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Billings, MT Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Permit issuer
City administrator or designee
Appeal window
10 days after denial
Council hearing
Within 21 days of appeal
Fee
Set by council resolution
Dedicated cafe ordinance
None exists

Summary

Billings requires an encroachment permit from the city administrator before any table, chair, or structure for outdoor dining can occupy the public sidewalk or right-of-way.

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.

View official code

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

Billings' Code has no separate sidewalk-cafe ordinance: restaurants that want to put tables and chairs on the public sidewalk fall under the same Sec. 22-407 encroachment-permit process used for any private use of city right-of-way. The city administrator reviews and approves or denies the application, and a processing fee set by council resolution applies. A denied applicant has ten days to appeal to the city council, which must hear the appeal within twenty-one days and after published notice. Sec. 22-403 separately bars any obstruction placed outside the curb line without that authorization.

Violations & Fines

Setting up dining tables or chairs on the sidewalk without an approved encroachment permit is an unlawful obstruction under Sec. 22-403 and Sec. 22-407, enforceable by the city administrator.

Frequently Asked Questions

Does Billings have a specific sidewalk cafe permit?
No: outdoor dining on the sidewalk falls under the city's general Sec. 22-407 encroachment permit, the same process used for awnings, A-frame signs, and other right-of-way uses.
Who approves the permit?
The city administrator or a designee reviews the application and issues or denies the encroachment permit.
What if my permit is denied?
You have ten days to file a written appeal with the city clerk; the council must hear it within 21 days after published notice.

Sources & Official References

Other rules in Billings

All Billings rules

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