Bozeman, MT Noise Ordinances: Construction Hours (2026)

Section 16.06.090 of the Bozeman Municipal Code applies to all construction operations within the city. Under § 16.06.040, construction operations means the excavation, construction, repair or demolition of any building, structure, land parcel, street, alley, waterway or appurtenance using any device or mechanical apparatus powered by human, fuel, electric or pneumatic power, and it includes noise from loudspeakers on a construction site. The general loud-noise prohibitions in § 16.06.050 apply to construction at all hours. Between 8:00 p.m. and 7:00 a.m. a second, numeric limit applies: 60dB(A), measured at the property line of an immediately adjacent property. Decibel levels are measured on the A-scale of an OSHA approved sound level meter at slow response.

The director of community development or a designee may issue a permit exempting an operation from the hour and noise limits. The director can set permit policies and application requirements. A permit can be granted if the application contains the required supporting materials, the applicant paid the non-refundable application fee, and the application contains sufficient facts showing why work outside the restricted hours is necessary. In deciding to approve, conditionally approve or deny, the director can weigh the hours requested, the location and proximity to residential dwellings, the nature and extent of the work, and the number of days requested. The director can revoke a permit if the permittee fails to comply or when public convenience and safety require it.

An applicant can appeal the director's decision to the city manager by paying a non-refundable appeal fee and providing the information the director requires, within five business days of the decision. The city manager can uphold, modify or overturn it, and that decision is a final decision of the city that can be appealed to state district court. Emergency work is exempt under § 16.06.080. Under § 16.06.100.D, a reading above 60dB(A) taken by trained and qualified city employees on a complainant's property is prima facie evidence of a violation.