60-5-106. Elimination of grade crossings. - Montana Statutes

     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 federal-aid and state highways, county roads, and city or town streets. Elimination shall be accomplished at the boundary of the controlled-access right-of-way.
     (2) After the establishment of any controlled-access highway or facility, no private or public highway or street which is not a part of the highway or facility shall intersect it at grade, except as may be provided in the resolution designating it a controlled-access highway or facility. No street, road, highway, or other public or private way shall be opened into or connected with any controlled-access highway or facility without the prior consent and approval of the appropriate highway authority which adopted the controlled-access resolution.
     (3) The commission may, whenever it determines that the public safety is not thereby 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 shall have sole jurisdiction to determine the existence and location of any intersection with interstate highways, throughways, and other federal-aid and state highways.

     History: En. Sec. 10-107, Ch. 197, L. 1965; R.C.M. 1947, 32-4307; amd. Sec. 1, Ch. 40, L. 1979.