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

A single-family home in unincorporated McCone County generally does not need a state building permit unless a local ordinance or resolution requires one; confirm any local requirement with the Board of Commissioners^1,2. Montana has a uniform statewide building-code framework, but state building-permit exemptions include farm and ranch buildings, residential buildings with fewer than five dwelling units that do not serve transient guests, and qualifying private garages and storage buildings^1,10. Non-exempt construction, remodeling, moves and occupancy changes outside a certified local program require a state building permit before work starts¹. Inside the Town of Circle, apply for town construction approval; the residential application fee is $50, starting before approval carries a $250 residential fine, and approval lapses if work does not begin within 365 days^3,11. Circle onsite wastewater permits remain separate, with the county sanitarian unless state subdivision authority applies or sewage goes to an approved public system⁴.

For non-exempt work outside a certified local program, contact the Montana Building Codes Program at (406) 841-2056 or buildingcodes@mt.gov^1,10. Submit construction plans and a Building Permit/Plan Review Application; building-permit and plan-review fees must be paid before issuance, with plan review costing 35% of the building-permit fee¹. For state-permitted projects, the building permit precedes related trade permits, and the permit holder must notify the inspector when work is ready and provide access¹². Circle applicants submit town construction applications, while electrical and plumbing permits are separate³. McCone County planning and land-division questions start with the Board of Commissioners at (406) 485-3500; the Planning Board reviews certificates of survey before filing^2,13. Reach the county sanitarian through Public Health at (406) 485-2444, and floodplain questions through Disaster & Emergency Services at (406) 974-3505^4,14,15.

McCone County says it is developing zoning regulations, but that statement does not establish the absence of existing parcel restrictions; ask the Board of Commissioners which adopted rules apply to unincorporated land^2,5. Circle’s Class A residence districts prohibit motor homes, fifth wheels and camper trailers⁶. A Class A dwelling needs at least 7,000 square feet of lot, with a front yard of 25 to 35 feet and side yards of at least 6 feet⁶. Circle’s Class B minimum is 5,000 square feet for a single-family dwelling or duplex, plus 1,000 square feet for each additional family unit¹⁶. Class B front yards are 20 to 30 feet, rear yards at least 20 feet subject to exceptions, and side yards at least 6 feet, increasing for structures over 18 feet high¹⁶. These town standards do not establish setbacks or lot minimums for unincorporated McCone County; we could not confirm those standards or county minimum floor area, lot coverage and height limits^2,16.

McCone County regulates onsite wastewater systems countywide, except subdivision-created parcels under a Montana state agency's sanitation authority⁴. Montana DEQ sets subdivision sanitation standards and reviews covered subdivisions unless a certified local health authority conducts review¹⁷. For county-regulated property, a valid permit is required before constructing or altering a system unless sewage goes to an approved public system⁴. County permits are not required when sewage goes to an approved public system, and a connection to public sewer is required only when the sewer is within 500 feet of the property line, accessible and has capacity, and the existing on-site system has failed or violated county rules⁴. The county sanitarian decides a complete application within 20 working days, and inspects a completed owner-installed system within 6 working days of notice⁴. A homeowner may install septic for the homeowner’s own residence and property without a contractor license, but permits and wastewater rules still apply; the exemption does not cover building for sale, rent or lease⁴. Subdivision lots excluded through a no-facilities exemption need a Certificate of Subdivision Approval before adding facilities that require water or sewer, and local rules must also be met^18,19. Approved subdivision systems require inspection during installation and certification against the approval conditions²⁰. Only 19.3% of county soils lack severe limits for a conventional drain field, so make site evaluation an early budget item⁹.

We could not confirm private-land occupancy rules for long-term RV living, temporary camping, tiny homes, manufactured homes or accessory dwellings in unincorporated McCone County; ask the Board of Commissioners before relying on any of those uses². The statement that county zoning regulations are being developed does not prove those uses are unrestricted⁵. Inside the Town of Circle, motor homes, fifth wheels and camper trailers are prohibited in Class A residence districts⁶. Ask Land Planning which jurisdiction and parcel controls apply². Private off-grid wastewater can use a compliant septic or drainfield system, but state and local sanitation requirements still apply¹⁷. McCone County may approve a sealed pit privy only where the facility has no piped water, while holding tanks are limited to seasonal use and carry additional conditions⁴. A tiny house does not bypass sanitation rules merely because the structure is small⁴.

1. Ask Land Planning whether the parcel is in unincorporated McCone County or Circle and whether subdivision conditions or developing county zoning affect it^2,5.

1. Confirm the residential exemption; send covered, non-exempt work to the state building permit program before construction, while a Circle project needs the town's building permit^3,12.

1. Arrange water. New or expanded groundwater use needs a water-right permit unless an exception applies; an exempt well still requires a Notice of Intent before use²¹.

1. Determine whether county septic rules or state subdivision sanitation review applies, then secure the required approval and inspection^4,18.

1. Ask Disaster & Emergency Services whether the parcel lies in a designated Special Flood Hazard Area; covered development needs floodplain approval through the local administrator, including fill, roads and manufactured-home placement, with local fees and timelines varying^15,22.

1. For a driveway onto a state highway, obtain an approach permit or right-of-way agreement from the Montana Department of Transportation; on a controlled-access highway, also get written permission from the highway authority and, except on an interstate, the local governing body^8,23.

Before buying an agricultural tract in McCone County, check whether a recorded agricultural covenant limits the divided land to exclusive agricultural use; changing to another use normally triggers subdivision review, and the exemption retains surveying and applicable zoning requirements²⁴. Ask the Planning Board about exemption review before filing a certificate of survey; we could not confirm a county-specific agricultural-covenant form or fee¹³. A subdivision lot with a no-facilities exemption needs a Certificate of Subdivision Approval before adding water or sewer facilities¹⁹. Only 19.3% of soils lack severe limits for conventional drain fields; average precipitation is 13.6 inches and severe drought occurs in 17.2% of years⁹. Groundwater use of no more than 35 gallons per minute and 10 acre-feet per year may qualify for an exception, but requires a Notice of Intent before use; combined withdrawals can still require a permit²¹. Typical carrying costs include a 0.7% effective property-tax rate and a $1,330 median annual bill⁹.