reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.257 - PUBLIC HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Whenever a
				public hearing is held on an EIS or an EA, the agency shall issue a news
				release or legal notice to newspapers of general circulation in the area to be
				affected by the proposed action prior to the hearing. The news release or legal
				notice must advise the public of the nature of testimony the agency wishes to
				receive at the hearing. The hearing must be held after the draft EIS has been
				circulated and prior to preparation of the final EIS. A hearing involving an
				action for which an EA was prepared must be held after the EA has been
				circulated and prior to any final agency determinations concerning the proposed
				action. In cases involving an applicant, the agency shall allow an applicant a
				reasonable time to respond in writing to comments made at a public hearing,
				notwithstanding the time limits contained in ARM
				18.2.246. The applicant may waive
				his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1)
				above, the agency shall take such other steps as are reasonable and appropriate
				to promote the awareness by interested parties of a scheduled
				hearing.
(3) The agency shall hold
				a public hearing whenever requested within 20 days of issuance of the draft EIS
				by either:
(a) 10% or 25, whichever is less,
				of the persons who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction
				over the action;
(c) an association
				having not less than 25 members who will be directly affected by the proposed
				action; or
(d) the applicant, if
				any.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.258 - FEES: DETERMINATION OF AUTHORITY TO IMPOSE

Current through Register Vol. 13, July 5, 2024
(1) Whenever an application for a lease,
				permit, contract, license or certificate is expected to result in the agency
				incurring expenses in excess of $2,500 to compile an EIS, the applicant is
				required to pay a fee in an amount the agency reasonably estimates, as set
				forth in this rule, will be expended to gather information and data necessary
				to compile an EIS.
(2) The agency
				shall determine within 30 days after a completed application is filed whether
				it will be necessary to compile an EIS and assess a fee as prescribed by this
				rule. If it is determined that an EIS is necessary, the agency shall make a
				preliminary estimate of its costs. This estimate must include a summary of the
				data and information needs and the itemized costs of acquiring the data and
				information, including salaries, equipment costs and any other expense
				associated with the collection of data and information for the EIS.
(3) Whenever the preliminary estimated costs
				of acquiring the data and information to prepare an EIS total more than $2,500,
				the agency shall notify the applicant that a fee must be paid and submit an
				itemized preliminary estimate of the cost of acquiring the data and information
				necessary to compile an EIS. The agency shall also notify the applicant to
				prepare and submit a notarized and detailed estimate of the cost of the project
				being reviewed in the EIS within 15 days. In addition, the agency shall request
				the applicant to describe the data and information available or being prepared
				by the applicant which can possibly be used in the EIS. The applicant may
				indicate which of the agency's estimated costs of acquiring data and
				information for the EIS would be duplicative or excessive. The applicant must
				be granted, upon request, an extension of the 15-day period for submission of
				an estimate of the project's cost and a critique of the agency's preliminary
				EIS data and information accumulation cost assessment.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.259 - FEES: DETERMINATION OF AMOUNT

Current through Register Vol. 13, July 5, 2024
(1)
				After receipt of the applicant's estimated cost of the project and analysis of
				an agency's preliminary estimate of the cost of acquiring information and data
				for the EIS, the agency shall notify the applicant within 15 days of the final
				amount of the fee to be assessed. The fee assessed must be based on the
				projected cost of acquiring all of the information and data needed for the EIS.
				If the applicant has gathered or is in the process of gathering information and
				data that can be used in the EIS, the agency shall only use that portion of the
				fee that is needed to verify the information and data. Any unused portion of
				the fee assessed may be returned to the applicant within a reasonable time
				after the information and data have been collected or the information and data
				submitted by the applicant have been verified, but in no event later than the
				deadline specified in these rules. The agency may extend the 15-day period
				provided for review of the applicant's submittal but not to exceed 45 days if
				it believes that the project cost estimate submitted is inaccurate or
				additional information must be obtained to verify the accuracy of the project
				cost estimate. The fee assessed must not exceed the limitations provided in
				75-1-203(2),
				MCA.
(2) If an applicant believes
				that the fee assessed is excessive or does not conform to the requirements of
				this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a
				hearing pursuant to the contested case provisions of the Montana Administrative
				Procedure Act. If a hearing is held on the fee assessed as authorized by this
				subsection, the agency shall proceed with its analysis of the project wherever
				possible. The fact that a hearing has been requested is not grounds for
				delaying consideration of an application except to the extent that the portion
				of the fee in question affects the ability of the department to collect the
				data and information necessary for the EIS.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.2 - Rules Implementing the Montana Environmental Policy Act › Rule 18.2.260 - USE OF FEE

Current through Register Vol. 13, July 5, 2024
(1) The fee
				assessed hereunder may only be used to gather data and information necessary to
				compile an EIS. No fee may be assessed if an agency intends only to compile an
				EA or a programmatic review. If a department collects a fee and later
				determines that additional data and information must be collected or that data
				and information supplied by the applicant and relied upon by the agency are
				inaccurate or invalid, an additional fee may be assessed under the procedures
				outlined in these rules if the maximum fee has not been collected.
(2) Whenever the agency has completed work on
				the EIS, it shall submit to the applicant a complete accounting of how any fee
				was expended. If the money expended is less than the fee collected, the
				remainder of the fee shall be refunded to the applicant without interest within
				45 days after work has been completed on the final EIS.
Sec.
					 75-1-202, MCA; IMP, Sec.
					 75-1-202,
					 75-1-203,
					 75-1-205,
					 75-1-206 and
					 75-1-207,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) Public contracts for construction, repair
				and public works are to be awarded to the lowest responsive, responsible
				bidder.
(2) The Montana department
				of transportation will debar or suspend contractors which violate these rules,
				and will not do business with, or allow prime and subcontractors to do business
				with, on department-related projects, persons debarred or suspended by the
				federal government, by another state, or by another agency of Montana state
				government.
(3) If a person commits
				an act, as defined in these rules, indicating that the person no longer merits
				the privilege of contracting with the department or participating in department
				projects, the department may begin proceedings under these rules to debar the
				person from bidding on or otherwise participating in department contracts or
				projects. A person's decision to bid upon or accept contracts with the
				department, or otherwise participate in department contracts, is a voluntary
				acceptance of the provisions of these rules and their requirements.
(4) Disputes under this process, while they
				are contested and part of the adversarial process of these rules and subject to
				their safeguards, are not a "contested case" under the Montana Administrative
				Procedure Act, in accordance with
				2-4-102, MCA.
(5) These provisions are in addition to other
				actions that may be taken against a person (i.e., criminal prosecution, civil
				actions for false, fraudulent or fictitious claims or to recover amounts
				incorrectly paid under such claims, disadvantaged business enterprise program
				decertification, etc.), and do not prevent other actions or sanctions from
				being taken, where considered appropriate.
60-2-201 and
					 60-3-101, MCA; IMP,
					 18-1-102,
					 18-2-313,
					 18-4-301,
					 60-2-111,
					 60-2-112, and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.104 - REASONS FOR DEBARMENT

Current through Register Vol. 13, July 5, 2024
(1) A person may be
				debarred upon adequate evidence that the person:
(a) Has been convicted of, or has committed,
				one of the following offenses, whether a violation of any state's or federal
				law or regulation, within the prior three years:
(i) Fraud or a criminal offense in connection
				with obtaining, attempting to obtain, or performing a public or private
				agreement or transaction;
(ii)
				Violation of federal or state antitrust statutes, including those proscribing
				price-fixing between competitors, allocation of customers between competitors,
				and bid-rigging;
(iii)
				Embezzlement, theft, forgery, falsification or destruction of records, making
				false statements, receiving stolen property, making false, fraudulent or
				fictitious claims, bribery, or obstruction of justice;
(iv) Any act prohibited by state or federal
				law committed in any jurisdiction involving conspiracy, collusion, lying or
				material misrepresentation with respect to bidding on any public or private
				contract, or fraud;
(v) Any felony
				(federal or state) or other offense indicating a lack of business or personal
				integrity, or business or personal honesty that seriously and directly affects
				the present integrity of a person;
(vi) Violation of a prior federal or state
				suspension or debarment; or
(vii)
				Any other cause of a serious and compelling nature which affects the
				responsibility of the contractor to be awarded contracts by the commission or
				department.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.105 - PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) If the department receives or learns of
				credible information that a person has engaged in conduct which may warrant
				debarment, the department shall initiate and follow the following
				procedure.
(2) The administrator of
				the division concerned with the alleged conduct or contract will obtain any
				information that may be readily obtained on the alleged conduct. If the
				administrator, deputy director, or department's legal counsel initially
				determines that there exists credible evidence that the person has committed a
				violation set forth above, they shall notify the director in writing of the
				known information supporting or rebutting such a determination.
(3) If the director, in his discretion,
				agrees that, from the information available, credible evidence exists that the
				person has committed a violation set forth above, the director shall mail,
				certified return receipt requested, a written notice to the person. The notice
				shall contain a statement of the pertinent facts, the alleged violations being
				considered, notice of the right to an administrative hearing, and that
				debarment is being considered. If debarment is proposed based on a debarment by
				another state or federal agency, a copy of that debarment or its notice letter
				will be attached.
(4) A person
				against which debarment is proposed shall be provided an opportunity for
				administrative hearing. A written request for hearing must be received by the
				department's chief counsel within 14 calendar days after the date of the
				mailing of the notice of the determination.
(a) Failure to timely submit a written
				request constitutes a waiver of the opportunity for administrative hearing and
				appeal, and a final debarment decision by default may then be entered by the
				director, which is not subject to appeal.
(b) Default orders will use the procedure
				stated in Model Rule 10, ARM
				1.3.214.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.1 - Contractor Debarment Procedures › Rule 18.3.106 - SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) Pending debarment proceedings or an
				investigation, which initial information or indications indicate may lead to
				discovery of facts for which debarment proceedings may be initiated, the
				department may suspend a person from contracting with the department or
				participating in department projects. Suspension may be used when there exists
				evidence of any of the debarment causes set forth in ARM
				18.3.104, and immediate action is
				considered necessary or prudent to protect the department or the public
				contracting process or safety.
(2)
				The scope of a suspension is the same as the scope of a debarment (see ARM
				18.3.103, above).
(3) Suspensions may last for a reasonable
				period pending the completion of an investigation and any debarment
				proceedings, but in no case more than six months. If legal or debarment
				proceedings are not initiated within six months after the date of the
				suspension notice, the suspension shall be terminated.
(4) Suspension will be imposed by written
				notice from the director, either at the director's discretion or on the written
				recommendation of the administrator of an affected division or the department's
				legal counsel.
(5) The suspended
				person will be immediately provided a copy of the director's letter imposing
				its suspension, the reasons therefor, that the suspension is temporary pending
				investigation of the reasons stated, and the suspension's effect, and the
				procedures available to the person under (6), below.
(6) In the absence of a department
				determination that public safety could be jeopardized if the suspension is not
				immediately imposed, the suspension will be effective five calendar days after
				the date of notice. Before the effective date of the suspension or within five
				calendar days thereafter, the suspended person may request a hearing to contest
				the suspension. If a hearing is timely requested, the director shall appoint a
				hearing officer, who will schedule a hearing. The hearing will be held not more
				than 10 calendar days after the request for hearing is received by the
				director. The hearing officer shall set a date, time, and place for the
				hearing, at which the department will present its reasons for seeking
				suspension of the person. The person shall be given the opportunity to respond
				to the department's reasons. Within five working days after the hearing, the
				hearing officer shall submit to the director:
(a) findings and conclusions as to whether or
				not a suspension is warranted; and
(b) a proposed order for the director's
				consideration;
(c) The director
				will issue the department = s decision on the issues raised by the person
				within five workdays of receipt of the findings, conclusions, and proposed
				order.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.3 - CONTRACTOR DEBARMENT › Subchapter 18.3.2 - Standards of Responsibility › Rule 18.3.201 - STANDARDS OF RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Among
				factors that may be considered in determining whether the standard of
				responsibility has been met are whether a prospective contractor (however that
				person will be participating in a department project) :
(a) has available the appropriate financial,
				material, equipment, facility, and personnel resources and expertise, or the
				reasonable ability to obtain them, necessary to indicate the capability to meet
				all contractual requirements;
(b)
				has a satisfactory record of integrity (e.g., has not violated department
				requirements, such as the DBE program, has not filed false or inflated claims
				on contracts, has not improperly used dyed fuels on department projects, etc.)
				on any public works contracts;
(c)
				is qualified legally to contract with the commission;
(d) has not failed to supply any necessary
				information in connection with any inquiry concerning the responsibility;
				and
(e) has a satisfactory record
				of past performance and contract compliance on any public works
				contracts.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.101 - ADMINISTRATION OF ENGINEERING DIVISION RULES

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-4-103,
					 2-4-201,
					 2-4-202, MCA ; IMP:
					 2-4-103,
					 2-4-201,
					 2-4-202,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.110 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of this subchapter, and unless the context
				  expressly indicates otherwise:
(1)
				"Department" means the Montana Department of Transportation.
(2) "Electronic bid submission" means a bid
				submitted via an electronic process established by the department by which
				bidders submit proposals or bids for contracts using a secure bid service
				provider selected by the department.
AUTH:
					 30-18-118,
					 60-2-201,
					 MCA IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 60-2-112,
					 60-2-113,
					 60-2-114,
					 60-2-201,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.111 - SUBMISSION OF TRANSPORTATION CONSTRUCTION BID

Current through Register Vol. 13, July 5, 2024
(1) Except as stated in (4), a person must
				submit a transportation construction bid to the department using an electronic
				bid and the electronic bid submission process established by the
				department.
(2) The bid must be
				submitted to the department by the date and time specified in the notice of bid
				or other similar document.
(3)
				Technical difficulties in accessing or posting to the department's bid service
				do not excuse late electronic bid submission.
(4) The department may accept a
				non-electronic bid submission for specific projects as designated in the notice
				of bid or contract special provisions. The bidder is solely responsible for
				ensuring a non-electronic bid submission is received by the department by the
				due date and time.
AUTH:
					 30-18-118,
					 60-2-201,
					 MCA ;IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 60-2-112,
					 60-2-113,
					 60-2-114,
					 60-2-201,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.112 - ELECTRONIC BID SUBMISSION

Current through Register Vol. 13, July 5, 2024
(1) In order for an
				electronic bid to be deemed properly submitted, the bid must contain all
				information required in the bid package and a digital signature.
(2) A bidder must be authorized by the
				department before submission of electronic bids.
(3) A bidder must use the secure electronic
				bid service selected by the department.
AUTH:
					 30-18-118,
					 60-2-201,
					 MCA ; IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 60-2-112,
					 60-2-113,
					 60-2-114,
					 60-2-201,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.113 - ACCEPTABLE TECHNOLOGY

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-18-118, MCA ;
					 IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.114 - PRIVATE AND PUBLIC KEYS

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-18-118, MCA ;
					 IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.1 - Administration of Rules › Rule 18.4.115 - VERIFICATION

Current through Register Vol. 13, July 5, 2024
AUTH:
					 30-18-118, MCA;
					 IMP:
					 30-18-104,
					 30-18-107,
					 30-18-109,
					 30-18-113,
					 30-18-114,
					 30-18-116,
					 30-18-117,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.4 - ENGINEERING DIVISION › Subchapter 18.4.2 - Construction Contracting › Rule 18.4.201 - ALTERNATIVE CONTRACT PROJECT DELIVERY METHODS

Current through Register Vol. 13, July 5, 2024
(1) Construction manager general contractor
				experience will not be a required scoring criteria for highway construction
				projects.
(2) The department must
				weight the in-person interview of each shortlisted proposer as at least half of
				the technical score. The technical proposal will account for the balance of the
				technical score.
AUTH:
					 60-2-201,
					 60-3-101, MCA; IMP:
					 60-2-111,
					 60-2-112,
					 60-2-134,
					 60-2-201, MCA; Ch. 145, L. 2023,
					 Section 1
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.101 - PREFACE (REPEALED)

Current through Register Vol. 13, July 5, 2024
60-2-201, MCA; IMP,
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.102 - GENERAL POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
60-2-201, MCA; IMP,
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Approach" means that section of the
				highway right-of-way between the outside edge of shoulder and the right-of-way
				line which is designed as a highway for the movement of vehicles between the
				highway and the abutting property.
(2) "Department" means the Montana Department
				of Transportation.
(3) "Person"
				means an individual, partnership, corporation, organization, or governmental
				agency.
(4) "Change in use"
				includes, but is not limited to, changes from residential to commercial,
				commercial to industrial, residential to industrial, or vice versa; or a change
				in the volume of traffic or use of an approach.
60-2-201, MCA; IMP,
					 60-2-201,
					 60-5-101,
					 60-5-105,
					 60-5-107,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.104 - APPROACH PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Any person
				wishing to construct a new approach or to modify an existing approach must
				obtain an approach permit from the department.
(2) Any person proposing a change in use of
				property served by an existing approach must obtain a new approach permit from
				the department.
(3) An application
				for an approach permit to construct or reconstruct an approach shall be made to
				the appropriate district office. The form can be found on the department's web
				site at
www.mdt.mt.gov
.
(4) The proper applicant for an approach
				permit is the owner of the property. The application must be signed by the
				owner of the property.
(5) A site
				plan drawing with sufficient detail shall be provided to the department to show
				the location of the work; preferably tied to the nearest highway milepost or
				station marker.
(6) The applicant
				shall submit an Environmental Checklist Form with the approach permit
				application. The form can be found on the department's web site at
www.mdt.mt.gov
.
(7) The department will not review or approve
				a permit application until all necessary information has been provided to the
				department.
(8) The department may
				set a time limit for building the requested approach. Failure to construct the
				approach within the specified time limit shall require the applicant to obtain
				a new approach permit.
(9)
				Construction work on the public right-of-way will not be allowed to commence
				until an approved permit has been issued.
(10) An approach permit will only be granted
				for property that has legal access to the highway right-of-way.
(11) A decision to grant, deny, or cancel an
				approach permit is solely within the discretion of the department.
60-2-201, MCA; IMP,
					 60-2-201,
					 60-5-101,
					 60-5-104,
					 60-5-105,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.105 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				construction of new or modified approaches shall be the responsibility of the
				permittee and shall be constructed in conformance with the applicable
				regulations and as approved by the department.
(2) During the progress of the work, the
				permittee shall erect and maintain such barricades, signs, and other traffic
				control devices as may be deemed necessary by the department.
(3) The permittee shall be responsible for
				any changes, maintenance, and/or repairs to existing approaches deemed
				necessary by the department.
(4)
				The department may make any changes, additions, repairs, or relocations to any
				approach or its appurtenances within the highway right-of-way.
(5) 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 his permit.
60-2-201, MCA; IMP,
					 60-2-201,
					 60-5-101,
					 60-5-104,
					 60-5-105,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.106 - DESIGN REQUIREMENTS FOR ACCESS DRIVEWAYS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.107 - PUBLIC ACCESS APPROACHES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.108 - PRIVATE ACCESS APPROACHES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.109 - MAIL BOX REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.110 - DRIVEWAY APPROACH APPLICATION AND PERMIT (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.111 - TYPICAL LAYOUTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 60-2-201 MCA; IMP, Sec.
					 60-2-201
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.112 - DESIGN REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The permittee
				shall furnish all materials necessary for the construction of the approaches
				and appurtenances authorized by the permit. This shall include drainage pipe,
				curb and gutter, concrete sidewalks, topsoil or sod, etc., as required. All
				materials, including base and surfacing, shall be of satisfactory quality and
				shall be subject to inspection and approval by the department.
(2) It shall be the responsibility of the
				permittee to supply, place, and properly compact the approach fill and base
				material in accordance with department requirements.
(3) Drainage in highway ditches shall not be
				altered or impeded except as authorized and approved by the
				department.
60-2-201, MCA; IMP,
					 60-2-201,
					 60-5-101,
					 60-5-104,
					 60-5-105,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.5 - PRECONSTRUCTION BUREAU › Subchapter 18.5.1 - Highway Approaches › Rule 18.5.113 - TYPICAL LAYOUTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
60-2-201, MCA; IMP,
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.101 - GENERAL POLICY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-204,
					 75-15-222, MCA; IMP,
					 75-15-204,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.102 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-204,
					 75-15-222, MCA; IMP,
					 75-15-204,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.103 - BASIC PROVISIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-214, MCA; IMP,
					 75-15-214,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.111 - NEW JUNKYARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-214,
					 75-15-222, MCA; IMP,
					 75-15-214,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.121 - EXISTING JUNKYARDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-204,
					 75-15-222, MCA; IMP,
					 75-15-204,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.131 - LICENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-214, MCA; IMP,
					 75-15-214,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.141 - FENCING AND&#47;OR SCREENING (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-222, MCA; IMP,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.1 - Junkyard Regulations › Rule 18.6.151 - ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-204,
					 75-15-205,
					 75-15-222, MCA; IMP,
					 75-15-204,
					 75-15-205,
					 75-15-222,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.201 - REGULATIONS - SUPPLEMENTARY (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-121, MCA; IMP,
					 75-15-121,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Abandoned
				sign" means a sign that is not maintained as required by these rules or meets
				any of the following:
(a) the sign remains in
				the absence of a valid lease or written permission from the
				landowner;
(b) the sign face is
				blank;
(c) the sign is
				obsolete;
(d) the sign is
				significantly damaged or dilapidated;
(e) the sign has not been erected;
(f) the sign or sign face has been removed;
				or
(g) the sign owner fails to pay
				the appropriate sign fees.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.203 - UNZONED COMMERCIAL ACTIVITY

Current through Register Vol. 13, July 5, 2024
(1) The following
				criteria shall be used to determine whether an activity qualifies an area to be
				considered unzoned commercial:
(a) the
				commercial activity and its associated buildings used to qualify an area must
				be located within 660 feet of the right-of-way of a controlled route;
(b) the commercial activity may not be
				located inside a structure which is also used as a residence, or in a building
				intended for use by the resident such as a garage or other outbuilding. If a
				residence exists on the location, the commercial activity must be located in a
				separate building from the residence, and must meet all requirements in this
				rule for utilities, etc.;
(c) the
				commercial activity shall have been in business at least one year prior to
				being considered as qualifying the area as an unzoned commercial
				area;
(d) the commercial activity
				must be clearly visible to the traveling public on the controlled route, be
				easily recognizable as a commercial activity, and have an on-premise sign,
				visible from the controlled route, which identifies the commercial
				activity;
(e) the commercial
				activity's associated building must be connected to two or more utilities; have
				a restroom; and be open to the public during regularly scheduled hours in
				excess of 20 hours per week, at least six months of a calendar year;
(f) the commercial activity must include a
				commercial building with a permanent foundation equipped with a permanent floor
				from material other than dirt, gravel, or sand;
(g) the commercial activity must have
				vehicular access that is normal and customary for ingress and egress to the
				commercial activity;
(h) the
				commercial activity must hold a current, valid business license issued by a
				local, county, or state government which authorizes the the commercial activity
				to operate from that location. If no business license is required for the
				location, a government-issued authorization for the business operation which
				establishes the length of time for the business operation at the specific
				location may be substituted with department approval;
(i) where a trailer, mobile home, or similar
				structure is used for the commercial activity's associated building, all
				wheels, axles, and springs shall be removed. The mobile home or similar
				structure must be permanently secured on piers, pad, or foundation;
				and
(j) a self-propelled vehicle
				shall not qualify for use as a commercial business or office for the purpose of
				these rules.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.204 - ON-PREMISE SIGNS - QUALIFYING LOCATIONS

Current through Register Vol. 13, July 5, 2024
(1) On-premise
				signs which advertise activities conducted on the property upon which they are
				located do not require a permit from the department. The department shall be
				the sole determinant as to whether a sign qualifies as an on-premise sign after
				meeting all requirements of the Outdoor Advertising Act and these rules.
(2) The sign must be located on
				the same premises as the activity or property advertised.
(a) Premises include the area occupied by the
				buildings and appurtenances associated with the activity such as parking lots,
				storage areas, processing areas, or areas for the physical uses that are
				customary to the activity, including open spaces landscaped, arranged and
				designed to be used in connection with the buildings or activities.
(b) Premises do not include vacant land, land
				used for unrelated activities, or land that is separated by other ownerships or
				roadways.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.205 - OFF-PREMISE SIGNS - LOCATIONS - COMPLIANCE WITH STATUTES, RULES, ORDINANCES

Current through Register Vol. 13, July 5, 2024
(1) Off-premise
				signs visible from a controlled route which advertise activities not conducted
				on the property on which the sign is located require a permit from the
				department. Any outdoor advertising sign or structure which generates income
				for the sale or lease of the outdoor advertising sign, or the sale, lease, or
				rental of advertising space on the sign requires an off-premise sign permit
				from the department. The department shall be the sole determinant as to whether
				a sign qualifies as an off-premise sign after meeting all requirements of the
				Outdoor Advertising Act and these rules.
(2) Off-premise signs may be located in areas
				that are zoned industrial or commercial by a bona fide state, county, or local
				zoning authority.
(3) Off-premise
				signs may be located in unzoned commercial or industrial areas, which area
				contains a qualifying commercial or industrial activity, as determined by the
				department in accordance with the Outdoor Advertising Act and ARM
				18.6.203 and
				18.6.206.
(4) Off-premise signs visible from a
				controlled route must not be located on government owned
				right-of-way.
(5) Off-premise signs
				located outside an incorporated area must not be more than 660 feet from the
				outer edge of the right-of-way.
(6)
				Off-premise signs located within an incorporated area must be in compliance
				with the setback requirements established by local ordinance or other
				regulation.
(7) Off-premise signs
				shall only be located on property for which the permit applicant or holder has
				written permission from the person lawfully in control of the property to erect
				and maintain an off-premise sign.
(8) Local transit authority bus shelters
				erected within the right-of-way on controlled routes, under an approved
				department encroachment permit, may display and maintain commercial
				advertisements, without obtaining an outdoor advertising permit, subject to the
				following requirements:
(a) commercial
				advertisements may only be placed on interior shelter panels with font size and
				message intended for viewing by shelter occupants, with only incidental
				visibility to the traveling public;
(b) commercial advertisements must not exceed
				24 square feet on each shelter panel;
(c) commercial advertisements must not be
				placed on the roof of the shelter; and
(d) commercial advertisements must not be
				placed on the exterior panels of the shelter.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.206 - UNZONED INDUSTRIAL ACTIVITY

Current through Register Vol. 13, July 5, 2024
(1) The following
				criteria shall be used to determine whether an activity qualifies an area to be
				considered unzoned industrial:
(a) the
				industrial activity and associated office building used to qualify an area must
				be located within 660 feet of the right-of-way of a controlled route;
(b) the industrial activity may not be
				located inside a structure which is used for a residence, or in a building
				intended for use by the resident such as a garage or other outbuilding. If a
				residence exists on the location, the location shall not qualify for use as an
				unzoned industrial area;
(c) the
				industrial activity must have been in business at least one year prior to being
				considered as qualifying the area as an unzoned industrial area;
(d) the industrial activity must be clearly
				visible to the traveling public on the controlled route, and be easily
				recognizable as an industrial activity, and have an on-premise sign, visible
				from the controlled route, which identifies the industrial activity;
(e) temporary or transient industrial
				activities may not be considered as a qualifying activity;
(f) an industrial activity's associated areas
				may include readily identifiable areas for which the primary uses are the
				manufacturing, servicing, or storage of goods;
(g) an industrial activity shall hold a
				current, valid business license issued by a local, county, or state government
				which authorizes the industrial activity to operate from that location. If no
				business license is required for the location, a government-issued
				authorization for the business operation which establishes the length of time
				for the business operation at the specific location may be substituted with
				department approval;
(h) the
				industrial activity must have an associated building with a permanent
				foundation, built or modified for its current industrial use. Where a trailer,
				mobile home, manufactured home, or similar structure is used for the associated
				building, all wheels, axles, and springs must be removed and the trailer,
				mobile home, or similar structure must be permanently secured on piers, pad, or
				foundation; and
(i) a
				self-propelled vehicle shall not qualify for use as the industrial activity's
				associated building for the purpose of these rules.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.212 - PERMIT APPLICATIONS - NEW SIGN SITES

Current through Register Vol. 13, July 5, 2024
(1) Applications
				for outdoor advertising permits will be processed in the order that they are
				received by the department. Applications will be date-and-time stamped upon
				receipt by the department.
(2) If
				applications for outdoor advertising permits are received by the department for
				two or more signs in such proximity to each other, or to existing permitted
				signs, or for any other reason such that only one of them may receive a state
				outdoor advertising permit, they will be considered in the order in which they
				are received by the department.
(3) An application rejected for
				incompleteness, inaccuracy, or other valid cause shall not retain its place
				before other competing applications (if any), but, if resubmitted, will be
				considered a new application as of the date and time it is received.
(4) Applications for permits must be
				submitted on forms provided by the department and must contain a minimum of the
				following:
(a) name, address, and signature
				of sign owner and land owner;
(b)
				location of proposed sign including highway number, nearest milepost, GPS
				longitude and latitude for the edge of the sign structure nearest to the
				controlled route, side of highway, county, and distance and direction to
				nearest sign;
(c) description of
				structure including width of sign, height of sign, height of structure, type of
				sign (single-faced, double-faced, v-type, multi-faced), lighted (yes/no), and
				estimated cost of construction to include labor and material; and
(d) property description or legal
				description.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.213 - PERMIT ATTACHMENT

Current through Register Vol. 13, July 5, 2024
(1) It is the
				responsibility of the sign owner to see that the proper permit is continuously
				attached to the sign or device for which it was issued.
(2) The permit plate must be attached
				immediately upon erection of the sign.
(3) The permit plate must be attached to the
				sign or the supporting structure near the lower left corner of the sign (or
				supporting pole/beam) facing the traffic. The permit plate must be visible from
				the roadway.
(4) Permits which are
				affixed to the wrong sign or are otherwise in violation of requirements may be
				revoked by the department if the deficiency continues for more than 30
				days.
(5) If the department revokes
				a permit, the sign for which the permit was issued becomes an illegal sign and
				must be removed. The permit plate must be destroyed and disposed of
				properly.
(6) If the original
				permit plate has been lost or destroyed, a replacement permit plate may be
				obtained from the department upon application and payment of a fee listed in
				ARM 18.6.215.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-122,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.214 - RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) A renewal notice may be sent by the
				department. The department's failure to issue such notice will not excuse the
				sign owner from the sign owner's duty to make proper application for renewal of
				a permit. Failure to submit the mandatory sign permit renewal fee within 30
				days after expiration of the permit may result in revocation.
75-15-121, MCA; IMP,
					 75-15-122,
					 MCA;