1. (1) If a commission-designated highway system or state highway is encroached on by an obstruction, device, or object placed within the right-of-way limits, including a fence, building, structure, sign, marker, mailbox, newspaper delivery box, or driveway approach, or is obstructed by physical occupancy of the right-of-way by a person, persons, or group of persons, the department of transportation:

   1. (a) for a mailbox or newspaper delivery box, may issue an encroachment permit pursuant to subsection (3); and

   2. (b)

      1. (i) for all other encroachments, may issue an encroachment permit pursuant to subsection (2); or
      2. (ii) may give notice in writing to the person erecting or maintaining the encroachment requiring that it be removed.

2. (2)

   1. (a) Except as provided in 60-6-106, a highway right-of-way encroachment may not be constructed, maintained, or occupied on a commission-designated highway system or state highway without a permit. An application for a permit must be made to the department on a form provided by the department. The department shall require reasonable information to be furnished, including site plan drawings or specifications for an object encroachment.
   2. (b) The department shall adopt rules pertaining to the issuance of encroachment permits and the removal of encroachments.

3. (3)

   1. (a) The department shall adopt rules pertaining to the accommodation of mailboxes and newspaper delivery boxes on public highway rights-of-way. The rules must ensure that the location and construction of mailboxes and newspaper delivery boxes conform to the rules and regulations of the U.S. postal service.
   2. (b) The department may issue an encroachment permit for a completed permit application for a mailbox or newspaper delivery box.
   3. (c) The department may not charge a fee for an encroachment permit for a mailbox or newspaper delivery box.
4. (4) If an encroachment obstructs or prevents the use of the highway for vehicles, the department may immediately remove the encroachment without the notice required by 60-6-102.
5. (5) Utility facilities lawfully occupying a highway right-of-way on October 1, 2019, or under an occupancy or encroachment permit issued by the department pursuant to 60-4-402(1)(c) are not encroachments within the meaning of this part.

History: En. 32-4411 by Sec. 1, Ch. 231, L. 1975; R.C.M. 1947, 32-4411; amd. Sec. 1, Ch. 287, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 2, Ch. 303, L. 2019; amd. Sec. 2, Ch. 581, L. 2023.