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

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

Key Facts

Duty holder
Owners or agents of property abutting and fronting the street or alley
Standard
Good order and repair, reasonably safe condition
Repair deadline
30 days after notification
Notice from
Director of transportation and engineering
City remedy
Repairs at owner's cost, lien upon the lot
Minimum new sidewalk width
Ten feet in central business district, five feet elsewhere

Summary

In the City of Bozeman, Montana, the owner of property abutting and fronting a street or alley must keep the public sidewalk immediately abutting the property in good order and repair. After notice from the director of transportation and engineering the owner has 30 days to finish the repairs, or the city repairs and places a lien on the lot.

All owners or agents of owners with property abutting and fronting upon any street or alley within the corporate limits of the city are required to keep the public sidewalks immediately abutting their property in good order and repair. Each such owner shall be liable to the city for all losses to the city or recoveries from the city for damages to person or property of others caused by such owner's failure or that of such owner's agents to repair and keep in good order and reasonably safe condition all such sidewalks abutting and fronting such owner's property within the corporate limits of the city. The city may, at its discretion, through the director of transportation and engineering, notify such owner that repairs are necessary to put such sidewalk in good order and such owner shall, within 30 days after such notification, ... complete such repairs, as specified in such notice. If the person fails to make the required repairs, the city may repair same and pay for such repairs. The amount so paid by the city shall be lien upon the lot and may be enforced or the amount may be recovered against the owner by a suit before any court of competent jurisdiction.

Full Breakdown

Section 34.04.020 puts the maintenance duty on the abutting owner. All owners or agents of owners with property abutting and fronting upon any street or alley within the corporate limits of the City of Bozeman must keep the public sidewalks immediately abutting their property in good order and repair. The duty carries liability. The owner answers to the city for losses to the city, or recoveries from the city, for damages to person or property of others caused by the owner's failure, or that of the owner's agents, to keep the sidewalk in good order and reasonably safe condition.

The enforcement path starts with a notice. At its discretion the city, through the director of transportation and engineering, notifies the owner that repairs are necessary, and the owner has 30 days after notification to complete the repairs as specified in the notice. If the owner does not act, the city can make the repairs and pay for them, and the amount the city pays becomes a lien upon the lot, enforceable or recoverable against the owner by a suit before any court of competent jurisdiction.

Construction standards sit beside that duty in Article 4. Sidewalks and curbs built on any street or avenue, whether ordered by the city commission, built under a special improvement district or installed by a contractor or property owner, go up under the supervision, direction and inspection of the city engineer and in materials the city engineer prescribes (§ 34.04.010). The minimum width is ten feet in the central business district unless the city commission grants a variance by majority vote, and five feet on every other street.

Section 34.04.040 calls for permanent concrete sidewalks, though the city engineer can issue a permit for a temporary sidewalk of other materials. Where the city commission orders a new sidewalk or curb without forming a special improvement district, § 34.04.050 has the city manager mail notice to the owner, who has 30 days to build it before the city builds it and assesses the cost against the property. Winter clearing is a separate duty in Article 6 of the same chapter.

Violations & Fines

Section 34.04.020 prints no fine. The consequences are financial. The owner is liable to the city for losses or recoveries for damages to persons or property caused by the failure to repair. When the city makes repairs after the 30-day notice period, the amount it pays is a lien upon the lot, recoverable by a suit before any court of competent jurisdiction. Where the city commission orders new construction under § 34.04.050 and the owner does not build within 30 days, the city builds it and assesses the cost against the property.

Frequently Asked Questions

Who fixes a cracked public sidewalk in front of my Bozeman property?
You do. Section 34.04.020 requires owners or agents of owners with property abutting and fronting a street or alley to keep the public sidewalks immediately abutting their property in good order and repair. The owner is also liable to the city for losses or recoveries tied to damage to persons or property of others caused by the failure to repair.
How long do I have to make repairs once the city sends notice?
The owner must complete the repairs within 30 days after notification, under the supervision of the director of transportation and engineering, and as specified in the notice. Section 34.04.020 makes the notice a discretionary step for the city: the city can, at its discretion, notify the owner that repairs are necessary.
What happens if I do not repair the sidewalk?
The city can repair the sidewalk and pay for the repairs. The amount the city pays becomes a lien upon the lot, and the city can enforce the lien or recover the amount from the owner by a suit before any court of competent jurisdiction. The owner also remains liable for losses to the city or recoveries from the city caused by the failure to repair.
How wide must a new sidewalk be in Bozeman?
Section 34.04.010 sets a minimum width of ten feet for sidewalks constructed in the central business district, unless the city commission grants a variance by majority vote. All other sidewalks built on the streets and avenues of the city need a minimum width of five feet. Construction is supervised and inspected by the city engineer.

Sources & Official References

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