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Montana State Highway Right-of-Way Overview (3-MT-c)

Information current as of 2022
In Montana, a developer may need to obtain an encroachment permit, a right of way easement, and/or a land use license depending on how the project impacts the state land. ARM 18.7.102.



State Highway Right-of-Way Overview Process


3-MT-c.1 to 3-MT-c.2 - Will the Project Encroach on a Montana Department of Transportation (MDOT) Road?

If the developer’s project will encroach on a MDOT road, then they must obtain an Encroachment Permit. For more information, see:

Encroachment Permit:
3-MT-e

3-MT-c.3 to 3-MT-c.4 - Is the Surface Use for Utilities?

A separate application process exists for applications for a right-of-way easement for utilities over, under, along or across state-owned lands. For more information, see:

Right-of-Way Easement for Utilities:
3-MT-f

3-MT-c.5 to 3-MT-c.7 - Will the Activity Be A Temporary Use of School Trust Lands?

A land use license is used for temporary uses of state-owned lands. This process may be used for access before a full lease has been granted. For more information, see:

Land Use License Process:
3-MT-d


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