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68th Legislature 2023 HB 176.1
1 HOUSE BILL NO. 176
2 INTRODUCED BY S. GALLOWAY
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO COUNTY UTILITY PERMITTING
5 AUTHORITY; REVISING THE PAYMENT OF DAMAGES; AMENDING SECTIONS 7-13-2101, 7-13-2103,
6 AND 7-13-4101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 1. Section 7-13-2101, MCA, is amended to read:
11 "7-13-2101. Authority to permit construction of utility mains. The board of county commissioners
12 shall have the power and authority to grant to any person, association, or corporation the right to construct and
13 maintain in, along, and under any public road or highway within such a county, within any county easements,
14 on or within any county-owned property, within any county utility corridor, and within any county right-of-way
15 any pipeline for the conveyance of natural or artificial gas, water, broadband infrastructure, or any other
16 substance for the use of any county, city, or town or the its inhabitants thereof."
17
18 Section 2. Section 7-13-2103, MCA, is amended to read:
19 "7-13-2103. Payment of damages and restoration of road. The person, association, or corporation
20 owning or constructing such a pipeline or other required infrastructure:
21 (1) shall compensate such a county for any and all damages done to any such road or highway in
22 the laying, construction, or maintenance of such a pipeline; and
23 (2) shall promptly restore any such road or highway to its former condition of usefulness, without
24 interference with the traffic thereon on it."
25
26 Section 3. Section 7-13-4101, MCA, is amended to read:
27 "7-13-4101. Authority to permit laying of utility mains. (1) The city or town council has power to
28 permit the use of the streets and alleys, other property, rights-of-way, utility corridors, or easements of the city
-1- Authorized Print Version – HB 176
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68th Legislature 2023 HB 176.1
1 or town for the purpose of laying down gas, water, and other mains, and broadband infrastructure, but no
2 excavations must may not be made for such this purpose without the permission of the council or its authorized
3 officer.
4 (2) The streets and alleys must be placed in as good condition by the person or corporation
5 making the excavation as they were before the excavation was made and the mains laid down. In default
6 thereof of this, the council may order the same to be done at the expense of such the person or corporation."
7
8 NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
9 - END -
-2- Authorized Print Version – HB 176


Statutes affected:
HB0176_1.pdf: 7-13-2101, 7-13-2103, 7-13-4101
HB0176_2.pdf: 7-13-2101, 7-13-2103, 7-13-4101
HB0176_X.pdf: 7-13-2101, 7-13-2103, 7-13-4101
Amended: 7-13-2101, 7-13-2103, 7-13-4101
Introduced: 7-13-2101, 7-13-2103, 7-13-4101