Bolthole Index

Silver Bow County, Montana

Building permits, zoning and land rules in Silver Bow County, Montana

68Index Score / 100
#20 of 56 in Montana

Silver Bow County, Montana requires building permits for residential construction and structural alterations, subject to the building-code exceptions1. Zoning approval is countywide under Butte-Silver Bow's consolidated city-county government, with no separate municipal zoning authority2. Septic permits come from Butte-Silver Bow Environmental Health for any structure not connected to public sewer3.

Do you need a building permit in Silver Bow County, Montana?

Yes.

Yes. Silver Bow County requires permits for construction, enlargement, alteration, repair, moving, demolition, a change of occupancy, and residential new construction or structural alteration, subject to the exceptions in the adopted building code1. Building & Code Enforcement issues residential, commercial, mechanical, plumbing and sign permits9. Butte-Silver Bow locally enforces its adopted building-code suite, so rural location alone does not remove a parcel from code administration4.

Required inspections cover listed stages such as rebar, weatherproofing, framing, plumbing, mechanical, roofing and final work; request an inspection one business day before it is needed and do not conceal work first10. A qualifying owner may perform plumbing in the owner's primary residence when there is no intent to sell, but rentals and investment properties require a licensed plumber; this is not a general building-permit exemption8.

Who issues building permits in Silver Bow County, and how do you reach them?

Butte-Silver Bow Building & Code Enforcement is at Courthouse, Room 108, 155 W. Granite St., Butte, MT 59701; call (406) 497-6210 for building plan review and residential, mechanical or plumbing permits.

Butte-Silver Bow Building & Code Enforcement is at Courthouse, Room 108, 155 W. Granite St., Butte, MT 59701; call (406) 497-6210 for building plan review and residential, mechanical or plumbing permits9. The county's published sequence begins by calling Planning and Building, followed by application submission, review, approval, inspections and the applicable completion or occupancy certificate1.

Planning and Zoning shares the courthouse location and can be reached at (406) 497-625011. Planning handles zoning certification and zoning approval, subdivision review, floodplain review and development review, while septic permits stay with Environmental Health rather than the building office11,12. The septic office, Environmental Health, is at 25 W. Front St., Butte, MT 59701; call (406) 497-5020 about onsite wastewater permitting and inspections12.

Does Silver Bow County have zoning?

Yes.

Yes. Zoning governs land use and development across Butte-Silver Bow County, and the source describes one city-county system rather than separate municipal zoning authorities, but the applicable requirements vary by mapped district2,5. The county publishes district descriptions and an interactive zoning map, while Municipal Code Title 17 contains the detailed requirements5.

A property's district matters before choosing a house location or assuming a rural use is allowed. Planning and Zoning performs certifications involving height, setbacks and lot coverage, as well as subdivision and development review11. We could not confirm a single countywide minimum lot size, dwelling size, setback, height or lot-coverage figure; ask Planning for a parcel-specific determination. Distance from Butte does not by itself show that land is unrestricted because the consolidated zoning system covers the county5.

How do septic permits work in Silver Bow County?

Butte-Silver Bow Environmental Health regulates onsite wastewater systems and requires septic permits for new individual and multifamily systems, commercial development, replacements and alterations.

Butte-Silver Bow Environmental Health regulates onsite wastewater systems and requires septic permits for new individual and multifamily systems, commercial development, replacements and alterations3,6,7. A structure not connected to public sewer needs a septic permit; the available sources do not establish a universal water or sewer connection mandate8. A Montana subdivision sanitation approval does not replace the local drainfield permit13.

Only about 6.7% of mapped county soils are rated without severe limitations for a conventional drain field, so arrange site evaluation early14. Give the Health Department one working day of notice before an onsite wastewater system is covered15. Call Environmental Health at (406) 497-5020 before fixing the house site or closing on land whose value depends on septic feasibility12.

Can you live in an RV or tiny home in Silver Bow County?

We could not confirm a private-land RV occupancy rule or a specific tiny-home occupancy rule for Silver Bow County.

We could not confirm a private-land RV occupancy rule or a specific tiny-home occupancy rule for Silver Bow County. Because zoning applies throughout the county and requirements vary by district, ask Butte-Silver Bow Planning and Zoning whether the parcel allows the proposed use5. Planning can also address zoning certification, development review, setbacks, height and lot coverage11.

Do not assume that a tiny home used as a residence escapes permitting: residential new construction and structural alteration require permits subject to building-code exceptions, and local building codes apply1,4. A structure needing onsite wastewater disposal also requires a septic permit when it is not connected to public sewer8. Ask Planning separately about RV occupancy during construction because the available private-land rule remains unconfirmed.

Building a home in Silver Bow County: what are the steps, in order?

Call Planning and Building, identify the mapped zoning district, and confirm the proposed use, siting, subdivision status and floodplain review.

  1. Call Planning and Building, identify the mapped zoning district, and confirm the proposed use, siting, subdivision status and floodplain review1,5,11.
  2. Contact Environmental Health for onsite wastewater approval if the home will not connect to public sewer8,12.
  3. Submit a complete residential permit package for review; incomplete packages are returned1.
  4. Obtain a right-of-way permit for work in the public right-of-way, including a driveway connecting to it; a state-highway approach also requires state approval16,17.
  5. Schedule each required inspection one business day ahead and before concealing the work10.
  6. Complete the proper inspections before requesting the certificate of occupancy; smaller jobs such as remodels, decks, additions, plumbing and mechanical work receive a certificate of completion instead1.

What should you check before buying land in Silver Bow County?

Confirm zoning, wastewater, flood exposure, legal access and subdivision status before treating a parcel as a homesite.

Confirm zoning, wastewater, flood exposure, legal access and subdivision status before treating a parcel as a homesite. Planning and Zoning handles district certifications, development review and floodplain information, and enforces the local floodplain regulations11,18. Development inside a designated Special Flood Hazard Area requires a local floodplain permit for covered work such as fill, roads, culverts, excavation, manufactured homes and new buildings19. A proposed land division may require county subdivision review, and every subdivision begins with a pre-application meeting; the county review may take up to three months20,21.

Septic feasibility deserves particular attention because only about 6.7% of mapped soils avoid a severe conventional-drainfield limitation14. About 36.9% of county land has a slope of 15% or less, so grade and usable building area can vary sharply by parcel14. About 51.4% of county land is federally owned, so verify boundaries and easements rather than relying on nearby open land14.

Watch-outs

  • Zoning approval is countywide in Butte-Silver Bow, beyond the urban core, and requirements vary by mapped district, so verify the parcel before relying on a seller's description2,5.
  • Only about 6.7% of mapped soils avoid severe limitations for a conventional septic drain field; arrange an early site evaluation with Environmental Health12,14.
  • A driveway connecting to a public right-of-way requires a county right-of-way permit, while a new or modified state-highway approach also requires state approval16,17.
  • Private-land RV occupancy, tiny-home occupancy and a countywide minimum dwelling size remain unconfirmed; ask Planning and Zoning about the parcel's district before purchase5,11.

Sources

21 official pages, each quoted and re-checked · written October 9, 2026

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Compared with neighboring counties

Unlike 5 of its 6 neighbors, Silver Bow County requires a building permit for a home.

RuleSilver Bow CountyDeer Lodge CountyJefferson CountyGranite CountyBeaverhead CountyMadison CountyBroadwater County
Building permitRequiredRequiredLimitedLimitedNot requiredLimitedNot required
County zoningYesYesYesYesNoNoNo
Septic permitsButte-Silver Bow Env. Health Div.Anaconda-Deer Lodge County Env. Health Dept.County Env. HealthTri-County SanitarianBeaverhead CountyCounty SanitarianCounty Env. Health

County locator

Silver Bow County in Montana

68
County map
Silver Bow County highlighted among the Montana counties · colored by Index score

How Silver Bow County scores

68 / 100 · #20 of 56 in Montana · six factors, land price, tax, rain and climate

Seclusion73100% ev.
Self-Sufficiency43100% ev.
Admin Boringness4290% ev.
Durability61100% ev.
Property Autonomy83100% ev.
Carry Cost83100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$293kTypical home
1.1%Property tax
$2,572Land / acre
18.1"Annual rain
17.2% of yrsSevere drought
0.1 / yr (+0.1)Mid-century 100°F days
19.3 daysMid-century dry spell
1.08" (+10%)Mid-century 1-day rain
1.2×Wildfire change factor
100%Forward climate coverage
$1,713Home insurance / yr
2.5% / yrInsurance growth
0.8%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
25,145People within 30 min
317,087People within 2 hr
39,730Radius comparison (15 mi)
50.6People / sq mi
51.4%Federal land
36.9%Land at 15% slope or less
6.7%Soils rated "not limited" for septic (strict USDA rating)
29,446 acWorkable land screen
56.1%Wooded land
25.7 tonsBiomass / forest ac
39.9°FAvg temp

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Cities and towns in Silver Bow County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Answers from the rulebook for Silver Bow County

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

Silver Bow County rules

  • Building permitRequired

    Construction, enlargement, alteration, repair, moving, demolition, change of occupancy, and residential new construction or structural alterations.

    • Exceptions listed in IBC 105.2 apply.
    • The presentation separately lists commercial, roofing, demolition, excavation, plumbing, mechanical, right-of-way, sewer tap, and moving permits.
    “When do you need a permit? (IBC 105.1) Construct Enlarge Alter Repair Move Demolish Change Occupancy Exceptions listed in IBC 105.2 (See handout)”
  • Owner-builder exemptionConditional

    Owner-performed plumbing work in a primary residence.

    • The structure must be the owner's primary residence.
    • There must be no intent to sell the property.
    • Investment properties and rentals cannot be done by the owner and must be done by a licensed plumber.
    • This source addresses plumbing work, not a general exemption from residential building permits.
    “Homeowner may complete the work without a permit only if the structure is their primary residence without intent to sell the property.”
  • Building code adoptedAdopted

    Butte-Silver Bow building-code administration.

    • The county page lists the 2021 Uniform Plumbing, International Mechanical, International Fuel Gas, International Building, International Residential, International Existing Building, International Energy Conservation, International Fire, and International Swimming Pool & Spa Codes.

    code edition: 2021

    “Butte-Silver Bow has adopted the following 2021 ICC Building codes:”
    One more reviewed finding on this topic
    • Adopted — Butte-Silver Bow building-code administration.
      “Butte-Silver Bow has adopted the following 2021 ICC Building codes:”
  • InspectionsRequired

    Residential and commercial building work requiring county inspection.

    • Listed inspections include rebar, weatherproofing, framing, plumbing, mechanical, roofing, final, and other inspections as required.
    • Twenty-four-hour notice, defined as one business day in advance, is required.
    • Missed inspections may require uncovering work.
    “Inspections (yes, they’re required)  Rebar inspection for footings and foundation walls – before concrete is poured  Weatherproofing for foundation  Framing  Plumbing  Mechanical  Roofing  Final  Other inspections as required (insulation, fire walls, slabs, etc.)  24-hour notice required (1 business day in advance)”
  • Certificate of occupancyRequired

    Completed building projects requiring a certificate of occupancy.

    • A Certificate of Completion is issued instead for smaller jobs such as remodels, decks, additions, plumbing, and mechanical work.
    • A Certificate of Occupancy cannot be issued without proper inspections.
    “Upon Project Completion a Certificate of Occupancy is issued”
  • County-wide zoningPresent (with conditions)

    Land use and development in Butte and Silver Bow County.

    • Zoning district boundaries are shown on the land use map.
    • Requirements are described in Butte-Silver Bow Municipal Code Title 17.
    “Butte-Silver Bow's zoning is determined through public processes and is intended to govern the use and development of land in Butte and Silver-Bow County.”
    One more reviewed finding on this topic
    • Present (with conditions) — Land use and development in Butte-Silver Bow County.
      “Butte-Silver Bow's zoning is determined through public processes and is intended to govern the use and development of land in Butte and Silver-Bow County.”
  • Local zoningPresent (with conditions)

    Land use and development throughout Butte-Silver Bow County, including mapped zoning districts administered through the Butte-Silver Bow city-county planning framework.

    • Zoning district boundaries are shown on the land use map.
    • Detailed zoning requirements are in Butte-Silver Bow Municipal Code Title 17.
    • The source describes countywide city-county zoning and does not establish separate municipal authorities within the county.
    “Butte-Silver Bow's zoning is determined through public processes and is intended to govern the use and development of land in Butte and Silver-Bow County. Zoning district boundaries are shown geographically on the land use map linked below.”
    2 more reviewed findings on this topic
    • Varies (with conditions) — Aggregate of zoning districts and land-use controls administered through the consolidated Butte-Silver Bow planning and zoning system.
      “Zoning district boundaries are shown geographically on the land use map linked below. You can see a complete list of Zoning District Descriptions here. Details on all zoning requirements are described in Butte-Silver Bow Municipal Code, Title 17.”
    • Varies (with conditions) — Aggregate local zoning across Butte-Silver Bow County; district-specific requirements apply and the conclusion does not mean the county administers every local ordinance.
      “Zoning district boundaries are shown geographically on the land use map linked below.”
  • Zoning districtsPublished (with conditions)

    Zoning districts and mapped boundaries in Silver Bow County.

    • The county provides a zoning and land-use map, a complete list of zoning district descriptions, and an interactive zoning map.
    • Detailed requirements are in Municipal Code Title 17.
    “You can see a complete list of Zoning District Descriptions here.”
    One more reviewed finding on this topic
    • Published — Butte-Silver Bow zoning districts and boundaries.
      “Zoning district boundaries are shown geographically on the land use map linked below. You can see a complete list of Zoning District Descriptions here. Details on all zoning requirements are described in Butte-Silver Bow Municipal Code, Title 17.”
  • SetbacksSpecified

    The triangular R-1 (Single-Family Residence) lot at the corner of Richardson Street and Banks Avenue, legally described as Home Add, S29, T03 N, R07 W, Block 16, portion of Lots 13 through 18.

    • The May 21, 2026 agenda states that a variance application sought maximum relief from the listed setbacks because of the lot's geographical constraints; the agenda does not record a decision granting relief.
    • The agenda identifies BSBMC Sections 17.10.070, 17.10.080, and 17.10.090 as regulating the minimum front, side, and rear yard setbacks.

    front yard setback: 20 ft · side yard setback for primary structure: 5 ft · rear yard setback: 10 ft

    “a 20-foot front yard setback, 5-foot side yard setbacks for the primary structure, and a 10-foot rear yard setback.”
  • Who permits septicCounty (with conditions)

    Onsite wastewater treatment systems in Butte-Silver Bow County.

    • The Environmental Health Division investigates violations involving County Wastewater Regulations, DEQ Circular 4, and ARM 17.36.
    • DEQ subdivision approval applies where required; county Health Department approval applies to systems not governed by DEQ.
    “BUTTE-SILVER BOW HEALTH DEPARTMENT [...] A permit to construct a new on-site wastewater treatment system must only be issued by the Department upon approval of the site evaluation application.”
  • Septic permitRequired

    Structures requiring wastewater disposal and onsite wastewater systems.

    • The county page lists new individual and multifamily systems, commercial development, replacement systems, and altered systems.
    “Septic permit - Required if NOT connected to public sewer system”
    One more reviewed finding on this topic
    • Required — Any structure requiring onsite wastewater disposal and all wastewater treatment systems installed in Butte-Silver Bow County.
      “A permit is required for all wastewater treatment systems installed in Butte-Silver Bow County, including: New systems for individual and multi-family living Commercial development Replacement systems Altered systems”
  • Septic inspectionRequired

    Onsite wastewater systems before they are covered.

    • The applicant must give the Health Department one working day notice before the system is covered.
    “working day notice for inspection of the system before it is covered.”
  • Off-grid sanitationLimited

    Structures and wastewater treatment systems in Butte-Silver Bow County that use onsite wastewater disposal.

    • A septic permit is required for any structure requiring onsite wastewater disposal.
    • A permit is required for all wastewater treatment systems installed in the county, including new individual and multifamily living systems, commercial development, replacement systems, and altered systems.
    • The Environmental Health Division investigates complaints involving BSB Wastewater Regulations, DEQ Circular 4, and ARM 17.36.
    “The Butte-Silver Bow Environmental Health Division regulates all onsite wastewater treatment systems in Butte-Silver Bow County. Septic permits are required for any structure requiring onsite wastewater disposal.”
    One more reviewed finding on this topic
  • Mandatory utility hookupConditional

    Residential development depending on public sewer availability.

    • A septic permit is required if the structure is not connected to public sewer.
    • Sewer tap permits are listed among required permits where applicable.
    • The sources do not establish a universal countywide water or sewer connection mandate.
    “Septic permit - Required if NOT connected to public sewer system”
  • Subdividing landRegulated (with conditions)

    Land divisions meeting the county's subdivision definition, including certain condominium projects and land used for multiple recreational camping vehicles or manufactured homes.

    • A pre-application meeting is required for all subdivisions.
    • Minor subdivisions create five or fewer lots; major subdivisions create six or more lots.
    • Road construction standards are required as part of subdivisions.

    minor subdivision lots: <= 5 lots · major subdivision lots: >= 6 lots

    “A minor subdivision creates five or fewer lots whereas a major subdivision creates six or more lots. What is the Subdivision Review Process? A pre-application meeting is required for all Subdivisions.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision review and platting in Silver Bow County.
      “These policies include local subdivision, zoning, and floodplain regulations”
  • Driveway accessRequired

    Work in the public right-of-way, including a driveway connecting to a right-of-way.

    • The official residential building-permit form states that the requirement applies to work in the public right-of-way and includes installing a driveway connecting to a right-of-way.
    “Right of Way Permit Required? *Required for any work being done in the public Right of Way, including installing a driveway which connects to a ROW.”
  • Building in a floodplainLimited

    Development subject to floodplain review in Silver Bow County.

    • The Planning Department enforces local floodplain regulations.
    • The Planning Department lists floodplain review and information as a planning responsibility.
    • The source does not establish that every instance of soil disturbance requires a stormwater-management plan.
    “These policies include local subdivision, zoning, and floodplain regulations and development guidelines for public right-of-ways, reclamation areas (superfund sites), public places and structures, and public and private utilities.”
  • Permit feesPublished (with conditions)

    Subdivision permit and review fees.

    • Preliminary plat fees are $500 for one to five lots; six or more lots or subsequent minor subdivisions are $500 plus $50 per lot, plus additional advertising, certified-letter, and peer-review charges.
    • Final plat approval is $500.

    preliminary plat, 1-5 lots: 500 USD · preliminary plat, 6+ lots or subsequent minor subdivision: 500 USD (plus $50 per lot and additional advertising, certified-letter, and peer-review charges) · final plat approval: 500 USD

    “1-5 (First minor subdivision)[...]$500.00 6 or more (major subdivision) or subsequent minor subdivisions[...]$500.00 plus $50.00 per lot, plus all additional charges for advertising, certified letters and peer review of technical information [...] Final Plat Approval[...]$500.00”
  • Permit processPublished (with conditions)

    Subdivision review and permitting process.

    • A pre-application meeting precedes preliminary plat submission.
    • Planning staff review compliance with county regulations and the Montana Subdivision and Platting Act.
    • Applications are routed to appropriate county, state, and federal agencies.
    • The review period may take up to three months; public notice for major and subsequent minor subdivisions is at least 15 days before the hearing.

    review period: <= 3 months (including element and sufficiency reviews) · public notice: >= 15 days (before the hearing)

    “The Preliminary Plat and subdivision application will be reviewed by planning staff for compliance with requirements of the Butte-Silver Bow Subdivision Regulations and Montana Subdivision and Platting Act. Your application will also be routed to the appropriate County, State, and Federal agencies for their review. Including element reviews and sufficiency reviews, this review period may take up to three months.”
    One more reviewed finding on this topic
    • Published (with conditions) — County building permit process.
      “Permit application submittal Permit review Permit approval Inspections Certificate of Occupancy”

Montana rules that apply here

  • Living in an RVLimited

    RV, camper-trailer, and other trailer overnight use for general recreation on legally accessible Montana state trust land administered by DNRC.

    • A Conservation License is required for dispersed camping on state trust land.
    • RV or trailer camping must be within 50 feet of a customary access point; motorized vehicles must be parked within 50 feet of a customary access point, and the camper or trailer may not be set up farther away by driving beyond that point.
    • On leased or licensed land, the stay limit is 2 days.
    • On unleased or unlicensed land, the stay limit is 16 days within a 30-day period.
    • Within a designated campground, the stay limit is 16 days within a 30-day period.
    • The local DNRC field office should be contacted to confirm whether land is leased.
    • Pets must be leashed or otherwise controlled.
    • Overnight horses must be restrained, may not remain in a stream riparian zone for more than one hour, and must use certified weed-seed-free feed.
    • Campfires are generally permitted within designated campgrounds and on unleased or unlicensed land but are not allowed on leased land.
    • Cutting firewood requires a separate permit from the local DNRC field office, and fireworks are not allowed on state land.
    • State Parks, Fishing Access Sites, and Wildlife Management Areas are managed by Montana Fish, Wildlife and Parks rather than under this DNRC camping page.

    RV/trailer distance from customary access point: <= 50 ft (Motorized vehicles must be parked within 50 feet; the page states the camper or trailer may not be driven farther to set it up.) · maximum stay on leased or licensed land: 2 days · maximum stay on unleased or unlicensed land: 16 days within a 30-day period · maximum stay within designated campground: 16 days within a 30-day period

    “TRAILER/RV etc. Camp within 50 ft of a customary access point. Motorized vehicles must be parked within 50 ft of a customary access point. You may not drive further to set up a camper or trailer. On leased or licensed land: 2 days On unleased/unlicensed land: 16 days within a 30-day period Within designated campground: 16 days within a 30-day period”
  • Camping on your landLimited

    Overnight camping by the public along surface waters open to recreational use under the Montana stream access law, on private land without landowner permission

    • Without landowner permission or contractual arrangement, overnight camping is excluded from the public's recreational use right unless necessary for enjoyment of the surface water and the campsite meets the dwelling-distance test
    • The statute's distance test: campsite not within sight of any occupied dwelling, or more than 500 yards from any occupied dwelling, whichever is less
    • For class II waters, subsection (3) excludes overnight camping without landowner permission
    • Right of use does not grant any easement to enter or cross private property to reach the water
    • No statewide private-land camping rule located

    distance from occupied dwelling: > 500 yards (or out of sight of any occupied dwelling, whichever is less)

    “(e) overnight camping unless it is necessary for the enjoyment of the surface water and the campsite is not within sight of any occupied dwelling or the campsite is more than 500 yards from any occupied dwelling, whichever is less;”
    One more reviewed finding on this topic
  • Tiny homesLimited

    Tiny dwelling units in an unincorporated county jurisdictional area where a county board of commissioners establishes zoning regulations under 76-2-202.

    • State law leaves adoption and the content of county zoning to the board of county commissioners: it may establish zoning for part or all of an eligible jurisdictional area and may create zoning districts allowing tiny dwelling units.
    • For this county-zoning statute, a tiny dwelling unit is 350 to 750 square feet, on a permanent foundation, and used as a single-family dwelling for at least 45 days or longer.
    • Appendix Q, tiny houses, of the International Building Code as printed January 1, 2023, may govern all other requirements of a tiny dwelling unit within that size range.
    • The statute does not limit historic-district conditions, local design-review standards, existing covenants, or covenants under Title 70, chapter 17, part 2.
    • Regulations may differ by district.

    tiny dwelling unit floor area: 350 to 750 square feet (Definition applies under 76-2-202.) · single-family dwelling use duration: >= 45 days (Definition applies under 76-2-202.)

    “including the creation of zoning districts that allow tiny dwelling units.”
  • Manufactured homesAllowed (with conditions)

    Manufactured housing used as residential housing within Montana municipalities that exercise zoning powers under MCA Title 76, chapter 2, part 3.

    • Municipal zoning regulations may not treat manufactured housing or factory-built housing units differently from other residential units.
    • Placement remains subject to applicable municipal zoning districts, permits or variances where required, building-code requirements, and other applicable health and safety rules.
    • The statute defines manufactured housing as a single-family dwelling built offsite in a factory and compliant with applicable prevailing HUD standards; a manufactured home does not include a mobile home or housetrailer as defined in 15-1-101, MCA.
    • The source addresses municipal zoning and does not establish unrestricted occupancy on unzoned or county land statewide.
    “Zoning regulations adopted under this part may not treat manufactured housing or factory-built housing units differently from any other residential units.”
  • Accessory dwellingsAllowed (with conditions)

    Accessory dwelling units in jurisdictional areas where a Montana county has established zoning regulations under MCA Title 76, chapter 2, part 2.

    • The county zoning regulations must allow at least one accessory dwelling unit by right on a lot or parcel containing a single-family dwelling.
    • The unit may be attached, detached, or internal.
    • The county may not require owner occupancy, a familial, marital, or employment relationship between occupants, or impact fees; private restrictive covenants remain possible but cannot be required as a permit, license, or use condition.
    • A county may charge up to $250 for a one-time ADU application-review fee, in addition to usual building fees.
    • Applicable building codes, fire codes, and public-health and safety regulations still apply.
    • The county may require expedited sanitation review for an ADU on a parcel with existing public water and wastewater capacity; the 15-day expedited-review provision terminates September 30, 2029.
    • The statute applies to a county that exercises zoning powers; it does not itself create county zoning where none exists.

    maximum one-time application-review fee: <= 250 USD (Usual building fees may also be required.) · expedited sanitation review: 15 days (Parcel must have existing public water and wastewater service with capacity.)

    “In jurisdictional areas where the board of county commissioners has established zoning regulations under this part, the regulations must allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.”
    One more reviewed finding on this topic
    • Allowed (with conditions) — Accessory dwelling units in Montana municipalities that exercise zoning powers under MCA Title 76, chapter 2, part 3.
      “A municipality shall adopt regulations under this chapter that allow a minimum of one accessory dwelling unit by right on a lot or parcel that contains a single-family dwelling.”
  • Well permitLimited

    New groundwater developments in Montana using 35 gallons per minute or less and no more than 10 acre-feet per year.

    • All water uses starting after June 30, 1973, require a water right either through a water-use permit or an exception to the permitting process.
    • The development may qualify for the exception; qualification is not automatic.
    • Completed groundwater uses that meet the permit exception receive a Groundwater Certificate rather than a water permit.
    • A permitted water right is required for a combined appropriation from the same source by two or more wells or developed springs exceeding 10 acre-feet, regardless of flow rate.
    • All lots in a multi-phase subdivision must share a combined water-use limit of 10 acre-feet per year to qualify for a permit exception.
    • Beginning January 1, 2026, a water user intending to develop water use through a permit exception must file a Notice of Intent with DNRC before using water from an exempt well.
    • DNRC reviews a correct and complete Notice of Intent within 10 business days; if eligible, it authorizes the Notice of Intent and gives the user five years to complete the project, put the water to use, and file a Notice of Completion.
    • If the proposed use is not eligible, the Notice of Intent is denied and the user is directed to the water-right permit process.
    • The Notice of Intent filing fee is $400.
    • An authorized Notice of Intent expires after five years, with an opportunity for one five-year extension.

    maximum flow rate: <= 35 gpm · maximum annual volume: <= 10 acre-feet per year · Notice of Intent fee: 400 USD (Beginning January 1, 2026) · Notice of Intent review period: 10 business days (For a correct and complete Notice of Intent) · authorized Notice of Intent term: 5 years (One five-year extension opportunity is available)

    “Permit Exceptions, a.k.a. Exempt Wells: Small groundwater developments that use 35 gpm or less and do not exceed 10 acre-feet per year are known as “exempt wells” and may qualify for an exception to the water permit process.”
    One more reviewed finding on this topic
    • Required — Surface-water uses and groundwater uses exceeding 35 gallons per minute or 10 acre-feet per year in Montana.
      “Water Permits: A water permit is required for all surface water use and groundwater uses over 35 gallons per minute (gpm) or 10 acre-feet per year.”
  • Agricultural exemptionConditional

    County zoning resolutions and rules adopted under MCA Title 76, ch. 2, part 2 as applied to agricultural resources

    • Applies to county zoning under part 2 (not expressly to municipal zoning).
    • Exceptions: 76-2-206, 82-4-431, 82-4-432 and subsection (2) of 76-2-209.
    • Protects use and development of agricultural resources by their owner; it is not a blanket exemption from all building or zoning requirements.
    “a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206, may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.”
    One more reviewed finding on this topic
    • Available (with conditions) — State building permits for farm and ranch buildings within the State's jurisdiction.
      “In the State's jurisdiction, state law exempts the following from the need to obtain state building permits: 1. farm and ranch buildings”
  • Shed and accessory-building permit exemptionConditional

    Private garages and private storage structures used only for the owner's own use, and farm or ranch buildings, within a county, city, or town: exempt from the state building code unless the local governing body makes it applicable

    • The exemption is from the state building code; it has no square-foot threshold in the statute (applies to such structures 'of any size').
    • Private garage or private storage structure must be used only for the owner's own use.
    • A county, city, or town legislative body may by ordinance or resolution make the state building code applicable to these structures, and then may enforce it.
    • Subsection (5) still applies state energy-conservation provisions to residential buildings, except farm and ranch buildings and private garages or storage structures attached to a residential building and used only for the owner's own use.
    • Residential buildings with fewer than five dwelling units are also excluded from state-enforced building code unless local body adopts it.
    • Current-codes page lists the 2024 IRC effective September 26, 2026; the statewide adopted-rule text I opened was a draft that does not itself state a 200 sq ft permit exemption, so no numeric IRC R105.2 threshold is claimed.
    • Local jurisdictions (certified city/county/town building programs) may apply the code and their own exemptions; not researched here.

    private garage or private storage structure size limit: any size (used only for the owner's own use)

    “the state building code, as defined in 50-60-203 (3), does not apply to: (a) residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building of any size, and any private garage or private storage structure of any size used only for the owner's own use, located within a county, city, or town, unless the local legislative body by ordinance or resolution makes the state building code applicable to these structures”
  • 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”
  • 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;”
    2 more reviewed findings on this topic
    • Limited — Dispersed and designated-campground temporary camping on legally accessible Montana state trust land administered by DNRC.
      “Dispersed camping is allowed on state trust land with the appropriate permit and with certain restrictions. Dispersed camping on state trust land is allowed with a Conservation License. Camping that is incidental to hunting or fishing is permitted through your conservation license, and no additional permitting is required. Group camping requires a special recreational use license. On leased or licensed land: 2 days On unleased/unlicensed land: 16 days within a 30-day period Within designated campground: 16 days within a 30-day period”
    • Limited — Dispersed and campground camping on legally accessible state trust land managed by DNRC
      “in a designated campground, the maximum stay is 16 days in a 30-day period.”
  • county zoning authorityGeneral

    Montana county boards of commissioners' authority to adopt zoning regulations, including in unincorporated portions of established jurisdictional areas.

    • The board of county commissioners must have adopted a growth policy pursuant to Title 76, chapter 1.
    • Zoning may be adopted for all or parts of the jurisdictional area in accordance with Title 76, chapter 2, part 2.
    • Within unincorporated portions of an established jurisdictional area, the board may establish zoning regulations by resolution or divide the county into zoning districts.
    • Zoning regulations may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures and the use of land.
    • An action challenging creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the board's order.
    • Regulations in one district may differ from those in other districts.
    • The statute also states that zoning regulations may not treat manufactured housing or factory-built housing units differently from other residential units, subject to the statutory presumption concerning placement.

    challenge period: 6 months (after the date of the board order creating the district or adopting the regulations)

    “For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.”
    One more reviewed finding on this topic
    • General — Montana county boards of commissioners adopting zoning regulations for all or parts of their jurisdictional areas, including unincorporated portions where the statutory prerequisites are met.
      “a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations”
  • county building authorityGeneral

    Montana counties may adopt and enforce building codes and require construction permits for residential construction in unincorporated county areas, subject to the statutory certification, geographic, code-content, and permit requirements.

    • A county may adopt a building code by ordinance or resolution, or authorize adoption by administrative action.
    • A county may adopt its building code on a countywide basis unless a city or town within the county has adopted a building code; the county may not enforce its county building code within that city or town.
    • The county code-enforcement program must be certified by the Montana Department of Labor and Industry.
    • The current adopted code, current fee list, and current enforcement plan must be filed with and approved by the Department.
    • Inspectors must satisfy the stated state-licensing or approved national-certification requirements.
    • Except for voluntary incentive-based energy-conservation standards, the county may not adopt or enforce a building code more stringent than the code adopted by the Department or required by state law.
    • The county may prohibit construction from commencing until the required permit is issued after compliance is shown.
    • The general construction-permit requirement applies to buildings subject to Title 50, chapter 60, parts 1 through 4.
    • State agency-owned buildings remain under state Department jurisdiction for plan review, permitting, and inspections.
    “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”
    One more reviewed finding on this topic
    • General — Montana counties' authority to adopt and enforce building codes and require building-code administration for construction in county areas, including unincorporated areas.
      “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Minimum dwelling size — Minimum dwelling size in applicable Title 17 zoning districts.
  • Minimum lot size — Minimum lot-size requirements in Silver Bow County.
  • Lot coverage — Lot coverage limits in Silver Bow County.
  • Building height — Building-height limits in Silver Bow County.

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.

Water rights & wells in Silver Bow County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from Montana’s water agency.

Actively managed

This basin is under active state management — new water use is scrutinized, though a domestic well is usually still allowed.

Household wellExempt up to a limit

Montana's exempt-well exception (85-2-306 MCA) was tightened after Upper Missouri Waterkeeper v. DNRC (2024), and from Jan 1, 2026 appropriators must file a Notice of Intent with DNRC before putting exempt groundwater to use.

Limit: 35 gpm or less AND ≤10 acre-ft/yr; a combined appropriation exceeding 10 acre-ft needs a permit regardless of flow rate

Montana DNRC — Water Rights Permit Exceptions (Exempt Wells) ↗

Prior-appropriation state (first in time, first in right). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the Montana state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Silver Bow County, Montana

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

Silver Bow County scores 68/100 on the Bolthole Index, a strong county profile. Its strengths: a stronger property-autonomy legal backdrop and manageable long-term carry cost.

How much does land cost in Silver Bow County, Montana?

Land in Silver Bow County runs about $2,572 per acre, based on the latest county data.

What is the water situation in Silver Bow County?

Silver Bow County gets about 18.1" of rain a year, with severe drought in roughly 17.2% of years. On water rights, Silver Bow County lies in the Butte Alluvial & Bedrock Controlled Groundwater Area — ~8.5 sq mi in/around Butte (Superfund/mining contamination); all new wells require a permit and water-quality controls..

How remote is Silver Bow County?

A representative private-land location has about 25,145 people within a 30-minute drive and 317,087 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Silver Bow compares in Montana