Public Comment. Volume III - Montana Legislature

ights-of-way along with other uses, such as
livestock grazing, fish and wildlife habitat,
mineral extraction, timber harvesting,
recreation, and other activities.
Coals of the Right-of-way Program
The BLM right-of-way
designed to:
Coordinate the actions of individuals,
government, and business.
F'romote the sharing of rights-of-way.
F'rotect the quality of our Nation's '
land resources.
F'revent unnecessary environmental
damage to lands and resources.
Protect the holder's investments in
improvements on the right-of-way.
When You Do--and When
You Don't--Need a Right-of-way
As a general rule, you do need a right-of-way
whenever you wish to build a project on the
public lands. A list of examples is printed below.
You don't need a right-of-way for so-called
"casual use." What kinds of activities are considered
"casual use"? Examples include driving
vehicles over existing roads, sampling, surveying,
marking routes, traveling on existing roads to
private property, collecting data to prepare an
application for a right-of-way, and performing
certain activities that do not unduly disturb the
surface or require extensive removal of vegetation.
Depending on the specifics of your proposed
activity, some right-of-way uses on the public
lands can be either casual use or use requiring a
grant. It's a good idea to contact the BLM and
discuss your plans before assuming your use is
casual. The Area Manager can then make a
judgment on the requirements in your particular
case.
is
Typical Land Uses
Requiring Right-of-way Grants
Here are some examples of land uses requiring
right-of-way grants, which must be obtained
: before construction of any kind may begin.
Water-Related Systems
canals ditches
flumes laterals
pipes pipelines
reservoirs tunnels
Oil and Gas and Related Systems
conveyor belts
pipelines
storage facilities
Electrical Generation, Transmission, and
Distribution Systems
biomass coal
gas hydro
nuclear oil
solar wind
Transmission and Reception Systems
microwave radio .
telegraph telephone
television other electronics
Transportation Systems
airways canals
highways roads
trails tramways
tunnels
Steps in Applying for a Right-of-way
1. Contact the BLM office with management
responsibility for the land where the right-of-way
is needed.
2. Arrange a preapplication meeting with the
Area Manager or appropriate staff member.
Jointly review the application requirements and
form to determine what information is needed.
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