Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.7 - MAINTENANCE › Subchapter 18.7.1 - Right-of-Way Encroachments › Rule 18.7.109 - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				construction of new or modified device or object encroachments shall be the
				responsibility of the permittee and shall be constructed in conformance with
				the applicable regulations and manuals, as approved by the department, at the
				permittee's sole expense.
(2)
				During the progress of right-of-way work or occupancy, the permittee must erect
				and maintain such barricades, signs, and other traffic control devices as may
				be deemed necessary by the department.
(3) The permittee is responsible for
				completing any environmental documentation required by the department at the
				permittee's sole expense.
(4) The
				permittee is responsible for any changes, maintenance, or repairs to existing
				encroachments deemed necessary by the department at the permittee's sole
				expense.
(5) The permittee must
				furnish all materials necessary for the construction of the device or object
				encroachment authorized by the permit. All materials must be of satisfactory
				quality, and are subject to inspection and approval by the
				department.
(6) It is the
				responsibility of the permittee to supply, place, and properly construct an
				approved device or object encroachment, or upgrade a retroactively approved
				encroachment, in accordance with department design and safety standards, and
				all appropriate department manuals.
(7) Drainage in highway ditches must not be
				altered or impeded except as authorized and approved by the department. The
				permittee is responsible for any damage to highway right-of-way or adjacent
				landowners' property caused by unapproved drainage encroachments into highway
				right-of-way, at the permittee's sole expense.
(8) The permittee is responsible for any
				changes, maintenance, or repairs to existing encroachments deemed necessary by
				the department, at the permittee's sole expense.
(9) The department may make any changes,
				additions, repairs, or relocations to any encroachment or its appurtenances
				within the highway right-of-way, at the permittee's sole expense.
(10) Existing device or object encroachments
				which are granted either a retroactive new permit, or a permit for a change in
				condition, may be inspected by the department for compliance with department
				design and safety standards.
(11)
				Any device or object encroachment which does not meet department design and
				safety standards is subject to removal by the owner at the owner's sole
				expense, after department revocation of the encroachment permit.
(12) The permittee is responsible for all
				repairs to the highway or within the right-of-way resulting from the activities
				of the encroachment, at the permittee's sole expense. Additionally, the
				permittee must reimburse the department for any expense incurred in repairing
				the surface of the roadway or right-of-way due to any damage as a result of the
				occupancy or work performed under the permit (e.g., settlement at installation
				site).
(13) If the department
				makes changes, additions, repairs, or relocations to the highway within the
				highway right-of-way, which conflict with a permitted encroachment, the
				encroachment permit may be temporarily or permanently revoked by the
				department, at the department's sole discretion.
(14) The permittee is responsible for any
				damage or injury to a third party or department facilities caused by the
				permittee's installation, maintenance, repair, or actions under a
				department-issued encroachment permit, at the permittee's sole
				expense.
Sec.
					 60-2-201, MCA; IMP:
					 60-2-201,
					 60-5-101,
					 60-5-104,
					 60-5-105,
					 60-6-101,
					 MCA;