Montana Title 7. Local Government § 7-14-2134. Removal of highway encroachment

(1) Except as clarified in 23-2-312 and 23-2-313 and except as provided in subsection (5) of this section, if any highway is encroached on by a gate, fence, building, or otherwise, the road supervisor or county surveyor of the district shall give notice, orally or in writing, requiring the encroachment to be removed from the highway.

(2) If the encroachment obstructs and prevents the use of the highway for vehicles, the road supervisor or county surveyor shall immediately remove the encroachment.

(3) The board of county commissioners may at any time order the road supervisor or county surveyor to immediately remove any encroachment.

(4) An individual may petition the board in writing to have the encroachment removed from a highway that is a county road as defined in 7-14-2101(4)(b)(i), (4)(b)(ii), or (4)(b)(iii).

(5) This section does not apply to a fence for livestock control or property management that is in a county road right-of-way and that is attached to or abuts a county road bridge edge, guardrail, or abutment if the fence and bridge appurtenances are not on the roadway, as defined in 61-1-101. Any fence described in this subsection must comply with 23-2-313.

(6) An encroachment may be permitted by the board of county commissioners. A permit issued under this subsection (6) must be issued by the board of county commissioners after evaluating the written request in a public meeting. Encroachment permits issued by the board of county commissioners may be revoked by giving, at a minimum, 30 days' notice to the permittee in the event the encroachment interferes with the public use or maintenance of the road. In the event of an emergency, an encroachment may be removed with no notice to the permittee.