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Fence Permit / Right-of-Way Encroachment Permit in Lewistown, Montana

Fences on private property in Lewistown are regulated by height, material, and visibility rules under City Code 11-4-3, but do not require a general building permit. A separate Temporary Fence Encroachment Permit from the Public Works Department is required only if the fence is proposed within the public right-of-way.

Verified 2026-07-03 · Source

When you need this permit

  • No solid fence, wall, or hedge over 3 feet in height may be erected or maintained on any street frontage
  • Fences not exceeding 4 feet may be erected along street frontage if constructed of chain-link or other material providing an unobstructed view, approved by the building official
  • Fences, walls, or hedges along side or rear yards not fronting streets must not exceed 6 feet
  • No barbed wire, other sharp fence materials, electrically charged fencing, or metal T-posts allowed in any district
  • Fences must be constructed of approved materials; may not be constructed from railroad ties, rubble, or salvaged material (Ord. 1726, 7-6-2009)
  • Corner lots may not have fences, walls, hedges, or other sight obstructions over 3 feet within the designated 'clear view triangle'
  • No fence, wall, or hedge may be erected or maintained in any public right-of-way unless a Temporary Fence Encroachment Permit has been obtained from the Public Works Director
  • Where no sidewalk exists, no fence may be installed closer than 1 foot to the back of any future sidewalk
  • To obtain a Temporary Fence Encroachment Permit: obtain an application at the Public Works Office; include a scaled drawing showing property lines and proposed fence location; permit must be approved by the Public Works Director prior to construction; all projects require a City inspection after completion

Required documents

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Fee schedule

Temporary Fence Encroachment Permit feeNo fee amount is published in the City's Fences brochure (Public Works, 2015) or elsewhere on the City's site. Left null rather than estimated; contact Public Works at (406) 535-1770 or publicworks@ci.lewistown.mt.us for current fee information.
Not published — contact the department

Review timeline

Plan review
Not published — contact the department

How long did your Fence Permit / Right-of-Way Encroachment Permit permit actually take in Lewistown?

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Inspection process

  1. 1

    Final Inspection

    All fence/encroachment projects require inspection by the City after completion, per the Fences brochure

See the full Lewistown inspection guide — scheduling & re-inspection fees →

Tips

  • Fences under 6 feet in side/rear yards not fronting a street, and under 3-4 feet on street frontage (per the chain-link/visibility exception), generally do not require a building permit — but a right-of-way encroachment permit is required only if the fence extends into the public right-of-way.
  • The City is not licensed to survey and is not responsible for confirming lot lines — hiring a surveyor is recommended to confirm the property line before fence placement.
  • Contact Public Works at (406) 535-1770 or publicworks@ci.lewistown.mt.us with fence-related questions, including determining the width of the public right-of-way.

Frequently asked questions

A general building permit is not required for a compliant fence on private property (subject to City Code 11-4-3 height/material/visibility rules), but a Temporary Fence Encroachment Permit from the Public Works Department is required if any part of the fence is located within the public right-of-way. Source: City of Lewistown Fences brochure, Public Works Department.

Lewistown does not publish a plan-review timeline for this permit. Contact City of Lewistown Building Department — Building Inspector Joe Ward; city-certified for Building (B) permits only. Electrical, Plumbing, and Mechanical permits within Lewistown city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. at (406) 535-1776 for current turnaround.

You'll need: Scaled Drawing. Depending on your project, Lewistown may also ask for: Temporary Fence Encroachment Permit Application. See the required-documents checklist on this page for details on each.

Lewistown requires 1 inspection(s) for a fence permit / right-of-way encroachment permit, in order: Final Inspection. Schedule each through City of Lewistown Building Department — Building Inspector Joe Ward; city-certified for Building (B) permits only. Electrical, Plumbing, and Mechanical permits within Lewistown city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. ((406) 535-1776).

Apply through City of Lewistown Building Department — Building Inspector Joe Ward; city-certified for Building (B) permits only. Electrical, Plumbing, and Mechanical permits within Lewistown city limits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau, not the City. at 305 W Watson St, Lewistown, MT 59457 (Building Department office also cited at 308 4th Avenue South, Lewistown, MT). Phone: (406) 535-1776, email: building@ci.lewistown.mt.us. Office hours: Not published on the City's Building Department page as of this review. Building Inspector: Joe Ward, (406) 535-1776, building@ci.lewistown.mt.us; general Building Department line/fax (406) 535-1760 / (406) 535-3323 per city directory listings.. Official information: https://www.cityoflewistown.com/services/building-department.

Lewistown, Montana has adopted: Montana has a mandatory statewide building code administered by the Montana Department of Labor & Industry (DLI) Building Codes Bureau, amended by the Administrative Rules of Montana (ARM) Title 24, Chapter 301. Cities, counties, and towns may become 'certified' to locally administer permitting and inspection for all or part of the code; non-certified trades in a partially-certified jurisdiction fall under direct state administration by the DLI Building Codes Bureau. Source: Montana DLI Building Codes Bureau, Certified Local Government Program roster (bsd.dli.mt.gov/building-codes-permits).; Lewistown is a Montana DLI-certified jurisdiction for Building (B) ONLY within city limits; certified building official on file with DLI: Holy Phelps, (406) 535-1776. Source: Montana DLI Building Codes Bureau, 'Montana Certified Local Government Program' roster, updated 04/22/2026, https://bsd.dli.mt.gov/_docs/building-codes-permits/certified-city.pdf — verified directly against the PDF (row: 'Lewistown | B | Holy Phelps | 535-1776 | City Limits').; Per the City of Lewistown's own Public Notice 'Adoption of Building Codes' (Lewistown Public Works Administrative Order, dated August 12, 2022, issued pursuant to Lewistown Ordinance Section 4-4-1 adopted by the City Commission May 6, 2002, signed by Public Works Director Tim Majerus), the following codes are adopted and effective within the City of Lewistown as of September 1, 2022: International Building Code 2021 Edition (as amended by ARM 24.301.131), International Residential Code 2021 Edition (as amended by ARM 24.301.154), International Energy Conservation Code 2021 Edition (as amended by ARM 24.301.161), and International Existing Building Code 2021 Edition (as amended by ARM 24.301.171). Source: City of Lewistown, images/pdf/2021-Code-adoption.pdf; The City's Commercial Building Permit Checklist (Revised 9/1/2022) additionally references the International Fire Code, 2012 Edition, as amended by ARM 23.12.601, and the City of Lewistown's Ordinance #1749 and #1750 as part of the adopted codes and ordinances applicants must show compliance with. Source: City of Lewistown, images/pdf/Commercial-Permit-Checklist-10.2022.pdf; The City's Residential Building Permit Application Procedure (Admin approved 1/30/2015) states plans must comply with the '2012 International Residential Code (IRC), 2012 International Energy Conservation Code as amended by ARM 24.301.161' — this is a stale reference predating the City's own September 2022 code-adoption notice; the governing current codes are the 2021 editions per the City's 2022 Public Works Administrative Order above. Source: City of Lewistown, images/pdf/Respremit012015.pdf (dated 2015, superseded in substance by the 2022 adoption notice but still the only published residential application-procedure document found); Per the Montana DLI Building Codes Bureau's Current Codes reference (statewide effective date June 11, 2022): 2021 IBC, 2021 IRC, 2021 IEBC, 2021 IMC, 2021 IFGC, 2021 IECC, 2021 ISPSC, 2021 UPC, 2020 NEC, 2017 ICC A117.1 Accessibility — consistent with the codes the City of Lewistown's own 2022 adoption notice cites for its Building-certified scope.. Local amendments apply — see the Lewistown overview page for the full list.

Sources & verification

Verified against official sources. Last reviewed 2026-07-03.

Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Lewistown building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.

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