HomeMy WebLinkAboutResolutions 2026-69 - AMENDING THE FEE SCHEDULE FOR PERMITS REVIEWED AND APPROVED BY THE DEPARTMENT OF TRANSPORTATION AND ENGINEERING
RESOLUTION 2026-39
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING
THE FEE SCHEDULE FOR PERMITS REVIEWED AND APPROVED BY THE DEPARTMENT OF
TRANSPORTATION AND ENGINEERING.
WHEREAS, pursuant to §7-6-4013, Montana Code Annotated (MCA) when a local
government has authority to establish a fee for a service to those served by the local government,
the fees must be reasonable and related to the cost of providing the service; and
WHEREAS, the City by and through the Department of Transportation and Engineering
(the “Department”) issues permits to individuals or entities for services that impact, occur on, or
are related to street, sidewalks, pathways, and other public rights of way within the city; and
WHEREAS, pursuant to Sec. 34.02.030 Bozeman Municipal Code (BMC) the Department
is authorized to issue permits and collects fees for excavations in the public right of way; and
WHEREAS, pursuant to Sec. 38.400.090(A)(2) BMC the Department is authorized to
issue permits for curb cuts, driveways, and sidewalks; and
WHEREAS, pursuant to Sec. 34.02.040 and Sec. 34.02.050 BMC the Department may
permit obstructions of a public right-of-way for residential or commercial needs; and
WHEREAS, pursuant to Sec. 38.410.060 BMC the Department is authorized to permit
encroachment permits for utility easements in the dedicated right-of-way; and
WHEREAS, pursuant to Sec. 38.600.180 BMC the Department is authorized to collect
an application review fee for flood plain permits in an amount established by city commission
resolution; and
WHEREAS, pursuant to Sec. 40.02.740 BMC the Department is authorized to review fire
flow applications; and
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WHEREAS, pursuant to Sec. 34.05.080 BMC the Department is authorized to issue
permits and collect fees for exclusive use of a public right-of-way in the downtown business
district; and
WHEREAS, pursuant to Chapter 34, Article 8 BMC the City is authorized to permit and
recover costs related to parades and public assemblies including costs of traffic control signals
and street closures for events; and
WHEREAS, pursuant to Sec. 34.08.220 BMC the City is authorized to issue waivers for
open containers of alcohol and collect associated fees;
WHEREAS, the Department completed an Engineering Review Fee Study in 2024 to
reevaluate fees collected by the Department of Transportation and Engineering and to examine
the full cost to the city for providing these services and cost recovery. The results of the fee study
identified services the Department currently provides but is not assessing fees for; where fees
currently collected are well below cost recovery amounts; and recommendations with industry
standards to revise the fees to more accurately and equitably recover costs for services.
WHEREAS, Resolution 5589 adopted an updated Transportation and Engineering fee
schedule based on the recommendations included in the 2024 Engineering Review Fee Study;
WHEREAS, incremental adjustments to fees adopted in Resolution 5589 are required
to keep pace with increases in staff cost and to maintain cost of service recovery;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
Transportation and Engineering fees are updated and established as detailed in the
Transportation and Engineering Fee Schedule.
Section 2
The Transportation and Engineering Division Fee Schedule goes into effect September
1, 2026.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th day of August, 2026.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Individual Fee / Service Name
Current
Base Fee Current Variable Fee
Proposed
Base Fee Proposed Variable Fee
Exclusive Use Permit for Downtown B-3 District $100
Additional fee is calculated by multiplying the square-foot area of the
right of way encumbered by the exclusive use, by the total final
square-foot land value of the adjacent property (as determined in
the most recent appraisal by the MT Dept of Revenue for ad valorem
property taxation purposes), multiplied by the whole month
percentage of the calendar year the exclusive use is occurring,
multiplied by a factor of 5%.
$115
Additional fee is calculated by multiplying the square-foot area of the
right of way encumbered by the exclusive use, by the total final
square-foot land value of the adjacent property (as determined in
the most recent appraisal by the MT Dept of Revenue for ad valorem
property taxation purposes), multiplied by the whole month
percentage of the calendar year the exclusive use is occurring,
multiplied by a factor of 5%.
Downtown Sidewalk Encroachment B-3 District $100 N/A $115 N/A
Commercial Encroachment $320 $80 x the number of weeks more than two weeks $370 $80 x the number of weeks more than two weeks
Residential Encroachment $275 $80 x the number of weeks more than two weeks $320 $80 x the number of weeks more than two weeks
ROW Utility Encroachment (long-term)$425 $80 x the number of linear foot increments or fraction thereof $490 $80 x the number of linear foot increments or fraction thereof
Street Closure - Events $75 N/A $90 $350 (if street closure is required)
Sign Operation - Events $75 N/A $90 $350 (if street closure is required)
Sign Installation or Change Permit $150 N/A $175 N/A
Public Assembly Permit $50 $350 (if street closure is required)$60 $405 (if street closure is required)
Parade Permit $50 $350 (if street closure is required)$60 $405 (if street closure is required)
Open Container Permit $50 $140 (if street closure is required)$60 $160 (if street closure is required)
Fire Flow Permit $100 N/A $115 N/A
Flood Plain Permit $150 N/A $500 N/A
Curb Cut / Driveway / Sidewalk $175 $180 x 50 s.f. segments or fraction thereof $205 $180 x 50 s.f. segments or fraction thereof
Street Cut Permits Application Fee $250 Plus (total square feet of impacted area) x ($0.75)$290 Plus (total square feet of impacted area) x ($0.75)
Transportation and Engineering Permit Fee Schedule
FY27 Transportation Engineering Fee Schedule
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