Zoning, building permits and septic rules in Town of Alberton, Montana

Town of Alberton’s own rules

• Building permitRequired

  Development, including demolition, inside Alberton town limits.

  • An ordinance permit includes zoning compliance permits, plat approval, rezoning, certificate of occupancy, amendments, demolition, variances, and other actions permitting development.

  “It shall be unlawful for any person to commence any development, including demolition, without obtaining an ordinance permit.”

• InspectionsLimited

  Development receiving an Alberton zoning compliance permit.

  • The Administrator visits the site to check conformance before issuing the certificate of occupancy.

  “The Administrator shall visit the site to check for conformance”

• Certificate of occupancyRequired

  Development after an Alberton zoning permit is granted.

  • Developer must apply before permit expiration and demonstrate conformity with the ordinance and approval conditions; no building or premises may be used or occupied first.

  “No building or premises may be used or occupied until the Administrator has issued a certificate of occupancy.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Alberton town limits.

  • District boundaries are shown on the Official Planning and Zoning Map; map is on file with the Town Clerk and is regularly updated by Town Council.

  “The following zoning districts and their boundaries, as shown on the Official Planning and Zoning Map, are established:”

• Manufactured homesLimited

  Mobile homes used for residential purposes inside Alberton zoning districts.

  • Existing mobile homes may continue. Replacement requires a zoning permit and setback compliance; on single lots replacement must be double-wide, at least 20 feet by 40 feet, permanently founded, and VA/FHA-finance qualified.

  minimum replacement width: 20 feet (single-lot mobile-home replacement) · minimum replacement length: 40 feet (single-lot mobile-home replacement)

  “On single lots, if a mobile home is removed, it must be replaced by a double-wide”

• Who permits septicLocal

  Private sewage disposal for new development inside Alberton town limits.

  • New development must connect to the Town sanitary sewer system.

  “construction of private sewage disposal systems shall be prohibited.”

• Off-grid sanitationProhibited

  Construction of private sewage disposal systems for new development inside Alberton town limits.

  • New development must connect to Town sanitary sewer.

  “New development shall be connected to the Town sanitary sewer system.”

• Mandatory utility hookupSewer (with conditions)

  New development and property served by private sewage disposal inside Alberton town limits.

  • New development must connect to Town sanitary sewer. A property served by private sewage must directly connect when public sewer becomes available; the building must be connected within 60 days.

  connection deadline after public sewer becomes available: 60 days

  “When a public sewer becomes available, the building shall be connected to said sewer within sixty (60) days”

• Subdividing landRegulated (with conditions)

  Development constituting a subdivision inside Alberton town limits.

  • Must comply with the Montana Subdivision and Platting Act and applicable Subdivision Regulations for Mineral County and the Towns of Alberton and Superior, in addition to other applicable zoning provisions.

  “must adhere to the applicable provisions of The Subdivision Regulations for Mineral County and the Towns of Alberton and Superior”

• Permit feesPublished (with conditions)

  Town building-sewer permits inside Alberton town limits.

  • Fee is paid to the town when application is filed; industrial building-sewer permit fee is $100.

  residential or commercial building sewer permit and inspection fee: 25 USD · industrial building sewer permit fee: 100 USD

  “A permit and inspection fee of twenty-five dollars ($25.00) for a residential or commercial building sewer permit and one hundred dollars ($100.00) for an industrial building sewer permit shall be paid to the town at the time the application is filed.”

• Permit processPublished (with conditions)

  Alberton zoning compliance permit applications.

  • Developer files a completed application, site plan, supporting materials, and fee; the Administrator reviews completeness and compliance, approves compliant applications and rejects noncompliant applications.

  zoning compliance permit validity: 2 years (may be extended one additional year if requested before expiration)

  “The developer shall file a properly completed application form, a site plan, and any supporting materials necessary to demonstrate compliance with this ordinance, and the required application fee with the Administrator.”

Rules another office applies inside Town of Alberton

Town of Alberton does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  Residential 1 (R-1) district inside Alberton town limits.

  • Existing recorded lots are exempt, but no new noncomplying lots may be created; two- and multiple-family lots require 5,000 square feet per dwelling unit and 50-foot width; other land uses require 20,000 square feet.

  minimum lot size: 5000 square feet (permitted uses except stated exceptions) · minimum lot width: 34.5 feet (permitted uses except stated exceptions)

  “the minimum lot size required for all permitted uses is 5,000 square feet with a minimum lot width of 34.5 feet”

• SetbacksSpecified

  Residential 1 (R-1) district inside Alberton town limits.

  • Permitted-use front/rear setbacks are 15/5 feet; conditional-use front/rear setbacks are 20/20 feet. Existing lots may receive a reasonable Town Council variance when the stated standards cannot be met.

  front setback for permitted uses: 15 feet · rear setback for permitted uses: 5 feet · side setback: >= 7.5 feet (also not less than one-third of building height)

  “The minimum rear yard setback from all structures shall be 5 feet for permitted uses, 20 feet for conditional uses”

• Building heightSpecified

  Residential lots in the R-1 district inside Alberton town limits.

  maximum structure height: <= 32 feet (or two stories)

  “All structures and accessory structures on residential lots shall not exceed 32 feet or two stories in height.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Alberton or Mineral County directly.

• Owner-builder exemption — Owner-built residential work inside Alberton town limits.
• Building code adopted — Building-code adoption for construction inside Alberton town limits.
• Minimum dwelling size — Residential dwellings in Alberton zoning districts.
• Lot coverage — Lots inside Alberton zoning districts.
• Living in an RV — Long-term recreational-vehicle occupancy on private land inside Alberton town limits.

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.