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: 60-2-201, MCA; IMP, 60-2-201, 60-5-101, 60-5-104, 60-5-105, MCA; NEW, Eff. 4/4/74; AMD, 1983 MAR p. 991, Eff. 7/29/83; AMD, 2013 MAR p. 1442, Eff. 8/9/13.