Guest Editorial: Invitation to Support LC1505
Author: J.B. Howick, Townsend Business Owner
Invitation to Support LC1505 Guest Editorial:J.B. Howick, Townsend Business Owner Montana's towns and cities thrive when their local businesses are free to act under local supervision. But this is not always the case. Throughout Montana's history, the Department of Transportation (MDT) has been mandated to acquire roads to build a viable and efficient state highway system. On its surface, this mandate is wholly desirable. But time has demonstrated an undesirable consequence.
Most of Montana's cities and towns now have state highways where they once had traditional main streets. Local businesses grew along those main streets starting from a time before Montana was a state. But with MDT's acquisition of those roads and sidewalks, the authority to control what happens on those sidewalks shifted from local jurisdictions to MDT.
Businesses throughout Montana have been harmed due to MDT's oversight of business activities on what have always been public pedestrian right-of-ways. What exists today (MCA 60-6) is a law that was meant to protect drivers on high-speed state highways from roadside peddlers who endanger traffic through distraction and congestion. Today, that law is also used to stop brick-and-mortar stores in town and city business districts from displaying wares and signage to promote their businesses.
A permitting process exists that business owners can apply to for permission to use the public sidewalks, but that process is slow and unevenly administered throughout the state. Some MDT district managers have declared that merchandise will never receive a permit. Further, MDT has brought legal action against businesses that had long-standing encroachments on the sidewalks (such as posts holding up a balcony) who were refused permits when necessary renovation required replacements of encroaching structures.
Simply put, MDT should not be in the business of regulating businesses inside municipal boundaries. LC1505 grants towns and cities the option to develop pedestrian right-of-way rules for themselves. Cities and towns are welcome to continue operating under the original permitting process currently found in MCA 60-6 or, if LC1505 is adopted, they may separate themselves from MDT control and directly administer sidewalk usage for the good of their communities. LC1505 is supported by House Representative Julie Dooling and will receive its official House Bill number and be presented to its first committee in January.
I invite each of you to visit either http://Leg.MT.gov and click the "Look Up Bills" button or http://TownsendHardware.com/LC1505.pdf to read the proposed law for yourself. If you believe your town or city should have the choice to support and serve its own businesses, then I encourage you to email your support to Julie.Dooling@LegMT.gov, or to myself at KeithJr@Howick.org.
Thank You,
JB Howick Owner & President Townsend Hardware Townsend, MT
