Bill Summary – FastDemocracy

67th Legislature                                                                                                     HB 562.1
                                                    HOUSE BILL NO. 562
                                               INTRODUCED BY J. DOOLING
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING HIGHWAY ENCROACHMENT LAWS;
   PROVIDING FOR MUNICIPAL AUTHORITY TO ENACT CERTAIN ORDINANCES REGARDING
   ENCROACHMENTS; AND AMENDING SECTIONS 60-6-101, 60-6-103, AND 60-6-104, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.         Limitation of authority within incorporated municipalities --
   exclusion outside incorporated municipalities -- inclusion due to lack of local ordinances. (1) (a)
   Municipalities incorporated under Title 7, chapter 2, part 41, have the authority to enact ordinances governing
   the placement of impermanent encroachments on a commission-designated highway system or state highway
   right-of-way without the necessity of permitting by the department of transportation for individual
   encroachments as described in 60-6-101.
              (b)   This provision includes those portions of the right-of-way not necessary for vehicular travel,
   including but not limited to sidewalks and shoulders.
              (2)   (a) This provision specifically excludes all commission-designated highway systems and state
   highways outside of incorporated municipality boundaries.
              (b)   Impermanent encroachments are defined as an object that is not permanently affixed to a
   commission-designated highway system or state highway right-of-way or requiring the modification of a
   commission-designated highway system or state highway right-of-way.
              (c)   An encroachment requiring or resulting in a permanent attachment to, or a modification of, a
   commission-designated highway system or state highway right-of-way must abide by the requirements of 60-6-
   101 through 60-6-105.
              (3)   (a) Incorporated municipalities that have not enacted ordinances regulating the placement of
   impermanent encroachments shall default to the permitting process as defined in 60-6-101 until they enact
   regulating ordinances.
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67th Legislature                                                                                                    HB 562.1
              (b)   On enacting regulating ordinances, 60-6-101 through 60-6-105 no longer apply to the
   encroachments except as provided by this section.
              (4)   (a) For the purposes of this section, the department of transportation shall only have authority to
   enforce the Americans with Disabilities Act of 1990 as amended as described in subsection (4)(b).
              (b)   The department of transportation shall communicate identified violations of the Americans with
   Disabilities Act of 1990 as amended to the incorporated municipalities for enforcement within their boundaries.
   If an incorporated municipality has not acted to address the violation within 7 days, the department of
   transportation shall have authority to proceed with removal as described in 60-6-101 through 60-6-105.
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              Section 2. Section 60-6-101, MCA, is amended to read:
              "60-6-101.   Highway encroachments -- permit -- immediate removal. (1) If a commission-
   designated highway system or state highway is encroached on by an obstruction, device, or object placed
   within the right-of-way limits, including a fence, building, structure, sign, marker, mailbox, newspaper delivery
   box, or driveway approach, or is obstructed by physical occupancy of the right-of-way by a person, persons, or
   group of persons, the department of transportation:
              (a)   for a mailbox or newspaper delivery box, may issue an encroachment permit pursuant to
   subsection (3); and
              (b)   (i) for all other encroachments, may issue an encroachment permit pursuant to subsection (2); or
              (ii) may give notice in writing to the person erecting or maintaining the encroachment requiring that it
   be removed.
              (2)   (a) AExcept as provided in [section 1], a highway right-of-way encroachment may not be
   constructed, maintained, or occupied on a commission-designated highway system or state highway without a
   permit. An application for a permit must be made to the department on a form provided by the department. The
   department shall require reasonable information to be furnished, including site plan drawings or specifications
   for an object encroachment.
              (b)   The department shall adopt rules pertaining to the issuance of encroachment permits and the
   removal of encroachments.
              (3)   (a) The department shall adopt rules pertaining to the accommodation of mailboxes and
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67th Legislature                                                                                                        HB 562.1
   newspaper delivery boxes on public highway rights-of-way. The rules must ensure that the location and
   construction of mailboxes and newspaper delivery boxes conform to the rules and regulations of the U.S. postal
   service.
              (b)   The department may issue an encroachment permit for a completed permit application for a
   mailbox or newspaper delivery box.
              (c)   The department may not charge a fee for an encroachment permit for a mailbox or newspaper
   delivery box.
              (4)   If an encroachment obstructs or prevents the use of the highway for vehicles, the department may
   immediately remove the encroachment without the notice required by 60-6-102.
              (5)   Utility facilities lawfully occupying a highway right-of-way on October 1, 2019, or under an
   occupancy or encroachment permit issued by the department pursuant to 60-4-402(1)(c) are not
   encroachments within the meaning of this part."
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              Section 3. Section 60-6-103, MCA, is amended to read:
              "60-6-103.   Encroachment not permanently affixed -- time limit for removal -- penalty. (1) If
   Except as provided in [section 1], if an unpermitted encroachment is not permanently affixed to the land and is
   not removed from the right-of-way by the person who erected or maintains the encroachment within 2 days
   after receipt of the notice provided for in 60-6-102, the department may begin action under 60-6-104 for its
   removal at the expense of the person who causes, owns, or controls it. The department may recover the
   expense of removal and costs in an action brought for that purpose.
              (2)   If an encroachment presents an imminent danger to the public, the department may immediately
   remove the encroachment without the notice required by 60-6-102."
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              Section 4. Section 60-6-104, MCA, is amended to read:
              "60-6-104.   Unpermitted encroachment -- department action. If Except as provided in [section 1], if
   an encroachment permit provided for in 60-6-101 has not been granted and the person erecting or maintaining
   the encroachment fails to remove it after receiving notice pursuant to 60-6-102, the department shall
   commence appropriate legal action to have the encroachment removed. If the department recovers a judgment,
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67th Legislature                                                                                                      HB 562.1
   it shall have its costs. If the encroachment is not removed within 5 days after entry of judgment, the department
   may remove it at the expense of the person who causes, owns, or controls it."
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              NEW SECTION. Section 5.       Codification instruction. [Section 1] is intended to be codified as an
   integral part of Title 60, chapter 6, part 1, and the provisions of Title 60, chapter 6, part 1, apply to [section 1].
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Statutes affected: 
Introduced: 60-6-101, 60-6-103, 60-6-104