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

Toole County's certified building-code program covers commercial projects only¹. The county's commercial jurisdiction does not extend into a city or town with its own adopted building code, and the available sources do not provide a complete project-by-project county permit list or fee schedule¹. Under Montana's state jurisdiction, residential buildings with fewer than five dwelling units are exempt from the state building permit unless they serve transient guests². Farm and ranch buildings, qualifying private garages and storage buildings, and certain industrial buildings are also exempt from the state permit². Inside Shelby, the city runs its own building-code program and requires building and zoning permits for construction within city limits^1,3. Shelby's rules do not move septic permits: Toole County Environmental Health still issues those for city and rural addresses alike⁴. The state exemption covers the state building permit only; a local government may still require a permit by ordinance². An owner may work on the owner's property under Montana's contractor-licensing exemption, but that exemption does not waive any otherwise applicable permit, inspection or building-code requirement⁶.

For commercial building permits, Toole County Environmental Health performs plan reviews and inspections of new buildings under the county's commercial building program⁴. For septic permits and other environmental-health matters, contact Toole County Environmental Health at its Shelby office⁴. For building permits outside Shelby, Montana's Building Codes Program handles applicable non-exempt projects outside the county's commercial-only scope and performs inspections for projects requiring a state permit¹⁰. Inspection requirements depend on the project and applicable code¹⁰. For a new approach or driveway crossing a Toole County road, the road access permit comes from the Toole County Commissioners, and proof of insurance must be on file there before an application is valid¹¹.

A Montana state hazard-mitigation plan lists a zoning code or ordinance for Toole County, but it gives no ordinance number or text, and the county regulations we found are subdivision rules, not zoning⁵. We could not confirm the county's districts, map or parcel standards, so ask the Commissioners before relying on a proposed use in an unincorporated area. Zoning inside Shelby is separate and set by the city's Board of Adjustments and Zoning Commission³. The city page does not publish Shelby's parcel-specific standards³. Toole County does regulate subdivisions and examines final plats subject to its subdivision rules⁹. Where zoning does not establish a minimum lot size, the county's subdivision regulations call for consultation with local and state health authorities rather than supplying one fixed countywide number⁹. A subdivision may also be required to show a 25-foot landscape buffer on the final plat when the governing body requires that buffer to protect public health and safety⁹. We could not confirm general countywide setbacks, lot coverage, building height or minimum dwelling size; ask the Commissioners and Environmental Health Department about the parcel and proposal.

Septic systems in Toole County are administered by the county's Environmental Health Department, which lists septic systems among its responsibilities⁴. Statewide, Montana's drainfield-permit rule reaches even a property that already has a Certificate of Subdivision Approval: a COSA does not replace the separate drainfield permit required from the local health department^12,13. Soils are a real constraint here: only 11.2% of Toole County's soils are free of severe limits for a conventional drain field, so get a site evaluation from the Environmental Health Department before you count on a standard system⁷. If you're not on a public water supply, you'll also need to sort out your well: Montana requires a water-use permit for new or expanded groundwater use, though an exempt well can skip it if your combined appropriation stays at or under 10 acre-feet a year, and starting January 1, 2026 you must file a $400 Notice of Intent with DNRC before using that exempt well¹⁴.

We could not confirm a Toole County rule allowing long-term RV occupancy on private land, so ask the Commissioners and Environmental Health Department before treating an RV as a residence. On Montana state trust land, RV or trailer camping requires a Conservation License and must stay within 50 feet of a customary access point; stays are limited to 2 days on leased or licensed land and 16 days within a 30-day period on unleased or unlicensed land or in a designated campground¹⁵. Those state-trust-land rules do not establish permission for RV occupancy on private or county-administered land¹⁵. A factory-built tiny house of 400 square feet or less, excluding lofts, must be on a permanent foundation and used as a single-family dwelling to fall under Montana's Appendix Q BB rule⁸. Countywide zoning and a county-specific tiny-home occupancy rule could not be confirmed; Shelby's municipal zoning applies inside that city³.

1. Ask the Commissioners whether county zoning or subdivision review applies; contact Shelby about zoning and building rules for a parcel inside city limits^3,9.
2. Confirm the permit path: Toole County's certified program is commercial only, while a home with fewer than five units is exempt from the state building permit unless it serves transient guests^1,2.
3. Have Toole County Environmental Health evaluate the site and issue the required drainfield permit^4,12.
4. Ask the local floodplain administrator whether the site lies in a designated Special Flood Hazard Area and obtain a permit before covered development there¹⁶.
5. Apply to the Commissioners before building an approach onto a county road; starting first triggers a $250 fee^11,17.
6. If the parcel needs a well, determine the applicable water-right path and file the required DNRC notice before using an exempt well¹⁴.

Toole County gets 12.8 inches of precipitation a year, spends 15.4% of years in severe drought and is 0.9% wooded, so verify a dependable water source and plan for exposure⁷. Only 11.2% of county soils are free of severe limits for a conventional drain field, making a septic evaluation important before purchase⁷. Ask whether the parcel is in a designated Special Flood Hazard Area because fill, excavation, roads, culverts, manufactured homes and building work there require a floodplain permit¹⁶. If you plan to divide land, budget for county subdivision review: the published schedule includes a $400 pre-application fee, non-refundable review fees and possible consulting charges¹⁸. A state-highway driveway needs an MDT approach permit or right-of-way agreement, while a county-road approach goes through the Commissioners^17,19.