Frequently Asked Questions
What is a sidewalk hazard? A sidewalk hazard is an obstruction of any kind that blocks public travel on the sidewalk.
Who is responsible for constructing, maintaining, and replacing sidewalks? Section 7-4-2 of the Helena City Code 7-4 states that the “abutting property owner” is responsible for building sidewalks to city specifications, and Sections 7-4-8 and 7-4-9 cover maintenance and repair of sidewalks.
I have a brick sidewalk, do I follow the sidewalk ordinance in regards to repairs? No matter whether the sidewalk is constructed of concrete or of bricks you still have to follow the sidewalk ordinance. Brick sidewalks are specifically addressed in Section 7-4-10 of the Helena City Code. This states that you cannot replace a brick sidewalk with concrete unless it is approved by the city commission. In regards to trip hazards the same guidelines will be followed and that is any change elevation that exceeds ¼ inch in sidewalk sections or bricks are in violation of the ordinance.
If I live on a corner and I have to repair the corner section are there any additional regulations that I have to follow? Yes. You have to follow not only the sidewalk ordinance, but you have to follow the Engineering Standards for the City of Helena which references Montana Public Works Standards Specifications and the Americans with Disabilities Act (ADA). It is in the Engineering Standards that states pedestrian ramps shall be installed for any new construction or reconstruction of curb and sidewalk. Basically, if you are repairing the corner sidewalk and there is no ADA pedestrian ramp installed or if there is an older version of a pedestrian ramp you have to install one to current ADA standards.
If I am responsible for maintenance and repairs of my sidewalk, how do I pay for the repairs?
1. Pay the total amount in full;
2. Pay part of the balance, with the remaining balance being covered by a no-interest loan through the City sidewalk replacement program; or
3. Make no payment initially, and the full amount will be subject to a low-interest loan through the City sidewalk replacement program.
What is the sidewalk replacement program? The sidewalk replacement program offered by the City of Helena is a loan package available to property owners to help offset the cost of sidewalk replacement. This is a no-interest loan over a period of 10 years. A statement is sent in December of the year the replacement occurred that explains the total amount due and the payment options. See the previous question for a list of payment options.
There is a tree blocking the sidewalk. Can I trim it or does the city do this? It depends on the location of the tree. You may trim trees, brush, or other plant material on your own property. See Section 7-10-16 of the Helena City Code for height guidelines. Call the City of Helena Parks and Recreation Department at 447-8463 about trimming or removing trees, bushes, or other plant material from boulevards or other City-owned property. The Parks Dept. will issue a work order for the trimming or removal. They prioritize the work orders by starting with the most severe and hazardous first and then others as they come in. Cutting or removing trees from boulevards could subject you to a misdemeanor citation and a fine of up to $350 or up to 60 days in jail or both. See Section 7-10-8 of the Helena City Code. REMEMBER: call before you cut.
Can I repair my damaged sidewalk myself or does someone else have to do this? You have a choice to either repair the sidewalk yourself or to hire a contractor to do the work for you. If you do the work yourself, you must follow the Helena City Code 7-4-2 which has guidelines that must be followed when repairing your sidewalk. You must also obtain a sidewalk permit from the Building Division in the City/County Building located on the 4th floor at 316 North Park Avenue. Permits cost $5 for the first 70 feet and then $2 for each additional 50 feet. If you decide to hire the work out to a contractor make sure they have a Helena Business License. You can contact the Building Division at 447-8437 or 447-8438 for more information.