullet, reclaimed asphalt and concrete, and recycled tires.
History: En. Sec. 1, Ch. 166, L. 2011.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-241. Prohibited materials

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.
History: En. Sec. 1, Ch. 541, L. 1987; Sec. 60-2-221, MCA 1987; redes. 60-2-241 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-242. Markers -- commemorative highways

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.
History: En. Sec. 2, Ch. 321, L. 1997; amd. Sec. 2, Ch. 538, L. 2003.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-244. Posted notice required at rest areas -- human trafficking hotline -- invasive species prevention

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.
History: En. Sec. 2, Ch. 223, L. 2013; amd. Sec. 1, Ch. 456, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 2. Department of Transportation General Powers and Duties › 60-2-245. Construction projects -- project impacts -- notice

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.
History: En. Sec. 1, Ch. 100, L. 2017; amd. Sec. 1, Ch. 448, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 3. Ports of Entry, Checking Stations, and Interstate Cooperation › 60-2-301. Ports of entry and checking stations authorized

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.
History: En. Sec. 1, Ch. 137, L. 1965; amd. Sec. 84, Ch. 316, L. 1974; R.C.M. 1947, 32-2419.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 3. Ports of Entry, Checking Stations, and Interstate Cooperation › 60-2-302. Repealed

60-2-302. Repealed.
Sec. 1, Ch. 104, L. 1983.
History: En. Sec. 2, Ch. 137, L. 1965; amd. Sec. 85, Ch. 316, L. 1974; R.C.M. 1947, 32-2420.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 3. Ports of Entry, Checking Stations, and Interstate Cooperation › 60-2-303. Cooperation in use of ports of entry and checking stations

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.
History: En. Sec. 3, Ch. 137, L. 1965; amd. Sec. 86, Ch. 316, L. 1974; R.C.M. 1947, 32-2421.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 3. Ports of Entry, Checking Stations, and Interstate Cooperation › 60-2-311. Interstate agreements for tax and fee collection and port operation

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.
History: En. Sec. 1, Ch. 474, L. 1983.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 2. State Administration › Part 6. Scenic-Historic Byways Program › 60-2-601. Scenic-historic byways program -- advisory council -- expenditure of funds

60-2-601. Scenic-historic byways program -- advisory council -- 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) Notwithstanding the provision of 2-15-122, the commission shall appoint an advisory council for the scenic-historic byways program.
(3) The advisory council is a technical oversight council composed of no more than 11 members who must have expertise in one or more of the subjects of tourism, visual assessment, Montana history, resource protection, economic development, transportation, or planning. One member of the advisory council must be a representative of the Montana chamber of commerce.
(4) The advisory council shall:
(a) assist the department and the commission in designing the program;
(b) review applications for nominating roads to the scenic-historic byways program; and
(c) recommend to the commission roads that should be included in or deleted from the scenic-historic byways program.
(5) The department, upon the direction of the commission, may expend any funds appropriated for or otherwise available to the scenic-historic byways program.
History: En. Sec. 2, Ch. 546, L. 1999.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 1. Federal-Aid Funds › 60-3-101. Assent to federal law

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.
History: En. Sec. 4-101, Ch. 197, L. 1965; amd. Sec. 71, Ch. 316, L. 1974; R.C.M. 1947, 32-2401; amd. Sec. 7, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 1. Federal-Aid Funds › 60-3-102. Repealed

60-3-102. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 1, Ch. 286, L. 1967; amd. Sec. 87, Ch. 316, L. 1974; R.C.M. 1947, 32-2422.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 1. Federal-Aid Funds › 60-3-103. Repealed

60-3-103. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 2, Ch. 286, L. 1967; amd. Sec. 88, Ch. 316, L. 1974; R.C.M. 1947, 32-2423; amd. Sec. 8, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 1. Federal-Aid Funds › 60-3-104. Repealed

60-3-104. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 3, Ch. 286, L. 1967; amd. Sec. 89, Ch. 316, L. 1974; R.C.M. 1947, 32-2424.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 1. Federal-Aid Funds › 60-3-105. Repealed

60-3-105. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4, Ch. 286, L. 1967; amd. Sec. 90, Ch. 316, L. 1974; R.C.M. 1947, 32-2425; amd. Sec. 9, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-202. Repealed

60-3-202. Repealed.
Sec. 24, Ch. 267, L. 2017.
History: En. 32-2407.4 by Sec. 6, Ch. 390, L. 1977; R.C.M. 1947, 32-2407.4; amd. Sec. 12, Ch. 87, L. 1993; amd. Sec. 35, Ch. 220, L. 2015.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-203. Repealed

60-3-203. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-306, Ch. 197, L. 1965; amd. Sec. 95, Ch. 316, L. 1974; R.C.M. 1947, 32-2603; amd. Sec. 2, Ch. 62, L. 1983.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-204. Repealed

60-3-204. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-308, Ch. 197, L. 1965; amd. Sec. 1, Ch. 283, L. 1971; amd. Sec. 97, Ch. 316, L. 1974; amd. Sec. 1, Ch. 31, L. 1975; R.C.M. 1947, 32-2605; amd. Sec. 1, Ch. 22, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-205. Apportionment of state funds to primary highway system

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.
History: En. Sec. 4-309, Ch. 197, L. 1965; amd. Sec. 98, Ch. 316, L. 1974; amd. Sec. 2, Ch. 31, L. 1975; R.C.M. 1947, 32-2606; amd. Sec. 1, Ch. 412, L. 1983; amd. Sec. 13, Ch. 87, L. 1993; amd. Sec. 1, Ch. 177, L. 1999; amd. Sec. 17, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-207. Secondary highway information

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.
History: En. Sec. 4-311, Ch. 197, L. 1965; amd. Sec. 100, Ch. 316, L. 1974; R.C.M. 1947, 32-2608; amd. Sec. 3, Ch. 22, L. 1981; amd. Sec. 18, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-208. Repealed

60-3-208. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2607.1 by Sec. 1, Ch. 79, L. 1977; R.C.M. 1947, 32-2607.1; amd. Sec. 1, Ch. 35, L. 1979; amd. Sec. 4, Ch. 22, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-209. Repealed

60-3-209. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-312, Ch. 197, L. 1965; amd. Sec. 101, Ch. 316, L. 1974; amd. Sec. 4, Ch. 31, L. 1975; R.C.M. 1947, 32-2609; amd. Sec. 11, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-210. Repealed

60-3-210. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-313, Ch. 197, L. 1965; amd. Sec. 1, Ch. 290, L. 1973; amd. Sec. 102, Ch. 316, L. 1974; amd. Sec. 1, Ch. 318, L. 1974; R.C.M. 1947, 32-2610; amd. Sec. 5, Ch. 22, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-211. Apportionment of state funds to urban highway system

60-3-211. Apportionment of state funds to urban highway system.
(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) For the purpose of 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.
(3) 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.
History: En. Sec. 4-314, Ch. 197, L. 1965; amd. Sec. 103, Ch. 316, L. 1974; amd. Sec. 5, Ch. 31, L. 1975; R.C.M. 1947, 32-2611; amd. Sec. 6, Ch. 22, L. 1981; amd. Sec. 15, Ch. 87, L. 1993; amd. Sec. 1, Ch. 45, L. 2013.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-212. Interim apportionment to match federal-aid funds

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.
History: En. 32-2612 by Sec. 1, Ch. 402, L. 1973; R.C.M. 1947, 32-2612; amd. Sec. 12, Ch. 23, L. 1979; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-213. Repealed

60-3-213. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. 32-2613 by Sec. 1, Ch. 216, L. 1974; amd. Sec. 6, Ch. 31, L. 1975; R.C.M. 1947, 32-2613; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-214. Repealed

60-3-214. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. Sec. 4-307, Ch. 197, L. 1965; amd. Sec. 96, Ch. 316, L. 1974; R.C.M. 1947, 32-2604; amd. Sec. 7, Ch. 22, L. 1981; amd. Sec. 1, Ch. 38, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-215. Repealed

60-3-215. Repealed.
Sec. 19, Ch. 87, L. 1993.
History: En. 32-2614 by Sec. 1, Ch. 102, L. 1974; amd. Sec. 1, Ch. 78, L. 1977; R.C.M. 1947, 32-2614; amd. Sec. 13, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-216. Terminated

60-3-216. Terminated.
Secs. 4, 5, Ch. 456, L. 1995.
History: En. Sec. 1, Ch. 541, L. 1983; amd. Sec. 48, Ch. 281, L. 1983; amd. Sec. 5, Ch. 20, Sp. L. June 1986; amd. Sec. 2, Ch. 191, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-217. Terminated

60-3-217. Terminated.
Secs. 4, 5, Ch. 456, L. 1995.
History: En. Sec. 2, Ch. 541, L. 1983; amd. Sec. 1, Ch. 39, L. 1985; amd. Sec. 16, Ch. 87, L. 1993.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-218. Terminated

60-3-218. Terminated.
Secs. 4, 5, Ch. 456, L. 1995.
History: En. Sec. 3, Ch. 541, L. 1983; amd. Sec. 2, Ch. 39, L. 1985; amd. Sec. 17, Ch. 87, L. 1993.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-219. Allocation of funds -- apportionment

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.
History: En. Sec. 5, Ch. 87, L. 1993; amd. Sec. 5, Ch. 75, L. 1995.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-221. Repealed

60-3-221. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2615 by Sec. 1, Ch. 106, L. 1974; R.C.M. 1947, 32-2615; amd. Sec. 14, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-222. Repealed

60-3-222. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2616 by Sec. 2, Ch. 106, L. 1974; R.C.M. 1947, 32-2616.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-223. Repealed

60-3-223. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2617 by Sec. 3, Ch. 106, L. 1974; R.C.M. 1947, 32-2617.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-224. Repealed

60-3-224. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2618 by Sec. 4, Ch. 106, L. 1974; amd. Sec. 7, Ch. 31, L. 1975; R.C.M. 1947, 32-2618.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-225. Repealed

60-3-225. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2619 by Sec. 5, Ch. 106, L. 1974; R.C.M. 1947, 32-2619; amd. Sec. 8, Ch. 22, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-231. Repealed

60-3-231. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2620 by Sec. 1, Ch. 105, L. 1974; R.C.M. 1947, 32-2620; amd. Sec. 15, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-232. Repealed

60-3-232. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2621 by Sec. 2, Ch. 105, L. 1974; R.C.M. 1947, 32-2621; amd. Sec. 16, Ch. 23, L. 1979.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-233. Repealed

60-3-233. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2622 by Sec. 3, Ch. 105, L. 1974; amd. Sec. 8, Ch. 31, L. 1975; R.C.M. 1947, 32-2622.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 2. State Funds › 60-3-234. Repealed

60-3-234. Repealed.
Sec. 1, Ch. 46, L. 1985.
History: En. 32-2623 by Sec. 4, Ch. 105, L. 1974; amd. Sec. 9, Ch. 31, L. 1975; R.C.M. 1947, 32-2623; amd. Sec. 9, Ch. 22, L. 1981.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-301. Short title

60-3-301. Short title.
This part may be cited as the "Montana Shared-Use Path Act".
History: En. 32-2624 by Sec. 1, Ch. 544, L. 1975; R.C.M. 1947, 32-2624; amd. Sec. 17, Ch. 23, L. 1979; amd. Sec. 4, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-302. Shared-use path defined

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.
History: En. 32-2625 by Sec. 2, Ch. 544, L. 1975; R.C.M. 1947, 32-2625; amd. Sec. 5, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-303. Shared-use paths to be established -- funding

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.
History: En. 32-2626 by Sec. 3, Ch. 544, L. 1975; R.C.M. 1947, 32-2626; amd. Sec. 18, Ch. 23, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 60, L. 1989; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 1, Ch. 297, L. 1999; amd. Sec. 6, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-304. Duties of department of transportation

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) maintain a plan for maintenance and repair of all the shared-use paths described in subsection (3)(a);
(c) recommend construction and maintenance standards for shared-use paths;
(d) 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
(e) 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.
History: En. 32-2627 by Sec. 4, Ch. 544, L. 1975; R.C.M. 1947, 32-2627; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 7, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-308. Shared-use path project

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.
History: En. Sec. 1, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 3. Distribution and Apportionment of Highway Funds › Part 3. Shared-Use Paths › 60-3-309. Allocation of funds

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)(c) 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.
History: En. Sec. 2, Ch. 250, L. 2017.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-101. Rights acquired by public in highway

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.
History: En. Sec. 8-101, Ch. 197, L. 1965; R.C.M. 1947, 32-3901.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 4. Acquisition and Disposition of Property › Part 1. Acquisition of Property › 60-4-102. General power of department to acquire interests in property

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.
History: En. Sec. 8-102, Ch. 197, L. 1965; amd. Sec. 126, Ch. 316, L. 1974; R.C.M. 1947, 32-3902; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 1, Ch. 19, L. 2001.