Bolthole Index

Phillips County, Montana

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

44Index Score / 100
#52 of 56 in Montana

A single-family home in unincorporated Phillips County, Montana generally does not need a building permit because the county has no certified local building-code program and Montana exempts residential buildings with fewer than five dwelling units from state permits.1 A drainfield still requires a permit from the local health department.2 County zoning, RV occupancy and tiny-home rules could not be confirmed, so settle those parcel-specific questions before buying.

At a glance

Building permit
Generally not required for a single-family home1
Building code
Montana has a statewide code, with residential exemptions34
Zoning
County status not confirmed5
Septic
Local drainfield permit required62
RV living
Private-land occupancy rule not confirmed5
Tiny home
Confirm land-use and sanitation approval before building52
Floodplain
Development permit required in a designated hazard area7

Who to call

Building permits

Montana Building Codes Program

State building-code questions and permits for covered non-exempt projects outside certified local programs

(406) 841-2056

[email protected]

301 South Park Ave. Floors 4 and 5 Helena, MT 59620

Online permits →

Septic permits

Phillips County Environmental Health/Sanitarian

Local environmental health and drainfield permit questions for Phillips County

(406) 654-2521

PO Box 241 Malta, MT 59538

Floodplain permits

Phillips County Floodplain Administrator

Floodplain status and development-permit questions for Phillips County

(406) 270-1884

[email protected]

Box 318 Malta, MT 59538

Contact details are copied from each office’s official page and were checked against it on September 28, 2026.

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

A typical single-family home in unincorporated Phillips County does not require a building permit.1 Phillips County and Malta are absent from Montana's certified local building-code-program list, while state jurisdiction exempts residential buildings containing fewer than five dwelling units unless they serve transient guests.1

That exemption is not a blanket exemption from every construction permit. Montana requires state permits for certain non-exempt new buildings, alterations, additions and repairs, while farm and ranch buildings, qualifying small residential buildings, and qualifying private garages or storage buildings are among the stated exemptions.4 Separate electrical, plumbing or mechanical permits may still be required for a project even where no building permit applies.8 Ask the Montana Building Codes Program about mixed-use, commercial, transient-guest or larger residential plans before work begins.9

Who handles Phillips County building permits and inspections?

Phillips County does not appear on Montana's list of certified local building-code jurisdictions, so the Montana Building Codes Program is the first contact for a project that may fall outside the residential exemption.1 The program answers coverage questions at (406) 841-2056 and accepts state building-permit applications for covered work.9

For a covered state project, submit construction plans and the Building Permit/Plan Review Application; the permit issues after review comments are answered and fees are paid.8 Montana reports an average plan-review time of three weeks, although timing depends on workload, project size and deficiencies.8 The state program performs inspections on work requiring a permit under its jurisdiction, and the permit holder must notify the inspector when work is ready.10 A certificate of occupancy applies to a building constructed under the state or a local building code, rather than automatically to every structure.11

Does Phillips County, Montana have zoning?

Phillips County's countywide zoning status could not be confirmed from the available county information.5 Montana law allows a board of county commissioners that has adopted a growth policy to adopt zoning regulations for all or parts of its jurisdiction, but that authority alone does not establish that a particular Phillips County parcel is zoned.12

Before relying on a rural listing described as unrestricted, ask the Phillips County commissioners or clerk whether the parcel lies in a county zoning district and request the applicable map and text. Also confirm setbacks, minimum dwelling size, manufactured-home placement, accessory structures and any recorded covenants with the office that holds the land record. County zoning and private covenants are different controls, and the available county zoning field does not answer either parcel-level question.5 Land inside Malta, Dodson or Saco may be governed by municipal rules rather than the unincorporated-county answer, so contact the relevant town or city for land within its limits.

How do septic permits work in Phillips County?

A Montana drainfield requires a local health-department permit even when the property already has a Certificate of Subdivision Approval.2 Phillips County's local contact is the County Environmental Health/Sanitarian at PO Box 241 in Malta, reachable at (406) 654-2521.13 Ask that office about site evaluation, system design, fees, installation inspections and replacement-system requirements before choosing a house site.

Montana DEQ reviews sanitation facilities for covered divisions of land comprising less than 20 acres, including water supply, sewage disposal, solid waste disposal and storm drainage, but DEQ subdivision approval does not replace the local drainfield permit.14 Only about 10.5% of Phillips County soils are rated without severe limitations for a conventional septic drainfield, so soil suitability deserves early investigation and an alternative design may be necessary.15 Do not assume a large rural tract or an existing approval eliminates the local permit step.2

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

Phillips County's rules for living in an RV on private land could not be confirmed, and Montana's public-use-site camping limit does not answer private-land occupancy. Ask the county commissioners or clerk about long-term RV occupancy, utility connections and any local land-use district before moving onto the parcel. County zoning itself also remains unconfirmed.5

A tiny home used as a residence fits the general residential-permit analysis only if the project actually qualifies for Montana's exemption for residential buildings containing fewer than five dwelling units and is not serving transient guests.4 That building-permit exemption does not remove the required local drainfield permit.2 Confirm whether a tiny home on wheels is treated as an RV, whether a foundation changes its classification, and whether a parcel has minimum-size, setback or covenant restrictions before purchase. The available county information does not confirm an owner-builder exemption.16

Building a home in Phillips County: steps in order

  1. Confirm that the parcel is in unincorporated Phillips County and ask the county commissioners or clerk whether a zoning district, setbacks or other land-use rules apply; county zoning status is not confirmed.5
  1. Describe the project to the Montana Building Codes Program and confirm that it qualifies for the small-residential exemption; qualifying residential buildings with fewer than five dwelling units generally need no state building permit.4
  1. Contact Phillips County Environmental Health/Sanitarian before fixing the house site, because a local drainfield permit is required.2
  1. Check the flood map with the Phillips County Floodplain Administrator; new development in a designated Special Flood Hazard Area requires a permit.717
  1. If the driveway meets a Montana state highway, apply to the appropriate MDT District Office for an approach permit or right-of-way agreement.18
  1. Obtain any separate electrical, plumbing or mechanical permits that apply before starting those trades.8

What should you check before buying land in Phillips County?

Start with water, wastewater, flood exposure and legal access rather than the house plan. Phillips County receives about 13.4 inches of precipitation a year, and severe drought occurs in about 16.3% of years, so verify the well record, expected yield and water quality for the specific tract.1920 Only about 10.5% of county soils avoid severe conventional-drainfield limits, making a septic evaluation a meaningful purchase contingency.15

Ask the Phillips County Floodplain Administrator whether the proposed building, driveway, fill or manufactured-home location is in a designated Special Flood Hazard Area.717 A new or modified driveway onto a state highway requires an MDT approach permit or right-of-way agreement, and a changed use of an existing approach can require a new permit.18 The county is sparsely settled at about 0.8 person per square mile, and the nearest city of 100,000 or more is about 174 miles from the county center, so price contractor travel and material delivery before committing.2122

Watch-outs

  • No building permit does not mean no trade, septic, floodplain or highway-access permit.82718
  • Phillips County zoning, private-land RV occupancy, tiny-home classification and owner-builder rules remain unconfirmed; ask the county commissioners or clerk before relying on a seller's description.516
  • A Certificate of Subdivision Approval does not replace the local drainfield permit.2

Sources

  1. Montana DLI - Certified City, County and Town Building Code Programs (2026 county census)
  2. Engineering Infrastructure & Subdivisions (Montana statewide rule), quoted and re-checked
  3. Current Codes (Montana statewide rule), quoted and re-checked
  4. Building Permits (Montana statewide rule), quoted and re-checked
  5. (2026 county census)
  6. Phillips County Resource Guide (lists Phillips County Health Department) (2026 county census)
  7. Stream Permitting (Montana statewide rule), quoted and re-checked
  8. Building Permits (Montana statewide rule), quoted and re-checked
  9. Montana Building Codes Program (bsd.dli.mt.gov)
  10. Building Permits (Montana statewide rule), quoted and re-checked
  11. 50-60-107. Certificate of occupancy, MCA (Montana statewide rule), quoted and re-checked
  12. 76-2-201. County zoning authorized, MCA (Montana statewide rule), quoted and re-checked
  13. Phillips County Environmental Health/Sanitarian (dphhs.mt.gov)
  14. Engineering Infrastructure & Subdivisions (Montana statewide rule), quoted and re-checked
  15. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  16. (2026 county census)
  17. Phillips County Floodplain Administrator (dnrc.mt.gov)
  18. Approach Manual for Landowners and Developers (Montana statewide rule), quoted and re-checked
  19. Annual precipitation: Bolthole Index county data
  20. Share of years in severe drought: Bolthole Index county data
  21. Population density: Bolthole Index county data
  22. Distance to the nearest metro area: Bolthole Index county data

Written September 28, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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County locator

Phillips County in Montana

44
County map
Phillips County highlighted among the Montana counties · colored by Index score

How Phillips County scores

Seclusion89100% ev.
Self-Sufficiency14100% ev.
Admin Boringness7468% ev.
Durability37100% ev.
Property Autonomy83100% ev.
Carry Cost8396% ev.

Evidence strength: 94%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$232kTypical home
0.8%Property tax
$1,124Land / acre
13.4"Annual rain
16.3% of yrsSevere drought
8.5 / yr (+7.2)Mid-century 100°F days
24.3 daysMid-century dry spell
1.04" (+7.1%)Mid-century 1-day rain
1.22×Wildfire change factor
100%Forward climate coverage
$1,892Home insurance / yr
3% / yrInsurance growth
1.45%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
310Radius comparison (15 mi)
0.8People / sq mi
48.5%Federal land
73.2%Land at 15% slope or less
10.5%Septic soil without severe limits
340,678 acWorkable land screen
3.8%Wooded land
10.8 tonsBiomass / forest ac
43.4°FAvg temp

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Answers from the rulebook for Phillips County

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

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.”
  • 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.”
  • 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.”
  • 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.”
  • Who permits septicMixed (with conditions)

    Montana statewide sanitation and septic regulation, including subdivision sanitation review and drainfield permitting.

    • Montana DEQ administers subdivision sanitation review for covered divisions of land and related facilities.
    • The drainfield permit is administered by the local health department even when a Certificate of Subdivision Approval exists.
    “The DEQ Subdivision Program reviews divisions of land comprising less than 20 acres [...] This review is limited to sanitation facilities, including the water supply, sewage disposal, solid waste disposal, and storm drainage systems. [...] Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
  • Septic permitRequired

    Installation of a drainfield in Montana, including property already covered by a Certificate of Subdivision Approval.

    • A Certificate of Subdivision Approval does not replace the drainfield permit.
    • The cited page identifies the local health department as the permitting authority.
    “Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
  • 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.”
  • Building in a floodplainRequired

    New development within a designated Special Flood Hazard Area in Montana.

    • The applicant must check with the local floodplain administrator to determine whether an SFHA has been designated.
    • Covered development includes placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, excavation, new construction or development, placement or replacement of manufactured homes, and new construction, additions, or substantial improvements to residential and commercial buildings.
    • Permit applications are obtained from the local floodplain administrator.
    • Application fees and timelines are established by the local government and vary widely throughout the state.
    “Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
  • 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.”
  • 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.”
  • 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;”
  • county zoning authorityGeneral

    Montana boards of county commissioners adopting zoning regulations for all or parts of their jurisdictional areas, including unincorporated land.

    • The board of county commissioners must have adopted a growth policy pursuant to Montana Code Annotated chapter 1.
    • Zoning regulations must be adopted in accordance with Title 76, chapter 2.
    • The statute also contains a temporary provision for counties that adopted a master plan before October 1, 1999; that provision authorized adoption or revision only until October 1, 2006.
    “a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations”

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 Phillips County, Montana

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

Phillips County scores 44/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 310 people within 15 miles and a stronger property-autonomy legal backdrop. Watch-outs: weak self-sufficiency basics: only 13.4″ of rain a year and elevated current hazard exposure.

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

Phillips County does not require a county building permit for a home in unincorporated areas. Onsite septic is permitted by Phillips County Health Department. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Phillips County, Montana?

Land in Phillips County runs about $1,124 per acre, based on the latest county data.

What is the water situation in Phillips County?

Phillips County gets about 13.4" of rain a year, with severe drought in roughly 16.3% of years.

How remote is Phillips County?

A typical private-land location has about 310 people within 15 miles and 50,868 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

Off-grid gear

Going off-grid in Phillips County means bringing your own water and power. The kit we’d start with:

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How Phillips compares in Montana

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