Montana Right-of-Way Easement for Utilities (3-MT-f)
Right-of-Way Easement for Utilities Process
3-MT-f.1 - Consult Regarding Need for Cultural Survey
The developer should consult with the Montana Department of Natural Resources & Conservation staff archaeologist in order to determine whether there is a need for a cultural survey. A survey may not be necessary if a cultural survey has already been conducted in the area.
3-MT-f.2 to 3-MT-f.3 - Is a cultural survey required?
The Montana Department of Natural Resources & Conservation staff archaeologist will determine whether or not the survey is required. If the survey is required, the developer should refer to the cultural resources discovery process.
3-MT-f.4 - Application for Right-of-Way Easement for Utilities Over, Under, Along, or Across State-Owned Lands; fee (DS-406a)
The application for Right-of-Way Easement for Utilities Form DS-406a is available on the Montana Department of Natural Resources & Conservation webpage. The $50 application fee is nonrefundable. The application packet must include one original and one copy of the signed application, signed affidavit, copy of corner recordation, quad map, centerline description, lessee settlement, statement of necessity, any stream crossing information. Right-of-Way Easement Application.
3-MT-f.5 - Review application materials & conduct on-site inspection
The Montana Department of Natural Resources & Conservation area office will review the application materials and conduct an on-site inspection in order to ensure all environmental considerations have been made and that the project is in the best interest of the trust. Right-of-Way Easement Application.
3-MT-f.6 - Is the project in the best interest of the trust
The standard for approval is "best interest of the trust." If the utility line is in the best interest of the trust, then project approval will be granted. Right-of-Way Easement Application.
3-MT-f.7 - Right-of-Way Easement for Utilities
The right-of-way easement will be granted in writing. The entire process usually takes a minimum of 120 days. Right-of-Way Easement Application.
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