In Treasure County, Montana, a single-family home generally does not need a state building permit unless it lies within a local jurisdiction that requires one; covered larger or commercial projects may need a state permit1. Treasure County's countywide zoning is absent, but the Town of Hysham is a separate jurisdiction2. A local health department drainfield permit is still required for septic work even when the property has state subdivision sanitation approval3.
At a glance
- Building permit
- A single-family home generally does not need a state permit unless a local jurisdiction requires one; covered larger or commercial work may need a state permit1
- Zoning
- Countywide zoning is absent; Hysham and Crow Tribe lands may have separate authority2
- Septic permits
- County Sanitarian / Environmental Health, delegated by Montana DEQ4
- Owner-builder
- Exempt from Montana contractor licensing when working on your own property, subject to conditions56
- Well / water permit
- Beneficial Water Use Permit generally required over 35 gpm or 10 acre-feet/year; smaller exempt wells need a Notice of Intent starting 20267
- Floodplain development
- Permit required in a mapped Special Flood Hazard Area from the county Floodplain Administrator8
- Land-division filing fees
- $25 plus per-lot charges to file a plat or certificate of survey; a $400 engineer review fee applies to divisions under 76-3-207(4)9
- State building code
- Montana's code applies statewide; the state handles areas without a certified local program10
Who to call
Floodplain permits
Treasure County Floodplain Administrator (Courthouse)
Floodplain development permits for new development within a designated Special Flood Hazard Area in Treasure County; Montana DNRC lists a local floodplain administrator for the county at this courthouse address and phone number
307 Rapelje Ave, Hysham, MT 59038
Septic permits
Treasure County Sanitarian / Environmental Health
Drainfield (septic) permits for Treasure County, delegated by Montana DEQ; the local health department issues this permit even when DEQ has already approved subdivision sanitation through a Certificate of Subdivision Approval (COSA)
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 Treasure County, Montana?
A single-family residence in Treasure County generally does not need a Montana state building permit unless it is inside a local jurisdiction that requires one by ordinance or resolution1. Montana requires a state building permit before covered construction, remodeling, moving, or a change of occupancy in areas under state jurisdiction, while exempting farm and ranch buildings, owner-use garages and storage buildings, and residential buildings with fewer than five dwelling units unless they serve transient guests1. Areas without a certified local building-code program remain under the State Building Codes Bureau10. Separate electrical, plumbing, or mechanical permits may still apply, and a required building permit must issue before those permits or their work can begin1. Montana contractor-licensing law allows an owner to work on the owner's own property, but that exemption does not erase applicable trade or building permits and is limited when the owner builds for prompt resale6.
Who handles floodplain and septic permits in Treasure County?
Treasure County's Floodplain Administrator works out of the courthouse in Hysham, at 307 Rapelje Ave, Hysham, MT 59038, phone (406) 342-554711. That office issues the floodplain development permit required for new construction, fill, or manufactured-home placement inside a mapped Special Flood Hazard Area118. Septic systems follow a separate track: the local health department issues the drainfield permit even when Montana DEQ has already issued a Certificate of Subdivision Approval1213. To reach the County Sanitarian / Environmental Health office, start with the Treasure County courthouse at (406) 342-554711.
Does Treasure County have zoning?
Treasure County's countywide zoning is absent: the county Growth Policy is non-regulatory and discusses zoning as a possible future action rather than a currently adopted county ordinance2. Montana law allows a county with an adopted growth policy to adopt zoning regulations, but the growth policy itself is not zoning142. The Town of Hysham is a separate jurisdiction, and Crow Tribe lands may also fall under separate authority, so the countywide answer does not settle the rules in either place2. Treasure County has not confirmed a numeric minimum dwelling size, minimum lot size, general building setback, lot-coverage limit, building-height limit, or private-land RV and tiny-home occupancy rule. Ask the county courthouse about the parcel and contact Hysham directly for land in or near town.
How do septic and well permits work in Treasure County?
Montana law requires a drainfield permit from the local health department for any new septic system, even on a property that already has a Certificate of Subdivision Approval from the state15. In Treasure County, the County Sanitarian / Environmental Health office is that local authority, issuing the drainfield permit regardless of any state-level sanitation approval already on file1613. Soils here make that more than paperwork: only 12.9% of the county's land is free of severe limitations for a conventional drain field, so budget for a site evaluation and likely an engineered or alternative system17. If your land needs more than a small domestic well, Montana generally requires a Beneficial Water Use Permit for groundwater use over 35 gallons per minute or 10 acre-feet a year; smaller 'exempt' wells at or under that threshold still need a Notice of Intent filed with the state water agency before use, with a $400 filing fee under the current process7. If you're dividing land and want to use Montana's agricultural exemption from full subdivision review, the divided parcel generally needs a covenant restricting its use exclusively to agriculture, on top of a certificate of survey and proof that taxes are paid18.
Can you live in an RV or tiny home on your land in Treasure County?
Treasure County has not confirmed whether long-term occupancy of an RV or a stand-alone tiny home is allowed on private unincorporated land. The absence of countywide zoning does not by itself answer sanitation, floodplain, subdivision, or occupancy questions2. Montana's published RV limits for state trust land apply only to that public land, not to private acreage: RVs must remain within 50 feet of a customary access point, with stays limited to 2 days on leased trust land or 16 days within a 30-day period on unleased trust land or in a designated campground19. Ask the Treasure County courthouse about private-land occupancy before buying or moving an RV or tiny home onto a parcel, and contact Hysham separately for property within or near town.
What are the steps to build a home in Treasure County?
- Ask whether the parcel is under state building-code jurisdiction or a separate local jurisdiction, then confirm whether the project is exempt; a single-family residence generally does not need a state building permit unless a local jurisdiction requires one1.
- For covered work, submit plans and the state Building Permit/Plan Review Application; the additional plan-review charge is 35 percent of the building-permit fee2021.
- Obtain the local health department's drainfield permit before septic installation, even if the parcel already has state subdivision sanitation approval13.
- Address water rights before using groundwater; uses over 35 gallons per minute or 10 acre-feet per year require a permit, while a qualifying smaller well requires a Notice of Intent7.
- Ask the Floodplain Administrator whether the site is in a designated Special Flood Hazard Area and obtain a development permit when required8.
- For access onto a state highway, obtain an MDT approach permit or right-of-way agreement before construction22.
What should you check before buying land in Treasure County?
Water and soils are the headline concern here: annual precipitation runs just 15.1 inches a year, with severe drought hitting 12.5% of years, and only 12.9% of the county's soils are free of severe septic limitations, so a reliable well and a well-designed septic system both deserve real budget232417. Land is a mix of terrain, with 55.6% at 15% slope or less and only 12.6% forested, so expect open range and cropland more than woods on most parcels2526. Zoning status is unconfirmed at the parcel level even though the county has no adopted ordinance, so before you buy, ask the county directly whether your specific parcel, or the nearby Town of Hysham, is subject to any zoning, subdivision or floodplain rule27. If the tract you're buying was recently split from a larger parcel, confirm whether it needed a certificate of survey or subdivision plat, and whether it qualified for Montana's agricultural-use exemption from full subdivision review18. Property tax runs low here: about 0.6% effective, with a median bill near $1,326 a year, against a typical home value around $245,565282930.
Watch-outs
- Treasure County has not confirmed minimum lot size, setbacks, or private-land RV, tiny-home, and manufactured-home occupancy rules; call the county courthouse at (406) 342-5547 before assuming either way11.
- The Town of Hysham is a separate jurisdiction inside Treasure County; confirm directly with Hysham if your land is in or near town2.
- Montana's state building-permit exemptions for farm buildings, personal garages and small residential buildings don't cover every project; a larger or commercial building, or one serving transient guests, may still need a state permit even though the county has none31.
Sources
- Building Permits, quoted and re-checked
- Treasure County Growth Policy 2023, quoted and re-checked
- Engineering Infrastructure & Subdivisions, quoted and re-checked
- Engineering Infrastructure & Subdivisions (2026 county census)
- MCA — Construction Contractors, Chapter 45 (2026 county census)
- MCA — Construction Contractors, Chapter 45, quoted and re-checked
- Exempt Well Updates and Information, quoted and re-checked
- Stream Permitting, quoted and re-checked
- Recording and Filing Fees, quoted and re-checked
- Montana Building Codes Program, quoted and re-checked
- Treasure County Floodplain Administrator (Courthouse) (treasurecountymt.gov)
- Engineering Infrastructure & Subdivisions, quoted and re-checked
- Engineering Infrastructure & Subdivisions, quoted and re-checked
- 76-2-201. County zoning authorized, MCA (Montana statewide rule), quoted and re-checked
- Engineering Infrastructure & Subdivisions (Montana statewide rule), quoted and re-checked
- Treasure County Sanitarian / Environmental Health (deq.mt.gov)
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- Subdivisions, quoted and re-checked
- Camping, quoted and re-checked
- Building Permits (Montana statewide rule), quoted and re-checked
- Frequently Asked Questions (Montana statewide rule), quoted and re-checked
- Approach Manual for Landowners and Developers, quoted and re-checked
- Annual precipitation: Bolthole Index county data
- Share of years in severe drought: Bolthole Index county data
- Share of land at 15% slope or less: Bolthole Index county data
- Wooded share of land: Bolthole Index county data
- Treasure County Growth Policy 2023, quoted and re-checked
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
- Typical home value (Zillow): Bolthole Index county data
- Building Permits (Montana statewide rule), quoted and re-checked
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.