2023 Montana Code Annotated › Title 77. State Lands › Chapter 2. Transfers and Reservations of Property Interests › Part 1. Easements › 77-2-102. Application for easement -- survey exemptions

77-2-102. Application for easement -- survey exemptions.
(1) Application for an easement on state land must be made to the department. Except as provided in subsections (3) through (5), the application must describe the proposed right-of-way according to survey, show the necessity for the proposed highway or street or other easement, and give any additional information that the department requires.
(2) This application must be accompanied by two exact copies of the official plat of the proposed highway, street, or other easement, verified by the affidavit of the engineer or surveyor who prepared the application. These plats must show the quantity of land taken by the proposed highway or street or other easement for each 40-acre tract or government lot of state land over or through which it passes and also the amount of land remaining in each portion of that 40-acre tract or government lot. When considered necessary by the department, these plats must show all these facts for smaller subdivisions as the circumstances may render desirable for the state.
(3) The application must include the affidavit of a licensed engineer or professional surveyor stating that the methodology used is known to be accurate to within 5 meters. The survey must be tied to an established section corner or 1/4 corner monument. The department may request greater accuracy if the department determines that the information is needed to adequately describe the easement.
(4) If the purpose of the right-of-way applied for is the transmission or distribution of electrical energy or the construction and operation of pipelines or telephone, telegraph, or radio systems, the plats and measurements need not be given. An exact geographical survey is not required, but the application must include the description of the location of the center line of the right-of-way that refers to an established monument within a filed corner recordation form, certificate of survey, or subdivision plat. The accuracy requirements of subsection (3) must be met. The entire right-of-way may be applied for in one application with only one plat of the entire right-of-way required. An archaeological survey is not required if, in the opinion of the department, heritage property would not be impacted.
(5) (a) If the purpose of the right-of-way applied for is a regional water authority provided for in Title 75, chapter 6, part 3, the plats and measurements need not be given. An exact geographical survey is not required, but the application must include the description of the location of the center line of the right-of-way.
(b) The application provided for in subsection (5)(a) must be accompanied by electronic global positioning system data in the Montana coordinate system, the easement location depicted on a topographical map to a scale of 1:24,000, easement coordinates, and the quantity of land taken in each quarter-quarter section.
(6) (a) The department may waive survey requirements for rights-of-way or easements provided for in 77-2-101(2)(d) when there is sufficient information to define the boundaries of the right-of-way or easement to record the right-of-way or easement.
(b) An application for a private access road to private property must include:
(i) a description of appurtenant private lands historically accessed by the access road;
(ii) aerial photographs or images by an agency of the United States government dated prior to October 1, 1997, that depict the access road; and
(iii) easement location depicted on a topographical map to a scale of 1:24,000.
(c) An application for an existing county road must include:
(i) documentation establishing the road pursuant to Title 7, chapter 14, part 26;
(ii) aerial photographs or images by an agency of the United States government dated prior to October 1, 1997, that depict the county road; and
(iii) easement location depicted on a topographical map to a scale of 1:24,000.
(d) An application for an existing public utility infrastructure must include:
(i) evidence of installation prior to October 1, 1997, through submission of plant staking sheets, photographic evidence of dated infrastructure tags, or similar evidence; and
(ii) easement location depicted on a topographical map to a scale of 1:24,000.
History: En. Sec. 61, Ch. 60, L. 1927; re-en. Sec. 1805.61, R.C.M. 1935; amd. Sec. 1, Ch. 108, L. 1939; amd. Sec. 1, Ch. 99, L. 1951; amd. Sec. 1, Ch. 203, L. 1953; amd. Sec. 1, Ch. 200, L. 1965; amd. Sec. 54, Ch. 428, L. 1973; R.C.M. 1947, 81-803(part); amd. Sec. 1, Ch. 300, L. 1995; amd. Sec. 1, Ch. 277, L. 1999; amd. Sec. 69, Ch. 7, L. 2001; amd. Sec. 1, Ch. 160, L. 2007; amd. Sec. 2, Ch. 309, L. 2023.