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: Sec. 60-3-101 and 60-4-402 MCA; IMP, Sec. 60-3-101 and 60-4-402 MCA; Eff. 12/31/72; AMD, 1995 MAR p. 854, Eff. 5/12/95.