Press Release - HB 198 Introduced by Rep. Julie Dooling
Author: Montana House of Representatives
Press Release - HB 198 Introduced by Rep. Julie Dooling Montana House of Representatives Bill Would Establish Local Control Over Signage in Highway Right-of-Ways
Helena, Mont.– Representative Julie Dooling (R-Townsend) has introduced a bill increasing municipalities ability to regulate signage in highway right-of-ways without Department of Transportation permitting. House Bill 198 protects owners’ ability to promote their businesses in non-vehicle areas that fall into the control of the MDOT.
HB 198 comes from the concerns of the owners of Townsend Hardware in Townsend, Montana, who were accused of violating the Americans with Disabilities Act by the MDOT for displaying flowers on pallets on a sidewalk that fell under MDOT right-of-way. JB Howick, owner of Townsend Hardware, found examples of similar unnecessary government intrusion across the state. He came to realize that legislation was necessary to protect businesses. By increasing municipal control over sidewalks and other non-vehicle areas, HB 198 addresses concerns expressed by business owners across the state.
“I can't see how any city in Montana wouldn’t benefit from this,” Howick said, “this bill is very beneficial to small towns who can’t necessarily lobby for themselves. This [House Bill 198] is an opportunity for businesses and towns to work together for something that benefits them both.”
Under current law, the power of the Montana Department of Transportation extends beyond prohibiting non-permanent business promotions on sidewalks. MDOT could even shutter businesses themselves that overhang into what is technically highway right-of-way. HB 198 increases local discretion so the local community would have a role in regulating highway right-of-ways in their towns.
Many businesses rely on signage in highway right-of-ways for advertising that is crucial to the success of their business. Highway right-of-way is the only commercial district in many small Montana towns. Capricious government bureaucrats should not be able to arbitrarily limit these businesses' advertising reach. HB 198 fixes this.
HB 198 is slated to be heard by the Local Government Committee in the coming weeks.
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