Billings, MT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- City administrator or designee
- First-offense penalty
- Up to $300 civil fine
- Repeat-offense penalty
- Up to $500 per day
- Appeal window
- 10 days to city clerk
- Governing section
- Municipal Code Sec. 22-407
Summary
Billings requires an encroachment permit from the city administrator before anyone builds, places, or maintains any structure on public right-of-way, including small cell wireless facilities; permits are fee-based and denials can be appealed to city council within ten days.
No encroachment on any public right-of-way or public property shall be allowed except by authority of an encroachment permit issued by the city administrator or his designee. An applicant seeking to install and operate a small cell wireless facility in the public right-of-way shall obtain a revocable encroachment permit and enter into a license agreement with the city prior to constructing, attaching, and operating a small cell wireless facility in the public right-of-way. Application for an encroachment permit shall be made on the forms and in accordance with the procedure prescribed by the city administrator. A fee for the permit application shall be charged to cover the administrative costs of processing as prescribed by council resolution.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).
Full Breakdown
Under Sec. 22-407 of the Billings Municipal Code, no encroachment on any public right-of-way or public property is allowed without an encroachment permit issued by the city administrator or designee. Applicants file on city-prescribed forms and pay a fee covering administrative processing costs, set by council resolution. Small cell wireless facility installers must also sign a license agreement with the city. If a permit is denied, the applicant gets a written statement of reasons and has ten days to file a written appeal with the city clerk; the council hears it within 21 days, with certified-mail notice and a published legal notice beforehand.
Violations & Fines
Encroaching without a permit is a municipal infraction: up to $300 for a first offense, up to $500 for each repeat, with each day counted separately (Sec. 18-1304).
Frequently Asked Questions
Do I need a permit to place something in the Billings right-of-way?
What happens if my encroachment permit is denied?
What's the penalty for encroaching without a permit?
Sources & Official References
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