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(1) All utilities defined in (3) of ARM 18.7.202, have authority under Montana law to occupy highway rights-of-way, and in event of relocation, are eligible for reimbursement pursuant to the laws of the state of Montana.

(2) All other facilities are private and have no authority to occupy highway rights-of-way other than by revocable permits issued at the sole discretion of the department. Such facilities are regulated by these provisions, but in the event of relocation, they are not eligible for reimbursement under the provisions of 23 CFR part 645, subpart A, or otherwise.