Montana § 60-4-402 - Occupancy And Relocation Of Utility Facilities -- Rules
Full text of Montana Montana Code Annotated § 60-4-402 — Occupancy And Relocation Of Utility Facilities -- Rules, with citation guidance and answers to common questions.
§ 60-4-402. Occupancy And Relocation Of Utility Facilities -- Rules
Occupancy and relocation of utility facilities -- rules. (1) The department shall adopt reasonable rules governing right-of-way occupancy by a utility for the following: (a) installation, construction, maintenance, repair, or system upgrade of all utilities on commission-designated highway systems or state highways; (b) except as provided in 60-4-403 , reimbursement to a utility for the costs of installation, construction, maintenance, repair, renewal, or relocation of facilities; and (c) issuance of an occupancy permit or, in the case of a facility not within the scope of Title 60, chapter 4, part 4, an encroachment permit. (2) The rules must provide for right-of-way occupancy and relocation of publicly owned water and sewer facilities. The rules must ensure that the nonhighway use of the right-of-way does not affect the department's ability to maintain and operate the highway in a safe manner. (3) The permitting provisions of this section do not apply to existing utility facilities or existing facilities not within the scope of Title 60, chapter 4, part 4, lawfully occupying the highway right-of-way on October 1, 2019.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 60-4-402
What does Montana Code Annotated § 60-4-402 cover?
Section 60-4-402 ("Occupancy And Relocation Of Utility Facilities -- Rules") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 60-4-402?
A common citation format is "Montana Code Annotated § 60-4-402" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 60-4-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.