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

Town of Montana’s own rules

• Local zoningAbsent

  Land inside Montana town limits: the town has no zoning ordinance of its own and is not under county zoning.

  • Buffalo County's zoning page says the towns of Montana and Waumandee are not zoned, while all other county ordinances remain in effect; county sanitary, driveway and Uniform Dwelling Code requirements still apply.
  • The town's own home page says Montana is not part of county zoning and points residents to state, county and township requirements (UDC, fire call numbers, driveway permits, septic, wells).
  • The town's June 2026 zoning-rejection resolution file (reject-zoning-resolution.odt) is linked from the town site but could not be opened with the available reader; it was not relied on.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Zoning districtsNot published

  Land inside Montana town limits

  • No zoning districts exist because the town is not zoned; the county zoning-map page lists only other towns for district maps.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Minimum dwelling sizeNone

  Dwellings inside Montana town limits

  • No zoning, so no minimum dwelling size from zoning. The state UDC building code still governs construction.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Minimum lot sizeNone

  Single-family residential land inside Montana town limits (no main residential district exists because the town is not zoned)

  • No zoning district, so no minimum lot size from zoning.
  • Septic site-suitability and sanitary permit requirements still determine the usable lot in practice.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Lot coverageNone

  Land inside Montana town limits

  • No zoning, so no lot-coverage limit from zoning.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Building heightNone

  Buildings inside Montana town limits

  • No zoning, so no height limit from zoning.

  “the towns of montana and waumandee are not zoned; however all other county ordinances remain in effect.”

• Driveway accessRequired

  New construction requiring a driveway and address inside Montana town limits

  • State law and town ordinance require a driveway permit for new construction (town licenses page).
  • A driveway permit must be issued before an address is assigned; for a driveway on a town road, the town chairperson or supervisor is the contact.
  • A driveway may not exceed 12% grade under the county zoning ordinance as cited on the county new-home page; whether that grade limit applies in an unzoned town is unresolved.

  driveway grade maximum: <= 12 percent (county zoning ordinance cited; applicability in unzoned towns unresolved)

  “state law and town ordinance require a driveway permit for new construction.”

Rules another office applies inside Town of Montana

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

• Building permitRequired

  New homes and other structures used for sleeping or living inside Montana town limits

  • A state building permit under the Uniform Dwelling Code is applied for only after the sanitary and zoning permits are obtained.
  • Zoning permit step on the county list applies only if the county zoning steps reach unzoned towns; see followups.

  “the following items are required for the construction of a new home, or any other structure intended to serve as sleeping/living quarters: soil test driveway approval new address number sanitary permit zoning permit state building permit (uniform dwelling code)”

• InspectionsRequired

  New dwellings inside Montana town (a countywide Buffalo County contract for UDC inspection that applies within the town)

  • Buffalo County contracts with an inspector to complete the Uniform Dwelling Code inspection process.
  • The page does not name the inspector's scope inside the town; the county contract is the operative inspection arrangement shown.

  “the county contracts with justin steinmeyer to complete the uniform dwelling code inspection process.”

• Who permits septicCounty (with conditions)

  Private onsite wastewater treatment systems on land inside Montana town limits (county sanitary ordinance applies countywide, including the town)

  • Buffalo County's Zoning Department handles the sanitary permit under the county sanitary ordinance and state code SPS 383 and 387.
  • The town page lists septic among requirements imposed at the state, county and township level, without naming a town septic ordinance.

  “buffalo county sanitary ordinance section133.1 and sps 383 and 387, wisconsin administrative code requires that owners of private onsite wastewater treatment systems (powts) have their septic tank pumped by a licensed pumper / maintainer at least once every 36 months”

• Septic permitRequired

  New homes on private septic inside Montana town limits (countywide county sanitary permit that applies within the town)

  • A sanitary permit is applied for by the plumber and must be issued before a state building permit.
  • Soil test by a Wisconsin Certified Soil Tester is the first step.

  “since sanitary permits typically have the longest review process and are required prior to the issuance a state building permit, it is wise to get connected with a licensed plumber as soon as possible.”

• Septic inspectionRequired

  Owners of private onsite wastewater treatment systems inside Montana town limits (ongoing maintenance, not construction inspection)

  • Septic tank pumping by a licensed pumper or maintainer is due at least every 36 months unless inspection finds less than one-third of the tank volume occupied by sludge and/or scum.
  • The county runs a certification-of-inspection program in which the tank and drain field are inspected and certified.

  septic tank pumping interval: <= 36 months (unless upon inspection the tank is found to have less than 1/3 of the void volume occupied by sludge and/or scum)

  “buffalo county sanitary ordinance section133.1 and sps 383 and 387, wisconsin administrative code requires that owners of private onsite wastewater treatment systems (powts) have their septic tank pumped by a licensed pumper / maintainer at least once every 36 months, unless upon inspection the tank is found to have less than 1/3 of the void volume occupied by sludge and/or scum.”

• Well permitRequired

  Private wells for new construction inside Montana town limits (Wisconsin DNR permits wells statewide)

  • Wisconsin DNR issues the well permit; a licensed well driller obtains it for the project.

  “*note* wells are permitted by the wi dnr. a licensed well-driller will obtain the necessary permit for your project.”

• Permit processPublished (with conditions)

  New home permit sequence for land inside Montana town limits (county-published sequence)

  • Steps are soil test, driveway approval, address, sanitary permit, zoning permit and state UDC building permit, as listed by the county.
  • The county says permits are reviewed within 30 days of a complete application; zoning review is typically 1-2 weeks.
  • The zoning-permit step conflicts with the no-zoning statement for the town and is unresolved.

  “the following items are required for the construction of a new home, or any other structure intended to serve as sleeping/living quarters: soil test driveway approval new address number sanitary permit zoning permit state building permit (uniform dwelling code)”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction of a home inside Montana town limits
• Certificate of occupancy — Occupancy certificate for a new home inside Montana town limits
• Mandatory utility hookup — Connection of a new home inside Montana town limits to public water or sewer
• Agricultural exemption — Agricultural exemption from building or zoning rules inside Montana town limits
• Subdividing land — Land division inside Montana town limits

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.