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

A residential building with fewer than five dwelling units in Garfield County generally does not require a state building permit unless it serves transient guests¹. Farm and ranch buildings and qualifying private garages or storage buildings are also exempt in state jurisdiction, while covered new construction, alterations, additions, repairs, moved buildings and changes of occupancy require approval¹. Montana has adopted the 2024 International Building Code and International Residential Code, effective September 26, 2026, for work within the state program⁸. For a covered project, submit plans and the Building Permit/Plan Review Application before construction; building approval must precede related plumbing, mechanical and electrical permits¹. The state adds a plan-review fee equal to 35% of the building-permit fee, and both are due before issuance⁹. Required work is inspected after the permit holder reports it ready and provides access¹.

Areas outside a certified local building-code program fall under the State Building Codes Bureau¹⁰. No certified Garfield County program was confirmed, so begin with the Garfield County Clerk & Recorder to verify jurisdiction and use the state program for covered work^1,3. The Clerk & Recorder can be reached at (406) 557-2760 or by mail at P.O. Box 7, Jordan, MT 59337³. Ask whether a local ordinance or resolution affects the parcel and who handles any floodplain or road review^2,11. For a covered state project, plan review averages three weeks; the applicant answers comments in writing and pays the fees before issuance¹. State inspections apply only to work requiring a state building permit, not exempt construction¹.

We could not confirm countywide zoning, zoning districts or a zoning map for unincorporated Garfield County². Montana law allows a county commission that has adopted a growth policy to adopt zoning regulations, but that statewide authority does not show that Garfield County has done so¹². Ask the Garfield County Clerk & Recorder to identify any county or municipal rules that apply to the parcel before relying on a seller's description of land as unrestricted³. The same local check should cover setbacks, minimum lot size, building height, lot coverage and minimum dwelling size because no Garfield County figures were confirmed for those topics². Land inside or near Jordan may also require a direct jurisdiction check with the town rather than an assumption that rules for unincorporated land control^2,3.

Every non-public septic system in Garfield County requires a local health permit, whether or not state sanitation review also applies⁴. The County Sanitarian handles systems being constructed, altered, extended or operated; conventional systems must be at least 100 feet from the 100-year floodplain and 6 feet from groundwater, while alternative designs 4 to 6 feet from groundwater require approval¹³. Montana DEQ also reviews sanitation for land divisions under 20 acres and for recreational camping vehicle or mobile-home parks regardless of parcel size⁵. A state Certificate of Subdivision Approval does not replace the local drainfield permit⁵. Contact the Garfield County Environmental Health/Sanitarian at (406) 366-1424 or tmblwod@gmail.com before choosing a house site¹⁴. Only about 12.7% of county soils are rated without severe limitations for a conventional drain field¹⁵. Ask the sanitarian for the current application and inspection sequence because the county-specific inspection schedule could not be confirmed¹⁴.

We could not confirm a Garfield County rule that allows or prohibits full-time RV living, temporary camping on private land or tiny-home occupancy². Ask the Garfield County Clerk & Recorder which local office can give a written parcel-specific answer on occupancy, setbacks, sanitation and minimum dwelling size^2,3. A tiny home within a residential building of fewer than five dwelling units may qualify for the state building-permit exemption when it does not serve transient guests, but that exemption does not settle land-use or wastewater approval^1,4. Every non-public septic system still needs a local health permit, and parcels with multiple permanent RV spaces may also trigger Montana sanitation review⁴.

1. Ask the Garfield County Clerk & Recorder to identify the parcel's land-use jurisdiction and any zoning, setback, floodplain or access review^2,3.

1. Confirm whether the project fits the state exemption for residential buildings with fewer than five dwelling units; submit plans and the state application before starting any covered work¹.

1. Contact the Garfield County Environmental Health/Sanitarian for the local septic permit and site requirements before fixing the house location^4,14.

1. For a land division under 20 acres, or a recreational camping vehicle or mobile-home park, complete the applicable state sanitation review⁵.

1. If the driveway meets a state highway, apply through the appropriate Montana Department of Transportation district office for an approach permit or right-of-way agreement¹⁶.

1. Obtain a local floodplain permit for covered development in a designated Special Flood Hazard Area¹¹.

1. Schedule inspections for work covered by a state building permit¹.

Confirm land-use jurisdiction, legal access, floodplain status and the wastewater site before treating a parcel as buildable^2,4,11,16. Septic feasibility deserves early attention because about 12.7% of county soils are rated without severe limitations for a conventional drain field¹⁵. Water planning also matters in a county averaging 14.2 inches of precipitation annually and experiencing severe drought in 13.1% of years¹⁵. A groundwater development at or below 35 gallons per minute and 10 acre-feet per year may qualify for a permit exception, but a Notice of Intent must be filed before using water from an exempt well⁷. For budgeting context, the effective property-tax rate is about 0.7%, and the median annual property-tax bill is $1,169¹⁵.