CLARIFY THE STATUS OF FENCES ATTACHED OR THAT ABUT TO BRIDGES
It in the intent of the Montana Association of Counties
to support legislation clarifying that a fence attached or that abuts to a
county road bridge off the traveled way is not considered an encroachment
under 7-14-2134 MCA.
WHEREAS, 7-14-2102 MCA states “Each board of county commissioners may in its discretion do whatever may be necessary for the best interest of the county roads…;” and
WHEREAS, the Montana Association of Counties is concerned for the health, welfare and safety of the traveling public by keeping livestock off the county roads and with containment of livestock in transit across the bridges; and
WHEREAS, 7-14-2130(1) MCA states that “Cattle guards, appurtenances, and gates may be constructed and maintained adjacent to county roads;” and,
WHEREAS, fences from the edge of the road right-of-way to the bridge provide safety for the traveling public; and
WHEREAS, since fences were first introduced, it has been the custom and practice of counties across the Great State of Montana to allow fences to be tied to bridges for the safety of the traveling public.
NOW, THEREFORE, BE IT RESOLVED
that MACo support the addition of subparagraph (4) to 7-14-2134 MCA that
states: (4) For the purposes of this section, “encroachment” does not
include fencing, if allowed by the county, from the county road right of way up
to bridge edges, bridge guardrails, or bridge abutments that are off the
traveled way.
SPONSOR: Madison County, MACo Districts
8, 9 and 12
RECOMMENDATION: Do Pass
PRIORITY: High
REFERRED TO: MACo Transportation Committee,
MACo
Agriculture Committee
ADOPTED: Annual Conference, Missoula, MT
September 29,
2004