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Bozeman, MT Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required for
Materials, trash, debris, snow and ice, or any article in the street
Issuing office
Transportation and engineering department
Mitigation fee basis
Linear foot per day of lane, shoulder, path or sidewalk used
Removal after notice
Six hours for articles; 3 to 30 days for structures
First violation
Penalty not to exceed $250.00
Repeat violations
Up to $500.00; third within a year adds up to 90 days jail

Summary

In the City of Bozeman, Montana, no one can place building materials, trash, debris, snow and ice shoveled from private premises, or any other article on a street, alley, trail, path or public place without a street obstruction permit from the transportation and engineering department. Fees are charged per linear foot per day, and a first violation carries a penalty up to $250.00.

A.No person, association, company or corporation shall encumber or obstruct, or cause to be encumbered or obstructed any street, avenue, alley, trail, path, or other public place in the city by placing therein or thereon any building materials, trash, garbage, rubbish, debris, accumulated snow and ice removed from an adjoining private premises, or any article or thing whatsoever, without first having obtained a street obstruction permit from the transportation and engineering department.B.Applications for street or path obstructions will be subject to a permit fee and a lane/shoulder/path mitigation fee as established by the transportation and engineering director. Lane/shoulder/path mitigation fees will be charged on a linear foot per day basis for travel and bike lanes, parking lanes, shoulders, paths, and/or sidewalks encumbered by the permittee.

Full Breakdown

Chapter 34 of the Bozeman Municipal Code starts from a flat rule in § 34.02.020: streets, avenues, alleys and public places, including sidewalks, trails, and paths, must at all times be kept free, clear and clean of obstructions, debris, encumbrances and encroachments that hamper or interfere with free and safe use by the public. Section 34.02.040 supplies the permit route. Anyone who wants to put building materials, trash, garbage, rubbish, debris, or any article or thing on a street, alley, trail, path or public place needs a street obstruction permit from the transportation and engineering department first.

The permit carries a permit fee plus a lane/shoulder/path mitigation fee, both set by the transportation and engineering director. The mitigation fee runs per linear foot per day for the travel and bike lanes, parking lanes, shoulders, paths and sidewalks the permittee takes up. A complete street closure is charged on the footage from the point of closure to the nearest intersection with an open public street, and the money goes into the street maintenance fund. Permittees must set warning devices, lights and protection (§ 34.02.060), maintained between dusk and dawn on every day the space is hazardous.

Permitted work that affects vehicle, bicycle or pedestrian traffic must meet current Manual on Uniform Traffic Control Devices requirements unless the director approves otherwise, and failure to protect the public forfeits the permit. Removal is fast. Under § 34.02.070 the director can order an article removed, and if it is not gone within six hours after notice to the owner or person in charge, the city can remove it. When the director finds an imminent threat to public health, safety or property, removal happens immediately without notice.

A fence, porch, steps or similar obstruction must come out within a period not exceeding 30 days and not less than three days after written notice (§ 34.02.080). Removal costs fall on the responsible person. Downtown, § 34.05.030 makes it unlawful to obstruct the public right-of-way with encroachments of any kind unless the Code allows them.

Violations & Fines

A first violation of Article 2 carries a penalty not to exceed $250.00, not including statutory assessments. A second violation within one year carries a penalty not to exceed $500.00. A third violation within a one-year period carries a penalty not to exceed $500.00, imprisonment not to exceed 90 days, or both. The director can revoke a permit immediately on any violation, and a permittee revoked more than two times in a six-month period cannot apply again for one year (§ 34.02.090).

Frequently Asked Questions

Can I push snow from my driveway into the street in Bozeman?
Section 34.02.040 lists accumulated snow and ice removed from an adjoining private premises among the things no one can place in a street, alley, trail, path or public place without a street obstruction permit. Section 34.02.070 lets the director order that snow removed, and § 34.06.030 separately bars depositing snow or ice on a hydrant, sidewalk, roadway, curb or gutter.
Who issues a street obstruction permit and what does it cost?
The transportation and engineering department issues it. The application carries a permit fee and a lane/shoulder/path mitigation fee, both established by the transportation and engineering director. The mitigation fee is charged on a linear foot per day basis for each travel lane, bike lane, parking lane, shoulder, path or sidewalk the permittee encumbers. The dollar amounts are not printed in the code.
How long do I have to remove something after the city sends notice?
For an article or thing that obstructs a street or public place, § 34.02.070 gives six hours after notice to the owner or person in charge, after which the city can remove it. For a fence, porch, steps or similar obstruction, § 34.02.080 sets a time not exceeding 30 days and not less than three days after written notice.
Do the same obstruction rules cover trails and paths?
Yes. Sections 34.02.020, 34.02.040 and 34.02.050 each name trails and paths alongside streets, avenues, alleys and public places. A structure placed on any of them needs written permission from the director of transportation and engineering under § 34.02.050, and work that impedes or tears up a sidewalk, trail or path needs a permit under § 34.02.030.

Sources & Official References

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