Bozeman, MT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Downtown Bozeman sorts private use of the public right-of-way into three tiers under § 34.05.020. A non-substantial encroachment is temporary and mobile and does not modify the material components of the right-of-way. A substantial encroachment creates a permanent physical reduction in existing asphalt width to streets in the downtown business district. An exclusive use is any act by a private entity that excludes the public from normal use and enjoyment of the right-of-way. Section 34.05.080 governs exclusive use. The director of transportation and engineering can authorize it on application, with conditions, for a period the director sets that cannot exceed ten years, and every permit is reviewed annually.

The permit is issued to the adjacent private property owner, does not convey automatically with the property, and conveys no ownership interest in the right-of-way. A new owner must ask the director to transfer it within 30 days after the sale or transfer of interest, or the permit becomes null and void and a new one is needed. The application needs the exclusive use permit form, a site plan, liability insurance naming the city with minimum coverage of $750,000.00 for each claim and $1,500,000.00 for each occurrence, a written indemnity agreement, and a valid city business license.

The annual fee under § 34.05.140 multiplies the square feet of right-of-way used by the adjacent property's land value, by the whole-month share of the calendar year, by a factor of five percent. Substantial encroachments need their own permit, compliance with chapter 38, and an engineer-certified report on truck turning, vehicular site vision and pedestrian conflicts, and § 34.05.070 bars them from Main Street and Rouse Avenue. Revocation is a two-step process. The director can suspend a permit on written notice, the permittee has three days to remedy, and only the city commission can revoke. Ordered removals must be finished within 15 days or the city removes the items and liens the property (§ 34.05.160).