RAPID/Roadmap/3-MT-f
Montana Right-of-Way Easement for Utilities (3-MT-f)
Right-of-Way Easement for Utilities Process
1
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. MCA § 77-1-130 MCA.
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.
Cultural Resource Discovery :
11-MT-c
3-MT-f.4 - Application for Right-of-Way Easement for Utilities Over, Under, Along, or Across State-Owned Lands; fee
The application for Right-of-Way Easement for Utilities must be obtained through the local Department of Natural Resources and Conservation (DNRC) office, which can be found at the Montana Department of Natural Resources & Conservation website. 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.
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.
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.
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.
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