Mont. Admin. R. tit. 18 | Mont. Admin. R. Title 18 — Transportation

Chapter 18.1 Organizational Rule

Subchapter 18.1.1 Organizational Rule

Mont. Admin. R. 18.1.101 Organization of the Department

(1) The Department of Transportation was created by Chapter 512 of the Montana Session Laws of 1991 and implemented by Executive Order No. 11-91 of the Governor on July 1, 1991, and as amended by Chapter 306 of the Montana Session Laws of 2025. The department’s purpose is to provide Montana with transportation systems that are carefully designed, built, and maintained to service communities and strengthen local economies.

(2) The department is headed by the director, who is appointed by the Governor. Within the director’s office are the deputy director, the Communications Office, and Legal Services, who report to the director. The deputy director oversees the Business Solutions Office and the Policy Office. The department is further divided into four operational programs and five districts that report directly to the director. The programs are the Asset Strategy, Operations and Maintenance Program, the General Operations Program, the Project Development and Delivery Program, the Statewide Planning and Modal Operations Program, and five district offices. Each program is headed by a program manager, and each district is headed by a district administrator. The Transportation Commission and the Aeronautics Board are attached to the department for administrative purposes only as provided in 2-15-121, MCA.

(3) The organizational structure and allocation of functions are as follows:

(a) The director is responsible for the administration of all functions vested by law in the department and for establishing policy to be followed by the department. The director’s office provides strategic leadership, organizational priorities, and alignment with the department’s mission.

(b) The Asset Strategy, Operations and Maintenance Program ensures the functionality and safety of Montana’s roadway network, overseeing over 25,000 lane miles through activities such as snow and ice control, pavement preservation, signage, vegetation management, and traveler information. It also leads disaster response coordination and manages infrastructure inventory, long-range building projects, land mobile radio communications, and quality control. The program includes two divisions: the Maintenance Division which provides technical assistance to the districts, establishes a statewide annual work program and plan, and provides training as well as a maintenance manual; and the Motor Carrier Services Division which regulates commercial motor carrier operations through safety enforcement, dyed fuel oversight, credentialing, fleet registration, permitting, and compliance with state and federal safety standards.

(c) The department is geographically divided into five districts, with each district equivalent to a division. The administrative head of each district is the district administrator. Each district administrator is responsible for the following functions within their district: preconstruction design, construction, and maintenance on all interstate, primary, and some secondary and urban roads. The district office is also the initial contact with the public, in most cases, for encroachment permits, utility occupancy, approaches, and outdoor advertising. The following cities each contain a district office: Billings, Butte, Glendive, Great Falls, and Missoula.

(d) The General Operations Program provides administrative support services for the department, including accounting and budgeting, civil rights and equal opportunity, human resources and occupational safety, accounting and procurement services, appropriations management, information technology, and compliance review. The program includes: the Audit Services Bureau, which promotes effectiveness by providing management with independent, objective assurance and consulting services designed to add value and improve the department's overall operation; the Civil Rights Bureau, which manages programs to ensure that all beneficiaries and potential beneficiaries of department programs are offered an equal participation opportunity; the Fiscal Services Division, which provides accounting, motor fuel and aviation fuel tax collection, federal fiscal management, purchasing, budgeting, cash management, and inventory control for the department; the Information Services Division which coordinates, designs, installs, and maintains the department’s information technology infrastructure; and the People Operations Bureau, which includes Human Resources, Occupational Health and Safety, Payroll, and Workforce Planning.

(e) The Project Development and Delivery Program is responsible for the lifecycle of construction projects – from initial planning in the long-range work plan through final construction. The program’s responsibilities include project design, right-of-way acquisition, environmental compliance, contract bidding and awards, and construction contract administration. The program ensures quality through documentation, inspection, and testing of highway projects. The program also delivers traffic improvements and educational initiatives to enhance public safety and welfare.

(f) The Statewide Planning and Modal Operations Program guides Montana’s multimodal transportation strategy through planning, infrastructure oversight, and operational support. The program manages statewide transportation planning, administers behavioral safety programs and initiatives, and coordinates with developers and agencies. It includes the Aeronautics Division which supports airport and airway infrastructure, aviation safety, and aerial search and rescue; administers funding for airport improvements; and operates 14 state-owned airports, including the commercial service airport near West Yellowstone.

(4) The Transportation Commission consists of five members appointed by the Governor for terms specified in 2-15-124, MCA. The Transportation Commission awards construction contracts, designates highway routes, and exercises quasi-judicial powers over outdoor advertising.

(5) The Aeronautics Board consists of nine members appointed by the Governor for terms specified in 2-15-124, MCA. The board awards airport grants and loans as provided for in 67-1-304, MCA.

(6) General inquiries regarding the department, the Transportation Commission, or the Aeronautics Board may be addressed to the director. Specific inquiries regarding functions of a program or district may be addressed to the program manager or district administrator. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the director unless the notice in the Montana Administrative Register makes specific provisions for submissions.

(7) The director and all program managers can be reached by writing to the Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, Montana 59620-1001 or phoning (406) 444-6200.

(a) The district administrators can be reached by writing to:

Billings District, 424 Morey Street, P.O. Box 20437, Billings, Montana 59104

Butte District, 3751 Wynne Street, P.O. Box 3068, Butte, Montana 59702

Glendive District, 503 North River Avenue, P.O. Box 890, Glendive, Montana 59330

Great Falls District, 200 Smelter Avenue NE, P.O. Box 1359, Great Falls, Montana 59403

Missoula District, 2100 West Broadway Street, P.O. Box 7039, Missoula, Montana 59807

(8) Chart of Agency Organization. A descriptive chart of the Department of Transportation follows:

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-15-112, MCA
History: Eff. 12/31/72; AMD, Eff. 6/4/74; AMD, Eff. 12/4/74; AMD, Eff. 7/2/79; AMD, Eff. 3/31/82; AMD, Eff. 3/31/84; AMD, Eff. 3/31/86; AMD, Eff. 3/31/87; AMD, Eff. 3/31/88; AMD, Eff. 6/30/89; AMD, Eff. 3/31/91; AMD, Eff. 4/1/96; AMD, Eff. 10/8/99; AMD, Eff. 9/30/04; AMD, Eff. 12/31/06; AMD, Eff. 3/31/08; AMD, Eff. 9/30/09; AMD, Eff. 3/31/12; AMD, Eff. 9/30/12; AMD, Eff. 12/31/12; AMD, Eff. 6/30/14; AMD, Eff. 6/30/15; AMD, Eff. 3/31/16; AMD, Eff. 6/30/20; AMD, Eff. 9/23/25.

Chapter 18.2 Overall Department Rules

Subchapter 18.2.1 Procedural Rules

Mont. Admin. R. 18.2.101 Model Procedural Rules

(1) The Department of Transportation adopts and incorporates by reference the Attorney General's organizational and procedural rules ARM 1.3.201 through 1.3.233 and the Secretary of State's model organizational and procedural rules ARM 1.4.101 through 1.4.109 with the exceptions contained in this subchapter.

(2) A copy of the model procedural rules may be obtained from the Department of Transportation, P.O. Box 201001, Helena, MT 59620-1001.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 699, Eff. 4/16/82; AMD, 2000 MAR p. 1335, Eff. 5/26/00; AMD, 2010 MAR p. 1731, Eff. 7/30/10; AMD, 2026 MAR, Notice No. 2026-123, Eff. 8/8/26.

Mont. Admin. R. 18.2.102 Contested Cases, Hearing

(1) The contested case hearing shall be conducted before the decision-making authority of the agency or a hearing officer designated in accordance with ARM 1.3.218.

(2) The presiding officer must ensure that all parties are afforded an opportunity to respond and present evidence and argument on all issues involved.

(3) The hearing must be recorded on an electronic sound recorder (tape recorder, digital sound recorder, or other electronic sound recorder) unless either party demands a stenographic record. The cost of a stenographic record must be paid by the requesting party.

(4) Absent a determination by the presiding officer that the interests of justice require otherwise, the order of hearing is as follows:

(a) any opening statements requested or allowed by the presiding officer;

(b) presentation of evidence by the party asserting a claim for relief (the challenging party);

(d) presentation of evidence by the opposing party;

(e) cross examination by the challenging party; and

(f) rebuttal testimony.

(5) Exhibits must be marked and must identify the person offering the exhibits. The exhibits shall be preserved by the agency as part of the record of the proceedings.

(6) The presiding officer may hear closing arguments, request supporting briefs, and/or order a schedule for parties to submit proposed findings of fact and conclusions of law.

(7) The presiding officer may grant recesses or continue the hearing.

(8) The party challenging the agency action bears the burden of proof.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.103 Contested Cases, Record

(1) The record in a contested case must include:

(a) all pleadings, motions, and rulings;

(b) all evidence, either written or oral, received, or considered by the presiding officer;

(d) questions and offers of proof, objections, and rulings on objections;

(e) proposed findings of fact and conclusions of law, supporting briefs and exceptions; and

(f) any decision, opinion, or report by the presiding officer which must be in writing.

(2) At the request of any party, the record must be transcribed. The cost of transcription is the responsibility of the requesting party.

(3) If a party seeks judicial review of a final agency decision, the hearing record (if any) must be transcribed. The cost of transcription is the responsibility of the party appealing the final agency decision.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.104 General Rules, Representation

(1) A person appearing before the agency has the right to be accompanied, represented, and advised by a licensed attorney. The agency shall advise a party to a contested case of the right to legal counsel.

(2) A corporation, partnership, limited liability company, limited liability partnership, cooperative, unincorporated association, estate, or trust appearing before an agency is considered a separate legal entity and may not appear on its own behalf through an agent other than a licensed attorney.

(3) A person appearing before an agency may proceed pro se, but may not appear through an agent other than a licensed attorney.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.105 Motions for Summary Judgment

(1) Any party may move, with or without supporting affidavits, for summary judgment in the party's favor upon all or some of the contested issues in any proceeding that comes before the department. A motion for summary judgment may be granted if the motion, affidavits, and other documentation show that there is no genuine issue as to any material fact and one party is entitled to a favorable decision as a matter of law.

(2) A party is entitled to a hearing on a motion for summary judgment.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.106 Time Computation

(1) Time computation shall be governed by Rule 6(a) and 6(e), Mont. R. Civ. P.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.107 Informal Disposition Objections, Petition for Judicial Review

(1) A party to an informal proceeding who is dissatisfied with a proposed decision may file written objections but is not entitled to oral argument before the agency decision maker. Written objections must be filed within ten days of receipt of the proposed decision.

(2) A party who is dissatisfied with an informal agency decision may petition the district court as provided in 2-4-701, et seq., MCA.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: NEW, 2010 MAR p. 1731, Eff. 7/30/10.

Mont. Admin. R. 18.2.113 Employee Grievance Procedures

(1) The Department of Transportation adopts and incorporates by reference the Department of Administration's employee grievance procedural rules ARM 2.21.8010 through 2.21.8030.

(2) Department of Transportation employees who have attained permanent status may file a grievance only as provided in ARM 2.21.8010 through 2.21.8030 unless the employee is covered by an exclusive grievance procedure provided under a collective bargaining agreement or a statutory grievance procedure.

(3) A copy of the Department of Administration's employee grievance procedural rules may be obtained on the Department of Transportation website at www.mdt.mt.gov .

History

Authorizing statute(s): 2-18-102, MCA
Implementing statute(s): 2-18-102, MCA
History: NEW, 2020 MAR p. 1516, Eff. 8/8/20.

Subchapter 18.2.2 Rules Implementing the Montana Environmental Policy Act

Mont. Admin. R. 18.2.235 Policy Statement Concerning Mepa Rules

The purpose of ARM 18.2.235 through 18.2.260 is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to the fullest extent possible." In order to fulfill the stated policy of that act, the agency shall conform to the following rules prior to reaching a final decision on proposed actions covered by MEPA.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.236 Definitions

(1) "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more other state agencies; or a project or activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the agency, either singly or in combination with other state agencies.

(2)

(a) "Alternative" means:

(i) an alternate approach or course of action that would appreciably accomplish the same objectives or results as the proposed action;

(ii) design parameters, mitigation, or controls other than those incorporated into a proposed action by an applicant or by an agency prior to preparation of an EA or draft EIS;

(iii) no action or denial; and

(iv) for agency-initiated actions, a different program or series of activities that would accomplish other objectives or a different use of resources than the proposed program or series of activities.

(b) The agency is required to consider only alternatives that are realistic, technologically available, and that represent a course of action that bears a logical relationship to the proposal being evaluated.

(3) "The agency" means department of highways.

(4) "Applicant" means a person or any other entity who applies to the agency for a grant, loan, subsidy, or other funding assistance, or for a lease, permit, license, certificate, or other entitlement for use or permission to act.

(5) "Categorical exclusion" refers to a type of action which does not individually, collectively, or cumulatively require an EA or EIS, as determined by rulemaking or programmatic review adopted by the agency, unless extraordinary circumstances, as defined by rulemaking or programmatic review, occur.

(6) "Compensation" means the replacement or provision of substitute resources or environments to offset an impact on the quality of the human environment. The agency may not consider compensation for purposes of determining the significance of impacts (see ARM 18.2.237(4)).

(7) "Cumulative impact" means the collective impacts on the human environment of the proposed action when considered in conjunction with other past and present actions related to the proposed action by location or generic type. Related future actions must also be considered when these actions are under concurrent consideration by any state agency through pre-impact statement studies, separate impact statement evaluation, or permit processing procedures.

(8) "Emergency actions" include, but are not limited to:

(a) projects undertaken, carried out, or approved by the agency to repair or restore property or facilities damaged or destroyed as a result of a disaster when a disaster has been declared by the governor or other appropriate government entity;

(b) emergency repairs to public service facilities necessary to maintain service; and

(c) projects, whether public or private, undertaken to prevent or mitigate immediate threats to public health, safety, welfare, or the environment.

(9) "Environmental assessment" (EA) means a written analysis of a proposed action to determine whether an EIS is required or to serve one or more of the other purposes described in ARM 18.2.237(2).

(10) "Environmental impact statement" (EIS) means the detailed written statement required by section 75-1-201, MCA, which may take several forms:

(a) "Draft environmental impact statement" means a detailed written statement prepared to the fullest extent possible in accordance with 75-1-201(1)(b)(iii), MCA, and ARM 18.2.235 through 18.2.260;

(b) "Final environmental impact statement" means a written statement prepared to the fullest extent possible in accordance with 75-1-201, MCA, and ARM 18.2.244 or 18.2.245 and which responds to substantive comments received on the draft environmental impact statement;

(c) "Joint environmental impact statement" means an EIS prepared jointly by more than one agency, either state or federal, when the agencies are involved in the same or a closely related proposed action.

(11) "Environmental quality council" (EQC) means the council established pursuant to Title 75, chapter 1, MCA, and 5-16-101, MCA.

(12) "Human environment" includes, but is not limited to biological, physical, social, economic, cultural, and aesthetic factors that interrelate to form the environment. As the term applies to the agency's determination of whether an EIS is necessary (see ARM 18.2.237(1)), economic and social impacts do not by themselves require an EIS. However, whenever an EIS is prepared, economic and social impacts and their relationship to biological, physical, cultural and aesthetic impacts must be discussed.

(13) "Lead agency" means the state agency that has primary authority for committing the government to a course of action or the agency designated by the governor to supervise the preparation of a joint environmental impact statement or environmental assessment.

(14) "Mitigation" means:

(a) avoiding an impact by not taking a certain action or parts of an action;

(b) minimizing impacts by limiting the degree or magnitude of an action and its implementation;

(d) reducing or eliminating an impact over time by preservation and maintenance operations during the life of an action or the time period thereafter that an impact continues.

(15) "Programmatic review" means an analysis (EIS or EA) of the impacts on the quality of the human environment of related actions, programs, or policies.

(16) "Residual impact" means an impact that is not eliminated by mitigation.

(17) "Scope" means the range of reasonable alternatives, mitigation, issues, and potential impacts to be considered in an environmental assessment or an environmental impact statement.

(18) "Secondary impact" means a further impact to the human environment that may be stimulated or induced by or otherwise result from a direct impact of the action.

(19) "State agency", means an office, commission, committee, board, department, council, division, bureau, or section of the executive branch of state government.

History

Authorizing statute(s): 2-3-103, 2-4-201, MCA
Implementing statute(s): 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.237 General Requirements of the Environmental Review Process

Section 75-1-201 requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on each proposal for projects, programs, legislation, and other major actions of state government significantly affecting the quality of the human environment. In order to determine the level of environmental review for each proposed action that is necessary to comply with 75-1-201, MCA, the agency shall apply the following criteria:

(1) The agency shall prepare an EIS as follows:

(a) whenever an EA indicates that an EIS is necessary; or

(b) whenever, based on the criteria in ARM 18.2.238, the proposed action is a major action of state government significantly affecting the quality of the human environment.

(2) An EA may serve any of the following purposes:

(a) to ensure that the agency uses the natural and social sciences and the environmental design arts in planning and decision-making. An EA may be used independently or in conjunction with other agency planning and decision-making procedures;

(b) to assist in the evaluation of reasonable alternatives and the development of conditions, stipulations or modifications to be made a part of a proposed action;

(c) to determine the need to prepare an EIS through an initial evaluation and determination of the significance of impacts associated with a proposed action;

(d) to ensure the fullest appropriate opportunity for public review and comment on proposed actions, including alternatives and planned mitigation, where the residual impacts do not warrant the preparation of an EIS; and

(e) to examine and document the effects of a proposed action on the quality of the human environment, and to provide the basis for public review and comment, whenever statutory requirements do not allow sufficient time for an agency to prepare an EIS. The agency shall determine whether sufficient time is available to prepare an EIS by comparing statutory requirements that establish when the agency must make its decision on the proposed action with the time required by ARM 18.2.246 to obtain public review of an EIS plus a reasonable period to prepare a draft EIS and, if required, a final EIS.

(3) The agency shall prepare an EA whenever:

(a) the action is not excluded under (5) and it is not clear without preparation of an EA whether the proposed action is a major one significantly affecting the quality of the human environment;

(b) the action is not excluded under (5) and although an EIS is not warranted, the agency has not otherwise implemented the interdisciplinary analysis and public review purposes listed in (2) (a) and (d) through a similar planning and decision-making process; or

(4) The agency may, as an alternative to preparing an EIS, prepare an EA whenever the action is one that might normally require an EIS, but effects which might otherwise be deemed significant appear to be mitigable below the level of significance through design, or enforceable controls or stipulations or both imposed by the agency or other government agencies. For an EA to suffice in this instance, the agency must determine that all of the impacts of the proposed action have been accurately identified, that they will be mitigated below the level of significance, and that no significant impact is likely to occur. The agency may not consider compensation for purposes of determining that impacts have been mitigated below the level of significance.

(5) The agency is not required to prepare an EA or an EIS for the following categories of action:

(a) actions that qualify for a categorical exclusion as defined by rule or justified by a programmatic review. In the rule or programmatic review, the agency shall identify any extraordinary circumstances in which a normally excluded action requires an EA or EIS;

(b) administrative actions: routine, clerical or similar functions of a department, including but not limited to administrative procurement, contracts for consulting services, and personnel actions;

(d) investigation and enforcement: data collection, inspection of facilities or enforcement of environmental standards;

(e) ministerial actions: actions in which the agency exercises no discretion, but rather acts upon a given state of facts in a prescribed manner; and

(f) actions that are primarily social or economic in nature and that do not otherwise affect the human environment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.238 Determining the Significance of Impacts

(1) In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also refers to the agency's evaluation of individual and cumulative impacts in either EAs or EISs. The agency shall consider the following criteria in determining the significance of each impact on the quality of the human environment:

(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;

(b) the probability that the impact will occur if the proposed action occurs; or conversely, reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;

(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;

(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;

(e) the importance to the state and to society of each environmental resource or value that would be affected;

(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or a decision in principle about such future actions; and

(g) potential conflict with local, state, or federal laws, requirements, or formal plans.

(2) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, an EIS is not required. An EIS is required if an impact has a significant adverse effect, even if the agency believes that the effect on balance will be beneficial.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.239 Preparation and Contents of Environmental Assessments

(1) The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be addressed in an EA. Whenever the agency elects to initiate this process, it shall follow the procedures contained in ARM 18.2.241.

(2) For a routine action with limited environmental impact, the contents of an EA may be reflected on a standard checklist format. At the other extreme, whenever an action is one that might normally require an EIS, but effects that otherwise might be deemed significant are mitigated in project design or by controls imposed by the agency, the analysis, format, and content must all be more substantial. The agency shall prepare the evaluations and present the information described in section (3) as applicable and in a level of detail appropriate to the following considerations:

(a) the complexity of the proposed action;

(b) the environmental sensitivity of the area affected by the proposed action;

(c) the degree of uncertainty that the proposed action will have a significant impact on the quality of the human environment;

(d) the need for and complexity of mitigation required to avoid the presence of significant impacts.

(3) To the degree required in (2) above, an EA must include:

(a) a description of the proposed action, including maps and graphs;

(b) a description of the benefits and purpose of the proposed action. If the agency prepares a cost/benefit analysis before completion of the EA, the EA must contain the cost/benefit analysis or a reference to it;

(c) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction or environmental review responsibility for the proposed action and the permits, licenses, and other authorizations required;

(d) an evaluation of the impacts, including cumulative and secondary impacts, on the physical environment. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including, where appropriate: terrestrial and aquatic life and habitats; water quality, quantity, and distribution; geology; soil quality, stability, and moisture; vegetation cover, quantity and quality; aesthetics; air quality; unique, endangered, fragile, or limited environmental resources; historical and archaeological sites; and demands on environmental resources of land, water, air and energy;

(e) an evaluation of the impacts, including cumulative and secondary impacts, on the human population in the area to be affected by the proposed action. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including where appropriate, social structures and mores; cultural uniqueness and diversity; access to and quality of recreational and wilderness activities; local and state tax base and tax revenues; agricultural or industrial production; human health; quantity and distribution of employment; distribution and density of population and housing; demands for government services; industrial and commercial activity; locally adopted environmental plans and goals; and other appropriate social and economic circumstances;

(f) a description and analysis of reasonable alternatives to a proposed action whenever alternatives are reasonably available and prudent to consider and a discussion of how the alternative would be implemented;

(g) a listing and appropriate evaluation of mitigation, stipulations, and other controls enforceable by the agency or another government agency;

(h) a listing of other agencies or groups that have been contacted or have contributed information;

(i) the names of persons responsible for preparation of the EA; and

(j) a finding on the need for an EIS and, if appropriate, an explanation of the reasons for preparing the EA. If an EIS is not required, the EA must describe the reasons the EA is an appropriate level of analysis.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.240 Public Review of Environmental Assessments

(1) The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public review to match these factors.

(2) An EA is a public document and may be inspected upon request. Any person may obtain a copy of an EA by making a request to the agency. If the document is out-of-print, a copying charge may be levied.

(3) The agency is responsible for providing additional opportunities for public review consistent with the seriousness and complexity of the environmental issues associated with a proposed action and the level of public interest. Methods of accomplishing public review include publishing a news release or legal notice to announce the availability of an EA, summarizing its content and soliciting public comment; holding public meetings or hearings; maintaining mailing lists of persons interested in a particular action or type of action and notifying them of the availability of EAs on such actions; and distributing copies of EAs for review and comment.

(4) For an action with limited environmental impact and little public interest, no further public review may be warranted. However, where an action is one that normally requires an EIS, but effects that otherwise might be deemed significant are mitigated in the project proposal or by controls imposed by the agency, public involvement must include the opportunity for public comment, a public meeting or hearing, and adequate notice. The agency is responsible for determining appropriate methods to ensure adequate public review on a case by case basis.

(5) The agency shall maintain a log of all EAs completed by the agency and shall submit a list of any new EAs completed to the office of the governor and the environmental quality council on a quarterly basis. In addition, the agency shall submit a copy of each completed EA to the EQC.

(6) The agency shall consider the substantive comments received in response to an EA and proceed in accordance with one of the following steps, as appropriate:

(a) determine that an EIS is necessary;

(b) determine that the EA did not adequately reflect the issues raised by the proposed action and issue a revised document; or

(c) determine that an EIS is not necessary and make a final decision on the proposed action, with appropriate modification resulting from the analysis in the EA and analysis of public comment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.241 Determining the Scope of an Eis

(1) Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS.

(2) To identify the scope of an EIS, the agency shall:

(a) invite the participation of affected federal, state, and local government agencies, Indian tribes, the applicant, if any, and interested persons or groups;

(b) identify the issues related to the proposed action that are likely to involve significant impacts and that will be analyzed in depth in the EIS;

(c) identify the issues that are not likely to involve significant impacts, thereby indicating that unless unanticipated effects are discovered during the preparation of the EIS, the discussion of these issues in the EIS will be limited to a brief presentation of the reasons they will not significantly affect the quality of the human environment; and

(d) identify those issues that have been adequately addressed by prior environmental review, thereby indicating that the discussion of these issues in the EIS will be limited to a summary and reference to their coverage elsewhere; and

(e) identify possible alternatives to be considered.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.242 Environmental Impact Statements--General Requirements

The following apply to the design and preparation of EISs:

(1) The agency shall prepare EISs that are analytic rather than encyclopedic.

(2) The agency shall discuss the impacts of a proposed action in a level of detail that is proportionate to their significance. For other than significant issues, an EIS need only include enough discussion to show why more study is not warranted.

(3) The agency shall prepare with each draft and final EIS a brief summary that is available for distribution separate from the EIS. The summary must describe:

(a) the proposed action being evaluated by the EIS, the impacts, and the alternatives;

(b) areas of controversy and major conclusions;

(d) the agency's preferred alternative, if any.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.243 Preparation and Contents of Draft Environmental Impact Statements

If required by these rules, the agency shall

prepare a draft environmental impact statement using an

interdisciplinary approach and containing the following:

(1) a description of the proposed action, including its purpose and benefits;

(2) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction and a description of their responsibility for the proposed action;

(3) a description of the current environmental conditions in the area affected by the proposed action or alternatives, including maps and charts, whenever appropriate. The description must be no longer than is necessary to understand the effects of the action and alternatives. Data analysis must be commensurate with the importance of the impact with less important material summarized, consolidated, or simply referenced;

(4) a description of the impacts on the quality of the human environment of the proposed action including:

(a) the factors listed in (3) (d) and (e) of ARM 18.2.239, whenever appropriate;

(b) primary, secondary, and cumulative impacts;

(d) irreversible and irretrievable commitments of environmental resources, including land, air, water and energy;

(e) economic and environmental benefits and costs of the proposed action; and

(f) the relationship between local short-term uses of man's environment and the effect on maintenance and enhancement of the long-term productivity of the environment. When a cost-benefit analysis is prepared by the agency prior to the preparation of the draft EIS, it shall be incorporated by reference in or appended to the EIS;

(5) an analysis of reasonable alternatives to the proposed action, including the alternative of no action and other reasonable alternatives that may or may not be within the jurisdiction of the agency to implement, if any;

(6) a discussion of mitigation, stipulations, or other controls committed to and enforceable by the agency or other government agency;

(7) a discussion of any compensation related to impacts stemming from the proposed action;

(8) an explanation of the tradeoffs among the reasonable alternatives;

(9) the agency's preferred alternative , if any, and its reasons for the preference;

(10) a section on consultation and preparation of the draft EIS that includes the following:

(a) the names of those individuals or groups responsible for preparing the EIS;

(b) a listing of other agencies, groups, or individuals who were contacted or contributed information; and

(11) a summary of the draft EIS as required in ARM 18.2.242; and

(12) other sections that may be required by other statutes in a comprehensive evaluation of the proposed action, or by the National Environmental Policy Act or other federal statutes governing a cooperating federal agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.244 Adoption of Draft Environmental Impact Statement as Final

(1) Depending upon the substantive comments received

(2) In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the Environmental Quality Council, the applicant, if any, and all commenters of its decision and provide a statement describing its proposed course of action. This notification must be accompanied by a copy of all comments or a summary of a representative sample of comments received in response to the draft statement, together with, at minimum, an explanation of why the issues raised do not warrant the preparation of a final EIS.

(3) The agency shall provide public notice of its decision to adopt the draft EIS as a final EIS.

(4) If the agency decides to adopt the draft EIS as the final EIS, it may make a final decision on the proposed action no sooner than 15 days after complying with subsections (1) through (3) above.

in response to the draft EIS, the draft statement may suffice.

The agency shall determine whether to adopt the draft EIS

within 30 days of the close of the comment period on the draft

EIS.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.245 Preparation and Contents of Final Environmental Impact Statement

Except as provided in ARM 18.2.244, a final environmental impact statement must include:

(1) a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments received on the draft EIS, stating specifically where such conclusions and information were changed from those which appeared in the draft;

(2) a list of all sources of written and oral comments on the draft EIS, including those obtained at public hearings, and, unless impractical, the text of comments received by the agency (in all cases, a representative sample of comments must be included) ;

(3) the agency's responses to substantive comments, including an evaluation of the comments received and disposition of the issues involved;

(4) data, information, and explanations obtained subsequent to circulation of the draft; and

(5) the agency's recommendation, preferred alternative, or proposed decision together with an explanation of the reasons therefor.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.246 Time Limits and Distribution of Environmental Impact Statements

(1) Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies.

(2) The listed transmittal date to the governor and the EQC must not be earlier than the date that the draft EIS is mailed to other agencies, organizations, and individuals. The agency shall allow 30 days for reply, provided that the agency may extend this period up to an additional 30 days at its discretion or upon application of any person for good cause. When preparing a joint EIS with a federal agency or agencies, the agency may also extend this period in accordance with time periods specified in regulations that implement the National Environmental Policy Act. However, no extension which is otherwise prohibited by law may be granted.

(3) In cases involving an applicant, after the period for comment on the draft EIS has expired, the agency shall send to the applicant a copy of all written comments that were received. The agency shall advise the applicant that he has a reasonable time to respond in writing to the comments received by the agency on the draft EIS and that the applicant's written response must be received before a final EIS can be prepared and circulated. The applicant may waive his right to respond to the comments on the draft EIS.

(4) Following preparation of a final EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, persons who submitted comments on or received a copy of the draft EIS, and other members of the public upon request.

(5) Except as provided by ARM 18.2.244(4) , a final decision must not be made on the proposed action being evaluated in a final EIS until 15 days have expired from the date of transmittal of the final EIS to the governor and EQC. The listed transmittal date to the governor and EQC must not be earlier than the date that the final EIS is mailed to other agencies, organizations, and individuals.

(6) All written comments received on an EIS, including written responses received from the applicant, must be made available to the public upon request.

(7) Until the agency reaches its final decision on the proposed action, no action concerning the proposal may be taken that would:

(a) have an adverse environmental impact; or

(b) limit the choice of reasonable alternatives, including the no-action alternative.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.247 Supplements to Environmental Impact Statements

(1) The agency shall prepare supplements to either draft or final environmental impact statements whenever:

(a) the agency or the applicant makes a substantial change in a proposed action;

(b) there are significant new circumstances, discovered prior to final agency decision, including information bearing on the proposed action or its impacts that change the basis for the decision; or

(c) following preparation of a draft EIS and prior to completion of a final EIS, the agency determines that there is a need for substantial, additional information to evaluate the impacts of a proposed action or reasonable alternatives.

(2) A supplement must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives or other items required by ARM 18.2.243 for a draft EIS or ARM 18.2.245 for a final EIS that were either not covered in the original statement or that must be revised based on new information or circumstances concerning the proposed action.

(3) The same time periods applicable to draft and final EISs apply to the circulation and review of supplements.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.248 Adoption of an Existing Eis

(1) The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the National Environmental Policy Act if the agency determines:

(a) that the existing EIS covers an action paralleling or closely related to the action proposed by the agency or the applicant;

(b) on the basis of its own independent evaluation, that the information contained in the existing EIS has been accurately presented; and

(2) A summary of the existing EIS or the portion adopted and a list of places where the full text is available must be circulated as a part of the EIS and treated as part of the EIS for all purposes, including, if required, preparation of a final EIS.

(3) Adoption of all or part of an existing EIS does not relieve the agency of the duty to comply with ARM 18.2.243.

(4) The same time periods applicable to draft and final EISs apply to the circulation and review of EISs that include material adopted from an existing EIS.

(5) The agency shall take full responsibility for the portions of a previous EIS adopted. If the agency disagrees with certain adopted portions of the previous EIS, it shall specifically discuss the points of disagreement.

(6) No material may be adopted unless it is reasonably available for inspection by interested persons within the time allowed for comment.

(7) Whenever part of an existing EIS or concurrently prepared EIS is adopted, the part adopted must include sufficient material to allow the part adopted to be considered in the context in which it was presented in the original EIS.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.249 Interagency Cooperation

(1) Whenever it is the lead agency responsible for preparation of an EIS, the agency may:

(a) request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS;

(b) allocate assignments, as appropriate, for the preparation of the EIS among other participating agencies; and

(2) Whenever participation of the agency is requested by a lead agency, the agency shall make a good-faith effort to participate in the EIS as requested, with its expenses for participation in the EIS paid by the lead agency or other agency collecting the EIS fee if one is collected.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.250 Joint Environmental Impact Statements and Ea's

(1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the lead agency, the agency shall cooperate with the lead agency in the preparation of a joint EIS. Whenever it is clearly the lead agency, the agency shall coordinate the preparation of the EIS as required by this rule. Whenever the agency and one or more agencies have jurisdiction over an applicant's proposal or major state actions and lead agency status cannot be resolved, the agency shall request a determination from the governor.

(2) The agency shall cooperate with federal and local agencies in preparing EISs when the jurisdiction of the agency is involved. This cooperation may include, but is not limited to: joint environmental research studies, a joint process to determine the scope of an EIS, joint public hearings, joint EISs, and, whenever appropriate, joint issuance of a record of decision.

(3) Whenever the agency proposes or participates in an action that requires preparation of an EIS under both the National Environmental Policy Act and MEPA, the EIS must be prepared in compliance with both statutes and associated rules and regulations. The agency may, if required by a cooperating federal agency, accede to and follow more stringent requirements, such as additional content or public review periods, but in no case may it accede to less than is provided for in these rules.

(4) The same general provisions for cooperation and joint issuance of documents provided for in this rule in connection with EISs also apply to EAs.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.251 Preparation, Content, and Distribution of a Programmatic Review

(1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, it shall prepare a programmatic review discussing the impacts of the series of actions.

(2) The agency may also prepare a programmatic review whenever required by statute, whenever a series of actions under the jurisdiction of the agency warrant such an analysis as determined by the agency, or whenever prepared as a joint effort with a federal agency requiring a programmatic review.

(3) The agency shall determine whether the programmatic review takes the form of an EA or an EIS in accordance with the provisions of ARM 18.2.237 and 18.2.238, unless otherwise provided by statute.

(4) A programmatic review must include, as a minimum, a concise, analytical discussion of alternatives and the cumulative environmental effects of these alternatives on the human environment. In addition programmatic reviews must contain the information specified in ARM 18.2.243 for EISs or ARM 18.2.239 for EAs, as applicable.

(5) The agency shall adhere to the time limits specified for distribution and public comment on EISs or EAs, whichever is applicable.

(6) While work on a programmatic review is in progress, the agency may not take major state actions covered by the program in that interim period unless such action:

(a) is part of an ongoing program;

(b) is justified independently of the program; or

(c) will not prejudice the ultimate decision on the program. Interim action prejudices the ultimate decision on the program if it tends to determine subsequent development or foreclose reasonable alternatives.

(7) Actions taken under subsection (6) must be accompanied by an EA or an EIS, if required.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.252 Record of Decision for Actions Requiring Environmental Impact Statements

(1) At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any other documentation of the decision that is prepared by the agency, is a public notice of what the decision is, the reasons for the decision, and any special conditions surrounding the decision or its implementation.

(2) The agency may include in the final EIS, in addition to a statement of its proposed decision, preferred alternative, or recommendation on the proposed action, the other items required by (1) , and additional explanation as provided for in (3) below. If the final decision and the reasons for that final decision are the same as set forth in the final EIS, the agency may comply with (1) by preparing a public notice of what the decision is and adopting by reference the information contained in the final EIS that addresses the items required by (1) . If the final decision or any of the items required by (1) are different from what was presented in the final EIS, the agency is responsible for preparing a separate record of decision.

(3) There is no prescribed format for a record of decision, except that it must include the items listed in (1) . The record may include the following items as appropriate:

(a) brief description of the context of the decision;

(b) the alternatives considered;

(d) the alternative or alternatives considered environmentally preferable;

(e) short and long-term effects of the decision;

(f) policy considerations that were balanced and considered in making the decision;

(g) whether all practical means to avoid or minimize environmental harm were adopted, and if not, why not; and

(h) a summary of implementation plans, including monitoring and enforcement procedures for mitigation, if any.

(4) This rule does not define or affect the statutory decision making authority of the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.253 Emergencies

(1) The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as to the need for the action and the impacts and results of it. Emergency actions must be limited to those actions immediately necessary to control the impacts of the emergency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.254 Confidentiality

(1) Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.255 Resolution of Statutory Conflicts

(1) Whenever a conflicting provision of another state law prevents the agency from fully complying with ARM 18.2.235 through 18.2.260 the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action that will enable the agency to comply to the fullest extent possible with the provisions of MEPA. This notification must be made as soon as practical after the agency recognizes that a conflict exists, and no later than 30 days following such recognition.

(2) The agency has a continuing responsibility to review its programs and activities to evaluate known or anticipated conflicts between ARM 18.2.235 through 18.2.260 and other statutory or regulatory requirements. It shall make such adjustments or recommendations as may be required to ensure maximum compliance with MEPA and these rules.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.256 Contracts and Disclosure

(1) The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or portion thereof prior to its approval, and take responsibility for its scope and content.

(2) A person contracting with the agency in the preparation of an EIS must execute a disclosure statement, in affidavit form prepared by the agency, specifying that he has no financial or other interest in the outcome of the proposed action other than a contract with the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.257 Public Hearings

(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;

(d) the applicant, if any.

(4) In determining whether a sufficient number of persons have requested a hearing as required by subsection (3) , the agency shall resolve instances of doubt in favor of holding a public hearing.

(5) No person may give testimony at the hearing as a representative of a participating agency. Such a representative may, however, at the discretion of the hearing officer, give a statement regarding his or her agency's authority or procedures and answer questions from the public.

(6) Public meetings may be held in lieu of formal hearings as a means of soliciting public comment on an EIS where no hearing is requested under (3) above. However, the agency shall provide adequate advance notice of the meeting; and, other than the degree of formality surrounding the proceedings, the objectives of such a meeting are essentially the same as those for a hearing.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.258 Fees: Determination of Authority to Impose

(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.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.259 Fees: Determination of Amount

(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.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.260 Use of Fee

(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.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 18.2.261 Actions That Qualify for a Categorical Exclusion

(1) Categorical exclusions (CE) are types of actions which do not individually, collectively, or cumulatively require the preparation of an environment assessment or an environmental impact statement unless the action involves one or more of the extraordinary circumstances stated in (5).

(2) The following actions meet the criteria for categorical exclusions and normally do not require further approvals by the Federal Highway Administration (FHWA) when a federal action occurs:

(a) activities which do not involve or lead directly to construction, such as planning and research activities; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and federal-aid system revisions which establish classes of highways on the federal-aid highway system;

(b) approval of utility installations along or across a transportation facility;

(d) activities included in the state's highway safety plan under 23 U.S.C. 402;

(e) transfer of federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when the land transfer is in support of an action that is not otherwise subject to FHWA review under the National Environmental Policy Act;

(f) the installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction;

(g) landscaping;

(h) installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur;

(i) the following actions for transportation facilities damaged by an incident resulting in an emergency declared by the Governor of Montana and concurred in by the Secretary, or a disaster or emergency declared by the President pursuant to the Robert T. Stafford Act (42 U.S.C. 5121):

(i) emergency repairs under 23 U.S.C. 125; and

(ii) the repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian/bicycle paths and bike lanes), that is in operation or under construction when damaged and the action:

(A) occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and

(B) is commenced within a two-year period beginning on the date of the declaration;

(j) acquisition of scenic easements;

(k) determination of payback under 23 U.S.C. 156 for property previously acquired with federal-aid participation;

(l) improvements to existing rest areas and truck weigh stations;

(m) ridesharing activities;

(n) bus and rail car rehabilitation;

(o) alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons;

(p) program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand;

(q) the purchase of vehicles by a federal transit fund applicant where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE;

(r) track and railbed maintenance and improvements when carried out within the existing right-of-way;

(s) purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site;

(t) promulgation of rules, regulations, and directives;

(u) deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance security or passenger convenience. Examples include, but are not limited to, traffic control and detector devices, lane management systems, electronic payment equipment, automatic vehicle locaters, automated passenger counters, computer-aided dispatching systems, radio communications systems, dynamic message signs, and security equipment including surveillance and detection cameras on roadways and in transit facilities and on buses;

(v) projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way. Existing operational right-of-way refers to right-of-way that has been disturbed for an existing transportation facility or is maintained for a transportation purpose. This area includes the features associated with the physical footprint of the transportation facility (including the roadway, bridges, interchanges, culverts, drainage, fixed guideways, mitigation areas, etc.) and other areas maintained for transportation purposes such as clear zone, traffic control signage, landscaping, any rest areas with direct access to a controlled access highway, areas maintained for safety and security of a transportation facility, parking facilities with direct access to an existing transportation facility, transit power substations, transit venting structures, and transit maintenance facilities. Portions of the right-of-way that have not been disturbed or that are not maintained for transportation purposes are not in the existing operational right-of-way;

(w) federally funded projects:

(i) that receive less than $5,000,000 of federal funds; or

(ii) with a total estimated cost of not more than $30,000,000 and federal funds comprising less than 15 percent of the total estimated project cost;

(x) localized geotechnical and other investigation to provide information for preliminary design and for environmental analyses and permitting purposes, such as drilling test bores for soil sampling; archeological investigations for archeology resources assessment of similar survey; and wetland surveys;

(y) environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility (including retrofitting and construction of stormwater treatment systems to meet federal and state requirements under sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342)) carried out to address water pollution or environmental degradation;

(z) modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing lanes), if the action meets the constraints in (4);

(aa) highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting, if the project meets the constraints in (4);

(bb) bridge rehabilitation, reconstruction, or replacement, or the construction of grade separation to replace existing at-grade railroad crossings, if the actions meet the constraints in (4);

(cc) purchase, construction, replacement, or rehabilitation of ferry vessels (including improvements to ferry vessel safety, navigation, and security systems) that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE; or

(dd) rehabilitation or reconstruction of existing ferry facilities that occupy substantially the same geographic footprint, do not result in a change in their functional use, and do not result in a substantial increase in the existing facility's capacity. Example actions include work on pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals.

(3) Additional actions which meet the criteria for a CE may be designated as CEs only after the FHWA approval when a federal action occurs. Documentation must be submitted to FHWA for approval when a federal action occurs which demonstrates that the specific conditions or criteria for these CEs are satisfied and that significant environmental effects will not result. Examples of such actions include but are not limited to:

(a) transportation corridor fringe parking facilities;

(b) construction of new truck weigh stations or rest areas;

(c) approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts;

(d) approvals for changes in access control;

(e) construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic;

(f) rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users;

(g) construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic;

(h) construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community;

(i) acquisition of land for hardship or protective purposes. Hardship and protective buying will be permitted only for a particular parcel or a limited number of parcels. These types of land acquisition qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the MEPA process. No project development on such land may proceed until the MEPA process has been completed:

(i) Hardship acquisition is early acquisition of property by the applicant at the property owner's request to alleviate particular hardship to the owner, in contrast to others, because of an inability to sell his property. This is justified when the property owner can document on the basis of health, safety, or financial reasons that remaining in the property poses an undue hardship compared to others;

(ii) Protective acquisition is done to prevent imminent development of a parcel which may be needed for a proposed transportation corridor or site. Documentation must clearly demonstrate that development of the land would preclude future transportation use and that such development is imminent. Advance acquisition is not permitted for the sole purpose of reducing the cost of property for a proposed project; or

(j) actions described in (2)(z), (2)(aa), and (2)(ab) that do not meet the constraints in (4).

(4) Actions described in (2)(z), (2)(aa), and (2)(ab) may not be processed as CEs under (2) if they involve:

(a) an acquisition of more than a minor amount of right-of-way or that would result in any residential or nonresidential displacements;

(b) an action that does not meet the terms and conditions of a U.S. Army Corps of Engineers nationwide or general permit under section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act of 1899;

(c) a finding of ''adverse effect'' to historic properties under the National Historic Preservation Act, the use of a resource protected under 23 U.S.C. 138 or 49 U.S.C. 303 (section 4(f)) except for actions resulting in de minimis impacts, or a finding of ''may affect, likely to adversely affect'' threatened or endangered species or critical habitat under the Endangered Species Act;

(d) construction of temporary access, or the closure of existing road, bridge, or ramps, that would result in major traffic disruptions;

(e) changes in access control; or

(f) a floodplain encroachment other than functionally dependent uses (e.g., bridges, wetlands) or actions that facilitate open space use (e.g., recreational trails, bicycle and pedestrian paths); or construction activities in, across, or adjacent to a river component designated or proposed for inclusion in the National System of Wild and Scenic Rivers.

(5) The preparation of an environmental assessment or an environmental impact statement will be required if the project involves any of the following extraordinary circumstances:

(a) significant impact on publicly owned parklands, recreation areas, wildlife or waterfowl refuges, or any significant historic site;

(b) significant impact on wetlands or prime farmlands;

(c) significant impact on the human environment that may result from large acquisitions of right-of-way, relocations of persons or businesses, changes in traffic patterns, changes in grade, or other types of changes;

(d) significant impact on air, noise, or water quality;

(e) substantial controversy on environmental grounds; or

(f) any other kind of significant environmental impact.

History

Authorizing statute(s): 2-3-103, 2-4-201, 75-1-103, 75-1-201, MCA
Implementing statute(s): 75-1-103, 75-1-201, MCA
History: NEW, 1989 MAR p. 900, Eff. 7/14/89; AMD, 2014 MAR p. 2950, Eff. 12/12/14.

Chapter 18.3 Contractor Debarment

Subchapter 18.3.1 Contractor Debarment Procedures

Mont. Admin. R. 18.3.101 Purpose

(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.

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 18-1-102, 18-2-313, 18-4-301, 60-2-111, 60-2-112, and 60-2-201, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Mont. Admin. R. 18.3.102 Definitions

The following definitions shall apply for the purpose of these rules:

(1) "Adequate evidence" means information sufficient to support the reasonable belief that a particular act or omission

has occurred.

(2) "Administrator" is an administrator of a division of

the Montana department of transportation.

(3) "Commission" is the Montana transportation commission.

(4) "Convicted" means any finding of guilt of an offense, whether after a trial or upon a plea of guilty or nolo contendere (or any equivalent) in any court in the United States, whether or not it is pending appeal. A conviction ceases to be a conviction only when it is later reversed by a court of competent jurisdiction.

(5) "Debarment" is an action taken or decision made by an agency, other than temporary determinations of nonresponsibility or suspension, that excludes a person from bidding on or participating in projects and contracts. Debarment or suspension of a person under these rules constitutes debarment or suspension of all its divisions and other organizational elements.

(6) "Department", unless obviously referring to another agency, is the Montana department of transportation.

(7) "Director" is the director of the Montana department of transportation.

(8) "Notice" is written communication served in person or sent by certified mail, return receipt requested or equivalent, to the last known address of a person, its identified counsel, its agent for service of process, its then-listed corporate agent, or any partner, officer, director, owner, or joint venturer of the party. Notice, if returned by the U.S. postal service as being undeliverable by mail, shall be considered to have been received by the addressee five days after being properly sent to the last address known to the department. It is the responsibility of persons doing business with the department to provide current, accurate mailing addresses.

(9) "Participating" in a department project means a person performing any work in any capacity (e.g., prime contractor, subcontractor, sub-subcontractor, clearing rights-of-way for utilities, designer, consultant, etc.) , or providing any equipment, labor, services, or materials to be used in the project.

(10) "Person" is any individual, corporation, partnership, firm, association or other legal entity, however organized.

(11) "State" applies to any of the United States and the District of Columbia, unless by its use in these rules it clearly is limited only to Montana.

(12) "Suspension" is a temporary exclusion of a person from bidding on or participating in contracts, work or projects during the period pending completion of any investigation into, and the initiation and completion of, possible debarment proceedings as may ensue. It is a discretionary administrative decision by the director, and is appealable only to the commission under the procedures stated in ARM 18.3.106.

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 60-2-111, 60-2-112, and 60-2-201, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Mont. Admin. R. 18.3.103 Scope

(1) During a period of debarment by the department, another Montana state government agency, any other state, or the federal government, a debarred person may not participate in work, contracts or projects with the department, whether or not the department knew of the debarment or debarment action, aside from projects or contracts already awarded to a person at the time it is debarred.

(2) A person submitting a bid on a federal-aid project must certify compliance with Part XI of the Federal Highway Administration Form FHWA 1273 (Required Contract Provisions, Federal-Aid Construction Contracts) and provide certification to the department that all subcontractors, material suppliers, vendors and other lower tier participants used are in full compliance with Part XI of the Form FHWA 1273. A person submitting a bid to the department on a federal-aid contract must make its certification part of every subcontract, material supply agreement, purchase order or other covered lower tier transaction. "Covered lower tier transactions" include primary purchase of materials for contract items incorporated into the work. A copy of the Form FHWA 1273 may be obtained from department offices at 2701 Prospect Avenue, Helena, MT 59620-1001.

(3) Debarment is distinct from a commission finding of nonresponsibility. The commission has the authority and ability in its discretion to find a person nonresponsible for purposes of disallowing a bid on a project or contract, or prohibiting a person from otherwise participating in a project or contract (e.g., as a subcontractor, supplier, etc.) without conducting debarment proceedings.

(4) Debarment applies both to a firm and individuals. In the case of the former, it may be applied against any or all businesses in which a firm has involvement (i.e., joint ventures) , or over which it has ownership or control (i.e., subsidiaries) . In the case of the latter, debarment may be applied to and enforced against any and all businesses in which the individual has any level of interest, ownership, or control.

(5) If debarred by the federal government or any Montana government agency, a person may not bid on or otherwise participate in any department project or contract in any capacity (prime contractor, subcontractor, supplier, etc.) , including as a separate contractor for a utility to relocate utilities required by a department project, until after the completion of the entire debarment period, whether or not the department debars the person. Debarment proceedings may proceed even if the person ceases doing business during the proceedings.

(6) If a person is debarred by any agency of the federal government for any period, the department may debar it for a period up to that set by the federal government without need for further debarment proceedings. The only evidence required in a debarment hearing in a case based on an existing debarment will be a certified copy of an order, agency letter or other final action declaring the debarment in the other jurisdiction. That will not prevent the person from presenting evidence to dispute the proposed debarment or its length. If the person is debarred by a branch or agency other than of the Montana or federal government (i.e., another state, a county, etc.) , or if the department may wish a debarment period exceeding that set by the other Montana agency or the federal government, the department must hold debarment proceedings before increasing the debarment period.

(7) A person planning to bid on or participate in a department contract or work, or who has already bid on or is participating in a department contract or work, must immediately notify the director in writing of any debarment or suspension against it, or of any debarment or suspension proceedings pending against it in any jurisdiction.

History

Authorizing statute(s): 60-2-201 and 60-3-301, MCA
Implementing statute(s): 60-2-111 and 60-2-112, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Mont. Admin. R. 18.3.104 Reasons for Debarment

(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.

(b) Filed a false, fictitious or fraudulent claim to any federal or state agency in conjunction with: work performed on a department project; work performed for the department; or any claim that the department (or the state of Montana as the department's self-insuring entity) owes the person for purported acts of the department or one of its agents. If a contractor submits a claim, either under the department claims procedure, in a lawsuit against the department, or by any other means, which is not adequately and fully supported with factual evidence and cost data, it will be considered to be false, fictitious or fraudulent under these rules;

(c) Violated terms of a public agreement or contract, affecting his integrity for future contracts with the department or performance in department contracts. This includes:

(i) a willful failure to perform in accordance with the terms of one or more public agreements or transactions, including contract requirements (i.e., standard specifications, special provisions, etc.) , or serious or repeated violations of specifications, bid requirements or claims procedures. If a person wishes to contract with the department or participate in projects, he must abide by the department's specifications and requirements, or will no longer be allowed the privilege;

(ii) a history of failure to perform or of unsatisfactory performance in one or more public agreements or transactions. This includes, among other possible examples, a common or repeated practice of a contractor submitting low bid and later submitting claims which are determined to be unfounded or unreasonable (i.e., claiming for work or conditions which were called for in or should reasonably have been anticipated for the project) , and a prime contractor = s repeated failure to promptly pay its subcontractors and/or suppliers after the prime has been paid by the project owner;

(iii) a failure to reimburse the department, after written demand is made, for an overpayment made by the department to the person under a contract;

(iv) a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction; or

(v) serious or repeated violations of U.S. or Montana department of labor wage requirements.

(d) Knowingly violated Montana or federal disadvantaged business enterprise (DBE) programs. It includes violations of the department's DBE program (i.e., establishing or dealing with a known DBE "front"; dealing with a DBE which he knows is not performing a "commercially useful function"; or performing part of the DBE's required work; or not making prompt payment as required by law to DBE subcontractors or suppliers) ;

(e) Has done, is doing, or is attempting to do business with, a debarred, suspended or otherwise ineligible person on a department project or contract while knowing of the debarment, suspension or ineligibility;

(f) Has not timely paid all required taxes (i.e., fuel taxes) , fees, charges or wages in connection with its work on a project(s) , or has not procured all legally-required permits or notices for the due and lawful prosecution of its work;

(g) Has not observed or complied with significant required laws or regulations in the accomplishment of its work; or

(h) For any other cause of so serious or compelling a nature that it affects the present responsibility of the person.

(2) For purposes of these rules, an indictment or the filing of criminal charges of offenses enumerated in these rules against the person shall constitute adequate evidence for purposes of suspension.

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 17-8-231, 18-1-102, 18-2-313, 60-2-111, 60-2-112, and 60-2-201, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Mont. Admin. R. 18.3.105 Procedures

(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.

(5) The person against whom debarment is being considered has the right to be accompanied, represented and advised by counsel, and to appear in person or by or with counsel. Counsel will not be provided by or at the expense of the department.

(6) Service of notice and later documents for the hearing will be complete and effective when made upon a person, or his counsel, if he has counsel.

(7) Upon timely receipt of a written request for an administrative hearing, the director shall appoint a hearing examiner. A written notice appointing the hearing examiner shall be issued by the director, and sent to the person requesting the hearing.

(8) The proceedings may be handled informally using the procedures stated in model Rule 11, ARM 1.3.215.

(9) A notice of hearing shall be sent by the hearing examiner to the person requesting the administrative hearing. The notice shall include:

(a) A statement of the date, time, and location of the hearing;

(b) A reference to the provisions of the violation(s) involved;

(d) A statement advising the party of its right to be represented by legal counsel at the hearing.

(10) The hearing examiner shall not engage in communications prohibited by 2-4-613, MCA.

(11) For administrative hearings:

(a) The department shall record any administrative hearing conducted and maintain an administrative record of the proceedings. The administrative record shall include:

(i) the initial determination of the administrator;

(ii) the written request for administrative hearing;

(iii) the appointment of the hearing examiner;

(iv) the notice of administrative hearing;

(v) the evidence offered to, or considered by, the hearing examiner;

(vi) any objections and rulings thereon;

(vii) all matters placed on the record at the administrative hearing;

(viii) all briefs or memoranda submitted by the parties; and

(ix) any transcript made of the proceedings.

(b) The hearing examiner presiding over the hearing shall have the powers and duties stated in 2-4-611(3) , MCA.

(c) Discovery will be available to the parties in accordance with Rules 26, 28 through 37 (except Rule 37(b) (1) and 37(b) (2) (d) ) of the Montana Rules of Civil Procedure in effect as of the date of the adoption of these rules. Provided that: all references in the Montana Rules of Civil Procedure to a "court" are considered to refer to the department; all references to the use of subpoena power are considered to refer to the power in these rules; references to "trial" are considered to refer to the hearing; all references to "plaintiff" are considered to refer to a "party"; all references to "clerk of court" are considered to refer to the department person designated by the director to keep documents filed in the case.

(i) If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the department, the refusal to obey the department's order shall be enforced as provided in these rules.

(ii) If a party seeking discovery from the department believes he has been prejudiced by a protective order issued by the department under Rule 26(c) , Montana Rules of Civil Procedure, or, if the department refuses to make discovery, the party may petition the District Court, First Judicial District for the County of Lewis and Clark, for review of the intermediate agency action under 2-4-701, MCA.

(d) The department and the hearing examiner shall have the same authority, powers, and responsibilities for issuing and enforcing subpoenas and subpoena duces tecum as stated in Model Rule 25, ARM 1.3.230.

(e) The usual order of presentation at a hearing shall be:

(i) Argument and the submission of evidence and testimony on behalf of the department;

(ii) Argument and the submission of evidence and testimony from the party requesting the hearing; and

(iii) The introduction of rebuttal evidence and testimony by the department.

(f) The hearing may be continued with recesses as determined by the hearing examiner.

(g) Evidence introduced at the hearing may be received in written form or oral testimony given under oath or affirmation. Parties have a right to cross-examine all persons testifying at a hearing.

(i) The hearing examiner may consider hearsay evidence for the purpose of supplementing or explaining other evidence. A decision should not ordinarily be based wholly upon hearsay evidence, however, circumstances in some cases may require it (i.e., debarment based on a prior debarment in another jurisdiction) , at the discretion of the hearing examiner.

(ii) Judicially noticed facts are not hearsay.

(iii) Fraudulent, criminal or other seriously improper conduct of any individual (officer, director, shareholder, partner, employee, or other individual associated with a person) may be imputed to the person when the conduct occurred in connection with the individual's performance of duties for or on behalf of the person, or with the person's knowledge, approval, or acquiescence. The person's acceptance of the benefits derived from the conduct will be evidence of such knowledge, approval or acquiescence.

(iv) The department's experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.

(v) Exhibits shall be marked and the markings shall identify the party offering the exhibit. Exhibits shall be preserved by the department as part of the administrative record.

(h) Objections to offers of evidence must be made at the time of the offer and shall be noted in the administrative record. A hearing examiner may rule on evidentiary objections at the time of the hearing, after receipt of oral or written argument by the parties, or at the time of entry of the proposed decision.

(i) The person must present all potential and available grounds to contest the debarment, and failure to raise an issue before the hearing examiner will waive that issue's consideration on any appeal or potential judicial review.

(j) The department's burden of proof for the hearing will be a preponderance of the admissible evidence presented. That is proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.

(k) After the hearing and any required post-hearing briefs and submissions, the hearing examiner shall enter a proposed decision, which shall be served on all parties by certified mail, return receipt requested, to their designated agent. The proposed decision shall contain findings of fact and conclusions of law supported by the administrative record, and recommend a proposed action to the director.

(12) The director shall within 30 days review the proposed

decision and enter the department's final decision. The director may accept, reject or modify the proposed decision. The director's final decision shall contain findings of fact and conclusions of law, and shall be mailed to the parties by certified mail, return receipt requested.

(13) The sole method of appeal of the director's decision is as follows:

(a) The director's decision is final unless appeal is made

to the commission. An appeal may only be made if it is submitted to the director in writing, and only if received by the director's office no later than 10 calendar days after date of mailing of the final decision to the designated agent of the appealing party. If delivery of the final decision is refused or for any other reason not able to be delivered to the designated agent (i.e., returned as undeliverable, addressee moved and left no forwarding address, etc.) , the decision will be final and the 10-day appeal period will begin to toll on the date the certified letter is returned to the director's office.

(b) Appeal of the director's decision is to the commission, which shall review the administrative record of the proceedings and its findings and conclusions only. The commission will determine whether or not the findings and conclusions are supported by that record. The commission may affirm, reject or modify the director's decision. If the commission determines that the record does not support the findings and conclusions, it may refer the matter back to the director for any action the commission deems appropriate and directs.

(c) The commission's review will not be a de novo hearing, nor will it receive written briefs from a party except on the issue of whether or not the findings and conclusions are supported by the administrative record. The commission will not hear oral argument or testimony, or receive any evidence that was not presented in the hearing.

(d) A stenographic record of the oral proceedings of the administrative hearing will be transcribed upon receipt of a written request. The department may arrange for the record to be transcribed by a business, rather than by the department, in which case the requester will be responsible to make direct arrangements for payment with the firm. Otherwise, the estimated cost of transcription and mailing must be paid by the requester prior to transcription of the record. Any balance of payment due must be received by the department prior to delivery, and any amount determined to be excess shall be returned to the requester upon completion of the transcript.

(e) All final decisions and orders shall be available for

public inspection on request. Copies of final decisions and orders will be given to the public on request on payment of reasonable costs.

(14) The period of debarment will be commensurate with the

seriousness of the cause(s) , and be for a specified term. While the term will usually not exceed three years, if circumstances warrant, a longer period of debarment may be imposed.

(a) The date(s) of the offenses for which debarment is imposed are inapplicable to a debarment period and participation in projects or contracts.

(b) Projects or contracts already awarded to a person at the time it is debarred will not be affected, except as follows: A bid may be rejected, or contract award rescinded, if a person submits the bid or is awarded the contract after the date on which it was debarred by any agency or in any jurisdiction.

(15) The procedures herein provided are mandatory for anyone wishing to contest a debarment. Failure to properly request a hearing, present all defenses, or to perfect an appeal

will be a failure to exhaust administrative remedies, and will absolutely waive the protesting party's right to any judicial review that might otherwise be available.

(16) Reinstatement of a debarred person occurs automatically after the completion of the entire time period of the debarment.

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 60-2-111, 60-2-112, and 60-3-101, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Mont. Admin. R. 18.3.106 Suspension

(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.

(7) However, no opportunity to contest the suspension will be provided if:

(a) the suspension is based upon the filing of a felony information or indictment, or conviction or civil judgment, involving actions applicable under ARM 18.3.104; or,

(b) a determination is made in writing by the director, based on the advice of department = s legal counsel, that the substantial interests of the state in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced by the above (e.g., interfering with a state or federal criminal investigation, having to identify a confidential informant, etc.) .

(8) If the person wishes to appeal the director = s decision, the sole appeal will be to the Montana transportation commission, which will review the written record of the appeal either at a regular or special meeting, consistent with the commission = s policies for public notice of meetings. The commission will not receive new evidence, but will only review the documentation that was available to the director, together with the transcript of the person = s appearance before the

director. The commission may, upon majority vote of its members, hear oral argument on the issues involved. The commission will issue its written decision within 10 working days of its meeting.

(9) The decision of the commission will be final. It is a discretionary decision made in the commission = s status as a quasi-judicial board.

(10) The time of suspension may, but need not, be included in any eventual period of debarment, at the discretion of the director or commission.

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 60-2-111, 60-2-112, and 60-3-101, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Subchapter 18.3.2 Standards of Responsibility

Mont. Admin. R. 18.3.201 Standards of Responsibility

(1) Among factors

(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;

(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.

(2) Nothing shall prevent the commission from establishing additional responsibility standards for a particular contract or all future contracts, provided that these additional standards are set forth in the contract documents (e.g., its specifications) .

(3) A prospective contractor must supply information requested by the commission concerning the responsibility of the contractor. If the contractor fails to supply the requested information, the commission shall base a determination of responsibility upon any available information or may find the prospective contractor nonresponsible.

(4) The prospective contractor may demonstrate the availability of necessary financing, equipment, facilities, expertise, and personnel by submitting upon request:

(a) evidence that the contractor possesses the necessary items;

(b) acceptable plans to subcontract for the necessary items; or

(5) If a bidder who otherwise may have been awarded a contract is found nonresponsible, or if a person is otherwise found nonresponsible, a written determination of nonresponsibility setting forth the basis of the finding must be prepared by the commission. The determination must be made part of the contract file and a copy of the determination mailed to the affected bidder. The determination may be for a stated period of time, although that is not necessary.

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) :

History

Authorizing statute(s): 60-2-201 and 60-3-101, MCA
Implementing statute(s): 60-2-111 and 60-2-112, MCA
History: NEW, 1996 MAR p. 3133, Eff. 12/6/96; AMD, 2001 MAR p. 978, Eff. 6/8/01.

Chapter 18.4 Engineering Division

Subchapter 18.4.1 Transportation Construction Bids

Mont. Admin. R. 18.4.110 Definitions

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.

History

Authorizing statute(s): 30-18-118, 60-2-201, MCA
Implementing statute(s): 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
History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; AMD, 2018 MAR p. 1599, Eff. 8/11/18.

Mont. Admin. R. 18.4.111 Submission of Transportation Construction Bid

(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.

History

Authorizing statute(s): 30-18-118, 60-2-201, MCA
Implementing statute(s): 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
History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; AMD, 2018 MAR p. 1599, Eff. 8/11/18.

Mont. Admin. R. 18.4.112 Electronic Bid Submission

(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.

History

Authorizing statute(s): 30-18-118, 60-2-201, MCA
Implementing statute(s): 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
History: NEW, 2004 MAR p. 2915, Eff. 12/3/04; AMD, 2007 MAR p. 1445, Eff. 10/1/07; AMD, 2018 MAR p. 1599, Eff. 8/11/18.

Subchapter 18.4.2 Construction Contracting

Mont. Admin. R. 18.4.201 Alternative Contract Project Delivery Methods

(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.

History

Authorizing statute(s): 60-2-201, 60-3-101, MCA
Implementing statute(s): 60-2-111, 60-2-112, 60-2-134, 60-2-201, MCA
History: Ch. 145, L. 2023, Section 1; NEW, 2023 MAR p. 705, Eff. 7/22/23.

Subchapter 18.4.3 Better Local Bridge State Special Revenue Account

Mont. Admin. R. 18.4.301 Definitions

(1) "Better local bridge (BLB) fund" means the state special revenue fund provided for in 17-2-102, MCA.

(2) "BLB funds" mean monies disbursed from the BLB fund.

(3) "Fiscal year" means the twelve-month period between July 1 and the following June 30.

(4) "Local government" means a Montana city, town, county, or consolidated city-county government.

(5) "Match" or "matching funds" are funds that a local government must contribute to be eligible for BLB funds.

(6) “Non-NBI structure” means a culvert or minor bridge that is open to public use, is not included in the National Bridge Inventory (NBI), and is owned by and under the jurisdiction of a local government.

(7) “Off-system bridge (OSB)” means a National Bridge Inventory (NBI) bridge open to public use that is owned by, and under the jurisdiction of, a local government.

History

Authorizing statute(s): 60-2-212, MCA
Implementing statute(s): 60-2-212, MCA
History: NEW, 2026 MAR, Notice No. 2026-332, Eff. 7/11/26.

Mont. Admin. R. 18.4.302 Eligibility

(1) Any local government in Montana may apply for BLB funds for OSBs and non-NBI structures it owns.

(2) Local governments must complete and submit the BLB funds application using the department’s designated online portal, which begins accepting applications on the third Tuesday in October of each year at 10:00 a.m., with funds distributed by June 30 of the same state fiscal year.

(3) The application must include the following information:

(a) location of the OSB or non-NBI structure, including:

(i) the MDT bridge ID number (if applicable);

(ii) the road or facility carried; and

(iii) the feature crossed by the OSB or non-NBI structure;

(b) a description of the project scope, purpose, and need, including an explanation of the type of replacement or repair, and the impact on the existing load posting, if applicable;

(c) the total project cost, including a breakdown showing the costs associated with development, engineering, and construction;

(d) the amount of BLB funds requested; and

(e) the amount of local matching funds the local government will contribute.

(4) If an application is incomplete the department may request additional information to ensure the application meets the requirements of 60-2-212, MCA.

(5) A local government shall not receive more than $1 million of BLB funds per fiscal year.

(6) The local government must administer the project.

(7) Joint applications count as an award to each participating local government.

(8) Unsuccessful applicants may submit another application if BLB funds remain available in the same fiscal year.

(9) BLB funds shall only be used for OSBs and non-NBI structures owned by the local government.

(10) BLB funds may only be used for:

(a) a new OSB replacing an existing OSB;

(b) a non-NBI structure replacing an existing OSB;

(d) repairing an OSB such that the existing load posting is improved.

History

Authorizing statute(s): 60-2-212, MCA
Implementing statute(s): 60-2-212, MCA
History: NEW, 2026 MAR, Notice No. 2026-332, Eff. 7/11/26.

Mont. Admin. R. 18.4.303 Disbursement Terms and Conditions

(1) All eligible project applications received within the first 72 hours of the application date will be prioritized and awarded as follows:

(a) Closed bridges: These will be ranked in the order they are received based upon the digital timestamp of the department’s receipt of a complete application and will be selected and approved in sequence until available funds are exhausted.

(b) Bridges with load postings of five tons or less: If funds remain after approving all closed bridge projects, bridges with load postings of five tons or less will be ranked in the order of receipt as described in (a) and selected and approved in sequence until the remaining available funds are exhausted.

(c) All other load posted bridges: If funds remain after approving all bridges with load postings of five tons or less, all other load posted bridges will be ranked in the order of receipt as described in (a) and selected and approved in sequence until the remaining available funds are exhausted.

(d) All other bridges: If funds remain after (a), (b), and (c), all other bridges will be ranked in the order of receipt as described in (a) and selected and approved in sequence until the remaining available funds are exhausted.

(e) Any eligible projects submitted after the initial 72-hour period will be selected and approved in the order received if funds remain available.

(f) The department may apply its technical expertise to objectively select projects that would otherwise not rank high enough under the above criteria, based on considerations that may include, but are not limited to:

(i) the overall impact the load posting of the existing structure has on the community;

(ii) any positive impact the project would have on safe transportation and essential services.

(2) BLB funds will be distributed as a lump sum payment upon execution of a project agreement and MDT approval of a Montana Environmental Policy Act (MEPA) checklist completed by the local government.

(3) Any project cost increases are the sole responsibility of the local government.

(4) BLB funds may only be used for the project as described in the approved application.

(5) Local governments must submit a final close-out report within 90 days of the local government’s final acceptance of the project.

(6) Failure to submit a final close-out report within 90 days of the local government’s final acceptance of the project may result in:

(a) the local government being ineligible for any future BLB funds distribution until a final close-out report is submitted and accepted by the department in writing; and

(b) the local government being responsible for repayment of BLB funds.

History

Authorizing statute(s): 60-2-212, MCA
Implementing statute(s): 60-2-212, MCA
History: NEW, 2026 MAR, Notice No. 2026-332, Eff. 7/11/26.

Chapter 18.5 Preconstruction Bureau

Subchapter 18.5.1 Highway Approaches

Mont. Admin. R. 18.5.103 Definitions

(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.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-105, 60-5-107, MCA
History: NEW, Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83; AMD, 2013 MAR p. 1442, Eff. 8/9/13.

Mont. Admin. R. 18.5.104 Approach Permit

(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.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-104, 60-5-105, MCA
History: NEW, Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83; AMD, 2013 MAR p. 1442, Eff. 8/9/13.

Mont. Admin. R. 18.5.105 General Requirements

(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.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-104, 60-5-105, MCA
History: NEW, Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83; AMD, 2013 MAR p. 1442, Eff. 8/9/13.

Mont. Admin. R. 18.5.112 Design Requirements

(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.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-104, 60-5-105, MCA
History: NEW, 1983 MAR p. 991, Eff. 7/29/83; AMD, 2013 MAR p. 1442, Eff. 8/9/13.

Chapter 18.6 Right-of-Way Bureau

Subchapter 18.6.2 Outdoor Advertising Regulations

Mont. Admin. R. 18.6.202 Definitions

(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;

(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.

(2) "Agricultural Activity" means any activity on improved or unimproved land directly related to the production of crops, dairy products, poultry, or livestock; any activity directly related to the cultivation or harvesting of trees; or any activity directly related to fish farms.

(3) "Apron" or "base" means the area beneath the bottom molding of the front of a billboard.

(4) "Back to back" means billboard faces erected on one structure facing in opposite directions.

(5) "Blank sign" means a sign structure that has no face or has faces without 100 percent advertising cover.

(6) "Bus bench" or "bench" means a structure built for the dedicated purpose of providing seating for transit riders while waiting for a public transit vehicle. The term does not include benches erected as trail or street furniture unrelated to transit operations.

(7) "Clear zone" means the total roadside border area, starting at the edge of the traveled way, that is available for an errant driver to stop or regain control of a vehicle. The area might consist of a shoulder, a recoverable slope, or a nonrecoverable, traversable slope with a clear run-out area at its toe.

(8) "Commercial advertising" means advertising of commercial interests which promotes merchandisers' goods and services and creates a potential financial benefit as a result of the exposure of the business name rather than advocating a social or political cause.

(9) "Commercial variable message signs (CVMS)" means signs other than electronic billboards which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, producing the illusion of movement by means of electrical or electro-mechanical input and/or the characteristics of one or more of the following classifications:

(a) flashing signs are animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as, more than, or less than the period of no illumination;

(b) patterned illusionary movement signs are animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion;

(c) environmentally activated signs are animated signs or devices motivated by wind, thermal changes or other natural environmental input, including spinners, pinwheels, pennant strings, reflective disks, rotating slats, glow cubes and/or other devices or displays that respond to naturally occurring external motivation to include light-sensitive devices;

(d) mechanically activated signs are animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

(10) "Commercial or industrial zone" is defined at 75-15-103, MCA, and has the additional meaning of those areas established by the zoning authorities as being most appropriate for commerce, industry, or trade, regardless of how labeled. The zones are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway-oriented business), retail, trade, warehouse, and similar classifications.

(11) "Conforming sign" means a sign legally erected and maintained in accordance with federal, state, and local laws.

(12) "Controlled route" means any route on federal-aid interstate, National Highway System (NHS), or primary system in existence on June 1, 1991.

(13) "Customary maintenance" means the action necessary to keep a sign in good condition by replacement of parts damaged or worn by age, or painting of areas exposed to the weather.

(14) "Destroyed sign" means a sign that is no longer in existence due to factors other than vandalism or other criminal or tortious acts.

(15) "Dilapidated sign" means a sign which is neglected or in disrepair, or which fails to be in the same form as originally constructed, or which fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include, but are not limited to structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, or intended messages that cannot be interpreted by the motoring public.

(16) "Directional sign" means a sign erected for the purpose of identifying publicly or privately owned places that feature natural phenomena or ranch locations; historical, cultural, scientific, religious, or educational opportunities; areas of scenic beauty or outdoor recreation areas; or ranch activities.

(17) "Discontinued sign" means a sign no longer in existence. A discontinued sign includes a sign of which any part of a sign face is missing for more than 60 days. In some cases, a sign may be both discontinued and dilapidated.

(18) "Electronic billboard (EBB)" means electronic signs on which messages may be changed on-site or remotely through hard wire or wireless communications and which have the capability to present any amount of text or symbolic imagery. The term includes, but is not limited to, "digital" signs, and "light emitting diode (LED)" signs. The term does not include commercial variable message signs.

(19) "Facing" means the direction that a panel is exposed to display advertising copy.

(20) "Height above ground level (HAGL)" means the distance in feet from the ground level to the lowest edge of the bottom molding of the sign display face (panel).

(21) "Illegal sign" means those signs which are erected or maintained in violation of laws.

(22) "Illuminated" means outdoor advertising structures with electrical equipment installed for illumination of the message at night.

(23) "Interchange" is defined at 75-15-103, MCA, and has the additional meaning of a junction of two or more highways by a system of separate levels that permit traffic to pass from one to another without the crossing of traffic streams, and a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.

(24) "Intersection" is defined at 75-15-103, MCA, and has the additional meaning of a system of two or more interconnecting roadways without a grade separation providing for the exchange of traffic. Only a road, street, or highway which enters directly into the controlled route is regarded as intersecting.

(25) "Main-traveled way" means the interstate, national highway system, and federal-aid primary highway system on which through traffic is carried. In case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. The term does not include such facilities as frontage roads, turning roadways, or parking areas.

(26) "Mobile advertising device" or "car wrap" or "taxi display" means devices displayed on vehicles that may independently become part of traffic flow, or may be parked at specific locations, and which are capable of being transported over public roads and streets whether or not it is so transported. The term includes devices displayed on other portable or movable objects or animals.

(27) "Multi-face sign" means a sign having more than one face (e.g., doubles, v-type, back-to-back, side-by-side and stacked).

(28) "Noncommercial sign" means a sign that does not display commercial advertising. The department shall make the determination of a noncommercial sign designation on a case-by-case basis. The term does not include official signs.

(29) "Nonconforming sign" is defined in 75-15-111, MCA, and also has the meaning of an outdoor advertising sign which was lawfully erected but which does not comply with the provisions of state law or state administrative rules passed at a later date, or which fails to comply with state law or state administrative rules due to changed conditions. The term does not include illegally erected or maintained signs.

(30) "Obsolete sign" means a sign that identifies or advertises a business or other entity that has relocated or no longer exists, or products or services that are no longer available, or events or activities that occurred in the past.

(31) "Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law, for the purposes of carrying out an official duty or responsibility. Historical markers and public utility signs authorized by state law and erected by state or local government agencies may be considered official signs.

(32) "Off-premise sign" means a sign directing attention to a specific business, product, service, entertainment event or activity, or other commercial activity that is not sold, produced, manufactured, furnished, or conducted at the property upon which the sign is located.

(33) "On-premise sign" means a sign which consists solely of the name of the establishment or which identifies the establishment's principal or accessory products or services offered on the property or advertises the sale or lease of the property on which the sign is located. The sign must be located on the same premises as the establishment, activity, or property advertised.

(34) "Panel" means a portion of a billboard face.

(35) "Permit" means a license granted by state or local government that authorizes a sign structure to be erected and maintained at a specific site.

(36) "Pictograph" means a pictorial representation used to identify a governmental jurisdiction or an area of jurisdiction.

(37) "Political sign" means a sign which announces, promotes, or advertises the name, program, or political party of any candidate for public office, or an opinion regarding a political issue associated with a candidate or election.

(38) "Right-of-way" means the area along a highway or arterial street that is under the control of a city, county, or state.

(39) "Rural area" means any area not defined as an urban area.

(40) "Shelter" means a structure built for the dedicated purpose of protecting transit riders from the elements while waiting for a public transit vehicle. The term includes structures known as transit shelters or passenger shelters, intended for human occupancy, but does not include a structure erected for housing of buses or other vehicles.

(41) "Sign face" means the surface of the sign that carries the advertising message and is the portion of the sign visible from a single direction of travel and available for advertising. It includes border and trim, but excludes the base or apron, supports, sign posts, and other structural members. The total area of all sign faces may also be referred to as the "sign area." One sign structure may have more than one face.

(42) "Sign structure" means the portion of the sign that supports the sign face(s) including the sign posts, base or apron, supports, and other structural members.

(43) "Spot-zoning" means the labeling of tracts near highway interchanges as "commercial" or "industrial" solely to permit advertising devices.

(44) "Strip-zoning" means the labeling of any stretch of land adjacent to controlled highways as "commercial" or "industrial" solely to permit advertising devices.

(45) "Temporary sign" means a sign intended to be displayed for a limited period of time only in conformity with ARM 18.6.240.

(46) "Transit outdoor advertising permit" or "transit advertising permit" means a special use permit issued by the department for commercial advertising on a transit/passenger shelter or bus bench located within government-owned right-of-way, which qualifies under ARM 18.6.236. A transit outdoor advertising permit is exempt from certain administrative rule requirements in this chapter on qualification, application process, inspection fee, location, size, spacing, intersection distances, and certain sign characteristics, but must meet all requirements on those elements found in ARM 18.6.236.

(47) "Trim" means the moldings surrounding the face of a sign structure.

(48) "Unzoned commercial or industrial area" is defined in 75-15-103, MCA, and also has the meaning of an area with no comprehensive zoning, or where a local municipality cannot zone.

(49) "Urban area" is defined in 75-15-103, MCA, and also has the meaning of areas within the boundaries shown on the department's official urban maps.

(50) "V-type sign" means a sign structure that consists of multiple sign faces placed at angles to each other, oriented in different directions and not exceeding ten feet apart at their nearest point.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-103, 75-15-111, 75-15-112, 75-15-113, 75-15-121, MCA
History: NEW, Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, 1983 MAR p. 1725, Eff. 11/26/83; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 1458, Eff. 7/17/08; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2014 MAR p. 213, Eff. 1/31/14; AMD, 2016 MAR p. 1440, Eff. 8/20/16; AMD, 2017 MAR p. 1517, Eff. 9/9/17.

Mont. Admin. R. 18.6.203 Unzoned Commercial Activity

(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 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.

(2) A maximum of two signs may be permitted from a qualifying commercial activity and its associated building, regardless of the number of qualifying commercial activities conducting business from the same building.

(3) Signs must meet the following requirements:

(a) the sign(s) must be located on the same side of the controlled route as the qualifying activity;

(b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity and must not be located between the parallel road and the controlled route.

(4) Unzoned commercial areas are not created when:

(a) a commercial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority;

(b) a commercial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising;

(c) the building associated with the commercial activity is used solely to store trade equipment or is not integral to the business operation where actual business transactions take place.

(5) If the qualifying commercial activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair of nonconforming signs found at ARM 18.6.251. If a qualifying commercial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the commercial activity's operation and nine months thereafter.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-103, 75-15-111, 75-15-113, MCA
History: NEW, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.204 On-Premise Signs - Qualifying Locations

(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.

(3) The purpose of the advertising sign must be the identification of:

(a) the principal establishment;

(b) the principal activity located on the premises;

(d) the sale or lease of the property on which the sign is located.

(4) On-premise signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device are prohibited.

(5) When a sign consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or if the sign brings rental or lease income to the property owner, the sign shall be considered the business of outdoor advertising and not an on-premise sign.

(6) Signs located on land in the following situations are not considered on-premise advertising:

(a) any land on which a sale or lease sign contains advertising for any product or service not conducted upon the premises;

(b) any land which is not used as an integral part of the principal activity, including but not limited to land which is separated from the activity by:

(i) a roadway;

(ii) a highway;

(iii) any other obstruction not used by the activity;

(iv) extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility whether or not it is under the same ownership;

(d) any land occupied solely by structures or uses which serve no reasonable or integrated purpose related to the principal activity other than to attempt to qualify the land as a site for signs, including but not limited to playgrounds, camping areas, walking paths, fences, and maintenance sheds; or

(e) any land where the sign is located at or near the end of a narrow strip contiguous to the advertised activity, including but not limited to any configuration of land which cannot be put to any reasonable use related to the activity other than as a site for signs, such as wetlands, common or private roadways, or a strip of land held by easement or other lesser interest.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-103, 75-15-111, 75-15-113, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.205 Off-Premise Signs - Locations - Compliance with Statutes, Rules, Ordinances

(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) The provisions of these outdoor advertising rules shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor advertising or sign ordinances that are more restrictive than this rule.

(9) Off-premise signs permitted by the department shall also comply with all federal, state, county, and local statutes, rules, and ordinances on outdoor advertising.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-104, 75-15-111, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.206 Unzoned Industrial Activity

(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.

(2) A maximum of two signs may be permitted from a qualifying industrial activity and its associated building, regardless of the number of separate qualifying industrial activities conducting business from the same building.

(3) Signs must meet the following requirements:

(a) the sign(s) must be located on the same side of the controlled route as the qualifying industrial activity; and

(b) if the qualifying activity is separated from the controlled route by a frontage, access, or other type of road parallel to the controlled route, the sign(s) must be located on the same side of the parallel road as the qualifying activity, and must not be located between the parallel road and the controlled route.

(4) Unzoned industrial areas are not created when:

(a) an industrial activity is located either partially or totally within an area which has been zoned by a bona fide state, county, or local zoning authority; or

(b) an industrial activity is engaged in or established primarily for the purpose of qualifying an area for the displaying of outdoor advertising.

(5) If the qualifying industrial activity at the sign location ceases for a period of nine months, the sign will be deemed nonconforming, and must adhere to all outdoor advertising statutes and rules on repair of nonconforming signs found at ARM 18.6.251. If a qualifying industrial activity again becomes operational at the sign location, the sign will revert to its former conforming status for the duration of the industrial activity and nine months thereafter.

(6) The department shall be the sole determinant as to whether an area qualifies as an unzoned industrial activity.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-103, 75-15-111, 75-15-113, MCA
History: NEW, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.211 Permits

(1) A permit must be obtained for each outdoor advertising sign which meets the requirements of the Montana Outdoor Advertising Act 75-15-101, et seq, MCA, and these rules.

(2) A check payable to the Montana Department of Transportation in the amount of the nonrefundable inspection fee and the initial permit fee must accompany the sign permit application.

(3) A nonrefundable inspection fee shall be assessed for each off-premise outdoor advertising sign erected within any area subject to state control by the department.

(4) An initial permit fee shall be assessed for each off-premise outdoor advertising sign.

(5) Signs shall be assigned a permit number and given a permanent identification plate that must be attached to the structure. The permit plate must not be leased to any other party. Permit plates remain the property of the department and shall be returned to the department upon relinquishment or revocation of the permit or upon request of the department.

(6) Permits may be renewed every three years on the appropriate January 1 renewal cycle date upon payment of a renewal fee.

(7) Permits for new signs in conforming areas may be issued only after the proposed location and sign site has been checked in regard to spacing, size and lighting criteria and approved by the department.

(8) A new sign may not be erected without first applying for and receiving a permit. Failure to obtain a permit prior to sign erection may result in denial of a pending application.

(9) Ownership of a sign permit must not be transferred without the express written consent of the permit holder(s) on a form provided by the department, and submitted to the department at least 30 days prior to the transfer. Failure to timely provide the transfer form may result in voiding the transfer, or revocation of the permit. The current permit holder(s) must sign the form transferring the permit, and provide written permission and signature from the current landowner for the transfer. Permit holder or transferee may alternatively submit proof of a permanent property right (e.g., easement) for the sign location. Only off-premise commercial advertising sign permits may be transferred. Temporary, church and service club, directional, cultural, noncommercial, political, and official signs shall not be transferred, but may be terminated by permit holder request or department action.

(10) Permits may be relinquished at the written request of either the permit holder(s) or the landowner(s) subject to the department's approval. The document requesting relinquishment of a permit must be signed by the current permit holder or the landowner(s). If the permit holder(s) are unable or unwilling to sign the relinquishment document, the landowner(s) may request revocation of the permit by providing the department with a document stating the reason for revocation such as termination of the land lease between the permit holder(s) and the landowner(s) and indicating whether the landowner(s) has purchased the sign structure or if the sign structure will be removed. The landowner(s) must sign this document.

(11) Permits may be revoked upon a finding of a violation of the provisions of the Outdoor Advertising Act or the outdoor advertising administrative rules.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-122, MCA
History: NEW, Eff. 12/8/75; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 158, Eff. 1/12/96; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.212 Permit Applications - New Sign Sites

(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.

(5) Applications for permits must be accompanied by the following:

(a) both the nonrefundable inspection fee and the initial permit fee;

(b) a local zoning certification for outdoor advertising on a form provided by the department;

(c) a business license issued by a local, county, or state government authorizing the business to operate at the qualifying location, when the application is for a site located in an unzoned commercial or industrial area. 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 that location, may be substituted with department approval;

(d) a scale drawing with all details of the proposed sign structure, including accurate dimensions and a current photograph of both the staked location and the qualifying activity. All measurements must be from the outer edges of the qualifying activity's associated building for the commercial or industrial activity, along or parallel to the edge of the pavement of the controlled route, but not from the property lines of the activity; and

(e) a landowner affidavit, on a form provided by the department.

(6) The applicant must clearly stake the physical place the sign is to be erected with the exact location of the proposed sign site to enable department personnel to perform the required site inspection.

(7) Approval of an application and issuance of a permit does not alleviate an applicant from responsibility to comply with all applicable county or local regulations. Any violation of county or local regulations may result in revocation of the permit.

(8) Each application must be complete and accompanied by all required supplemental materials. The department reserves the right to reject ineligible, incomplete, or otherwise improper applications. Rejected applications will be returned to the applicant for correction of identified deficiencies by the applicant.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-122, MCA
History: NEW, Eff. 12/8/75; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.213 Permit Attachment

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-122, MCA
History: NEW, Eff. 12/8/75; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.214 Renewals

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-122, MCA
History: NEW, Eff. 12/8/75; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08.

Mont. Admin. R. 18.6.215 Fees

(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

(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

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-122, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2012 MAR p. 1525, Eff. 7/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.221 New Sign Erection - Construction Standards

(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;

(d) attach name plaque to structure identifying the sign owner;

(e) provide written and photo verification of the sign erection.

(2) When construction has been delayed through no fault of the applicant, an extension of time to erect the structure may be granted upon written request from the sign owner which explains the reason for the request. Extensions may be granted at the discretion of the department.

(3) Where a sign is erected with the purpose of its message being read from two or more highways, one or more of which is a controlled route, the more stringent of application control requirements will apply.

(4) Signs shall be rigidly suspended by means of fastening or supports so as not to be free-swinging, nor a danger to persons or property.

(5) Failure to abide by these rules may result in revocation of the permit.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-113, 75-15-122, MCA
History: NEW, Eff. 12/8/75; AMD, 1986 MAR p. 339, Eff. 3/14/86; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.231 Off-Premise Sign Standards

(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) official and on-premise signs shall not be counted nor shall measurements be made from them for purposes of determining compliance with off-premise sign spacing requirements;

(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.

(3) Off-premise permitted signs on controlled routes must not have any of the following characteristics, or the sign shall be subject to permit revocation and sign removal:

(a) signs advertising activities that are illegal under state or federal laws, rules, or regulations in effect at the location of such signs or at the location of such activities;

(b) signs that are illegal, destroyed, abandoned, or discontinued;

(d) signs that are not securely affixed to a substantial structure;

(e) signs which attempt or appear to attempt to direct the movement of traffic or which interfere with, imitate, or resemble any official traffic sign, signal, or device;

(f) signs that include directions or directional elements (e.g., an arrow indicating a turn) in locations which are so close to a turning point there is insufficient time to signal and turn safely;

(g) signs which prevent the driver of a vehicle from having a clear and unobstructed view of an intersection, official traffic control signs, or other traffic control devices;

(h) signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights;

(i) signs which have lights that change intensity or color, lasers, strobe lights, or other lights with stroboscopic effect;

(j) signs which use lighting in any way unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of the highway, or is of such low intensity or brilliance as to not cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle;

(k) signs which move or have any animated or moving parts;

(l) signs which are erected or maintained upon fences, power poles, traffic signal poles or boxes, street lights, trees, or painted or drawn upon rocks or other natural features;

(m) signs located within ten feet of a property line of a residential zoning district or an existing residential use which do not aim the light fixture away from the property line, residential use area, or right-of-way line and shield the side closest to the property line, residential use area, or right-of-way line so that the light fixture illuminates only the face of the sign;

(n) roof signs, inflatable signs, snipe signs, banners, pennants, wind-operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights;

(o) signs located within government owned right-of-way limits, except for specific information signs and tourist oriented directional signs under 60-5-501, MCA.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-113, 75-15-121, MCA
History: NEW, Eff. 12/8/75; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.232 Prohibited Signs

(1) Commercial variable message signs are prohibited on controlled routes.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, MCA
History: NEW, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 1458, Eff. 7/18/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.236 Advertising on Transit Shelters and Benches

(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.

(3) A shelter or bench located outside government-owned right-of-way is not eligible for a transit advertising permit and must meet all applicable outdoor advertising statutes and rules for a general off-premise outdoor advertising permit. A shelter or bench granted a general outdoor advertising permit for a location outside right-of-way, must not be moved onto right-of-way, or is subject to immediate permit revocation by the department, and immediate removal of the shelter or bench under department right-of-way encroachment processes.

(4) A transit advertising permit may only be issued for a shelter or bench on controlled routes which are active fixed transit routes as established by the transit agency or local government, excluding routes or portions of routes used solely for inter-city transit. Upon the transit agency's or local government's discontinuance of any portion of an active route, transit advertising permits on the discontinued portion of the route must be relinquished by the permit holder, or revoked by the department.

(5) A transit advertising permit holder may enter an agreement to allow a third party to place advertising which complies with this rule on a shelter or bench, at the permit holder's discretion, and under the permit holder's permit number and authority.

(6) Shelter advertising signs may only be placed on the interior or exterior of the side shelter panel farthest from oncoming traffic, perpendicular to the road. The designated shelter panel may only display one sign on the interior, and one sign on the exterior, for a limit of two signs per shelter. Each sign must not exceed 24 square feet in size, and must not extend beyond the exterior limit of the shelter. One transit advertising permit is required per shelter.

(7) Bus bench advertising signs may only be placed on the front or rear of the bench back, excluding supports. The bench back may only display one sign on the front and one sign on the rear, for a limit of two signs per bench. Each sign must not exceed two feet in height and eight feet in length, for a maximum of sixteen square feet. One transit advertising permit is required per bus bench.

(8) Spacing requirements for a transit advertising permit include:

(a) permits must be located at least 500 feet from another transit advertising permit, on the same side of the controlled route, unless the applicant justifies a lesser distance, which must be approved by the department's outdoor advertising control program; and

(b) a transit advertising permit will not be considered in determining the spacing required between other non-transit permitted off-premise advertising signs.

(9) A transit advertising permit is exempt from any rule requirements for sign distances from intersections.

(10) A transit advertising permit must comply with appropriate sign characteristic limitations found in ARM 18.6.231(3). Shelter and bench advertising may not include changeable electronic lighting.

(11) A shelter or bench must display a permanently attached transit advertising permit, visible to the traveling public.

(12) Existing shelter or bench advertising must comply with this rule within one year, or before September 9, 2018, or the advertising will be deemed illegal.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-112, 75-15-113, MCA
History: NEW, 2017 MAR p. 1517, Eff. 9/9/17.

Mont. Admin. R. 18.6.237 Electronic Billboard Standards

(1) An electronic billboard (EBB) may be approved as an off-premise outdoor advertising sign if it is visible to the traveling public from a controlled route and is within an area zoned commercial or industrial within the city limits or urban area of an incorporated or unincorporated city or town as shown on the department's official city urban and unincorporated town maps.

(2) An EBB must meet all of the following conditions:

(a) EBB messages must have a minimum display (dwell) time of eight seconds and a maximum change (twirl) interval of one second;

(b) an EBB shall not exceed a brightness level of three tenths (0.3) footcandles over ambient light as measured by the distance to the EBB as follows:

EBB face area (square feet) Distance of Measurement (feet from EBB)

300-672 250

200-299 150

150-199 135

100-149 110

(c) an EBB must use automatic dimming technology to adjust the brightness of the EBB relative to ambient light to avoid exceeding the brightness level of three tenths (0.3) footcandles;

(d) an EBB must not be placed with illumination that interferes with the effectiveness of or obscures an official traffic sign, device, or signal;

(e) an EBB must not cause beams or rays or light to be directed at the traveled way if the light is of unreasonable intensity or brilliance or is likely to be mistaken for a warning or danger signal or cause glare or impair the vision of any driver, or to interfere with the driver's operation of a motor vehicle;

(f) an EBB message must remain static. Paging, scrolling, or streaming messages are prohibited. The message must not use techniques of message display such as fading, rolling, window shading, exploding, dissolving, spinning, revolving, or shaking messages;

(g) an EBB must not include or be illuminated by flashing, intermittent, or moving lights, nor use jumping arrows or rapid chasing or flashing lamp borders, or lights which resemble or simulate any lights used to control traffic;

(h) an EBB must not be located within 1000 feet of the beginning or ending of the pavement widening, for each entrance or exit roadway, to the main-traveled way on interchanges, and within 500 feet of an intersection;

(i) an EBB must not be placed within 2000 feet of another permitted sign measured along the nearest edge of the pavement between points directly opposite the signs on the same side of the roadway;

(j) an EBB must only be constructed as a single face, back-to-back, or two-faced V-shaped structure. Only one face may be visible in each direction of the main-traveled way. Side-by-side or stacked EBBs are prohibited;

(k) an EBB must not be a portable sign which is used as permanent illuminated signage, as only a fixed sign is allowed;

(l) an EBB must not attempt or appear to attempt to direct the movement of traffic and must not interfere with, imitate, or resemble any official traffic sign, signal, or device; and

(m) an EBB must contain a default mechanism which will stop the sign face in one position if a malfunction which causes the display to be in violation of this rule occurs, or within three hours when notified by the department.

(3) An existing non-EBB may be modified or upgraded to EBB technology if the sign conforms with EBB criteria established in this rule relating to zoning, size, lighting, and spacing. Prior approval from the department is required to upgrade an existing sign to EBB technology, including a new sign application and a nonrefundable inspection fee.

(4) Nonconforming signs must not be modified or upgraded to EBB technology.

(5) All applications for EBB original or upgraded permits must be accompanied by an approval issued by a local or county government on a form provided by the department. Approval of an application and issuance of a permit do not alleviate an applicant for responsibility to comply with all applicable county or local regulations. Any violation of county or local regulations may result in revocation of the permit.

(6) Violation of this rule may result in revocation of the permit.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-112, 75-15-113, MCA
History: NEW, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.238 Community Welcome to Signs

(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.

(5) Welcome to signs must not:

(a) exceed 300 square feet in area;

(b) contain lettering with a height of less than four inches;

(c) be attached to any other sign, sign assembly, or other traffic control device, including supports or any sign structures;

(d) be affixed to fences, power poles, traffic signal poles or boxes, street lights, trees, or painted, or drawn upon rocks, or other natural features;

(e) contain any messages, lights, symbols, or trademarks that resemble any official traffic control devices;

(f) contain any flashing, moving, or animated features;

(g) be lighted by external spot lights unless the lights are effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way of the highway, or are of such low intensity as to not cause glare, or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle;

(h) be located near key decision points where a driver's attention is more appropriately focused on traffic control devices, roadway geometry, or traffic conditions; and

(i) be maintained from highway right-of-way except as stated in (9).

(6) An outdoor advertising permit must be obtained by the community, county, or sovereign nation for each welcome to sign, accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for welcome to signs. A private applicant is not eligible for a welcome to sign permit.

(7) A welcome to sign permit will not be considered in determining spacing required between other non-welcome to signs or permitted off-premise advertising signs.

(8) An encroachment permit must be obtained from the department for each welcome to sign which will be located within the right-of-way limits of any controlled route.

(9) Welcome to sign applicants who are granted an encroachment permit for a welcome to sign to be erected in state-controlled right-of-way must conform with all requirements of the assigned encroachment permit prior to performing any installation of or maintenance to the welcome to sign.

(10) A welcome to sign owner proposing sign modifications beyond routine maintenance must submit a modification application and receive department approval prior to modification.

(11) If a highway construction or reconstruction project, or placement of a newly installed higher-priority traffic control device, such as a higher-priority sign, a highway traffic signal, or a temporary traffic control device, conflicts with an existing welcome to sign located within the existing state-controlled right-of-way, the welcome to sign must be relocated, covered, or removed by the sign owner, at the sign owner's expense, at the department's sole determination and directive.

(12) The department reserves the right to deny any welcome to sign permit application that may negatively impact the traveling public.

(13) Existing welcome to signs must comply with this rule within one year, or before May 12, 2019.

History

Authorizing statute(s): 61-8-203, 75-15-121, MCA
Implementing statute(s): 61-8-203, 75-15-111, 75-15-113, MCA
History: NEW, 2014 MAR p. 213, Eff. 1/31/14; AMD, 2016 MAR p. 1440, Eff. 8/20/16; AMD, 2018 MAR p. 971, Eff. 5/12/18.

Mont. Admin. R. 18.6.239 Mobile Advertising Devices - Signs on Vehicles

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.240 Temporary Signs

(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;

(d) be erected along interstate highways.

(3) Temporary signs must be removed within the time limits set forth for the sign category in this rule. The department shall notify the landowner and the sign owner of illegal signs which are not removed within ten days of the time limit expiration. The signs shall be removed by the department 24 hours after notification to the landowner and sign owner.

(4) Temporary signs which meet criteria for the following categories may be erected:

(a) Temporary construction site identification signs erected during the construction period of a structure for the purpose of identifying the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and related information including but not limited to sale or leasing information. Construction site identification signs must not be erected prior to the issuance of a building permit, and must be removed from the subject site before the issuance of a certificate of occupancy.

(b) Temporary real estate sale or lease directional signs erected for the purpose of directing interested persons to the location of a property actively listed for sale or lease. Real estate directional signs may only be erected during the period of a real estate agent's listing agreement for sale or lease of real property, or for 120 days of active sale activities without a listing agreement. The signs must be removed from the subject site no later than 15 days after the sale of the listed property or expiration of the listing agreement.

(c) Other temporary signs at the department's discretion, including but not limited to charity events or causes and public service announcements.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-121, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.241 Church and Service Club Signs

(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

(3) The activity advertised must be a regularly scheduled daily, weekly, monthly, or quarterly meeting, function, or gathering which members of the traveling public using the highway will be likely to want to find and attend.

(4) This rule is not intended to cover advertising of annual events, such as county fairs, or activities which are continuously in existence such as a college or hospital. Further, it is not intended to cover advertising of sports events or other activities for which an admission fee is customarily charged.

(5) A permit must be obtained for each church or service club sign accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for church or service club signs.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, 75-15-121, MCA
History: NEW, Eff. 12/8/75; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.243 Directional Signs

(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;

(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.

(3) Directional signs for different attractions or activities facing the same direction of travel shall be spaced more than one mile apart.

(4) A permit must be obtained for each directional sign accompanied by a nonrefundable inspection fee. There is no initial permit fee or renewal fee for directional signs.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, MCA
History: NEW, Eff. 12/8/75; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.246 Political Signs

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, MCA
History: NEW, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16; AMD, 2024 MAR p. 1065, Eff. 5/11/24.

Mont. Admin. R. 18.6.247 Official Signs

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, MCA
History: NEW, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2014 MAR p. 213, Eff. 1/31/14; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.248 Recognition of Sponsors, Benefactors, and Support Groups

(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;

(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.

(2) A nonprofit owner includes, but is not limited to schools, churches, or local governments.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, MCA
History: NEW, 2006 MAR p. 1878, Eff. 7/28/06; AMD, 2008 MAR p. 2476, Eff. 11/27/08.

Mont. Admin. R. 18.6.251 Repair of Nonconforming Signs

(1) Permittees must complete a notification report detailing proposed allowable maintenance or repair of nonconforming signs, on a form provided by the department, prior to commencement of allowable work. A photo verification of the existing sign condition prompting repair or maintenance must be attached to the notification form. Department response is not required prior to commencement of allowable maintenance, at permittee's risk of later receipt of department noncompliance determination as per (2).

(2) The department will notify a permittee within 30 days of notification report receipt if maintenance or repair work appears to be noncompliant with statute or rule, and must not be commenced or completed.

(3) The department may inspect and verify nonconforming sign repair or maintenance work at any time, and if noncompliant maintenance is identified by the department after completion, the sign must be restored to its original status within 90 days of department notification.

(4) Failure to complete a notification report prior to commencement of maintenance may result in revocation of the permit.

(5) Emergency repairs, or those which must be performed to address a risk to public health or safety, may be completed immediately upon submission of a photo verification of the emergency sign condition requiring repair. Emergency repair may only be made in accordance with this rule, and may only include sign replacement for damage due to vandalism, criminal acts, or tortious acts.

(6) 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.

(7) Nonconforming signs lawfully in existence after April 21, 1995, may be maintained or replaced each year under the following requirements:

(a) a sign may be maintained and repaired if the value of new materials used in the maintenance of a sign during one calendar year does not exceed 30 percent of the value of all the materials which would be 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 may 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.

(8) All changes to nonconforming signs must meet the standards of lawful ordinance, regulation, or resolution of local government and must be approved by the landowner.

(9) Nonconforming signs shall not be maintained or repaired from across the right-of-way control access fences or boundaries.

(10) Nonconforming signs may be repaired only if such repair and maintenance is reasonably necessary to maintain the sign's appearance and structural integrity. In no case may the repair, maintenance, or re-erection of a sign result in a substantial upgrading of the type or value of the sign.

(11) Nonconforming signs which are destroyed, abandoned, or discontinued may not be re-erected except in instances of vandalism or other criminal or tortious acts. The work must be accomplished within 90 days or the permit may be revoked. 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.

(12) Nonconforming signs shall not be relocated from their original permitted location.

(13) The department shall notify a sign owner of a violation of this rule.

(14) A nonconforming sign which has displayed obsolete or damaged advertising matter, or has not displayed advertising matter for a period of 90 days subsequent to receipt of written notice from the department, shall be considered as a discontinued sign and shall be removed by the owner without compensation.

(15) Nonconforming signs which are in need of substantial repair either to the face or support structure, and are not repaired within a period of 90 days after receipt of written notice from the department, shall be considered an abandoned sign and shall be required to be removed by the owner without compensation.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-121, MCA
History: NEW, Eff. 12/8/75; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.252 Upgrade or Relocation of Conforming Signs

(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;

(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).

(2) Any application for relocation or upgrade must meet the standard of lawful ordinance, regulation, or resolution of county or local government and the upgrade or relocation must be approved by the county or local government before consideration by the department.

(3) The sign owner must obtain written permission from the landowner or submit proof of a permanent property right (e.g., an easement) for the sign site. The proposed relocation site must meet all zoning requirements or qualify as an unzoned commercial or industrial area.

(4) No outdoor advertising structure may be maintained from across right-of-way control access fences or boundaries.

(5) Approved upgrade or relocation work must be completed within 90 days of department approval. The sign owner must provide the department with written and photo verification of the upgrade or relocation work performed.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-121, MCA
History: NEW, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.262 Sign Structures That Are Blank, Abandoned, Dilapidated, Discontinued, or in Disrepair

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-111, 75-15-113, 75-15-121, 75-15-131, MCA
History: NEW, Eff. 12/8/75; AMD, 1996 MAR p. 1855, Eff. 7/4/96; AMD, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2012 MAR p. 185, Eff. 1/27/12; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Mont. Admin. R. 18.6.263 Violation of Property Rights

(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.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-121, 75-15-131, MCA
History: NEW, Eff. 12/8/75; AMD, 2008 MAR p. 2476, Eff. 11/27/08.

Mont. Admin. R. 18.6.264 Determination of Illegal Outdoor Advertising--Notices--Corrective Action--Illegal Outdoor Advertising Removal

(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;

(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.

(4) The department shall undertake permit revocation action under the Montana Administrative Procedure Act for permitted signs on which unlawful conditions cannot be remedied by corrective action, and shall issue a notice in compliance with (3).

(5) If the condition of a nonpermitted sign cannot be remedied so as to come into compliance with the Outdoor Advertising Act and this chapter, the department shall issue a notice in compliance with (3), and promptly remove the unlawful sign after 45 days if a hearing is not requested.

(6) When the department removes a sign, the sign owner, landowner or other person responsible for erecting the sign shall pay the cost of removal to the department. The department will store the sign for 30 days immediately following removal, during which time the sign may be claimed upon payment of the cost of removal and any costs associated with the removal and storage of the sign and collection of the cost of removal.

(7) A sign that is not claimed within 30 days after removal shall be deemed the property of the department, and may be disposed of by the department. Any money received from the disposal will be credited first towards the costs of removal and storage of the sign. Money in excess of such costs will be deposited with the state treasurer for credit to the state highway fund to offset the cost of issuing permits for signs. If the income generated from disposal of the sign does not meet or exceed the costs of removal and storage of the sign and the cost of collecting the cost of removal, the owner of the sign, landowner or other person responsible for erecting the sign shall pay the remaining costs.

History

Authorizing statute(s): 75-15-121, MCA
Implementing statute(s): 75-15-131, 75-15-132, MCA
History: NEW, 2005 MAR p. 89, Eff. 1/14/05; AMD, 2008 MAR p. 2476, Eff. 11/27/08; AMD, 2016 MAR p. 1440, Eff. 8/20/16.

Subchapter 18.6.3 Railroad Crossing Signalization

Mont. Admin. R. 18.6.301 Definitions

(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 61-1-101 , MCA.

(13) "Road authority" means the public entity having maintenance responsibility for a specified public roadway.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-121, 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97; AMD, 2024 MAR p. 1880, Eff. 7/27/24.

Mont. Admin. R. 18.6.302 The Diagnostic Review Process

(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;

(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.

(2) The road authority, railroad or MDT can request a diagnostic review be initiated to address specific or unusual needs at a public at-grade crossing.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.303 Informal Review Process

(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;

(d) recommendation to initiate a diagnostic review.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.304 Signalization

(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.

(2) Non-signalized public at-grade railroad crossings will be considered for signalization based on the following criteria:

(a) available funding;

(b) the priority index; and

(3) The diagnostic review team can recommend installation of signals at a non-signalized at-grade railroad crossing independent of the priority index if, in the opinion of the diagnostic review team, safety considerations are such that the public at-grade crossing should be signalized.

(4) The diagnostic review team will determine the scope of signal work which may include the following:

(a) installation of flashing light signals, flashing light signals with gates, or cantilever signals;

(b) maintaining the existing level of protection;

(d) other safety improvements deemed necessary by the diagnostic review team.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.305 Road Approach Work

(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;

(d) other safety improvements deemed necessary by the diagnostic review team.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.306 Signal Upgrade

(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

(2) MDT will compile a list of circuitry upgrade projects for all railroads using the following criteria:

(a) available federal funding; and

(b) the recommendation of the railroad companies.

(3) A diagnostic review will be made of each public railroad at-grade crossing considered for circuitry upgrade to determine a scope of work which may include:

(a) improving the road geometric design;

(b) upgrading the existing signal circuitry or other equipment;

(d) improving sight distance;

(e) removing the signals; and

(f) recommending other safety improvements deemed necessary by a diagnostic review team.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.307 Signal Removal

(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

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.308 Crossing Closure

(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;

(d) cost sharing responsibility; and

(e) recommending other safety considerations as deemed necessary by the diagnostic review team.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA, NEW
History: 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.309 Signalization Hearings

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.310 Crossing Closure and Signal Removal Hearings

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.311 Ownership and Maintenance Responsibilities for Public at-Grade Rail Highway Crossings

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 896, Eff. 4/8/97.

Mont. Admin. R. 18.6.312 Signal Rearrangement, Relocation, or Alteration Responsibility for Public at-Grade Highway Crossings

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.313 Identification of Public at-Grade Crossings

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.314 Improved Crossing Surface Projects, Major Construction or Reconstruction Projects

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Mont. Admin. R. 18.6.315 Improved Crossing Surface Projects, Overlay Construction Projects and Free Standing Projects

(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;

(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.

History

Authorizing statute(s): 60-2-121 and 2-3-103, MCA
Implementing statute(s): 60-2-121 and 60-2-201, MCA
History: NEW, 1997 MAR p. 642, Eff. 4/8/97.

Subchapter 18.6.4 Motorist Information Signs

Mont. Admin. R. 18.6.402 Definitions

(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.

(15) "Motorist service" means gas, food, lodging, camping, recreation, and other tourist services, as per 60-5-502, MCA.

(16) "Owner" means a person who owns or operates a qualified business and who has authority to enter into and be bound by agreements relevant to matters included in this subchapter.

(17) "Primary highway" or "federal-aid primary system" is defined in 60-1-103, MCA, and also means a highway on the federal-aid primary or national highway system.

(18) "Qualified business" means a business which meets the criteria established by Title 60, chapter 5, part 5, MCA, and this subchapter.

(19) "Rural area" means an area outside of an urban area; except that if the land within the urban area is sparsely populated or is primarily devoted to agricultural use, or if the roadside development does not appear to be urban in character, then the land may also be considered rural. The decision of whether specific areas are rural areas under this definition shall be made by the department, whose decision shall be final.

(20) "Specific information sign" or "LOGO sign" means a motorist information sign that is located on the interstate highway system and that contains:

(a) the words "GAS," "FOOD," "LODGING" or "CAMPING";

(b) directional information; and

(21) "Specific service ramp sign" or "ramp sign" means a sign installed along the ramp or at the ramp terminal of single-exit interchanges for facilities that have logo sign panels displayed along the main roadway, but the facilities are not readily visible from the ramp terminal.

(22) "Specific service trailblazer sign" or "trailblazer" means a guide sign with one to four logo sign panels that display business identification and directional information for services, which are installed along crossroads for facilities that have logo sign panels along the main roadway and ramp, but require additional vehicle maneuvers.

(23) "Tourist-oriented directional sign" or "TODS" means a motorist information sign located on the primary highway system or conventional roads to provide:

(a) business identification; and

(b) directional information for businesses, services, and activities of interest to tourists, as per 60-5-502, MCA.

(24) "Trade name" means any brand name, trademark, distinctive symbol or other similar device or thing used to identify a particular motorist service.

(25) "Traveled way" means the traffic lanes of the interstate or primary highway, including all exit and entrance ramps and acceleration and deceleration lanes.

(26) "Urban area" means the developed area inside and outside the corporate limits of a municipality with a population of 15,000 or more as shown in the most recent official census.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-502, 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.302, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.403 Business Eligibility for Specific Information (logo) Signs

(1) All specific information (LOGO) signs must meet the specifications contained in the current Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2026), Section 2.K., which is 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 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; and

(iii) continuous operation at least 12 hours per day, seven days per week;

(b) To qualify for a FOOD LOGO sign panel, a business must have:

(i) licensing or approval as required by the state agency or political entity having jurisdiction;

(ii) continuous operation to serve at least two meals per day, at least six days per week; and

(iii) restroom facilities.

(i) licensing or approval as required by the state agency or political entity having jurisdiction;

(ii) adequate sleeping accommodations; and

(iii) restroom facilities.

(d) To qualify for a CAMPING LOGO sign panel, a business must have:

(i) licensing or approval by the state agency or the political entity having jurisdiction;

(ii) modern sanitary facilities and drinking water; and

(iii) adequate camping and parking spaces.

(4) If available spaces for any of the service categories are not fully utilized by businesses strictly meeting the corresponding criteria, the department may at its discretion, allow other businesses in the same service category meeting the majority of the criteria to utilize the otherwise unused spaces. Such businesses' right to utilize spaces shall be reevaluated on an annual basis. Should the demand by businesses fully meeting the criteria increase, the "all service" businesses shall be given priority when considering annual renewal of contracts.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-514, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.303, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12; AMD, 2026 MAR, Notice No. 2026-124, Eff. 9/5/26.

Mont. Admin. R. 18.6.404 Location of Qualified Businesses for Specific Information (logo) Signs

(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.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-512, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.304, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.405 Spacing and Location of Specific Information (logo) Signs

(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.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-511, 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/20/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.305, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.406 Specific Information (logo) Sign Design and Order

(1) Specific information (LOGO) signs shall comply with the standards for number of signs along an approach to an interchange or intersection provided in the MUTCD and the specifications in the contract between the department and the franchisee.

(2) The number of specific information (LOGO) signs along an approach to an interchange or intersection, regardless of the number of service types displayed, shall be limited to a maximum of four.

(3) No more than three types of services shall be represented on any sign or sign assembly. If three types of services are displayed on one sign, then the logo sign panels shall be limited to two for each service type (for a total of six logo sign panels). If two types of services are displayed on one sign, then the logo sign panels shall be limited to either three for each service type (for a total of six logo sign panels), or four for one service type and two for the other service type (for a total of six logo sign panels).

(4) Specific information signs shall be erected in the following order in the direction of traffic toward the exit: CAMPING, LODGING, FOOD, and GAS.

(5) Where there is insufficient space for all four specific service signs, or where there are business signs of two or more services competing for the unused space of another service, the following priority shall govern: GAS, FOOD, LODGING, and CAMPING. Where there is greater demand for signs in one service category than there is in a higher priority category, the franchisee may request approval from the department to set a different priority at that interchange.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-512, 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.306, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.407 Specific Service Ramp Signs

(1) Specific service ramp signs may be installed at single-exit interchanges along the ramp or at the ramp terminal for facilities that have logo sign panels displayed along the main roadway if the facilities are not readily visible from the ramp terminal. Directions to the service facilities shall be indicated by arrows on the ramp signs. Logo sign panels on the ramp signs shall be duplicates of those displayed in the specific service signs located in advance of the interchange, but shall be reduced in size to meet standards in the MUTCD.

(2) Where the qualified business is located more than one mile from the interchange, mileage may also be given on the specific service ramp sign.

(3) The franchisee shall determine if a qualified business is visible from the traveled way, subject to review by the department.

(4) The exact location of the specific service ramp signs shall be determined by the franchisee, subject to review by the department.

(5) A minimum of 100 feet is required between successive specific service ramp signs.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.307, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.408 Specific Service Trailblazer Signs

(1) Specific service trailblazer signs may be installed along crossroads where the route to the business requires a direction change, where it is questionable as to which roadway to follow, or where additional guidance is needed. Where it is not feasible or practical to install specific service trailblazer signs to a business, the business shall not be considered eligible for signing from the ramp and main roadway. A specific service trailblazer sign shall not be installed at the point where the business is visible from the roadway and its access is readily apparent.

(2) The location of other traffic control devices shall take precedence over the location of a specific service trailblazer sign. If conflicts with existing signs arise, the exact location of trailblazer signs shall be determined by the department.

(3) Each specific service trailblazer sign or sign assembly shall be limited to no more than four logo sign panels. The logo sign panels shall be duplicates of those displayed on the specific service ramp signs. Specific service trailblazer signs shall be erected in the same order as specific information (LOGO) signs.

(4) Specific service trailblazer signs shall indicate the direction to the qualified business and shall indicate mileage where the business is located more than one mile from the sign. Appropriate legends, such as directional arrows or a word message (e.g., "next right" or "second right") shall be displayed with the logo sign panel to provide proper guidance.

(5) All necessary specific service trailblazer signs must be erected before a business sign may be installed.

(6) The department may review the franchisee's determination of number and location of specific service trailblazer signs.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.308, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.409 Business Signs - Logo Sign Panels

(1) A business sign, or logo sign panel shall be an identification symbol, identification trademark, or a word message. Each business sign shall be placed on a separate logo sign panel that shall be attached to the specific service sign. Only a business name or trade name shall be used on business signs. If a nationally, regionally, or locally recognized trade name is available, it shall be used in preference to any other form of business identification.

(2) Any message which advertises rather than identifies a business is prohibited.

(3) Messages or trade names which interfere with, imitate, or resemble any official warning or regulatory signs, signals, or traffic control devices, or attempt or appear to attempt to direct the movement of traffic are prohibited.

(4) Symbols or trademarks used alone for a logo shall be reproduced in the colors and general shape consistent with customary use, and any integral legend shall be in proportionate size. A word message logo, not using a symbol or trademark, shall conform to color and letter height standards in the MUTCD.

(5) Business signs (logo sign panels) shall initially be placed on a specific information sign, having two rows of such signs in order of increasing distance as follows: Closest, upper left; second, lower left; third, upper center; fourth, lower center; fifth, upper right; sixth, lower right. On specific information (LOGO) signs with a single row of business signs, individual business signs shall be placed in order of increasing distance from left to right. Relative distance of each qualified business to the interchange shall be determined at the time of lease application. Later additions may be made without rearranging the remaining business signs.

(6) The order of arrangement for business signs on specific service ramp signs and specific service trailblazer signs will be determined by the direction of the arrow. Businesses located on the left shall be designated at the top of the sign.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-512, 60-5-513, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; TRANS, from ARM 18.7.309, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.410 Supplemental Message Signs

(1) A portion of a logo sign panel may be used to display a supplemental message horizontally along the bottom of the logo sign panel, providing that the message displays essential motorist information, in conformance with all supplemental message standards contained in the MUTCD.

(2) All supplemental messages shall be displayed within the logo sign panel and conform to all MUTCD standards. A logo sign panel shall not display more than one supplemental message.

(3) Supplemental messages may include, but are not limited to, messages such as "diesel," "24 hours," "closed" and the day of the week when the facility is closed, "alternative fuels," and "RV access" after meeting any additional requirements of this rule for the appropriate type of supplemental message.

(4) An "auto repair" supplemental message may be displayed if qualified personnel are available to perform minor auto repair and tire repair at least eight hours per day, five days per week.

(5) A "24 hour" supplemental message may be displayed if the fuel pumps are operable with major credit cards or personnel 24 hours each day, seven days per week.

(6) An "alternative fuel" supplemental message, including "diesel," "propane," "LP-Gas," or a MUTCD standard symbol for these messages may be displayed when those services are offered at a business facility.

(7) A "recreational vehicle (RV) access" supplemental message may be displayed horizontally or as a circular symbol, in conformance with all standards in the MUTCD, if the business meets all of the appropriate following requirements for the type of business facility:

(a) all facilities' roadway access and egress must be hard surface, free of potholes, and must be at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility;

(b) all facilities' roadway access, egress and parking facilities must be free of any overhead obstructions (e.g., wires, branches, signs, canopies) up to 14 feet above the surface;

(c) all facilities must post directional signs on the site, as needed, to guide RVs to RV-friendly parking spaces and other on-site RV-friendly services, including additional guidance upon leaving a public highway and entering the facility's property;

(d) a facility requiring short-term parking, such as a restaurant, is required to have two or more spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces;

(e) a fueling facility with canopies is required to have a 14 foot clearance and those selling diesel fuel are required to have pumps with noncommercial nozzles;

(f) a fueling facility must allow for pull-through with a swing radius of 50 feet; and

(g) a campground facility must have two or more spaces that are 18 feet wide and 45 feet long.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-513, MCA
History: NEW, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.420 Tourist-Oriented Directional Signs (tods) - General

(1) All tourist-oriented directional signs (TODS) must meet the specifications contained in the current Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) (2026), Section 2. K., which is incorporated by reference, and a copy of which is available at //mutcd.fhwa.dot.gov.

(2) TODS may be erected and maintained within the right-of-way of the primary highway system or on conventional roads.

(3) A facility shall be eligible for TODS only if it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility. TODS may include businesses involved with seasonal agricultural products.

(4) Where both TODS and specific information (LOGO) signs would be needed at the same intersection, the TODS shall incorporate the needed information from, and be used in place of, the LOGO sign.

(5) An activity which is located more than five and less than 15 miles from a primary highway may request a waiver from the department for a TODS panel. The waiver shall be given when the activity provides a service different from services located within five miles of the intersection and where the activity is not located within five miles of another primary highway or interstate where specific service or tourist-oriented signing is available.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-519, 60-5-520, 60-5-521, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.320, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12; AMD, 2024 MAR p. 1880, Eff. 7/27/24; AMD, 2026 MAR, Notice No. 2026-124, Eff. 9/5/26.

Mont. Admin. R. 18.6.421 Tourist-Oriented Directional Advance Signs

(1) Advance signs should be limited to those situations where sight distance, intersection vehicle maneuvers, or other vehicle operating characteristics require advance notification of the destinations and their directions.

(2) The design of the advance sign should be identical to the design of the intersection approach sign, but directional arrows and distances to the destinations should be omitted, and an action message (e.g., "next right" or "ahead") should be placed on the sign above the business identification sign panel. The legend "right ½ mile" or "left ½ mile" may be used on advance signs when there are intervening minor roads.

(3) No tourist-oriented directional sign (TODS) may be erected until all necessary advance signs are in place.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-521, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.321, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.422 Design of Tourist-Oriented Directional Signs (tods) and Panels

(1) The content of the legend on each sign panel shall be limited to the identification and directional information for no more than one eligible business, service, or activity facility. The legends shall not include promotional advertising.

(2) Each sign panel shall have a maximum of two lines of legend including no more than one symbol, a separate directional arrow, and the distance to the facility displayed beneath the arrow. Arrows pointing to the left or up should be at the extreme left of the sign panel. Arrows pointing to the right should be at the extreme right of the sign panel. Symbols, when used, should be to the left of the word legend or logo sign panel.

(3) General service sign symbols and the symbols for recreational and cultural interest area signs which meet all MUTCD standards, may be used. Logo sign panels for specific businesses, services and activities may also be used. Upon an applicant's request through the franchisee, the department shall determine whether hours of operation may be displayed on the sign panels.

(4) The tourist-oriented directional sign (TODS) may display the word message "tourist activities" at the top of the sign.

(5) Logos resembling official traffic control devices are prohibited.

(6) Tourist-oriented directional signs (TODS) shall meet all MUTCD standards for color and height of letters.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-521, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.322, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.423 Tourist-Oriented Directional Sign (tods) Installation

(1) Tourist-oriented intersection approach signs shall be located at least 200 feet in advance of the intersection. Signs should be spaced at least 200 feet apart and a least 200 feet from other traffic control devices.

(2) If used, advance signs shall be located approximately ½ mile from the intersection with 500 feet between the signs. In the direction of travel, the order of advance sign placement should be to show the destinations to the left first, then destinations to the right, and last, the destinations straight ahead.

(3) Tourist-oriented directional signs (TODS) may be placed farther from the edge of the road than other traffic control devices.

(4) The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs (TODS).

(5) The maximum number of tourist-oriented directional panels shall be 12 in each direction of travel at each intersection, and the maximum number of advance tourist-oriented directional panels shall be 9 in each direction of travel at each intersection.

(6) Where the number of activities to be signed is four or less at any one intersection, the tourist-oriented directional panels for right and left may be combined on one tourist-oriented directional sign. On a combination sign, the tourist-oriented directional panels will be arranged with the left arrows at the top and the right arrows below.

(7) Lateral clearance for tourist-oriented directional signs shall be equal to or greater than the other guide signs at the intersection. If adequate lateral clearance cannot be maintained due to terrain or other obstruction, tourist-oriented directional signs may not be installed.

(8) Where the right-of-way includes a sidewalk, tourist-oriented directional signs shall be erected beyond the outside edge of the sidewalk and are prohibited where there is insufficient right-of-way to erect the signs, except where prior approval from the department is obtained.

(9) A tourist-oriented directional sign (TODS) must be placed at least 30 feet from the edge of the pavement, where possible.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-521, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.323, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.430 Application Procedure and Notice

(1) An application for space on specific information (LOGO) signs or tourist-oriented directional signs (TODS) shall be submitted to the franchisee.

(2) An application shall only be made by the owner of a qualified business or the owner's designee.

(3) If the number of requests to place business signs on information sign panels, or number of requests to place tourist-oriented directional sign (TODS) panels exceed the available space, the franchisee shall use the following criteria to determine the allocation of spaces:

(a) In all instances, those businesses nearest to the interchange shall be given priority. Distances shall be measured from the gore of the exit along public highways to the nearest driveway of the business.

(b) The applicants must meet the minimum criteria of these rules.

(c) Where two qualified businesses are the same distance from the interchange and there is only space for one, the earliest application shall be given priority.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-504, 60-5-505, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.330, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.431 Lease Agreements

(1) The owner shall sign a lease agreement with the franchisee on a form approved by the department. The lease agreement shall contain the written assurance required from the owner that the owner is in conformity with all applicable laws concerning the provision of public accommodations without regard to race, color, sex, culture, social origin or condition, or political or religious ideas.

(2) The franchisee shall review the owner's qualifications for compliance with the applicable criteria and shall only approve the lease agreement if the criteria are met.

(3) Upon approval of the lease agreement, the franchisee shall transmit a copy of the signed lease agreement to the owner.

(4) Lease agreements between the franchisee and businesses participating in the motorist information sign program must be for a minimum of one year.

(5) The franchisee shall install the business sign panel within 30 calendar days of the payment of the fees if the specific information (LOGO) sign assembly has already been installed or within 120 calendar days of the payment of fees if the specific information (LOGO) sign assembly has yet to be installed. The franchisee shall install the tourist-oriented directional sign (TODS) within 120 days of the payment of fees.

(6) The owner may request a change to the business sign or tourist-oriented directional sign (TODS) copy during the term of the lease agreement if the copy conforms to the statutes and rules. The cost of changes in the copy may be charged to the owner. All installation of changed copy shall be conducted by the franchisee. The owner may also be charged an additional fee for each sign removed and remounted by the franchisee at the request of the owner.

(7) Before a lease agreement may be renewed, the franchisee must determine whether or not there are any qualified businesses closer to the interchange or intersection which wish to participate in the program. The lease agreement may not be renewed unless there are no other applicants and there is space on the specific information sign or tourist-oriented directional sign.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-505, 60-5-514, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94; TRANS, from ARM 18.7.331, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.432 Maintenance

(1) The franchisee shall repair or replace within a reasonable period of time after notification of damage, any sign panels that are destroyed or damaged.

(2) The franchisee shall wash all signs at any time the reflectorized facing becomes dull.

(3) The franchisee shall conduct an inspection periodically on the breakaway mechanism for any dirt or other obstruction that may interfere with the breakaway mechanism. All bolts shall be loosened and retorqued to proper specification as required.

(4) All sign structures are the property of the state and only the franchisee or state-authorized personnel may enter the right-of-way to erect, maintain, repair, change copy, or access the sign structure in any manner for any reason.

(5) The department, at its cost, shall remove a motorist information sign if the location of the sign is required for highway purposes or activities including construction, reconstruction or maintenance. The department may re-erect any motorist information sign removed for highway purposes, at an approved substitute location, if possible, but has no obligation to relocate a sign or compensate for its removal.

(6) The department must notify the franchisee 30 days prior to any highway maintenance, construction, or reconstruction project being let, or highway purposes of any kind which will require removal of any motorist information signs. After completion of the maintenance or construction operations, and relocation of the signs by the department, where possible, the department will notify the franchisee that the franchisee shall resume responsibility for maintenance of the sign.

(7) The department shall remove a motorist information sign if the department determines the placement or condition of the motorist information sign endangers the health, safety, or welfare of the public, or in the event the motorist information sign has become inconsistent or in violation of statute or administrative rule. The department has no obligation to compensate for a motorist information sign removal.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-505, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1997 MAR p. 1034, Eff. 6/24/97; TRANS, from ARM 18.7.332, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.433 Removal of Signs and Covering Seasonal Signs

(1) The franchisee must notify the owner by certified mail a minimum of 30 days in advance of the removal of the owner's business sign or tourist-oriented directional sign (TODS) for any cause.

(2) Business signs or tourist-oriented directional signs (TODS) may be removed for any of the following:

(a) Failure to pay fees.

(b) Violation of statute or administrative rule, including nondiscrimination statutes.

(c) Failure to meet the minimum criteria to qualify for the specific information (LOGO) sign program or the tourist-oriented directional sign (TODS) program.

(3) The department shall solely make the determination whether statutes or rules have been violated by the owner, after investigation.

(4) If a business is closed due to fire, accident, remodeling, or other emergencies for more than 7, but not more than 90 days, the franchisee shall have the business sign or the tourist-oriented directional sign (TODS) covered to prevent inconvenience to the traveling public. The business shall not lose its priority or be required to reapply prior to the normal expiration of its contract. Extensions of time beyond 90 days may be granted by the franchisee, for good cause, including but not limited to insurance claims or financial arrangements which require additional time. An owner who fails to open within the 90-day period due to the owner's negligence may lose the right to occupy the specific information (LOGO) sign panel or tourist-oriented directional sign (TODS) panel.

(5) A business that owns any outdoor advertising structure in violation of the Montana Outdoor Advertising Act, Title 75, chapter 15, part 1, MCA, may not be eligible for business identification on a tourist-oriented directional sign (TODS) for one year after the illegal outdoor advertising structure is removed unless the owner voluntarily removes it within 45 days of receiving notice under 75-15-131, MCA.

(6) Within five working days of closure of a seasonal business, the franchisee shall cover or remove the signs or shall prominently display the word "closed" across the business sign. Where all of the businesses on a specific information (LOGO) sign are closed, the entire sign shall be removed.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-505, 60-5-522, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.333, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.434 General Service Signs

(1) The department will not install a new general service sign along interstate or primary highways for businesses which qualify for a specific information (LOGO) sign or a tourist-oriented directional sign (TODS).

(2) The department will remove any existing general service signs at any interchange when a specific information (LOGO) sign panel is installed for a business identified by a general service sign.

(3) The department will remove an existing general service sign on any primary highway when a tourist-oriented directional sign (TODS) is erected for a business identified by a general service sign.

(4) No new general service signs will be erected along interstate highways for businesses which qualify for specific information (LOGO) signs or along primary highways for businesses which qualify for tourist-oriented directional signs (TODS).

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-501, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.334, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.435 Fees

(1) The fee for placing business signs on specific information (LOGO) sign panels or tourist-oriented directional sign panels (TODS) may include the prorated cost for fabrication, erection, maintenance, or servicing of signs; removal or covering business signs; other costs associated with the program, including the department's cost in administering the program, and reasonable profit for the franchisee operating the program. The fee may include the specific service ramp sign, specific service trailblazer signs, and tourist-oriented advance signs (TODS) if needed. The fee for each space on specific information (LOGO) sign panels and tourist-oriented directional sign (TODS) panels shall be the same for all businesses.

(2) The department shall review the fees charged by the franchisee and any subsequent proposed increases and approve the fees if appropriate.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-510, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.335, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Mont. Admin. R. 18.6.436 Oversight of the Franchisee by the Department

(1) The department may review all proposed sign locations to determine:

(a) franchisee compliance with statutes and rules;

(b) owner compliance with the motorist information sign program statutes and rules;

(d) whether a conflict exists with existing signs or future sign installations.

(2) Complaints about the motorist information sign program or the actions of the franchisee may be submitted in writing to the department. Complaints shall be investigated by the department which will provide a written response to the complainant. A copy of the complaint and response shall be provided to the franchisee.

History

Authorizing statute(s): 60-5-503, MCA
Implementing statute(s): 60-5-505, MCA
History: NEW, 1990 MAR p. 111, Eff. 1/12/90; TRANS, from ARM 18.7.336, 2011 MAR p. 2393, Eff. 11/11/11; AMD, 2012 MAR p. 2459, Eff. 12/7/12.

Chapter 18.7 Maintenance

Subchapter 18.7.1 Right-of-Way Encroachments

Mont. Admin. R. 18.7.102 Encroachment Permits

(1) Any person or entity proposing to encroach on a highway right-of-way within the jurisdiction of the department must obtain an encroachment permit from the department.

(2) An encroachment is any installation, device, object, or occupancy that is located at, above, or below the grade lines of the highway and within the right-of-way limits, and that is not installed as part of the highway facility by the department.

(3) Encroachment permits are not required for the following uses, which require a separate department-issued permit for the appropriate use:

(a) Utility facilities occupying right-of-way pursuant to department-issued utility encroachment permits or utility occupancy agreements; or

(b) Private driveways, road approaches, and curb cuts occupying right-of-way pursuant to department-issued approach permits.

(4) Encroachment permits may be issued for uses including:

(a) devices or objects placed within right-of-way limits (e.g., fence encroachment permits, landscaping encroachment permits); or

(b) physical occupancy of the right-of-way by persons or groups of persons (e.g., special use permits, foraging permits).

(5) Application for an encroachment permit must be made to the appropriate district or area office. The form may be found on the department's web site at www.mdt.mt.gov . Paper copies of the application may also be obtained by request to the appropriate district office.

(6) Applicants must be the owner of the property abutting the right-of-way at the encroachment's proposed location, a government agency, the contractor proposing to conduct work in the right-of-way, or an individual or designated group leader of persons who will temporarily occupy the right-of-way. The application must be signed by the applicant or representative.

(7) For device or object encroachment permits, a site plan drawing with sufficient detail must be provided to show the location of the proposed encroachment. The site plan must be tied to the nearest highway milepost or station marker.

(8) For device or object encroachment permits, the applicant must:

(a) submit a detailed drawing of the proposed encroachment;

(b) submit an environmental checklist contained within the form; and

(9) Each application must be complete and accompanied by all required supplemental materials. The department will not review or approve a permit application until all necessary information has been provided. The department reserves the right to reject ineligible, incomplete, or otherwise improper applications.

(10) The department may set a time limit for placement of the requested encroachment. Failure to construct the encroachment or occupy the right-of-way within the specified time limit will terminate the encroachment permit and require the applicant to re-apply.

(11) Construction work of the encroachment within highway right-of-way limits must not commence until an approved permit has been issued.

History

Authorizing statute(s): 60-3-101, 61-8-203, MCA
Implementing statute(s): 60-3-101, 61-8-203, 61-8-706, 61-8-712, MCA
History: Eff. 12/31/72; AMD, 2014 MAR p. 2828, Eff. 11/21/14.

Mont. Admin. R. 18.7.104 Encroachments on Controlled Access Highway Right-of-Way

(1) No private use of right-of-way of highways under the jurisdiction of the department shall be allowed within and between the access control limits of a controlled access highway except:

(a) the department may approve individual private encroachments within the controlled access right-of-way, with prior concurrence from the Federal Highway Administration;

(b) encroachments within controlled access right-of-way must conform to all department statutes, rules, and design standards; and

(c) the encroachment must be constructed, maintained, and allow removal from the area outside of the access control limits.

History

Authorizing statute(s): 60-3-101, 61-8-203, MCA
Implementing statute(s): 60-3-101, 61-8-203, 61-8-706, MCA
History: Eff. 12/31/72; AMD, 2014 MAR p. 2828, Eff. 11/21/14.

Mont. Admin. R. 18.7.105 Encroachments on Non-Controlled Access Highway Right-of-Way

(1) No private use of non-controlled access highway right-of-way shall be allowed, except under department-issued encroachment permits.

(2) Overhanging Encroachments - Private advertising signs, eaves, marquees and similar devices may overhang the right-of-way, provided:

(a) the overhanging device is within an incorporated city, or is under the jurisdiction of another local unit of government which has ordinances or regulations allowing such overhang, and the overhanging device is in compliance with such ordinances or regulations;

(b) the overhanging device does not conflict with, or interfere with, traffic control signs, signals, or other devices, or with highway construction or maintenance operations, or with the public's use of the right-of-way;

(c) ground-mounted structures supporting the overhanging device must be located entirely off the public right-of-way; and

(d) The outermost portion of the overhanging device must be at least two feet behind the curb or curbline in horizontal distance, and at least seven and one-half feet above the top of the curb, sidewalk, or roadway shoulder elevation in vertical distance.

(3) Underground Encroachments - Private underground facilities other than utilities, such as vaults, access and transportation tunnels, and sidewalk freight entrances may be allowed within the highway right-of-way, provided:

(a) the underground facility is located within an incorporated city, or is under the jurisdiction of another local unit of government which allows such use under promulgated ordinances or regulations, or by special agreements;

(b) the underground facility is in compliance with the local jurisdiction's ordinances, regulations, or special agreements;

(c) the ordinance, regulation, or special agreement allowing such underground use of the public right-of-way contains a revocation clause requiring that the owner shall either remove the encroaching facility at the owner's sole expense, or pay any difference in costs of construction upon receiving appropriate notice that removal or adjustment is deemed necessary and must be accomplished; and

(d) the facility does not interfere with highway construction or maintenance operations, or with the use of the right-of-way by the traveling public.

(4) At-grade Encroachments and Maintenance of Area Adjacent to Traveled Way - Private and public noncommercial use and maintenance of at-grade highway right-of-way may include, but is not limited to the following:

(a) General object or device encroachment permits may be allowed in the right-of-way provided the design is reviewed and approved by the department. At-grade objects or devices may include, but are not limited to, fences, gates, buildings, signs, markers, or other structures.

(b) Landscaping may be allowed in the right-of-way when the area between the property line and the curb line is proposed by abutting property owners for planting trees, shrubs, grass, and similar uses, provided:

(i) the use is generally allowed within the city or other area under the jurisdiction of a local unit of government;

(ii) the use is not commercial or for profit and does not interfere with highway construction or maintenance operations, or with the public use of the right-of-way;

(iii) the trees, shrubs, or other vegetation are of species that will not damage the street, curbs, or sidewalks; and

(iv) the use complies with applicable safety policies or standards adopted and promulgated by the American Association of the State Highway and Transportation Officials (AASHTO). A copy of the AASHTO standards may be obtained from the department.

(c) Bus shelters may be allowed in the right-of-way in urban areas provided the design is reviewed and approved by the department. Commercial advertising on bus shelters must comply with department outdoor advertising control rules.

(d) Mailboxes may be allowed in the right-of-way, but must meet standards defined and reviewed by the department.

(e) Other delivery boxes such as newspaper boxes may be allowed in the right-of-way, but must comply with the department standards and rules.

(5) Occupancy Encroachments - Private and public noncommercial occupancy and use of highway right-of-way by individuals or groups of individuals may include, but is not limited to:

(a) special use permits (e.g., parades, pedestrian, or bicycle events);

(b) encroachment permits for work to be conducted within highway right-of-way limits; or

(6) Other types of encroachments not listed in the rules may be reviewed on a case-by-case basis and the department may issue an encroachment permit as appropriate.

History

Authorizing statute(s): 60-3-101, 60-6-101, 61-8-203, MCA
Implementing statute(s): 60-3-101, 60-6-101, 61-8-203, 61-8-706, 61-8-712, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 1868, Eff. 8/28/92; AMD, 2014 MAR p. 2828, Eff. 11/21/14.

Mont. Admin. R. 18.7.109 General Requirements

(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.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-104, 60-5-105, 60-6-101, MCA
History: NEW, 2014 MAR p. 2828, Eff. 11/21/14.

Mont. Admin. R. 18.7.110 Enforcement

(1) The permittee shall hold harmless the department and its agents and employees against any action for personal injury or property damage sustained by reason of exercise of the permit.

(2) A decision to grant, deny, or revoke an encroachment permit is solely within the discretion of the department.

(3) The owner of an existing private encroachment who does not have a department-issued encroachment permit may retroactively apply for an encroachment permit.

(4) If a retroactive encroachment permit application is denied by the department, the existing encroachment must be removed, at the encroachment owner's sole expense, within two days after the permit denial.

(5) Any person proposing a change in encroachment use of highway right-of-way must obtain a new encroachment permit from the department.

(6) A non-permitted encroachment, not affixed permanently to the land, must be removed by the encroachment owner within two days after notice from the department, unless a retroactive permit is applied for by the encroachment owner and approved by the department.

(7) A non-permitted encroachment, which is affixed to the land, must be removed by the encroachment owner within five days after notice from the department, unless a retroactive permit is applied for by the encroachment owner and approved by the department.

(8) A non-permitted encroachment, whether or not affixed to the land, and not timely removed by the owner after notice, may be removed by the department under 60-6-104 and 60-6-105, MCA.

(9) If a non-permitted encroachment obstructs or prevents the use of the highway for vehicles, or constitutes a safety hazard to the traveling public, the department may immediately remove the encroachment without giving notice to the encroachment owner.

History

Authorizing statute(s): 60-2-201, MCA
Implementing statute(s): 60-2-201, 60-6-101, 60-6-102, 60-6-103, 60-6-104, 60-6-105, 61-8-706, MCA
History: NEW, 2014 MAR p. 2828, Eff. 11/21/14.

Subchapter 18.7.2 Right-of-Way Occupancy by Utilities

Mont. Admin. R. 18.7.201 Purpose of Utility Occupancy Regulations

(1) The purpose of these regulations is to prescribe conditions under which utility facilities may be accommodated on right-of-way of highways under the jurisdiction of the department of transportation. The principal objectives of these regulations are to achieve maximum public use of such highway right-of-way consistent with the laws of the state of Montana while yet providing maximum public safety, environmental protection, preservation of the highway investment and minimization of future conflicts between highway and utility facilities.

(2) These regulations are adopted and promulgated pursuant to the authority of the state of Montana department of transportation, hereinafter referred to as the department, to regulate occupancy of highway right-of-way. 23 CFR part 645, subpart B, has been used as a guideline in establishing the policies and procedures set forth in these regulations to the extent the provisions of 23 CFR part 645, subpart B, are not inconsistent with the Constitution and laws of the state of Montana or with special local conditions and circumstances.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.202 Definitions

(1) "Clear recovery area" means that portion of the highway right-of-way as established by the department. Unless otherwise provided, the distance for this area shall be 30 feet from the outer edge of the outside travel lane on paved sections or 42 feet from the centerline of the road on unpaved sections, or "clear zone" as defined by the 2011 edition of the AASHTO publication "Roadside Design Guide," whichever is greater. Copies of AASHTO publications are available for inspection and copying at the department's offices in Helena. Copies of current AASHTO publications are available for purchase at https://bookstore.transportation.org/ .

(2) "Department" means the state of Montana Department of Transportation and its authorized agents and representatives.

(3) "District" means the specific geographic area of the state designated by the Department of Transportation as a district. There are five district headquarters, which are currently located in Missoula, Butte, Great Falls, Billings, and Glendive.

(4) "District administrator" means the administrative head of each district or the designee of the district engineer.

(5) "Engineering costs" means costs for designing, locating, staking, inspecting, or any other incidental costs of engineering.

(6) "Facility" means all pipes, mains, conduits, cables, wires, towers, poles, and other equipment, structures, and appliances built or installed by any utility or non-utility for the purpose of transporting, transmitting, furnishing, and/or distributing hydro-carbons and the products thereof, electric power and energy, communication signals, water, and sewage.

(7) "Full controlled-access facility" means those portions of an interstate highway, throughway, or throughway intersection which the Highway Commission designates for through traffic or other federal-aid or state highways over, from, or to which the owners or occupants of abutting land or other persons have no easement of access, light, air, or view. It also means those portions of spurs of the interstate system which the Highway Commission designates as unsafe or impeded by unrestricted access of traffic from intersecting streets or alleys or public or private roads or ways of passage.

(8) "Highway" means a commission-designated highway system or state highway.

(9) "Highway right-of-way" means the land owned or controlled by the State of Montana Department of Transportation which is designated as highway right-of-way.

(10) "Highway structure" means any structure located on a highway that is under the jurisdiction of the Department of Transportation and constructed for the purpose of carrying vehicular, rail, or pedestrian traffic over a depression, stream, obstacle, roadway, walkway, or railroad.

(11) "Occupancy agreement," "common use agreement," "utility encroachment permit," or utility occupancy agreement permits mean the documents the owner must secure from the department, prior to occupancy, showing the conditions of occupancy of highway right-of-way, whether such occupancy is overhead, underground, or on the surface.

(12) "Public utility" means:

(a) all public utilities as defined by 69â€‘3â€‘101, MCA, but including publicly owned water and sanitary sewer facilities;

(b) all common carrier pipelines as defined by 69â€‘13â€‘101, MCA; and

(c) all rural cooperative, nonâ€‘profit membership corporations organized under the Rural Electric and Telephone Cooperative Act, as set forth in 35â€‘18â€‘101 through 35â€‘18â€‘503, MCA.

(13) "Relocation" means the adjustment or replacement of an existing publicly owned utility facility with a facility of lesser or equal value to accommodate a department highway construction project.

(14) "Retained facility" means an existing facility which occupies right-of-way required for a new highway project by virtue of a permit, right, or easement under which it was originally installed.

(15) "State" means the State of Montana and the State of Montana Department of Transportation as a duly constituted agency thereof, and its employees.

(16) "State highway project" means any highway construction project on a highway that is under the jurisdiction of the Department of Transportation.

History

Authorizing statute(s): 60-3-101, 60-4-402, MCA
Implementing statute(s): 60-3-101, 60-4-402, 60-4-403, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95; AMD, 2018 MAR p. 1278, Eff. 7/7/18; AMD, 2021 MAR p. 1772, Eff. 12/11/21.

Mont. Admin. R. 18.7.203 Scope and Application

(1) These regulations apply to all portions of federal-aid highway systems in Montana and establish requirements for occupancy of highway rights-of-way by:

(a) Utility facilities having property rights which have not been extinguished as a result of the utility facilities having been relocated, or have not been extinguished by specifically acquiring the property rights in question. ARM 18.7.211 covers and explains the status of and actions to be taken regarding situations where both a utility company and the department have property rights in a given piece of property.

(b) All other utility facilities as herein defined.

(2) Except as noted in (3), these regulations shall apply to:

(a) New utility facilities as herein defined. Specific regulations governing these facilities are covered in ARM Title 18, chapter 7, subchapter 2.

(b) Existing utility facilities presently occupying state highway right-of-way. Such facilities shall be governed by ARM 18.7.225.

(d) Existing utility facilities which must be modified, adjusted or relocated for the accommodation of new state highway construction.

(e) Retained facilities on new state highway projects where facility design and construction location are reasonably acceptable and not hazardous. Such facilities shall be governed by ARM 18.7.225.

(f) Occupancy by facilities which are not public utilities but may be allowed under utility encroachment permits granted and administered by the department.

(g) Occupancy of non-interstate right-of-way is subject to ARM 18.7.220.

(h) Longitudinal occupancy of interstate right-of-way is subject to ARM 18.7.204 and 18.7.219.

(3) These regulations shall not apply to facilities operated and maintained by local units of government within their jurisdictional areas unless they occupy right-of-way of federal-aid highway projects.

(4) Other uses of real property administered by the department must be requested through the department's right-of-way bureau.

History

Authorizing statute(s): 60-2-201, 60-3-101, 60-4-402, 60-4-601, MCA
Implementing statute(s): 60-2-201, 60-3-101, 60-4-402, 60-4-601, 60-5-101, 60-5-104, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95; AMD, 2023 MAR p. 1012, Eff. 9/9/23.

Mont. Admin. R. 18.7.204 Occupancy of Full Controlled-Access Facility Right-of-Way

(1) Occupancy of full controlled-access facility right-of-way under right-of-way use agreements (UPAS interstate permit) may be permitted where the facility owner shows that:

(a) all requirements of 60-4-601, MCA, and ARM 18.7.219 are met;

(b) the accommodation will not adversely affect the safety, design, construction, operation, maintenance, or stability of the full controlled-access facility.

(2) New utility installations and adjustments or relocations of existing utilities may cross the full controlled-access facility right-of-way. To the extent feasible and practicable they should cross at right angles to the full controlled-access facility right-of-way. No structures, vents, poles, manholes or other above-ground fixtures may be located within the full controlled-access facility right-of-way unless approved by the department.

(3) Utilities may be installed within the right-of-way of a crossroad over or under the full controlled-access facility, provided such installation is in compliance with all applicable rules, and provided the installation and servicing may be accomplished without access from the through traffic facilities of the full controlled-access facility roadway or ramps.

History

Authorizing statute(s): 60-3-101, 60-4-402, MCA
Implementing statute(s): 60-3-101, 60-4-402, 60-4-601, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95; AMD, 2023 MAR p. 1012, Eff. 9/9/23; AMD, 2024 MAR p. 1880, Eff. 7/27/24.

Mont. Admin. R. 18.7.206 Private and Public Utilities – Relocation Costs

(1) All public utilities defined in ARM 18.7.202 may occupy commission-designated highway systems or state highway rights‑of‑way by utility occupancy agreement permits issued at the sole discretion of the department.

(2) All utility facilities not meeting the definition in ARM 18.7.202 are private utilities and may only occupy commission-designated highway systems or state highway rights‑of‑way by revocable utility encroachment permits issued at the sole discretion of the department.

(3) Public utilities granted utility occupancy agreement permits for public utilities occupying commission-designated highway systems are eligible for payment by the department for highway construction project costs of relocation in the percentages allowed pursuant to 60-4-403, MCA, and the following terms:

(a) for publicly owned water or sanitary sewer facilities, when the actual cost of the work performed by a state contractor, excluding engineering costs, is under $25,000, the department will pay costs including materials, labor, traffic control, and mobilization;

(b) for publicly owned water or sanitary sewer facilities, when the actual cost of the work performed by a state contractor, excluding engineering costs, is over $25,000, the public utility owner must pay the owner's proportionate share as defined in 60-4-403, MCA, of the actual costs charged by the contractor and the following costs:

(i) eight percent of the owner's proportionate share for traffic control;

(ii) eight percent of the owner's proportionate share for mobilization; and

(iii) the department's current indirect cost rate.

(4) Private utility facilities granted revocable utility encroachment permits are not eligible for highway construction project relocation payment under federal or state statutes, regulations, or rules.

History

Authorizing statute(s): 60-3-101, 60-4-402, MCA
Implementing statute(s): 60-3-101, 60-4-402, 60-4-403, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95; AMD, 2018 MAR p. 1278, Eff. 7/7/18; AMD, 2021 MAR p. 1772, Eff. 12/11/21.

Mont. Admin. R. 18.7.207 Electronic Utility Permit Application Process

(1) An applicant must apply for a utility encroachment permit or utility occupancy agreement (collectively Utility Permit) through the department's Utility Permitting Administration System (UPAS), through the department's website at www.mdt.mt.gov or mdtupas.com, for the installation of any utility facility on right-of-way under the jurisdiction of the department. The Utility Permit conditions and department's Montana Right-of-Way Utilities Manual set forth the procedures and conditions for all utility installations statewide. The department may impose additional restrictions or requirements for Utility Permits. The following conditions apply to all Utility Permit applications:

(a) Permits are only issued in the name of the utility owner;

(b) A utility owner, utility company, or utility company contractor may not begin any utility work on the right-of-way until an approved Utility Permit is issued by the department and the utility owner is authorized to proceed;

(c) The utility owner must provide the name of any contractor or subcontractor who will be conducting the installation, including contact information and an executed construction agreement if required by the department, within 60 days after the utility owner retains the contractor or subcontractor, or prior to commencement of work whichever occurs earlier;

(d) If the utility owner expects work to impact travel lane capacity, the utility owner must contact the appropriate department district office to discuss traffic control concepts in advance of submitting a Utility Permit application;

(e) The utility owner's construction forces and the utility contractor must keep a copy of the completed Utility Permit, including all attachments, at the work site at all times. All documents and the utility work are subject to department review at all reasonable times; and

(f) A pending application shall, if necessary, be modified by the utility owner to improve safety or facilitate alteration or maintenance of the right-of-way as determined by the department.

(2) Each application must:

(a) be complete and accompanied by all required supplemental materials. The department reserves the right to reject ineligible, incomplete, or otherwise improper applications. The department may request additional information if warranted after initial application review. Applicants have 30 days to respond to an additional information request. If no response is received, the application will automatically be denied;

(b) be in the name of the utility owner that is responsible for the installation and maintenance of the utility facility, including name, address, e-mail address, responsible employee's title, and telephone number;

(d) include authorization, if any, for the utility owner's contractor to obtain a Utility Permit on the utility owner's behalf. All terms and conditions set forth in the Utility Permit apply to the contractor; and

(e) be accompanied by a non-refundable electronic convenience fee.

(3) Application attachments must include:

(a) an electronic plan set in PDF depicting the proposed installation. The plans must be in a format acceptable to the department and must include utility company identification, work location, utility type and size, type of construction, vertical and horizontal location of facilities relative to the centerline of road, location of all appurtenances, trench details, and right-of-way limits;

(b) a traffic control plan which conforms to the Manual on Uniform Traffic Control Devices (MUTCD).

(4) The American Society of Civil Engineers (ASCE) standard guideline for recording and exchanging utility infrastructure data is adopted by reference. The ASCE guideline is available at www.asce.org . ASCE standard survey-grade Global Positioning System (GPS) survey, or "as built survey" of the utility facility location(s), must be submitted electronically to the department within 90 days of completion of the installation or construction, or otherwise as allowed in (c). The ASCE standard as-built surveys must comply with the department's Utility Manual and the following:

(a) A Utility owner may:

(i) Submit ASCE standard survey-grade Global Positioning System (GPS) as-built surveys certified by a licensed professional engineer (PE) or professional land surveyor (PLS) showing the facility type, function, size, configuration, material, location, elevation, and any special features such as encasement, manholes and valves, or as otherwise specified in the Utility Permit special conditions. The ASCE standard certified survey data will not be subject to department inspection and audit unless discrepancies are noted by the department; or

(ii) Submit ASCE standard survey-grade as-built surveys, certified by a duly authorized officer or employee of the utility owner instead of a licensed PE or PLS, showing the facility type, function, size, configuration, material, location, elevation, and any special features such as encasement, manholes and valves, or as otherwise specified in the Permit special conditions. The ASCE standard non-PE or PLS certified survey data may be subject to department audit and inspection.

(b) ASCE standard non-PE or PLS certified as-built surveys are subject to department audit, inspection, and verification of accuracy. If the department notes discrepancies between submitted as-built surveys and inspections, the department may hire an independent contractor to locate the utility facility and obtain accurate as-built survey data. All costs associated with this activity are the responsibility of the utility owner.

(c) If ASCE standard as-built surveys are not submitted within 90 days, or another time period as determined by the department upon utility owner's request, the department may remove the utility facility, place all other submitted Utility Permit applications from the delinquent utility owner on hold, or hire a consultant to complete the survey work and charge all costs to the delinquent utility owner. A utility owner may request an extension due to weather or other conditions, which may be approved in writing by the department.

(d) The department may reimburse a utility owner for PE or PLS certified ASCE standard as-built surveys if the utility facility is eligible for relocation reimbursement due to a pending highway project.

(e) Costs incurred at any time by the department or its contractors due to significant incorrect as-built survey information supplied by the utility owner, or major deviations in actual placement from that described in the original permit, are the responsibility of the utility owner. The department will bill the utility owner for costs incurred.

(5) Utility owners performing maintenance of permitted utility facilities occupying right-of-way under the jurisdiction of the department must apply for a utility Notification Permit (Notification Permit). A Notification Permit application must be submitted electronically through UPAS through the department's website at mdt.mt.gov or mdtupas.com. Notification permits are subject to all applicable UPAS requirements and the following conditions:

(a) the application must provide an exact description of the maintenance work, including location, date(s) of maintenance work, traffic control plan, and any other information requested by the department;

(b) no fee or as-built survey data is required for a Notification Permit;

(c) the department will require the utility owner's construction forces or a utility contractor performing utility maintenance work in the right-of-way without a Notification Permit to vacate the right-of-way immediately until a Notification Permit has been issued by the department, including any required traffic control plan; and

(d) utility work performed in response to an emergency does not require a prior Notification Permit, but a Notification Permit application must be submitted as soon as practicable after the work is completed.

(6) The department may revoke a Utility Permit or a Notification Permit for failure to comply with the terms and conditions of the permit. Upon Utility Permit or Notification Permit revocation, the department may remove the utility facility and restore the highway and right-of-way at the sole expense of the utility owner. Prior to any revocation, the department shall notify the utility owner in writing, setting forth the violations, and providing the utility owner a time period to correct the violations to the satisfaction of the department. The utility owner may request an extension due to weather or other conditions which may be approved in writing by the department. The department may decline to issue further Utility Permits or Notification Permits to a utility owner who fails to comply with this rule or permit requirements.

History

Authorizing statute(s): 60-4-402, MCA
Implementing statute(s): 60-4-402, 60-4-403, MCA
History: NEW, 2019 MAR p. 2021, Eff. 1/1/20; AMD, 2023 MAR p. 1012, Eff. 9/9/23.

Mont. Admin. R. 18.7.208 Utility Relocation for Design-Bid-Build Highway Projects

(1) In addition to other options available to the department, all facilities located in the highway right-of-way must follow this rule when any part of them must be moved for a highway project that uses the design-bid-build delivery method.

(2) The department will send a preliminary notice to any facility owner whose facility may need to be moved for a highway project.

(a) The preliminary notice will be in writing and will give enough information for the facility owner to know the project location, the possible extent of the move, and the approximate date the project will go out for bids based on the department’s tentative construction plan.

(b) The department may send a preliminary notice anytime during project planning, but always before or at the meeting with the facility owner to discuss project details, estimated reimbursement, or a utility agreement.

(3) Any facility owner that receives a preliminary notice under (2) will also receive a written notice to move its facilities for the highway project. The written notice will allow the facility owner a reasonable amount of time to move the facility. This timeframe will be no less than 90 days, and it is always in addition to the 90 days following the preliminary notice. A reasonable written notice is effective the date it is sent or 90 days after the preliminary notice is sent, whichever is later.

(a) A notice to proceed counts as reasonable written notice.

(b) A letter may also serve as reasonable written notice if it sets a date for removal and warns the facility owner that the department will remove the facility itself if the facility is not moved as instructed.

(4) A facility owner shall submit a written notice of completion to the department upon finishing the relocation work.

(a) The department shall give the facility owner a written acknowledgment stating the date the notice was received, which will be the completion date.

(b) If a facility owner entitled to reimbursement fails to move the facility as required under a reasonable written notice, the department will reduce department participation in relocation costs on a daily basis in an amount equal to 2.5% of the total reimbursement amount set forth in the utility agreement. The reduction begins on the date listed in the utility agreement (at least 90 days after the reasonable written notice was sent) and continues until the completion date established in (4)(a) or until the reimbursement amount is reduced to zero, whichever occurs first.

(5) If a facility owner submits a written request claiming an excusable delay, the department may extend the reasonable amount of time for removal as defined in this rule, counted to the nearest full day.

(a) The request must be submitted within 21 days of the event that caused the delay. The facility owner must provide documentation proving the delay was excusable and specific to the project and location.

(b) The request will be reviewed by the district agent, right-of-way utilities manager, or another designated staff member, and the decision will be provided in writing.

(c) An excusable delay is caused by something beyond the facility owner’s control that could not have been predicted. Examples include, but are not limited to, severe winter weather, environmental conditions preventing removal, delays caused by the department that influence the timeline as established in the utility agreement, or material delays caused by an industry-wide strike, national disaster, or major shortage.

(d) Delays caused by things the facility owner could have prevented or anticipated, such as traffic control device needs, late supply orders, and financial problems are not excusable.

(6) Facility owners must ensure removals are accurate and comply with permits and agreements. Final acceptance by the department does not guarantee the installation is accurate; it only finalizes the penalty deducted from reimbursement and establishes the total reimbursement reduction.

(7) If a facility owner does not remove the facility in compliance with this rule, the department has the right to hire qualified contractors to remove the facility. Removal of a facility may begin no sooner than 130 days following the reasonable written notice provided under (3).

(8) If a department notice under this rule contains an error, it can be corrected with another notice. Minimum time periods set in this rule or in 60-4-403, MCA, will not automatically change because of the error, unless the error misled the facility owner or made the notice invalid. A corrective notice may also clarify how or if a timeline is affected.

(9) Any notice to a facility owner under this rule may be delivered using the contact information on record for the permit, if one exists. If no permit exists, the department may use any commercially reasonable method to contact the facility owner.

History

Authorizing statute(s): 60-4-403, MCA
Implementing statute(s): 60-4-402, 60-4-403, MCA
History: NEW, 2026 MAR, Notice No. 2025-171, Eff. 4/11/26.

Mont. Admin. R. 18.7.211 Areas of Common Use and Ownership

(1) This section applies to those situations where both utility facilities and highway facilities occupy a given piece of land and where the utility has a real property interest in the said land. This situation most commonly occurs as follows: Prior to expansion, improvement, or new construction of the highway, the utility constructed its line on land where it had a compensable interest; subsequent to this, the highway was widened or newly constructed, and the area where the utility had property rights was purchased by the department; the utility was not required to be relocated for the physical construction of the road, but remained and continued to occupy the land in which the utility company had an easement (in this case, the utility continues to occupy an easement which predates the right-of-way acquisition by the department, and thus the utility continues to occupy land in which it has a compensable real property interest) . The situation of joint use and joint occupancy can conceivably occur in other ways, but the above is far the most common manner which gives rise to the common use situation.

(2) In those situations described in (1) above, the parties should enter into a written agreement, thereby acknowledging their respective rights of ownership and use. Said written agreement may be a "common use agreement," or it may be of any other form acceptable to the parties and appropriate to the situation.

History

Authorizing statute(s): 60-3-101, 60-4-402 MCA
Implementing statute(s): 60-3-101, 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.219 Eligible Projects for Longitudinal Interstate Use

(1) A right-of-way use agreement is a lease as per 23 CFR 710.105.

(2) An applicant must apply for a right-of-way use agreement from the department's Utility Permitting Administration System (UPAS) through the department's website at www.mdt.mt.gov or www.mdtupas.com . The procedures and conditions for all eligible project facility installations and maintenance are set forth in the right-of-way use agreement terms and conditions, ARM Title 18, chapter 7, subchapter 2, and the department's right-of-way utilities manual.

(3) An electronic use convenience fee is due upon submission of each UPAS application. Applications shall be reviewed in the order they are received. The department shall consider all relevant factors, including but not limited to:

(a) the maximum occupancy of facilities and remaining availability of interstate right-of-way at the proposed project location;

(b) the feasibility of the proposed project location and the impact to the traveling public's safety and convenience;

(d) the maintenance area necessary for the proposed project location; and

(e) the requirements set forth in 60-4-601, MCA.

(4) All appropriate underground or above-ground requirements in state and federal statute, regulations, and rules must be met including, but not limited to:

(a) the department shall enter right-of-way use agreements in a manner so as to reserve, where possible, sufficient underground right-of-way for eligible projects as defined in 60-4-601, MCA;

(b) above-ground facilities or infrastructure must be located outside the clear recovery area without reduction in safety for the traveling public and without any impacts to standard maintenance operations unless otherwise approved by the department;

(d) each facility's dedicated power source must obtain a separate UPAS permit.

(5) Right-of-way use agreement terms shall include an application fee of $100, due upon department notification to applicant.

(6) The department shall deposit the revenues derived from the right-of-way use agreement and related fees in the state special revenue highway restricted account established in 15-70-126, MCA.

(7) The applicant shall not commence construction work within the interstate right-of-way until the right-of-way use agreement and the UPAS permit have been approved by the department.

(8) Facilities installed under a right-of-way use agreement must comply with ARM Title 18, chapter 7, subchapter 2 for general utility installation and maintenance requirements.

(9) Assignment of a right-of-way use agreement is not binding until approved by the department. An assignment may only be denied for good cause, which reasons may include, but are not limited to:

(a) all payments due have not been received; or

(b) the terms of the right-of-way use agreement have been violated.

(10) If a facility owner disagrees with the department's decision to deny an application or refuse to renew a right-of-way use agreement, the facility owner must submit a written request for a formal hearing that must be received by the department within 30 days of the date on the department's notice. A formal hearing consists of a contested case proceeding under the Montana Administrative Procedure Act.

History

Authorizing statute(s): 60-2-201, 60-3-101, 60-4-601, MCA
Implementing statute(s): 60-2-201, 60-4-601, 60-5-101, 60-5-104, MCA
History: NEW, 2023 MAR p. 1012, Eff. 9/9/23.

Mont. Admin. R. 18.7.220 Non-Regulated Telecommunications - Fiber Optic – Broadband – Wireless Facilities in Non-Interstate Highways

(1) The department may issue utility encroachment permits with applicable terms for use of non-interstate federal-aid highway system rights-of-way to non-regulated telecommunications, fiber optic, broadband, and wireless facility owners for the purpose of installation of appropriate equipment and associated infrastructure within state highway rights-of-way.

(2) Any facilities placed on the non-interstate federal-aid system highway right-of-way must be placed in accordance with existing statutes, rules, and standards of the department. A facility's power source not owned by the applicant must obtain a separate UPAS utility permit.

(3) Any relocation of facilities occupying the right of way is subject to 60-4-403, MCA.

(4) The department shall review applications to ensure the proposed facilities, their operation, and maintenance do not conflict with the operation or maintenance of facilities owned by other entities previously issued a utility encroachment permit or occupancy agreement and are not dangerous to persons or property using or occupying the right-of-way. The applicant must determine the existence and location of all facilities within the non-interstate highway right-of-way prior to project construction.

(5) If a facility owner disagrees with the department's decision to deny an application or revoke or refuse to renew a utility encroachment permit, the owner must submit a written request for a formal hearing that must be received by the department within 30 days of the date on the department's notice. A formal hearing consists of a contested case proceeding under the Montana Administrative Procedure Act.

History

Authorizing statute(s): 60-2-201, 60-3-101, MCA
Implementing statute(s): 60-2-201, 60-5-101, 60-5-104, MCA
History: NEW, 2023 MAR p. 1012, Eff. 9/9/23.

Mont. Admin. R. 18.7.222 Longitudinal Occupancy of Highway Right-of-Way by New Facilities - General

(1) Public utility facilities shall be located so as to minimize conflicts and avoid the need for future adjustment. Location shall be such that the facilities will present the minimum danger to the highway traffic. Facilities shall be located so as not to interfere with normal highway maintenance.

(a) In rural areas it is preferable that facilities be located at the edge of the right-of-way, but in no case should they be located within the clear recovery area, without prior department approval. Furthermore, above-ground facilities should not be nearer than proposed or existing roadside appurtenances and fixtures.

(b) In cities, towns and urban areas, above-ground facilities to be placed within the right-of-way will be placed as far as practicable from the edge of the pavement.

(c) At the discretion of the department, the clear recovery area requirement may be waived for minor sections of a facility if no other reasonable alternative exists. Any such waiver may only be granted upon the written approval of the district administrator.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.223 Longitudinal Occupancy by New Overhead Facilities

(1) Facilities above ground shall be located along the outer portion of the right-of-way.

(a) Where right-of-way width and terrain features permit, the facilities shall be located outside the clear recovery area, except as follows:

(i) On curbed sections, the facilities shall be located at the maximum practicable distance behind the face of the curb.

(ii) Where the safety of the motorist is provided by guard rails or other protective devices or structures, the facility may be located behind such guard rail or other device.

(iii) In timbered areas, adherence to the principle of occupying the outer portion of the right-of-way or adherence to the clear recovery area distance may result in unwarranted cutting of timber along the roadway or the cutting of a new pathway along the right-of-way line. In these cases, discretion should be exercised to balance the undesirable aesthetic effects of such additional cutting against the results which are achieved by strict adherence to general policy. Any deviation from this rule will require written approval from the district administrator.

(iv) As set forth in ARM 18.7.222(1) (c) .

(b) Where appropriate, installations shall comply with the current edition of the National Electric Safety Code, or other applicable code or regulation.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.224 Longitudinal Occupancy by New Underground Facilities

(1) For communication and electrical power facilities, underground facilities shall be installed according to the requirements of the National Electrical Safety Code.

(2) For natural gas and other hydrocarbon facilities, pipeline installation shall conform to all applicable federal regulations.

(3) For water and sewer facilities, pipeline installation shall conform to the current standards for Montana Public Works Standard Specifications and to the state's current Standard Specifications for Road and Bridge Construction and all applicable federal regulations.

(4) No underground facilities will be permitted longitudinal occupancy under any portion of the pavement or surfacing courses in rural areas. However, in hardship cases such as solid rock, steep cliffs and swampy areas, etc., the department may permit the placement of utility facilities along the shoulder of the highway road section, provided sufficient justification is shown. It would be preferable in these cases, however, if the facilities were placed in the roadway ditch section or in the roadway fills for the short distance required to bypass the hardship areas. In such hardship cases consideration will be given to placement in conduit, at extra depth, or placing a concrete cap over the facility for additional protection. The installations shall be well marked as they leave the edge of the right-of-way and where they are located within the highway road facility. This does not affect the direct crossing of the highway rights-of-way in any manner (for underground crossings, see ARM 18.7.227 through 18.7.229) . Utility installation in curbed sections or built-up areas may be permitted under the pavement or surfacing courses provided there are no border strips available for the installation.

(5) Fiber optic cable is to be buried a minimum of 1.0668 meters (42 inches) below the ground line except where the department approves a lesser depth because of some exceptionally difficult construction problems, including, but not limited to, solid rock or placement in utility conduits under city streets. The installed cable must be properly marked above ground and have a location or warning tape 457.2 millimeters (18 inches) above the cable, except as provided for in (6) . The aboveground marking should be at least at 152.4 meters (500 foot) intervals or on a common line of sight between signs and markers.

(6) When installing non-metallic pipe or cable, the utility owner shall install suitable markers and other metallic location tape or wire for all installations other than pushed or bored crossings.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 1043, Eff. 5/12/95.

Mont. Admin. R. 18.7.225 Longitudinal Occupancy of Highway Right-of-Way by Existing Facilities

(1) Utility facilities in place or presently under construction shall be deemed to conform with these standards without further documentation, except as follows:

(a) where it is determined that definite hazards are created by the present location of such facilities, the department and utility shall mutually attempt to eliminate such hazard. The replacing facility shall conform with the standards required for new facilities on highway right-of-way.

(b) where existing facilities are relocated due to highway projects, the relocated facilities shall conform with the standards required for new facilities on highway right-of-way.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 18.7.226 Aerial Crossings by New Utility Facilities

(1) In addition to the rules for longitudinal occupancy, the following shall apply to new aerial crossings:

(a) consideration shall be given to minimizing the frequency and length of crossing spans.

(b) facility crossings shall be made as nearly as possible at right angles to the highway.

(c) installation shall comply with the current edition of the National Electric Safety Code, or other appropriate code or regulation. 6.4008 meters (twenty-one feet) of clearance is required above the surface of the roadway.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.227 Underground Crossings by New Communication and Electric Power Facilities

(1) Underground facilities shall be buried not less than 42 inches deep.

(2) Crossings required for service connections or crossing, which, in the opinion of the utility, will not require reinforcement may be made without the use of the conduit.

(3) All other crossings should be made with conduit of sufficient capacity to handle anticipated future requirements of the utility.

(4) Conduit shall be of sufficient strength to carry prescribed legal weights of construction equipment and highway traffic.

(5) The department shall determine the minimum length of conduit to be used, based on protection to the highway, as well as future highway expansion.

(6) Fiber optic cable crossings are to be buried a uniform, minimum depth of 42 inches below the ground line, or the bottom of a ditch, whichever is greater, if a ditch is present. Steel, heavy gauge pvc, or some equivalent conduit is required on road crossings where the district determines it is necessary. The location or warning tape will not be required on roadway crossings.

History

Authorizing statute(s): 60-3-101, 60-4-402, MCA
Implementing statute(s): 60-3-101, 60-4-402, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95; AMD, 2024 MAR p. 1880,. Eff. 7/27/24.

Mont. Admin. R. 18.7.228 Underground Crossings by New Natural Gas, Water, Sewer and Hydrocarbon Pipeline Facilities

(1) Installation of these facilities shall comply with section (2) of ARM 18.7.224.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 18.7.229 Underground Crossing Methods

(1) For crossing existing highways:

(a) If practicable, all crossings under existing highways shall be made by boring, pushing or other acceptable trenchless technology.

(b) Full controlled-access facility crossings shall be installed by trenchless technology, or other acceptable methods, from control access fence to control access fence. The district can consider exceptions where soils are not suitable for boring or pushing or the length and topography make boring or pushing impracticable. In these cases permission can be granted to install jacking or boring pits within the control access fences. Receiving pits may also be installed in the median to reduce the distance only as a last resort. A traffic control plan must be submitted by the utility and approved by the district prior to beginning work.

(c) Trenching through existing paved highways shall be permitted only when installation by boring or pushing pipe is not practicable. When trenching is allowed by the district administrator, installation will be made under the following conditions:

(i) The department shall approve the methods used for backfill and compaction and repair of the highway surface where the surface is cut or damaged by utilities' operations. The methods followed shall be consistent with the department's standard practice. Non-shrink backfill may be required by the district as an acceptable alternative to conventional backfill methods.

(ii) The department shall be advised of the date work will be started and 12 hours' notice shall be given if this date is changed.

(iii) The trenching shall be subject to inspection by the department at all times and upon completion of the project, the department shall inspect and accept the work.

(iv) The utility shall be responsible for any repairs necessary as a result of cutting the pavement for a period of 12 months after completion and notice thereof to the department.

(d) A traffic control plan shall be submitted by the utility and approved by the district administrator prior to commencing such work.

(2) For crossing new highways, facility crossings necessitated by new highway construction shall be built in accordance with the foregoing standards unless the department and utility shall otherwise mutually agree.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 1043, Eff. 5/12/95.

Mont. Admin. R. 18.7.230 Attachment to Highway Structures

(1) For existing attachments:

(a) Attachments to existing structures in place prior to the effective date of these rules are considered to be in compliance with this rule, provided:

(i) The owner shall inspect the attachment annually and shall repair any deficiencies. The owner shall maintain a record of the inspections.

(ii) If the attachment is not currently permitted by a structure attachment permit, the owner shall submit an application for a permit and drawings to the appropriate district office for approval under these rules within six months of the effective date of these rules.

(2) For proposed attachments to existing structures:

(a) Where it is feasible and reasonable to locate utility facilities elsewhere, attachment to highway structures will not be allowed. Where other locations create undue hardship for the installation of the facility, consideration will be given to attaching the utility facility to a highway structure. The following conditions will apply:

(i) All utility facilities attached to structures shall be attached as provided in this rule unless written approval to do otherwise is granted by the department's bridge engineer.

(ii) Attachments to structures shall be inspected by the owner at least once per year and the owner shall repair any deficiencies immediately. Records of the inspections shall be maintained by the owner for a minimum of three years.

(iii) Attachment to longitudinal structures on a full control access facility system generally will not be permitted except to exclusively serve a highway facility. Attachments to existing structures crossing the full control access facility will be considered on a case-by-case basis.

(iv) The attachment method shall conform to engineering standards for preserving the highway, its safe operation, maintenance and appearance.

(v) Attachment of a utility facility will not be permitted unless the structure can support the additional load, and accommodate the utility facility without compromising highway user safety and convenience, and its attachment does not impair bridge inspection or maintenance.

(vi) Manholes will not be allowed in the driving lanes of a bridge deck. Where the structure has a minimum shoulder width of 3.048 meters (10 feet) , manhole access through the deck in the shoulder area may be allowed within the discretion of the department.

(vii) The utility attachment will be installed on the bridge in a manner which will not reduce the vertical clearances above river, stream, pavement or top of a rail.

(viii) Utility attachments to the outside of a structure that is located within 402.336 meters (440 yards) of a residential structure, park, fishing access site, or other recreational facility will not be permitted. A residential structure is any go building intended for human occupancy, including businesses. This provision may be waived by the district administrator if the utility can demonstrate the provision will place an economic hardship on the utility and that the design and attachment of the facility will not detract from the aesthetics of the structure. In other areas where, in the opinion of the district administrator, bridge aesthetics are not a particular concern, a utility may be attached to the outside of the structure. Utilities attached to the outside of the structure will be on the downstream side.

(ix) Utility facilities shall be firmly attached to the structure and where necessary padded to eliminate noise and abrasion due to vibrations caused by wind or traffic.

(x) The installation of a utility through the abutment or wing wall of an existing structure shall not be permitted.

(xi) In locations where a utility attached to a structure is carried beyond the back of the abutment, the utility shall curve or angle out to its proper alignment outside the roadbed area within the shortest possible distance from the abutment.

(xii) So long as utility facilities comply with the other conditions set forth in these rules such a facility may be attached to structures by hangers or roller assemblies suspended from inserts in the underside of the deck or from hanger rods clamped to a flange of a superstructure member.

(A) Bolting through the deck or concrete beams shall not be permitted.

(B) Welding of attachments to steel members or bolting through such members shall not be permitted.

(D) Drilling in prestressed concrete beams shall not be permitted.

(E) Attachments of utilities facilities to bridge handrail or guardrail or their anchorage systems shall not be permitted.

(F) Attachment of pipelines carrying deleterious or corrosive substances shall not be permitted.

(xiii) The design of a utility attachment to a highway structure shall include provisions acceptable to the department for lineal expansion and contraction due to temperature changes. Line bends or expansion couplings may be used for this purpose.

(xiv) Each proposed bridge attachment will be considered on a case-by-case basis by the department.

(xv) Trenching in the vicinity of piers, bents or abutments shall be a sufficient distance from footings to prevent undercutting or material from sloughing from under the footing.

(xvi) An application which involves the reduction of existing waterway area shall not be permitted.

(xvii) Utilities attached to bridges shall not be maintained from the bridge deck without the prior approval of the department's district engineer.

(xviii) Utility facilities shall not be attached to bridges on or eligible for listing on the national register of historic places without written consent of the state historic preservation officer.

(xix) By accepting the occupancy permit, the owner of the utility facility shall be fully liable to the department, or others, for any damage to the structure, or the surrounding environment, caused by the placement and use of the facility on a highway structure. If the structure is damaged by the utility facility, through negligence or otherwise, so that the structure can not be used by the traveling public, then the utility must pay all costs to repair the structure, and associated costs.

(xx) The department shall not allow any new attachments to a highway structure by petroleum, natural gas, or other products pipelines in seismically active areas (those areas where the anticipated acceleration coefficients due to an earthquake exceed 100 of gravity) unless the structure has been retrofitted or built in conformity to the department's seismic requirements since January 1, 1992. The department may waive this requirement if the department determines that the structure is adequate for the seismic area within which it is located.

(3) For proposed attachments to new bridge structures:

(a) Where the department plans to construct a new structure, the design of the structure will, upon request of a utility company, be reviewed by the department's bridge bureau for accommodation of existing or proposed utility installations consistent with the requirements set forth herein. The utility company may be required to reimburse the state for additional design and construction costs associated with accommodating the utility facility on the new structure.

(b) Installation of a utility facility on a new structure shall be coordinated with the bridge construction so as not to interfere with the operations of the highway contractor.

(c) The applicant shall submit complete plans and specifications of the proposed installation, including the weight per lineal meter (foot) and detail drawings to the department prior to the department's completion of plans and specifications for the proposed structure.

(d) Utility facilities may be installed through free standing bridge abutments, but shall not be permitted through abutments or bents that are expected to move as the thermal expansion and contraction affects the bridge. The hole created in the bridge abutment must be of the minimum size necessary to accommodate the utility and it shall be sleeved to permit relative movement between the abutment and utility.

(4) For pipelines:

(a) At the option of the utility, pipelines must be attached to a highway structure by one of the following methods:

(i) The carrier line shall be encased throughout the length of the structure and the casing shall be carried beyond, but not through, the bridge abutments and shall be effectively opened or vented at each end. The casing shall be designed to withstand the same internal pressure as the carrier pipe; or

(ii) The carrier line may be attached to the structure unencased using the following design factors:

Class Location 1 0.50

Class Location 2 0.40

Class Location 3 0.33

Class Location 4 0.27

The design factor specified shall be obtained in accordance with the equations set forth in 49 CFR 192 by any combination of wall thickness and/or pipe yield strength that will provide the required design factors. If the design factor is obtained by increasing steel strength, the utility shall provide certification at the time of installation to the department that the pipe, in fact, meets the strength requirements in the design calculations.

(b) The carrier pipe shall be pressure tested before start-up in accordance with the latest edition of applicable industry codes, as well as the applicable statutes and regulations.

(c) The attachment shall be designed to prevent any discharge from damaging the structure or reaching the waterway in the event of a rupture. That capability shall be demonstrated to the satisfaction of the department's bridge engineer prior to approval of the attachment.

(d) Pipelines using bridge members to resist forces generated by fluids in motion shall not be permitted.

(e) The following information shall be included in the application: outside diameter, inside diameter, pipe material, actual working pressure, substance carried, type of coating, and any other information requested by the department.

(f) Pipelines attached to highway structures shall be electrically isolated from the structure.

(g) Pipelines shall be attached to provide sufficient clearance for convenience and safety during maintenance and repair of the structure or other utility attachments on the structure. The pipeline shall be located to minimize the possibility of damage from traffic. Pipelines shall include the capability to allow for expansion and contraction of the structure and the pipeline.

(5) For power and communication lines:

(a) Electric power and communication conductors attached to a highway structure shall be insulated from the structure, and carried in protective conduit or pipe throughout the structure. Exposed metallic conduit shall be grounded on each end. Where metallic conduit is installed within two meters (seven feet) of any metal parts of the structure which are readily accessible, including, but not limited to, railings, platforms, or stairs, the metallic conduit shall be bonded to the metal parts of the structure. When bonding, all sections of the structure shall be bonded to the metallic conduits.

(b) Electrical power and communication lines shall be attached to provide sufficient clearance for convenience and safety during maintenance and repair of the structure or other utility attachments on the structure. The conduit shall be located to minimize the possibility of damage from traffic. Conduits shall allow for the expansion and contraction of the structure.

(d) Metallic conduit attached to structures that are cathodically protected shall meet all of the above requirements and shall not adversely affect the cathodic protection of the structure, i.e., insulate the conduit from the soil and use anodes at each end for grounding. Method to be used shall be approved by the department's bridge engineer on a case by case basis.

(6) Aerial power or communication lines will not cross over bridges where it is possible to avoid such installations. A minimum vertical clearance of 7.62 meters (25 feet) from the top of the bridge rail will be maintained. A horizontal clearance of 7.62 meters (25 feet) will be maintained from the neat lines of the structures.

(7) For attachment materials:

(a) All attachments to structures shall be constructed from durable materials designed for long service life and be free from routine servicing or maintenance. All materials shall conform to current applicable industry specifications and codes.

(b) All steel materials used in attaching a utility conduit to a structure shall be stainless or galvanized.

(c) Materials used for attaching a utility facility to the structure shall be compatible with the structural material to eliminate the possibility of corrosion.

History

Authorizing statute(s): Sec. 60-3-101 and 60-4-402 MCA
Implementing statute(s): Sec. 60-3-101 and 60-4-402 MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.

Mont. Admin. R. 18.7.231 General Considerations

(1) The following general considerations shall apply to occupancy of highway right-of-way by utility facilities covered by ARM 18.7.222 through 18.7.231.

(a) If the state should deem it necessary and/or desirable to change, construct, reconstruct, or otherwise use for highway purposes, the premises occupied by utility facilities, or any portion thereof, and such change, construction, reconstruction or usage should necessitate changes in utility structures or installations, the utility shall make the necessary changes and the costs thereof shall be paid in accordance with the law in effect at the time the change is required to be made; state and utility reserve the right to test validity or constitutionality of any such law. The department reserves the right to expand highway facilities over existing underground utilities located within highway right-of-way without adjusting the utility facility, if the construction work does not conflict with the utility.

(b) The utility facility owner shall be liable, and state shall not be liable, to the general public for any injury to or death of any person whomsoever, or for the loss of or damage to property of any kind or nature to whomsoever belonging when such injury, death, loss or damage arises out of or results from the construction, maintenance, or repair of existing or future utility facilities located within the highway right-of-way, or the installation or operation of such utility facilities within the highway right-of-way, regardless of whether or not the department has expressed or implied approval of the construction, maintenance, repair, installation or operation of such facilities within the highway right-of-way. If any highway or transportation facility or structure is damaged by any party, whether through negligence or otherwise, then that party is fully responsible for the cost to repair the structure and any associated costs, including, but not limited to those liabilities set forth in the previous sentence.

(c) If the work done by the utility interferes in any way with highway drainage, the utility, at its expense, shall make such reasonable provisions as the department may direct to correct such drainage.

(d) Clearing of trees, bushes and other vegetation shall be held to the minimum required for construction and safety. All such clearing shall be revegetated in accordance with 7-22-2152, MCA. Spraying of vegetation to inhibit growth is prohibited.

(e) In the event it is necessary to cut or disturb a paved portion of a roadway, then such disturbance shall be properly patched, and shall be maintained for one year from the installation date. If the responsible party does not perform required repairs within 30 days of notification, the department may make such repair and charge the full cost to the responsible party.

(f) The utility shall return the right-of-way to its original condition as nearly as practicable and shall remove all of its rubbish and debris promptly following completion of its activities.

(g) Work performed by the utility within the highway right-of-way shall be subject to inspection at all times.

(h) Subsequent to the initial installation, all repair, maintenance, reconstruction, relocation, or removal of utility facilities shall be accomplished in such a manner as will cause the least interference with normal operation and maintenance of the highway.

(i) The state shall not be responsible or liable for damage which may occur to utility facilities occupying highway right-of-way under these regulations.

(j) Upon termination of occupancy, the utility shall remove its above-ground facilities and restore the right-of-way as nearly as practicable to the condition existing at the time of initial occupancy thereof. Reasonable and ordinary deterio- ration caused by use or the elements or the acts of nature are excepted.

(k) Retired or abandoned below-ground facilities shall, at the discretion of the department, be removed by the facility owner, and any costs (including costs associated with the proper removal of hazardous or solid wastes) associated with such removal shall be the responsibility of the utility facility owner.

(l) The utility, at its sole expense, shall maintain in a satisfactory condition, the installations and structures occupying the highway right-of-way. Maintenance work, except in emergency situations, may not be conducted from within access control limits of controlled-access highways.

(m) Where the state's right-of-way is by easement for highway purposes only, utility occupancy may be subject to approval by the owner of the underlying fee interest. The utility company is encouraged to determine whether it is in its best interest to obtain such approval prior to installing its facilities.

(n) New utility facility installations, including those needed for highway purposes, will not be permitted within scenic strips, overlooks, rest areas, recreation areas, the rights-of-way of highways adjacent thereto, the rights-of-way of highways which pass through historic sites and public parks, archaeological sites that have been determined eligible for listing on the national register of historic places, a wetland protected by Executive Order 11990, or any other environmentally sensitive area, except as follows:

(i) New underground utility facilities may be permitted within such areas where they do not require extensive removal of, or damage to, trees visible to the highway user, or impair the appearance of the area.

(ii) New aerial installations are to be avoided at such locations unless there is no feasible and prudent alternative to the use of such lands by the aerial facility and it is demonstrated that:

(A) Alternate locations for the utility facilities are not available or are extremely difficult and unreasonably costly, or are less desirable from the standpoint of scenic appearance.

(B) Underground installations are not technically or economically feasible, or are more detrimental to the scenic appearance of the area.

(C) The proposed utility installation will be made at a location and in a manner that will not significantly detract from the area, and will employ suitable designs and materials which the greatest weight to visual quality.

(iii) Situations involving unusual hardship or other extenuating circumstances within scenic and public use areas will be considered.

(iv) If avoidance of such areas is not feasible, and the applicant demonstrates to the satisfaction of the department that mitigation of any adverse impacts is possible and preferable to complete avoidance, then the department may allow the applicant to occupy such areas provided such mitigation measures are taken.

(o) The installation of utility facilities or conduits on the right-of-way of federal-aid or direct federal highway projects for the purpose of draining adjacent wetlands onto the highway right-of-way is inconsistent with Executive Order 11990, Protection of Wetlands, dated May 24, 1977, and shall not be permitted. The filling, dredging or draining of wetlands located on highway right-of-way shall not be allowed unless in compliance by all federal and state laws and regulations.

(p) The utility company shall comply with the Montana Environmental Policy Act, 75-1-101, et seq., MCA; the Threatened and Endangered Species Act, 16 USC 1531, et seq.; the Migratory Bird Treaty Act, 16 USC 701, et seq.; the Bald and Golden Eagle Protection Act, 16 USC 668, et seq.; and all other applicable environmental laws, regulations or provisions.

(q) Whenever a utility installation, adjustment, or maintenance activity will affect the movement of traffic or traffic safety, the utility shall implement a traffic control plan and use traffic control devices as necessary to ensure safe and expeditious movement of traffic around the work site and the safety of the utility work force. The traffic control plan and the application of traffic control devices shall conform to the standards set forth in the Manual on Uniform Traffic Control Devices (MUTCD) , and 23 CFR 655, subpart F. No road closure shall occur without prior approval from the district engineer. In all cases, it is necessary that utility work be undertaken in a manner that will minimize interference with the traveling public.

History

Authorizing statute(s): 60-3-101, 60-4-402, MCA
Implementing statute(s): 60-3-101, 60-4-402, MCA
History: Eff. 12/31/72; AMD, 1995 MAR p. 1043, Eff. 5/12/95; AMD, 2024 MAR p. 1880, Eff. 7/27/24.

Subchapter 18.7.4 Right-of-Way Camping and Property Storage

Mont. Admin. R. 18.7.401 Definitions

(1) “Apparent utility” means items used to meet basic human needs or something that could be useful to a person, like a tent, blanket, or jacket, as long as it still works for its intended use.

(2) “Enforcement action” means the authorized cleanup of a campsite or property stored in the state highway right-of-way, pursuant to 60-6-203, MCA.

(3) “Enforcement site” means the location where the cleanup happens.

(4) “Overnight camping” does not include commercial truck drivers who must stop for required breaks or because their official permit allows it.

History

Authorizing statute(s): 60-6-204, MCA
Implementing statute(s): 60-6-201, MCA
History: NEW, 2025 MAR, Notice No. 2025-172, Eff. 12/20/25.

Mont. Admin. R. 18.7.402 Cleanup Notices

(1) Before removing campsites or people’s items, the department must post notice(s).

(2) The notice(s) shall be posted:

(a) at the camp or storage site in an easily seen location;

(b) at other nearby public places like the courthouse, local shelter, food bank, or other areas where unhoused people may gather.

(3) If the site has overnight camping, the notice shall be posted at least three days (72 hours) before cleanup. If only property is located there, the notice shall be posted at least five days (120 hours) before cleanup.

(4) The notice shall be protected from weather damage by a plastic sleeve or other covering.

(5) The notice will include:

(a) the scheduled cleanup date;

(b) the location;

(d) where people’s items will be after cleanup.

(6) The department will document the date and location of posted notices.

(7) Notices will stay up for at least 30 days after the cleanup.

History

Authorizing statute(s): 60-6-204, MCA
Implementing statute(s): 60-6-202, 60-6-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-172, Eff. 12/20/25.

Mont. Admin. R. 18.7.403 Cleanup Process

(1) The department will record the cleanup by photos or video before, during, and after it happens.

(2) If someone returns to the site during the cleanup, they can take their things as long as it is safe to themselves and other people.

History

Authorizing statute(s): 60-6-204, MCA
Implementing statute(s): 60-6-202, 60-6-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-172, Eff. 12/20/25.

Mont. Admin. R. 18.7.404 Storage and Disposal of Personal Property

(1) After cleanup, the department will make a reasonable effort to find items such as those listed below and give them to local police:

(a) ID cards and legal and medical papers;

(b) prescription medicine and medical devices;

(d) stolen or illegal items.

(2) After cleanup, the department will make a reasonable effort to keep some types of items safe at a local storage yard for 30 days before throwing them away, such as:

(a) useful items, like tents, blankets, clothes, or working tools;

(b) items that appear to have personal value, such as photographs, letters, or cards.

(3) After cleanup, items that the department may throw away include:

(a) unsafe items, including those with human or animal waste, pests or mold, explosives, or drug paraphernalia;

(b) items likely to become unsafe while in storage, such as food or things that may mold;

(d) garbage or trash.

(4) While storing items, the department shall provide reasonable protection from theft and the weather.

(5) Neither the department nor law enforcement is responsible for lost or stolen items during this process unless the loss is a result of their failure to follow these rules.

History

Authorizing statute(s): 60-6-204, MCA
Implementing statute(s): 60-6-202, 60-6-203, MCA
History: NEW, 2025 MAR, Notice No. 2025-172, Eff. 12/20/25.

Chapter 18.8 Motor Carrier Services Division

Subchapter 18.8.1 General Definitions

Mont. Admin. R. 18.8.101 Definitions

The following definitions shall apply throughout this chapter.

(1) "Calendar quarter" means a period of three consecutive months ending March 31, June 30, September 30, or December 31.

(2) "Commercial use" means vehicles registered to a business, company, co-op, or corporation which are used in these businesses or a vehicle used in commerce.

(3) "Daylight hours" means one-half hour before sunrise to one-half hour after sunset as defined by the United States Naval Observatory for the area being travelled in Montana.

(4) "Department" means the Montana Department of Transportation.

(5) "Financial stationery permits" means a hand-written special permit issued on preprinted, four-part, consecutively numbered forms approved by the department.

(6) "Holiday weekend" means a period of consecutive calendar days adjacent to a holiday, during which travel is prohibited. Holiday weekend time periods include:

(a) a holiday which falls on a Friday or Saturday, prohibiting travel on Friday, Saturday, or Sunday;

(b) a holiday which falls on a Sunday or Monday, prohibiting travel on Saturday, Sunday, or Monday;

(d) the Thanksgiving holiday, prohibiting travel on Thursday, Friday, Saturday, and Sunday.

(7) "Holidays" means New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

(8) "Mobile or manufactured home" is defined in 61-1-101, MCA, and has the additional meaning in this chapter as any building hauled on a frame or with multiple single tire axles or multiple permanently mounted single tire axles. A load transported on a flatbed trailer is not considered a mobile or manufactured home.

(9) "Multiple trips" means travelling by a weighing location more than once on either a daily, weekly, or monthly basis as approved by the department.

(10) "Overhang" means the part of a load which extends beyond the rear of a vehicle. Rear overhang is measured from the end of the vehicle or underride protection device. Overhang is also defined for a load of raw logs under 61-10-104, MCA.

(11) "Permittee" means the person or entity to which a special permit has been issued.

(12) "Personal use" means a vehicle registered to a private individual for noncommercial use.

(13) "Quarter" means a period of any three consecutive months.

(14) "Regular route" means the scheduled transportation of passengers between designated points, over designated routes, and under time schedules that provide a regularity of service.

(15) "Route analysis" means a route-specific study conducted by the department in connection with an application for an overweight permit of an overweight vehicle configuration to determine the conditions of approval for an application to move overweight vehicles or loads upon a specific route.

(16) "School bus" has the definition set forth in 20-10-101, MCA.

(17) "Special permit" means a written or electronic document which may be issued for width, height, length, or weight in excess of the statutory limits, or a combination of these. A special permit shall be issued for a nonreducible load only, except when otherwise expressly set forth in this chapter. The duration of a special permit may be either a single trip or a term permit.

(18) "Super-load" means an oversize load exceeding dimensions of 18 feet wide, 150 feet long, and 17 feet high, and/or with weights requiring Department Bridge Bureau approval.

(19) "Vehicle weight analysis" or "weight analysis" means a study conducted by the department for an overweight vehicle configuration to determine the conditions of travel for the movement of overweight vehicles or loads.

History

Authorizing statute(s): 61-3-710, 61-10-141, 61-10-155, MCA
Implementing statute(s): 61-3-708, 61-3-709, 61-10-107, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-141, 61-10-201, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1998 MAR p. 170, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2019 MAR p. 1632, Eff. 9/21/19; AMD, 2020 MAR p. 1626, Eff. 8/29/20; AMD, 2022 MAR p. 1832, Eff. 9/24/22.

Subchapter 18.8.2 Proportional Registration

Mont. Admin. R. 18.8.202 Motor Carriers Operating Interstate

(1) Motor carriers operating interstate or both interstate and intrastate need only apply to the Montana Department of Transportation for their registration credentials. Interstate registration credentials will also be honored for intrastate operations.

(2) Fees are established by the Unified Carrier Registration (UCR) Board of Directors. All fees must be paid before a company will be able to register through the International Registration Plan (IRP) or International Fuel Tax Agreement (IFTA). Both IRP and IFTA are programs for interstate operations.

(3) By reference, the department adopts the rules established by the UCR Board in accordance with 49 USC 14504a, a copy of which may be found at the offices of the Montana Department of Transportation, Motor Carrier Services Division, 2701 Prospect, P.O. Box 4639, Helena, MT 59620-4639.

(4) By reference, the department adopts the rules of the Federal Motor Carriers Safety Administration codified as Title 49, Subtitle B, Chapter III, of the Code of Federal Regulations (2011), a copy of which may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

(5) The Motor Carrier Services Division shall identify, collect, and maintain the USDOT number and Taxpayer Identification Number (TIN) for the registrant and motor carrier that is responsible for the safe operation of each vehicle being registered as required by the Performance and Registration Information System Management (PRISM) established at 49 CFR §390.19. The Motor Carrier Identification Report (form MCS-150) information which identifies the carrier responsible for safety shall be updated if the last update is more than one year prior to the first day of the registration period.

(a) Motor Carrier Services Division shall issue a suspension notice for all vehicles assigned to a motor carrier which have been prohibited by a federal agency from conducting interstate operations. This suspension will remain in effect for those vehicles despite carrier name changes or USDOT number changes until the carrier responsible for the safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA) which determination shall be made by the FMCSA.

(b) Motor Carrier Services Division shall determine the safety rating of a motor carrier prior to any registration or permitting. If it is determined the carrier has an unfit or unsatisfactory safety rating, as defined by federal procedures, or a federal out-of-service order has been issued, the registrations or permitting will be denied, suspended, or revoked until the carrier responsible for safety of the motor vehicle has come into compliance with the Federal Motor Carrier Safety Administration Act (FMCSA), which determination shall be made by the FMCSA.

(c) Any carrier responsible for the safety of a vehicle, which was not identified as holding an unfit safety rating until after a registration had been issued, is subject to credential revocation and registration and license plates confiscation by any authorized enforcement personnel.

History

Authorizing statute(s): 61-3-710, 61-10-155, MCA
Implementing statute(s): 61-3-708, 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, MCA
History: NEW, 1995 MAR p. 1416, Eff. 7/28/95; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2014 MAR p. 2012, Eff. 9/5/14; AMD, 2024 MAR p. 1455, Eff. 6/22/24.

Mont. Admin. R. 18.8.204 Fleet Transfers

(1) Motor carriers with multiple fleets of vehicles may transfer vehicles owned by that carrier from one fleet to another fleet only one time each calendar year.

(2) Gross vehicle weight fees are not transferable but will be credited to the fleet from which the vehicles were transferred. Gross vehicle weight fees will be assessed in the fleet into which the vehicles have been transferred.

(3) All registration fees must be repaid on vehicles transferred into the new fleet.

History

Authorizing statute(s): 61-3-716, MCA
Implementing statute(s): 61-3-721, 61-3-725, MCA
History: NEW, 1995 MAR p. 2422, Eff. 1/1/96; AMD, 2004 MAR p. 2392, Eff. 10/8/04.

Mont. Admin. R. 18.8.205 Change of Registration Period

(1) Motor carriers with multiple fleets of vehicles may change the annual registration period for a fleet, upon request of the owner, to the same registration period of one or more of the owner's other fleets.

(2) The change of registration period for a fleet must be done during the renewal period assigned to the fleet before transfer.

(3) Gross vehicle weight fees will be prorated to the end of the new registration period.

(4) The annual registration period begins on the first day of a calendar quarter. As used in this subsection, "calendar quarter" means a period of three consecutive months which end on March 31, June 30, September 30, or December 31.

History

Authorizing statute(s): 61-3-716, MCA
Implementing statute(s): 61-3-716, 61-3-721, MCA
History: NEW, 1995 MAR p. 2422, Eff. 1/1/96; AMD, 2004 MAR p. 2392, Eff. 10/8/04.

Mont. Admin. R. 18.8.206 Grace Period

(1) Grace periods do not apply to vehicles licensed under 61-3-711 through 61-3-717 and 61-3-721 through 61-3-733 , MCA. Vehicle registrations must be renewed on or before the last day of the month for the designated annual registration period.

History

Authorizing statute(s): 61-3-716, MCA
Implementing statute(s): 61-3-721, MCA
History: NEW, 1995 MAR p. 2422, Eff. 1/1/96.

Mont. Admin. R. 18.8.207 Payment of Fees

(1) Full registration fees for motor vehicles subject to staggered registration through the International Registration Plan (IRP) must be remitted at the time of registration. Fees may not be remitted quarterly, semi-annually or monthly.

(2) Full registration fees for semi-trailers and trailers subject to permanent registration through the IRP must be remitted at the time of registration.

(3) Semi-trailers and trailers may be registered through the IRP only if they are used in an interstate operation and the registered owner has one or more motor vehicles registered through the IRP.

(4) For purposes of this rule, the definitions of motor vehicle, semi-trailer and trailer are the same as the definitions in 61-1-101, MCA.

(5) After issuance of a temporary authority registration (TA), a vehicle is authorized to operate while the annual registration credentials are being processed. All registration fees become due upon issuance of a temporary registration.

History

Authorizing statute(s): 61-3-710, 61-3-716, MCA
Implementing statute(s): 61-3-721, 61-3-729, MCA
History: NEW, 1995 MAR p. 2422, Eff. 1/1/96; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Subchapter 18.8.3 Reciprocity

Mont. Admin. R. 18.8.301 General Reciprocity Information

(1) Vehicles registered in other states and provinces may be granted reciprocity on certain license requirements and fees. Specific information for each jurisdiction is available by contacting the Motor Carrier Services Division, Box 4639, Helena, Montana 59604, (406) 444-6130, voice, or (406) 444-7696, TDD (2701 Prospect Avenue.)

History

Authorizing statute(s): 61-3-716, MCA
Implementing statute(s): 61-3-711 through 61-3-733, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 639, Eff. 2/29/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94.

Mont. Admin. R. 18.8.304 Vehicles Owned by Governmental Agencies

(1) All government vehicles leased to commercial enterprises must license in Montana or purchase trip permits for interstate travel.

History

Authorizing statute(s): 61-3-716, MCA
Implementing statute(s): 61-3-711 through 61-3-733, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 639, Eff. 2/29/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1996 MAR p. 1971, Eff. 7/19/96.

Mont. Admin. R. 18.8.306 Fuel, Size, Weight, Safety, and Cargo Hauling Authority Requirements

(1) The reciprocity granted does not excuse or relieve any owner or operator of any vehicle granted reciprocity from complying with all fuel laws, driver and vehicle safety requirements, all commercial carrier laws and regulations, and all the size and weight provisions of sections 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-111, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-148, and 61-10-154, MCA.

History

Authorizing statute(s): 61-3-716, 61-10-154, 61-10-155, MCA
Implementing statute(s): 61-3-711, 61-3-712, 61-3-713, 61-3-714, 61-3-715, 61-3-716, 61-3-717, 61-3-718, 61-3-719, 61-3-720, 61-3-721, 61-3-722, 61-3-723, 61-3-724, 61-3-725, 61-3-726, 61-3-727, 61-3-728, 61-3-729, 61-3-730, 61-3-731, 61-3-732, 61-3-733, 61-10-124, 61-10-154, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 639, Eff. 2/29/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Subchapter 18.8.4 Gross Vehicle Weight Fees

Mont. Admin. R. 18.8.408 Tow Cars/Wreckers

(1) G.V.W. fees paid on tow cars/wreckers as defined in 61-8-905, MCA, shall be the 100% G.V.W. fee as shown in 61-10-201, MCA, schedule I.

(2) The fees shall be paid on the maximum gross loaded weight of the towing vehicle only. The maximum gross loaded weight shall be determined by the owner.

(3) All tow cars/wreckers are to display truck registration plates.

(4) Dealer plates are not valid on tow cars/wreckers.

History

Authorizing statute(s): 61-10-201, 61-10-155, MCA
Implementing statute(s): 61-10-201, MCA
History: Eff. 12/31/72; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2014 MAR p. 2012, Eff. 9/5/14.

Mont. Admin. R. 18.8.412 Self-Propelled Motor Homes

(1) Motor homes used as recreational vehicles may be licensed as passenger cars and when so licensed are not subject to G.V.W. fees.

(2) Motor homes used as commercial motor vehicles must be licensed as a truck and pay G.V.W. fees.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-201, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Mont. Admin. R. 18.8.414 Increase in Weight and/or Change of Classification

(1) The operator will be entitled to credit for fees already paid when an increase in weight and/or change of classification is made on an intrastate registration. No credit will be given on Interstate Registration Plan (IRP) weight increases unless done through the Helena Motor Carrier Services office on the operator's IRP account.

(2) When changing from a more costly gross weight fee classification or weight classification to a less expensive classification no refund shall be given.

(3) Within the same classification, increased gross vehicle weight may be purchased by paying the additional required fees.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-201, 61-10-209, 61-10-233, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 1184, Eff. 7/12/13.

Mont. Admin. R. 18.8.415 Monthly - Quarterly G.v.w. Fees

(1) The quarter fee shall be one fourth of the fee set forth in 61-10-201, MCA, if the gross weight exceeds 24,000 pounds. For purposes of (1) through (4), a quarter shall be any consecutive three-month period.

(2) Any combination of consecutive monthly fees shall be issued on one receipt and only one $5.00 additional fee shall be charged. Payment of gross weight fees for nonconsecutive months requires a separate receipt for each month and the payment of the $5.00 additional fee for each receipt.

(3) Upon expiration of gross weight fees purchased for three or more consecutive months, the owner or operator of the vehicle must within ten calendar days or seven business days, whichever is greater, pay the required fee for at least one additional month before the vehicle may be operated on public highways. No grace period is granted to owners of vehicles when gross weight fees are purchased for a one-month period, two-month period, or any combination of nonconsecutive months.

(4) The $5.00 additional fee is not collected when an Owner's Certification of Registration and Tax Receipt is issued or a Registration Purposes Only Receipt (R.P.O.) is issued (T, TR, R.P.O.).

(5) Fees paid on an annual basis will be granted a grace period equal to the Montana Vehicle Registration.

(6) The G.V.W. fee receipt will state the issue date, effective date, and expiration date. The receipt is valid for the time period between the effective date and the expiration date, inclusive of any applicable grace period.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, 61-10-209, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p.1350, Eff. 7/13/12; AMD, 2024 MAR p. 1455, Eff. 6/22/24.

Mont. Admin. R. 18.8.420 G.v.w. Validating Identification

(1) Each truck, truck tractor (or nonresident paying a G.V.W. fee only) will be issued a G.V.W. receipt showing the expiration of the G.V.W. fees paid. The receipt will consist of a Montana Vehicle Registration, G.V.W. Form 3, or a computer-generated G.V.W. fee receipt.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-209, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1075, Eff. 3/28/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2004, MAR p. 2392, Eff. 10/08/04; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Mont. Admin. R. 18.8.422 Temporary Trip Permits

(1) The time limit on all temporary trip permits shall be 72 hours. For extension of temporary trip permits, see additional information in this rule.

(2) Vehicles used by displays or exhibitions (including circuses and carnivals) may be permitted to cover the period of their schedule for a single trip through the state. The last date the vehicle is to be in Montana is shown as the expiration date on all temporary trip permits issued to displays, exhibitions, carnivals, and circuses. Maximum permit fees must be paid.

(3) A trip shall be the total number of miles traveled in Montana on public highways, roads and streets by each vehicle.

(4) Each single vehicle or each vehicle in a combination with a gross weight of over 6,000 pounds requires a temporary trip permit if one or more of the following conditions apply:

(a) vehicles titled or domiciled in a state not having a reciprocal agreement with the state of Montana;

(b) nonreciprocal dealer plates;

(d) house trailers being transported for sale or resale by use of nonreciprocal dealers plates;

(e) nonreciprocal transit plates or reciprocal transit plates displayed on vehicles operated by a carrier whose base state of operation does not have a reciprocal agreement with Montana;

(f) nonresident vehicles traveling with incorrect G.V.W. registration or licenses;

(g) all nonresident trucks or trailers not carrying appropriate registration identification showing state of domicile, including interstate fleet vehicles not licensed by agreements;

(h) all nonresident vehicles a part of an interstate fleet not licensed as required by agreements, including vehicles without proper papers;

(i) all nonresident vehicles hauling loads in excess of license of state of domicile;

(j) any nonresident vehicles not currently licensed in any jurisdiction; or

(k) all government vehicles leased by commercial enterprises;

(5) Exceptions are:

(a) nonresident interstate vehicles properly licensed from states with which Montana has reciprocity on gross weight fees;

(b) nonresident house trailers towed for personal use through Montana properly licensed in another state, the principal use of which is living quarters;

(d) Montana temporary trip permits shall not be issued to resident vehicles;

(e) trailers drawn by trucks or tractors licensed under Schedule I fees are not subject to trip permits if currently licensed and the registration receipt accompanies the vehicle;

(f) two axle vehicles not exceeding 26,000 pounds licensed in an international registration plan jurisdiction unless required by a reciprocal agreement;

(g) vehicle or combination of vehicles not exceeding 26,000 pounds gross vehicle weight licensed in an IRP jurisdiction unless required by a reciprocal agreement; or

(h) government vehicles operated by government personnel.

(6) Nonresident vehicles licensed with a temporary trip permit may perform an intrastate movement.

(7) The Department of Transportation, Motor Carrier Services Division may authorize an extension of a trip permit up to 15 days for the following reasons:

(a) a delay due to mechanical breakdown;

(b) hazardous conditions;

(d) when a weekend or holiday prevents unloading or loading of the vehicle, for the period of the weekend or the holiday.

(8) The Department of Transportation may designate agents to sell temporary trip permits.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-124, 61-10-211, 61-10-212, 61-10-213, 61-10-214, MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 699, Eff. 4/16/82; AMD, 1988 MAR. p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Mont. Admin. R. 18.8.426 Custom Combines

(1) Operators of custom combines are issued special permits to cover registration, gross vehicle weight fees, overwidth, overlength and overheight, and fuel requirements.

(2) Combines owned and operated by a farmer, used on the farmer's own lands and incidentally moved over the highways from a field owned or leased by the farmer to another field also owned or leased by the same farmer, or to a point for service or returned from service, are not subject to license or gross weight fees.

(3) Combines operated by implement dealers being delivered to a farmer or rancher, or moved from a farm or ranch to a dealer's place of business, or moved from dealer to dealer, are not subject to license of any kind.

(4) Custom combine permits include height up to and including 15 feet 6 inches and width up to and including 15 feet, and length up to and including 95 feet.

(5) Combine headers carried on a trailer may be hauled side by side, however the width may not exceed 12 feet.

(6) A custom combine permit may be operated within 100 air mile radius from the harvested field to the point of first unloading.

(7) The oversize portion of custom combine permits is not valid for operations other than those specific to custom combines.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, 61-10-214, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1077, Eff. 3/28/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.428 Fertilizer Vehicles

(1) Fertilizer vehicles used exclusively by a farmer in his own farming operation are considered implements of husbandry.

(2) Vehicles capable of hauling other commodities are not considered fertilizer spreaders and must pay the appropriate G.V.W. fees.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-1-104, 61-3-431, 61-10-201, 61-10-206, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1078, Eff. 3/28/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96.

Mont. Admin. R. 18.8.429 Display of Monthly or Quarterly G.v.w. Fee Receipts

(1) Upon application and payment of the applicable gross vehicle weight fees for a one-month or three-month period for vehicles subject to the provisions of 61-10-209 , MCA, the department shall issue a receipt which shows the months for which the vehicle is licensed for gross vehicle weight.

(2) The receipt shall be carried in the vehicle for which it was issued at all times while the vehicle is operated in Montana.

(3) The receipt shall be displayed upon demand for inspection by any peace officer, officer of the Highway Patrol or employee of the department.

(4) A violation of this rule is punishable under 61-10-232 , MCA.

History

Authorizing statute(s): 61-10-155, 61-10-209, MCA
Implementing statute(s): 61-10-209, MCA
History: NEW, 1987 MAR p. 1483, Eff. 8/28/87; AMD, 1994 MAR p. 1148, Eff. 4/29/94.

Mont. Admin. R. 18.8.431 Maximum Allowable Weight

(1) The maximum allowable gross weight for vehicle combinations hauling divisible loads is 131,060 pounds. Vehicles and vehicle combinations hauling divisible loads must comply with the federal bridge formula found in 61-10-107, MCA, unless otherwise provided for in statute, federal regulations or department rules.

(2) Maximum allowable weights allowed for vehicle combinations hauling divisible loads on highways cannot exceed a gross vehicle weight and single or tandem weights as described in 23 CFR 658, Appendix C, April 1, 2015 edition.

(3) The maximum allowable gross weight for vehicle combinations hauling divisible loads on the federal interstate system and operating under the provisions of 23 CFR 658, Appendix C, April 1, 2015 edition, or operating under 61-10-107(1)(b), MCA, on non-interstate highways is:

(a) maximum single-axle limit: 20,000 pounds

(b) maximum tandem-axle limit: 37,500 pounds

(i) axles spaced from 94" to less than 118": 46,3000 pounds

(ii) axles spaced from 118" to less than 141": 50,7000 pounds

(iii) axles spaced from 141" to 146": 52,900 pounds

(d) maximum gross weight:

(i) A-Train: 118,000 pounds

(ii) B-Train (eight axle): 137,800 pounds

(iii) B-Train (seven axle): 124,600 pounds

(4) For vehicles being operated under the Montana/ Alberta MOU, operations must have paid gross vehicle weight fees for the total weight being carried.

(5) Permits may be issued for the weights in 23 CFR 658, Appendix C, April 1, 2015 edition, for the same permit types and under the same fee schedule provided in 61-10-125, MCA and ARM Title 18, chapter 8, subchapter 6.

(6) The maximum allowable weight for a mobile home for licensing purposes is the bridge formula in 61-10-107, MCA. A mobile home with any additional weight must obtain an excess axle weight permit as per 61-10-125, MCA.

(7) Copies of the CFR regulations may be obtained at www.gpo.gov .

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-107, 61-10-108, 61-10-121, 61-10-125, MCA
History: NEW, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2016 MAR p. 312, Eff. 2/20/16; AMD, 2019 MAR p. 1632, Eff. 9/21/19; AMD, 2022 MAR p. 1072, Eff. 6/25/22.

Subchapter 18.8.5 Overdimensional Permit Requirements

Mont. Admin. R. 18.8.504 Duration of Permit

(1) The duration of a single trip special permit is the length of time for the specified move as indicated by the effective date and the expiration date shown on the permit. A single trip special permit may be issued if any of the following conditions apply:

(a) the powered vehicle is operating on a Montana temporary trip permit;

(b) the applicant requests a single trip permit;

(2) Term permits issued on financial stationery or computer generated permits are valid from January 1 through December 31. Term permits issued on the apportioned registration (cab card) to Montana based vehicles licensed under the IRP, expire with the registration and are valid only for a long combination vehicle but not a triples or 100 foot doubles combination as defined in statute. Term permits issued under regional permit agreements are valid for a maximum of one year and expire on a date determined by the rules of the agreement. A term permit may only be issued to a power unit which is properly licensed with Montana.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/74; AMD, Eff. 11/4/74; AMD, 1979 MAR p. 322, Eff. 4/2/79; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06.

Mont. Admin. R. 18.8.508 Online Permitting

(1) Upon payment of fees, trip, term, or GVW self-issued permits may be obtained by utilizing the department's online permitting system, located at http://www.mdt.gov/business/mcs/ . Permits may be issued for excess width, height, weight, and length provided the dimensions or weights do not require special approval or a route analysis.

(2) Failure to provide accurate information may result in permit confiscation or suspension of online permitting privileges.

(3) Any questions concerning the department's online permitting system must be directed to the Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604-4639, (406) 444-6130.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/74; AMD, Eff. 11/4/74; AMD, 1979 MAR p. 322, Eff. 4/2/79; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.509 Special Permit Restrictions – Super-Load Permit

(1) Unless otherwise provided for in statute or in these rules, permits issued under 61-10-121 through 61-10-125, MCA, have the following requirements.

(2) Alteration of any word or figure on the face of a permit will void the permit immediately and it will be subject to confiscation by the inspecting officer.

(3) A permit is not transferable upon change of ownership of a vehicle. If the owner of the vehicle for which a current permit has been issued replaces the vehicle, the department may transfer the permit to the new vehicle.

(4) A legible copy of a printed or electronic permit must be carried in the assigned vehicle.

(5) Resident implement dealers operating under a special permit in accordance with 61-10-121(1)(b), MCA may have dimensions on an as-needed basis.

(6) No travel is allowed when a route has been placed under severe driving conditions as determined by the department.

(7) The carrier shall be liable for any damages to property caused by the permittee. Failure to correct damage to department property may result in revocation of permit privileges. Repairs not completed within a reasonable timeframe may be repaired by the department and costs billed to the permittee.

(8) Unless otherwise specified in statute or rule, the following travel restrictions apply to vehicles operating under special permits:

(a) Interstate highways – travel is allowed 24 hours per day, 7 days per week, including holidays and holiday weekends, up to 18 feet wide, and for travel to and from essential services within one-half mile of the interstate highway.

(b) Non-interstate highways – travel is allowed 24 hours per day, 7 days per week, including holidays and holiday weekends, up to 10 feet wide, 150 feet long, or 15 feet 6 inches high.

(i) Loads exceeding 10 feet wide, 150 feet long, and/or 15 feet 6 inches high may only travel during daylight hours, including on a holiday or holiday weekend.

(ii) No travel is allowed on a holiday or holiday weekend for loads exceeding 12 feet 6 inches wide, 150 feet long, and/or 15 feet 6 inches high.

(c) Snow removal equipment – snow removal equipment up to 18 feet wide may travel 24 hours per day, 7 days per week, on all highways while engaged in snow removal operations.

(i) Snow removal equipment operating under ARM 18.8.509A is not subject to pilot vehicle requirements under ARM 18.8.511A or oversize load sign requirements under ARM 18.8.510B(1)(a).

(d) When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

(9) Mobile home towing unit specific requirements include:

(a) A mobile home towing unit (toter) must be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA and have a wheelbase a minimum of 100 inches.

(b) When a manufactured home, double wide mobile home, modular home, or modular building has been assembled, the department may allow the building to be moved as one unit, with house-moving equipment, as a building, under a special permit.

(10) At the discretion of the MCS administrator or designee, any restricted travel may be waived.

(11) Loads which exceed 18 feet in width, 150 feet in length, 17 feet in height, or which require approval by the department's Bridge Bureau due to the weight, truck configuration, and/or route must apply for a super-load permit. The department may impose conditions on the issuance of a complete super-load permit, including, but not limited to, requiring the permittee to:

(a) obtain approval from local governments;

(b) obtain all necessary permits;

(d) obtain insurance as required by ARM 18.8.801;

(e) submit a travel plan and/or route survey;

(f) provide notice to the traveling public of the movement of loads;

(g) limit travel to specific days and/or hours;

(h) refrain from traveling during inclement weather conditions; and

(i) provide adequate traffic control personnel, equipment, and devices.

(12) Loads exceeding 18 feet wide up to 34 feet wide, 17 feet high up to 24 feet high, and/or 150 feet long up to 200 feet long, must obtain the appropriate department district administrator or designee approval of a completed super-load permit application. The department's decision on a complete super-load application for these dimensions must be issued within two working days of a properly completed application submittal.

(13) Loads exceeding 34 feet wide, 24 feet high, and/or 200 feet long must obtain the appropriate department district administrator or designee approval of the super-load permit application. The department's decision on a super-load application for these dimensions must be issued within five working days of a properly completed application submittal.

History

Authorizing statute(s): 61-10-129, 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/74; AMD, Eff. 11/4/74; AMD, 1979 MAR p. 322, Eff. 4/2/79; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1991 MAR p. 2219, Eff. 11/15/91; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1997 MAR p. 546, Eff. 3/25/97; AMD, 1998 MAR p. 171, Eff. 1/16/98; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2020 MAR p. 1626, Eff. 8/29/20; AMD, 2023 MAR p. 1406, Eff. 10/21/23.

Mont. Admin. R. 18.8.509A EMERGENCY TRAVEL AND EMERGENCY VEHICLES

18.8.509A EMERGENCY TRAVEL AND EMERGENCY VEHICLES

(1) At its discretion, the department may issue permits for emergency travel.

(2) The party requesting the emergency move shall contact the Department of Transportation, M.C.S. Division, for authorization of the emergency move.

(3) Emergency travel may be granted under the following conditions:

(a) acts of nature;

(b) derailments;

(4) The Department of Transportation may require safety devices, flag vehicle requirements, and routes of travel.

(5) A special permit shall be required when performing an emergency move.

(6) The Motor Carrier Services Division administrator or designee may exempt the following vehicles from restricted hours of operation in an emergency situation:

(a) government vehicles; and

(b) private sector vehicles providing the same services as government vehicles.

(7) Emergency vehicles traveling at night must be equipped with lights the full width and length of the vehicle and load which are visible for not less than 500 feet under normal atmospheric conditions at night.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2014 MAR p. 2012, Eff. 9/5/14.

Mont. Admin. R. 18.8.510A REGULATIONS AND EQUIPMENT FOR PILOT VEHICLES

18.8.510A REGULATIONS AND EQUIPMENT FOR PILOT VEHICLES

(1) A pilot vehicle may be any passenger car or two-axle truck a minimum of 60 inches wide. The maximum manufacturer's rating for the pilot vehicle shall not exceed a gross vehicle weight rating of 14,000 pounds. Service or mechanic trucks owned or contracted by the permittee and used as a pilot vehicle shall not exceed a gross vehicle weight rating of 26,001 pounds. A pilot vehicle may not exceed legal limits of size and weight. Trucks used as pilot vehicles shall be clearly distinguished from and identifiable as the escort vehicle. A pilot vehicle may pull a trailer or carry any item or equipment which:

(a) is within legal limits of size and weight;

(b) allows an unobstructed view of the flashing lights and signs used by the pilot vehicle;

(d) possesses current registration and valid insurance.

(2) Service or mechanic trucks used as a pilot vehicle must not have a utility box which extends above the cab more than 12 inches or beyond the width of the cab more than 6 inches on either side.

(3) A sign with the words "oversize load" or similar wording shall be visible from the front of the vehicle and rear of the vehicle at all times when piloting an oversize load. Letters shall not be less than 8 inches in height. The letters shall be black in color on a yellow colored background with the exception of digital signs. When not being operated as a pilot vehicle, signs must be removed.

(4) Flashing amber lights, visible 360 degrees, shall be mounted at each end of a sign with the words "oversize load" or similar wording, on the roof of the pilot vehicle. A revolving or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when piloting an oversize load.

(5) All pilot vehicles shall be equipped with two-way communication.

(6) Pilot vehicles must remain within 1,000 feet of the permitted vehicle or load.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-102, 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1991 MAR p. 2219, Eff. 11/15/91; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 839, Eff. 5/24/13; AMD, 2016 MAR p. 312, Eff. 2/20/16; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.510B OVERSIZE LOAD SIGNS

18.8.510B OVERSIZE LOAD SIGNS

(1) Vehicles exceeding 10 feet in width must:

(a) Display a sign with the words "OVERSIZE LOAD" or similar wording which must be mounted at any visible height on the front and rear of the load. Letters shall not be less than 8 inches in height. The letters shall be black in color on a yellow colored background with the exception of digital signs.

(b) On the power unit, flashing amber lights, a minimum of five inches in diameter, 50 candlepower, 60 to 90 flashes per minute, shall be mounted at each end of the oversize load sign and visible 360 degrees. A single revolving light or strobe light may be substituted for flashing lights. Lights shall be flashing at all times when moving an oversize vehicle or load.

(2) Pilot vehicles may be required under ARM 18.8.511A in lieu of "oversize load" signs and flashing lights.

(3) Towing vehicles must be equipped with two-way radio communications if pilot vehicles are required under ARM 18.8.511A.

(4) Oversize load signs must be removed from the vehicle upon completion of the highway movement which necessitated the signs.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1990 MAR p. 591, Eff. 3/30/90; AMD, 1991 MAR p. 2219, Eff. 11/15/91; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.511A WHEN PILOT VEHICLES ARE REQUIRED

18.8.511A WHEN PILOT VEHICLES ARE REQUIRED

(1) Unless otherwise specified in statute, rule, or the terms of the special permit issued to the permittee, pilot vehicles are required if one or more of the following conditions apply:

(a) Non-Interstate highways:

(i) Width – loads exceeding 12 feet 6 inches to 16 feet 6 inches must have one front pilot vehicle; width over 16 feet 6 inches, one rear pilot vehicle;

(ii) Width – loads exceeding 16 feet 6 inches to 18 feet must have one front and one rear pilot vehicle;

(iii) Width – loads exceeding 18 feet to 24 feet must have at least two front and one rear pilot vehicles;

(iv) Width – loads exceeding 24 feet must have at least two front and two rear pilot vehicles;

(v) Length – loads exceeding 150 feet must have one rear pilot vehicle;

(vi) Length – loads exceeding 200 feet must have one front and one rear pilot vehicle.

(b) Interstate highways:

(i) Width – loads exceeding 16 feet 6 inches to 18 feet must have one rear pilot vehicle. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with one rear pilot vehicle;

(ii) Width – loads exceeding 18 feet must have at least two rear pilot vehicles side by side. Vehicles exempted under 61-10-102(2)(a), MCA may only travel during hours of darkness with two rear pilot vehicles;

(c) Height – loads exceeding 17 to 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions.

(d) Height – loads exceeding 24 feet must have one front pilot vehicle equipped with a height pole and/or any other equivalent device detecting overhead dimensions and one rear pilot vehicle.

(2) In the event a load meets more than one of the criteria for the use of pilot vehicles, the criteria requiring the greatest number of pilot vehicles will determine the number of pilot vehicles necessary for travel.

(3) A vehicle or load not equipped as required in ARM 18.8.510B must use one front and one rear pilot vehicle for all travel.

(4) If a vehicle or load is not required to have a pilot vehicle for interstate travel, and the permitted load is not subject to ARM 18.8.602, no pilot vehicle is required for a radius of two miles of an interstate interchange.

(5) Overweight vehicles must meet the additional pilot requirements in ARM 18.8.602.

(6) Additional pilot vehicles or traffic control plans may be required and must be approved by the department through the super-load application.

(7) When movement requires pilot vehicles, the permittee must not delay traffic in excess of 15 minutes.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-102, 61-10-121, 61-10-122, 61-10-123, 61-10-124, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1989 MAR p. 321, Eff. 2/24/89; AMD, 1990 MAR p. 591, Eff. 3/30/90; AMD, 1991 MAR p. 2219, Eff. 11/15/91; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 1997 MAR p. 647, Eff. 4/8/97; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1775, Eff. 7/13/12; AMD, 2020 MAR p. 1626, Eff. 8/29/20; AMD, 2026 MAR, Notice No. 2026-658, Eff. 3/21/26.

Mont. Admin. R. 18.8.511B CONVOY MOVES OF OVERSIZE VEHICLES

18.8.511B CONVOY MOVES OF OVERSIZE VEHICLES

(1) Vehicles operating under a special permit may not travel in a convoy.

(2) Vehicles up to 16 feet 6 inches in width or up to 120 feet in length may travel in a convoy under the following conditions:

(a) a convoy may not exceed five vehicle combinations operating under a special permit;

(b) there shall be a minimum of 500 feet and a maximum of 1000 feet between all vehicles in a convoy;

(d) loads operating under ARM 18.8.602 may convoy with no more than two overweight loads.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, MCA
History: NEW, 1990 MAR p. 591, Eff. 3/30/90; AMD, 1996 MAR p. 1971, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.512 Height

(1) A permittee is prohibited from traveling under a bridge, underpass, or other overhead obstruction that does not exceed the height of the load or vehicle.

(2) The permittee will be responsible for checking the route or routes to be traveled to determine clearance of bridges, underpasses, or other obstructions.

(3) The permittee shall be responsible for obtaining overheight clearances, including payment of all expenses incidental to removal of anything obstructing clearances.

(4) Loads with a height of 15 feet 6 inches or less may be issued either a term or single trip permit.

(5) Loads with a height in excess of 15 feet 6 inches may be issued single trip special permits.

(6) In the event of a hay shortage or emergency drought declaration issued by the state or other governmental authority, the department may issue a single trip special permit for a baled or loose hay load with a height up to 16 feet. The hay load single trip special permit will be issued only for a route identified by the permittee and approved by the department.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-101, 61-10-103, 61-10-109, 61-10-121, 61-10-124, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/74; AMD, Eff. 11/4/74; AMD, 1979 MAR p. 322, Eff. 4/2/79; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 964, Eff. 6/7/13; AMD, 2016 MAR p. 1009, Eff. 6/4/16.

Mont. Admin. R. 18.8.513 Maximum Width Divisible Loads

(1) A single trip or term permit may be issued for divisible loads:

(a) up to 9 feet wide; or

(b) up to 9 1/2 feet wide for small square baled hay; or

(d) up to 12 feet wide for large square baled hay with a hay rack; or

(e) up to 12 feet wide for large round baled hay or empty trailers with a hay rack.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: Eff. 12/31/72; AMD, Eff. 9/5/74; AMD, Eff. 11/4/74; AMD, 1979 MAR p. 322, Eff. 4/2/79; AMD, 1984 MAR p. 389, Eff. 3/1/84; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2023 MAR p. 1406, Eff. 10/21/23.

Mont. Admin. R. 18.8.517 Special Vehicle Combinations

(1) A "special vehicle combination" is a truck-trailer-trailer combination of vehicles or truck tractor-semitrailer-trailer-trailer combination of vehicles as defined in statute and in 23 CFR 658, appendix C, April 1, 2015 edition. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-00012, or at www.gpo.gov .

(2) No special vehicle combination may be operated without a valid overlength permit.

(3) Special overlength permits shall be issued to a specific truck or truck tractor and are nontransferrable, and may not be used for any other combination other than a "special vehicle combination" as defined in this rule.

(4) In addition to the special overlength permit, the operator must obtain all other necessary permits for travel in Montana.

(5) When a terminal is beyond a two-mile radius of an interchange on the interstate system, the Department of Transportation may authorize travel between the terminal and the interchange. The operator shall apply in writing to the Department of Transportation for authorization to travel outside the two-mile radius to reach a terminal. The written application must specify requested routing and show good cause why the travel is necessary.

(6) The Department of Transportation may restrict or prohibit travel of special vehicle combinations to specific routes, hours of operation, specific days, or seasonal periods, when adverse conditions, traffic, weather or other safety considerations make such operation unsafe or inadvisable. Special vehicle combinations shall not be dispatched during adverse weather conditions, as defined in section 392.14 of the Federal Motor Carrier Safety Regulations. If adverse weather or road conditions are encountered or if the road surface is icy or snowpacked, the driver of the special vehicle combination shall proceed to the next available exit or turnout and drop a trailer or wait for conditions to improve. If road or weather conditions are deemed sufficiently hazardous by the Montana Department of Transportation or the Montana Highway Patrol, they may instruct the special vehicle combinations to cease operations immediately until such hazardous conditions no longer exist.

(7) The following equipment requirements apply to special vehicle combinations:

(a) All trucks and truck tractors shall be powered to provide adequate acceleration ability and hill climbing ability under normal operating conditions, and to operate on level grades at speeds compatible with other traffic. The ability to maintain a minimum speed of 20 m.p.h. under normal operating conditions on any grade over which the combination is operated is required.

(b) All trucks and truck tractors shall have adequate traction to maintain a minimum speed of 20 m.p.h. under normal operating conditions on any grade over which the combination is operated and to be able to resume a speed of 20 m.p.h. after stopping on any such grade and to negotiate all grades encountered.

(c) Each individual single and tandem axle shall have tires of the same size and construction (radial or nonradial) . Tires must be properly inflated for the load being carried, and shall meet the standards set forth in 49 CFR section 393.75.

(d) All fifth wheels shall be clean and lubricated with a light duty grease. The fifth wheel shall be located in a position which provides adequate stability. The fifth wheel shall be heavy duty as required in 49 CFR section 393.70.

(e) Pick-up plates shall be of equal strength to the fifth wheel, as provided in 49 CFR section 393.70.

(f) The king pin shall be of a solid type and permanently fastened. Screw out or folding type king pins are prohibited.

(g) All hitch connections shall be of a no-slack type, preferably air actuated ram. Air actuated hitches, when used, must be isolated from the primary air transmission system.

(h) The drawbar length shall be the practical minimum consistent with weight distribution and clearances required between trailers for turning and backing maneuvers.

(i) Permanently attached trailer axles must be those designed for the width of the trailer.

(i) Truck-trailer-trailer combinations must have a minimum of six axles and a maximum of nine axles.

(ii) Truck tractor-semitrailer-trailer-trailer combinations must have a minimum of seven axles and a maximum of nine axles.

(j) All braking systems shall comply with state and federal requirements. In addition, fast air transmission and release valves shall be provided for all trailers, semitrailers, and converter dollies. A brake force proportioning valve may be provided on the steering axle. Indiscriminate use of engine retarder brakes is prohibited.

(k) Anti-sail mud flaps are required. If anti-sail mud flaps are not used, mud flaps and anti-spray and splash suppressant device systems are required.

(8) Special vehicle combinations are restricted to the following operating conditions:

(a) The total weight on any single axle may not exceed 20,000 pounds. The total weight on any tandem axle may not exceed 34,000 pounds. The total weight on any group of two or more consecutive axles may not exceed the amount provided in 61-10-107 , MCA.

(b) In no case may any trailer or semitrailer be placed in front of another trailer or semitrailer which carries an appreciably heavier load. The heaviest trailer or semitrailer shall be placed in front and the lightest at the rear. An empty trailer or semitrailer may not precede a loaded trailer or semitrailer.

(c) A special vehicle combination shall be stable at all times during normal braking and normal operation. A special vehicle combination, when traveling on a level, smooth, paved surface, shall follow in the path of the towing vehicle without shifting or swerving more than three inches to either side when the towing vehicle is moving in a straight line.

(d) While operating on a highway with two lanes in one direction, permitted vehicles shall remain in the right hand lane unless otherwise posted or conditions otherwise require, or when passing another vehicle or when emergency conditions exist.

(e) A minimum safe distance of 100 feet per 10 m.p.h. of speed shall be maintained between a special vehicle combination and other vehicles except when overtaking and passing.

(f) In the event a special vehicle combination is disabled for any reason other than an accident, it shall be parked as far off the traveled way as possible and marked as required by Federal Motor Carrier Safety Regulations.

(9) As required by 49 CFR section 177.835(c), transportation of Division 1.1 and 1.2 explosives is prohibited.

(10) A driver of a special vehicle combination shall be experienced in driving these combinations, maintain a good driving record and be subject to the following requirements:

(a) The driver shall comply with all of the driver's requirements of the Motor Carrier Safety Regulations of the U.S. Department of Transportation.

(b) The driver shall be under the control and supervision of the company holding the overlength permit.

(c) No person who has had any suspension of driving privileges in any state during the past three years where such suspension arose out of the operation of a motor vehicle used as a contract or common carrier of persons or property may operate a special vehicle combination.

(11) No person may operate any special vehicle combination under 61-10-124(4), MCA, at a speed greater than the posted speed limit. Violation of this restriction shall result in confiscation of permits.

(12) Every special vehicle combination operated under an oversize permit shall be covered by insurance of not less than $1 million combined single limit bodily injury and property damage liability per occurrence unless a greater amount is required by state or federal law or regulations.

(13) No overlength permit may be issued to a company which does not have a documented, established safety compliance program, including a driver training and certification program.

(14) Any company approved to operate special vehicle combinations under an overlength permit shall provide the Department of Transportation with any information relating to accidents, operational costs, safety inspections, equipment, maintenance, and other items which may be requested.

(15) Notwithstanding other state and federal requirements for reporting motor vehicle accidents, reportable accidents involving special vehicle combinations operated under a special overlength permit must be reported to the Montana transportation department within ten days of the date of the accident.

(16) The original permit shall be carried in the truck or truck-tractor of the special vehicle combination operating under the permit, and shall be displayed to any peace officer, employee of the Department of Transportation, Montana Highway Patrol upon request.

(17) In addition to the requirements in this rule, all equipment operated, all drivers employed and all operating procedures used shall comply with the current Motor Carrier Safety Regulations, parts 390 through 397 of the U.S. Department of Transportation, Federal Highway Administration.

(18) An overlength permit may be confiscated by any peace officer or by the Department of Transportation for failure of the company or any of its drivers to comply with any requirement contained herein.

(19) Application for permits may be obtained from the Department of Transportation, Motor Carrier Services Division, Box 4639, Helena, MT 59604, during regular business hours, Monday through Friday, except on legal holidays observed by the state of Montana.

(20) Complaints concerning operation of special vehicle combinations may be reported to the administrator of the Department of Transportation, Motor Carrier Services Division, P.O. Box 4639, Helena, MT 59604.

History

Authorizing statute(s): 61-10-129, 61-10-155, MCA
Implementing statute(s): 61-10-124, MCA
History: NEW, 1987 MAR p. 1484, Eff. 8/28/87; AMD, 1996 MAR p. 1971, Eff. 7/19/96; AMD, 1998 MAR p. 171, Eff. 1/16/98; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2016 MAR p. 312, Eff. 2/20/16.

Mont. Admin. R. 18.8.518 Special Vehicle Combination Driver Certification

(1) The operating company must keep physical records of all training. These records may be, audited at any time upon request by the Department of Transportation.

(2) The certification by the operating company will consist of the following:

(a) Each driver must complete an initial one-time road test consisting of at least 200 miles or four hours of driving a special vehicle combination. The road test must include driving the special vehicle combination under actual driving circumstances to include mountain driving and entering and exiting interchanges when applicable.

(b) Each company must provide its drivers with a documented annual review of the following:

(i) Federal Motor Carrier Safety Regulations as required in section 391.25.

(ii) State laws and regulations pertaining to the operation of special vehicle combinations (triples), including under adverse weather conditions.

(iii) The above certification is to be noted on the driver's "Violation and Review Record" (ATA Form C0680 or comparable) by the carrier.

History

Authorizing statute(s): 61-10-129, 61-10-155, MCA
Implementing statute(s): 61-10-124, MCA
History: NEW, 1988 MAR p. 386, Eff. 2/26/88; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Mont. Admin. R. 18.8.519 Wreckers and/or Tow Vehicle Requirements

(1) When proceeding to an emergency, a wrecker or tow vehicle which exceeds the weight limits set forth in 61-10-141, MCA, must enter an open weigh station except if the emergency creates highway blockage and/or serious threat to life and property. If this condition exists, the wrecker or tow vehicle must have top lights flashing and may pass by the open weigh station.

(2) If separating a towed power unit combination would create a safety risk to the traveling public or to property on the roadway, a wrecker or tow vehicle may tow the vehicles or vehicle combination from the emergency scene or place of disablement on a public roadway to the operator's place of business or yard or suitable secure facility if it is within 100 miles of the emergency scene.

(3) Combinations, including double and triple saddle mount configurations, nondivisible loads, or unusual combinations not readily separated (including but not limited to loaded fuel semi-trailers, stinger steered combinations, and loaded logging trucks with pole trailer connected to the disabled power unit) may be towed from the emergency scene or place of disablement to the operator's place of business or yard if it is within 100 miles of the emergency scene or place of disablement. If a move exceeds 100 miles, the disabled vehicles may be removed from the emergency scene or place of disablement on a public roadway but must be separated at the first place where the combination can be safely reduced to a single unit.

(4) When returning from an emergency, the wrecker or tow vehicle and load which exceeds the weight limits in 61-10-141, MCA, must enter an open weigh station.

(5) Permit requirements for tow vehicles operating under emergency conditions:

(a) If a tow vehicle or the vehicle being towed exceeds statutory limits, special permits are required and must be carried in the tow vehicle when returning from an emergency. An emergency response does not exempt the tow truck operator from special permit requirements. If the type of special permit cannot be determined, the permits must be obtained at the weigh station when returning from the emergency scene or place of disablement through the use of the Motor Carrier Services (MCS) courtesy weight permit process;

(b) A special permit is valid for both the towing vehicle and the disabled vehicle and load;

(c) Special permits for overweight are valid for both divisible and nondivisible loads, however routing and restrictions on the original permit must be followed unless properly amended by MCS;

(d) An emergency response exempts the tow truck operation from restricted hours of operation within 100 miles of the emergency scene; and

(e) All flag vehicles, light, and signing regulations found at ARM 18.8.510A, 18.8.510B, and 18.8.511A apply to wreckers and/or tow truck vehicles when responding to or returning from an emergency.

(6) A tow vehicle or wrecker may operate during restricted hours of daylight, weekends, holidays, and during restricted or severe weather travel conditions when returning from an emergency scene or place of disablement. A tow vehicle or wrecker may only travel during restricted or severe weather conditions to the first safe place the vehicles may be safely parked until the restricted or severe driving conditions have been removed.

(7) MCS will report violations of this rule to the Department of Justice for appropriate action against the wrecker or tow vehicle operator.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 535, Eff. 4/12/13.

Subchapter 18.8.6 Overweight Permit Requirements

Mont. Admin. R. 18.8.601 Overweight Single Trip Permits

(1) The Department of Transportation hereby adopts and incorporates by reference weight tables established by the Bridge Bureau of the Department of Transportation for use in determining the conditions for the movement of overweight vehicles or loads. Information pertaining to weight tables and special permits for overweight vehicles and loads is available at the Motor Carrier Services Division, 2701 Prospect Avenue, Helena, Montana 59620 or by phone at (406) 444-6130.

(2) Unless otherwise specified through route analysis by the Bridge Bureau of the Department of Transportation, the maximum axle loads and the minimum axle spacing for which overweight permits may be issued for non-built-up loads shall conform to the requirements of the weight tables as referenced in (1) .

(3) The following definition applies to noninterstate highways only. A nondivisible load is a load which cannot be readily or reasonably dismantled and which is reduced to a minimum practical size and weight. Portions of a load can be detached and reloaded on the same hauling unit provided that the separate pieces are necessary to the operation of the machine or equipment which is being hauled, if the arrangement does not exceed permitable limits.

(4) The following definition applies to interstate highways only. Nondivisible means any load or vehicle exceeding applicable length or weight limits which, if separated into smaller loads or vehicles, would:

(a) Compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended;

(b) Destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or

(c) Require more than eight work hours to dismantle using appropriate equipment. The applicant for a nondivisible load permit has the burden of proof as to the number of work hours required to dismantle the load.

(d) Emergency response vehicles and casks designed and used for the transport of spent nuclear materials may be considered nondivisible vehicles or loads.

(5) Subject to the exercise of discretion of the administrator, M.C.S. Division, permits may be issued for overweight loads of more than one item or for greater weights than those provided in the weight analysis manual where written application is made showing good cause for such exception.

(6) Special permits for weights which do not impose speed restrictions and for dimensions not exceeding the maximum dimensions allows in ARM 18.8.509(11) (a) through (c) may be issued for continuous travel.

(7) Permits do not allow travel on any state highway where seasonal load limits are in effect without authorization of the district administrator or his designated representative in the district or area where travel takes place.

(8) The fee will be computed on the total miles traveled on all public roads.

(9) The department may require an overweight vehicle or load to operate at less than the posted speed limit, but not as restrictive as conditions imposed by ARM 18.8.602 (DW-21 Conditions) .

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: Eff. 12/31/72; AMD, 1981 MAR p. 1194, Eff. 10/16/81; AMD, 1984 MAR p. 389, Eff. 3/1/84; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00.

Mont. Admin. R. 18.8.602 Speed and Bridge Crossing Conditions Imposed for Excessive Overweight Vehicles

(1) The department may restrict speed and impose additional requirements as a condition of the special permit in cases of extreme overweight.

(2) On interstate or noninterstate highways, loads may not exceed a maximum speed of 55 mph or the posted speed limit, whichever is less. Only one overweight vehicle is allowed on a bridge at a time. Stopping or shifting gears on any bridge is prohibited. Additionally, one or more of the following conditions may apply when listed as a restriction on the special permit:

(a) vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, remain in driving lane, maintain at least two feet from the shoulder, and provide a minimum of one rear pilot vehicle, while other non-overweight traffic may travel simultaneously in all lanes; or

(b) vehicle must reduce speed to a maximum of 10 miles per hour before and while crossing the bridge, center vehicle over roadway centerline, and provide a minimum of two pilot vehicles, while all other traffic is prohibited on the bridge. The two required pilot vehicles must adhere to the following conditions when pilot vehicles are part of the conditions on the permit:

(i) interstate highway travel requires a minimum of two rear pilot vehicles; or

(ii) noninterstate highway travel requires a minimum of one front and one rear pilot vehicle.

(c) additional restrictions may be imposed on a case-by-case basis depending on specific bridge conditions and complexity of the movement.

(3) A reasonable accommodation route variance will be allowed for vehicles to deviate from permitted interstate routes within a two mile radius of an interstate interchange for accessing of services, without a requirement for additional pilot or escort vehicles. Any bridge crossing on the accommodation route must be approved through department bridge review or in compliance with applicable noninterstate bridge crossing requirements.

(4) All traffic control required by a special permit condition must comply with ARM 18.8.510A and the Manual on Uniform Traffic Control Devices.

(5) Violation of any permit restrictions on bridge crossings, axle weights, or axle spacing may prohibit future permit issuance and operation.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-124, 61-10-125, 61-10-141, MCA
History: NEW, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1990 MAR p. 591, Eff. 3/30/90; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2016 MAR p. 312, Eff. 2/20/16; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Mont. Admin. R. 18.8.603 Overweight Term Permits

(1) A vehicle configuration that can be permitted only under a route analysis cannot be issued a term excess axle weight permit. The permit can be issued for a single trip only, for a route specified on the permit.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-125, MCA
History: NEW, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2016 MAR p. 312, Eff. 2/20/16.

Mont. Admin. R. 18.8.604 Vehicle Weight Analysis and Route Analysis

(1) Upon request, a vehicle weight analysis shall be conducted by the department for a specific vehicle configuration, axle spacings, axle weights, and gross weight to determine the conditions of travel for the movement of overweight vehicles or loads.

(a) The analysis is transferable only to an identical vehicle configuration.

(b) If there is any change in the vehicle configuration, axle spacings, axle weights, or gross weight, the analysis is invalid and a new vehicle weight analysis must be requested.

(c) When obtaining an overweight permit, it is the responsibility of the permittee to provide a previously issued vehicle weight analysis, or to request an initial analysis.

(d) The permittee must carry a copy of the vehicle weight analysis in the assigned vehicle and be able to produce it for inspection by an officer.

(2) Upon request, a route analysis shall be conducted by the department when necessary, and issued as an annual approval, when submitted for a specific vehicle configuration, axle spacing, axle weights, gross weight, and route of travel to determine the conditions of travel for the movement of overweight vehicles or loads upon a specific route.

(a) When obtaining an overweight permit, a route analysis must be requested by the permittee each time there is a change of axle weights, vehicle configuration, or a new route of travel is required.

(b) Only the Helena MCS office is authorized to issue permits for a vehicle configuration operating under the conditions of a route analysis.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-125, MCA
History: NEW, 2006 MAR p. 206, Eff. 1/27/06; AMD, 2012 MAR p. 1350, Eff. 7/13/12.

Mont. Admin. R. 18.8.605 Wintertime and Durational Permits

(1) The department may issue a wintertime or durational permit between the period December 1 and the following March 7 authorizing the applicant to operate a vehicle, combination of vehicles, load or object exceeding by up to 10% the maximum weight limits specified in 61-10-106 through 61-10-110, MCA.

(2) A wintertime permit may be issued under the following conditions:

(a) the nonrefundable fee is $50 for each vehicle;

(b) a permit may only be issued during the period December 1 to the following March 7; and

(3) A durational permit may be issued under the following conditions:

(a) the nonrefundable fee is $150 for each vehicle;

(b) a permit may only be issued during the period December 1 to the following March 7; and

(c) a permit is valid for the entire period between December 1 or date of issuance and the following March 7, subject to (4).

(4) Wintertime and durational permits for divisible loads under 61-10-125 MCA are subject to the following restrictions:

(a) a permit is not eligible for travel on the interstate system;

(b) a permit must not be used to increase any overweight or tolerance permit;

(c) a permit may be modified statewide at the department's discretion due to temperatures during the dates of December 1 to the following March 7. The permittee must check the department's or associated county's website for updated restrictions; and

(d) a permit may restrict a bridge or bridges from the weights of a permit at the department's discretion.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-125, MCA
History: NEW, 2019 MAR p. 2348, Eff. 9/21/19.

Subchapter 18.8.8 Permit Insurance Requirements

Mont. Admin. R. 18.8.801 Insurance

(1) A minimum of $1 million combined single limit bodily injury and property damage liability per occurrence is required before a special permit may be issued. The permit must show the name of the insurance company.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-123, 61-10-124, and 61-10-125, MCA
History: Eff. 12/31/72; AMD, 1984 MAR p. 389, Eff. 3/1/84; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2000 MAR p. 1075, Eff. 4/28/00; AMD, 2001 MAR p. 2142, Eff. 10/26/01.

Subchapter 18.8.9 Confiscation of Permits

Mont. Admin. R. 18.8.901 Confiscation of Permits

(1) Any violation of state or federal law, rule or regulation, or any violation of a term or conditions of a special permit is grounds for confiscation by an inspecting officer.

(2) At the discretion of the department, the permittee may purchase a special movement permit to reach a destination which shall be at the discretion of the inspecting officer, either to a point of safety for the traveling public or to a point of actual destination.

(3) In addition to confiscation of a permit, the department may assess administrative penalties as follows:

(a) First violation - re-issue new permit

(b) Second violation - 24-hour suspension

(d) Fourth violation - 60-day suspension

(e) Fifth violation - 90-day suspension

(f) For violations exceeding the fifth, permits will be revoked.

(4) In order to protect the safety of the traveling public, permit privileges may be revoked by the administrator of the Motor Carrier Services Division for failure by the permittee to comply with any state or federal law, rule, regulation, or condition of a special permit. In making a determination whether to revoke permit privileges under this rule, the administrator shall take into consideration the nature and number of violations by the permittee as well as the need to protect the safety of the traveling public and the protection of personal and public property.

(5) Notice of administrative penalties or revocation of privileges shall:

(a) be given in writing;

(b) state the reason or reasons for revocation; and

History

Authorizing statute(s): 61-10-155, 61-10-121, 61-10-122, 61-10-143, MCA
Implementing statute(s): 61-10-121, 61-10-122, 61-10-143, MCA
History: Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2001 MAR p. 2142, Eff. 10/26/01; AMD, 2020 MAR p. 1626, Eff. 8/29/20.

Subchapter 18.8.10 Mobile Homes

Mont. Admin. R. 18.8.1002 Mobile Home Towing Unit (toter) Requirements

A mobile home towing unit (toter) shall be equipped with one or more dual-wheel drive axle or wide-based tire as defined in 61-10-107, MCA, and have a wheelbase a minimum of 100 inches.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-101, 61-10-102, 61-10-103, 61-10-104, 61-10-106, 61-10-107, 61-10-108, 61-10-109, 61-10-110, 61-10-111, 61-10-113, 61-10-121, 61-10-122, 61-10-123, 61-10-124, 61-10-125, 61-10-126, 61-10-127, 61-10-128, 61-10-129, 61-10-130, 61-10-141, 61-10-142, 61-10-143, 61-10-144, 61-10-145, 61-10-146, 61-10-147, 61-10-148, MCA
History: Eff. 12/31/72; AMD, Eff. 12/8/75; AMD, Eff. 4/8/76; AMD, 1979 MAR p. 323, Eff. 3/30/79; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1996 MAR p. 2980, Eff. 7/19/96; AMD, 2013 MAR p. 1184, Eff. 7/12/13.

Subchapter 18.8.13 Weigh Station/Patrol

Mont. Admin. R. 18.8.1301 Compliance with Weigh Station Signs

(1) Vehicles meeting the requirements of 61-10-141(1) and (3), MCA, are required to stop at all weigh stations displaying an open sign unless authorized to bypass within ARM 18.8.1302.

(2) Vehicles being operated by carriers enrolled in electronic weigh station bypass programs are subject to jurisdictional bypass restrictions and regardless of receiving a bypass signal, must enter an open weigh station when any of the following conditions apply:

(a) overweight;

(b) width exceeding 10 feet;

(d) length exceeding 120 feet;

(e) oversize in excess of legal dimensions as outlined in 61-10-102, 61-10-103, and 61-10-104, MCA, without a valid permit.

(3) A violation of this rule is punishable as provided by law.

History

Authorizing statute(s): 61-10-141, 61-10-155, MCA
Implementing statute(s): 61-10-141, MCA
History: NEW, 2004 MAR p. 2392, Eff. 10/8/04; AMD, 2014 MAR p. 2012, Eff. 9/5/14; AMD, 2019 MAR p. 175, Eff. 2/9/19; AMD, 2022 MAR p. 1832, Eff. 9/24/22.

Mont. Admin. R. 18.8.1302 Vehicles Authorized to Bypass Weigh Stations

(1) The requirements contained in 61-10-141, MCA, and ARM 18.8.1301 for vehicles stopping at stations do not apply to:

(a) vehicles being operated by carriers enrolled in electronic weigh station bypass programs. In-cab signals at equipped weigh station sites shall be followed, subject to jurisdictional bypass restrictions;

(b) vehicles receiving notification indicating a bypass from electronic signs on the mainline or through other means of communication;

(d) Montana based school buses operating to or from school, or a school sponsored activity;

(e) scheduled transit system buses travelling on a regular route;

(f) super-loads operating under a special permit which are unable to enter a weigh station due to size or safety concerns that have obtained prior authorization from the division administrator or designee.

(2) Vehicles meeting the following criteria may request weigh station bypass authorization from the division administrator or designee:

(a) empty vehicles making multiple trips, such as logging vehicles and harvesting support vehicles;

(b) vehicles operating to, from, or within a construction project; or

(3) Carriers with weigh station bypass authorization are subject to roadside enforcement stops.

(4) Authorized bypasses may be rescinded at the discretion of the department.

History

Authorizing statute(s): 61-10-141, 61-10-155, MCA
Implementing statute(s): 61-10-141, MCA
History: NEW, 2022 MAR p. 1832, Eff. 9/24/22.

Subchapter 18.8.14 Enforcement

Mont. Admin. R. 18.8.1401 Qualifications and Training for M.c.s. Personnel as Peace Officers

(1) Each employee is subject to an extensive background investigation, including credit check.

(2) Each employee shall successfully complete any Montana Law Enforcement Academy courses required by the Motor Carrier Services Division.

(3) In addition, each employee must successfully complete the M.C.S. division's training program.

(4) Prior to making arrests as provided in 61-12-206, MCA, an employee must execute the prescribed code of ethics in ARM 23.13.203 and take an official oath of office.

(5) Each employee must meet the requirements set forth in 7-32-303(2), MCA.

History

Authorizing statute(s): 61-12-202, MCA
Implementing statute(s): 61-12-201, 61-12-202, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1073, Eff. 3/28/80; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 1991 MAR p. 2219, Eff. 11/15/91; AMD, 1994 MAR p. 1148, Eff. 4/29/94; AMD, 2014 MAR p. 2012, Eff. 9/5/14.

Subchapter 18.8.15 Safety Requirements

Mont. Admin. R. 18.8.1501 Motor Carrier Safety Definitions

(1) For purposes of interstate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5.

(2) For purposes of intrastate commerce safety operations and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 390.5 with the following clarifications:

(a) "Commercial motor vehicle (CMV)" means any self-propelled or towed motor vehicle used on a way of this state open to the public to transport passengers or property when the vehicle:

(i) has a gross vehicle weight rating, or gross combination weight rating, or gross vehicle weight, or gross combination weight of 26,001 pounds or more, whichever is greater;

(ii) is designed or used to transport more than 15 passengers, including the driver, not for compensation;

(iii) is designed or used to transport more than eight passengers, including the driver, for compensation; or

(iv) is of any size and is used in the transportation of materials found by the U.S. Secretary of Transportation to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 USC 5101, et seq.) and which require the motor vehicle to be marked or placarded under the Hazardous Materials Regulations (49 CFR chapter I, subchapter C) under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR subtitle B, chapter I, subchapter C.

(b) "Farm vehicle" means a commercial motor vehicle that is:

(i) controlled by a farmer and operated by the farmer or a person employed by the farmer as a private motor carrier of property;

(ii) being used to transport either:

(A) agricultural products; or

(B) farm machinery, farm supplies, or both, to or from a farm.

(iii) not being used in the operation of a for-hire motor carrier; and

(iv) not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823.

(c) "Farmer" means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which are:

(i) owned by that person; or

(ii) under the direct control of that person.

(d) "Gross combination weight (GCW)" means the loaded weight of a combination of vehicles. In the absence of a readily available means to determine the weight of a vehicle combination, GCW will be deemed to equal the declared weight of the power unit or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(e) "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

(f) "Gross vehicle weight (GVW)" means the weight of a vehicle without load plus the weight of any load on the vehicle. In the absence of a readily available means to determine the weight of a vehicle, GVW will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle, or the aggregate value of the tire rating in pounds for each tire on a vehicle missing a manufacturer's rating certification plate, whichever is greater.

(g) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle. In the absence of a stated manufacturer's rated capacity for a particular vehicle, GVWR will be deemed to equal the maximum weight limit for which the vehicle is licensed under Title 61, chapter 10, MCA, or the actual physical weight of the vehicle.

(h) "Intrastate commerce" means any trade, traffic, or transportation within the state of Montana which is not described in the term "interstate commerce," as defined in 49 CFR 390.5.

(i) "Motor carrier" means a person, corporation, or firm transporting goods or passengers by operation of a commercial motor vehicle upon a way of the state open to the public. The term includes duly authorized agents, officers, and representatives, as well as employees of the motor carrier who are responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.

(j) "Way of this state open to the public" means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public, including, but not limited to, any roadway available to, and passable by, except during scheduled periods, extreme weather or emergency conditions, four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of vehicle registration.

(3) For purposes of transportation of hazardous materials in commerce, and subchapter 15 of these rules, the department adopts by reference the definitions found at 49 CFR 171.8, with the following clarification:

(a) "Hazardous materials shipper" means an individual, corporation, company, association, firm, partnership, society, joint stock company, government, Indian tribe, or authority of a government or tribe, that:

(i) offers a hazardous material for transportation in commerce;

(ii) transports a hazardous material to support a commercial enterprise and is a private motor carrier;

(iii) performs, or is responsible for performing, any pre-transportation function required by state or federal statute or rule for the transportation of hazardous materials in commerce; or

(iv) tenders or makes hazardous materials available to a carrier for transportation in commerce.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-141, 61-10-154, MCA
History: Eff. 12/31/72; AMD, 1981 MAR p. 314, Eff. 3/27/81; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; AMD, 1994 MAR p. 578, Eff. 3/18/94; AMD, 1995 MAR p. 2807, Eff. 12/22/95; AMD, 1998 MAR p. 2582, Eff. 9/25/98; AMD, 2001 MAR p. 1838A, Eff. 9/21/01; AMD, 2004 MAR p. 1021, Eff. 4/23/04; TRANS, from Justice, 2005 MAR p. 2059; AMD, 2006 MAR p. 1160, Eff. 5/5/06; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2014 MAR p. 502, Eff. 3/14/14; AMD, 2017 MAR p.1400, Eff. 8/19/17; AMD, 2018 MAR p. 1035, Eff. 5/26/18.

Mont. Admin. R. 18.8.1502 Federal Motor Carrier Safety Rules and State Modifications

(1) Any commercial motor vehicle or motor carrier subject to regulation by the department under 61-10-154, MCA, shall comply with and the department adopts by reference the following portions of the Federal Motor Carrier Safety Regulations of the U.S. Department of Transportation, subject to the provisions of (2). The regulations adopted are 49 CFR part 373, 49 CFR part 375, 49 CFR parts 377 through 379, 49 CFR part 382, 49 CFR part 383, 49 CFR part 385, 49 CFR part 386 subpart F – Injunctions and Imminent Hazards, 49 CFR part 387, 49 CFR parts 390 through 399, and Appendix G to subchapter B of chapter III, Title 49 of the Code of Federal Regulations, as updated through March 10, 2026. Copies of the regulations may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

(2) The federal regulations incorporated by reference are subject to the following modifications:

(a) For purposes of 49 CFR part 385, the safety investigation applied to intrastate carriers will be referred to as an "intrastate safety investigation." The department will conduct intrastate safety investigations in compliance with ARM 18.8.1506.

(b) 49 CFR part 387, subpart A, 387.7 and 387.9 apply to for-hire motor carriers operating in interstate or foreign commerce and motor carriers transporting hazardous material. Section 61-6-103, MCA, establishes the minimum level of financial responsibility for for-hire motor carriers transporting nonhazardous material intrastate.

(c) With respect to 49 CFR 390.19, an intrastate motor carrier must complete a "Motor Carrier Identification Report" (form MCS-150) at the following times:

(i) before the carrier begins operation; and

(ii) every 24 months thereafter, in accordance with the schedule in 49 CFR 390.19.

(d) For the purpose of 49 CFR 390.21, the department will assign a United States Department of Transportation (USDOT) number to each intrastate motor carrier and that number, in addition to the name or trade name of the motor carrier, must be marked on each self-propelled commercial motor vehicle operated by the carrier in the same manner as is required of a federally issued USDOT number except:

(i) The motor carrier is required to mark each vehicle subject to these regulations with the assigned "USDOT" number immediately followed by the state abbreviation "MT."

(e) Part 391 is subject to the age and physical qualification provisions of ARM 23.3.505 and 23.3.506 for those individuals operating under a type 2 commercial driver's license and not engaged in "interstate commerce," as defined in 49 CFR part 391.

(f) For the purpose of 49 CFR 395.1(k), the planting and harvesting seasons during which transportation of agricultural commodities or farm supplies for agricultural purposes is conducted shall be deemed to run from January 1 through December 31 of each year.

(g) For the purpose of 49 CFR 395.8, a person exempted from 49 CFR 395.3 pursuant to the exclusion set forth in 49 CFR 395.1(k) must keep a daily record of the number of hours worked. The format of the daily record may be determined by the record keeper, so long as the format includes a provision for entry of hours worked by calendar day. The daily record must be retained for a period of six months from initial entry date. Payroll records or time sheets may be used for this purpose, if they are updated on a daily basis.

(h) For purposes of 49 CFR 396.9, a Commercial Vehicle Safety Alliance (CVSA) Level I, II, III, and V inspection performed by a certified officer or investigator requires the driver’s presence and participation to complete the safety inspection of the driver and motor vehicle.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-141, 61-10-154, MCA
History: NEW, Eff. 5/4/74; AMD, 1981 MAR p. 314, Eff. 3/27/81; AMD, 1983 MAR p. 1736, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; EMERG, AMD, 1990 MAR p. 2115, Eff. 11/30/90; AMD, 1995 MAR p. 2807, Eff. 12/22/95; AMD, 1998 MAR p. 2582, Eff. 9/25/98; AMD, 2001 MAR p. 1838A, Eff. 9/21/01; AMD, 2004 MAR p. 1021, Eff. 4/23/04; TRANS, from Justice, 2005 MAR p. 2059; AMD, 2006 MAR p. 1160, Eff. 5/5/06; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 1184, Eff. 7/12/13; AMD, 2014 MAR p. 502, Eff. 3/14/14; AMD, 2016 MAR p. 1456, Eff. 8/20/16; AMD, 2017 MAR p. 895, Eff. 6/24/17; AMD, 2017 MAR p. 1400, Eff. 8/19/17; AMD, 2018 MAR p. 1035, Eff. 5/26/18; AMD, 2018 MAR p. 1277, Eff. 7/7/18; AMD, 2019 MAR p. 543, Eff. 5/11/19; AMD, 2020 MAR p. 1020, Eff. 6/13/20; AMD, 2021 MAR p. 875, Eff. 7/10/21; AMD, 2022 MAR p. 1072, Eff. 6/25/22; AMD, 2023 MAR p. 566, Eff. 6/24/23; AMD, 2024 MAR p. 1455, Eff. 6/22/24; AMD, 2025 MAR, Notice No. 2025-87, Eff. 6/28/25; AMD, 2026 MAR, Notice No. 2026-23, Eff. 5/9/26.

Mont. Admin. R. 18.8.1503 Transportation of Hazardous Materials

(1) A commercial motor vehicle, motor carrier, or hazardous materials shipper shall comply with and the department adopts by reference the following federal regulations of the U.S. Department of Transportation concerning the transportation of hazardous materials: 49 CFR part 107, 49 CFR part 171, 49 CFR part 172, 49 CFR part 173, 49 CFR part 177, 49 CFR part 178, and 49 CFR part 180. The regulations adopted may be found in the Code of Federal Regulations, Title 49, chapter I, subchapters B and C, as updated through March 10, 2026. Copies may be obtained from the U.S. Government Printing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001, or at www.gpo.gov.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-154, MCA
History: NEW, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 1184, Eff. 7/12/13; AMD, 2014 MAR p. 502, Eff. 3/14/14; AMD, 2016 MAR p. 1456, Eff. 8/20/16; AMD, 2017 MAR p. 895, Eff. 6/24/17; AMD, 2018 MAR p. 1277, Eff. 7/7/18; AMD, 2019 MAR p. 543, Eff. 5/11/19; AMD, 2020 MAR p. 1020, Eff. 6/13/20; AMD, 2021 MAR p. 875, Eff. 7/10/21; AMD, 2022 MAR p. 1072, Eff. 6/25/22; AMD, 2023 MAR p. 566, Eff. 6/24/23; AMD, 2024 MAR p. 1455, Eff. 6/22/24; AMD, 2025 MAR, Notice No. 2025-87, Eff. 6/28/25; AMD, 2026 MAR, Notice No. 2026-23, Eff. 5/9/26.

Mont. Admin. R. 18.8.1505 Safety Inspection Program: Purpose and Out-of-Service Criteria

(1) The safety inspection program implemented by the U.S. Department of Transportation is intended to focus on those driver-related and mechanical factors most often responsible for crashes involving trucks, passenger carriers, and hazardous material transporters and is designed to remove potentially unsafe drivers and imminently hazardous vehicles from Montana's highways.

(2) In addition to the federal regulations adopted in ARM 18.8.1502, the safety inspection program will follow Commercial Vehicle Safety Alliance (CVSA), North American Standard Out-of-Service Criteria (April 1, 2026), incorporated by reference. A copy of the North American Standard Out-of-Service Criteria may be obtained from the Commercial Vehicle Safety Alliance, 99 M Street, SE, Suite 1025, Washington, DC 20003, or at www.cvsa.org.

(3) For purposes of this program, inspection may be waived for any vehicle subject to inspection and bearing a CVSA inspection decal issued by state or province using CVSA out-of-service criteria within the preceding 90 days, as identified by color code and corner trimming.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 61-10-154, MCA
History: NEW, 1983 MAR p. 1735, Eff. 11/26/83; TRANS, from Department of Public Service Regulation, Ch. 686, L. 1985, Eff. 7/1/85; AMD, 1995 MAR p. 2807, Eff. 12/22/95; AMD, 2004 MAR p. 1021, Eff. 4/23/04; TRANS, from Justice, 2005 MAR p. 2059; AMD, 2006 MAR p. 1160, Eff. 5/5/06; AMD, 2010 MAR p. 1179, Eff. 5/14/10; AMD, 2012 MAR p. 1350, Eff. 7/13/12; AMD, 2013 MAR p. 1184, Eff. 7/12/13; AMD, 2014 MAR p. 2012, Eff. 9/5/14; AMD, 2015 MAR p. 1754, Eff. 10/16/15; AMD, 2016 MAR p. 1456, Eff. 8/20/16; AMD, 2017 MAR p. 895, Eff. 6/24/17; AMD, 2018 MAR p. 1277, Eff. 7/7/18; AMD, 2019 MAR p. 543, Eff. 5/11/19; AMD, 2020 MAR p. 1020, Eff. 6/13/20; AMD, 2021 MAR p. 875, Eff. 7/10/21; AMD, 2022 MAR p. 1072, Eff. 6/25/22; AMD, 2023 MAR p. 566, Eff. 6/24/23; AMD, 2024 MAR p. 1455, Eff. 6/22/24; AMD, 2025 MAR, Notice No. 2025-87, Eff. 6/28/25; AMD, 2026 MAR, Notice No. 2026-23, Eff. 5/9/26.

Mont. Admin. R. 18.8.1506 Commercial Vehicle Safety Program Operations

(1) The department shall implement a commercial vehicle safety program to assume responsibility for improving motor carrier safety and enforcing safety standards under federal regulations adopted by reference in ARM 18.8.1502 and state standards found in Montana statutes and administrative rules.

(2) The commercial vehicle safety program shall conduct safety inspections and investigations of hazardous material shippers, for-hire motor carriers, private motor carriers, or any motor vehicle or vehicle combination as defined in 61-10-154, MCA, when the vehicle is used in interstate or intrastate commerce in Montana.

(3) The department shall designate motor carrier services officers as peace officers under 61-10-154, MCA, with authority to conduct the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements or hazardous materials requirements, including right of entry for investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Issue citations and make arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.

(4) The department shall designate civilian safety inspectors, with authority to conduct the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements or hazardous materials requirements, including right of entry investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Refer violations and violators to designated motor carrier services officers or Montana Highway Patrol (MHP) officers for issuance of citations and performance of arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.

(5) The department shall coordinate with MHP for MHP officer enforcement of the federal and state safety regulations adopted in Montana. MHP officers shall have authority to conduct all of the following safety program activities:

(a) Enforce the provisions of Title 49, USC, and the federal regulations that have been adopted under Title 49 in the Code of Federal Regulations;

(b) Enforce the provisions of the Commercial Vehicle Safety Alliance (CVSA), North American Out-of-Service Criteria, as incorporated by reference in ARM 18.8.1505;

(d) Conduct investigations of commercial motor carriers or hazardous materials shippers for compliance with federal and state safety requirements, or hazardous materials requirements, including right of entry for investigations at the commercial motor carriers' place of business;

(e) Require production of documents relating to the commercial motor carrier and commercial motor vehicle safety regulations adopted under administrative rules;

(f) Issue citations and make arrests in connection with violations of safety standards adopted under these administrative rules; and

(g) All other reasonable activities allowed by federal statutes or regulations, or by state statutes, or administrative rules related to safety inspections and investigations.

History

Authorizing statute(s): 61-10-155, MCA
Implementing statute(s): 44-1-1005, 61-10-154, MCA
History: NEW, 2014 MAR p. 502, Eff. 3/14/14.

Chapter 18.12 Aeronautics Division

Subchapter 18.12.3 Aircraft Registration

Mont. Admin. R. 18.12.305 Aircraft Registration Definitions

(1) "Aircraft" means any manned aerial vehicle including airplane, helicopter, glider, ultralight (with or without Federal Aviation Administration N number), balloon, homebuilt aircraft (including experimental amateur-built), other aircraft listed in 67-3-206, MCA, or other similar aerial vehicle.

(2) "Customarily kept" means an aircraft primarily based in Montana, which is housed or stored in this state for a period of time exceeding 180 non-contiguous days (six months) within any calendar year.

(3) "Department" means the Montana Department of Transportation or the Montana Department of Transportation Aeronautics Division.

(4) "Destroyed" or "salvaged" aircraft means an aircraft which will never return to an airworthy condition.

(5) "Dismantled" or "nonflyable" aircraft means an aircraft which has been disassembled or which requires a major repair to return the aircraft to an airworthy condition. The term does not include an aircraft not current or out of compliance with FAA inspection requirements.

(6) "Owner" means an individual, partnership, or corporation which owns an aircraft singly or in shares.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-101, 67-3-102, 67-3-103, 67-3-104, 67-3-201, 67-3-202, 67-3-203, 67-3-204, 67-3-206, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.306 Required Aircraft Registration

(1) All civil aircraft which meet the requirements of 67-3-201, MCA, and are customarily kept in this state must be registered by the owner with the Federal Aviation Administration (FAA) and the department prior to operation within this state.

(2) All civil aircraft must be initially registered by the owner with the department within the first 30 days of ownership.

(3) A registration fee under 67-3-206, MCA is assessed for each registration application or renewal, unless exempt by 67-3-102 or 67-3-201, MCA, or these rules.

(4) The aircraft owner is responsible for registration fees regardless of whether any registered agent, lessee, or other owner's agent has been identified.

(5) Registration must be renewed each year on or before March 1 upon payment of a renewal fee.

(6) No aircraft subject to Montana registration may operate in this state unless it displays a decal on the aircraft as visual proof of current registration.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-101, 67-3-102, 67-3-103, 67-3-201, 67-3-202, 67-3-203, 67-3-204, 67-3-206, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.307 Aircraft Initial Registration Process

(1) Initial registration for an aircraft is required when:

(a) the aircraft is newly purchased by an owner who intends to customarily keep the aircraft in Montana;

(b) the aircraft has previously been registered or kept in another state or country and is brought to Montana to be customarily kept in Montana; or

(2) Initial registration aircraft owners must contact the department to provide information for department calculation of the prorated fee and department issuance of the registration fee invoice. The owner must:

(a) provide the correct and current aircraft owner name (individual or entity), address, email address, and telephone number;

(b) provide responsible person's (e.g., agent, lessee, employee) name, address, email address, and telephone number if different from owner's information;

(c) provide a power of attorney or corporate authorization (if any) for the aircraft owner's designee to obtain an aircraft registration on the aircraft owner's behalf. All terms and conditions of the aircraft registration apply to an owner's designee;

(d) provide all required supplemental information or materials requested on the invoice;

(e) obtain an access code to pay online or elect to have an invoice mailed to the owner or designee to remit payment by check; and

(f) pay the correct non-refundable registration fee.

(3) Upon receipt of payment, the department shall mail a registration card and decal to the aircraft owner.

(4) Payments must be postmarked or online time-stamped no later than 30 calendar days from the date of invoice.

(5) The owner may request in writing a one-time hardship or unusual circumstances 30-day extension on the department's agency action form available on the department's website, without department imposition of penalty fees. The department may grant a properly requested extension, in writing, at its sole discretion. An extension is not a waiver of fees owed.

(6) If payment is not timely received, the department will assess a statutory penalty fee under 67-3-206, MCA of five times the registration amount, and send a delinquent payment notice.

(7) Fees not received within 14 days of issuance of a delinquency notice will be referred for collection action on the full penalty amount.

(8) Aircraft registration and registration fees are non-transferable. Each new aircraft owner must register the aircraft in the new owner's name and pay the appropriate prorated fees.

(9) Owners of aircraft which are statutorily exempt from registration fees may, prior to the invoice due date, submit a completed fee exemption affidavit, on the invoice provided by the department. Failure to provide a timely fee exemption affidavit will void the exemption and the department must assess and collect the full registration fee and penalty amount.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-101, 67-3-102, 67-3-103, 67-3-201, 67-3-202, 67-3-203, 67-3-204, 67-3-206, MCA, NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.308 Renewals

(1) All aircraft registrations must be renewed before March 1 of each calendar year. Registration of an aircraft in the owner's name for the year immediately preceding the year for which a registration renewal invoice is sent is prima facie evidence the aircraft has been based in Montana during the year for which registration renewal is sought by the department.

(2) The department sends an annual renewal notice via surface mail to each registered aircraft owner at the address listed in department records three months prior to the March 1 renewal date. Failure of the aircraft owner to advise the department of address changes may result in undeliverable mail and assessment of statutory penalty fees due to delinquent payments.

(3) If payment is not received, the department sends a second renewal notice prior to the March 1 renewal date.

(4) If payment is not received with a postmark or online time stamp prior to or on March 1, the department will assess a statutory penalty fee under 67-3-202, MCA of five times the registration amount added to the original registration fee and send a delinquent payment notice.

(5) Fees and assessed penalties not received within 14 days of issuance of a delinquency notice will be referred for collection action on the full fee plus penalty amount.

(6) Owners of aircraft which are statutorily exempt from registration fees must submit a completed fee exemption affidavit, on the invoice provided by the department, which must be received by the department on or before March 1 of each year. Failure to provide a timely fee exemption affidavit may void the exemption and the department must assess and collect the full registration fee and penalty amount.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-101, 67-3-102, 67-3-103, 67-3-201, 67-3-202, 67-3-203, 67-3-204, 67-3-206, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.314 Fees

(1) The appropriate fee in lieu of tax imposed on aircraft is based on the age and type of aircraft. The 67-3-206, MCA fee schedule is:

(a)

(b) Type 10 – Glider, Ultralight, Gyrocopter, Balloon, Homebuilt, Experimental Amateur Built, or Antiques (any aircraft over 40 years old) $30.

AIRCRAFT TYPE | MANUFACTURE DATE (Years) 0-5 | 6-10 | 11-20 | 21-30 | 31-40 Type 1 – Single Engine, Fixed Gear, 200 HP & under | $450 | $262.50 | $150 | $75 | $37.50 Type 2 – Single Engine, Fixed Gear, Over 200 HP | $750 | $375 | $225 | $112.50 | $75 Type 3 – Single Engine, Retractable Gear, 200 HP & under | $900 | $450 | $262.50 | $150 | $112.50 Type 4 – Single Engine, Retractable Gear, Over 200 HP | $1,050 | $600 | $300 | $187.50 | $150 Type 5 – Multi-Engine, Piston | $1,200 | $750 | $375 | $262.50 | $225 Type 6 – Helicopter, Piston | $1,050 | $675 | $337.50 | $225 | $187.50 Type 7 – Single Engine, Jet/Helicopter, Prop Jet | $2,250 | $1,050 | $675 | $450 | $262.50 Type 8 – Multi-Engine, Helicopter, Prop Jet | $3,000 | $1,500 | $900 | $600 | $300 Type 9 – Jet Engine, No Propeller (Fan) | $4,500 | $2,250 | $1,200 | $750 | $375

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-206, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.315 Fee Exemptions

(1) Aircraft newly registered with the FAA are invoiced on a prorated basis for the remaining calendar year between registration date on invoice and December 31.

(2) Owners of aircraft which are statutorily exempt from registration fees must complete the department's fee exemption affidavit on the invoice and provide proof of exemption status showing the aircraft is:

(a) dismantled or nonflyable;

(b) destroyed or salvaged;

(c) owned and held by an aircraft dealer solely for the purpose of resale and not used for any flights other than sales demonstration, for which the owner provides a current, valid FAA dealer certificate;

(d) sold to a different owner, for which the previous owner provides a valid FAA Bill of Sale;

(e) an aircraft registered with the FAA with a Montana address, for which the owner provides out-of-state registration information and documentation of out-of-state registration fee payment showing the aircraft is registered and customarily kept in another state or country;

(f) operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate or international transportation; or

(g) owned and operated by the federal government, the State of Montana, or any political subdivision of the State of Montana.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-101, 67-3-102, 67-3-201, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.316 Penalties – Waiver – Collection Action

(1) The department must assess a penalty of five times the annual registration fee for failure to renew an aircraft registration and submit full fee payment before March 1 each year, or initially register an aircraft within 30 days of the date of invoice.

(2) Under 67-3-202, MCA, a person who owns or causes or authorizes an aircraft to be operated or who operates an aircraft required to be registered in this state without displaying a decal of current registration issued by the department commits a misdemeanor.

(3) An aircraft owner may, at the department's sole discretion, receive department waiver of the late fee penalty, upon completion of the department's agency action form found on the department's website. The owner must meet the following criteria:

(a) be a member of the United States Armed Forces who is deployed and unable to receive a registration renewal invoice. A copy of military deployment orders must be submitted to the department; or

(b) owner provides documentation of legitimate inability to timely pay (e.g., medical situations).

(4) An aircraft owner who fails to pay all assessed registration fees and any assessed penalty fees by the appropriate deadline is subject to department collection actions. Collection actions may include:

(a) filing of judicial complaint seeking a judgment against the aircraft owner;

(b) all judicial collection remedies including seizure of personal or real property and garnishment of wages;

(d) department placement of an FAA lien against the aircraft title which shall not be released until the full assessed registration fees and all penalties are paid in full to the department.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-104, 67-3-202, 67-3-203, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Mont. Admin. R. 18.12.317 Request for Agency Action

(1) An aircraft owner requesting a one-time 30-day payment due date exception, or who disputes any portion of the registration process, including registration fee assessment or penalty assessment, must submit a request for agency action on a form provided by the department and available on the department's website. A due date exception request must be received by the department before the invoice due date for initial registrations, or before March 1 for renewal registration.

(2) The request for agency action must include:

(a) Aircraft FAA registration N number;

(b) FAA registered owner name (individual or entity);

(d) FAA registered owner telephone number;

(e) Responsible person's (e.g., agent, lessee, employee) name, address, email address, and telephone number if different from owner's information;

(f) Specific action or accommodation being requested; and

(g) Owner's basis for the request, including supporting information or documentation.

(3) The department may request additional information or documentation which must be supplied within 30 days, and if not timely received will result in denial of the owner's extension or claim.

(4) The department will issue its decision and provide the decision in writing within 30 days of receipt of a properly completed and supported request form.

(5) Department consideration of agency action requests is at its sole discretion. Owner completion of an agency action request does not automatically grant deadline extension or waiver of fees or penalties.

History

Authorizing statute(s): 67-3-101, MCA
Implementing statute(s): 67-3-104, 67-3-202, 67-3-203, MCA
History: NEW, 2020 MAR p. 184, Eff. 2/1/20.

Subchapter 18.12.7 Yellowstone Airport

Mont. Admin. R. 18.12.701 Operating Rules and Regulations

(1) Because the publication of operating rules of the Yellowstone Airport at West Yellowstone, Montana, would be unduly cumbersome, expensive or otherwise inexpedient, the department consents to the omission of the text of the rules from the code. Such rules may be obtained free of charge from the Division of Aeronautics, 2630 Airport Road, Helena, Montana 59620.

History

Authorizing statute(s): Sec. 67-2-102, MCA
Implementing statute(s): Sec. 67-3-301 and 67-3-302, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Comm. Affairs, Ch. 274, L. 1981, Eff. 7/1/81; TRANS, from Dept. of Commerce, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 2983, Eff. 11/8/96.

Subchapter 18.12.9 Courtesy Cars

Mont. Admin. R. 18.12.901 Application Process, Fees, and Deadlines

(1) The department may provide grant money from the department's special revenue account for the purchase of courtesy cars for use at qualified airports.

(2) All eligible applicants must complete the courtesy car grant application form found on the Department of Transportation's web site at www.mdt.mt.gov . Applications will be accepted by the Aeronautics Division annually between April 1 and May 31 of each year. Completed applications and all supplemental materials must be submitted electronically to the Aeronautics Division and must be received no later than May 31. Applications must be verified by an electronic signature. The deadline may be subject to change by the Aeronautics Division only after notification of any change is posted on the Department of Transportation's web site and sent to the official manager of record of every eligible airport.

(3) Each application must be complete and accompanied by all required supplemental materials. The application must be submitted by a qualified applicant and the proposed courtesy car program must be detailed in the application. The Aeronautics Division may reject ineligible, incomplete, or otherwise improper applications. The applicant is solely responsible for any incomplete, improperly edited, or erroneous information submitted as part of the application.

(4) All grant monies awarded under this program must be used to purchase a car for the municipality's or third party's courtesy car program. The applicant is responsible for retaining and providing documentation to ensure all grant monies received under the program are used as set forth within the application.

(5) There is no fee for any part of the application or review process.

History

Authorizing statute(s): 67-2-102, 67-10-903, MCA
Implementing statute(s): 67-10-901, 67-10-902, 67-10-903, 67-10-904, MCA
History: NEW, 2021 MAR p. 1912, Eff. 12/24/21.

Mont. Admin. R. 18.12.902 Evaluation, Selection, and Award

(1) The amount of the courtesy car grants available to be awarded each year shall be determined by the department annually and posted on the department's web site prior to the first date the annual courtesy car application is available on the web site.

(2) After the submission deadline for applications, the department will evaluate applications and award grants based on:

(a) the availability of alternate transportation;

(b) whether the applicant currently owns and operates any courtesy car(s);

(d) previous years' awards to the applicant; and

(e) number of annual airport take-offs and landings.

(3) The department will provide preference for the award of grants for vehicles that are accessible to persons with disabilities.

History

Authorizing statute(s): 67-2-102, 67-10-903, MCA
Implementing statute(s): 67-10-901, 67-10-902, 67-10-903, 67-10-904, MCA
History: NEW, 2021 MAR p. 1912, Eff. 12/24/21.

Chapter 18.13 Board of Aeronautics

Subchapter 18.13.4 Aeronautical Grant and Loan Program

Mont. Admin. R. 18.13.401 Policy and Purpose of Aeronautical Grant and Loan Program

(1) In the interest of fostering and promoting aviation and aeronautical purposes within Montana, the Montana Department of Transportation offers aeronautical grants and loans to eligible public sponsors as allowed in 67-1-301 , MCA. The Aeronautics Division oversees and administers this program. The program may provide cost sharing grants and low interest loans for any aeronautically related project. The Montana Aeronautics Board, whose members are appointed by the governor's office, has sole authority on the annual awarding of grant and loan monies. A portion of general aviation and airline gas tax revenues generated within the state of Montana provides the principal funding for this program.

History

Authorizing statute(s): 67-2-102, MCA
Implementing statute(s): 67-1-301, 67-1-304, 67-1-306, 67-1-307, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06.

Mont. Admin. R. 18.13.402 Definitions

(1) "Aeronautically related projects" means airport development or improvement projects, or projects which provide navigational aids, safety improvements, weather reporting services, and other aeronautical services for airports and landing fields and for the state's airways.

(2) "Grant" means an amount of money paid by the board from the aviation and airline gas tax state special revenue fund to an eligible recipient for aeronautically related projects, which does not require repayment of funds.

(3) "Loan" means an amount of money temporarily paid by the board from the aviation and airline gas tax state special revenue fund to an eligible recipient for aeronautically related projects, which requires repayment of the full amount at the interest rate and term set by the board.

(4) "Primary commercial service airport" means any airport that enplanes 10,000 or more scheduled passengers per year.

History

Authorizing statute(s): 67-2-102, MCA
Implementing statute(s): 67-1-301, 67-1-304, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06; AMD, 2024 MAR p. 2202, Eff. 9/21/24.

Mont. Admin. R. 18.13.403 Eligible Applicants

(1) Any state agency, local government, municipality or airport authority within the state of Montana is eligible to submit an application for aeronautical grant or loan monies.

(a) Federal entities are ineligible for grant or loan monies.

(b) Private persons, private corporations, and private entities are ineligible for grant or loan monies.

History

Authorizing statute(s): 67-2-102, MCA
Implementing statute(s): 67-1-301, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06.

Mont. Admin. R. 18.13.404 General Terms and Conditions

(1) All grant or loan monies awarded under this program must be utilized specifically for aviation or aeronautically related projects. The proposed projects must be detailed in an application submitted by a public sponsor, on a form provided by the board. The applicant is responsible for retaining and providing documentation to ensure all monies received under the program are spent as applied for within the application.

(2) Applicants may submit one application only for each eligible public sponsor. A single sponsor may apply for funding for multiple aeronautically related projects or for multiple separate categories of work within a project by listing separate line items for which a grant or loan is sought. Retroactive projects which have been completed before the date of application are also eligible for grants or loans. Separate projects or categories of work on each application shall be evaluated, reviewed, and selected for award individually, according to the board's priority process under ARM 18.13.406.

(3) Changes by the applicant to application information may be made at any time up to and including the date of the board's annual grant and loan review meeting, if the changes meet all original application requirements. Changes may include, but are not limited to: cost estimates, change in sponsor priorities of separate line-item categories of work, and other changes as allowed by the board. New projects or new categories of work which did not appear on the original application will not be considered by the board. Applications may be withdrawn by an applicant at any time.

(4) Grants may be awarded for up to and including 100% of an applicant's share of total project cost regardless of assistance from federal sources.

(5) Loans may be provided for up to and including 100% of an applicant’s share of total project cost regardless of assistance from federal sources.

(6) Loans will be provided for a period of ten years and amortized using the fixed principal method. Interest repayment rates for loans are one half of federal prime lending rate of the first week of January of the preceding fiscal year for which the loan is provided. Interest will be compounded annually. Repayments are made annually and are due in full, or prorated as necessary, by the last day of February of each year. Successful applicants have the option of paying off their loans in full at any time after payment of award without additional interest or penalty.

(7) Grant and loan recipients must follow the board's close-out procedure under ARM 18.13.407 at the conclusion of the eligible project or category of work approved by the board. A recipient of a grant or loan must retain all records of transactions and disbursements of grant or loan monies for a period of three years after completion of the project for which the grant or loan was awarded. By accepting a grant or loan, a recipient agrees that upon reasonable notice, the state of Montana may audit the records supporting the acquisition and disbursement of the grant or loan monies.

History

Authorizing statute(s): 67-2-102, MCA
Implementing statute(s): 67-1-301, 67-1-304, 67-1-306, 67-1-307, 67-1-309, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06; AMD, 2014 MAR p. 2458, Eff. 10/10/14; AMD, 2019 MAR p. 1525, Eff. 9/7/19.

Mont. Admin. R. 18.13.405 Application Process, Fees, and Deadlines

(1) All eligible applicants must complete the application form found on the Department of Transportation's web site at www.mdt.mt.gov. Paper copies of the application may be obtained by contacting the Aeronautics Division at P.O. Box 200507, Helena, MT 59620-0507. Applications for the next following fiscal year grant and loan program will be accepted by the Aeronautics Division at any time after July 1st of each year. Completed applications and all supplemental materials must be submitted electronically, by first class mail, e-mail, or hand delivery to the Aeronautics Division to be received or postmarked no later than November 15 of the appropriate year. The deadline may be subject to change by the Aeronautics Division after official notification of any change in the deadline that is posted on the Department of Transportation's web site and sent to the official manager of record of every eligible airport.

(2) Each application must be complete and accompanied by all required supplemental materials. The Aeronautics Division reserves the right to reject ineligible, incomplete, or otherwise improper applications. Applications submitted electronically via the Aeronautics Division's web site must be verified via electronic signature. The Aeronautics Division may request additional information if warranted after initial application review.

(3) There is no fee for any part of the application or review process.

(4) After the application submission deadline, the Aeronautics Division will review, organize, and disseminate all applications to the board. In addition, the Aeronautics Division will provide a summary analysis of those applications which shall include, at a minimum, the grant and/or loan amount requested by the airport, the cost of the project for which the grant or loan is being applied, as well as a rating according to the Federal Aviation Administration’s National Priority System.

(5) The applicant is solely responsible for any incomplete, improperly edited or erroneous information submitted as part of the application.

History

Authorizing statute(s): 2-15-2506, 67-1-103, 67-2-102, MCA
Implementing statute(s): 2-15-2506, 67-1-103, 67-1-301, 67-1-304, 67-1-307, 67-1-309, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06; AMD, 2014 MAR p. 2458, Eff. 10/10/14; AMD, 2025 MAR, Notice No. 2025-90, Eff. 10/11/25.

Mont. Admin. R. 18.13.406 Evaluation, Review, and Selection

(1) After the final submission deadline for applications, each board member will independently review each application prior to the board meeting.

(2) The board will hold an annual public grant and loan review meeting. Notice for the meeting will be in accordance with state law. The board may allow applicants, supporters or opponents to speak or provide for a presentation regarding applications during the meeting. The board will review and discuss applications and vote on disbursement of grant and loan monies during the public meeting.

(3) All funding discussions, priority setting, and grant or loan amount allocations will occur in a recorded public meeting so as to ensure complete transparency of the process. A publicly viewable spreadsheet will be used during the meeting to rank and track priorities as discussed by the board, assign allocations and ensure a fair and public assignment of grant and loan amounts to the applicant organizations. Extemporaneous information, such as the withdrawal of requests, change of requested amounts, and change of FAA allotments and funding priorities, along with other new information, is often introduced during the allocation process and discussion by the board. Given the variable nature of this information and in the interest of ensuring complete and fair disbursement of available funds, the distribution spreadsheet is dynamic up until the point of adoption, requiring a variable selection and scoring system.

(4) Projects which are specifically related to airports, airport development, and aviation/public safety will be given the highest priority when evaluating applications for aeronautically related projects. The board shall utilize the Federal Aviation Administration’s National Priority System as an initial rating to assist in the grant and loan award process, but not as the sole determinant, as the federal priorities may not align perfectly with state and local priorities.

(a) Additional factors for consideration when weighing award priorities may include project timing, local funding sources and constraints, technological advances, regional and federal aviation initiatives, and numerous other objective factors that may develop over time.

(b) Additional priority consideration will be given to the project’s positive impact on safe aeronautical operations at the airport, as well as the overall impact on the aviation community.

(5) The board shall use its unique expertise as members of Montana’s airport and aviation community to objectively award grants and loans to applicants based on the criteria in this rule. The board may offer applicants amounts higher or lower than the amounts requested in the applications. The board may offer grants in place of loans and vice versa.

History

Authorizing statute(s): 2-15-2506, 67-1-103, 67-2-102, MCA
Implementing statute(s): 2-15-2506, 67-1-103, 67-1-301, 67-1-304, 67-1-306, 67-1-307, 67-1-309, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06; AMD, 2019 MAR p. 1525, Eff. 9/7/19; AMD, 2025 MAR, Notice No. 2025-90, Eff. 10/11/25.

Mont. Admin. R. 18.13.407 Terms and Conditions of Successful Applicants

(1) Successful applicants will receive approved monies after the start of the appropriate fiscal year for which the money was approved.

(2) All grant or loan offers will expire and all grant or loan payments must be disbursed by the end of the fiscal year for which they were approved, unless the Montana Aeronautics Board has approved an extension for the offer. All requests for extension shall be submitted to the Montana Aeronautics Division to be received or postmarked no later than the third Friday in May. This deadline may be subject to change by the Aeronautics Division after official notification of any change in deadlines is posted on the Department of Transportation’s web site and sent to all affected grant or loan offer recipients.

(3) The Aeronautics Division must be in receipt of the appropriate documents listed below, or any combination as requested by the board in its grant or loan application approval, prior to disbursing payment for approved grants or loans. The Aeronautics Division will accept copies of an appropriate federal aid agreement directly from the Federal Aviation Administration. Other listed documents must be received directly from the grant or loan recipient before payment will be made by the Aeronautics Division. The Aeronautics Division will make payment upon receipt of all necessary documents.

(4) A grant for a nonfederally aided project must include:

(a) a signed grant agreement that includes signed approval of sponsor's attorney; and

(b) an official notice to proceed.

(5) A loan for a nonfederally aided project must include:

(a) a signed loan agreement that includes signed approval of sponsor's attorney; and

(b) an official notice to proceed.

(6) A grant for a federally aided project must include:

(a) a signed grant agreement that includes signed approval of sponsor's attorney; and

(b) a copy of federal aid agreement.

(7) A loan for a federally aided project must include:

(a) a signed loan agreement that includes signed approval of sponsor’s attorney; and

(8) If an applicant fails to submit required documentation necessary for disbursement, or requests an extension for disbursement but does not receive disbursement within the fiscal year for which the grant or loan was awarded, grants and loans will revert back to the same special aeronautics grant or loan account in the state special revenue fund from which they were originally appropriated. The reverted funds may then be awarded in the future to any successful applicant.

(9) Grants and loans awarded by the board for a fiscal year, but not disbursed to the applicant within that fiscal year, will revert to the same special aeronautics grant or loan account in the state special revenue fund from which they were originally appropriated to be used for future grant or loan awards to any applicant.

(10) Each grant or loan recipient must submit a close-out report and supporting documentation that adequately accounts for all expenditures, on a form provided by the board, within 30 days after closure of the project or board-approved category of work, or within one year after fund disbursement, whichever occurs earliest. If the project is not completed within one year following fund disbursement, the grant or loan recipient must provide a status report detailing the reason the project has not been closed, and projected closure date upon which the close-out report will be filed.

(11) The close-out report must include information on amount disbursed and amount actually spent on board-approved project work.

(12) Reimbursement from the recipient of grant or loan funds not actually spent on board-approved project work is required by the board.

(13) The board may pay any additional amount not previously disbursed, which may be due to the grant or loan recipient for board-approved work, up to the total amount awarded by the board.

(14) Any grant or loan recipient which fails to provide the close-out form, status report, or any requested reimbursement is not eligible for future grant or loan awards until the deficiency is remedied.

History

Authorizing statute(s): 2-15-2506, 67-1-103, 67-2-102, MCA
Implementing statute(s): 2-15-2506, 67-1-103, 67-1-301, 67-1-304, 67-1-307, 67-1-309, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06; AMD, 2014 MAR p. 2458, Eff. 10/10/14; AMD, 2025 MAR, Notice No. 2025-90, Eff. 10/11/25.

Mont. Admin. R. 18.13.408 Reconsideration of Board Decisions

(1) All requests for reconsideration of board decisions regarding grants or loans must be:

(a) in writing;

(b) made by an applicant regarding that applicant's own application; and

(2) The Aeronautics Division will distribute any request for reconsideration to the board. If a request for reconsideration is received, the board will schedule a meeting no later than 60 days after the deadline to submit a request for reconsideration. The board's decision on reconsideration is the final agency decision on the application.

History

Authorizing statute(s): 67-2-102, MCA
Implementing statute(s): 67-1-301, 67-1-304, 67-1-307, MCA
History: NEW, 2006 MAR p. 81, Eff. 1/13/06.

Chapter 18.14 Planning

Subchapter 18.14.2 Montana Scenic-Historic Byways Program

Mont. Admin. R. 18.14.201 Definitions

For the purpose of this subchapter, the following definitions apply:

(1) "Commission" means the Transportation Commission provided for in 2-15-2502, MCA.

(2) "Department" means the Department of Transportation provided for in Title 2, chapter 15, part 25, MCA.

(3) "Local government" means a county, a consolidated government, an incorporated city or town, a school district, or a special district.

(4) "Scenic-historic byway" means a public road or segment of a public road that has been designated as a scenic-historic byway by the commission, as provided in 60-2-601, MCA.

(5) "Tribal government" means a federally recognized government of any Indian tribe, nation, or other organized group, which owns land and has a reservation in Montana.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601, 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05; AMD, 2025 MAR, Notice No. 2025-232, Eff. 11/8/25.

Mont. Admin. R. 18.14.203 Montana Scenic-Historic Byways

(1) Montana's scenic-historic byways program will have two tiers of designation:

(a) Improved and paved roads that accommodate two-wheel drive vehicles would be designated as Montana byways.

(b) Less improved roads that may require four-wheel drive or high clearance vehicles would be designated as Montana backways.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601 and 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05.

Mont. Admin. R. 18.14.204 Scenic-Historic Byway Nomination

(1) In order for a roadway to be nominated as a scenic-historic byway, local government or tribal government must prepare an application that follows the rules and procedures provided by the Montana department of transportation by the date specified for submittal each year.

(2) The application must adhere to the requirements for scenic-historic byway designations.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601 and 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05.

Mont. Admin. R. 18.14.205 Requirements of Scenic-Historic Byway Designation

(1) The commission may designate roads to be included as part of the programs and may add or delete roads from the program.

(2) The commission may not designate a road as a scenic-historic byway without the concurrence of the affected local governments or tribal governments and the agencies responsible for maintenance and operation of the road.

(3) All land abutting the scenic-historic byway must be either in tribal government ownership within the boundaries of an Indian reservation or in public ownership.

(4) The application shall contain an explanation of the manner in which the byway meets one or more of the intrinsic qualities. In addition, in the application the local government or tribal government shall set forth, to the extent possible, how the scenic-historic byway designation will:

(a) enhance the experience of the traveling public;

(b) stimulate or allow for economic development and new marketing strategies; and

(5) The proposed scenic-historic byway must possess at least one of the following intrinsic qualities:

(a) scenic;

(b) natural;

(d) cultural;

(e) archeological; or

(f) recreational.

(6) The proposed scenic-historic byway must be an existing road that can safely accommodate expected traffic volumes.

(7) The proposed designation must have concurrence and approval of the application from local governments, tribal governments and agencies with jurisdiction of the road and adjacent to the road.

(8) The application shall contain a conceptual plan. This conceptual plan for the corridor shall describe the process in which a corridor plan is to be developed. The components to be included in the conceptual plan are how the nominating organization proposes to:

(a) enhance and protect the scenic-historic byway;

(b) develop essential services; and

(c) promote and market the byway on the local and regional level. A corridor management plan may be substituted for the conceptual plan.

(9) A corridor management plan must be developed or in development within two years of a scenic-historic byway designation. A scenic-historic byway will not be signed or indicated on the state tourism map until the corridor management plan is complete. The corridor management plan shall:

(a) serve as a visioning tool to provide direction for enhancing and marketing the corridor, but not as:

(i) a land management document;

(ii) zoning tool or mandate;

(iii) highway improvement scoping or prioritization document; or

(iv) highway management document;

(b) accommodate commerce and commercial vehicles;

(d) preclude the local or tribal government having adopted the corridor management plan from establishing goals or commitments outside the local or tribal government's jurisdiction; and

(e) accommodate all jurisdictions affected or to be affected.

(10) A scenic-historic byway should be as continuous as possible; however, all government entities shall have the right to require that a portion of a proposed scenic-historic byway abutting in their jurisdiction be excluded from designation.

(11) Each scenic-historic byway must have a management group to provide long-term oversight and marketing for the road.

(12) The proposed route must be approved by the commission.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601, 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05; AMD, 2025 MAR, Notice No. 2025-232, Eff. 11/8/25.

Mont. Admin. R. 18.14.207 Nomination of Montana State Byway Designations for National Designation

(1) Once a road is designated and signed as a Montana scenic-historic byway, local government or tribal government officials can nominate the road for designation as a national scenic byway or all-American road by completing the requirements for nomination provided by the United States department of transportation.

(2) National designation applications must be submitted to the Montana scenic-historic byways coordinator to be approved by the Montana transportation commission and forwarded to the federal highway administration.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601 and 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05.

Mont. Admin. R. 18.14.208 Removal of Montana State Byway Designation

(1) The two circumstances that allow for a scenic-historic byway to be removed from designation are:

(a) voluntary removal when local government or tribal government no longer wants its designation; and

(b) nonconformance removal when the scenic-historic byway loses the intrinsic values specified in original nomination for designation.

(2) Removal of scenic-historic byway designation requires:

(a) local governments, tribal governments, and stakeholders to follow steps and procedures provided by the Montana Department of Transportation; and

(b) a vote of the Montana Transportation Commission.

History

Authorizing statute(s): 60-2-602, MCA
Implementing statute(s): 60-2-601, 60-2-602, MCA
History: NEW, 2005 MAR p. 93, Eff. 1/14/05; AMD, 2025 MAR, Notice No. 2025-232, Eff. 11/8/25.

Subchapter 18.14.3 Administration of an Emergency Medical Service Grant

Mont. Admin. R. 18.14.301 Definitions

For the purposes of this subchapter and administering the Emergency Medical Service Providers Grant Program, and unless the context expressly indicates otherwise, the following definitions apply:

(1) "Emergency situation" means a documented emergency as determined by the Montana Department of Transportation Director, which includes, but is not limited to, the following:

(a) an accident that renders a vehicle or equipment inoperable and nonrepairable; or

(b) a vehicle or equipment breakdown that requires temporary substitutes during repairs to the primary vehicle or equipment.

(2) "Majority" means 51% or greater.

(3) "Match" means a cash match. A 10% match is required.

(4) "Routine medical supplies" means disposable, single-use supplies.

(5) "Training" means equipment for required training to maintain certifications, initial or ongoing emergency medical technician training, or continuing education.

History

Authorizing statute(s): 61-2-506, MCA
Implementing statute(s): 61-2-503, 61-2-504, 61-2-505, 61-2-506, 61-2-507, MCA
History: NEW, 2010 MAR p. 649, Eff. 3/12/10.

Mont. Admin. R. 18.14.302 Criteria for Review

(1) An application for a grant to acquire or lease an ambulance or emergency response vehicles or equipment funds must include a statement indicating how the emergency medical service meets the following criteria. A proposed budget must be submitted with the application indicating how grants will be used.

(2) The department will review applications and rank based on the following weighted criteria:

(a) 50% -demonstrated need, including fleet status;

(b) 5% -size of the geographic area;

(d) 5% -distance from the closest hospital;

(e) 5% -number of calls in the previous calendar year;

(f) 5% -number of volunteer emergency medical technicians on the active duty roster; and

(g) 25% -percentage of medical calls that are vehicle related.

History

Authorizing statute(s): 61-2-506, MCA
Implementing statute(s): 61-2-504, 61-2-506, MCA
History: NEW, 2010 MAR p. 649, Eff. 3/12/10.

Mont. Admin. R. 18.14.303 Reasons for Not Allowing a Grant

(1) The allowable reasons for not awarding a grant are:

(a) ineligible applicant or application;

(b) higher scoring applicants receive funding;

(d) failure to provide the 10% match; or

(e) granting authority ends.

(2) Any applicant may dispute the denial of an application for a grant. The applicant must submit in writing a letter appealing the decision to the director of the Montana Department of Transportation within 30 days of the applicant receiving notification of the department's decision. The director will conduct a review of the process and funding decision. A decision will be issued by the Montana Department of Transportation based on the director's findings. That decision will be the final agency decision.

History

Authorizing statute(s): 61-2-506, MCA
Implementing statute(s): 61-2-503, 61-2-505, 61-2-506, MCA
History: NEW, 2010 MAR p. 649, Eff. 3/12/10.

Mont. Admin. R. 18.14.304 Emergency Fund

(1) An emergency fund of up to 5% shall be made available on an annual basis. Awards will only be made based on the emergency situation as provided in the definitions.

History

Authorizing statute(s): 61-2-506, MCA
Implementing statute(s): 61-2-506, 61-2-507, MCA
History: NEW, 2010 MAR p. 649, Eff. 3/12/10.

Mont. Admin. R. 18.14.305 Acquisition of Capital and Reporting Requirements

(1) Grant recipients must use the ambulance specifications for emergency medical services found in ARM Title 37, chapter 104, subchapter 3.

(2) Successful applicants must report on various accounting or data items as required by Montana Department of Transportation.

History

Authorizing statute(s): 61-2-506, MCA
Implementing statute(s): 61-2-506, MCA
History: NEW, 2010 MAR p. 649, Eff. 3/12/10.

Chapter 18.15 Motor Fuels Tax

Subchapter 18.15.1 Administration

Mont. Admin. R. 18.15.101 Definitions

The following definitions apply in this chapter:

(1) "Act" means the "Ethanol Tax Incentive and Administration Act," Title 15, chapter 70, part 5, MCA.

(2) "Alternative fuel" means a gas, liquid, or other fuel as defined in 15-70-701, MCA.

(3) "Alternative fuel dealer" means a person who is licensed or required to be licensed under 15-70-702, MCA, who delivers alternative fuel into the fuel supply tank or tanks of a motor vehicle.

(4) "Automobile" is a self-propelled passenger vehicle that usually has four wheels and an internal combustion engine and is not a pick-up truck or truck. This vehicle is commonly referred to as a car or automobile.

(5) "Bulk storage" means a container or tank holding any fuels for storage, other than the supply tank of a motor vehicle or any internal combustion engine or motor fuel placed in storage at refineries or pipeline terminals.

(6) "Combination" is a motor vehicle used, designed, or maintained for transportation of persons or property and has two or more axles whose gross weight exceeds 26,000 pounds or a combination of vehicles whose combined licensed weight exceeds 26,000 pounds.

(7) "Consecutive twelve months" means state fiscal year, July 1 through June 30.

(8) "Department" means the Department of Transportation.

(9) "Division" means the administration division, Department of Transportation.

(10) "EDI" means Electronic Data Interchange.

(11) "EFT" means Electronic Funds Transfer.

(12) "Gross earned agricultural or farm income" means all taxable income and wages, before expenses, a person or business receives from: cultivating, operating, or managing a farm for gain or profit, either as owner or tenant; operating a livestock, dairy, poultry, fish, fur-bearing animals, or horticultural commodities business; operating a feed yard for the fattening of cattle; operating a fruit or truck farm; operating an agricultural commodities business; operating a plantation, ranch, range, nursery or orchard; and sale of crop shares if the person materially participates in producing the crop.

(13) "Gross earned income" means all taxable income and wages, before expenses, a person or business earns from: services, sale of goods, working for someone, or working in a business the person owns or operates. Examples of gross earned income generally include but are not limited to: wages, salaries, tips, and other taxable employee pay; union strike benefits; long-term disability benefits received prior to minimum retirement age; earnings from self-employment if the person owns or operates their own business; and gross income received as a statutory employee. Examples of gross income that are not considered earned include: passive income, such as interest, dividends, and capital gains; retirement income; social security; unemployment benefits; alimony; and child support.

(14) "Informal review" means a review by department staff to consider information and make a recommendation for disposition of an assessment or other notice to the appropriate agency administrator.

(15) "Notice" means a notice provided to the taxpayer as follows:

(a) "assessment notice" means a notice of an amount owed to the department, which may include, but is not limited to, a notice of refund reduction, notice of audit findings, tax debt, fine, penalty or interest assessment, or similar action;

(b) "notice of intent to revoke a license" means a violation of motor fuel tax or International Registration Plan statutes or rules administered by the department;

(c) "notice of cancellation" means a notice provided to a distributor, IRP, IFTA, or other department fuel tax licensee of the department's intent to cancel the license;

(d) "notice of refund reduction" means a notice stating a taxpayer's refund will be reduced from the claimed amount.

(16) "Pick-up truck" is a vehicle licensed under a flat gross vehicle weight (GVW) fee and has a manufacturer's rated capacity of 1/4 ton, 1/2 ton, 3/4 ton, or one ton. This vehicle, regardless of how it is registered and plated, is also commonly known as a pick-up truck, van, or sport utility vehicle.

(17) "Point specified" for purposes of the starting point of the temporary special fuel agricultural permit means the point where the person first crosses the border into Montana.

(18) "Radius" for purposes of measuring the area of the temporary special fuel agricultural permit is measured in air miles.

(19) "Seizure list" means a list containing the names of companies appearing on the warning list that have been issued a notice to appear for improperly importing fuel.

(20) "Special fuel" as defined in 15-70-401, MCA, includes diesel fuel, stove oils, heating oils, burner fuels, kerosene, or any other combination of hydrocarbon fuels used for the operation of motor vehicles, except fuels subject to the gasoline license tax or to the license tax on vehicles operated by liquefied petroleum gas or compressed natural gas.

(21) "Taxpayer" means "Person" as described in 15-70-401(18), MCA.

(22) "Truck" is a vehicle licensed under graduating gross vehicle weight (GVW) fees and has a manufacturer's rated capacity exceeding one ton, but not exceeding 46,000 pounds.

(23) "Warning list" means a list established and maintained by the department indicating that a warning notice has been issued to a transporter for improperly importing fuel.

(24) "Written plan" means a detailed proposed business plan providing information that allows the department to estimate the ethanol incentive tax reservation of funds.

History

Authorizing statute(s): 15-70-104, 15-70-115, 15-70-522, MCA
Implementing statute(s): 15-70-403, 15-70-419, 15-70-426, 15-70-430, 15-70-455, 15-70-501, 15-70-502, 15-70-503, 15-70-511, 15-70-512, 15-70-513, 15-70-514, 15-70-521, 15-70-522, 15-70-523, 15-70-527, MCA
History: NEW, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2018 MAR p. 588, Eff. 3/17/18; AMD, 2020 MAR p. 2238, Eff. 12/12/20; AMD, 2024 MAR p. 1621, Eff. 7/6/24.

Mont. Admin. R. 18.15.102 Motor Fuel Tax Interest Not Waived

(1) Interest on any motor fuel taxes that are paid late will not be waived or suspended.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-417, MCA
History: NEW, 1999 MAR p. 513, Eff. 3/26/99; AMD, 2014 MAR p. 968, Eff. 5/9/14; TRANS from ARM 18.9.701, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.103 Payment Application

(1) Partial payments for a customer's tax liability, including credits, apply as directed by the customer as to account type, period, or otherwise.

(2) If customer direction is not provided, the payment is applied in full to the oldest period first in the following order:

(a) first to tax (dollar for dollar until satisfied);

(b) second to interest (if due); and

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-417, 15-70-418, MCA
History: NEW, 1999 MAR p. 513, Eff. 3/26/99; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.9.703, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.104 Notices - Review - Hearing

(1) The department shall issue a notice to a taxpayer as follows:

(a) an assessment notice, stating an amount owed to the department;

(b) notice of intent to revoke or suspend, stating any violation of fuel tax or International Registration Plan statutes or rules;

(d) notice of refund reduction.

(2) The notice shall advise the taxpayer of the right to request review of or hearing on any notice.

(3) Notices are sent via U.S. mail or email to the taxpayer address on file with the department.

(4) An assessment notice in an amount exceeding $500, is sent via certified mail to the taxpayer's address on file with the department.

(5) If the taxpayer agrees with the notice, the matter is resolved upon compliance with, or acceptance of, the terms set forth in the notice.

(6) If the taxpayer disagrees with the notice, the taxpayer must submit a written request to the department for informal review or formal hearing within 30 days of receipt of the notice, as follows:

(a) A taxpayer may request an informal review by completing the informal review request form on the department's website.

(b) A taxpayer may request a formal hearing by written request.

(c) The request for review or hearing must be postmarked or received electronically within 30 days of the date of receipt of the notice. An extension to the deadline may be granted if both parties agree.

(d) Failure to respond within 30 days is an admission the debt in the assessment notice is due and owing, or the department determination in the notice is accepted.

(7) Informal review consists of pertinent department staff reviewing the taxpayer's request, information provided, and applicable laws and rules and making a recommendation to the appropriate department administrator. The administrator shall issue a written agency decision, which shall be mailed to the taxpayer, as follows:

(a) If the department concurs with the taxpayer, the matter is resolved by withdrawing or revising the notice.

(b) If the department disagrees with the taxpayer, the agency decision shall explain the reasons for the agency decision, in writing, and notify the taxpayer of the right to request a formal hearing. The agency decision may include an assessment for any balance owing. All agency decisions will be sent to the taxpayer through certified mail.

(c) A written request for formal hearing after informal review must be submitted to the department within 30 days of receipt of the agency decision. The taxpayer forfeits the right to a formal hearing if the taxpayer fails to submit a written request for formal hearing within the 30-day period.

(8) A formal hearing consists of a contested case proceeding under the Montana Administrative Procedure Act. After hearing or settlement, a final agency decision is issued, which may include an assessment if a balance is owing. All final agency decisions will be sent to the taxpayer through certified mail.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-417, MCA
History: NEW, 2018 MAR p. 588, Eff. 3/17/18.

Mont. Admin. R. 18.15.108 Coordination of Tax Return with Payment of Tax by Eft

(1) To ensure proper receipt and credit of tax return and payment of tax, the department shall assign a unique license number to each taxpayer account based upon the taxpayer identification number provided to the department by the taxpayer. Both the tax return and payment are credited to the specific account identified within the department's electronic file, on receipt.

History

Authorizing statute(s): 15-70-115, MCA
Implementing statute(s): 15-70-115, MCA
History: NEW, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.109 Electronic Filing Standards and Methods

(1) The department shall adopt the Federation of Tax Administrators (FTA), Motor Fuels Tax Section; Uniformity Project standards to receive electronic funds transfer messages, and electronic data interchange which allows receipt of filed tax returns and other required information for taxpayers licensed under 15-70-402, MCA. A copy of the FTA Uniformity Project standards may be obtained at www.taxadmin.org/uniformity-project .

(2) The department shall adopt Motor Fuel Licensing/Reporting Guidelines and post a copy on the department's web page. The department shall provide each taxpayer with instruction to find the guidelines. The department shall notify each licensed taxpayer of any changes prior to implementation of those changes.

(3) A taxpayer may file the required 15-70-410, MCA, monthly statement by EDI, by manually entering detailed schedule information on the department's motor fuel system's web pages, or on paper forms prescribed by the department, for a taxpayer who qualifies under these administrative rules.

(4) The department may contract with a vendor to provide an electronic filing option to taxpayers licensed under the International Fuel Tax Agreement (IFTA) pursuant to 15-70-121, MCA. The department shall provide IFTA Reporting Guidelines to a taxpayer upon licensing and shall notify a licensed taxpayer of any changes prior to implementation of these changes.

History

Authorizing statute(s): 15-70-115, MCA
Implementing statute(s): 15-70-115, MCA
History: NEW, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.110 Electronic Funds Transfer

(1) A taxpayer licensed under 15-70-402, MCA, may pay electronically by either Automated Clearing House (ACH) credit or ACH debit, and may change methods with no restriction by the department. A taxpayer must provide the department reasonable time to initiate ACH debit by providing accurate banking information at least five days prior to the payment due date as prescribed in 15-70-113, MCA.

(2) A taxpayer licensed under 15-70-121, MCA, may pay electronically through the State of Montana contracted electronic payment process, by any method(s) offered by the contractor.

(3) An electronic funds transfer message must include the company name, account number, and tax period(s) being paid to ensure proper receipt and credit of the payment.

History

Authorizing statute(s): 15-70-115, MCA
Implementing statute(s): 15-70-115, MCA
History: NEW, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.111 Late File and Pay Penalties When Filing Electronically

(1) An electronic payment is considered late and is subject to the penalties under 15-70-121 and 15-70-417, MCA, when it is not received by the state's designated depository by 11:59 p.m. on the day that it is due as required under 15-70-113, MCA.

(2) If an electronic payment is initiated by the department and it arrives late through no fault of the licensee, and there were sufficient funds to cover the licensee's motor fuel tax liability, no penalty or interest shall be assessed.

(3) A motor fuel tax return that is submitted electronically to the department is considered late if it is not received by 11:59 p.m. on the day it is due as required under 15-70-121 and 15-70-410, MCA.

(4) When an electronic payment is received late or when a payment that is initiated by the department does not have sufficient funds in the account, interest is charged from the first day after the payment due date.

History

Authorizing statute(s): 15-70-104, 15-70-115, MCA
Implementing statute(s): 15-70-113, 15-70-114, 15-70-115, 15-70-410, 15-70-417, MCA
History: NEW, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.9.705, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.117 Department Determination of Cost Effectiveness for Account Write-Off

(1) The department may write-off any tax, penalty, or interest, when the department determines it is no longer cost effective to attempt further collection. The reason for the write-off must be documented in either the system notes or the hard file.

(2) The department's decision to write-off collection of accounts is based on the following:

(a) the department's inability to locate delinquent taxpayers to properly provide notification of assessments or the taxpayer's right to a hearing;

(b) the department's inability to reduce the assessment to a judgment lien by filing a warrant for distraint within a reasonable time;

(c) the anticipated cost of collection significantly exceeds the projected amount of recovery in accordance with existing department collection policies;

(d) the time period for collection provided by law has expired; or

(e) the taxpayer is deceased and the department is unable to locate either an estate or pending probate, or any property or other assets vested in the taxpayer's name.

(3) Unpaid tax obligations are not forgiven and are still payable after the department writes off the obligation and discontinues collection efforts. The department will not actively incur further expense to attempt collection on these obligations, but may resume active collection of an account if:

(a) the time period for collection of the assessment or a filed warrant for distraint has not expired; and

(b) the department receives information which significantly changes the original basis for write-off.

(4) The financial condition of a delinquent taxpayer is not considered for write-off of an obligation unless one or more of the elements set forth in (2) is present, or unless a properly completed closing agreement has been authorized.

(5) Upon the final decision of a United States bankruptcy court, barring further collection of a debt, the department shall write off the obligation and permanently discontinue collection of any tax, penalty, or interest.

History

Authorizing statute(s): 15-70-105, MCA
Implementing statute(s): 15-70-105, MCA
History: NEW, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.118 Determination of Public Roads and Highways

(1) Streets, roads, highways, alleys, county roads, county gravel roads, forest service roads (except forest service development roads) and their related structures are accepted as public roads as defined in 15-70-401, MCA. A public road may be under new construction, reconstruction, relocation, or repair, even though it is not recognized as part of the maintained highway system.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; TRANS & AMD from ARM 18.10.103, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.119 Liability for Use on Government Maintained Roads

(1) Gasoline and special fuel, as referred to in Title 15, chapter 70, MCA, must be taxed when consumed in the operation of a motor vehicle upon public roads or the rights-of-way of which are owned by the state, county, municipality, or other governmental agency regardless of who performs the maintenance thereon.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.10.104, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.126 Seizing Improperly Imported Fuels

(1) If an MCS officer determines that the transporter, consignor, or consignee is not a licensed fuel distributor in the state of Montana, and the transporter, consignor, or consignee is listed on the warning list, the MCS officer shall issue a notice to appear to the transporter, consignor, or consignee for violation of 15-70-402, MCA, for improperly importing fuel. Upon conviction, the company's name must be placed on the seizure list.

(2) If an MCS officer determines that a load of fuel should be seized, the officer shall first obtain verification and approval from one of the department officials in the following order of precedence:

(a) Administrator, administration division;

(b) Administrator, motor carrier services division;

(d) Area captain, Motor Carrier Services Division.

(3) Upon obtaining approval to seize a load of fuel, an MCS officer shall escort the load to the nearest location designated by the department official authorizing seizure.

(4) If the operator of the transport tanker carrying the seized fuel refuses to operate the vehicle and unload it at the location designated by the MCS officer, the officer shall:

(a) Notify the transport company of the seizure and give it 12 hours to provide another driver to operate the vehicle and unload the tanker at the location specified by the MCS officer; or

(b) Request that a towing company tow the entire tanker to the towing company's location to be impounded at the towing company's lot by the MCS officer.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-419, MCA
History: NEW, 1998 MAR p. 964, Eff. 4/17/98; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.11.102, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.127 Notification of Seizure of Fuel

(1) The department shall notify the transporter, consignor, and consignee in writing by certified mail within 48 hours of seizure that a load of fuel has been seized.

(2) Any transporter, consignor, and/or consignee with a claim to interest or title to the seized fuel must make a written request for a hearing within 30 calendar days after the date of seizure. Claims received after 30 days are automatically denied.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-419, MCA
History: NEW, 1998 MAR p. 964, Eff. 4/17/98; TRANS & AMD from ARM 18.11.103, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.128 Conduct of Hearing for Claim or Title to Seized Fuel

(1) Upon receipt of a timely filed claim or request for hearing, the department shall schedule a hearing at department headquarters in Helena, Montana, or to be held by telephone, within five working days of the receipt of the claim or request. All proper parties shall be notified of the hearing date in writing within two working days of the hearing date.

(2) The hearing is conducted by a hearing examiner designated by the department.

(3) The hearing must be conducted, a determination as to interest or title to the fuel made, and disposition of the seized fuel completed under 15-70-419, MCA.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-419, MCA
History: NEW, 1998 MAR p. 964, Eff. 4/17/98; TRANS & AMD from ARM 18.11.104, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.129 Determination of Wholesale Price of Fuel

(1) The price the department charges a contracted licensed distributor for seized fuel shall be no less than the wholesale price as determined by this rule.

(2) The wholesale price of seized fuel shall be determined by averaging the price of fuel from three major refineries in the state of Montana on the day the fuel was seized.

(3) If the load of seized fuel contains more than one type of fuel, an average price will be determined for each type of fuel seized and the total values of each type of fuel will be added together to determine the wholesale value of the load of fuel.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-419, MCA
History: NEW, 1998 MAR p. 964, Eff. 4/17/98; TRANS & AMD from ARM 18.11.105, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.130 Contracting for Purchase of Seized Fuel

(1) The department's purchasing bureau shall contract for the purchase and disposition of seized fuel.

(2) The following requirements shall be included in any contract for the purchase and disposition of seized fuel:

(a) The distributor must be able to accept an entire load of fuel at a single location within 12 hours of notification by the department that a load of seized fuel is available.

(b) The distributor may bid on the award of contracts in any or all of the department's 5 districts. Seized fuel may be unloaded at a location within the district where the fuel was seized or at a location in an adjoining district, whichever is closer. The location must be able to accept the entire load of fuel.

(c) Any distributor awarded a contract for purchase and disposition of seized fuel shall accept into storage all grades of gasoline, clear diesel fuel, dyed diesel fuel, aviation fuel, and kerosene.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-419, MCA
History: NEW, 1998 MAR p. 964, Eff. 4/17/98; TRANS & AMD from ARM 18.11.106, 2016 MAR p. 1849, Eff. 10/15/16.

Subchapter 18.15.2 Distributor's License Tax

Mont. Admin. R. 18.15.201 Determination of When Gasoline, Special Fuel, or Aviation Fuel Distributed

(1) When gasoline, special fuel, or aviation fuel is withdrawn from a refinery or pipeline terminal in this state, the gasoline, special fuel, or aviation fuel shall be deemed to be distributed by the distributor who is the owner of the gasoline, special fuel, or aviation fuel prior to the time of withdrawal, unless the gasoline, special fuel, or aviation fuel is withdrawn for shipment or delivery to a licensed distributor, in which case it shall be deemed distributed by the first licensed distributor to receive the gasoline, special fuel, or aviation fuel after it has been withdrawn from the refinery or pipeline terminal.

(2) The gasoline, special fuel, or aviation fuel imported into this state (other than gasoline, special fuel, or aviation fuel placed in storage at refineries or pipeline terminals) shall be deemed to be distributed after it has arrived in and is brought to rest in this state by the person who is the owner of the gasoline, special fuel, or aviation fuel at the time the gasoline, special fuel, or aviation fuel is unloaded. However, if the owner is not licensed as a Montana distributor and if the gasoline, special fuel, or aviation fuel was shipped or delivered into this state by a person who is licensed as a distributor, then the gasoline, special fuel, or aviation fuel shall be deemed to be distributed by the licensed distributor.

(3) Any tax-free exchange of gasoline, special fuel, or aviation fuel between licensed distributors may occur only once.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, 15-70-403, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.9.101, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2026 MAR, Notice No. 2026-105, Eff. 7/25/26.

Mont. Admin. R. 18.15.202 Distributor's Bond

(1) Gasoline, special fuel, or aviation fuel distributors must furnish the Department of Transportation a corporate surety bond executed by the distributor as principal with a corporate surety authorized to transact business in this state or other collateral security or indemnity. The total amount of bond or collateral security or indemnity must be equivalent to twice the distributor's estimated monthly gasoline, special fuel, or aviation fuel tax, in no case greater than $100,000.

(2) The department may require a distributor to post an additional bond not to exceed twice the distributor's estimated monthly gasoline, special fuel, or aviation fuel tax who has in the previous 12 month period:

(a) been delinquent for more than ten days for more than one reporting period;

(b) has given the state a nonsufficient fund check and whose nonsufficient fund check was returned in result of a bank error more than twice;

(d) the department's review indicates that the required distributor's records are inadequate.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-402, MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/74; AMD, 1984 MAR p. 1631, Eff. 11/16/84; AMD, 1986 MAR p. 823, Eff. 5/16/86; AMD, 1990 MAR p. 122, Eff. 1/12/90; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2961, Eff. 12/10/10; TRANS & AMD from ARM 18.9.102, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.203 Distributor's Statements

(1) Every distributor must file a monthly distributor's license tax report, on a form furnished by the department within the time prescribed by 15-70-410, MCA. Supporting detail schedules on forms furnished by the department must accompany the distributor's license tax report, with all letters of explanation of credit deduction and the payment of the license tax due.

(2) Electronic filing, in the format required by the department, will be accepted.

(3) A licensed distributor who is subject to 15-70-410, MCA, must file electronically in a format prescribed by the department. Licensed distributors who report a combination of 99,999 gallons or less of gasoline and/or special fuel within a year may choose to file electronically or on paper forms prescribed by the department.

(4) Each distributor must report the amount of gasoline and special fuel distributed and received in gross gallons on the monthly tax return that is filed with the Department of Transportation.

(5) The distributor must use the bill of lading number generated by the originating terminal to report each load of fuel.

History

Authorizing statute(s): 15-70-104, 15-70-115, MCA
Implementing statute(s): 15-70-112, 15-70-113, 15-70-114, 15-70-115, 15-70-410, MCA
History: Eff. 12/31/72; AMD, 1984 MAR p. 1631, Eff. 11/16/84; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; AMD, 2010 MAR p. 650, Eff. 3/12/10; TRANS & AMD from ARM 18.9.103, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.204 Distributor's Records

(1) Every distributor importing, manufacturing, refining, dealing in, transporting, or storing fuel in this state must maintain and keep records, receipts, invoices, including electronic format data, and other pertinent papers the department requires. Every distributor must provide for a period of three years the following:

(a) stock summary showing the monthly totals for the gallons of all gasoline, special fuel, or aviation fuel handled within this state with an analysis as to inventories, receipts, sales, use, transfers, and shipments; and

(b) receipt journals, refinery production journals, sales journals, and copies of all invoices, bills of ladings, or other documents of supporting information.

(2) Every refinery and terminal in the state must submit to the department monthly a copy of each bill of lading issued at the time of withdrawal, or the terminal operator report, upon request. The department may waive the hard copy in lieu of electronic filing format.

History

Authorizing statute(s): 15-70-104, 15-70-115, MCA
Implementing statute(s): 15-70-112, 15-70-113, 15-70-114, 15-70-115, 15-70-411, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.9.104, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.205 Distributor's Invoice

(1) Except as provided in (2), any distributor who sells and delivers gasoline, special fuel, or aviation fuel in this state must issue an original invoice at the time of delivery to the purchaser. Each invoice must contain the following:

(a) a preprinted consecutive number, except when invoices are automatically assigned a consecutive number by a computer or similar machine when issued;

(b) name and address of the distributor;

(d) date of delivery;

(e) type of fuel;

(f) gallons invoiced--those common terms used or known to measure gasoline, special fuel, or aviation fuel such as temperature corrected at 60 degrees (net), and gross (cubical, volumetric, and shell);

(g) origin;

(h) destination;

(i) price per gallon and total amount charged;

(j) to establish that the tax has been charged, at least one of the following:

(i) the U.S. dollar amount of tax;

(ii) the rate of tax; or

(iii) a statement that the Montana tax is included in the price.

(2) For direct shipments accounted for on the monthly distributor's statement to the Department of Transportation, the original invoice may be issued to the purchaser at the time of billing.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-411, 15-70-412, MCA
History: Eff. 12/31/72; AMD, Eff. 11/5/73; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.105, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.210 Wholesale Distributor

(1) As used in these rules, the term "wholesale distributor" and "wholesale distribution" includes any person who:

(a) purchases gasoline, special fuel, or aviation fuel and subsequently sells and delivers the gasoline, special fuel, or aviation fuel to retailers in bulk quantities in this state; and

(b) elects to become licensed under 15-70-401, MCA, to assume the Montana state gasoline, special fuel, or aviation fuel tax liability and the other obligations of a "distributor" pursuant to Title 15, chapter 70, part 4, MCA, and these rules.

(2) The terms "wholesale distributor" and "wholesale distribution" do not include any person who is a producer or importer.

(3) The term "wholesale distribution" does not include a parent corporation or company that sells gasoline, special fuel, or aviation fuel only to its wholly owned subsidiary service stations.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, MCA
History: NEW, 1983 MAR p. 1929, Eff. 12/30/83; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.9.108, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.211 Wholesale Distributor's Obligations

(1) A wholesale distributor must comply with all the laws, rules, and other obligations which are imposed on a "distributor" of gasoline, special fuel, or aviation fuel.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, 15-70-402, MCA
History: NEW, 1983 MAR p. 1929, Eff. 12/30/83; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.9.109, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.217 Ethanol-Blended Gasoline Blenders

(1) Pursuant to 15-70-401, MCA, a person who blends ethanol with gasoline to produce ethanol-blended gasoline is a "distributor" if no tax has been paid on the ethanol or gasoline blended to produce ethanol-blended gasoline. As a distributor, the ethanol-blended gasoline blender is responsible for paying the tax on all the ethanol and gasoline which has not been taxed and which is used to produce ethanol-blended gasoline. If the person qualifies as a distributor solely on the basis of blending ethanol and gasoline, the person is a distributor only with respect to the ethanol and gasoline used to produce ethanol-blended gasoline.

(2) The blending of ethanol with gasoline to produce ethanol-blended gasoline does not make the ethanol-blended gasoline blender a distributor for the purpose of the payment of the tax due on gasoline not blended with ethanol to produce ethanol-blended gasoline. If the ethanol-blended gasoline blender receives gasoline upon which no tax has been paid and not used to produce ethanol-blended gasoline, the blender must qualify as and meet all the requirements to be either a distributor under 15-70-401, MCA, or a "wholesale distributor" under 15-70-401, MCA, and pay the tax.

(3) The ethanol-blended gasoline blender must comply with all the laws and rules which apply to distributors.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, MCA
History: NEW, 1985 MAR p. 1245, Eff. 8/30/85; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS & AMD from ARM 18.9.111, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.218 Treatment of Ethanol-Blended Gasoline

(1) For the purposes of Title 15, chapter 70, MCA, reference to gasoline includes ethanol-blended gasoline (regardless of where produced and how produced). Gasoline and ethanol-blended gasoline are taxed at the rate specified in 15-70-403, MCA.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, 15-70-403, MCA
History: NEW, 1980 MAR p. 972, Eff. 3/14/80; AMD, 1983 MAR p. 997, Eff. 7/29/83; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS & AMD from ARM 18.9.401, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.219 Ethanol Content

(1) A product consisting of 100% anhydrous ethanol is not considered to be ethanol-blended gasoline.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, MCA
History: NEW, 1980 MAR p. 972, Eff. 3/14/80; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS & AMD from ARM 18.9.403, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.225 Incidence of the Fuel Tax

(1) The incidence of the distributor's license tax is on the distributor and not on the user. Fuel is not exempt from taxation because the ultimate user or consumer is an agency of the United States government, including the United States armed forces, Montana, or other states, counties, incorporated cities and towns, and school districts of this state, or any other entity, group, or individual.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-402, MCA
History: NEW, 1986 MAR p. 823, Eff. 5/16/86; READOPT, 1986 MAR p. 2012, Eff. 12/12/86; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.116, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.226 Distributor - Supporting Documentation for Bad Debt Credit

(1) A credit claim for taxes paid on accounts for which the distributor received no compensation must accompany documents or copies of documents showing the accounts were worthless and claimed as bad debts on the distributor's federal income tax return. Any further information pertaining to claim must be furnished as required by the department.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-425, 15-70-432, MCA
History: NEW, 1989 MAR p. 1282, Eff. 9/1/89; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.9.117, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.227 Prepayment of Motor Fuel Taxes

(1) A licensed distributor may overpay its known motor fuel tax liability. The overpayment must be designated as such by the distributor. The credit balance created by the overpayment will apply to future tax deficiencies if the gasoline, special fuel, or aviation fuel is reported and tax is paid within 30 days of the due date.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-417, MCA
History: NEW, 1989 MAR p. 2068, Eff. 12/8/89; AMD, 1991 MAR p. 468, Eff. 4/12/91; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.9.118, 2016 MAR p. 1849, Eff. 10/15/16.

Subchapter 18.15.3 Exemptions From Distributor's License Tax

Mont. Admin. R. 18.15.302 Export Deliveries

(1) If the delivery is placed into storage in this state and later distributed at a point outside this state, the exporter may not claim credit for the petroleum cleanup fee.

History

Authorizing statute(s): 15-70-104, 75-11-319, MCA
Implementing statute(s): 15-70-403, 15-70-425, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.202, 2016 MAR p. 2417, Eff. 10/15/16; AMD, 2026 MAR, Notice No. 2026-105, Eff. 7/25/26.

Mont. Admin. R. 18.15.303 Import Deliveries

(1) If a distributor ships gasoline, special fuel, or aviation fuel into Montana and delivers the fuel directly to another distributor before the fuel passes through the pipeline storage in this state, the delivering distributor must report the transaction as an import and as a sale to another licensed distributor.

(2) The licensed distributor who receives the gasoline, special fuel, or aviation fuel from the importer is considered the first receiver and is liable for the tax.

(3) If distribution between distributors takes place outside the state and the receiving distributor ships the gasoline, special fuel, or aviation fuel into Montana, the receiving distributor must report the import into pipeline storage or as a direct delivery to a customer.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-403, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.203, 2016 MAR p. 2417, Eff. 10/15/16; AMD, 2026 MAR, Notice No. 2026-105, Eff. 7/25/26.

Mont. Admin. R. 18.15.304 Blending Stocks

(1) Distributors may transfer casinghead or catalytic blending stocks to other licensed distributors without the payment of tax; provided these products will be used for blending purposes only and the blended product will be distributed as either gasoline or special fuel.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-401, 15-70-403, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.204, 2016 MAR p. 2417, Eff. 10/15/16.

Mont. Admin. R. 18.15.305 Exemption - U.s. and Other States

(1) Licensed distributors making sales of gasoline, special fuel, or aviation fuel, to the United States government or a state entity FOB rack for use by the purchaser out of the state of Montana must report the sale as a credit to the amount of gasoline, special fuel, or aviation fuel distributed on the distributor's monthly statement as an export required by 15-70-410, MCA.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-403, 15-70-410, MCA
History: NEW, 1990 MAR p. 1717, Eff. 8/31/90; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.9.205, 2016 MAR p. 1849, Eff. 10/15/16.

Subchapter 18.15.4 Refunds of Gasoline and Special Fuel Tax

Mont. Admin. R. 18.15.401 Seller's Invoice

(1) Any person, who sells and delivers gasoline or special fuel to a purchaser on which a refund may be claimed, must issue an invoice at the time of delivery. Only one invoice may be issued for each delivery. If all information is not provided on the invoice at the time of delivery, the applicant may provide a copy of the corresponding billing statement with the invoice that supports the missing information. Each invoice and accompanying billing statement collectively must contain or show the following:

(a) name and address of seller;

(b) name or account number of purchaser;

(d) type of fuel;

(e) number of gallons or liters purchased;

(f) price per gallon or liter, or total amount of sale;

(g) unit number of the vehicle; and/or

(h) identification of the equipment or bulk storage that the gasoline or special fuel is placed into if it is fueled by other than a cardlock. Examples include, but are not limited to, fuel cans, slip tanks, tractors or bobcats.

(2) Any person who requests a refund or credit of motor fuel tax must have evidence that the Montana motor fuel tax was included in the total fuel price paid.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-411, 15-70-412, 15-70-426, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2001 MAR p. 2143, Eff. 10/26/01; AMD, 2004 MAR p. 2278, Eff. 9/24/04; TRANS & AMD from ARM 18.9.302, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.402 Filing Invoices

(1) No altered or corrected invoice will be accepted for refund purposes when errors occur. The original invoice must not be altered or corrected but must be voided and a new original invoice issued. All altered or corrected invoices must be marked void and retained by the seller for a period of at least three years from date issued.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-426, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.9.303, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.408 Refund Percentages for Pto or Auxiliary Engines

(1) The following percentages are allowed for the refund of gasoline or special fuel used in operating a PTO or auxiliary engines when the above records are maintained. The amounts are specified as a percentage of the total taxable fuel used by the vehicle. Work performed in accordance with 15-70-403(6) or (7), MCA, is not eligible for a refund. The percentages are:

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-426, MCA
History: NEW, 1996 MAR p. 913, Eff. 4/5/96; AMD, 1999 MAR p. 645, Eff. 4/9/99; TRANS & AMD from ARM 18.9.306, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.409 Lost or Destroyed Gasoline, Special Fuel, or Aviation Fuel

(1) The department reserves the right to demand from a person claiming a refund under the provisions of 15-70-425, 15-70-426, 15-70-432, or 15-70-434, MCA, that positive proof be submitted of the exact amount of the loss and facts indicating the gasoline, special fuel, or aviation fuel was never used on the highway or in the air. In offering this proof, the following procedures apply:

(a) The claim for refund must accompany the invoice covering the purchase of gasoline, special fuel, or aviation fuel.

(b) A notarized statement citing the circumstances covering the loss and how the amount of gasoline, special fuel, or aviation fuel lost was determined.

(c) Substantiating records must be available to reveal and account for the amount of gasoline, special fuel, or aviation fuel lost.

(d) Affidavits from individuals witnessing or involved in the loss of gasoline, special fuel, or aviation fuel must be obtained and available to the department.

(2) The distributor may not claim a refund for the petroleum cleanup fee.

History

Authorizing statute(s): 15-70-104, 75-11-319, MCA
Implementing statute(s): 15-70-425, 15-70-426, 15-70-432, 15-70-434, MCA, Eff. 12/31/72
History: TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.311, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.410 Gasoline, Special Fuel, or Aviation Fuel Lost from Storage

(1) In cases where gasoline, special fuel, or aviation fuel is placed into a storage tank or similar facility and the gasoline, special fuel, or aviation fuel is lost as a result of a leak in either the tank, the line, or the pump connected to the tank or facility, the Department of Transportation is under no obligation to refund the tax if a taxpayer fails:

(a) to immediately notify the department of the loss; or

(b) to comply strictly with the procedures provided in ARM 18.15.409; or

(2) The distributor may not claim a refund for the petroleum cleanup fee.

History

Authorizing statute(s): 15-70-104, 75-11-319, MCA
Implementing statute(s): 15-70-425, 15-70-426, 15-70-432, 15-70-434, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.312, 2016 MAR p. 2417, Eff. 10/15/16.

Mont. Admin. R. 18.15.411 Processing Claims for Refunds

(1) If any claim or any part of a claim is rejected, the department may, after investigation, require the claimant to file an amended statement or provide supporting documentation before action is taken under the following terms:

(a) Supporting documentation must be provided within 30 days after the request, or the refund request will be denied, and the claimant must re-submit the claim within the time allotted in 15-70-432 MCA; and

(b) If a refund has already been paid and no supporting documentation is submitted upon request, the department will send an invoice to the claimant for repayment.

(2) If the taxpayer submits an amended claim, the claim is reasonable, and the taxpayer has furnished substantial proof, the department in its discretion may accept the amended claim.

(3) A taxpayer may, on the taxpayer's own initiative, file an amended claim. If the claim is reasonable and the taxpayer has furnished substantial proof, the department, in its discretion, may accept the claim.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-432, 15-70-434, MCA
History: Eff. 12/31/72; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1996 MAR p. 913, Eff. 4/5/96; TRANS & AMD from ARM 18.9.321, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2019 MAR p. 1380, Eff. 8/24/19.

Mont. Admin. R. 18.15.412 Agricultural Use Fuel Tax Refund

(1) The use of gasoline or special fuel by a person who earns income while engaged in the business of farming or ranching, which qualifies as agricultural use, may apply for a refund of the applicable tax on the gallons of gasoline or special fuel used in carrying on a trade or business of farming, ranching, or other agricultural purposes. An applicant may claim a fuel tax refund according to the ratio of the applicant's gross earned agricultural or farm income to the total gross earned income, excluding unearned income.

(2) An application for an agricultural use fuel tax refund shall include the applicant's appropriate state or federal tax return (based on type of entity) with supporting federal forms, schedules, and statements for one of the three previous tax years.

(3) To determine an applicant's eligibility for fuel tax refund under 15-70-430, MCA, the ratio between the gross earned agricultural or farm income to the total gross earned income must be determined as follows:

(a) Gross earned agricultural or farm income is determined using a combination of the following federal Internal Revenue Service (IRS) or state of Montana tax information, including but not limited to:

(i) Schedule F – gross income less custom hire;

(ii) Form 4835 – gross farm rental income and active participation;

(iii) Form 1065(partnerships) – any third-party payments, gross receipts or sales and other income with corresponding statements showing agriculture;

(iv) Form 1120 (corporations) – total of third-party payments and gross receipts or sales and other income with corresponding statements;

(v) Form 1120s (corporations) – total of third-party payments and gross receipts or sales and other income with corresponding statements;

(vi) Federal farm schedule – gross income less custom hire and miscellaneous income;

(vii) 1099-MISC – crop insurance proceeds; or

(viii) Form 4797 – gross sales of agricultural products.

(b) Gross earned income is determined by using the applicant's gross earned agricultural or farm income plus a combination of the following federal IRS or state of Montana tax information, including but not limited to:

(i) Form 1040 –wages, salaries, tips;

(ii) MT Form 2 – wages, salaries, tips;

(iii) Schedule C – total gross receipts;

(iv) 1099-MISC – other income, fishing boat proceeds and nonemployee compensation;

(v) K-1 (1120S) – ordinary business income;

(vi) K-1 (Form 1065) – taxable income from passive activities and taxable income from other activities;

(vii) Schedule F – custom hire;

(viii) Federal farm schedule – custom hire; or

(ix) Form 1065 (partnerships) – any third-party payments, gross receipts or sales and other income not agriculture.

(4) All federal tax forms are available on the IRS web site at www.irs.gov . All state of Montana tax forms are available on the Montana Department of Revenue web site at www.revenue.mt.gov .

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-430, MCA
History: NEW, 2012 MAR p. 888, Eff. 4/27/12; TRANS & AMD from ARM 18.9.326, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.418 Cardtrol Compliance and Administration

(1) A special fuel seller is responsible for payment of the tax on dyed special fuel dispensed through a cardtrol, keylock, or similar device from an unattended pump or dispensing unit if the seller knows the fuel is sold to a customer who places the fuel directly into the supply tank of a vehicle not defined as or considered an off-road vehicle as defined in these administrative rules.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-441, MCA
History: NEW, 1987 MAR p. 1565, Eff. 9/11/87; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 1298, Eff. 4/9/99; TRANS & AMD from ARM 18.10.406, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.419 Statement for Keylock Cardtrol Reporting

(1) Any seller who sells gasoline or special fuel to a purchaser through a keylock or cardtrol on which a refund may be claimed in accordance with 15-70-430, MCA, shall provide the purchaser with a statement of fuel purchased. The statement may be prepared as frequently as deemed necessary, but one statement must be issued at least every 30 days.

(2) Electronic transaction reports shall be provided to the purchaser with a statement of fuel purchased on which a refund may be claimed in accordance with 15-70-430, MCA. The statement may be prepared as frequently as deemed necessary, but one statement must be issued at least every 30 days.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-426, 15-70-430, 15-70-432, MCA
History: NEW, 1989 MAR p. 1284, Eff. 9/1/89; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; TRANS & AMD from ARM 18.10.407, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2019 MAR p. 1380, Eff. 8/24/19; AMD, 2023 MAR p. 671, Eff. 7/8/23.

Subchapter 18.15.5 Dyed Fuel

Mont. Admin. R. 18.15.501 Estimate of Diesel Powered Vehicles Supply Tanks

(1) When a diesel powered vehicle is found to have dyed fuel in the supply tank(s) and has been traveling on public roads, the department will assess the special fuels tax on each of the diesel powered vehicle's supply tank(s) as if the tank(s) were full.

(2) When assessing the special fuel tax on a diesel powered vehicle, the following average supply tank capacities will be used:

(a) 17 gallons for an automobile;

(b) 27 gallons for a pick-up truck;

(d) 100 gallons for a combination.

(3) All assessments of the special fuel tax on diesel vehicles will be rounded for the convenience of the taxpayer and the department.

(4) The operator or owner of the vehicle may request a hearing if they disagree with the assessed amount.

History

Authorizing statute(s): 15-70-104, 61-10-155, MCA
Implementing statute(s): 15-70-403, 15-70-411, 61-10-141, MCA
History: NEW, 2001 MAR p. 2147, Eff. 10/26/01; TRANS & AMD from ARM 18.10.108, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.502 Off-Highway Vehicle/Equipment

(1) For the purpose of this rule, an "off-highway or off-road vehicle" is defined as a vehicle not designed to transport persons or property upon the public roads and highways of this state, including special mobile (SM) plated vehicles and vehicles with physical characteristics intended for primary use in an off-road manner which may or may not be licensed as special equipment. These vehicles may occasionally move on the public road for purposes such as movement between job sites or repair.

(2) There will be no restriction for miles traveled on the highway from location to location, so long as such travel is occasional and for those purposes listed above.

(3) SM-plated vehicles/equipment that have undyed diesel in the supply tank and move on the public roads do not qualify for a refund for the portion used on public roads.

(4) In order to obtain a refund for off-road or off-highway equipment fueling at a service station, the station must identify on the invoice, receipt or statement the off-road or off-highway piece of equipment being fueled.

History

Authorizing statute(s): 15-70-104, 15-70-441, MCA
Implementing statute(s): 15-70-441, MCA
History: NEW, 1999 MAR p. 645, Eff. 4/9/99; TRANS, from ARM 18.9.322, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.10.110, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.503 Dyed Special Fuel Allowance

(1) The department will allow the state of Montana, cities, counties, school districts, and federal and tribal governments to use dyed, low sulphur special fuel on the public roads if the following criteria are met:

(a) The vehicles are owned by a governmental entity (state of Montana, city, county, school district, federal or tribal government); or

(b) The vehicles are leased by the governmental entities (state of Montana, city, county, school district, federal or tribal government) and the lease terms meet the criteria for a "long term lease."

History

Authorizing statute(s): 15-70-104, 15-70-441, MCA
Implementing statute(s): 15-70-401, 15-70-441, MCA
History: NEW, 1999 MAR. p. 645, Eff. 4/9/99; TRANS, from ARM 18.9.323, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.10.111, 2016 MAR p. 2417, Eff. 10/15/16.

Mont. Admin. R. 18.15.504 Dyed Special Fuel

(1) The department has adopted the following provisions relating to dye color and concentration requirements for tax-exempt diesel fuel, excluding buses and governmental vehicles.

(a) In Montana red dye will be used to identify all tax-exempt special fuel, regardless of the sulfur content of that fuel. Colored special fuel from Canada will be considered tax exempt if the dye concentration has been approved by the Canadian authorities, but it may not be used on public roads.

(b) The special fuel will satisfy the federal dyeing requirement if it contains the dye solvent red 164 at a concentration spectrally equivalent to 3.9 pounds per thousand barrels of the solid dye standard solvent red 26 or contains any dye of a type and in a concentration that has been approved by the commissioner of internal revenue service. The presence of dye at a concentration of 2.0 milligrams per liter (mg/l), or greater is considered to be in violation of 15-70-441, MCA.

(2) Dyed special fuel can be purchased tax free in Montana and Canada, but it is illegal to use it on the public roads, regardless of where it was purchased, except for the movement of off-road vehicles traveling from one location to another as indicated in these administrative rules and any vehicles described in these administrative rules.

(3) The department will allow a grace period of ten days from the date of a dyed fuel inspection that resulted in a violation to remove the presence of dye from a vehicle before a subsequent violation may be issued. After the grace period, the operator of the vehicle may be cited for violation of 15-70-441, MCA.

(4) Use of high sulphur dyed special fuel on public roads is prohibited by the federal environmental protection agency (EPA).

(5) Contractors may not store or use non-taxed diesel in equipment, motor vehicles, and stationary engines used upon public roads or within any public road project limits as defined in 15-70-403, MCA, unless the fuel has been declared to the department. Contractors in violation of this section are subject to penalties upon conviction as defined in 15-70-443, MCA, and may be suspended for up to six months from participating in future department contracts.

(6) The dye must be injected by means of a mechanical injection process to diesel fuel at the terminal rack. All dyed special fuel sold in, imported to, or exported from the state of Montana shall have dye added in accordance with federal requirements of type and quantity and will be injected by mechanical injection systems or by a system approved by the department.

(7) Exceptions:

(a) If a mechanical injection system is inoperative, the terminal may "splash dye" special fuel for tax free sales. Terminals must notify the department on the first working day after the injection system becomes inoperative. The terminal shall note on each invoice and bill of lading that the fuel is splash dyed and file a separate fuel tax report for splash dyed fuel. The terminal shall keep records of the date and time the dye injection system became inoperative and when the injection system was made operational. All records shall be kept and be available for inspection upon request of the department or representative.

(b) If a mechanical injection system should inject an insufficient amount of dye to meet state and federal standards, the terminal may splash dye keeping the same records as in (a).

(c) The terminal operator or his designated representative may splash dye under the above conditions. Each terminal shall keep a record of persons conducting splash dying. Transport drivers shall not be listed as persons conducting splash dying.

(d) Special fuels splash dyed and not meeting all of the above standards shall be considered by the state as undyed fuel and the terminal responsible for splash dying the fuel shall be liable for all tax, penalty and interest on the fuel.

History

Authorizing statute(s): 15-70-104, 15-70-441, MCA
Implementing statute(s): 15-70-443, MCA
History: NEW, 1999 MAR p. 645, Eff. 4/9/99; TRANS and AMD, from ARM 18.9.324, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.10.112, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2024 MAR p. 1621, Eff. 7/6/24.

Subchapter 18.15.6 International Fuel Tax Agreement

Mont. Admin. R. 18.15.601 Ifta Agreement

(1) The department adopts and implements the International Fuel Tax Agreement (IFTA) as set forth in 15-70-121, MCA.

History

Authorizing statute(s): 15-70-104, 15-70-121, MCA
Implementing statute(s): 15-70-121, MCA
History: NEW, 1999 MAR p. 645, Eff. 4/9/99; AMD, 2004 MAR p. 2278, Eff. 9/24/04; TRANS from ARM 18.10.106, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.602 Quarterly Reports - Tax Payment - Revocation

(1) Every special fuel user licensed under the International Fuel Tax Agreement (IFTA) pursuant to 15-70-121, MCA, must file with the department, on forms prescribed by the department, a report showing the amount of fuel used during the calendar quarter. Calendar quarters end on the last day of March, June, September, and December. The reports and applicable tax payments are due on or before the last day of the month following the close of a calendar quarter.

(2) Every special fuel user licensed under IFTA, must submit the quarterly tax report regardless of the fuel usage. Failure to file the quarterly tax report or to pay the applicable tax due in the time prescribed in (1) is sufficient cause for revocation of the IFTA license. The department shall revoke the IFTA license if the required tax report or tax payment is not submitted to the department within 60 calendar days of the due date.

(3) The department may revoke or deny the renewal of an IFTA license for a period of one year when it determines the licensee has failed to file a tax return or pay the tax due according to the due dates established in (1), more than three times within a three year period. A late filing and payment for the same quarterly filing period constitutes one non-compliance event.

(4) An IFTA license revoked in error will be reinstated.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1984 MAR p. 1632, Eff. 11/16/84; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS & AMD from ARM 18.10.121, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.603 Ifta License Bond Requirement

(1) The department may require IFTA licensees, or others as determined by the department, who fail to timely file a fuel tax return(s) or timely pay fuel tax liability to post a bond equivalent to twice the licensee's estimated quarterly tax liability, but not less than $500. The bond may be a surety, a certificate of deposit, or cash.

(2) The department may require a licensee to post a bond for non-compliance events including:

(a) three late quarterly filings in a three-year period; or

(b) non-payment or late payment of the tax liability of an IFTA quarterly tax return two or more times in a four-quarter period.

(3) A new bond may be required for each non-compliance infraction.

(4) The bond requirement will be removed and the bond released after three years if the licensee has timely complied with all applicable statutes and rules for those three years.

(5) The department, in its sole discretion, may waive the bond requirement if the late filing or the nonpayment was not in the control of the licensee.

(6) Failure to post a required bond within 30 days of issuance of an IFTA bond requirement notice may result in revocation of the IFTA license.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, MCA
History: NEW, 2004 MAR p. 2278, Eff. 9/24/04; TRANS & AMD from ARM 18.10.124, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2018 MAR p. 588, Eff. 3/17/18; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.610 Termination of an Ifta License

(1) Upon ceasing operations in Montana, each special fuel user licensed under IFTA, shall:

(a) Submit a final return with the original license;

(b) Pay all tax, penalty, and interest due;

(2) Any attempt to use a canceled license is considered a violation of 15-70-121, MCA, and subjects the violator to the penalty provisions of 15-70-458, MCA.

(3) When the user's IFTA license is revoked for noncompliance, the license must be surrendered and returned with reports through the date of the revocation. Any attempt to use a revoked license is considered a violation of 15-70-121, MCA, and subject to the penalty provisions of 15-70-458, MCA.

(4) An invalid IFTA license list is maintained by the department and is distributed to all motor carrier services officers in Montana. An IFTA license on the invalid list or a reproduction of such a license is subject to confiscation by enforcement officers, and a citation may be issued.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, MCA
History: Eff. 12/31/72; AMD, Eff. 11/5/73; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1984 MAR p. 1632, Eff. 11/16/84; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 1298, Eff. 4/9/99; TRANS & AMD from ARM 18.10.313, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.611 Confiscation of Certain License Copies

(1) A reproduced copy of an IFTA license that is not clear and legible is invalid and is subject to confiscation by motor carrier services division personnel, and authorized employees of the department. The person from whom the license is confiscated may operate the vehicle by obtaining a clear and legible copy of the license or by purchasing a temporary trip permit pursuant to 15-70-455, MCA.

(2) Confiscation of a reproduced copy of a Montana IFTA license under this rule does not affect the validity of the original license issued by the department.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, 15-70-455, MCA
History: NEW, 1980 MAR p. 1089, Eff. 3/28/80; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.10.314, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.612 Failure to Maintain Records

(1) In the event a special fuel user fails to retain the required records for fuel used in internal combustion engines to produce materials used on taxable projects, the department shall use the industry standard or other available information for special fuel usage by the internal combustion engines to calculate the formula for which reports are being made. In the event no industry standards are available, the following ampg standards will be used:

(a) trucks and truck tractors whose manufacturers gross vehicle weight rating is 9,000 lbs. or more, 4.0 ampg;

(b) pickups and trucks whose manufacturers gross vehicle weight rating is 6,000 lbs. or less than 9,000 lbs., 10 ampg; and

(2) The formula to compute fuel used to produce materials for taxable projects:

(a) Asphalt is composed of 94% aggregate (1 cu yd = 1.88 tons).

(b) Concrete is composed of 75% aggregate (1 cu yd = 2 tons) .28 gallons per ton is based on industry average (.13 gallons per ton may be used if electrical power is purchased from a commercial source).

Concrete: 100 cu yd of concrete = 200 tons

200 tons X .75 = 150 tons of aggregate

150 tons X .28 = 42 gallons (diesel generator)

150 tons X .13 = 19.5 gallons (electrical power)

Asphalt: 100 cu yd of asphalt = 188 tons

188 tons X .94 = 176.72 tons of aggregate

176.72 tons X .28 = 49.5 gallons

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-121, 15-70-403, MCA
History: Eff. 12/31/72; AMD, 1980 MAR p. 1089, Eff. 3/28/80; AMD, 1984 MAR p. 1632, Eff. 11/16/84; AMD, 1988 MAR p. 1545, Eff. 7/15/88; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1999 MAR p. 645, Eff. 4/9/99; AMD, 2010 MAR p. 2814, Eff. 12/10/10; TRANS & AMD from ARM 18.10.324, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Subchapter 18.15.7 Ethanol Tax Incentive

Mont. Admin. R. 18.15.701 Ethanol Distributors

(1) It is the responsibility of the ethanol distributor, including anyone who imports ethanol, to collect and remit to the department the tax that is due on the ethanol pursuant to 15-70-403, MCA.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-512, 15-70-523, MCA
History: NEW, 1983 MAR p. 997, Eff. 7/29/83; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS & AMD from ARM 18.9.501, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.702 Processing of the Tax Incentive Payment

(1) The ethanol distributor shall make one application, on forms available from the administration division, for the payment of the tax incentive to the division not later than the 25th day of the calendar month following the month or months during which the ethanol was sold and delivered to the ethanol-blended gasoline dealer or ethanol purchaser. The ethanol distributor may not submit more than one application during a month. If ethanol is omitted from one month's application, it may be applied for in the application for a subsequent month.

(2) The application must be accompanied by the original or a copy of the production records and invoices for all the ethanol for which the ethanol distributor is applying for the tax incentive payment.

(3) The application must contain:

(a) the name of the ethanol distributor;

(b) the license number of the ethanol distributor;

(c) the total number of gallons of ethanol manufactured, exported, or imported by the distributor during the preceding calendar month;

(d) the name of each ethanol-blended gasoline dealer to whom the ethanol was sold;

(e) the gasoline distributor license number of the ethanol-blended gasoline dealer;

(f) the number of gallons of ethanol sold to each dealer or purchaser; and

(g) the date and the place the ethanol was blended with gasoline to produce ethanol-blended gasoline.

(4) If the application includes ethanol which was exported from Montana prior to being blended with gasoline to produce ethanol-blended gasoline, the application must be accompanied by a certificate of blending from the ethanol purchaser on a form which is furnished by the division. The certificate must be completed and signed by the out-of-state ethanol purchaser and must include:

(a) the license number or numbers, if any, of the purchaser in the state or states where the ethanol-blended gasoline was distributed;

(b) the address and telephone number of the ethanol purchaser;

(c) the number of gallons of ethanol-blended gasoline which were produced by the purchaser from the ethanol which was produced in Montana;

(d) the statement that the ethanol was blended with gasoline at a ratio of at least one gallon of ethanol to nine gallons of gasoline; and

(e) the name, license number, and address of the person who actually blended the ethanol with gasoline and the number of gallons of ethanol-blended gasoline which was produced if he is not the ethanol purchaser.

(5) The application must be sent to:

Administration Division

Department of Transportation

2701 Prospect

P.O. Box 201001

Helena, MT 59620-1001

(6) If the information on the ethanol tax incentive payment application by the ethanol distributor does not match the information on the gasoline distributor's report or other information supplied to the division, the division will withhold payment of the ethanol tax incentive until such time as the division can determine the accuracy of the ethanol tax incentive application.

(7) The report may include an application for refund of the basic gasoline license tax on gasoline which was used to denature ethanol. The application for refund shall include:

(a) the gallons of ethanol which were denatured by the ethanol distributors;

(b) gallons of gasoline used in denaturing; and

(8) Original bills of lading, or invoices, or copies shall be attached to each report which contains an application for refund of the basic gasoline license tax on gasoline which was used to denature ethanol.

History

Authorizing statute(s): 15-70-104, 15-70-522, MCA
Implementing statute(s): 15-70-522, MCA
History: NEW, 1985 MAR p. 173, Eff. 2/15/85; AMD, 1985 MAR p. 1247, Eff. 8/30/85; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 1998 MAR p. 3113, Eff. 11/20/98; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS from ARM 18.9.603, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.703 Offsets

(1) The division shall offset against any ethanol tax incentive payments which are due under the act:

(a) any overpayment or unauthorized payment made on prior ethanol tax incentive applications; and

(b) any finally assessed tax due from the ethanol distributor under Title 15, MCA.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-523, MCA
History: NEW, 1985 MAR p. 173, Eff. 2/15/85; TRANS, from Dept. of Revenue, Ch. 512, L. 1991, Eff. 7/1/91; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS from ARM 18.9.605, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.710 Quarterly Reports

(1) The department may require quarterly reports from the applicant to ensure ethanol implementation is on schedule.

History

Authorizing statute(s): 15-70-104, 15-70-522, MCA
Implementing statute(s): 15-70-512, 15-70-522, MCA
History: NEW, 1998 MAR p. 3113, Eff. 11/20/98; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS from ARM 18.9.606, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.711 Cancellation or Denial of License

(1) The department may cancel or deny a license if it is discovered that the applicant has provided inaccurate information to the department.

History

Authorizing statute(s): 15-70-104, 15-70-522, MCA
Implementing statute(s): 15-70-511, 15-70-522, MCA
History: NEW, 1998 MAR p. 3113, Eff. 11/20/98; TRANS from ARM 18.9.607, 2016 MAR p. 1849, Eff. 10/15/16.

Mont. Admin. R. 18.15.712 Use of Montana Products

(1) The payment of the ethanol tax incentive will be based solely on the percentage of Montana products, including Montana wood or wood products, that are used in the production of anhydrous ethanol.

History

Authorizing statute(s): 15-70-522, MCA
Implementing statute(s): 15-70-522, MCA
History: NEW, 1998 MAR p. 3113, Eff. 11/20/98; AMD, 2010 MAR p. 2815, Eff. 12/10/10; TRANS from ARM 18.9.608, 2016 MAR p. 1849, Eff. 10/15/16.

Subchapter 18.15.8 Alternative Fuels

Mont. Admin. R. 18.15.801 Alternative Fuel Dealer License

(1) A person may not act as an alternative fuel dealer in this state unless the person is a holder of a valid alternative fuel dealer license issued by the department.

(2) Every alternative fuel dealer must apply for and obtain an alternative fuel dealer license prior to distributing alternative fuel directly into the supply tank of a motor vehicle for highway use in this state. Application for the alternative fuel dealer license must be made on forms provided by the department and must contain information the department deems necessary. Upon receipt and approval of the application the alternative fuel dealer license will be issued.

(3) Every alternative fuel dealer who distributes fuel at more than one location shall obtain one alternative fuel license for all locations and file a consolidated return. The alternative fuel dealer license must be obtained prior to distributing fuel at any location.

(4) Upon cancellation or revocation of the alternative fuel dealer license or discontinuance of distributing alternative fuel, the name and address of the person or firm retaining records for audit purposes must be provided to the department.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-702, 15-70-703, 15-70-705, 15-70-706, 15-70-712, 15-70-713, MCA
History: NEW, 1999 MAR p. 651, Eff. 3/26/99; TRANS from ARM 18.10.503, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2024 MAR p. 1624, Eff. 7/6/24.

Mont. Admin. R. 18.15.802 Quarterly Tax Returns

(1) Every alternative fuel dealer must submit the quarterly tax return regardless of whether the alternative fuel dealer has distributed alternative fuel during the immediately preceding calendar quarter. Failure to file the tax return will be considered sufficient cause for revocation of the alternative fuel dealer license, and the alternative fuel dealer license may be revoked as of that date.

(2) A request for an extension allowed under 15-70-714, MCA, must be received by the department prior to the original due date of the tax return.

(3) The department may accept alternative fuel dealer tax returns without requiring a listing of all individual sales made by those dealers.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-706, 15-70-713, 15-70-714, MCA
History: NEW, 1999 MAR p. 651, Eff. 3/26/99; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS from ARM 18.10.504, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20; AMD, 2024 MAR p. 1621, Eff. 7/6/24.

Mont. Admin. R. 18.15.803 Alternative Fuel Dealer Records--Audit

(1) Every alternative fuel dealer shall maintain all records necessary to support their alternative fuel tax returns. The records must include:

(a) a record of alternative fuel receipts together with invoices, bills of lading, and other documents relative to the acquisition of alternative fuel; and

(b) a record of alternative fuel disbursements together with the invoices, as well as bills of lading, and other documents relative to the disbursements of alternative fuel.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-712, 15-70-713, MCA
History: NEW, 1999 MAR p. 651, Eff. 3/26/99; TRANS from ARM 18.10.505, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2024 MAR p. 1621, Eff. 7/6/24.

Mont. Admin. R. 18.15.804 Dealer Invoices

(1) An invoice must be issued at the time of each fuel disbursement into the supply tank of a motor vehicle. Each invoice must include the date of sale and total number of gallons sold.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-712, 15-70-713, MCA
History: NEW, 1999 MAR p. 651, Eff. 3/26/99; TRANS from ARM 18.10.506, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2020 MAR p. 2238, Eff. 12/12/20.

Mont. Admin. R. 18.15.805 Alternative Fuel Dealer Bond

(1) If an alternative fuel dealer fails to file timely reports, they may be required to furnish the department a corporate surety bond or other collateral security or indemnity equivalent to twice the alternative fuel dealer's estimated quarterly alternative fuel tax. Failure to timely file as used in 15-70-704, MCA, means:

(a) an alternative fuel dealer has failed to file for more than one reporting period;

(b) an alternative fuel dealer has given the department a non-sufficient fund check or whose non-sufficient fund check was returned as a result of a bank error more than twice; or

(2) In those instances where reports, which have been either solicited or audited, are determined to be inadequate by the department, the reports will be deemed to have not been timely filed.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 15-70-704, MCA
History: NEW, 1999 MAR p. 651, Eff. 3/26/99; AMD, 2001 MAR p. 2143, Eff. 10/26/01; TRANS from ARM 18.10.507, 2016 MAR p. 1849, Eff. 10/15/16; AMD, 2024 MAR p. 1621, Eff. 7/6/24.

Subchapter 18.15.9 Electric Charging Stations Tax

Mont. Admin. R. 18.15.901 Definitions

The following definitions apply in this chapter:

(1) "Charging station operator" means a person, firm, general partnership, limited partnership, limited liability partnership, corporation, limited liability company, or other lawfully recognized business entity that operates a public charging station, regardless of ownership.

(2) "Charging station owner" means the entity that is the public utility customer, or a public utility that owns a public charging station or public legacy charging station.

(3) "Electric meter" for purposes of [Ch. 619, L. 2023, Section 3] means an electric meter or sub meter installed or approved by the public utility exclusively dedicated to the public charging station or public legacy charging station for the public utility's billing purposes for billing of electricity and or the kWh tax.

(4) "Metered system," "metering system," and "metering device" mean the charging station's internal embedded meter.

(5) "Rated capacity" means the charging station manufacturer's rated capacity.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 619, L. 2023, Section 5]
History: IMP, [Ch. 619, L. 2023, Section 1]; NEW, 2023 MAR p. 1186, Eff. 10/7/23.

Mont. Admin. R. 18.15.902 Electric Meter as Point of Tax Collection

(1) For purposes of administering this chapter, the public utility will assess, collect, and remit the tax due to the department as measured by the kilowatt hours delivered through the electric meter.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 619, L. 2023, Section 5]
History: IMP, [Ch. 619, L. 2023, Section 2]; NEW, 2023 MAR p. 1186, Eff. 10/7/23.

Mont. Admin. R. 18.15.903 Electric Metering

(1) For purposes of administering this chapter, the department will treat an electric meter serving a bank of charging stations as exclusively dedicated to the public charging station or public legacy charging station without regard for additional appurtenances that are served by the electric meter.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 619, L. 2023, Section 5]
History: IMP, [Ch. 619, L. 2023, Section 3]; NEW, 2023 MAR p. 1186, Eff. 10/7/23.

Mont. Admin. R. 18.15.904 Quarterly Tax Returns

(1) Pursuant to [Ch. 619, L. 2023, Section 5], the public utility must file a quarterly tax report on forms prescribed by the department, showing the amount of kilowatt hours used during the calendar quarter and the calculation of tax owed on the amount of kilowatt hours used during the calendar quarter less an uncollectable tax resulting from the previous calendar quarter.

(2) Calendar quarters end on the last day of March, June, September, and December, and the quarterly tax reports and applicable tax payments are due on or before the last day of the month following the close of the calendar quarter.

(3) Once an initial tax report is submitted, quarterly tax reports must continue to be submitted regardless of kilowatt hour usage, until a closing report has been filed with the department.

History

Authorizing statute(s): 15-70-104, MCA
Implementing statute(s): 619, L. 2023, Section 5]
History: IMP, [Ch. 619, L. 2023, Section 5]; NEW, 2023 MAR p. 1186, Eff. 10/7/23.