Bolthole Index

Montgomery County, Kansas

Building permits, zoning and land rules in Montgomery County, Kansas

63Index Score / 100
#11 of 105 in Kansas

Unincorporated Montgomery County, Kansas has a land-use permit for proposed improvements and uses within the county's three-mile zoning area, but the county has not confirmed a countywide residential building-code permit1. The Environmental Health & Zoning office reviews the land-use permit and administers the county's septic process23. Before buying rural land, confirm that office's jurisdiction over the parcel and ask which approvals apply to the specific project.

At a glance

Building permit
Land-use permit within the county's three-mile zoning area; countywide building-code permit unconfirmed1
Zoning
County zoning applies within a three-mile zoning area; countywide coverage is unconfirmed4
Septic
County-administered through Environmental Health & Zoning3
RV / tiny home living
Residential occupancy rules are unconfirmed; ask Environmental Health & Zoning4
Minimum lot size
Depends on the applicable county zoning district5
Water well
County permit required for a new individual onsite well6
Owner-builder exemption
No explicit county exemption was confirmed7

Who to call

Zoning

Montgomery County Environmental Health & Zoning

County zoning, land-use permits, land divisions and zoning-compliance questions.

620-330-1190

217 E Myrtle St, Independence, KS 67301

Online permits →

Septic permits

Montgomery County Environmental Health & Zoning

Septic and lagoon applications, wastewater inspections and administration of the Montgomery County Sanitary Code.

620-330-1190

217 E Myrtle St, Independence, KS 67301

Online permits →

Roads & driveways

Montgomery County Public Works

County roads, bridges and entrance requests; also answers driveway questions tied to rural address assignment.

620-330-1170

[email protected]

217 E Myrtle St, 2nd Floor, Independence, KS 67301

Online permits →

Also useful

Montgomery County GIS Mapping

NG-911 address assignment for rural parcels after driveway and building-location information is available.

620-330-1050

[email protected]

217 E Myrtle St, Independence, KS 67301

Online permits →

Contact details are copied from each office’s official page and were checked against it on September 27, 2026.

Do you need a building permit in Montgomery County, Kansas?

Montgomery County requires a land-use permit for proposed improvements and land uses within its three-mile zoning area1. The permit is a zoning-compliance review, not proof of a countywide residential building-code permit, and its processing fee is $751. Montgomery County's published materials also describe inspections of buildings, structures and land uses for compliance with zoning regulations, rather than general construction-code inspections8. A countywide building-code adoption and certificate-of-occupancy requirement could not be confirmed, so ask Environmental Health & Zoning whether the parcel is inside the regulated area and whether the exact project needs anything beyond land-use review2. Incorporated cities may run their own permitting and codes programs; confirm whether the parcel is inside city limits before relying on the county process. Kansas places building-energy-code adoption and enforcement mainly with local jurisdictions, while the statewide commercial energy standard does not establish a general residential permit for a rural home9.

Who handles Montgomery County building and land-use permits?

Montgomery County Environmental Health & Zoning is the first call for rural building, zoning, land division and septic questions2. The county's online land-use form asks for the proposed use, legal description, current zoning, floodplain status, utility availability, wastewater plans, construction type and a blueprint; payment comes before review10. The form covers changes such as residential, commercial and agricultural construction or placement of a mobile home within the applicable zoning area1. For a new rural address, Montgomery County GIS Mapping needs the driveway and building-location information, and the driveway must be clear from the county road to the parcel edge1112. Montgomery County Public Works takes county-road entrance requests and can answer access or culvert questions13. A driveway connecting to the state highway system instead requires a state highway permit before work begins in the right-of-way14.

Does Montgomery County, Kansas have zoning?

Montgomery County enforces zoning classifications within a county-defined three-mile zoning area, including agricultural, residential, commercial and industrial districts4. The official material does not establish zoning across every unincorporated parcel, so countywide coverage remains unconfirmed; Environmental Health & Zoning can identify the applicable district from the parcel location2. Where county zoning applies, minimum lot area, setbacks, lot coverage and building height depend on the local zoning classification rather than a single Kansas-wide number15161718. A parent tract may be divided once outside the subdivision process only when the resulting property meets the district's minimum lot and yard requirements; further division is treated as a subdivision519. Kansas generally exempts land and buildings used only for agricultural purposes from locally adopted zoning, but floodplain rules and public-road setbacks can still apply, and a dwelling is not treated as an agricultural building20.

How do septic and well permits work in Montgomery County?

Montgomery County Environmental Health & Zoning administers onsite wastewater under the county Sanitary Code, and a new septic or lagoon project starts with the county's application321. The published county fee schedule lists $200 for a new onsite wastewater facility installation, while the current online application separately states that a $150 inspection fee must be received before inspection; confirm the total current charge with the office2221. Kansas minimum standards allow an approved septic system, wastewater pond or alternative system when public sewer is unavailable, but prohibit seepage pits, cesspools, dry wells and surface discharge2324. Soil planning matters here: 0% of mapped county soils are rated free of severe limitations for a conventional drain field, so a site evaluation may point toward a specially designed system25. A new individual onsite water well also requires a county permit, with a published $50 drilling-permit fee622.

Can you live in an RV or tiny home in Montgomery County?

Montgomery County has not confirmed a specific rule for long-term RV occupancy, temporary camping, tiny-home occupancy or accessory dwellings. The county's land-use form does cover new residential construction and mobile homes within the three-mile zoning area, so do not treat the absence of an RV or tiny-home rule as permission1. Ask Environmental Health & Zoning whether the parcel is within county zoning, which district applies, and how that district treats the intended dwelling and occupancy2. No numeric minimum dwelling size was confirmed, while lot size, setbacks, coverage and building height depend on the applicable local zoning classification where zoning applies15161718. A manufactured home remains subject to applicable county or city zoning, although Kansas does not allow a governing body to exclude manufactured homes from its entire zoning jurisdiction26. Any occupied setup still needs an approved wastewater solution rather than a prohibited surface-discharge arrangement23.

Building a home in Montgomery County: the steps, in order

  1. Confirm whether the parcel is inside a city, inside Montgomery County's three-mile zoning area or elsewhere in the unincorporated county; Environmental Health & Zoning can identify the controlling jurisdiction24.
  2. Submit the county land-use application if the project lies within the regulated area, including the site, use, utilities, wastewater information and blueprint; the $75 fee is paid before review101.
  3. Start the septic or lagoon application with Environmental Health & Zoning before construction and arrange the required inspection213.
  4. Apply for the county's $50 permit before drilling a new individual onsite water well6.
  5. Coordinate a county-road entrance with Public Works, or obtain a state permit if the driveway connects to a Kansas highway1314.
  6. Establish the clear driveway and submit the NG-911 address form to GIS Mapping with the building location1112.

What should you check before buying land in Montgomery County?

Start with jurisdiction: verify the city limits, the county's three-mile zoning boundary, the parcel's zoning district and any floodplain designation with Environmental Health & Zoning42. Test septic feasibility early because 0% of mapped county soils are rated free of severe limits for a conventional drain field25. Montgomery County does not provide water service, and the applicable rural water district depends on the parcel's location, so confirm service availability before assuming a connection is possible2713. The county receives about 42.4 inches of precipitation annually, while severe drought occurs in about 22.8% of years; water planning still matters despite the rainfall average2829. Typical farmland value is about $2,685 per acre, the effective property-tax rate is about 1.7%, and the median property-tax bill is about $1,562 per year303132. The nearest city of 100,000 or more is about 71 miles from the county center, which can affect access to specialized contractors and services33.

Watch-outs

  • Montgomery County's confirmed permit is a zoning-compliance land-use permit within a three-mile zoning area; a countywide residential building-code permit and certificate of occupancy could not be confirmed, so ask Environmental Health & Zoning about the parcel and project12.
  • Long-term RV living, temporary camping, tiny-home occupancy and a minimum dwelling size remain unconfirmed; the applicable zoning district may still control the answer4.
  • The county fee schedule lists $200 for a new onsite wastewater facility, while the current online application states a $150 inspection fee; ask Environmental Health & Zoning which charges apply to a new installation2221.

Sources

  1. Land Use Permit, quoted and re-checked
  2. Montgomery County Environmental Health & Zoning (mgcountyks.org)
  3. Montgomery County, KS - Environmental Health (2026 county census)
  4. Montgomery County, KS - Land Use Permit (2026 county census)
  5. Lot, Tract, Parcel Split Permit, quoted and re-checked
  6. Montgomery County Sanitary Code summary, quoted and re-checked
  7. (2026 county census)
  8. Montgomery County Land Division Regulations, quoted and re-checked
  9. Kansas Building Energy Codes (Kansas statewide rule), quoted and re-checked
  10. Land Use Permit, quoted and re-checked
  11. Montgomery County GIS Mapping (mgcountyks.org)
  12. NG-911 Addresses, quoted and re-checked
  13. Montgomery County Public Works (mgcountyks.org)
  14. Kansas Administrative Regulations, Volume 3 (Kansas statewide rule), quoted and re-checked
  15. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  16. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  17. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  18. K.S.A. 12-753 — Zoning regulations; districts; restrictions (Kansas statewide rule), quoted and re-checked
  19. Montgomery County Land Division Regulations, quoted and re-checked
  20. K.S.A. 12-758 — Agricultural land exempted from zoning regulations (Kansas statewide rule), quoted and re-checked
  21. Montgomery County Environmental Health & Zoning (mgcountyks.org)
  22. Land Use Permit, quoted and re-checked
  23. MF2214 Minimum Standards for Design and Construction of Onsite Wastewater Systems (Kansas statewide rule), quoted and re-checked
  24. MF2214 Minimum Standards for Design and Construction of Onsite Wastewater Systems (Kansas statewide rule), quoted and re-checked
  25. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  26. K.S.A. 75-1218 — Exemption from construction codes; zoning (Kansas statewide rule), quoted and re-checked
  27. Public Works, quoted and re-checked
  28. Annual precipitation: Bolthole Index county data
  29. Share of years in severe drought: Bolthole Index county data
  30. Farmland value per acre (USDA census): Bolthole Index county data
  31. Effective property tax rate: Bolthole Index county data
  32. Median property tax bill: Bolthole Index county data
  33. Distance to the nearest metro area: Bolthole Index county data

Written September 27, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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County locator

Montgomery County in Kansas

63
County map
Montgomery County highlighted among the Kansas counties · colored by Index score

How Montgomery County scores

Seclusion61100% ev.
Self-Sufficiency60100% ev.
Admin Boringness5790% ev.
Durability38100% ev.
Property Autonomy47100% ev.
Carry Cost75100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$104kTypical home
1.7%Property tax
$2,685Land / acre
42.4"Annual rain
22.8% of yrsSevere drought
25.7 / yr (+18.5)Mid-century 100°F days
20.6 daysMid-century dry spell
2.26" (+8%)Mid-century 1-day rain
1.48×Wildfire change factor
100%Forward climate coverage
$2,238Home insurance / yr
1.6% / yrInsurance growth
1.12%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
20,356People within 30 min
1,793,473People within 2 hr
23,480Radius comparison (15 mi)
47.5People / sq mi
0.8%Federal land
96.2%Land at 15% slope or less
0%Septic soil without severe limits
0 acWorkable land screen
21.5%Wooded land
46.1 tonsBiomass / forest ac
58.1°FAvg temp

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Answers from the rulebook for Montgomery County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Montgomery County rules

  • Building permitLimited

    Proposed improvements and land uses within Montgomery County's three-mile zoning area.

    • The official page describes a Land Use Permit for zoning compliance, not a countywide building-code permit.
    • A $75 fee is charged to process the Land Use Permit.
    • After submission, the applicant is contacted to pay the fee before the permit is reviewed.

    land use permit processing fee: 75 USD

    “There is a $75 fee to process the Land Use Permit.”
  • InspectionsLimited

    Inspections for buildings, structures, and land uses for compliance with county zoning regulations.

    • The available official regulation text describes zoning-compliance inspections, not general building-code inspections.
    • The cited regulation applies to the county zoning jurisdiction.
    “Conduct inspections of buildings, structures and uses of land to determine compliance”
  • Minimum lot sizeSpecified

    Lot splits and newly created lots in the applicable county zoning district.

    • A parent tract may be divided once without complying with subdivision regulations only if it meets the minimum lot requirements of the respective zoning district.
    • Further division is treated as a subdivision and must comply with subdivision regulations.
    • The available source does not provide the numeric minimum for each zoning district.
    “minimum lot and yard requirements of the respective zoning district.”
  • Well permitRequired

    Construction of new individual onsite water wells.

    • The county sanitary code amended in 1993 addressed construction, reconstruction, or abandonment of individual water wells.
    • The official summary states that permitting procedures apply to any proposal for construction of a new well.
    • The fee schedule lists a $50 individual water well drilling permit fee.

    individual water well drilling permit fee: 50 USD

    “permitting procedures for any proposal of any new well’s construction.”
  • Mandatory utility hookupConditional

    Water-service availability for property in Montgomery County.

    • Montgomery County does not provide water service.
    • Multiple rural water districts operate within the county; the applicable district depends on property location.
    • The source does not establish county-provided sewer service.
    “Montgomery County does not offer water service. However, there are multiple rural water districts within Montgomery County.”
  • Subdividing landRegulated (with conditions)

    Subdivisions subject to Montgomery County Land Division Regulations.

    • A final plat cannot be filed or recorded until acted upon by the Planning Board and approved by the Governing Body.
    • A preliminary-plat application requires 20 copies and a fee of $100 per lot, capped at $500 per subdivision.
    • A parent tract may be divided once without subdivision-regulation compliance if it meets the applicable zoning-district minimum lot and yard requirements.

    preliminary plat fee: $100 per lot, not to exceed $500 per subdivision USD

    “approved by the Governing Body as required herein.”
  • Driveway accessLimited

    Obtaining a 911 address for property outside city limits.

    • A clear driveway must run from the county road to the edge of the parcel.
    • If there is no driveway, the applicant may contact Public Works for more information.
    • This source addresses 911 addressing, not a general driveway-construction permit.
    “there needs to be a clear driveway (from the county road to the edge of the parcel).”
  • Permit feesPublished (with conditions)

    Published county environmental, zoning, land-use, subdivision, wastewater, and well fees.

    • The Land Use Permit page states a $75 processing fee.
    • The county environmental fee schedule lists wastewater, water-well, zoning, and subdivision-related fees.
    • Fees may vary by permit type.

    land use permit processing fee: 75 USD · new onsite wastewater facility installation: 200 USD · individual water well drilling permit: 50 USD · tract split fee: 50 USD

    “New Onsite Wastewater Facility Installation $200 [...] Individual Water Well Drilling Permit $50”
  • Permit processPartial

    County land-use, wastewater, well, and subdivision permit processes.

    • Land-use submissions include the proposed use, legal description, zoning, floodplain question, utilities, wastewater-system question, proposed construction type, blueprint, and electronic signature.
    • The Land Use Permit fee is paid before review.
    • The lot-split application must be completed and signed, include three copies of drawings or survey, and the $50 filing fee is required before Planning Commission submission.
    • The county septic application requires approval before construction or improvement consistent with the Director of Environmental Health and Sanitary Code.
    “Please include three copies of the drawings or survey.”
  • County-wide zoningPresent

    The county enforces zoning classifications (Agriculture, R-1 through R-4, commercial, industrial) within a three-mile zoning area of the unincorporated county.

    Montgomery County, KS - Land Use Permit ↗Scouted from the county site, not yet independently re-checked

Kansas rules that apply here

  • Building code adoptedPartial

    Statewide Kansas building-energy-code and state fire-prevention-code framework, including new commercial and industrial structures and specified classes of new construction, additions, and occupancy changes.

    • Kansas is a home rule state and local jurisdictions retain responsibility and authority for adoption and enforcement of building energy codes.
    • The statewide IECC 2006 standard applies to new commercial and industrial structures.
    • The state corporation commission has no authority to adopt or enforce energy-efficiency standards for residential, commercial, or industrial structures.
    • Cities and counties may adopt or enforce energy-efficiency standards within their jurisdictions.
    • Kansas State Fire Marshal review for the Kansas Fire Prevention Code applies to the building and occupancy categories listed on the official plans-review page, including large assembly, specified educational and institutional occupancies, and specified residential occupancies.
    • For new homes, the state requires homebuilders and realtors to disclose certain energy-efficiency information using the Kansas Energy Efficiency Disclosure form.

    state energy-efficiency code: 2006 International Energy Conservation Code (IECC 2006) (Applicable state standard for new commercial and industrial structures) · state fire-prevention building code: 2006 International Building Code (IBC) and International Fire Code (IFC) (Projects reviewed for compliance with the Kansas Fire Prevention Code; applicability depends on the project and occupancy categories stated by the State Fire Marshal)

    “Because Kansas is a home rule state, the responsibility for adoption and enforcement of building energy codes lies with local jurisdictions.”
    One more reviewed finding on this topic
    • Partial — Kansas statewide building-code adoption authority as specifically addressed by the state energy-efficiency statute.
      “The International Energy Conservation Code 2006 (IECC 2006) is hereby adopted as the applicable energy efficiency standard for new commercial and industrial structures in this state.”
  • Certificate of occupancyRequired

    Any portion of a State of Kansas-owned building that has been in construction or has a change in occupancy, under the Department of Administration DCC process.

    • Form 150 is issued before occupancy of any portion of a building that has been in construction or has a change in occupancy.
    • Healthcare and childcare occupancies and Board of Regents capital-improvement projects require OSFM participation in construction inspections before authorization or acceptance of occupancy.
    • The manual states that failure to submit the occupancy request and schedule required inspections results in denial of occupancy.

    certificate form: Form 150 - Certificate of Occupancy

    “Form 150 - Certificate of Occupancy will be issued by DCC prior to occupancy of any portion of a building that has been in construction or has a change in occupancy. For Healthcare and Childcare Occupancies and Capital Improvement Projects for the Board of Regents, OSFM will perform construction inspections prior to authorization/acceptance of occupancy.”
  • Zoning districtsPartial

    Kansas cities and counties that adopt zoning regulations under K.S.A. 12-753

    • The statute authorizes, but does not require, each city or county to adopt zoning regulations.
    • A governing body may divide territory into districts of different number, shape, area, and classes according to land and building use and intensity.
    • Adopted regulations may regulate building height, stories, size, lot coverage, yards, open space, population density, land uses, natural-resource conservation, floodplain land, and setbacks from streets or highways.
    • District boundaries must be defined in the regulations or by an incorporated official map.
    • County zoning maps must be marked as the official copy incorporated by board-of-county-commissioners resolution and filed with the county clerk or another designated public office.
    • City zoning maps must be marked as the official copy incorporated by governing-body ordinance and filed with the city clerk or another designated public office.
    • The regulations and accompanying maps are public records.
    • The section became effective on and after January 1, 1992.

    effective date: 1992-01-01

    “The governing body may divide the territory subject to its jurisdiction into districts of such number, shape, area and of such different classes”
    One more reviewed finding on this topic
    • Partial — Kansas statutory framework governing zoning districts adopted by cities and counties; this does not publish the actual district maps or classifications for each local jurisdiction.
      “The governing body may divide the territory subject to its jurisdiction into districts of such number, shape, area and of such different classes”
  • SetbacksDistrict specific (with conditions)

    Building setbacks and yard or open-space requirements established by applicable Kansas municipal or county zoning regulations.

    • Actual setback distances are determined by the applicable local zoning classification or applicable highway/street setback resolution.
    • Agricultural buildings may still be regulated for setbacks from public roads under K.S.A. 19-2960.
    • No statewide numeric setback distance was identified.

    yard, court, open-space, or street/highway setback: local regulation

    “the size of yards, courts and other open spaces”
  • Lot coverageDistrict specific (with conditions)

    Percentage of a lot that may be occupied under applicable Kansas municipal or county zoning regulations.

    • Actual lot-coverage percentage is set by the applicable local zoning classification, if adopted.
    • No statewide numeric lot-coverage percentage was identified.

    maximum percentage of lot occupied: local zoning classification percent

    “the percentage of lots that may be occupied”
  • Building heightDistrict specific (with conditions)

    Building height and number-of-stories restrictions established by applicable Kansas municipal or county zoning regulations.

    • Actual height or story limits are set by the applicable local zoning classification, if adopted.
    • No statewide numeric building-height limit was identified.

    maximum building height or stories: local zoning classification

    “restrict and regulate the height, number of stories and size of buildings”
  • Manufactured homesLimited

    Placement and residential occupancy of manufactured homes in Kansas jurisdictions with applicable county or city zoning regulations.

    • Manufactured homes remain subject to applicable county and city zoning regulations.
    • A governing body may not exclude manufactured homes from its entire zoning jurisdiction.
    • A governing body may not exclude residential-design manufactured homes from single-family residential districts solely because they are manufactured homes.
    • Architectural or aesthetic standards compatible with site-built housing may still apply.
    • Valid restrictive covenants running with the land are not preempted.
    • The source states the zoning provision became effective January 1, 1992.
    “All mobile homes shall be subject to zoning regulations of counties and cities applicable to areas in which such homes are located.”
  • Who permits septicMixed (with conditions)

    Domestic onsite wastewater systems statewide in Kansas, including septic tanks, soil absorption fields, lagoons, and approved alternative systems.

    • KDHE establishes statewide minimum standards under K.A.R. 28-5-6 to 9 and Bulletin 4-2.
    • Local governments may adopt stricter sanitary or environmental codes, approve plans, issue construction and operating permits, and grant variances.
    • Sanitary codes are usually administered through county health departments.
    • Where no local code exists, landowners must comply with K.A.R. 28-5-6 to 9 and the statewide minimum standards.
    “Local governments have the authority to adopt minimum requirements (codes) for onsite wastewater management systems, to approve individual plans, to issue permits for construction, to issue permits for operation, and to grant variances. County sanitary (environmental) codes specify local design and permitting requirements. [...] If there is no local code, landowners are required to comply with Kansas Administrative Regulations (K.A.R.) 28-5-6 to 9 and minimum standards in this bulletin.”
  • Septic permitLimited

    Private onsite wastewater systems throughout Kansas, where permit requirements depend on applicable county or other local sanitary/environmental codes.

    • Local governments may adopt codes and issue construction and operating permits.
    • County sanitary or environmental codes specify local design and permitting requirements.
    • If there is no local code, landowners must comply with K.A.R. 28-5-6 to 9 and KDHE Bulletin 4-2.
    • All septic tanks installed in Kansas must comply with KDHE Bulletin 4-2.
    • The cited state materials do not establish a single construction- and operating-permit requirement applicable statewide.

    applicable state regulations without local code: K.A.R. 28-5-6 to 9 · state minimum standard: KDHE Bulletin 4-2

    “County sanitary (environmental) codes specify local design and permitting requirements. [...] If there is no local code, landowners are required to comply with Kansas Administrative Regulations (K.A.R.) 28-5-6 to 9 and minimum standards in this bulletin.”
  • Off-grid sanitationLimited

    Domestic wastewater disposal without a public sewer connection, using an approved septic system, lagoon, or alternative onsite system.

    • Domestic wastewater must be discharged to an approved sewage collection system, approved lagoon, septic system, alternative system, or permitted sewage treatment plant.
    • Private sewerage facilities are conditioned on public sewers not being available and on compliance with local requirements.
    • Seepage pits, cesspools, and dry wells (rat holes) are not permitted.
    • No private onsite wastewater system may have a surface discharge.
    • Alternative systems may require a local variance; where there is no local code, KDHE may grant a variance.
    “Wastewater from a home shall be discharged to a properly designed and maintained septic tank–soil absorption field or wastewater pond, an approved alternative treatment and disposal system, or a permitted sewage treatment plant. Seepage pits, cesspools, and dry wells (rat holes) are not permitted. [...] No private onsite wastewater system shall have a surface discharge.”
  • Agricultural exemptionAvailable (with conditions)

    Use of land for agricultural purposes and erection or maintenance of agricultural buildings under city or county zoning regulations adopted under Kansas planning and zoning statutes.

    • The exemption applies only while the land and buildings are used for agricultural purposes and not otherwise.
    • The exemption does not apply to flood-plain regulations in designated flood plains.
    • Under K.S.A. 19-2960, dwellings, garages, and other similar accessory buildings are not agricultural buildings.
    • Under K.S.A. 19-2960, all buildings, including agricultural buildings, may be regulated for setbacks from public roads.
    • K.S.A. 12-758 applies to regulations adopted by a city pursuant to K.S.A. 12-715b or by a county pursuant to the planning and zoning act.

    agricultural-use condition: land and buildings must be used for agricultural purposes and not otherwise (Flood-plain regulations remain applicable.) · public-road setback exception: permitted (Agricultural buildings may be regulated as to setbacks from public roads under K.S.A. 19-2960.)

    “regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply”
  • Building in a floodplainLimited

    Statewide Kansas framework governing locally adopted floodplain zones, districts, and floodplain development regulations

    • A local governing body may establish floodplain zones and districts; the statute does not itself impose one uniform permit requirement on every development statewide.
    • Any floodplain regulations must comply with the minimum requirements of the National Flood Insurance Act of 1968 and rules adopted under it.
    • Before adoption, a local ordinance, resolution, regulation, or plan creating or changing a floodplain zone or district, or regulating structures, encroachments, or land uses in the area, must be submitted to the chief engineer of the Kansas Department of Agriculture's Division of Water Resources.
    • The chief engineer may require complete maps, plans, profiles, specifications, and textual matter; approval or disapproval is due within 90 days after receipt of all required data, and failure to act within that period results in deemed approval.
    • Under K.A.R. 5-44-4, local floodplain zoning regulations must identify flood hazard areas by a specific map, meet or exceed federal minimum requirements, meet or exceed applicable chief-engineer requirements, and designate a local floodplain administrator responsible for reviewing and issuing floodplain development permits.
    • K.A.R. 5-44-1 states that its definitions apply in administering K.S.A. 12-766; its listed effective dates are January 1, 1992 and February 17, 1992.

    chief engineer review period: 90 days (After receipt of all data required by the chief engineer; failure to approve or disapprove within the period results in deemed approval.) · flood threshold referenced by K.S.A. 12-766: 1% annual chance (The governing body may restrict application to lands adjacent to watercourses subject to floods of a lesser magnitude than that having a one-percent chance occurrence in any one year.)

    “The governing body may establish flood plain zones and districts and restrict the use of land therein”
    One more reviewed finding on this topic
    • Limited — Development in special flood hazard areas under Kansas local floodplain-management ordinances based on the Kansas Department of Agriculture model ordinance.
      “In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit”
  • Short-term rentalsLimited

    Short-term rentals and vacation units or properties regulated by a Kansas municipality during the temporary statutory period from May 15, 2026 through July 25, 2026.

    • The temporary rule applied from May 15, 2026 through July 25, 2026.
    • No municipality could limit the number of permits or other municipal authorizations or limit rental duration during that period.
    • Completed authorization applications had to receive a response within 15 calendar days.
    • If the municipality failed to process and respond within 15 calendar days, the application was deemed approved and no additional municipal regulation or code requirement could be imposed as a condition of approval.
    • The definition excluded a permanent guest or a person occupying under a contract intended for long-term or permanent occupancy for more than 28 consecutive days within the period.

    application response deadline: 15 calendar days (completed municipal authorization applications during the statutory period)

    “During such period, all completed applications to a municipality [...] shall be processed by the municipality [...] within 15 calendar days.”
  • county zoning authorityGeneral

    Kansas counties adopting zoning regulations for all or any portion of unincorporated county territory.

    • The authority is exercised by the board of county commissioners through resolution and under the applicable planning-and-zoning act.
    • Permissible subjects include building height, number of stories, building size, lot coverage, yards and open spaces, population density including minimum lot dimensions, building and land uses, and floodplain land use.
    • County zoning jurisdiction may cover all or any portion of the unincorporated area; incorporated municipalities have separate statutory zoning jurisdiction.
    “The board of county commissioners, by resolution, may provide for the adoption or amendment of zoning regulations for the unincorporated portion of the county in the manner, and for the purposes, provided by this act.”
  • county building authorityLimited

    Kansas counties' authority to require building permits and regulate construction in unincorporated areas through subdivision regulations

    • The county must first adopt a comprehensive plan before adopting subdivision regulations under K.S.A. 19-2961.
    • The permit procedures apply to lots divided, subdivided, resubdivided, or replatted within an area governed by the county's subdivision regulations.
    • No building authorization may be granted for a structure on a lot subdivided, resubdivided, or replatted after adoption of the regulations unless the statutory approval process is followed.
    • Regulations must provide a building-permit procedure for lots divided into not more than two tracts without replatting, unless otherwise provided.
    • Permit procedures must account for zoning regulations, adequate street rights-of-way, easements, and improvement of public facilities, and specify a decision time limit.
    • The statute permits the final permit decision to be made by the county commission, subject to other law.

    maximum tracts for permit without replatting: <= 2 tracts (unless otherwise provided by the county regulations)

    “Any regulations adopted by the board of county commissioners with reference to subdividing lots shall provide for the issuance of building permits”
    One more reviewed finding on this topic
    • General — Kansas counties adopting and enforcing building codes in unincorporated portions of the county.
      “Any part of a code adopted pursuant to the provisions of this section may be made applicable, by resolution, either to all unincorporated portions of the county or to any area of the county outside of but within three (3) miles of the nearest point of the corporate limits of any city.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Owner-builder exemption — Owner-builder exemptions.
  • Minimum dwelling size — Minimum dwelling size requirements.
  • Living in an RV — Long-term or residential RV occupancy.
  • Camping on your land — Temporary camping on private property.
  • Tiny homes — Tiny-home occupancy.
1 more unanswered
  • Accessory dwellings

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Living off-grid in Montgomery County, Kansas

Is Montgomery County a good place to live off-grid or homestead?

Montgomery County scores 63/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 20,356 people within a 30-minute drive. Watch-outs: elevated mid-century heat, water, rain, or wildfire exposure.

Do you need a building permit in Montgomery County, Kansas?

Montgomery County requires a building permit only in limited cases (such as floodplains or specific zones), and it enforces county zoning. Onsite septic is permitted by Montgomery County Environmental Health. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Montgomery County, Kansas?

Land in Montgomery County runs about $2,685 per acre, based on the latest county data.

What is the water situation in Montgomery County?

Montgomery County gets about 42.4" of rain a year, with severe drought in roughly 22.8% of years.

How remote is Montgomery County?

A representative private-land location has about 20,356 people within a 30-minute drive and 1,793,473 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

Off-grid gear

Going off-grid in Montgomery County means bringing your own water and power. The kit we’d start with:

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How Montgomery compares in Kansas

Compare side-by-side →See all 105 Kansas counties ranked →