Bolthole Index

Broadwater County, Montana

Building permits, zoning and land rules in Broadwater County, Montana

75Index Score / 100
#5 of 56 in Montana

Most homes with fewer than five dwelling units do not need a state building permit in unincorporated Broadwater County, Montana, unless they serve transient guests1. Montana has a statewide building code, and separate trade permits may still apply2,3. County Environmental Health handles septic permits countywide; obtain a Planning Department address and the required septic permit before construction4.

Do you need a building permit in Broadwater County, Montana?

In the parts of Broadwater County under Montana state jurisdiction, residential buildings with fewer than five dwelling units are exempt from state building permits unless they serve transient guests.

In the parts of Broadwater County under Montana state jurisdiction, residential buildings with fewer than five dwelling units are exempt from state building permits unless they serve transient guests1. Farm and ranch buildings are also exempt from the state building permit, but septic, floodplain, subdivision and other applicable rules remain in force1. Owner-used private garages and storage buildings qualify only when they are not part of a business1.

Montana adopts a uniform statewide building code; areas without a certified local enforcement program fall under the Montana Building Codes Program2. Covered non-exempt buildings, additions, alterations, repairs and occupancy changes need a state permit before construction1. Projects requiring that permit also require inspections, and the permit holder must notify the inspector and provide access when work is ready1. Separate electrical, plumbing and mechanical permits may still apply3.

Who handles building permits in Broadwater County?

Broadwater County Community Development & Planning provides land-use guidance and property addressing from the county courthouse.

Broadwater County Community Development & Planning provides land-use guidance and property addressing from the county courthouse6. Reach the office at (406) 266-9211 or planning@broadwatercountymt.gov6. For covered building work under state jurisdiction, submit construction plans and a Building Permit/Plan Review Application to the Montana Building Codes Program1.

State plan review averages about three weeks; the building permit is issued after review comments are satisfactorily answered in writing and fees are paid1. Construction generally must wait for issuance; limited special arrangements may be available for footing or foundation work1. The plan-review fee is 35% of the building-permit fee, and both must be paid before issuance9. Broadwater County Environmental Health handles septic permits countywide, including inside municipal limits, and requires a Planning Department address first4.

Does Broadwater County have zoning?

Broadwater County is reported as having subdivision regulations and a growth policy but no comprehensive county zoning outside incorporated areas.

Broadwater County is reported as having subdivision regulations and a growth policy but no comprehensive county zoning outside incorporated areas5. Ask Community Development & Planning to confirm zoning for the exact unincorporated parcel6. Inside Townsend city limits, Townsend sets its own zoning; Broadwater County Environmental Health remains the septic-permit authority4,10.

Broadwater County's subdivision regulations require review that may end in approval, conditional approval or denial11. In multi-space mobile or manufactured-home parks created through subdivision, homes and attached structures must be at least 20 feet apart, pads must sit at least 10 feet from the serving street, and boundary setbacks also apply11. Multi-space RV parks have separate spacing, boundary and parking standards11. These park rules do not establish setbacks for a single home or RV on an ordinary private parcel11. Development in a regulated flood hazard area generally requires a floodplain permit12. General residential setbacks and minimum dwelling size could not be confirmed; ask Planning about the exact parcel6.

How do septic permits work in Broadwater County?

Broadwater County Environmental Health & Sanitarian handles local on-site wastewater permits.

Broadwater County Environmental Health & Sanitarian handles local on-site wastewater permits4. For a parcel requiring a Broadwater County septic permit, obtain a Planning Department address before issuance and wait for the valid permit before dirt work, well drilling, foundations or related construction; starting early doubles the permit fee4. Reach Environmental Health at (406) 266-9209 or envhealth@broadwatercountymt.gov4.

The published application lists $250 with a certified installer, $350 with a non-certified installer and $100 for tank replacement only13. It also lists a $300 site evaluation when the property exceeds 20 acres or lacks a DEQ Certificate of Subdivision Approval13. A Certificate of Subdivision Approval does not replace the local drainfield permit14. Only 23.5% of county soils are rated without severe limits for a conventional drain field, so make septic feasibility a purchase contingency rather than assuming a conventional layout will work15.

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

Broadwater County's rules for living in an RV or tiny home on private land could not be confirmed; ask Community Development & Planning about the parcel, the proposed duration and whether the site is inside an incorporated municipality before moving in.

Broadwater County's rules for living in an RV or tiny home on private land could not be confirmed; ask Community Development & Planning about the parcel, the proposed duration and whether the site is inside an incorporated municipality before moving in6. The reported absence of comprehensive county zoning outside incorporated areas is not, by itself, permission for residential occupancy5.

Montana's published camping-duration limits apply to Fish, Wildlife & Parks public-use sites, not private land16. Multi-space RV parks created through subdivisions have specific separation, boundary and parking standards, but those standards do not answer whether one household may occupy an RV on private land11. Montana DEQ also reviews recreational camping-vehicle parks regardless of parcel size17. A tiny home may trigger septic, floodplain and trade-permit requirements depending on the site and work proposed3,4,18.

What are the steps to build a home in Broadwater County?

Ask Community Development & Planning for land-use guidance and obtain the property address.

  1. Ask Community Development & Planning for land-use guidance and obtain the property address4,6.
  2. For a parcel requiring a septic permit, apply to Environmental Health and obtain issuance before dirt work, well drilling or foundation work begins4.
  3. Ask whether the build site is in a regulated flood hazard area and obtain any required floodplain permit12.
  4. Determine whether the structure is state-permit exempt, which building-code program has jurisdiction, and which separate trade permits apply1,3. A homeowner doing the plumbing personally may skip the state plumbing permit only when the residence is for personal use, not speculative resale or rental7.
  5. For a covered state project, submit construction plans and the application, answer review comments in writing and pay the fees before building-permit issuance1,9.
  6. For access onto a county road, submit the county approach application and $125 fee before work8. A state-highway approach goes through the appropriate Montana Department of Transportation district office19.

What should you check before buying land in Broadwater County?

Check septic feasibility first: only 23.5% of Broadwater County soils are rated without severe limits for a conventional drain field.

Check septic feasibility first: only 23.5% of Broadwater County soils are rated without severe limits for a conventional drain field15. Confirm legal access and whether the driveway meets a county road or state highway, because those approaches use different permitting authorities8,19. Check whether a regulated flood hazard area affects the build site12.

For groundwater use no greater than 35 gallons per minute and 10 acre-feet per year, Montana provides a permit exception, but a Notice of Intent is required before use beginning in 2026; completion filings also apply20. A subdivision inside a municipal or public sewer service area must install the required sewer facilities11. Broadwater County averages 15.4 inches of precipitation annually and has experienced severe drought in about 13.2% of years, so verify the intended supply15. The median property-tax bill is about $2,210 a year15.

Watch-outs

  • The owner-builder plumbing exemption is narrow: the homeowner must do the work personally in a personal-use residence that is neither speculative construction nor a rental7.
  • On parcels requiring a Broadwater County septic permit, starting dirt work, well drilling, foundations or related construction before permit issuance doubles the fee4.
  • A county-road approach requires the application and $125 fee before work begins; a state-highway approach goes through the Montana Department of Transportation instead8,19.

Sources

20 official pages, each quoted and re-checked · written October 11, 2026

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Compared with neighboring counties

Unlike 4 of its 6 neighbors, Broadwater County has no countywide zoning.

RuleBroadwater CountyMeagher CountyJefferson CountyCascade CountyPark CountySilver Bow CountyJudith Basin County
Building permitNot requiredNot requiredLimitedLimitedNot requiredRequiredNot required
County zoningNoNoYesYesYesYesNo
Septic permitsCounty Env. HealthCounty SanitarianCounty Env. HealthCCHDCounty Env. Health Dept.Butte-Silver Bow Env. Health Div.Central Montana Health District

County locator

Broadwater County in Montana

75
County map
Broadwater County highlighted among the Montana counties · colored by Index score

How Broadwater County scores

75 / 100 · #5 of 56 in Montana · six factors, land price, tax, rain and climate

Seclusion83100% ev.
Self-Sufficiency42100% ev.
Admin Boringness85100% ev.
Durability48100% ev.
Property Autonomy83100% ev.
Carry Cost7496% ev.

Evidence strength: 100%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$535kTypical home
0.6%Property tax
$1,894Land / acre
15.4"Annual rain
13.2% of yrsSevere drought
1.1 / yr (+1)Mid-century 100°F days
18.9 daysMid-century dry spell
1.02" (+8.8%)Mid-century 1-day rain
1.25×Wildfire change factor
100%Forward climate coverage
$1,602Home insurance / yr
4.3% / yrInsurance growth
0.92%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
236,949People within 2 hr
5,068Radius comparison (15 mi)
6.7People / sq mi
36.7%Federal land
42.2%Land at 15% slope or less
23.5%Soils rated "not limited" for septic (strict USDA rating)
169,772 acWorkable land screen
31.5%Wooded land
23.9 tonsBiomass / forest ac
43°FAvg temp

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Cities and towns in Broadwater County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Answers from the rulebook for Broadwater County

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

Broadwater County rules

  • SetbacksSpecified

    Mobile/manufactured homes and pads in subdivisions providing multiple spaces for rent or lease in Broadwater County.

    • The development is subject to subdivision review under Section 6.
    • Mobile/manufactured homes must be at least 25 feet from a property boundary line abutting a public street or highway right-of-way and at least 15 feet from other park boundary lines.
    • The mobile/manufactured home pad must be at least 10 feet from the street serving it.
    • The pad may not occupy more than one-third of the space; the home and roofed accessory buildings and structures may not exceed two-thirds of the space.
    • A mobile/manufactured home or attached structures must be at least 20 feet from another mobile/manufactured home or attached structures.
    • A detached structure must be at least 5 feet from any mobile/manufactured home or attached structures.
    • At least two off-street parking spaces are required on or adjacent to each space, plus one guest parking space for each ten spaces; group parking is allowed.

    distance from public-street or highway right-of-way boundary: >= 25 ft · distance from other park boundary lines: >= 15 ft · pad distance from serving street: >= 10 ft · pad maximum share of space area: <= 1 third · home and roofed accessory structures maximum share of space area: <= 2 thirds · distance between mobile/manufactured homes or attached structures: >= 20 ft · detached structure distance from mobile/manufactured home or attached structures: >= 5 ft · off-street parking spaces per mobile/manufactured home space: >= 2 spaces · guest parking spaces per ten mobile/manufactured home spaces: per 1 space (Group parking may be provided.)

    “The mobile/manufactured home pad must be located at least ten (10) feet”
    One more reviewed finding on this topic
    • Specified — Recreational vehicles and parking areas in subdivisions providing multiple recreational-vehicle spaces for rent or lease in Broadwater County.
      “Recreational vehicles must be separated from each other by at least twenty (20) feet.”
  • Who permits septicCounty

    On-site wastewater permitting in Broadwater County.

    • The county Environmental Health & Sanitarian page states that a Planning Department address must be obtained before a septic permit is issued.
    • Construction before a valid septic permit doubles the permit fee.
    “An address (from the Planning Department) must be obtained before a septic permit is issued.”
    One more reviewed finding on this topic
    • County — Septic permitting and environmental-health administration in Broadwater County.
      “An address (from the Planning Department) must be obtained before a septic permit is issued. Any construction (dirt work, well drilling, foundations, etc.) on a parcel of land prior to the issuance of a valid septic permit will result in doubling of the permit fee.”
  • Septic permitRequired

    Construction, dirt work, well drilling, foundations, and related work on parcels requiring a Broadwater County septic permit.

    • A Planning Department address must be obtained before the septic permit is issued.
    • Any construction, including dirt work, well drilling, or foundations, before issuance of a valid septic permit results in doubling of the permit fee.

    unauthorized-construction fee multiplier: 2 times the permit fee (Applies when construction occurs before issuance of a valid septic permit.)

    “Any construction (dirt work, well drilling, foundations, etc.) on a parcel of land prior to the issuance of a valid septic permit will result in doubling of the permit fee.”
    One more reviewed finding on this topic
    • Required — Construction and septic systems on parcels in Broadwater County.
      “An address (from the Planning Department) must be obtained before a septic permit is issued.”
  • Mandatory utility hookupConditional

    Utility connections for subdivisions in Broadwater County.

    • Where a subdivision is within a municipal or public sanitary sewer service area, complete sanitary sewer facilities must be installed and plans and specifications submitted to the jurisdiction and DEQ before construction.
    • Utility easements must be provided; easements generally must be at least 15 feet wide unless otherwise specified by a utility company or governing body.

    utility easement width: >= 15 feet (Unless otherwise specified by a utility company or the governing body.)

    “Where the subdivision is within the service area of a municipal or public sanitary sewer system, the subdivider must install complete sanitary sewer system facilities in accordance with the requirements of the jurisdiction involved and the DEQ.”
  • Subdividing landRegulated (with conditions)

    Subdivisions reviewed under Broadwater County's adopted subdivision regulations.

    • The regulations were amended September 9, 2024.
    • Approval may be approval, conditional approval, or denial.
    • Subdivisions under 20 acres require DEQ approval as a condition of final-plat approval.
    • Subdivisions of 20 acres or more must demonstrate adequate water and septic/replacement drain-field areas to the local reviewing authority.
    • Floodway land and land subject to flooding may not be subdivided for specified building, residential, or hazard-aggravating uses.
    • Subdivision design must provide legal and physical access and utility easements.

    DEQ subdivision-review threshold: < 20 acres (Parcels under 20 acres require DEQ approval as a condition of final-plat approval.) · local sanitation-review range: 20 to less than 160 acres (The local reviewing authority handles sanitation review for qualifying parcels.)

    “Subdivision Regulations As Adopted by: Board of Broadwater County Commissioners on November 29, 2021, and Amended on January 18, 2023; Amended on September 9, 2024”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision activity in Broadwater County, subject to county subdivision regulations and state sanitation review.
      “Final Subdivision Regulations - Adopted 2021Nov29”
  • Building in a floodplainRequired

    Establishing, altering, or substantially improving development, artificial obstructions, or nonconforming uses within Broadwater County regulated flood hazard areas.

    • The regulated areas are the 100-year floodplains shown in the August 18, 2014 FEMA Flood Insurance Study and FIRMs, plus FEMA-approved Letters of Map Change.
    • Uses and requirements vary between floodway and flood-fringe areas.
    • A floodplain permit is not required for uses specifically allowed without a permit in Section 5 or for prohibited uses in Section 6.
    • Application requires a completed signed form, review fee, duplicate scaled plans showing location, dimensions, and elevation, applicable federal/state permits or applications, and information demonstrating compliance with Sections 9 and 10.
    • The Floodplain Administrator must approve, conditionally approve, or deny a correct and complete application within 60 days.
    • A reasonable application fee may be imposed; the regulation does not state the amount.

    floodplain application decision deadline: 60 days (After receipt of a correct and complete application.)

    “A Floodplain permit is required for a person to establish, alter or substantially improve an artificial obstruction, nonconforming use or development within the Regulated Flood Hazard Area;”
    One more reviewed finding on this topic
    • Required — New development within a designated Special Flood Hazard Area in Broadwater County, including placement of fill; roads; bridges; culverts; transmission lines; irrigation facilities; storage of equipment or materials; excavation; new construction, placement, or replacement of manufactured homes; and new construction, additions, or substantial improvements to residential and commercial buildings.
      “Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
  • County-wide zoningAbsent

    Broadwater County has subdivision regulations and a growth policy but does not have comprehensive county zoning outside incorporated areas.

    Broadwater County 2020 Growth Policy ↗From the county’s own site, awaiting a second reviewer

Montana rules that apply here

  • Building permitLimited

    Construction, remodeling, moving, alterations, additions, repairs, or changes of occupancy for buildings subject to Montana state building-code jurisdiction.

    • A state building permit is required before construction for certain types of new buildings and for certain alterations, additions, and repairs.
    • The state permit requirement does not apply to projects within the jurisdictional limits of a certified local government program; local requirements may apply there.
    • In the state's jurisdiction, state law exempts farm and ranch buildings; mining buildings on mining property; petroleum refineries and pulp and paper mills except office and shop buildings; residential buildings containing less than five dwelling units except when serving transient guests; and private garages and private storage buildings used for the owner's own use and not as part of a commercial enterprise or business.
    • Building permits must be issued on required projects before plumbing, mechanical, or electrical permits can be issued and before work authorized under those permits can start.
    “In Montana a state building permit is required prior to the start of construction for certain types of new buildings, and/or for alterations, additions, and repairs.”
    2 more reviewed findings on this topic
    • Limited — Residential and other construction in areas of Broadwater County subject to Montana state building-permit jurisdiction.
      “residential buildings containing less than five dwelling units (except when serving transient guests)”
    • Limited — State-jurisdiction construction in Montana, including non-exempt buildings and alterations, additions, repairs, or changes of occupancy.
      “In Montana a state building permit is required prior to the start of construction for certain types of new buildings”
  • Owner-builder exemptionConditional

    Owner-builders performing building work in Montana state-jurisdiction areas, including Broadwater County areas outside certified local-government jurisdictions.

    • Montana's written policy makes the owner responsible for the building-permit application but does not state a separate general owner-builder exemption from otherwise applicable building-permit requirements.
    • State law exempts residential buildings containing fewer than five dwelling units from state building permits, except when serving transient guests.
    • Private garages and private storage buildings are exempt only when used for the owner's own use and not as part of a commercial enterprise or business.
    • Local requirements may apply; certified local jurisdictions may enforce building codes within their jurisdictional areas.
    • The official certified-jurisdiction list identifies Townsend as a certified local building-code jurisdiction within city limits; other areas are under the State Building Codes Bureau.

    residential dwelling units: < 5 dwelling units (Except when serving transient guests)

    “In the State's jurisdiction, state law exempts the following from the need to obtain state building permits:”
    2 more reviewed findings on this topic
    • Conditional — A homeowner performing plumbing installation personally in the homeowner's residence within Montana state jurisdiction, including applicable unincorporated areas of Broadwater County.
      “Homeowners do not need to obtain a plumbing permit provided he/she is doing the plumbing installation themselves and the residence is for the owner's personal use and not built on speculation of resale or intended as a rental property.”
    • Available — An owner working on the owner's property, or an owner contracting for work performed by a registered construction contractor, under Montana's construction-contractor licensing chapter.
      “(13) to an owner working on the owner's property, whether occupied by the owner or not, but this exemption does not apply to an owner”
  • Building code adoptedAdopted (with conditions)

    Montana's uniform state building code for residential and commercial buildings statewide.

    • The currently listed codes are amended and adopted through Administrative Rules of Montana Title 24, Chapter 301.
    • Cities, counties, and towns may enforce local building codes, all or in part, only through certified local building-code-enforcement programs.
    • State-owned agencies must be permitted through the Montana Department of Labor and Industry.
    • The listed 2021 International Building, Residential, and Existing Building Codes and related codes are effective June 11, 2022; the listed ASME boiler and pressure-vessel codes are effective November 6, 2021.

    International Building Code edition: 2021 · International Residential Code edition: 2021 · effective date for listed principal codes: 2022-06-11 (ASME boiler and pressure-vessel codes listed on the official page are effective 2021-11-06)

    “In addition, the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
    3 more reviewed findings on this topic
    • Adopted — Residential and commercial buildings in Montana, including areas of Broadwater County under the state program.
      “the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
    • Partial — Montana's statewide building-code framework for residential and commercial construction.
      “In Montana, cities, counties and towns have the option to enforce local building, electrical, plumbing, and mechanical codes, all or in part (except for state-owned agencies, which must be permitted through this Department). These local building code enforcement programs must be certified by the BC Program. The remaining cities, counties and towns that have chosen not to enforce building codes, fall under the jurisdiction of the BC Program. [...] the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
    • Adopted (with conditions) — Statewide uniform state building code (building, plumbing, electrical, mechanical) enforced by the Montana Building Codes Program
      “the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across montana.”
  • InspectionsLimited

    Buildings and other projects requiring permits under Montana state building-code jurisdiction; certified local governments may perform inspections within their certified jurisdictional areas.

    • The Montana Building Codes Program performs inspections for projects requiring a permit under state jurisdiction.
    • The permit holder must notify the inspector when work is ready for inspection and provide access for required inspections.
    • Cities, counties, and towns may enforce local building codes and perform inspections only through certified local government programs; remaining areas fall under the state Building Codes Program.
    “The BC Program establishes and enforces statewide codes by issuing permits and performing inspections.”
    One more reviewed finding on this topic
    • Required — Projects requiring state building-code permits in Montana.
      “It is the responsibility of the permit hold to notify the inspector when work is ready for inspection and to provide access for required inspections.”
  • Certificate of occupancyLimited

    Buildings constructed in accordance with the Montana state building code or a county, city, or town building code.

    • The certificate must certify that the building conforms to the applicable building regulations.
    • The statute addresses certificates for buildings constructed under the state or local building code; it does not establish a universal certificate requirement for every structure or every occupancy.
    “A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it.”
  • Living in an RVLimited

    RV, camper-trailer, and other trailer overnight use for general recreation on legally accessible Montana state trust land administered by DNRC.

    • A Conservation License is required for dispersed camping on state trust land.
    • RV or trailer camping must be within 50 feet of a customary access point; motorized vehicles must be parked within 50 feet of a customary access point, and the camper or trailer may not be set up farther away by driving beyond that point.
    • On leased or licensed land, the stay limit is 2 days.
    • On unleased or unlicensed land, the stay limit is 16 days within a 30-day period.
    • Within a designated campground, the stay limit is 16 days within a 30-day period.
    • The local DNRC field office should be contacted to confirm whether land is leased.
    • Pets must be leashed or otherwise controlled.
    • Overnight horses must be restrained, may not remain in a stream riparian zone for more than one hour, and must use certified weed-seed-free feed.
    • Campfires are generally permitted within designated campgrounds and on unleased or unlicensed land but are not allowed on leased land.
    • Cutting firewood requires a separate permit from the local DNRC field office, and fireworks are not allowed on state land.
    • State Parks, Fishing Access Sites, and Wildlife Management Areas are managed by Montana Fish, Wildlife and Parks rather than under this DNRC camping page.

    RV/trailer distance from customary access point: <= 50 ft (Motorized vehicles must be parked within 50 feet; the page states the camper or trailer may not be driven farther to set it up.) · maximum stay on leased or licensed land: 2 days · maximum stay on unleased or unlicensed land: 16 days within a 30-day period · maximum stay within designated campground: 16 days within a 30-day period

    “TRAILER/RV etc. Camp within 50 ft of a customary access point. Motorized vehicles must be parked within 50 ft of a customary access point. You may not drive further to set up a camper or trailer. On leased or licensed land: 2 days On unleased/unlicensed land: 16 days within a 30-day period Within designated campground: 16 days within a 30-day period”
  • Camping on your landLimited

    Overnight camping by the public along surface waters open to recreational use under the Montana stream access law, on private land without landowner permission

    • Without landowner permission or contractual arrangement, overnight camping is excluded from the public's recreational use right unless necessary for enjoyment of the surface water and the campsite meets the dwelling-distance test
    • The statute's distance test: campsite not within sight of any occupied dwelling, or more than 500 yards from any occupied dwelling, whichever is less
    • For class II waters, subsection (3) excludes overnight camping without landowner permission
    • Right of use does not grant any easement to enter or cross private property to reach the water
    • No statewide private-land camping rule located

    distance from occupied dwelling: > 500 yards (or out of sight of any occupied dwelling, whichever is less)

    “(e) overnight camping unless it is necessary for the enjoyment of the surface water and the campsite is not within sight of any occupied dwelling or the campsite is more than 500 yards from any occupied dwelling, whichever is less;”
    One more reviewed finding on this topic
  • Tiny homesLimited

    Tiny dwelling units in an unincorporated county jurisdictional area where a county board of commissioners establishes zoning regulations under 76-2-202.

    • State law leaves adoption and the content of county zoning to the board of county commissioners: it may establish zoning for part or all of an eligible jurisdictional area and may create zoning districts allowing tiny dwelling units.
    • For this county-zoning statute, a tiny dwelling unit is 350 to 750 square feet, on a permanent foundation, and used as a single-family dwelling for at least 45 days or longer.
    • Appendix Q, tiny houses, of the International Building Code as printed January 1, 2023, may govern all other requirements of a tiny dwelling unit within that size range.
    • The statute does not limit historic-district conditions, local design-review standards, existing covenants, or covenants under Title 70, chapter 17, part 2.
    • Regulations may differ by district.

    tiny dwelling unit floor area: 350 to 750 square feet (Definition applies under 76-2-202.) · single-family dwelling use duration: >= 45 days (Definition applies under 76-2-202.)

    “including the creation of zoning districts that allow tiny dwelling units.”
  • Manufactured homesAllowed (with conditions)

    Manufactured housing used as residential housing within Montana municipalities that exercise zoning powers under MCA Title 76, chapter 2, part 3.

    • Municipal zoning regulations may not treat manufactured housing or factory-built housing units differently from other residential units.
    • Placement remains subject to applicable municipal zoning districts, permits or variances where required, building-code requirements, and other applicable health and safety rules.
    • The statute defines manufactured housing as a single-family dwelling built offsite in a factory and compliant with applicable prevailing HUD standards; a manufactured home does not include a mobile home or housetrailer as defined in 15-1-101, MCA.
    • The source addresses municipal zoning and does not establish unrestricted occupancy on unzoned or county land statewide.
    “Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units.”
  • Accessory dwellingsAllowed (with conditions)

    Accessory dwelling units in jurisdictional areas where a Montana county has established zoning regulations under MCA Title 76, chapter 2, part 2.

    • The county zoning regulations must allow at least one accessory dwelling unit by right on a lot or parcel containing a single-family dwelling.
    • The unit may be attached, detached, or internal.
    • The county may not require owner occupancy, a familial, marital, or employment relationship between occupants, or impact fees; private restrictive covenants remain possible but cannot be required as a permit, license, or use condition.
    • A county may charge up to $250 for a one-time ADU application-review fee, in addition to usual building fees.
    • Applicable building codes, fire codes, and public-health and safety regulations still apply.
    • The county may require expedited sanitation review for an ADU on a parcel with existing public water and wastewater capacity; the 15-day expedited-review provision terminates September 30, 2029.
    • The statute applies to a county that exercises zoning powers; it does not itself create county zoning where none exists.

    maximum one-time application-review fee: <= 250 USD (Usual building fees may also be required.) · expedited sanitation review: 15 days (Parcel must have existing public water and wastewater service with capacity.)

    “In jurisdictional areas where the board of county commissioners has established zoning regulations under this part, the regulations must allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.”
    One more reviewed finding on this topic
    • Allowed (with conditions) — Accessory dwelling units in Montana municipalities that exercise zoning powers under MCA Title 76, chapter 2, part 3.
      “A municipality shall adopt regulations under this chapter that allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.”
  • Off-grid sanitationLimited

    Subsurface wastewater treatment systems in Montana, including on-site systems.

    • The stated minimum standards apply to all subsurface wastewater treatment systems in Montana.
    • A reviewing authority other than DEQ may impose requirements more stringent than Circular DEQ-4.
    • Circular DEQ-4 design details are required for multiple-user and public systems and individual and shared systems with wastewater exceeding residential strength; individual and shared residential-strength systems are governed by ARM 17.36.320(3).
    • All wastewater must discharge into a septic tank unless Circular DEQ-4 specifically provides otherwise.
    • For new systems under ARM 17.36.321, pit privies, seepage pits, and holding tanks may not be used except as replacement systems subject to the stated limitations; cesspools are prohibited as new or replacement systems; sealed pit privies are restricted to stated governmental or DPHHS-authorized facilities.
    • Applicable local reviewing authorities may administer review or adopt more stringent standards.
    “These minimum standards apply to all subsurface wastewater treatment systems in Montana. In some cases, a reviewing authority (other than the Department of Environmental Quality) may have requirements that are more stringent than those set out in this Circular. Design details, as described in this Circular, are required for multiple-user and public wastewater treatment systems and individual and shared systems with wastewater that exceeds residential strength.”
  • Well permitLimited

    New groundwater developments in Montana using 35 gallons per minute or less and no more than 10 acre-feet per year.

    • All water uses starting after June 30, 1973, require a water right either through a water-use permit or an exception to the permitting process.
    • The development may qualify for the exception; qualification is not automatic.
    • Completed groundwater uses that meet the permit exception receive a Groundwater Certificate rather than a water permit.
    • A permitted water right is required for a combined appropriation from the same source by two or more wells or developed springs exceeding 10 acre-feet, regardless of flow rate.
    • All lots in a multi-phase subdivision must share a combined water-use limit of 10 acre-feet per year to qualify for a permit exception.
    • Beginning January 1, 2026, a water user intending to develop water use through a permit exception must file a Notice of Intent with DNRC before using water from an exempt well.
    • DNRC reviews a correct and complete Notice of Intent within 10 business days; if eligible, it authorizes the Notice of Intent and gives the user five years to complete the project, put the water to use, and file a Notice of Completion.
    • If the proposed use is not eligible, the Notice of Intent is denied and the user is directed to the water-right permit process.
    • The Notice of Intent filing fee is $400.
    • An authorized Notice of Intent expires after five years, with an opportunity for one five-year extension.

    maximum flow rate: <= 35 gpm · maximum annual volume: <= 10 acre-feet per year · Notice of Intent fee: 400 USD (Beginning January 1, 2026) · Notice of Intent review period: 10 business days (For a correct and complete Notice of Intent) · authorized Notice of Intent term: 5 years (One five-year extension opportunity is available)

    “Permit Exceptions, a.k.a. Exempt Wells: Small groundwater developments that use 35 gpm or less and do not exceed 10 acre-feet per year are known as “exempt wells” and may qualify for an exception to the water permit process.”
    2 more reviewed findings on this topic
    • Limited — Groundwater wells in Montana, including Broadwater County, where the use falls within the state permit-exception thresholds.
      “A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year”
    • Required — Surface-water uses and groundwater uses exceeding 35 gallons per minute or 10 acre-feet per year in Montana.
      “Water Permits: A water permit is required for all surface water use and groundwater uses over 35 gallons per minute (gpm) or 10 acre-feet per year.”
  • Agricultural exemptionConditional

    County zoning resolutions and rules adopted under MCA Title 76, ch. 2, part 2 as applied to agricultural resources

    • Applies to county zoning under part 2 (not expressly to municipal zoning).
    • Exceptions: 76-2-206, 82-4-431, 82-4-432 and subsection (2) of 76-2-209.
    • Protects use and development of agricultural resources by their owner; it is not a blanket exemption from all building or zoning requirements.
    “a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206, may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.”
    2 more reviewed findings on this topic
    • Available (with conditions) — Farm and ranch buildings in Montana's state building-permit jurisdiction, including potentially applicable unincorporated areas of Broadwater County.
      “In the State's jurisdiction, state law exempts the following from the need to obtain state building permits: 1. farm and ranch buildings”
    • Available (with conditions) — State building permits for farm and ranch buildings within the State's jurisdiction.
      “In the State's jurisdiction, state law exempts the following from the need to obtain state building permits: 1. farm and ranch buildings”
  • Shed and accessory-building permit exemptionConditional

    Private garages and private storage structures used only for the owner's own use, and farm or ranch buildings, within a county, city, or town: exempt from the state building code unless the local governing body makes it applicable

    • The exemption is from the state building code; it has no square-foot threshold in the statute (applies to such structures 'of any size').
    • Private garage or private storage structure must be used only for the owner's own use.
    • A county, city, or town legislative body may by ordinance or resolution make the state building code applicable to these structures, and then may enforce it.
    • Subsection (5) still applies state energy-conservation provisions to residential buildings, except farm and ranch buildings and private garages or storage structures attached to a residential building and used only for the owner's own use.
    • Residential buildings with fewer than five dwelling units are also excluded from state-enforced building code unless local body adopts it.
    • Current-codes page lists the 2024 IRC effective September 26, 2026; the statewide adopted-rule text I opened was a draft that does not itself state a 200 sq ft permit exemption, so no numeric IRC R105.2 threshold is claimed.
    • Local jurisdictions (certified city/county/town building programs) may apply the code and their own exemptions; not researched here.

    private garage or private storage structure size limit: any size (used only for the owner's own use)

    “the state building code, as defined in 50-60-203 (3), does not apply to: (a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size used only for the owner's own use, located within a county, city, or town, unless the local legislative body by ordinance or resolution makes the state building code applicable to these structures”
  • Driveway accessLimited

    New or modified driveway approaches intersecting Montana state highways, and changes in use of property abutting a state highway or an existing approach.

    • A new or modified approach requires either an approach permit or a right-of-way agreement.
    • A change in property use or change in use of an existing approach requires a new approach permit.
    • The landowner is responsible for obtaining the new permit.
    • The application must be made to the appropriate MDT District Office.
    • A detailed site plan and Environmental Checklist Form are required.
    • The requirement concerns state highways; local roads may be administered by local governments.
    “ALL NEW OR MODIFIED APPROACHES REQUIRE EITHER AN APPROACH PERMIT OR A RIGHT-OF-WAY AGREEMENT.”
  • Short-term rentalsLimited

    Short-term rentals operated in Montana.

    • A Property Manager license is required unless the operator qualifies for an exemption under MCA § 37-56-104 or MCA § 50-51.
    • Local land-use, lodging, tax, and public-accommodation requirements may also apply.

    application fee: 50 USD

    “Short Term Rentals: A Property Manager license is required for short term rentals unless an operator qualifies for an exemption”
  • Permit feesVariable (with conditions)

    State building permit and plan-review fees for state-administered building permits.

    • The building permit fee is calculated by the bureau under IBC Section 109.2 as modified by ARM 24.301.138.
    • A plan review fee is charged in addition to the building permit fee and equals 35 percent of the building permit fee.
    • Both fees must be paid before the building permit is issued.
    • Local governments certified to enforce the state building code may establish their own permit fees and valuation method.

    plan review fee: 35 percent of building permit fee

    “The plan review fee is 35 percent of the building permit fee as established in Table 109.2.”
    One more reviewed finding on this topic
    • Published (with conditions) — State building permits administered in Broadwater County.
      “A plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 109.2. Both the building permit fee and the plan review fee must be paid before a building permit will be issued.”
  • Permit processPublished (with conditions)

    State-administered Montana building permits for covered non-exempt construction outside certified local-government jurisdictions.

    • A state permit applies to certain new buildings and alterations, additions, and repairs.
    • Projects within the jurisdictional limits of a certified local government program are excluded from the state permit program.
    • Construction plans and a Building Permit/Plan Review Application must be submitted for review and approval.
    • The permit is issued after plan-review comments are satisfactorily answered and fees are paid.
    • Separate electrical, plumbing, and mechanical permits may be required.
    • The permit holder must notify the inspector when work is ready and provide access for required inspections.

    average plan review time: three weeks (Actual timing depends on workload, project size, and deficiencies.)

    “To obtain a state building permit, submit construction plans and a Building Permit/Plan Review Application to the Building Codes Program for review and approval.”
    2 more reviewed findings on this topic
    • Published (with conditions) — State building-permit application and plan-review process applicable in Broadwater County where state jurisdiction applies.
      “This process may take anywhere from a few hours to several weeks”
    • Published (with conditions) — State building-permit application and plan-review process applicable in areas outside certified local-government jurisdictions.
      “To obtain a state building permit, submit construction plans and a Building Permit/Plan Review Application to the Building Codes Program for review and approval. Please use the checklist above to ensure your submittal is complete. Applicants are encouraged to contact the Bureau in the planning stages of their project. On average it takes three weeks for a plan to be reviewed. Plan review comment letters and the Building Permit/Plan Review fees are mailed or emailed to applicants. When all plan review comments have been satisfactorily answered in writing and the fees paid, the building permit is issued.”
  • Campground & park staysLimited

    Camping in Montana Fish, Wildlife & Parks public-use sites.

    • Camping is prohibited except in areas specifically designated or marked for camping.
    • A camping unit, vehicle, equipment, or personal items may not be left overnight without a person present.
    • Camping longer than 7 nights at one or more campsites in a public use area during any consecutive 30-day period is prohibited unless otherwise posted by the department.
    • Designated occupancy limits must not be exceeded.
    • Special-use-permit terms must be followed unless otherwise posted.
    • Campsites must be vacated by 1 p.m. on the day of departure; camping facilities must be vacated by 12 p.m. on the day of departure.

    maximum camping duration: <= 7 nights per consecutive 30-day period (unless otherwise posted by the department) · campsite departure time: 1 p.m. · camping-facility departure time: 12 p.m.

    “Unless otherwise posted by the department, within a public use site it is prohibited to: [...] camp at one or more campsites in a public use area for a period of longer than 7 nights during any consecutive 30-day period, beginning with the first night occupied unless otherwise posted by the department;”
    2 more reviewed findings on this topic
    • Limited — Dispersed and designated-campground temporary camping on legally accessible Montana state trust land administered by DNRC.
      “Dispersed camping is allowed on state trust land with the appropriate permit and with certain restrictions. Dispersed camping on state trust land is allowed with a Conservation License. Camping that is incidental to hunting or fishing is permitted through your conservation license, and no additional permitting is required. Group camping requires a special recreational use license. On leased or licensed land: 2 days On unleased/unlicensed land: 16 days within a 30-day period Within designated campground: 16 days within a 30-day period”
    • Limited — Dispersed and campground camping on legally accessible state trust land managed by DNRC
      “in a designated campground, the maximum stay is 16 days in a 30-day period.”
  • county zoning authorityGeneral

    Montana county boards of commissioners' authority to adopt zoning regulations, including in unincorporated portions of established jurisdictional areas.

    • The board of county commissioners must have adopted a growth policy pursuant to Title 76, chapter 1.
    • Zoning may be adopted for all or parts of the jurisdictional area in accordance with Title 76, chapter 2, part 2.
    • Within unincorporated portions of an established jurisdictional area, the board may establish zoning regulations by resolution or divide the county into zoning districts.
    • Zoning regulations may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures and the use of land.
    • An action challenging creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the board's order.
    • Regulations in one district may differ from those in other districts.
    • The statute also states that zoning regulations may not treat manufactured housing or factory-built housing units differently from other residential units, subject to the statutory presumption concerning placement.

    challenge period: 6 months (after the date of the board order creating the district or adopting the regulations)

    “For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.”
    One more reviewed finding on this topic
    • General — Montana county boards of commissioners adopting zoning regulations for all or parts of their jurisdictional areas, including unincorporated portions where the statutory prerequisites are met.
      “a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations”
  • county building authorityGeneral

    Montana counties may adopt and enforce building codes and require construction permits for residential construction in unincorporated county areas, subject to the statutory certification, geographic, code-content, and permit requirements.

    • A county may adopt a building code by ordinance or resolution, or authorize adoption by administrative action.
    • A county may adopt its building code on a countywide basis unless a city or town within the county has adopted a building code; the county may not enforce its county building code within that city or town.
    • The county code-enforcement program must be certified by the Montana Department of Labor and Industry.
    • The current adopted code, current fee list, and current enforcement plan must be filed with and approved by the Department.
    • Inspectors must satisfy the stated state-licensing or approved national-certification requirements.
    • Except for voluntary incentive-based energy-conservation standards, the county may not adopt or enforce a building code more stringent than the code adopted by the Department or required by state law.
    • The county may prohibit construction from commencing until the required permit is issued after compliance is shown.
    • The general construction-permit requirement applies to buildings subject to Title 50, chapter 60, parts 1 through 4.
    • State agency-owned buildings remain under state Department jurisdiction for plan review, permitting, and inspections.
    “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”
    One more reviewed finding on this topic
    • General — Montana counties' authority to adopt and enforce building codes and require building-code administration for construction in county areas, including unincorporated areas.
      “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”

Still unanswered

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

  • Local zoning — Local zoning across Broadwater County, including incorporated municipalities and unincorporated areas.
  • Zoning districts — Published zoning districts in Broadwater County.
  • Minimum dwelling size — Minimum dwelling size in unincorporated Broadwater County
  • Minimum lot size — Minimum lot size in unincorporated Broadwater County
  • Lot coverage — Lot coverage limits in Broadwater County.
2 more unanswered
  • Building height
  • Septic inspection

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 Broadwater County, Montana

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

Broadwater County scores 75/100 on the Bolthole Index, a strong county profile. Its strengths: low administrative friction for a quiet rural property and a stronger property-autonomy legal backdrop.

How much does land cost in Broadwater County, Montana?

Land in Broadwater County runs about $1,894 per acre, based on the latest county data.

What is the water situation in Broadwater County?

Broadwater County gets about 15.4" of rain a year, with severe drought in roughly 13.2% of years.

How remote is Broadwater County?

A typical private-land location has about 5,068 people within 15 miles and 440,361 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Broadwater compares in Montana