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

Before constructing a home in unincorporated Chouteau County, obtain the county Development Permit required for a residential dwelling; the county approval concerns land use¹. Montana has adopted statewide building codes, but residential buildings containing fewer than five dwelling units are exempt from state building permits unless they serve transient guests^2,3. The county’s published Fee Schedule-2017 lists a non-refundable $50 Development Permit application fee; ask Planning for the current charge⁹. A homeowner doing plumbing personally in a personal-use residence that is neither speculative construction nor a rental is exempt from the state plumbing permit, not the county Development Permit⁶. Plumbing must still meet code, with required inspections before covering the work⁶.

The Chouteau County Planning Department handles the county Development Permit and land-use questions¹⁰. A pre-application meeting with county Planning staff is required before submitting the county application, which may be delivered by hand, mail, or email¹¹. The county package calls for a location map, site map, access information, proposed septic and drainfield information, and floodplain information¹¹. Planning is at the Chouteau County Courthouse, 1308 Franklin Street, Fort Benton, Montana¹⁰. The Commissioners' Office in the same courthouse can be reached at 406-622-3631¹². The Montana Building Codes Program administers state code enforcement where no certified local program applies; ask the program which trade permits and inspections the proposed project needs¹³.

Yes. Chouteau County's Development Regulations govern land use in the unincorporated county¹. Agricultural land and operations that are not identified as commercial agricultural operations are exempt from those county regulations, but federal and state requirements still apply¹. A home still requires a Development Permit before construction¹. Certain buildings offered for lease or rent may need separate county review, and airport-area rules address tall structures around Fort Benton and Big Sandy¹⁰. We could not confirm a general minimum home size, lot-coverage limit, or residential setback schedule; ask Planning about the parcel. For a new subdivision where zoning sets no minimum lot size, the minimum is established in consultation with local and state health authorities⁵. The published 100-foot stream-and-lake setback applies to listed commercial and industrial improvements, not generally to a new single-family home¹.

The Chouteau County Sanitarian handles local septic review, while Montana DEQ reviews sanitation for covered subdivisions^4,14. A local health-department drainfield permit is still required when a Certificate of Subdivision Approval already exists⁴. Chouteau County reviews septic permits for parcels over 20 acres; development on parcels under 20 acres receives review from both the County Sanitarian and Montana DEQ¹⁴. Montana DEQ reviews sanitation for land divisions creating parcels under 20 acres before parcels are created, and also for condominiums and recreational camping-vehicle and mobile-home parks regardless of parcel size⁴. A no-facilities exemption does not authorize later water or sewer facilities; a Certificate of Subdivision Approval must come first if those facilities will be developed⁴. Montana DPHHS lists Bob Stevenson Consulting at (406) 622-3016 as the county contact, but ask which application that office accepts^15,16. Only 10.3% of county soils lack severe limits for a conventional drainfield, so evaluate soils early⁸.

We could not confirm whether full-time occupancy of a single RV or tiny home is allowed on private land in Chouteau County; ask the Planning Department about the proposed unit and use. County Development Regulations govern unincorporated land, and constructing a residential dwelling requires a Development Permit¹. Developments offering two or more recreational camping-vehicle spaces for rent or lease require county subdivision review⁵. Those RV park standards require 20 feet between vehicles, including attached awnings, and boundary setbacks of 25 feet beside a public street or highway right-of-way and 15 feet elsewhere; these are park standards, not permission to live in a single RV⁵. A no-facilities exemption cannot support adding water or wastewater facilities without a Certificate of Subdivision Approval, and local drainfield permitting remains separate⁴.

1. Hold the required pre-application meeting with the Chouteau County Planning Department before submitting the county Development Permit application¹¹.
2. Prepare the required location and site maps plus access, septic, drainfield, and floodplain information; submit the county application by hand, mail, or email¹¹.
3. Ask the Montana Building Codes Program which state trade permits and inspections apply; ordinary residential buildings with fewer than five dwelling units are exempt from state building permits unless serving transient guests^3,13.
4. If land is being divided, confirm county subdivision review and Montana DEQ sanitation review; DEQ reviews divisions under 20 acres^4,10.
5. Contact the County Sanitarian and obtain the local drainfield permit even if a Certificate of Subdivision Approval exists⁴.
6. For a qualifying groundwater permit exception, file a Notice of Intent with DNRC before use; an authorized notice allows five years to complete the use and submit a Notice of Completion^7,17.
7. Ask the local floodplain administrator whether the site is in a designated Special Flood Hazard Area; covered development requires a floodplain permit¹⁸.
8. Obtain an MDT approach permit or right-of-way agreement before building or changing access onto a state highway¹⁹.

Chouteau County receives about 13.8 inches of precipitation annually, and severe drought occurs in 12.1% of years; verify well production and water rights before buying⁸. Montana’s groundwater permit exception may apply at 35 gallons per minute or less and no more than 10 acre-feet per year, but combined appropriations exceeding the volume limit require a permitted water right⁷. Qualifying users must file a Notice of Intent with DNRC before use; authorization gives five years to complete the use and submit a Notice of Completion^7,17. The driller must submit a new well’s Well Log Report to the Montana Bureau of Mines and Geology within 60 days⁷. Only 10.3% of county soils lack severe limits for a conventional drainfield, so evaluate septic suitability early⁸. Check the survey for a no-facilities exemption: adding water or sewer later requires sanitation approval⁴.