reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.215 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Fees must be
				transmitted by check payable to the Montana Department of Transportation. The
				department assumes no responsibility for loss in transit of such remittances.
				Applicants not submitting proper fees will be notified by the department.
				Inspection fees are nonrefundable.
(2) Permit fees shall be calculated based on
				total square footage of sign face or total square footage of sign faces
				combined (aggregate) when more than one sign face is present on a single
				structure.
(3) The fees shall be as
				follows:
(a) inspection fee (must accompany
				the sign permit application) $ 150.00
(b) initial permit fee based on aggregate
				size of all sign faces:
(i) 32 sq. ft. or
				less $ 10.00
(ii) 33 sq. ft. to
				375 sq. ft. $ 50.00
(iii) 376 sq.
				ft. to 672 sq. ft. $ 100.00
(iv)
				over 672 sq. ft. $ 150.00
(c) renewal fee (3 year cycle) based on
				aggregate size of all sign faces:
(i) 32 sq.
				ft. or less $ 15.00
(ii) 33 sq.
				ft. to 375 sq. ft. $ 75.00
(iii)
				376 sq. ft. to 672 sq. ft. $ 150.00.
(iv) over 672 sq. ft. $ 225.00
(d) replacement permit plate $
				20.00
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.221 - NEW SIGN ERECTION - CONSTRUCTION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Within 90 days
				of the date of issuance of the permit, which is the date the application was
				approved, the sign owner will:
(a) erect the
				sign structure;
(b) attach the
				permit plate to the sign structure;
(c) attach advertising materials or copy to
				the sign face;
(d) attach name
				plaque to structure identifying the sign owner;
(e) provide written and photo verification of
				the sign erection.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.231 - OFF-PREMISE SIGN STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Standards for
				off-premise permitted signs are found at
				75-15-113, MCA, and include the
				additional standards in this rule.
(2) Off-premise permitted signs must comply
				with the following spacing requirements:
(a)
				signs adjacent to an interstate highway, limited-access primary or National
				Highway System (NHS) highway must be a minimum of 500 feet apart on the same
				side of the roadway;
(b) signs
				adjacent to nonlimited access primary or NHS highways must be a minimum of 300
				feet apart on the same side of the roadway;
(c) signs, whether or not visible to the main
				traveled way of a controlled route, must not be located within 500 feet of an
				intersection in rural areas, or within 140 feet of an intersection in cities or
				towns, unless the sign is a bench with a maximum height of three feet at its
				highest point, or the sign is erected with the height above ground level (HAGL)
				of at least eight feet as measured at a right angle from the surface of the
				roadway at the centerline of the controlled route;
(d) sign spacing measurements must be
				measured along a line parallel to the centerline of the highway between points
				directly opposite the sign structure or advertising device;
(e) the minimum distance between signs shall
				be measured along the nearest edge of the pavement of the controlled route
				between points directly opposite the signs; and
(f) multi-faced signs shall be considered as
				a single sign.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.232 - PROHIBITED SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Commercial
				variable message signs are prohibited on controlled routes.
AUTH:
					 75-15-121, MCA ; IMP:
					 75-15-111,
					 75-15-113,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.236 - ADVERTISING ON TRANSIT SHELTERS AND BENCHES

Current through Register Vol. 13, July 5, 2024
(1) A transit
				outdoor advertising permit (transit advertising permit) must be obtained for
				commercial advertising on shelters or benches erected or placed along
				controlled routes. Transit advertising permits are prohibited on interstate
				routes.
(2) Shelters or benches
				eligible for transit advertising permits must be located within
				government-owned right-of-way, and must meet the following requirements:
(a) the applicant must be a local transit
				agency or governmental entity. Private applicants are not eligible for transit
				advertising permits;
(b) an
				application must include a department-issued encroachment permit or the
				equivalent local government permission allowing the shelter or bench to be
				located within the right-of-way. A copy must accompany the transit advertising
				permit application;
(c) an
				application must include local government approval on a form provided by the
				department. Applicants must comply with all applicable local regulations; and
(d) the applicant may submit
				multiple shelter or bench transit advertising permit applications
				simultaneously, and only one inspection fee is required for the applications
				within the same applicant's jurisdictional area.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.238 - COMMUNITY WELCOME TO SIGNS

Current through Register Vol. 13, July 5, 2024
(1) A community,
				county, or sovereign nation may erect welcome to signs within its territorial
				jurisdiction or zoning jurisdiction, as long as the community, county, or
				sovereign nation exercises some form of governmental authority over the area
				upon which the sign is located (e.g., city limits).
(2) Qualifying communities, counties, or
				sovereign nations may develop their own welcome to sign designs, and may also
				use their own pictographs and a brief jurisdiction-wide program slogan,
				providing the sign design complies with all provisions of this rule, and has
				been approved by the department before the sign is granted a permit or
				erected.
(3) Welcome to signs must
				not contain any form of commercial advertising. The name only, without any
				promotional information, of a sponsor, benefactor, or support group may be
				recognized on welcome to signs. Names of sponsors, benefactors, or support
				groups must be secondary to the welcome to sign. The area of the welcome to
				sign dedicated to a sponsor, benefactor, or sponsor group name must not be
				larger than one third the total size of the welcome to sign.
(4) Welcome to signs may only be placed in
				qualifying locations which meet the following requirements:
(a) on private or other government-owned
				property adjacent to controlled routes, with permission of the
				landowner;
(b) within
				state-controlled right-of-way limits along controlled routes, except for
				interstate routes, if placed 10 feet or more outside the highway clear zone,
				unless prior department approval has been given through the encroachment permit
				process. Right-of-way locations require verification by the applicant that at
				least two specific locations outside the right-of-way have been considered, but
				were unavailable; and
(c) where the
				welcome to sign does not distract drivers from official traffic control
				messages such as regulatory, warning, or guidance messages as determined by the
				department.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.239 - MOBILE ADVERTISING DEVICES - SIGNS ON VEHICLES

Current through Register Vol. 13, July 5, 2024
(1) Off-premise
				mobile advertising devices on vehicles which are traveling on controlled routes
				are not subject to the provisions of the Outdoor Advertising Act or
				administrative rules while traveling.
(2) Vehicles, trailers, or other portable
				objects displaying off-premise mobile advertising devices being used for
				outdoor advertising purposes must not be parked on public or private land
				visible to the traveling public from any place on a controlled route, whether
				the display is permanent or portable, regardless of the length of time the
				vehicle is parked in any one or more locations.
(3) Signs on registered or unregistered motor
				vehicles, including but not limited to: semi-truck trailers, buses, trucks,
				RVs, mobile homes, or similar wheeled conveyances, which are determined by the
				department to be permanently or semi-permanently parked and clearly advertising
				to a controlled route shall be prohibited unless properly permitted under the
				provisions of the Outdoor Advertising Act and these administrative
				rules.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-111,
					 75-15-113, MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.240 - TEMPORARY SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Temporary signs
				are considered on-premise signs and may be erected in all zoning districts
				along controlled routes without permits for the purposes described in this rule
				only. Temporary signs must comply with sign standards found in
				75-15-113, MCA, and ARM
				18.6.231, unless otherwise
				specified in this rule.
(2)
				Temporary signs must not:
(a) exceed 32
				square feet in size;
(b) be placed
				on any location other than private property and may only be placed with the
				permission of the property owner;
(c) be erected or maintained outside the time
				limits set forth in this rule for each category of temporary signs;
(d) be erected along interstate
				highways.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.241 - CHURCH AND SERVICE CLUB SIGNS

Current through Register Vol. 13, July 5, 2024
(1) A church,
				service club, or youth organization which conducts regular meetings may erect
				and maintain signs which give the name of the organization and the time and
				place at which regular meetings are held. Church and service club signs must
				comply with sign standards found in
				75-15-113, MCA, and ARM
				18.6.231, unless otherwise
				specified in this rule.
(2) Church
				and service club signs must not:
(a) have
				more than a total of four signs erected by any one group, of which no more than
				three can face in the same direction of travel;
(b) be more than five miles from where the
				meetings or functions are regularly held; and
(c) exceed eight square feet.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.242 - RANCH AND RURAL DIRECTIONAL SIGNS (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-15-121, MCA; IMP,
					 75-15-111,
					 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 18.6.243 - DIRECTIONAL SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Directional
				signs pertaining to natural wonders, scenic and historical attractions,
				nonprofit historical and arts organizations, or ranching, grazing, or farming
				activities may be erected and maintained providing the signs shall be limited
				to the identification of the attraction or activity and directional information
				useful to the traveler in locating the attraction, such as mileage, route
				numbers, or exit numbers. Directional signs must comply with sign standards
				found in 75-15-113, MCA, and ARM
				18.6.231, unless otherwise
				specified in this rule.
(2)
				Directional signs must not:
(a) have more
				than one sign, pertaining to the same activity, facing the same direction of
				travel, erected along a single route approaching the activity;
(b) be located more than 75 air miles from
				the activity if adjacent to the interstate system;
(c) be located more than 50 air miles from
				the activity if adjacent to the primary system;
(d) exceed 32 square feet with a maximum
				height of 4 feet and length of 8 feet; and
(e) use descriptive words, phrases, pictorial
				or photographic representations of the activity or its surrounding
				areas.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.244 - CULTURAL SIGNS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-15-121, MCA IMP:
					 75-15-111,
					 75-15-113,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.245 - NONCOMMERCIAL SIGNS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-15-121, MCA IMP:
					 75-15-111,
					 75-15-113,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.246 - POLITICAL SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Signs promoting
				political candidates or issues shall be placed on private property only and
				cannot be placed without the permission of the property owner. Political signs
				must comply with sign standards found in
				75-15-113, MCA, and ARM
				18.6.231, unless otherwise
				specified in this rule.
(2)
				Political signs must not be placed on or allow any portion to intrude in the
				public right-of-way or on public property.
(3) Political signs will not be considered in
				determining the spacing required between conforming off-premises outdoor
				advertising signs.
(4) Signs that
				pose a traffic hazard may be removed by the department without prior
				notification to the sign owner.
(5)
				Political signs do not require permits and are not subject to permit
				fees.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-111,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.247 - OFFICIAL SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Official signs
				must be erected pursuant to direction or authorization contained in federal,
				state, or local law, such that the office must be directed by statute or must
				have the specific authority by statute to erect and maintain signs and notices.
				Official signs must comply with sign standards found in
				75-15-113, MCA, and ARM
				18.6.231, unless otherwise
				specified in this rule.
(2)
				Official signs must not exceed 150 square feet.
(3) Official signs must be erected within the
				territorial jurisdiction or zoning jurisdiction of the public office or agency,
				such that the office or agency must exercise some form of governmental
				authority over the area upon which the sign is located.
(4) Official signs must be erected outside
				the right-of-way and maintained by a public office or agency.
(5) Official signs will not be considered in
				determining the spacing required between conforming off-premise outdoor
				advertising signs .
(6) A permit
				must be obtained for each official sign accompanied by a nonrefundable
				inspection fee. There is no initial permit fee or renewal fee for official
				signs.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-111,
					 75-15-113,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.248 - RECOGNITION OF SPONSORS, BENEFACTORS, AND SUPPORT GROUPS

Current through Register Vol. 13, July 5, 2024
(1) An on-premise nonprofit sign owner may
				recognize the name of a sponsor, benefactor, or support group if:
(a) the "thank you" identifies the name of
				the sponsor, benefactor, or support group, is of a noncommercial nature and
				does not include promotional information such as address, phone number, hours
				of operation, or product logos. Any advertising is prohibited;
(b) a permanent "thank you" display is
				limited to three recognition plaques whose size shall not exceed the size(s)
				applied for on the permit application and approved by the department;
(c) a changeable reader board display has a
				maximum display time of 20 minutes during a 14 day period;
(d) not more than three recognition plaques
				are erected on a sign structure which is visible to traffic proceeding in any
				one direction on any interstate or primary highway; and
(e) the sign owner obtains a permit from the
				department to display "thank you" recognition and the permit application
				includes the type of display and purpose for the recognition.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.251 - REPAIR OF NONCONFORMING SIGNS

Current through Register Vol. 13, July 5, 2024
(1) As per
				75-15-111, MCA, nonconforming
				signs lawfully in existence prior to April 21, 1995, may be maintained or
				replaced each year under the following requirements:
(a) a sign may be maintained each year if the
				value of the materials used in the maintenance does not exceed 75 percent of
				the value of the materials required to replace the sign new;
(b) the sign may be replaced, if damaged by
				vandalism, criminal acts, or tortious acts, at up to and including 100 percent
				of its replacement cost;
(c) the
				sign replacement must not result in an increase in the area used to display
				advertising copy nor an increase of height, width, or area over the current
				dimensions;
(d) the sign may not
				be illuminated, unless already illuminated before the repair or maintenance;
(e) the sign to be repaired or
				replaced may not replace wood poles with steel poles.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.252 - UPGRADE OR RELOCATION OF CONFORMING SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Upgrade or
				relocation of a conforming sign which results in a change from that shown on
				the last approved permit application will require a new application for upgrade
				of the existing permit. Applicants will be charged a nonrefundable inspection
				fee. Failure to obtain upgrade or relocation approval prior to performing the
				upgrade or relocation may result in revocation of the permit. Changes requiring
				upgrade or relocation approval include changes in:
(a) location;
(b) height;
(c) width;
(d) area on which copy appears;
(e) number or position of the facings;
(f) types of materials used (e.g.,
				wood to steel); or
(g) additions
				to the sign structure (e.g., adding lights).
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.261 - POLES (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 18.6.262 - SIGN STRUCTURES THAT ARE BLANK, ABANDONED, DILAPIDATED, DISCONTINUED, OR IN DISREPAIR

Current through Register Vol. 13, July 5, 2024
(1) When the
				department determines a permitted sign is an abandoned sign, the department
				shall notify the sign owner of the violation and require remedial action within
				60 days. If such action is not taken, the permit will be revoked and action for
				the removal of the sign will be taken as provided in
				75-15-131, MCA. An extension of
				time to accomplish the work may be granted at the sole discretion of the
				department upon written request from the sign owner stating the reason(s) for
				the request.
(2) A sign is in
				disrepair if the structure is unsafe or if the sign face is not visible to the
				traveling public.
AUTH:
					 75-15-121, MCA; IMP:
					 75-15-111,
					 75-15-113,
					 75-15-121,
					 75-15-131,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.263 - VIOLATION OF PROPERTY RIGHTS

Current through Register Vol. 13, July 5, 2024
(1) A permit
				for any sign which is erected or maintained in violation of the access control
				fence or line or in violation of any other restrictive easement or property
				right belonging to the state of Montana or any other subdivision thereof may be
				revoked by the department.
75-15-121, MCA; IMP,
					 75-15-121,
					 75-15-131,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.264 - DETERMINATION OF ILLEGAL OUTDOOR ADVERTISING-NOTICES-CORRECTIVE ACTION-ILLEGAL OUTDOOR ADVERTISING REMOVAL

Current through Register Vol. 13, July 5, 2024
(1) The department
				may determine outdoor advertising is unlawful or illegal under
				75-15-112, MCA, when a sign or
				sign structure is unsafe or a danger to the public, or has been constructed or
				is being maintained in violation of the provisions of the Outdoor Advertising
				Act or this chapter.
(2) If the
				department determines a permitted or nonpermitted sign is in violation of
				statute or rule, it shall give written notice to the owner or occupant of the
				land on which the sign is located, and to the owner of the sign, if known. If
				the sign owner is not known, or has failed to respond to department notices,
				the department may post notice of the statute or rule violation determination
				in a conspicuous place on the structure.
(3) The notice shall state the following:
(a) the location and description of the sign,
				sufficient for identification of the sign;
(b) a statement the department has found the
				sign to be in violation of statutes or rules on outdoor advertising, along with
				a general description of the conditions which cause the sign to be in
				violation;
(c) a determination by
				the department whether corrective action is possible and required to be
				taken;
(d) a requirement the
				corrective action shall be completed within 45 days from the date the notice
				was posted or received;
(e) notice
				the sign owner may request a hearing within 45 days to dispute the department's
				determination of statute or rule violation;
(f) notice the department will issue a
				default, revoke the permit (on permitted signs), and promptly remove the
				unlawful sign after 45 days if the corrective action is not completed (if
				appropriate), or a hearing requested.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.2 - Outdoor Advertising Regulations › Rule 18.6.271 - OUTDOOR ADVERTISING REGULATIONS TO APPLY TO RECENTLY DESIGNATED PRIMARY ROUTES (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 18.6.272 - FORM (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 18.6.3 - Railroad Crossing Signalization › Rule 18.6.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Active traffic control device" means a
				traffic control device activated by the approach or presence of a train, such
				as flashing light signals, automatic gates and similar devices, as well as
				manually operated devices and crossing watchmen, all of which inform motorists
				of the approach or presence of a train.
(2) "Circuitry" means electronic equipment
				which activates a signal.
(3)
				"Damage maintenance cost" means the cost of any crossing signal or activation
				equipment partially or wholly destroyed where replacement value cannot be
				obtained from persons responsible for such destruction.
(4) "Diagnostic review" means an on-site
				evaluation of a public highway railroad at-grade crossing to determine safety
				needs of a specific crossing.
(5)
				"Diagnostic review team" means a team consisting of an MDT representative, a
				railroad representative and a road authority representative and other experts
				as helpful or needed to evaluate a public highway railroad at-grade crossing to
				determine safety needs.
(6) "Free
				standing project" means a crossing surface installation on a state route
				independent of a highway construction project.
(7) "Improved crossing surface" means
				prefabricated material for placement at a public at-grade crossing to make the
				crossing surface smoother from end of tie to end of tie.
(8) "Montana department of transportation
				(MDT) " means the agency set forth in
				2-15-2501, MCA.
(9) "Overlay project" means an MDT
				construction project where the pavement is widened two feet or less on each
				shoulder.
(10) "Priority index"
				means a value established using a number of factors to evaluate a public
				highway railroad at-grade crossing for active traffic control
				devices.
(11) "Public highway
				railroad at-grade crossing" means a public roadway as defined in
				60-1-103, MCA, which crosses
				railroad tracks at the same elevation.
(12) "Railroad" means a railroad as defined
				in 69-14-101 and
				61-1-317, MCA, and used
				appropriately as per section.
(13)
				"Road authority" means the public entity having maintenance responsibility for
				a specified public roadway.
(14)
				"Traffic control device" means an official traffic control device as defined in
				61-1-403, MCA.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.302 - THE DIAGNOSTIC REVIEW PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A
				diagnostic review will be conducted by a diagnostic review team at the site for
				each public at-grade railroad crossing considered for:
(a) proposed signals;
(b) upgrade of existing signals;
(c) proposed removal of signals;
(d) circuitry upgrade;
(e) road approach work;
(f) closure;
(g) other safety improvements deemed
				necessary by the diagnostic review team; and
(h) interconnection between railroad signals
				and traffic control signals.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.303 - INFORMAL REVIEW PROCESS

Current through Register Vol. 13, July 5, 2024
(1) An informal
				review of a public at-grade crossing can be conducted by an MDT representative
				and other parties to perform:
(a) accident
				review;
(b) corridor
				study;
(c) area safety review;
				and
(d) recommendation to initiate
				a diagnostic review.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.304 - SIGNALIZATION

Current through Register Vol. 13, July 5, 2024
(1) All public at-grade crossings will be
				placed on a priority index by MDT. The priority index system is used to rate
				each public at-grade railroad crossing to determine the sequence in which
				public at-grade crossings will be considered for signals or additional signal
				work.
(a) These signal projects are funded by
				the MDT safety program. This program does not preclude the road authority or
				railroad paying for railroad signals to be installed at any public at-grade
				crossing.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.305 - ROAD APPROACH WORK

Current through Register Vol. 13, July 5, 2024
(1) The diagnostic
				review team will determine if road approach work is necessary which may
				include:
(a) constructing the approaches to
				road authority standards;
(b)
				improving the horizontal and vertical alignment;
(c) increasing sight distance; or
(d) other safety improvements deemed
				necessary by the diagnostic review team.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.306 - SIGNAL UPGRADE

Current through Register Vol. 13, July 5, 2024
(1) On a schedule
				determined by the MDT, all railroad companies will be requested to submit
				information to MDT concerning existing public at-grade signals which need to be
				upgraded including the following information:
(a) age of the signal circuitry and other
				signal equipment and availability of parts;
(b) condition of the system; and
(c) proposed scope of work.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.307 - SIGNAL REMOVAL

Current through Register Vol. 13, July 5, 2024
(1) A diagnostic
				review will be conducted to determine the following:
(a) recommending removal of a signal from a
				public atgrade crossing, and the level of traffic control required if a signal
				is removed;
(b) retaining a signal
				due to unusual circumstances; and
(c) recommending other safety improvements
				deemed necessary by the diagnostic review team.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.308 - CROSSING CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Public highway
				railroad at-grade crossings should be evaluated for closure by the diagnostic
				review team to determine the feasibility of closing or consolidating public
				at-grade crossings. A diagnostic review will be conducted to determine the
				following:
(a) crossings to be
				closed;
(b) crossings to be opened
				to facilitate the closure of other crossings;
(c) road authority and railroad work
				necessary to accomplish closure;
(d) cost sharing responsibility;
				and
(e) recommending other safety
				considerations as deemed necessary by the diagnostic review team.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.309 - SIGNALIZATION HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) If requested by
				the board of county commissioners under
				60-2-121, MCA, the Montana
				transportation commission shall conduct a public hearing for proposed
				signalization of any public at-grade railroad crossing.
(2) The Montana transportation commission
				shall fix a reasonable time for a hearing pursuant to (1) above and give public
				notice thereof to the county commission, parties requesting notice of the
				hearing, and the public by publishing notice in a newspaper of general
				circulation in the community for three consecutive weeks at least 30 and not
				more than 120 days prior to such hearing.
(3) The hearing may be conducted by a
				hearings examiner appointed by the Montana transportation commission.
(4) The hearings examiner, if one is
				appointed, shall make a written recommendation within 30 days to the Montana
				transportation commission. If no hearings examiner is appointed, the matter
				shall be heard by the Montana transportation commission. The decision of the
				Montana transportation commission shall be final.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.310 - CROSSING CLOSURE AND SIGNAL REMOVAL HEARINGS

Current through Register Vol. 13, July 5, 2024
(1)
				The road authority will publish a notice of proposed closure of any public
				at-grade crossing or of proposed removal of a railroad signal for any public
				highway railroad at-grade crossing in a newspaper of general circulation in the
				county in which the closure or signal removal is to be made. The notice of
				proposed closure or signal removal is to be given not less than 30 days or more
				than 120 days prior to the proposed closure or signal removal. Publication
				shall occur on three consecutive weeks.
(2) If requested in writing, by an interested
				party, railroad, or a government entity, the road authority shall hold a public
				hearing to determine whether the crossing shall be closed or the signal
				removed.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.311 - OWNERSHIP AND MAINTENANCE RESPONSIBILITIES FOR PUBLIC AT-GRADE RAIL HIGHWAY CROSSINGS

Current through Register Vol. 13, July 5, 2024
(1) The road
				authority will own the railroad signal.
(2) Except in cases in which there is an
				encroachment onto the roadway by a railroad track, the road authority is
				responsible for installation and maintenance of the roadway, signs, except for
				crossbucks, and pavement markings in accordance with the Manual on Uniform
				Traffic Control Devices (MUTCD), 1988 edition, and any amendments thereto which
				are in effect as of the date this rule is adopted, published by the U.S.
				department of transportation, federal highway administration, which is hereby
				incorporated by reference. A copy of the current MUTCD can be obtained from the
				Supervisor of the Utilities Section, Montana Department of Transportation, 2701
				Prospect Avenue, Helena, MT 59620-1001. The road authority is responsible for
				the roadway between multiple tracks. In cases in which there is an encroachment
				onto the roadway by a railroad track, all construction and maintenance costs
				associated with the encroachment will be paid by the owner of the encroaching
				railroad track, including grade crossing signals if deemed necessary.
(3) The road authority will pay for the
				repair or replacement cost (damage maintenance cost) of the signal and
				activation equipment in the event of damage and the responsible party for the
				damage cannot be identified or will not pay.
(4) The railroad is responsible for
				maintaining the signals and crossbuck signs and the crossing surface from end
				of the railroad tie to the other end of the railroad tie.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.312 - SIGNAL REARRANGEMENT, RELOCATION, OR ALTERATION RESPONSIBILITY FOR PUBLIC AT-GRADE HIGHWAY CROSSINGS

Current through Register Vol. 13, July 5, 2024
(1) When a
				project improvement necessitates a rearrangement, relocation, or alteration of
				the signals at a crossing, the party whose improvement causes such change will
				pay the cost thereof.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.313 - IDENTIFICATION OF PUBLIC AT-GRADE CROSSINGS

Current through Register Vol. 13, July 5, 2024
(1)
				The railroad company will place and register a U.S. department of
				transportation number at each public highway railroad at-grade crossing, and
				notify the MDT. Federal railroad authority rules will be followed for numbering
				or reassignment of numbers.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.314 - IMPROVED CROSSING SURFACE PROJECTS, MAJOR CONSTRUCTION OR RECONSTRUCTION PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The road
				authority will nominate the improved crossing surface to be installed in
				conjunction with a road construction project.
(2) All costs associated with the
				installation will be charged against the project.
60-2-121 and
					 2-3-103, MCA; IMP,
					 60-2-121 and
					 60-2-201,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.3 - Railroad Crossing Signalization › Rule 18.6.315 - IMPROVED CROSSING SURFACE PROJECTS, OVERLAY CONSTRUCTION PROJECTS AND FREE STANDING PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The road
				authority and railroad must agree to the installation of the improved crossing
				surface.
(2) Construction and cost
				sharing responsibilities will be allocated as follows:
(a) MDT, using road authority funds, shall
				pay for the improved crossing surface material;
(b) the railroad, at its expense, will
				prepare the track roadbed, drainage, and install the crossing surface
				material;
(c) the roadway through
				the crossing will be closed to traffic during the installation;
(d) the road authority will install and
				maintain detours and traffic control;
(e) if a detour requires major construction,
				the detour construction and necessary traffic control can be charged against
				the project.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.401 - POLICY STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
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 18.6.402 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Business sign" or "logo sign panel"
				means a separately attached sign mounted on a motorist information sign panel
				to show the brand, symbol, trademark, or name, or combination of these, for a
				motorist service available on a crossroad at or near an interchange or
				intersection as per
				60-5-502, MCA.
(2) "Combination sign" means a specific
				information (LOGO) sign displaying the availability of two or more types of
				services.
(3) "Conventional road"
				means a street or highway which has a traffic flow of more than 400 annual
				average daily traffic count. The term does not include a low volume road (less
				than 400 annual average daily traffic count) or a residential street.
(4) "Crossroad" means a marked route or other
				public road intersecting a freeway or divided highway for which access is
				provided at an interchange or intersection, as per
				60-5-502, MCA.
(5) "Directional sign" is any structure that
				is visible and readable with normal visual acuity from the primary highway and
				provides a motorist with sufficient information to find the location of a
				business without the need for additional information or directions.
(6) "Department" means the Montana Department
				of Transportation provided for in
				2-15-2501, MCA, as per
				60-5-502, MCA.
(7) "Franchisee" means a person awarded a
				franchise as provided in
				60-5-505, MCA, as per
				60-5-502, MCA.
(8) "General service sign" means a sign which
				identifies a motorist service at a given location but does not identify a
				specific business by name or trade name.
(9) "Gore" means the area immediately beyond
				the divergence of two traveled ways, bounded by the edges of those traveled
				ways.
(10) "Intersection" means any
				private or public roadway which requires a right or left turn off the primary
				highway to access the roadway.
(11)
				"Interstate highway" or "federal-aid interstate highway" is defined in
				60-1-103, MCA, and also means a
				highway on the federal-aid or national highway system.
(12) "Interstate spur" means a short segment
				of interstate highway which connects another interstate highway to a state
				highway, county road, or city street and which is officially designated with an
				"I" followed by three numbers.
(13)
				"Lease agreement" means the written contract between the franchisee and the
				owner.
(14) "Motorist information
				sign" or "mainline" means a rectangular sign panel located in the same manner
				as other official traffic signs, readable from the main traveled way, and that
				is a:
(a) specific information sign;
				or
(b) tourist-oriented directional
				sign, as per
				60-5-502, MCA.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.403 - BUSINESS ELIGIBILITY FOR SPECIFIC INFORMATION (LOGO) SIGNS

Current through Register Vol. 13, July 5, 2024
(1) All specific information (LOGO) signs
				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) To be
				eligible for placement of a business sign on a specific information (LOGO) sign
				panel, a business must provide one or more of the following services: gas,
				food, lodging, or camping. Priority shall be given to businesses within the
				applicable three mile increment which are in continuous operation for 12 months
				per year.
(3) A business must meet
				the following requirements:
(a) To qualify
				for a GAS logo sign panel, a business must have:
(i) vehicle services including gas or
				alternative fuel, oil, water, and air;
(ii) restroom facilities and drinking
				water;
(iii) a telephone available
				for public use; and
(iv) continuous
				operation at least 12 hours per day, seven days per week;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.404 - LOCATION OF QUALIFIED BUSINESSES FOR SPECIFIC INFORMATION (LOGO) SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Specific information (LOGO) signs may be
				erected only for qualified businesses located within three miles of an
				interchange as measured from the gore of the exit ramp along public highways to
				the nearest point of intersection of the driveway of the qualified business and
				public highway, except as provided below.
(2) If, within the three mile limit,
				facilities for the services being considered are not available or choose not to
				participate in the program, the limit of eligibility may be extended in three
				mile increments until one or more facilities for the services chooses to
				participate, or until 15 miles is reached, whichever comes first. If
				considered, all qualified businesses within the service category and within the
				successive increment may be included, but not to exceed the maximum capacity of
				the specific service sign.
(3) A
				qualified business located more than three miles from an interchange may not
				qualify for signing if a motorist could obtain similar services adjacent to the
				next interchange by traveling fewer miles.
60-5-503, MCA; IMP,
					 60-5-512,
					 MCA;
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.6 - RIGHT-OF-WAY BUREAU › Subchapter 18.6.4 - Motorist Information Signs › Rule 18.6.405 - SPACING AND LOCATION OF SPECIFIC INFORMATION (LOGO) SIGNS

Current through Register Vol. 13, July 5, 2024
(1) Specific information (LOGO) signs or
				mainline signs may be erected and maintained within the right-of-way of the
				interstate highway system.
(2)
				Specific information (LOGO) signs shall be installed between the preceding
				interchange and at least 800 feet in advance of the exit direction sign at the
				interchange from which the services are available.
(3) The exact location of specific
				information (LOGO) signs and specific service ramp signs shall be determined by
				the franchisee, subject to approval by the department; however, the signs shall
				be located so as to avoid conflict with other signs within the highway
				right-of-way. Lateral clearance and height shall be as specified in the
				MUTCD.
(4) Spacing between each
				specific information sign shall be not less than 800 feet, or more than 1,000
				feet unless there are other intervening signs or other significant site
				considerations.
(5) Specific
				information signs shall be located at least 800 feet from existing highway
				guide signs.
(6) Specific
				information signs may not be erected at an interchange where an exit ramp is
				provided but no convenient reentry ramp exists in the same direction of
				travel.
(7) Specific information
				signs may not be erected on interchanges where interchange ramps connect
				directly to another interstate highway, except where the interstate highway
				connects to an interstate spur.
(8)
				Specific information signs shall be erected with a lateral offset equal to or
				greater than existing guide signs, and they should be at least 30 feet from the
				edge of the traveled way, where possible.
(9) Specific information (LOGO) signs shall
				be located to take advantage of natural terrain, to have the least impact on
				the scenic environment, and to avoid visual conflict with other signs within
				the highway right-of-way.
60-5-503, MCA; IMP,
					 60-5-511,
					 60-5-513,
					 MCA;