Montana Code 60-5-106. Elimination of grade crossings
60-5-106. Elimination of grade crossings. (1) Each highway authority may provide for elimination of intersections at grade of controlled-access highways or controlled-access facilities with existing commission-designated highway systems and state highways, county roads, and city or town streets. Elimination must be accomplished at the boundary of the controlled-access right-of-way.
Terms Used In Montana Code 60-5-106
- authority: means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets. See Montana Code 60-5-102
- Controlled-access highway: means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. See Montana Code 60-5-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)After the establishment of any controlled-access highway or facility, a private or public highway or street that is not a part of the highway or facility may not intersect it at grade, except as may be provided in the resolution designating it a controlled-access highway or facility. A street, road, highway, or other public or private way may not be opened into or connected with any controlled-access highway or facility without the prior consent and approval of the appropriate highway authority that adopted the controlled-access resolution.
(3)The commission may, whenever it determines that the public safety is not impaired, authorize the continued intersection at grade of lightly traveled farm entrances and minor public roads as ways of access to controlled-access highways in sparsely populated rural areas. The commission has sole jurisdiction to determine the existence and location of any intersection with interstate highways, throughways, and other commission-designated highway systems and state highways.