ARM 18.7.103. ADMINISTRATION OF ENCROACHMENT POLICY

(1) The Chief - Right-of-Way Bureau for the Department of Highways is authorized and directed to develop, implement and administer a program which will accomplish the orderly removal or control of encroaching facilities in accordance with this policy. This includes authority to: (a) Make and promulgate additional regulations and standards as required to implement the encroachment policy as stated herein. Such regulations and standards should conform to applicable policies on the right-of-way encroachments adopted by the American Association of State Highway and Transportation Officials. (b) Develop and administer procedures as required to implement and carry out an effective encroachment removal and control program. (c) Transfer the administration of this policy to the Maintenance Division after existing encroachments have been removed or brought under control as required. (2) The Maintenance Division of the Department of Highways is hereby authorized and directed to assume and carry out administration of this policy after being notified by the Engineering Division that existing encroachments have been removed or brought under control. (3) When legal assistance is required to accomplish the removal or effective control of an encroaching device or facility, the matter will be referred to the Administrator of the Legal Division for handling.