(1) No private use of right-of-way of highways under the jurisdiction of the Department of Highways shall be allowed within and between the access control limits of a controlled access highway except as noted below:

(a) The Director of Highways or his assign may approve individual private encroachments within the controlled access right-of-way, provided prior concurrence is obtained from the Federal Highway Administration, for each such encroachment.

(b) As a minimum requirement, encroachment within controlled access right-of-way must conform to the standards set forth in ARM 18.7.201 through 18.7.241.

(c) The facility must be constructed and maintained and be capable of being removed from the area outside of the access control limits.