ARM 18.7.232. PROCEDURE - NEW UTILITY FACILITIES ON HIGHWAY RIGHT-OF-WAY

(1) The procedure described below will be followed when a utility proposes to occupy the right-of-way of a new or existing highway. No such occupancy shall be allowed until such time as the utility acquires from the department an approved occupancy agreement, common use agreement or an encroachment permit. (a) The utility shall prepare and submit the appropriate occupancy form in triplicate to the department's district office for approval. (b) The form must be accompanied with a plan showing the location of the proposed facility in relation to the highway centerline and right-of-way. (c) The district administrator or designate shall review and approve or disapprove the proposed occupancy form. The utility will be notified in writing of the determination. (d) If an installation is made that does not comply with these rules, or is installed without an approved permit or agreement, the owner of the installation shall be required to remove said installation at no cost to the state, or, at the option of the department, correct the deficiencies as directed by the district. Rules 18.7.233