Overview
Interstate Permitting allows for longitudinal occupancy of the interstate right of way by eligible project facilities that consist of pipeline, fiber optic or other communications-type cables, wireless facilities, associated infrastructure, and dedicated power sources.
Application Requirements
Applications for all proposed eligible projects must be submitted using the MDT Utilities Permitting Administration System (UPAS) | Montana Department of Transportation
Please note that eligible projects will be reviewed for approval by The Federal Highway Administration (FHWA) and MDT. Multiple applications may be required for large projects. Structure encroachment applications are required to be attached to the UPAS permit. Each facility owner must submit a separate UPAS permit.
Proposed eligible projects may be granted permits as either a public utility or as a private utility. MCA 69-3-101, 69-3-101. Meaning of term "public utility", MCA (mt.gov) provides the definition of “public utility”.
| Public Utilities | Private (non-public) Utility |
|---|---|
| MDT will participate in relocation per MCA 60-4-401 through 60-4-403 | MDT will not participate in relocation per MCA 60-4-401 through 60-4-403 |
| Must apply for a utility occupancy agreement | Must apply for a utility encroachment permit |
| Must either apply for the waiver exception or pay Fair Market Value | Must either apply for the waiver exception or pay Fair Market Value |
| Must have a ROW Use Agreement if approved | Must have a ROW Use Agreement if approved |
Right-of-Way Use Agreement
The right-of-way use agreement constitutes a land use lease contract for a period of up to 30 years between MDT and each facility owner. Approved applicants are required to enter into a right-of-way use agreement with the Montana Department of Transportation.
Sample -Interstate Eligible Project Right-of-Way Use Agreement
Broadband Registry and Project Notifications
MDT is requesting that broadband contractors time their projects to coincide with upcoming construction to minimize impacts to the travelling public. Please check the TCP and approved UPAS permits to see if there are any upcoming construction projects that may facilitate your planned broadband installations. MDT encourages all eligible projects to consider a dig-once approach. The Montana Department of Transportation will notify registered broadband companies of proposed state highway projects authorized per 60-4-601 MCA.
To receive proposed project construction notifications, please register your contact information.
Please select the hyperlink below for a list of approved UPAS permits for approved utility projects.
UPAS Permits
Tentative Construction Plan (TCP) – MDT maintains a Five-Year TCP which is updated annually. This map shows all planned construction projects to be managed by the Montana Department of Transportation. View the Statewide TCP Map