reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-108. Maintenance of frontage roads

60-5-108. Maintenance of frontage roads.
Frontage roads shall be maintained by the department of transportation.
History: En. Sec. 1, Ch. 90, L. 1965; amd. Sec. 154, Ch. 316, L. 1974; R.C.M. 1947, 32-4308.1; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-109. Marking of controlled-access highway or facility with signs

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.
History: En. Sec. 10-109, Ch. 197, L. 1965; R.C.M. 1947, 32-4309.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-110. Commercial enterprise or structure prohibited -- exceptions

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.
History: En. Sec. 10-110, Ch. 197, L. 1965; R.C.M. 1947, 32-4310; amd. Sec. 18, Ch. 537, L. 1989; amd. Sec. 1, Ch. 168, L. 2003; amd. Sec. 1, Ch. 435, L. 2007; amd. Sec. 16, Ch. 267, L. 2017; amd. Sec. 1, Ch. 351, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 1. Control of Access › 60-5-111. Violations -- penalties

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.
History: En. Sec. 10-111, Ch. 197, L. 1965; R.C.M. 1947, 32-4311(1), (1)(e), (2); amd. Sec. 1932, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-501. Purpose

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.
History: En. Sec. 1, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-502. Definitions

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.
History: En. Sec. 2, Ch. 537, L. 1989; amd. Sec. 3, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-503. Rulemaking authority

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.
History: En. Sec. 15, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-504. Motorist information sign program -- department

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.
History: En. Sec. 11, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-505. Franchises

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.
History: En. Sec. 12, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-509. Contract requirements

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.
History: En. Sec. 13, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-510. Costs

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.
History: En. Sec. 14, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-511. Specific information signs within right-of-way of interstate highway system

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.
History: En. Sec. 3, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-512. Specific information signs -- number of business signs -- distances

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.
History: En. Sec. 4, Ch. 537, L. 1989; amd. Sec. 1, Ch. 260, L. 1993; amd. Sec. 1, Ch. 281, L. 1997.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-513. Sign composition -- spacing -- conformity with laws

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.
History: En. Sec. 5, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-514. Business eligibility -- criteria -- restrictions

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.
History: En. Sec. 6, Ch. 537, L. 1989; amd. Sec. 38, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-519. Tourist-oriented directional signs within right-of-way of primary highway system

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.
History: En. Sec. 7, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-520. Tourist-oriented directional signs -- number of business signs -- distances

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.
History: En. Sec. 8, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-521. Sign composition -- design -- conformity with standards and rules

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.
History: En. Sec. 9, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-522. Business eligibility -- criteria -- restrictions

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.
History: En. Sec. 10, Ch. 537, L. 1989; amd. Sec. 2, Ch. 260, L. 1993; amd. Sec. 39, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-526. Restrictions

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.
History: En. Sec. 16, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-527. Federal requirements -- conflict and accord

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.
History: En. Sec. 17, Ch. 537, L. 1989.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 5. Control of Access and Information Signs › Part 5. Information Signs › 60-5-530. Antilittering signs

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.
History: En. Sec. 1, Ch. 112, L. 2021.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-101. Highway encroachments -- permit -- immediate removal

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.
History: En. 32-4411 by Sec. 1, Ch. 231, L. 1975; R.C.M. 1947, 32-4411; amd. Sec. 1, Ch. 287, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 2, Ch. 303, L. 2019; amd. Sec. 2, Ch. 581, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-102. Notice of encroachment

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.
History: En. 32-4412 by Sec. 2, Ch. 231, L. 1975; R.C.M. 1947, 32-4412; amd. Sec. 3, Ch. 303, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-103. Encroachment not permanently affixed -- time limit for removal -- penalty

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.
History: En. 32-4413 by Sec. 3, Ch. 231, L. 1975; R.C.M. 1947, 32-4413; amd. Sec. 4, Ch. 303, L. 2019; amd. Sec. 3, Ch. 581, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-104. Unpermitted encroachment -- department action

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.
History: En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(1); amd. Sec. 5, Ch. 303, L. 2019; amd. Sec. 4, Ch. 581, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-105. Encroachment affixed to the land -- time limit for removal -- penalty -- immediate removal

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.
History: En. 32-4414 by Sec. 4, Ch. 231, L. 1975; R.C.M. 1947, 32-4414(2); amd. Sec. 6, Ch. 303, L. 2019.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 6. Highway Encroachments › Part 1. Removal of Encroachments by State Authorities › 60-6-106. Limitation of authority within incorporated municipalities -- exclusion outside incorporated municipalities -- inclusion due to lack of local ordinances

60-6-106. Limitation of authority within incorporated municipalities -- exclusion outside incorporated municipalities -- inclusion due to lack of local ordinances.
(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) "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.
History: En. Sec. 1, Ch. 581, L. 2023.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 1. Fencing of Open Range › 60-7-101. Purpose

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.
History: En. 32-2425.1 by Sec. 1, Ch. 255, L. 1974; R.C.M. 1947, 32-2425.1.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 1. Fencing of Open Range › 60-7-102. Definitions

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.
History: En. Sec. 1, Ch. 311, L. 1969; amd. Sec. 2, Ch. 255, L. 1974; amd. Sec. 91, Ch. 316, L. 1974; R.C.M. 1947, 32-2426(2); amd. Sec. 1, Ch. 204, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 1. Fencing of Open Range › 60-7-103. Department to fence right-of-way through open range -- exception

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.
History: (1)En. Sec. 1, Ch. 311, L. 1969; amd. Sec. 2, Ch. 255, L. 1974; amd. Sec. 91, Ch. 316, L. 1974; Sec. 32-2426, R.C.M. 1947; (2)En. 32-2429 by Sec. 5, Ch. 255, L. 1974; Sec. 32-2429, R.C.M. 1947; R.C.M. 1947, 32-2426(1), 32-2429; amd. Sec. 2, Ch. 204, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 2. Grazing of Livestock on Highways › 60-7-201. Grazing livestock on highway unlawful

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.
History: En. Sec. 1, Ch. 95, L. 1951; amd. Sec. 1, Ch. 186, L. 1961; Sec. 32-1018, R.C.M. 1947; amd. and redes. 32-21-176 by Sec. 7, Ch. 316, L. 1974; R.C.M. 1947, 32-21-176; amd. Sec. 6, Ch. 75, L. 1995.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 2. Grazing of Livestock on Highways › 60-7-202. Exclusions

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).
History: En. Sec. 2, Ch. 95, L. 1951; amd. Sec. 2, Ch. 186, L. 1961; Sec. 32-1019, R.C.M. 1947; amd. and redes. 32-21-177 by Sec. 8, Ch. 316, L. 1974; R.C.M. 1947, 32-21-177; amd. Sec. 24, Ch. 23, L. 1979; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 3, Ch. 204, L. 2001.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 2. Grazing of Livestock on Highways › 60-7-203. Penalty

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.
History: En. Sec. 3, Ch. 95, L. 1951; amd. Sec. 3, Ch. 186, L. 1961; Sec. 32-1020, R.C.M. 1947; amd. and redes. 32-21-178 by Sec. 9, Ch. 316, L. 1974; R.C.M. 1947, 32-21-178.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 2. Grazing of Livestock on Highways › 60-7-204. Flag escorts -- prohibitions against nighttime herding on public highways

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.
History: En. Sec. 1, Ch. 90, L. 1967; Sec. 32-1021, R.C.M. 1947; amd. and redes. 32-21-179 by Sec. 10, Ch. 316, L. 1974; R.C.M. 1947, 32-21-179; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 1933, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 7. Livestock on Highways › Part 2. Grazing of Livestock on Highways › 60-7-205. Violations

60-7-205. Violations.
A person who violates 60-7-204 is guilty of a misdemeanor.
History: En. Sec. 2, Ch. 90, L. 1967; Sec. 32-1022, R.C.M. 1947; amd. and redes. 32-21-180 by Sec. 11, Ch. 316, L. 1974; R.C.M. 1947, 32-21-180.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-101. Rail planning

60-11-101. Rail planning.
The department of transportation may administer rail planning activities.
History: En. Sec. 1, Ch. 324, L. 1979; amd. Sec. 16, Ch. 274, L. 1981; amd. Sec. 6, Ch. 512, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-110. Abandonment defined

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.
History: En. Sec. 1, Ch. 591, L. 1987.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-111. Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation

60-11-111. Identification and acquisition of railroad rights-of-way -- identification of railroad lines for rehabilitation.
(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 in 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.
History: En. Secs. 1, 2, Ch. 653, L. 1983; amd. Sec. 1, Ch. 564, L. 1985; amd. Sec. 2, Ch. 509, L. 1991; amd. Sec. 6, Ch. 512, L. 1991; amd. Sec. 1, Ch. 541, L. 1993; amd. Sec. 171, Ch. 418, L. 1995; amd. Sec. 66, Ch. 545, L. 1995; amd. Sec. 2, Ch. 496, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-112. Definitions

60-11-112. Definitions.
As used in 60-11-111, the following definitions apply:
(1) "Railbed" means the fee or lessor interest in the land 8.5 feet to either side of the centerline of the railroad track.
(2) "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.
History: En. Sec. 1, Ch. 509, L. 1991.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-113. Short title

60-11-113. Short title.
Sections 60-11-113 through 60-11-116 may be cited as the "Montana Essential Freight Rail Act".
History: En. Sec. 1, Ch. 602, L. 2005.
2023 Montana Code Annotated › Title 60. Highways and Transportation › Chapter 11. Rail Transportation › Part 1. General Provisions › 60-11-114. Purpose

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.
History: En. Sec. 2, Ch. 602, L. 2005.