Building permits, zoning and land rules in Montgomery County, Kansas
63Index Score / 100 #11 of 105 in Kansas
Unincorporated Montgomery County, Kansas requires a $75 zoning construction permit before a structure or preliminary land improvement begins inside the county zoning jurisdiction, which the official zoning map defines12. Zoning and that construction permit come from Montgomery County Environmental Health & Zoning3. Septic permits and inspections are separate and also run by the same office under the County Sanitation Code4.
At a glance
Building permit
Construction permit required in the county zoning jurisdiction1
Zoning
Applies within the jurisdiction shown on the official zoning map5
Septic
County permit and inspection through Environmental Health & Zoning; sale or lease of parcels under 25 acres triggers a mandatory inspection46
RV / tiny home living
RV-park stays are temporary; private-parcel RV living is unconfirmed7
Minimum lot size
A-1 agricultural lots need 3 acres; sewered residential districts start at 10,000 sq ft in R-189
Water well
County permit required for a new individual onsite well10
Owner-builder exemption
No county permit exemption confirmed; state roofing exemption is narrow11
Setbacks
At least 25 feet from a public road right-of-way and 8 feet on the sides12
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Do you need a building permit in Montgomery County, Kansas?
Montgomery County requires a construction permit from the Zoning Administrator before construction of a structure or preliminary improvement of land begins within the county zoning jurisdiction1. The jurisdiction is the area adopted by the county governing body and shown on the official zoning district map; the county's current permit page describes it as a three-mile zoning area5. The permit costs $75, must satisfy the zoning regulations, and is normally issued or refused within five days unless the applicant agrees to more time213. County inspections cover compliance of buildings, structures and land uses with zoning rules, but the reviewed county material does not establish a general building-code inspection program14. We could not confirm an adopted county building code or a certificate-of-occupancy requirement; ask Environmental Health & Zoning what review the particular parcel and project require3.
Who handles Montgomery County building and land-use permits?
Montgomery County Environmental Health & Zoning is the first call for construction permits, zoning, land divisions and septic questions34. A permit application identifies the proposed use, zoning, floodplain status, utility availability and wastewater needs; the Zoning Administrator may issue the permit only when the zoning requirements are met13. In residential, business and industrial districts listed by the county, the applicant must provide written proof that electrical, water and sewage service are available before a construction permit can issue15. Dividing land is a separate process: a subdivision application goes to the Zoning Administrator with 20 preliminary-plat copies and a fee of $100 per lot, capped at $500 per subdivision16. For a rural address, GIS Mapping requires a clear driveway from the county road to the parcel edge1718. Public Works handles county-road entrance requests, while a connection to a state highway requires a state permit1920.
Does Montgomery County, Kansas have zoning?
Montgomery County has 11 zoning districts within the jurisdiction shown on its official zoning maps, including agricultural, residential, commercial, industrial and public-use districts2122. The map—not a blanket countywide assumption—determines whether county zoning applies to a parcel5. Dimensional rules then depend on the district and utility service: where public sewer serves residential land, published minimum lot sizes are 10,000 square feet in R-1 and 8,000 square feet in R-2, with separate R-3 standards9. In A-1 agricultural districts the minimum lot area is 3 acres, with an exception for a separately owned smaller lot that existed when the rule was adopted8. Structures must sit at least 25 feet from a public road right-of-way, side yards must be at least 8 feet, and a rear yard abutting another owner must also be at least 8 feet1223. Several districts cap habitable structures at 35 feet, with district-specific FAA rules also applicable in some places2425. The A-1 district does not regulate or restrict agricultural uses, but that language is not a blanket exemption from every permit or law26.
How do septic and well permits work in Montgomery County?
Montgomery County Environmental Health & Zoning administers individual onsite wastewater systems, including septic systems and lagoons, under the County Sanitation Code427. The county publishes a $150 wastewater inspection fee; ask the office when payment is due and what installation charges apply227. A mandatory onsite wastewater inspection applies to a property under 25 acres in a sale, lease or rental transaction where an individual system serves the home, so build the inspection into a purchase timeline6. Kansas minimum standards allow an approved septic system, wastewater pond or alternative system when public sewer is unavailable, but prohibit seepage pits, cesspools, dry wells and surface discharge2829. Soil planning matters in Montgomery County because 0% of mapped soils are rated free of severe limitations for a conventional drain field, so complete the site evaluation before fixing a house location30. A new individual onsite water well also requires a county permit, with a published $50 drilling-permit fee1031. Montgomery County does not provide water service; rural water districts serve different parts of the county3219.
Can you live in an RV or tiny home in Montgomery County?
Montgomery County's RV rules address temporary occupancy in regulated RV parks, from overnight stays to destination stays measured in days or weeks; they do not establish a right to live long-term in an RV on a private parcel733. Tent rules likewise apply inside regulated RV parks: one tent is allowed per rental space, while group camping needs water, nearby restrooms and adequate off-street parking3435. Ask Environmental Health & Zoning directly about an RV used while building or as a residence on private land3. Tiny homes are not expressly addressed, and we could not confirm a minimum dwelling floor area or an accessory-dwelling rule. Mobile homes with ground anchors, tie-downs and proper skirting are identified as single-family homes in A-1, while R-4 contains separate manufactured-home park standards3637. Any occupied setup still needs an approved wastewater solution28.
Building a home in Montgomery County: the steps, in order
Ask Environmental Health & Zoning to locate the parcel on the official zoning map and identify its district35.
Confirm the district's allowed use, lot size, setbacks and height before placing the house92325.
Apply for the $75 construction permit before construction or preliminary land improvement; the normal decision period is five days unless more time is agreed1132.
Provide written utility-availability proof when building in one of the listed residential, business or industrial districts15.
Start the septic or lagoon process with Environmental Health & Zoning and arrange the inspection427.
Coordinate the road entrance with Public Works, then obtain the rural address from GIS Mapping after the driveway is clear1917.
What should you check before buying land in Montgomery County?
Start with jurisdiction: have Environmental Health & Zoning verify the parcel against the official zoning map, identify the district and check the floodplain answer requested on the land-use application53. If the purchase involves a split, confirm the subdivision process before relying on a proposed parcel layout; a tract or lot split cannot be approved if it leaves less than 50 feet of street frontage, and division of a tract of 20 acres or more only for agricultural purposes, with no new dwelling or new street, is outside the land division regulations383916. Test septic feasibility early because 0% of mapped county soils are rated free of severe limits for a conventional drain field30. Montgomery County does not provide water service, and rural water districts serve different areas, so obtain written service availability before assuming a connection is possible3219. The county receives about 42.4 inches of precipitation annually, while severe drought occurs in about 22.8% of years4041. Typical farmland value is about $2,685 per acre, the effective property-tax rate is about 1.7%, and the median property-tax bill is about $1,562 per year424344.
Watch-outs
The official zoning map controls where Montgomery County zoning applies; do not assume every unincorporated parcel has the same rules5.
Montgomery County's RV and tent provisions govern temporary stays in regulated RV parks, not long-term private-parcel RV living734.
A county building code, certificate-of-occupancy rule, tiny-home rule and owner-builder permit exemption could not be confirmed; ask Environmental Health & Zoning before committing to a design3.
Septic inspection is mandatory for a sale, lease or rental of a property under 25 acres that uses an individual wastewater system, so ask Environmental Health & Zoning about timing before closing6.
Written October 9, 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.
Montgomery County highlighted among the Kansas counties · colored by Index score
How Montgomery County scores
Seclusion61100% ev.
Self-Sufficiency60100% ev.
Admin Boringness5790% ev.
Durability38100% ev.
Property Autonomy47100% ev.
Carry Cost75100% 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 →
$104kTypical home
1.7%Property tax
$2,685Land / acre
42.4"Annual rain
22.8% of yrsSevere drought
25.7 / yr (+18.5)Mid-century 100°F days
20.6 daysMid-century dry spell
2.26" (+8%)Mid-century 1-day rain
1.48×Wildfire change factor
100%Forward climate coverage
$2,238Home insurance / yr
1.6% / yrInsurance growth
1.12%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
20,356People within 30 min
1,793,473People within 2 hr
23,480Radius comparison (15 mi)
47.5People / sq mi
0.8%Federal land
96.2%Land at 15% slope or less
0%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Montgomery County
Inside a city, town or township here, that government usually sets zoning and may issue its own building permits; the county’s rules above cover land outside them.
Not yet researched: Caney · Caney Township · Cherokee Township · Cherry Township · Cherryvale · Dearing · Drum Creek Township · Elk City · Fawn Creek Township · Havana · Independence Township · Liberty · Liberty Township · Louisburg Township · Parker Township · Rutland Township · Sycamore Township · Tyro · West Cherry Township
Answers from the rulebook for Montgomery County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Montgomery County rules
Building permitLimited
Construction of structures and preliminary land improvements within the county zoning jurisdiction.
A construction permit must be obtained from the Office of the Zoning Administrator before construction or preliminary land improvement begins.
Written proof of electrical, water, and sewage service availability is required before issuance in R-1, R-2, R-3, R-4, B-1, B-2, I-1, and I-2 districts.
The permit is issued or refused within five days unless the applicant agrees to a longer period.
The permit becomes void one year after issuance unless construction or use begins.
issuance decision period: 5 days (unless a longer period is agreed to by the applicant) · permit validity: 1 year (unless construction or use begins)
“Unless a construction permit shall first have been obtained from the Office of the Zoning Administrator: (1) The construction of any structure shall not be commenced and; (2) The improvement of land preliminary to any use of such land shall not be commenced.”
One more reviewed finding on this topic
Limited — Construction and preliminary land improvement subject to Montgomery County zoning regulations.
“Unless a construction permit shall first have been obtained from the Office of the Zoning Administrator: (1) The construction of any structure shall not be commenced and; (2) The improvement of land preliminary to any use of such land shall not be commenced.”
InspectionsLimited
Inspections for compliance with Montgomery County zoning regulations.
The Zoning Administrator conducts inspections of buildings, structures, and land uses for zoning compliance.
The source does not establish a general building-code inspection program.
“Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of the zoning regulations.”
One more reviewed finding on this topic
Limited — Inspections for buildings, structures, and land uses for compliance with county zoning regulations.
“Conduct inspections of buildings, structures and uses of land to determine compliance”
County-wide zoningPresent (with conditions)
Structures and land within the Montgomery County zoning jurisdiction shown on the official zoning district map.
The zoning regulations apply only to the jurisdictional area determined by the governing body; the official zoning district map controls the area.
The Land Use Permit page identifies a three-mile zoning area for current zoning compliance determinations.
“The provisions of these regulations shall apply to all structures and land in the area of Montgomery county Kansas so determined by the governing body of Montgomery County, Kansas. The jurisdictional area shall be shown on the Official Zoning District Map.”
Local zoningPresent (with conditions)
Structures, land uses, and land within the Montgomery County zoning jurisdiction, identified by the county land-use permit page as the three-mile zoning area of Montgomery County.
The zoning regulations apply only within the jurisdictional area determined by the Montgomery County governing body; that area is shown on the Official Zoning District Map.
The county land-use permit is used to determine compliance with current zoning regulations within the three-mile zoning area.
A $75 fee is charged to process the Land Use Permit.
The zoning regulations establish eleven districts: A-1 Agricultural; R-1 Residential-Low Density; R-2 Residential-Medium Density; R-3 Residential-High Density; R-4 Mobile Home Park; B-1 Business-Highway Service; B-2 Business-General; B-3 Business-Undeveloped Land; I-1 Industrial-Light; I-2 Industrial-Heavy; and P-1 Public Use.
No building, structure, or land may be used or occupied, and no building or structure may be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the zoning regulations, subject to stated exemptions.
zoning jurisdiction: three-mile zoning area (The zoning regulations' jurisdictional area is determined by the governing body and shown on the Official Zoning District Map.) · land use permit processing fee: 75 USD · zoning districts: 11 districts
“The intent of this form is to determine that the proposed land use described will be in compliance with current zoning regulations enforced for the area that is within the three-mile zoning area of Montgomery County. There is a $75 fee to process the Land Use Permit.”
Zoning districtsPublished (with conditions)
The county zoning jurisdiction and its official zoning district map.
The regulations identify eleven zoning districts: A-1, R-1, R-2, R-3, R-4, B-1, B-2, B-3, I-1, I-2, and P-1.
District boundaries are shown on official zoning district maps filed with the County Clerk.
The zoning jurisdiction is limited to the area determined by the governing body.
number of zoning districts: 11
“The jurisdictional area is hereby divided into eleven (11) zoning districts which are designated as follows:”
One more reviewed finding on this topic
Published (with conditions) — The Montgomery County zoning area and its published zoning districts.
“The jurisdictional area is hereby divided into eleven (11) zoning districts which are designated as follows:”
Minimum lot sizeSpecified
Lots in Montgomery County zoning districts.
A-1 minimum lot area is 3 acres, with an exception for a separately owned sub-three-acre lot existing on the effective date of adoption.
R-1 minimum lot area follows the Sanitary Code unless served by public sewer, when it is 10,000 square feet.
R-2 minimum lot area follows the Sanitary Code unless served by public sewer, when it is 8,000 square feet.
R-3 public-sewer minimums are 6,000 square feet for single-family, 3,000 square feet per two-family dwelling unit, and 1,500 square feet per multifamily dwelling unit or 6,000 square feet, whichever is greater.
Other districts defer to the Sanitary Code, public-sewer service, or other government regulations as stated in the source.
A-1 minimum lot area: 3 acres (separately owned sub-three-acre lot existing on the effective date of adoption) · R-1 public-sewer minimum lot area: 10000 square feet · R-2 public-sewer minimum lot area: 8000 square feet · R-3 single-family public-sewer minimum lot area: 6000 square feet · R-3 two-family public-sewer minimum lot area: 3000 square feet per dwelling unit · R-3 multifamily public-sewer minimum lot area: 1,500 sq. ft. per dwelling unit or 6,000 sq. ft., whichever is greater · I-1 otherwise minimum lot area: 6000 square feet (unless governed by the Sanitary Code or public sewer) · I-2 otherwise minimum lot area: 10000 square feet (unless governed by the Sanitary Code or public sewer)
“Minimum lot area: 3 acres. Exception: If a lot of less than 3 acres is under separate ownership on the effective date of the adoption of these regulations, the erection of a single family dwelling shall not be prohibited.”
One more reviewed finding on this topic
Specified — Lots in Montgomery County residential zoning districts.
“If it is serviced by a public sewer system, the minimum lot sizes are as follows: Single-family- 6,000 sq. feet. Two-family- 3,000 sq. feet per dwelling unit. Multi-family- 1,500 sq. feet per dwelling unit or 6,000 sq. feet, whichever is greater.”
SetbacksSpecified
Structures and lots regulated by the county zoning regulations.
All structures must be at least 25 feet from the right-of-way of a public roadway or street.
Side yards must be at least 8 feet.
Rear yards must be at least 8 feet when the structure abuts property of another ownership.
Double-frontage lots must maintain the required front setback along both frontages.
front setback from public roadway right-of-way: >= 25 feet · side yard: >= 8 feet · rear yard when abutting another ownership: >= 8 feet
“All structures shall be constructed at least 25 feet from the right-of-way of a public roadway or street.”
One more reviewed finding on this topic
Specified — Structures and RV spaces governed by Montgomery County zoning regulations.
“All structures shall have rear yards of at least 8 (eight) feet if the structure abuts property of another ownership.”
Building heightSpecified
Structures in county zoning districts.
A-1, R-1, R-2, R-3, R-4, B-1, and B-2 generally limit habitable structure height to 35 feet.
A-1, I-1, I-2, and P-1 also reference FAA Part 77 requirements for maximum structure height.
B-3 height is not applicable.
maximum habitable structure height: 35 feet (district-specific FAA Part 77 requirements may also apply)
“Maximum structure height regulations shall comply with F.A.A. FEDERAL AVIATION REGULATION (PART 77- OBJECTS AFFECTING NAVIGABLE AIRSPACE). Habitable structures- maximum 35 feet.”
One more reviewed finding on this topic
Specified — Habitable structures in Montgomery County zoning districts where the district regulations specify a maximum height.
“Height Regulations: Maximum structure height regulations shall comply with F.A.A. FEDERAL AVIATION REGULATION (PART 77- OBJECTS AFFECTING NAVIGABLE AIRSPACE). Habitable structures- maximum 35 feet.”
Living in an RVLimited
RV and travel-trailer occupancy in county RV parks.
RV parks are temporary-occupancy facilities.
An RV park may be established only in districts where permitted by the Montgomery County Land Usage Grid.
The minimum park area is five acres.
Spaces with hookups require at least 1,500 square feet; spaces without hookups require at least 900 square feet.
At least 80 percent of spaces must have water, sewer, and electricity hookups.
Planning Commission review and Governing Body approval are required.
“Such regulations are to assure reasonable standards for the development of facilities for the occupancy of RV’s and travel trailers on a temporary basis, ranging from short overnight stays to longer destination-type stays of days to weeks.”
One more reviewed finding on this topic
Limited — Occupancy of recreational vehicles and travel trailers in county-regulated RV parks.
“Such regulations are to assure reasonable standards for the development of facilities for the occupancy of RV’s and travel trailers on a temporary basis, ranging from short overnight stays to longer destination-type stays of days to weeks.”
Camping on your landLimited
Tent and group camping in county-regulated RV parks.
One tent per rental space is permitted.
Group tent camping requires more than one water outlet, restroom facilities within 300 feet, and adequate off-street parking.
Tents are prohibited in designated open-space areas.
restroom distance for group camping: < 300 feet (group camping also requires more than one water outlet and adequate off-street parking)
“Tents shall be permitted and limited to one tent per rental space. Group tent camping may be established, but only in the event that the area is served by: (1) More than one water outlet; (2) Restroom facilities within three hundred feet (300’) from the designated group camping site; and (3) Adequate off street parking spaces.”
One more reviewed finding on this topic
Limited — Temporary camping in regulated RV parks.
“Tents shall be permitted and limited to one tent per rental space. Group tent camping may be established, but only in the event that the area is served by: (1) More than one water outlet; (2) Restroom facilities within three hundred feet (300’) from the designated group camping site; and (3) Adequate off street parking spaces. In addition, no tents shall be permitted or allowed in any designated open space area(s).”
Manufactured homesLimited
Manufactured homes in A-1 agricultural areas and R-4 manufactured-home parks.
A-1 permits single-family homes including mobile homes with ground anchors, tie-downs, and proper skirting.
R-4 is a manufactured-home park district with maximum density of six manufactured homes per gross acre, 4,000-square-foot spaces, 40-foot space width, separation requirements, public water, sanitary-code-compliant sewer, tie-downs, and other design standards.
R-4 park plans require Planning Commission review and Governing Body final action before occupancy.
R-4 maximum density: 6 manufactured homes per gross acre · R-4 minimum space area: 4000 square feet · R-4 minimum space width: 40 feet
“Generally, farming and ranching operations, single family homes (including mobile homes with ground anchors, tie-downs and proper skirting), and other uses that are geared toward the rural/agricultural lifestyle.”
One more reviewed finding on this topic
Limited — Manufactured-home parks in the county R-4 Mobile Home Park Residential District.
“It is the intent of this district to provide medium density manufactured home park development which is compatible with the character of the surrounding neighborhood in which it is located. Manufactured home parks are considered as a residential use and should be located in areas where services and amenities are available such as those found in conventional residential areas.”
Who permits septicCounty
Individual onsite wastewater systems, including septic systems and lagoons, in Montgomery County.
The county administers a County Sanitation Code through Environmental Health.
The county code has been amended over time.
“They manage the County Sanitation Code, which is essential for public health and helps enforce environmental regulations, which go a long way in protecting our natural resources.”
One more reviewed finding on this topic
County — Individual onsite wastewater systems, including septic and lagoon systems, in Montgomery County.
“They manage the County Sanitation Code, which is essential for public health and helps enforce environmental regulations, which go a long way in protecting our natural resources.”
Septic inspectionLimited
Properties in Montgomery County with an individual onsite wastewater system that are involved in a prospective sale, lease, or rental transaction
The property must be less than 25 acres.
The transaction must be a prospective sale, lease, or rental transaction.
An individual onsite wastewater system must be developed or utilized for domestic sewage disposal.
An applicable fee is required.
property acreage threshold: < 25 acres (The source states the mandatory inspection applies to properties less than 25 acres.) · existing onsite wastewater facility inspection and/or repairs fee: 150 USD
“mandatory inspection of any properties less than 25 acres engaged in a prospective sale, lease”
One more reviewed finding on this topic
Limited — Properties in Montgomery County that are less than 25 acres and are involved in a prospective sale, lease, or rental transaction where an individual onsite wastewater system is to be developed or used for domestic sewage disposal.
“Later reversionary forms of the code addressed licensure for contractual services rendered on individual disposal systems, alternative designs for addressing limiting site characteristics, nuisance abatement, and the mandatory inspection of any properties less than 25 acres engaged in a prospective sale, lease, or rental transaction for which an individual onsite wastewater system is to be developed or utilized for domestic sewage disposal.”
Well permitRequired
Construction of new individual onsite water wells.
The county sanitary code amended in 1993 addressed construction, reconstruction, or abandonment of individual water wells.
The official summary states that permitting procedures apply to any proposal for construction of a new well.
The fee schedule lists a $50 individual water well drilling permit fee.
individual water well drilling permit fee: 50 USD
“permitting procedures for any proposal of any new well’s construction.”
One more reviewed finding on this topic
Required — Proposal for construction of a new individual water well in Montgomery County
“permitting procedures for any proposal of any new well’s construction.”
Mandatory utility hookupConditional
Water-service availability for property in Montgomery County.
Montgomery County does not provide water service.
Multiple rural water districts operate within the county; the applicable district depends on property location.
The source does not establish county-provided sewer service.
“Montgomery County does not offer water service. However, there are multiple rural water districts within Montgomery County.”
One more reviewed finding on this topic
Conditional — Construction-permit applications in Montgomery County zoning districts R-1, R-2, R-3, R-4, B-1, B-2, I-1, and I-2.
“Written proof of availability of service obtained from the providers of electrical, water, sewage services shall be submitted to the Zoning Administrator before a construction permit shall be issued in the R-1, R-2, R-3, R-4, B-1, B-2, I-1 and I-2 districts.”
Agricultural exemptionConditional
Division or further division of land governed by the Montgomery County Land Division Regulations when done only for agricultural purposes
The tract must be 20 acres or more.
The division must be only for agricultural purposes.
The division must not entail establishment of a new residential dwelling.
The division must not involve or result in creation of any new streets, easements of access, or other dedication.
minimum tract size: >= 20 acres
“These Regulations shall not apply [...] tracts of 20 acres or more [...] agricultural purposes”
One more reviewed finding on this topic
Conditional — Agricultural uses in the A-1 Agricultural District.
“This district is intended to preserve the good agricultural resources of Montgomery County by the control of population density and non-agricultural land uses and to discourage the effects of urban sprawl into the rural areas, but not to regulate or restrict agricultural uses.”
Subdividing landRegulated (with conditions)
Division of land into two or more lots, parcels, sites, units, plots, or interests for sale, lease, or development.
A subdivision application is filed with the Zoning Administrator.
The preliminary plat requires 20 copies.
The fee is $100 per lot, capped at $500 per subdivision.
A tract or lot split of not more than two lots may be treated separately under the regulations.
preliminary-plat copies: 20 copies · subdivision application fee: 100 per lot, not to exceed 500 per subdivision USD
“A subdivision application shall be filed with the Zoning Administrator and shall be accompanied by 20 copies of the preliminary plat. The appropriate fee of $100 per lot, but not to exceed $500 per subdivision shall be paid upon filing the application.”
One more reviewed finding on this topic
Regulated (with conditions) — Subdivision plats and land divisions subject to Montgomery County Land Division Regulations.
“The Montgomery County Planning Board shall conduct a public hearing on the preliminary plat of which notice shall be published once in the official County newspaper at least 15 days prior to the hearing date. In addition, notices of the public hearing on the proposed preliminary plat shall be mailed to all property owners within 1,000 feet of the proposed plat.”
Driveway accessLimited
Access and frontage for tract or lot splits and subdivisions governed by the Montgomery County Land Division Regulations
A tract or lot split may not be approved if it results in a tract or lot without direct access to a street.
A tract or lot split may not be approved if it results in less than 50 feet of frontage on a street.
Every subdivision lot must generally have at least 100 feet of frontage on a street, except a lot fronting on the end of a cul-de-sac may have at least 50 feet.
The rule addresses tract or lot splits and subdivisions; the source does not establish a general countywide driveway permit requirement for every parcel.
minimum frontage for tract or lot split approval: >= 50 feet (Direct access to a street is also required.) · minimum subdivision lot frontage: >= 100 feet (Lots fronting on the end of a cul-de-sac require at least 50 feet.)
“lot shall have at least 100 feet of frontage on a street”
One more reviewed finding on this topic
Limited — Obtaining a 911 address for property outside city limits.
“there needs to be a clear driveway (from the county road to the edge of the parcel).”
Permit feesPublished (with conditions)
Published county fees for land-use, wastewater inspection, and subdivision applications.
Land Use Permit processing fee is $75.
Wastewater inspection fee is $150.
Preliminary subdivision plat fee is $100 per lot, capped at $500 per subdivision.
Land Use Permit processing fee: 75 USD · wastewater inspection fee: 150 USD (nonrefundable or transferable) · preliminary subdivision plat fee: per 100 USD per lot (not to exceed $500 per subdivision)
“There is a $75 fee to process the Land Use Permit.”
One more reviewed finding on this topic
Published (with conditions) — Published Montgomery County land-use, wastewater-inspection, and subdivision fees.
“There is a $75 fee to process the Land Use Permit.”
Permit processPartial
County land-use, wastewater, well, and subdivision permit processes.
Land-use submissions include the proposed use, legal description, zoning, floodplain question, utilities, wastewater-system question, proposed construction type, blueprint, and electronic signature.
The Land Use Permit fee is paid before review.
The lot-split application must be completed and signed, include three copies of drawings or survey, and the $50 filing fee is required before Planning Commission submission.
The county septic application requires approval before construction or improvement consistent with the Director of Environmental Health and Sanitary Code.
“Please include three copies of the drawings or survey.”
One more reviewed finding on this topic
Published (with conditions) — Montgomery County zoning construction and land-use permit process.
“A construction permit shall be either issued or refused by the Zoning Administrator within five (5) days of receipt of an application or within such further period as may be agreed to by the applicant. No construction permit shall be issued unless all the zoning requirements of this resolution are met.”
Kansas rules that apply here
Owner-builder exemptionAvailable
An actual owner of commercial, residential, or farm property performing roofing services personally, or using employees to perform them, on the owner's own dwelling or another structure located on the residential or farm property owned by that person.
The work must be roofing services, including construction, installation, renovation, repair, maintenance, alteration, waterproofing, or removal of materials or structures.
The owner must perform the work personally or use employees; the exemption applies without the assistance of any registered roofing contractor.
The statute separately exempts roofing services whose aggregate price on each undertaking or project during any fiscal year is less than $2,000, but that exemption does not apply to a person who advertises or uses a sign, card, or other device indicating that the person is a roofing contractor or qualified to engage in that business.
An administrative or governing body with authority to enter into public contracts must require individual roofing-contractor registration for persons submitting or entering into a public bid or contract.
This is a roofing-registration exemption only; it does not establish a general exemption from local contractor licensing, building permits, or inspections.
“The roofing contractor registration act shall not apply to:(1) An actual owner of commercial, residential or farm property who physically performs, or has employees who perform, roofing services including, construction, installation, renovation, repair, maintenance, alteration, waterproofing or removal of materials or structures on such owner's own dwelling or another structure located on the residential or farm property owned by such person without the assistance of any registered roofing contractor;”
Building code adoptedPartial
Statewide Kansas building-energy-code and state fire-prevention-code framework, including new commercial and industrial structures and specified classes of new construction, additions, and occupancy changes.
Kansas is a home rule state and local jurisdictions retain responsibility and authority for adoption and enforcement of building energy codes.
The statewide IECC 2006 standard applies to new commercial and industrial structures.
The state corporation commission has no authority to adopt or enforce energy-efficiency standards for residential, commercial, or industrial structures.
Cities and counties may adopt or enforce energy-efficiency standards within their jurisdictions.
Kansas State Fire Marshal review for the Kansas Fire Prevention Code applies to the building and occupancy categories listed on the official plans-review page, including large assembly, specified educational and institutional occupancies, and specified residential occupancies.
For new homes, the state requires homebuilders and realtors to disclose certain energy-efficiency information using the Kansas Energy Efficiency Disclosure form.
state energy-efficiency code: 2006 International Energy Conservation Code (IECC 2006) (Applicable state standard for new commercial and industrial structures) · state fire-prevention building code: 2006 International Building Code (IBC) and International Fire Code (IFC) (Projects reviewed for compliance with the Kansas Fire Prevention Code; applicability depends on the project and occupancy categories stated by the State Fire Marshal)
“Because Kansas is a home rule state, the responsibility for adoption and enforcement of building energy codes lies with local jurisdictions.”
One more reviewed finding on this topic
Partial — Kansas statewide building-code adoption authority as specifically addressed by the state energy-efficiency statute.
“The International Energy Conservation Code 2006 (IECC 2006) is hereby adopted as the applicable energy efficiency standard for new commercial and industrial structures in this state.”
Certificate of occupancyRequired
Any portion of a State of Kansas-owned building that has been in construction or has a change in occupancy, under the Department of Administration DCC process.
Form 150 is issued before occupancy of any portion of a building that has been in construction or has a change in occupancy.
Healthcare and childcare occupancies and Board of Regents capital-improvement projects require OSFM participation in construction inspections before authorization or acceptance of occupancy.
The manual states that failure to submit the occupancy request and schedule required inspections results in denial of occupancy.
certificate form: Form 150 - Certificate of Occupancy
“Form 150 - Certificate of Occupancy will be issued by DCC prior to occupancy of any portion of a building that has been in construction or has a change in occupancy. For Healthcare and Childcare Occupancies and Capital Improvement Projects for the Board of Regents, OSFM will perform construction inspections prior to authorization/acceptance of occupancy.”
Lot coverageDistrict specific (with conditions)
Percentage of a lot that may be occupied under applicable Kansas municipal or county zoning regulations.
Actual lot-coverage percentage is set by the applicable local zoning classification, if adopted.
No statewide numeric lot-coverage percentage was identified.
maximum percentage of lot occupied: local zoning classification percent
“the percentage of lots that may be occupied”
Septic permitLimited
Private onsite wastewater systems throughout Kansas, where permit requirements depend on applicable county or other local sanitary/environmental codes.
Local governments may adopt codes and issue construction and operating permits.
County sanitary or environmental codes specify local design and permitting requirements.
If there is no local code, landowners must comply with K.A.R. 28-5-6 to 9 and KDHE Bulletin 4-2.
All septic tanks installed in Kansas must comply with KDHE Bulletin 4-2.
The cited state materials do not establish a single construction- and operating-permit requirement applicable statewide.
applicable state regulations without local code: K.A.R. 28-5-6 to 9 · state minimum standard: KDHE Bulletin 4-2
“County sanitary (environmental) codes specify local design and permitting requirements. [...] If there is no local code, landowners are required to comply with Kansas Administrative Regulations (K.A.R.) 28-5-6 to 9 and minimum standards in this bulletin.”
Off-grid sanitationLimited
Domestic wastewater disposal without a public sewer connection, using an approved septic system, lagoon, or alternative onsite system.
Domestic wastewater must be discharged to an approved sewage collection system, approved lagoon, septic system, alternative system, or permitted sewage treatment plant.
Private sewerage facilities are conditioned on public sewers not being available and on compliance with local requirements.
Seepage pits, cesspools, and dry wells (rat holes) are not permitted.
No private onsite wastewater system may have a surface discharge.
Alternative systems may require a local variance; where there is no local code, KDHE may grant a variance.
“Wastewater from a home shall be discharged to a properly designed and maintained septic tank–soil absorption field or wastewater pond, an approved alternative treatment and disposal system, or a permitted sewage treatment plant. Seepage pits, cesspools, and dry wells (rat holes) are not permitted. [...] No private onsite wastewater system shall have a surface discharge.”
Building in a floodplainLimited
Statewide Kansas framework governing locally adopted floodplain zones, districts, and floodplain development regulations
A local governing body may establish floodplain zones and districts; the statute does not itself impose one uniform permit requirement on every development statewide.
Any floodplain regulations must comply with the minimum requirements of the National Flood Insurance Act of 1968 and rules adopted under it.
Before adoption, a local ordinance, resolution, regulation, or plan creating or changing a floodplain zone or district, or regulating structures, encroachments, or land uses in the area, must be submitted to the chief engineer of the Kansas Department of Agriculture's Division of Water Resources.
The chief engineer may require complete maps, plans, profiles, specifications, and textual matter; approval or disapproval is due within 90 days after receipt of all required data, and failure to act within that period results in deemed approval.
Under K.A.R. 5-44-4, local floodplain zoning regulations must identify flood hazard areas by a specific map, meet or exceed federal minimum requirements, meet or exceed applicable chief-engineer requirements, and designate a local floodplain administrator responsible for reviewing and issuing floodplain development permits.
K.A.R. 5-44-1 states that its definitions apply in administering K.S.A. 12-766; its listed effective dates are January 1, 1992 and February 17, 1992.
chief engineer review period: 90 days (After receipt of all data required by the chief engineer; failure to approve or disapprove within the period results in deemed approval.) · flood threshold referenced by K.S.A. 12-766: 1% annual chance (The governing body may restrict application to lands adjacent to watercourses subject to floods of a lesser magnitude than that having a one-percent chance occurrence in any one year.)
“The governing body may establish flood plain zones and districts and restrict the use of land therein”
One more reviewed finding on this topic
Limited — Development in special flood hazard areas under Kansas local floodplain-management ordinances based on the Kansas Department of Agriculture model ordinance.
“In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit”
Short-term rentalsLimited
Short-term rentals and vacation units or properties regulated by a Kansas municipality during the temporary statutory period from May 15, 2026 through July 25, 2026.
The temporary rule applied from May 15, 2026 through July 25, 2026.
No municipality could limit the number of permits or other municipal authorizations or limit rental duration during that period.
Completed authorization applications had to receive a response within 15 calendar days.
If the municipality failed to process and respond within 15 calendar days, the application was deemed approved and no additional municipal regulation or code requirement could be imposed as a condition of approval.
The definition excluded a permanent guest or a person occupying under a contract intended for long-term or permanent occupancy for more than 28 consecutive days within the period.
application response deadline: 15 calendar days (completed municipal authorization applications during the statutory period)
“During such period, all completed applications to a municipality [...] shall be processed by the municipality [...] within 15 calendar days.”
county zoning authorityGeneral
Kansas counties adopting zoning regulations for all or any portion of unincorporated county territory.
The authority is exercised by the board of county commissioners through resolution and under the applicable planning-and-zoning act.
Permissible subjects include building height, number of stories, building size, lot coverage, yards and open spaces, population density including minimum lot dimensions, building and land uses, and floodplain land use.
County zoning jurisdiction may cover all or any portion of the unincorporated area; incorporated municipalities have separate statutory zoning jurisdiction.
“The board of county commissioners, by resolution, may provide for the adoption or amendment of zoning regulations for the unincorporated portion of the county in the manner, and for the purposes, provided by this act.”
county building authorityLimited
Kansas counties' authority to require building permits and regulate construction in unincorporated areas through subdivision regulations
The county must first adopt a comprehensive plan before adopting subdivision regulations under K.S.A. 19-2961.
The permit procedures apply to lots divided, subdivided, resubdivided, or replatted within an area governed by the county's subdivision regulations.
No building authorization may be granted for a structure on a lot subdivided, resubdivided, or replatted after adoption of the regulations unless the statutory approval process is followed.
Regulations must provide a building-permit procedure for lots divided into not more than two tracts without replatting, unless otherwise provided.
Permit procedures must account for zoning regulations, adequate street rights-of-way, easements, and improvement of public facilities, and specify a decision time limit.
The statute permits the final permit decision to be made by the county commission, subject to other law.
maximum tracts for permit without replatting: <= 2 tracts (unless otherwise provided by the county regulations)
“Any regulations adopted by the board of county commissioners with reference to subdividing lots shall provide for the issuance of building permits”
One more reviewed finding on this topic
General — Kansas counties adopting and enforcing building codes in unincorporated portions of the county.
“Any part of a code adopted pursuant to the provisions of this section may be made applicable, by resolution, either to all unincorporated portions of the county or to any area of the county outside of but within three (3) miles of the nearest point of the corporate limits of any city.”
Set by your township or city, not the county
In Kansas, zoning is adopted by each township or city, so Montgomery County has no county-wide answer on these. Find your township or city in the list of places on this page, or call its clerk or zoning administrator.
Minimum dwelling size
Tiny homes
Accessory dwellings
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 Montgomery County, Kansas
Is Montgomery County a good place to live off-grid or homestead?
Montgomery County scores 63/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 20,356 people within a 30-minute drive. Watch-outs: elevated mid-century heat, water, rain, or wildfire exposure.
Do you need a building permit in Montgomery County, Kansas?
Montgomery County requires a building permit only in limited cases (such as floodplains or specific zones), and it enforces county zoning. Onsite septic is permitted by Montgomery County Environmental Health. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.
How much does land cost in Montgomery County, Kansas?
Land in Montgomery County runs about $2,685 per acre, based on the latest county data.
What is the water situation in Montgomery County?
Montgomery County gets about 42.4" of rain a year, with severe drought in roughly 22.8% of years.
How remote is Montgomery County?
A representative private-land location has about 20,356 people within a 30-minute drive and 1,793,473 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.
