reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.406 - SPECIFIC INFORMATION (LOGO) SIGN DESIGN AND ORDER

Current through Register Vol. 13, July 5, 2024
(1) Specific information (LOGO) signs shall
				comply with the standards for number of signs along an approach to an
				interchange or intersection provided in the MUTCD and the specifications in the
				contract between the department and the franchisee.
(2) The number of specific information (LOGO)
				signs along an approach to an interchange or intersection, regardless of the
				number of service types displayed, shall be limited to a maximum of
				four.
(3) No more than three types
				of services shall be represented on any sign or sign assembly. If three types
				of services are displayed on one sign, then the logo sign panels shall be
				limited to two for each service type (for a total of six logo sign panels). If
				two types of services are displayed on one sign, then the logo sign panels
				shall be limited to either three for each service type (for a total of six logo
				sign panels), or four for one service type and two for the other service type
				(for a total of six logo sign panels).
(4) Specific information signs shall be
				erected in the following order in the direction of traffic toward the exit:
				CAMPING, LODGING, FOOD, and GAS.
(5) Where there is insufficient space for all
				four specific service signs, or where there are business signs of two or more
				services competing for the unused space of another service, the following
				priority shall govern: GAS, FOOD, LODGING, and CAMPING. Where there is greater
				demand for signs in one service category than there is in a higher priority
				category, the franchisee may request approval from the department to set a
				different priority at that interchange.
60-5-503, MCA; IMP,
					 60-5-512,
					 60-5-513,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.407 - SPECIFIC SERVICE RAMP SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Specific
				service ramp signs may be installed at single-exit interchanges along the ramp
				or at the ramp terminal for facilities that have logo sign panels displayed
				along the main roadway if the facilities are not readily visible from the ramp
				terminal. Directions to the service facilities shall be indicated by arrows on
				the ramp signs. Logo sign panels on the ramp signs shall be duplicates of those
				displayed in the specific service signs located in advance of the interchange,
				but shall be reduced in size to meet standards in the MUTCD.
(2) Where the qualified business is located
				more than one mile from the interchange, mileage may also be given on the
				specific service ramp sign.
(3) The
				franchisee shall determine if a qualified business is visible from the traveled
				way, subject to review by the department.
(4) The exact location of the specific
				service ramp signs shall be determined by the franchisee, subject to review by
				the department.
(5) A minimum of
				100 feet is required between successive specific service ramp signs.
60-5-503, MCA; IMP,
					 60-5-513,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.408 - SPECIFIC SERVICE TRAILBLAZER SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Specific
				service trailblazer signs may be installed along crossroads where the route to
				the business requires a direction change, where it is questionable as to which
				roadway to follow, or where additional guidance is needed. Where it is not
				feasible or practical to install specific service trailblazer signs to a
				business, the business shall not be considered eligible for signing from the
				ramp and main roadway. A specific service trailblazer sign shall not be
				installed at the point where the business is visible from the roadway and its
				access is readily apparent.
(2) The
				location of other traffic control devices shall take precedence over the
				location of a specific service trailblazer sign. If conflicts with existing
				signs arise, the exact location of trailblazer signs shall be determined by the
				department.
(3) Each specific
				service trailblazer sign or sign assembly shall be limited to no more than four
				logo sign panels. The logo sign panels shall be duplicates of those displayed
				on the specific service ramp signs. Specific service trailblazer signs shall be
				erected in the same order as specific information (LOGO) signs.
(4) Specific service trailblazer signs shall
				indicate the direction to the qualified business and shall indicate mileage
				where the business is located more than one mile from the sign. Appropriate
				legends, such as directional arrows or a word message (e.g., "next right" or
				"second right") shall be displayed with the logo sign panel to provide proper
				guidance.
(5) All necessary
				specific service trailblazer signs must be erected before a business sign may
				be installed.
(6) The department
				may review the franchisee's determination of number and location of specific
				service trailblazer signs.
60-5-503, MCA; IMP,
					 60-5-513,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.409 - BUSINESS SIGNS - LOGO SIGN PANELS

Current through Register Vol. 13, July 5, 2024
(1) A business
				sign, or logo sign panel shall be an identification symbol, identification
				trademark, or a word message. Each business sign shall be placed on a separate
				logo sign panel that shall be attached to the specific service sign. Only a
				business name or trade name shall be used on business signs. If a nationally,
				regionally, or locally recognized trade name is available, it shall be used in
				preference to any other form of business identification.
(2) Any message which advertises rather than
				identifies a business is prohibited.
(3) Messages or trade names which interfere
				with, imitate, or resemble any official warning or regulatory signs, signals,
				or traffic control devices, or attempt or appear to attempt to direct the
				movement of traffic are prohibited.
(4) Symbols or trademarks used alone for a
				logo shall be reproduced in the colors and general shape consistent with
				customary use, and any integral legend shall be in proportionate size. A word
				message logo, not using a symbol or trademark, shall conform to color and
				letter height standards in the MUTCD.
(5) Business signs (logo sign panels) shall
				initially be placed on a specific information sign, having two rows of such
				signs in order of increasing distance as follows: Closest, upper left; second,
				lower left; third, upper center; fourth, lower center; fifth, upper right;
				sixth, lower right. On specific information (LOGO) signs with a single row of
				business signs, individual business signs shall be placed in order of
				increasing distance from left to right. Relative distance of each qualified
				business to the interchange shall be determined at the time of lease
				application. Later additions may be made without rearranging the remaining
				business signs.
(6) The order of
				arrangement for business signs on specific service ramp signs and specific
				service trailblazer signs will be determined by the direction of the arrow.
				Businesses located on the left shall be designated at the top of the
				sign.
60-5-503, MCA; IMP,
					 60-5-512,
					 60-5-513,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.410 - SUPPLEMENTAL MESSAGE SIGNS

Current through Register Vol. 13, July 5, 2024
(1) A portion of a
				logo sign panel may be used to display a supplemental message horizontally
				along the bottom of the logo sign panel, providing that the message displays
				essential motorist information, in conformance with all supplemental message
				standards contained in the MUTCD.
(2) All supplemental messages shall be
				displayed within the logo sign panel and conform to all MUTCD standards. A logo
				sign panel shall not display more than one supplemental message.
(3) Supplemental messages may include, but
				are not limited to, messages such as "diesel," "24 hours," "closed" and the day
				of the week when the facility is closed, "alternative fuels," and "RV access"
				after meeting any additional requirements of this rule for the appropriate type
				of supplemental message.
(4) An
				"auto repair" supplemental message may be displayed if qualified personnel are
				available to perform minor auto repair and tire repair at least eight hours per
				day, five days per week.
(5) A "24
				hour" supplemental message may be displayed if the fuel pumps are operable with
				major credit cards or personnel 24 hours each day, seven days per
				week.
(6) An "alternative fuel"
				supplemental message, including "diesel," "propane," "LP-Gas," or a MUTCD
				standard symbol for these messages may be displayed when those services are
				offered at a business facility.
(7)
				A "recreational vehicle (RV) access" supplemental message may be displayed
				horizontally or as a circular symbol, in conformance with all standards in the
				MUTCD, if the business meets all of the appropriate following requirements for
				the type of business facility:
(a) all
				facilities' roadway access and egress must be hard surface, free of potholes,
				and must be at least 12 feet wide with a minimum swing radius of 50 feet to
				enter and exit the facility;
(b)
				all facilities' roadway access, egress and parking facilities must be free of
				any overhead obstructions (e.g., wires, branches, signs, canopies) up to 14
				feet above the surface;
(c) all
				facilities must post directional signs on the site, as needed, to guide RVs to
				RV-friendly parking spaces and other on-site RV-friendly services, including
				additional guidance upon leaving a public highway and entering the facility's
				property;
(d) a facility requiring
				short-term parking, such as a restaurant, is required to have two or more
				spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to
				enter and exit the spaces;
(e) a
				fueling facility with canopies is required to have a 14 foot clearance and
				those selling diesel fuel are required to have pumps with noncommercial
				nozzles;
(f) a fueling facility
				must allow for pull-through with a swing radius of 50 feet; and
(g) a campground facility must have two or
				more spaces that are 18 feet wide and 45 feet long.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.420 - TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) All tourist-oriented directional signs
				(TODS) must meet the specifications contained in the Federal Highway
				Administration Manual on Uniform Traffic Control Devices (MUTCD) (2009),
				Sections 2.J. and 2. K., which are incorporated by reference, and a copy of
				which is available at //mutcd.fhwa.dot.gov.
(2) Tourist-oriented directional signs (TODS)
				may be erected and maintained within the right-of-way of the primary highway
				system or on conventional roads.
(3) A facility shall be eligible for
				tourist-oriented directional signs (TODS) only if it derives its major portion
				of income or visitors during the normal business season from road users not
				residing in the area of the facility. Tourist-oriented directional signs (TODS)
				may include businesses involved with seasonal agricultural products.
(4) A tourist-oriented directional sign
				(TODS) may not be erected if the place of business is readily visible from the
				main traveled roadway, unless the business meets the criteria for a TODS sign,
				but does not qualify for a permitted off-premise sign under the Montana Outdoor
				Advertising Act statutes and rules, as determined by the department.
(5) Where both tourist-oriented directional
				signs (TODS) and specific information (LOGO) signs would be needed at the same
				intersection, the tourist-oriented directional sign (TODS) shall incorporate
				the needed information from, and be used in place of, the specific information
				(LOGO) sign.
(6) An activity which
				is located more than 5 and less than 15 miles from a primary highway may
				request a waiver from the department for a tourist-oriented directional sign
				(TODS) panel. The waiver shall be given when the activity provides a service
				different from services located within five miles of the intersection and where
				the activity is not located within five miles of another primary highway or
				interstate where specific service or tourist-oriented signing is
				available.
60-5-503, MCA; IMP,
					 60-5-519,
					 60-5-520,
					 60-5-521,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.421 - TOURIST-ORIENTED DIRECTIONAL ADVANCE SIGNS

Current through Register Vol. 13, July 5, 2024
(1)
				Advance signs should be limited to those situations where sight distance,
				intersection vehicle maneuvers, or other vehicle operating characteristics
				require advance notification of the destinations and their
				directions.
(2) The design of the
				advance sign should be identical to the design of the intersection approach
				sign, but directional arrows and distances to the destinations should be
				omitted, and an action message (e.g., "next right" or "ahead") should be placed
				on the sign above the business identification sign panel. The legend "right
				½ mile" or "left ½ mile" may be used on advance signs when there
				are intervening minor roads.
(3) No
				tourist-oriented directional sign (TODS) may be erected until all necessary
				advance signs are in place.
60-5-503, MCA; IMP,
					 60-5-521,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.422 - DESIGN OF TOURIST-ORIENTED DIRECTIONAL SIGNS (TODS) AND PANELS

Current through Register Vol. 13, July 5, 2024
(1) The content of the legend on each sign
				panel shall be limited to the identification and directional information for no
				more than one eligible business, service, or activity facility. The legends
				shall not include promotional advertising.
(2) Each sign panel shall have a maximum of
				two lines of legend including no more than one symbol, a separate directional
				arrow, and the distance to the facility displayed beneath the arrow. Arrows
				pointing to the left or up should be at the extreme left of the sign panel.
				Arrows pointing to the right should be at the extreme right of the sign panel.
				Symbols, when used, should be to the left of the word legend or logo sign
				panel.
(3) General service sign
				symbols and the symbols for recreational and cultural interest area signs which
				meet all MUTCD standards, may be used. Logo sign panels for specific
				businesses, services and activities may also be used. Upon an applicant's
				request through the franchisee, the department shall determine whether hours of
				operation may be displayed on the sign panels.
(4) The tourist-oriented directional sign
				(TODS) may display the word message "tourist activities" at the top of the
				sign.
(5) Logos resembling official
				traffic control devices are prohibited.
(6) Tourist-oriented directional signs (TODS)
				shall meet all MUTCD standards for color and height of letters.
60-5-503, MCA; IMP,
					 60-5-521,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.423 - TOURIST-ORIENTED DIRECTIONAL SIGN (TODS) INSTALLATION

Current through Register Vol. 13, July 5, 2024
(1) Tourist-oriented intersection approach
				signs shall be located at least 200 feet in advance of the intersection. Signs
				should be spaced at least 200 feet apart and a least 200 feet from other
				traffic control devices.
(2) If
				used, advance signs shall be located approximately ½ mile from the
				intersection with 500 feet between the signs. In the direction of travel, the
				order of advance sign placement should be to show the destinations to the left
				first, then destinations to the right, and last, the destinations straight
				ahead.
(3) Tourist-oriented
				directional signs (TODS) may be placed farther from the edge of the road than
				other traffic control devices.
(4)
				The location of other traffic control devices shall take precedence over the
				location of tourist-oriented directional signs (TODS).
(5) The maximum number of tourist-oriented
				directional panels shall be 12 in each direction of travel at each
				intersection, and the maximum number of advance tourist-oriented directional
				panels shall be 9 in each direction of travel at each intersection.
(6) Where the number of activities to be
				signed is four or less at any one intersection, the tourist-oriented
				directional panels for right and left may be combined on one tourist-oriented
				directional sign. On a combination sign, the tourist-oriented directional
				panels will be arranged with the left arrows at the top and the right arrows
				below.
(7) Lateral clearance for
				tourist-oriented directional signs shall be equal to or greater than the other
				guide signs at the intersection. If adequate lateral clearance cannot be
				maintained due to terrain or other obstruction, tourist-oriented directional
				signs may not be installed.
(8)
				Where the right-of-way includes a sidewalk, tourist-oriented directional signs
				shall be erected beyond the outside edge of the sidewalk and are prohibited
				where there is insufficient right-of-way to erect the signs, except where prior
				approval from the department is obtained. (9) A tourist-oriented directional
				sign (TODS) must be placed at least 30 feet from the edge of the pavement,
				where possible.
60-5-503, MCA; IMP,
					 60-5-521,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.430 - APPLICATION PROCEDURE AND NOTICE

Current through Register Vol. 13, July 5, 2024
(1) An
				application for space on specific information (LOGO) signs or tourist-oriented
				directional signs (TODS) shall be submitted to the franchisee.
(2) An application shall only be made by the
				owner of a qualified business or the owner's designee.
(3) If the number of requests to place
				business signs on information sign panels, or number of requests to place
				tourist-oriented directional sign (TODS) panels exceed the available space, the
				franchisee shall use the following criteria to determine the allocation of
				spaces:
(a) In all instances, those
				businesses nearest to the interchange shall be given priority. Distances shall
				be measured from the gore of the exit along public highways to the nearest
				driveway of the business.
(b) The
				applicants must meet the minimum criteria of these rules.
(c) Where two qualified businesses are the
				same distance from the interchange and there is only space for one, the
				earliest application shall be given priority.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.431 - LEASE AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner shall
				sign a lease agreement with the franchisee on a form approved by the
				department. The lease agreement shall contain the written assurance required
				from the owner that the owner is in conformity with all applicable laws
				concerning the provision of public accommodations without regard to race,
				color, sex, culture, social origin or condition, or political or religious
				ideas.
(2) The franchisee shall
				review the owner's qualifications for compliance with the applicable criteria
				and shall only approve the lease agreement if the criteria are met.
(3) Upon approval of the lease agreement, the
				franchisee shall transmit a copy of the signed lease agreement to the
				owner.
(4) Lease agreements between
				the franchisee and businesses participating in the motorist information sign
				program must be for a minimum of one year.
(5) The franchisee shall install the business
				sign panel within 30 calendar days of the payment of the fees if the specific
				information (LOGO) sign assembly has already been installed or within 120
				calendar days of the payment of fees if the specific information (LOGO) sign
				assembly has yet to be installed. The franchisee shall install the
				tourist-oriented directional sign (TODS) within 120 days of the payment of
				fees.
(6) The owner may request a
				change to the business sign or tourist-oriented directional sign (TODS) copy
				during the term of the lease agreement if the copy conforms to the statutes and
				rules. The cost of changes in the copy may be charged to the owner. All
				installation of changed copy shall be conducted by the franchisee. The owner
				may also be charged an additional fee for each sign removed and remounted by
				the franchisee at the request of the owner.
(7) Before a lease agreement may be renewed,
				the franchisee must determine whether or not there are any qualified businesses
				closer to the interchange or intersection which wish to participate in the
				program. The lease agreement may not be renewed unless there are no other
				applicants and there is space on the specific information sign or
				tourist-oriented directional sign.
60-5-503, MCA; IMP,
					 60-5-505,
					 60-5-514,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.432 - MAINTENANCE

Current through Register Vol. 13, July 5, 2024
(1) The franchisee shall repair or replace
				within a reasonable period of time after notification of damage, any sign
				panels that are destroyed or damaged.
(2) The franchisee shall wash all signs at
				any time the reflectorized facing becomes dull.
(3) The franchisee shall conduct an
				inspection periodically on the breakaway mechanism for any dirt or other
				obstruction that may interfere with the breakaway mechanism. All bolts shall be
				loosened and retorqued to proper specification as required.
(4) All sign structures are the property of
				the state and only the franchisee or state-authorized personnel may enter the
				right-of-way to erect, maintain, repair, change copy, or access the sign
				structure in any manner for any reason.
(5) The department, at its cost, shall remove
				a motorist information sign if the location of the sign is required for highway
				purposes or activities including construction, reconstruction or maintenance.
				The department may re-erect any motorist information sign removed for highway
				purposes, at an approved substitute location, if possible, but has no
				obligation to relocate a sign or compensate for its removal.
(6) The department must notify the franchisee
				30 days prior to any highway maintenance, construction, or reconstruction
				project being let, or highway purposes of any kind which will require removal
				of any motorist information signs. After completion of the maintenance or
				construction operations, and relocation of the signs by the department, where
				possible, the department will notify the franchisee that the franchisee shall
				resume responsibility for maintenance of the sign.
(7) The department shall remove a motorist
				information sign if the department determines the placement or condition of the
				motorist information sign endangers the health, safety, or welfare of the
				public, or in the event the motorist information sign has become inconsistent
				or in violation of statute or administrative rule. The department has no
				obligation to compensate for a motorist information sign removal.
60-5-503, MCA; IMP,
					 60-5-505,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.433 - REMOVAL OF SIGNS AND COVERING SEASONAL SIGNS

Current through Register Vol. 13, July 5, 2024
(1)
				The franchisee must notify the owner by certified mail a minimum of 30 days in
				advance of the removal of the owner's business sign or tourist-oriented
				directional sign (TODS) for any cause.
(2) Business signs or tourist-oriented
				directional signs (TODS) may be removed for any of the following:
(a) Failure to pay fees.
(b) Violation of statute or administrative
				rule, including nondiscrimination statutes.
(c) Failure to meet the minimum criteria to
				qualify for the specific information (LOGO) sign program or the
				tourist-oriented directional sign (TODS) program.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.434 - GENERAL SERVICE SIGNS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will not install a new general service sign along interstate or primary
				highways for businesses which qualify for a specific information (LOGO) sign or
				a tourist-oriented directional sign (TODS).
(2) The department will remove any existing
				general service signs at any interchange when a specific information (LOGO)
				sign panel is installed for a business identified by a general service
				sign.
(3) The department will
				remove an existing general service sign on any primary highway when a
				tourist-oriented directional sign (TODS) is erected for a business identified
				by a general service sign.
(4) No
				new general service signs will be erected along interstate highways for
				businesses which qualify for specific information (LOGO) signs or along primary
				highways for businesses which qualify for tourist-oriented directional signs
				(TODS).
60-5-503, MCA; IMP,
					 60-5-501,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.435 - FEES

Current through Register Vol. 13, July 5, 2024
(1) The fee for placing business signs on
				specific information (LOGO) sign panels or tourist-oriented directional sign
				panels (TODS) may include the prorated cost for fabrication, erection,
				maintenance, or servicing of signs; removal or covering business signs; other
				costs associated with the program, including the department's cost in
				administering the program, and reasonable profit for the franchisee operating
				the program. The fee may include the specific service ramp sign, specific
				service trailblazer signs, and tourist-oriented advance signs (TODS) if needed.
				The fee for each space on specific information (LOGO) sign panels and
				tourist-oriented directional sign (TODS) panels shall be the same for all
				businesses.
(2) The department
				shall review the fees charged by the franchisee and any subsequent proposed
				increases and approve the fees if appropriate.
60-5-503, MCA; IMP,
					 60-5-510,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.436 - OVERSIGHT OF THE FRANCHISEE BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				The department may review all proposed sign locations to determine:
(a) franchisee compliance with statutes and
				rules;
(b) owner compliance with
				the motorist information sign program statutes and rules;
(c) owner compliance with nondiscrimination
				statutes; and
(d) whether a
				conflict exists with existing signs or future sign installations.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.101 - GENERAL POLICY (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-3-101 MCA; IMP, Sec.
					 60-3-101
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.102 - ENCROACHMENT PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Any person or
				entity proposing to encroach on a highway right-of-way within the jurisdiction
				of the department must obtain an encroachment permit from the
				department.
(2) An encroachment is
				any installation, device, object, or occupancy that is located at, above, or
				below the grade lines of the highway and within the right-of-way limits, and
				that is not installed as part of the highway facility by the
				department.
(3) Encroachment
				permits are not required for the following uses, which require a separate
				department-issued permit for the appropriate use:
(a) Utility facilities occupying right-of-way
				pursuant to department-issued utility encroachment permits or utility occupancy
				agreements; or
(b) Private
				driveways, road approaches, and curb cuts occupying right-of-way pursuant to
				department-issued approach permits.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.103 - ADMINISTRATION OF ENCROACHMENT POLICY (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 61-8-712 MCA; IMP, Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 61-9-712 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.104 - ENCROACHMENTS ON CONTROLLED ACCESS HIGHWAY RIGHT-OF-WAY

Current through Register Vol. 13, July 5, 2024
(1) No private use of right-of-way of
				highways under the jurisdiction of the department shall be allowed within and
				between the access control limits of a controlled access highway except:
(a) the department may approve individual
				private encroachments within the controlled access right-of-way, with prior
				concurrence from the Federal Highway Administration;
(b) encroachments within controlled access
				right-of-way must conform to all department statutes, rules, and design
				standards; and
(c) the encroachment
				must be constructed, maintained, and allow removal from the area outside of the
				access control limits.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.105 - ENCROACHMENTS ON NON-CONTROLLED ACCESS HIGHWAY RIGHT-OF-WAY

Current through Register Vol. 13, July 5, 2024
(1) No private use of non-controlled access
				highway right-of-way shall be allowed, except under department-issued
				encroachment permits.
(2)
				Overhanging Encroachments - Private advertising signs, eaves, marquees and
				similar devices may overhang the right-of-way, provided:
(a) the overhanging device is within an
				incorporated city, or is under the jurisdiction of another local unit of
				government which has ordinances or regulations allowing such overhang, and the
				overhanging device is in compliance with such ordinances or regulations;
(b) the overhanging device does
				not conflict with, or interfere with, traffic control signs, signals, or other
				devices, or with highway construction or maintenance operations, or with the
				public's use of the right-of-way;
(c) ground-mounted structures supporting the
				overhanging device must be located entirely off the public right-of-way;
				and
(d) The outermost portion of
				the overhanging device must be at least two (2) feet behind the curb or
				curbline in horizontal distance, and at least seven and one-half (7 1/2) feet
				above the top of the curb, sidewalk, or roadway shoulder elevation in vertical
				distance.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.105A - MAILBOXES AND NEWSPAPER DELIVERY BOXES (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-6-101 MCA; IMP, Sec.
					 60-6-101
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.106 - HARDSHIP CASES (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 61-8-712 MCA; IMP, Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1) and
					 61-8-712
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.107 - CONDITIONAL AGREEMENT FOR BUILDINGS AND FUEL PUMPS (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 61-8-712 MCA; IMP, Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 61-8-712
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.108 - APPLICATIONS AND PERMITS (Repealed)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1), and
					 68-8-712 MCA; IMP, Sec.
					 60-3-101 and
					 61-8-203,
					 61-8-706(1) and
					 68-8-712 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.110 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) The permittee shall hold harmless the
				department and its agents and employees against any action for personal injury
				or property damage sustained by reason of exercise of the permit.
(2) A decision to grant, deny, or revoke an
				encroachment permit is solely within the discretion of the
				department.
(3) The owner of an
				existing private encroachment who does not have a department-issued
				encroachment permit may retroactively apply for an encroachment
				permit.
(4) If a retroactive
				encroachment permit application is denied by the department, the existing
				encroachment must be removed, at the encroachment owner's sole expense, within
				two days after the permit denial.
(5) Any person proposing a change in
				encroachment use of highway right-of-way must obtain a new encroachment permit
				from the department.
(6) A
				non-permitted encroachment, not affixed permanently to the land, must be
				removed by the encroachment owner within two days after notice from the
				department, unless a retroactive permit is applied for by the encroachment
				owner and approved by the department.
(7) A non-permitted encroachment, which is
				affixed to the land, must be removed by the encroachment owner within five days
				after notice from the department, unless a retroactive permit is applied for by
				the encroachment owner and approved by the department.
(8) A non-permitted encroachment, whether or
				not affixed to the land, and not timely removed by the owner after notice, may
				be removed by the department under
				60-6-104 and
				60-6-105, MCA.
(9) If a non-permitted encroachment obstructs
				or prevents the use of the highway for vehicles, or constitutes a safety hazard
				to the traveling public, the department may immediately remove the encroachment
				without giving notice to the encroachment owner.
Sec.
					 60-2-201, MCA; IMP:
					 60-2-201,
					 60-6-101,
					 60-6-102,
					 60-6-103,
					 60-6-104,
					 60-6-105,
					 61-8-706,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.201 - PURPOSE OF UTILITY OCCUPANCY REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1)
				The purpose of these regulations is to prescribe conditions under which utility
				facilities may be accommodated on right-of-way of highways under the
				jurisdiction of the department of transportation. The principal objectives of
				these regulations are to achieve maximum public use of such highway
				right-of-way consistent with the laws of the state of Montana while yet
				providing maximum public safety, environmental protection, preservation of the
				highway investment and minimization of future conflicts between highway and
				utility facilities.
(2) These
				regulations are adopted and promulgated pursuant to the authority of the state
				of Montana department of transportation, hereinafter referred to as the
				department, to regulate occupancy of highway right-of-way. 23 CFR part 645,
				subpart B, has been used as a guideline in establishing the policies and
				procedures set forth in these regulations to the extent the provisions of 23
				CFR part 645, subpart B, are not inconsistent with the Constitution and laws of
				the state of Montana or with special local conditions and
				circumstances.
Sec.
					 60-3-101 and
					 60-4-402 MCA; IMP, Sec.
					 60-3-101 and
					 60-4-402
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.203 - SCOPE AND APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) These
				regulations apply to all portions of federal-aid highway systems in Montana and
				establish requirements for occupancy of highway rights-of-way by:
(a) Utility facilities having property rights
				which have not been extinguished as a result of the utility facilities having
				been relocated, or have not been extinguished by specifically acquiring the
				property rights in question. ARM
				18.7.211 covers and explains the
				status of and actions to be taken regarding situations where both a utility
				company and the department have property rights in a given piece of
				property.
(b) All other utility
				facilities as herein defined.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.204 - OCCUPANCY OF FULL CONTROLLED-ACCESS FACILITY RIGHT-OF-WAY

Current through Register Vol. 13, July 5, 2024
(1) Occupancy of full controlled-access
				facility right-of-way under right-of-way use agreements (UPAS interstate
				permit) may be permitted where the facility owner shows that:
(a) all requirements of
				60-4-601, MCA, and ARM
				18.7.219 are met;
(b) the accommodation will not adversely
				affect the safety, design, construction, operation, maintenance, or stability
				of the full controlled-access facility; and
(c) the accommodation will not be constructed
				or serviced by direct access from through traffic roadways or connecting
				ramps.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.205 - SUPERSEDED REGULATIONS AND PERMITS. (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 60-3-101,
					 60-4-402, MCA; IMP:
					 60-3-101,
					 60-4-402,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.206 - PRIVATE AND PUBLIC UTILITIES - RELOCATION COSTS

Current through Register Vol. 13, July 5, 2024
(1) All public utilities defined in ARM
				18.7.202
				may occupy commission-designated highway systems or state highway rights-of-way
				by utility occupancy agreement permits issued at the sole discretion of the
				department.
(2) All utility
				facilities not meeting the definition in ARM
				18.7.202
				are private utilities and may only occupy commission-designated highway systems
				or state highway rights-of-way by revocable utility encroachment permits issued
				at the sole discretion of the department.
(3) Public utilities granted utility
				occupancy agreement permits for public utilities occupying
				commission-designated highway systems are eligible for payment by the
				department for highway construction project costs of relocation in the
				percentages allowed pursuant to
				60-4-403, MCA,
				and the following terms:
(a) for publicly
				owned water or sanitary sewer facilities, when the actual cost of the work
				performed by a state contractor, excluding engineering costs, is under $25,000,
				the department will pay costs including materials, labor, traffic control, and
				mobilization;
(b) for publicly
				owned water or sanitary sewer facilities, when the actual cost of the work
				performed by a state contractor, excluding engineering costs, is over $25,000,
				the public utility owner must pay the owner's proportionate share as defined in
				60-4-403, MCA,
				of the actual costs charged by the contractor and the following costs:
(i) eight percent of the owner's
				proportionate share for traffic control;
(ii) eight percent of the owner's
				proportionate share for mobilization; and
(iii) the department's current indirect cost
				rate.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.207 - ELECTRONIC UTILITY PERMIT APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1) An applicant must apply for a utility
				encroachment permit or utility occupancy agreement (collectively Utility
				Permit) through the department's Utility Permitting Administration System
				(UPAS), through the department's website at
www.mdt.mt.gov
or mdtupas.com, for the
				installation of any utility facility on right-of-way under the jurisdiction of
				the department. The Utility Permit conditions and department's Montana
				Right-of-Way Utilities Manual set forth the procedures and conditions for all
				utility installations statewide. The department may impose additional
				restrictions or requirements for Utility Permits. The following conditions
				apply to all Utility Permit applications:
(a)
				Permits are only issued in the name of the utility owner;
(b) A utility owner, utility company, or
				utility company contractor may not begin any utility work on the right-of-way
				until an approved Utility Permit is issued by the department and the utility
				owner is authorized to proceed;
(c)
				The utility owner must provide the name of any contractor or subcontractor who
				will be conducting the installation, including contact information and an
				executed construction agreement if required by the department, within 60 days
				after the utility owner retains the contractor or subcontractor, or prior to
				commencement of work whichever occurs earlier;
(d) If the utility owner expects work to
				impact travel lane capacity, the utility owner must contact the appropriate
				department district office to discuss traffic control concepts in advance of
				submitting a Utility Permit application;
(e) The utility owner's construction forces
				and the utility contractor must keep a copy of the completed Utility Permit,
				including all attachments, at the work site at all times. All documents and the
				utility work are subject to department review at all reasonable times;
				and
(f) A pending application
				shall, if necessary, be modified by the utility owner to improve safety or
				facilitate alteration or maintenance of the right-of-way as determined by the
				department.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.211 - AREAS OF COMMON USE AND OWNERSHIP

Current through Register Vol. 13, July 5, 2024
(1) This
				section applies to those situations where both utility facilities and highway
				facilities occupy a given piece of land and where the utility has a real
				property interest in the said land. This situation most commonly occurs as
				follows: Prior to expansion, improvement, or new construction of the highway,
				the utility constructed its line on land where it had a compensable interest;
				subsequent to this, the highway was widened or newly constructed, and the area
				where the utility had property rights was purchased by the department; the
				utility was not required to be relocated for the physical construction of the
				road, but remained and continued to occupy the land in which the utility
				company had an easement (in this case, the utility continues to occupy an
				easement which predates the right-of-way acquisition by the department, and
				thus the utility continues to occupy land in which it has a compensable real
				property interest). The situation of joint use and joint occupancy can
				conceivably occur in other ways, but the above is far the most common manner
				which gives rise to the common use situation.
(2) In those situations described in (1)
				above, the parties should enter into a written agreement, thereby acknowledging
				their respective rights of ownership and use. Said written agreement may be a
				"common use agreement," or it may be of any other form acceptable to the
				parties and appropriate to the situation.
Rules
Sec.
					 60-3-101 and
					 60-4-402 MCA; IMP, Sec.
					 60-3-101 and
					 60-4-402
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.2 - Right-of-Way Occupancy by Utilities › Rule 18.7.219 - ELIGIBLE PROJECTS FOR LONGITUDINAL INTERSTATE USE

Current through Register Vol. 13, July 5, 2024
(1) A right-of-way use agreement is a lease
				as per 23 CFR
				710.105.
(2) An applicant must apply for a
				right-of-way use agreement from the department's Utility Permitting
				Administration System (UPAS) through the department's website at
www.mdt.mt.gov
or
www.mdtupas.com
. The procedures and
				conditions for all eligible project facility installations and maintenance are
				set forth in the right-of-way use agreement terms and conditions, ARM Title 18,
				chapter 7, subchapter 2, and the department's right-of-way utilities
				manual.
(3) An electronic use
				convenience fee is due upon submission of each UPAS application. Applications
				shall be reviewed in the order they are received. The department shall consider
				all relevant factors, including but not limited to:
(a) the maximum occupancy of facilities and
				remaining availability of interstate right-of-way at the proposed project
				location;
(b) the feasibility of
				the proposed project location and the impact to the traveling public's safety
				and convenience;
(c) conflicts with
				existing or future highway projects;
(d) the maintenance area necessary for the
				proposed project location; and
(e)
				the requirements set forth in
				60-4-601, MCA.