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SENATE BILL NO. 464
INTRODUCED BY S. STANG
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF TRANSPORTATION TO ALLOW LOCATION OF PIPELINES IN HIGHWAY RIGHTS-OF-WAY UNDER CERTAIN CONDITIONS; AND AMENDING SECTION 60-5-110, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 60-5-110, MCA, is amended to read:
"60-5-110. Commercial enterprise or structure prohibited --
exception exceptions. (1) Except as provided in
60-5-505 and subsection (2) of this section, no a commercial enterprise or structure shall may not be constructed or
operated on the publicly owned right-of-way of a controlled-access highway or facility or on any publicly leased land used
in connection therewith.
(2) Consistent with 69-13-103, the department shall allow for the location of pipelines within the rights-of-way of state highways and federal-aid highways if that use is consistent with this title and other applicable laws and if the pipeline carrier:
(a) assumes all responsibility and liability for the pipeline, its maintenance and repair, and its long-term compatibility with public use and safety associated with the highway;
(b) provides funds for department review of a proposed pipeline if necessary under Title 75, chapter 1, part 2;
(c) obtains all necessary permits for the pipeline prior to initiation of construction; and
(d) for pipelines located within the right-of-way of a federal-aid highway, ensures that the design and location of the pipeline does not conflict with federal utility accommodation design and location criteria as provided in 23 CFR 645.
(3) The department shall adopt or revise rules as necessary to implement this section."
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Latest Version of SB 464 (SB0464.01)
Processed for the Web on February 12, 1999 (4:04PM)
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