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: 60-3-101, 60-4-402, MCA; IMP, 60-3-101, 60-4-402, 60-4-403, MCA; 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.