Bolthole Index

Chouteau County, Montana

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

49Index Score / 100
#41 of 56 in Montana

Building a home in unincorporated Chouteau County, Montana requires a county Development Permit before construction1. Montana exempts residential buildings with fewer than five dwelling units from state building permits, except buildings serving transient guests; county requirements still apply23. A local drainfield permit is required even when the property already has Montana DEQ sanitation approval4.

At a glance

Building permit
County Development Permit required for a home; ordinary small residential buildings are exempt from state building permits123
Zoning / land use
County Development Regulations govern unincorporated land; qualifying noncommercial agricultural operations are exempt56
Septic permits
The County Sanitarian handles local septic review; DEQ sanitation approval does not replace the local drainfield permit74
Subdivision lot size
Where zoning sets no minimum, subdivision lot size is established with local and state health authorities8
Building code and inspections
Montana adopts statewide codes, but state building permit exemptions apply to ordinary small residential buildings23
Owner plumbing
A homeowner may do the plumbing personally without a state plumbing permit for a personal residence that is neither speculative nor a rental9
Private well
A groundwater permit exception may apply at 35 gallons per minute or less and no more than 10 acre-feet per year; DNRC notice and a driller’s well log are required1011
Septic soil difficulty
Only 10.3% of county soils are free of severe limits for a conventional drain field12

Who to call

Planning & zoning

Chouteau County Planning & Development Department

Development Permits, Subdivision Regulations, Certificates of Survey and subdivision exemptions, the county Growth Policy, Buildings for Lease or Rent Regulations, and Airport Affected Area Regulations for Chouteau County

1308 Franklin Street, Fort Benton, MT

Online permits →

Also useful

Chouteau County Commissioners' Office

General county government contact at the County Courthouse; the Planning Department and other county offices share this courthouse address

406-622-3631

1308 Franklin Street, Fort Benton, MT 59442

Health department

Chouteau County Sanitarian contact (Bob Stevenson Consulting)

County environmental-health and Sanitarian contact; confirm which septic and drainfield applications this office currently accepts

(406) 622-3016

bobcetera@bresnan.net

PO Box 459, Fort Benton, MT 59442

Contact details are copied from each office’s official page and were checked against it on October 12, 2026.

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Do you need a building permit in Chouteau County, Montana?

Before constructing a home in unincorporated Chouteau County, obtain the county Development Permit required for a residential dwelling; the county approval concerns land use1. Montana has adopted statewide building codes, but residential buildings containing fewer than five dwelling units are exempt from state building permits unless they serve transient guests23. The county’s published Fee Schedule-2017 lists a non-refundable $50 Development Permit application fee; ask Planning for the current charge13. A homeowner doing plumbing personally in a personal-use residence that is neither speculative construction nor a rental is exempt from the state plumbing permit, not the county Development Permit9. Plumbing must still meet code, with required inspections before covering the work14.

Who issues building permits in Chouteau County, Montana?

The Chouteau County Planning Department handles the county Development Permit and land-use questions15. A pre-application meeting with county Planning staff is required before submitting the county application, which may be delivered by hand, mail, or email16. The county package calls for a location map, site map, access information, proposed septic and drainfield information, and floodplain information16. Planning is at the Chouteau County Courthouse, 1308 Franklin Street, Fort Benton, Montana15. The Commissioners' Office in the same courthouse can be reached at 406-622-363117. The Montana Building Codes Program administers state code enforcement where no certified local program applies; ask the program which trade permits and inspections the proposed project needs18.

Does Chouteau County have zoning?

Yes. Chouteau County's Development Regulations govern land use in the unincorporated county5. Agricultural land and operations that are not identified as commercial agricultural operations are exempt from those county regulations, but federal and state requirements still apply6. A home still requires a Development Permit before construction1. Certain buildings offered for lease or rent may need separate county review, and airport-area rules address tall structures around Fort Benton and Big Sandy15. We could not confirm a general minimum home size, lot-coverage limit, or residential setback schedule; ask Planning about the parcel. For a new subdivision where zoning sets no minimum lot size, the minimum is established in consultation with local and state health authorities8. The published 100-foot stream-and-lake setback applies to listed commercial and industrial improvements, not generally to a new single-family home19.

How do septic permits work in Chouteau County?

The Chouteau County Sanitarian handles local septic review, while Montana DEQ reviews sanitation for covered subdivisions2021. A local health-department drainfield permit is still required when a Certificate of Subdivision Approval already exists4. Chouteau County reviews septic permits for parcels over 20 acres; development on parcels under 20 acres receives review from both the County Sanitarian and Montana DEQ20. Montana DEQ reviews sanitation for land divisions creating parcels under 20 acres before parcels are created, and also for condominiums and recreational camping-vehicle and mobile-home parks regardless of parcel size22. A no-facilities exemption does not authorize later water or sewer facilities; a Certificate of Subdivision Approval must come first if those facilities will be developed23. Montana DPHHS lists Bob Stevenson Consulting at (406) 622-3016 as the county contact, but ask which application that office accepts2425. Only 10.3% of county soils lack severe limits for a conventional drainfield, so evaluate soils early12.

Can you live in an RV or tiny home on your land in Chouteau County?

We could not confirm whether full-time occupancy of a single RV or tiny home is allowed on private land in Chouteau County; ask the Planning Department about the proposed unit and use. County Development Regulations govern unincorporated land, and constructing a residential dwelling requires a Development Permit51. Developments offering two or more recreational camping-vehicle spaces for rent or lease require county subdivision review26. Those RV park standards require 20 feet between vehicles, including attached awnings, and boundary setbacks of 25 feet beside a public street or highway right-of-way and 15 feet elsewhere; these are park standards, not permission to live in a single RV27. A no-facilities exemption cannot support adding water or wastewater facilities without a Certificate of Subdivision Approval, and local drainfield permitting remains separate2328.

Building a home in Chouteau County: the steps, in order

  1. Hold the required pre-application meeting with the Chouteau County Planning Department before submitting the county Development Permit application16.
  2. Prepare the required location and site maps plus access, septic, drainfield, and floodplain information; submit the county application by hand, mail, or email16.
  3. Ask the Montana Building Codes Program which state trade permits and inspections apply; ordinary residential buildings with fewer than five dwelling units are exempt from state building permits unless serving transient guests183.
  4. If land is being divided, confirm county subdivision review and Montana DEQ sanitation review; DEQ reviews divisions under 20 acres1522.
  5. Contact the County Sanitarian and obtain the local drainfield permit even if a Certificate of Subdivision Approval exists4.
  6. For a qualifying groundwater permit exception, file a Notice of Intent with DNRC before use; an authorized notice allows five years to complete the use and submit a Notice of Completion1029.
  7. Ask the local floodplain administrator whether the site is in a designated Special Flood Hazard Area; covered development requires a floodplain permit30.
  8. Obtain an MDT approach permit or right-of-way agreement before building or changing access onto a state highway31.

What to check before you buy land in Chouteau County

Chouteau County receives about 13.8 inches of precipitation annually, and severe drought occurs in 12.1% of years; verify well production and water rights before buying3233. Montana’s groundwater permit exception may apply at 35 gallons per minute or less and no more than 10 acre-feet per year, but combined appropriations exceeding the volume limit require a permitted water right10. Qualifying users must file a Notice of Intent with DNRC before use; authorization gives five years to complete the use and submit a Notice of Completion1029. The driller must submit a new well’s Well Log Report to the Montana Bureau of Mines and Geology within 60 days1011. Only 10.3% of county soils lack severe limits for a conventional drainfield, so evaluate septic suitability early12. Check the survey for a no-facilities exemption: adding water or sewer later requires sanitation approval23.

Watch-outs

  • Chouteau County’s residential Development Permit remains required even when the home qualifies for Montana’s state building permit exemption12.
  • A Certificate of Subdivision Approval does not replace Chouteau County's required local drainfield permit4.

Sources

  1. Chouteau County Development Regulations, quoted and re-checked
  2. Current Codes, quoted and re-checked
  3. Building Permits (Montana statewide rule), quoted and re-checked
  4. Engineering Infrastructure & Subdivisions, quoted and re-checked
  5. Chouteau County Development Regulations, quoted and re-checked
  6. Chouteau County Development Regulations, quoted and re-checked
  7. Engineering Infrastructure & Subdivisions, quoted and re-checked
  8. Chouteau County Subdivision Regulations-2024, quoted and re-checked
  9. Plumbing Permits, quoted and re-checked
  10. Exempt Well Updates and Information, quoted and re-checked
  11. Groundwater permit exceptions, quoted and re-checked
  12. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  13. Chouteau County Planning Department Fee Schedule, quoted and re-checked
  14. Plumbing Permits, quoted and re-checked
  15. Chouteau County Planning & Development Department (chouteaucountymt.gov)
  16. Chouteau County Development Permit Application, quoted and re-checked
  17. Chouteau County Commissioners' Office (chouteaucountymt.gov)
  18. Montana Building Codes Program (Montana statewide rule), quoted and re-checked
  19. Chouteau County Development Regulations, quoted and re-checked
  20. Chouteau County Growth Policy 2017, quoted and re-checked
  21. Engineering Infrastructure & Subdivisions, quoted and re-checked
  22. Engineering Infrastructure & Subdivisions, quoted and re-checked
  23. deq.mt.gov, quoted and re-checked
  24. Chouteau County Sanitarian contact (Bob Stevenson Consulting) (dphhs.mt.gov)
  25. co.chouteau.mt.us, quoted and re-checked
  26. Chouteau County Subdivision Regulations-2024, quoted and re-checked
  27. Chouteau County Subdivision Regulations-2024, quoted and re-checked
  28. Engineering Infrastructure & Subdivisions — COSA FAQs, quoted and re-checked
  29. Exempt Well Updates and Information (Montana statewide rule), quoted and re-checked
  30. Stream Permitting, quoted and re-checked
  31. Approach Manual for Landowners and Developers (Montana statewide rule), quoted and re-checked
  32. Annual precipitation: Bolthole Index county data
  33. Share of years in severe drought: Bolthole Index county data

Written October 12, 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.

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Compared with neighboring counties

Unlike 3 of the 5 neighbors with published rules, Chouteau County has countywide zoning.

RuleChouteau CountyHill CountyLiberty CountyCascade CountyJudith Basin CountyFergus CountyBlaine County
Building permitLimitedLimitedLimitedLimitedNot requiredNot requiredNot required
County zoningYesYesNoYesNoNoNot published
Septic permitsCounty SanitarianCounty Health Dept.County Health Dept.CCHDCentral Montana Health DistrictCounty Health Dept.County Env. Health

County locator

Chouteau County in Montana

49
County map
Chouteau County highlighted among the Montana counties · colored by Index score

How Chouteau County scores

Seclusion89100% ev.
Self-Sufficiency18100% ev.
Admin Boringness5590% ev.
Durability43100% ev.
Property Autonomy83100% ev.
Carry Cost80100% 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 →

$322kTypical home
0.8%Property tax
$1,356Land / acre
13.8"Annual rain
12.1% of yrsSevere drought
7.6 / yr (+6.4)Mid-century 100°F days
21 daysMid-century dry spell
1.15" (+5.1%)Mid-century 1-day rain
1.23×Wildfire change factor
100%Forward climate coverage
$1,709Home insurance / yr
4.1% / yrInsurance growth
1.42%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
47,658People within 2 hr
683Radius comparison (15 mi)
1.5People / sq mi
7.7%Federal land
75.3%Land at 15% slope or less
10.3%Soils rated "not limited" for septic (strict USDA rating)
253,238 acWorkable land screen
4.9%Wooded land
21.6 tonsBiomass / forest ac
44.2°FAvg temp

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Cities and towns in Chouteau 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.

Not yet researched: Fort Benton · Town of Geraldine

Answers from the rulebook for Chouteau County

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

Chouteau County rules

  • Building permitLimited

    Construction of a residential dwelling unit in unincorporated Chouteau County.

    • A county Development Permit must be issued before constructing a residential dwelling unit.
    • The cited county permit is a land-use/development permit, not necessarily a structural building-code permit.
    • Exceptions include specified certificates of survey or deeds, inheritance/probate transfers, and qualifying home occupations.
    “A Development Permit must be issued under these regulations before any person may: [...] 3. Construct a residential dwelling unit;”
  • County-wide zoningPresent (with conditions)

    Land-use and development regulation in the unincorporated area of Chouteau County.

    • The regulations govern the unincorporated area only.
    • Agricultural lands and operations that are not identified as commercial agricultural operations are specifically exempt.
    • All applicable federal codes, state statutes, and administrative rules also apply.
    “These Development Regulations are adopted pursuant to Sections 76-2-201 through 76-2-240, Montana Code Annotated, The County Zoning Enabling Act. [...] The area governed by these regulations includes the unincorporated area of Chouteau County, Montana.”
  • Minimum lot sizeDistrict specific (with conditions)

    Minimum lot size for subdivisions in unincorporated Chouteau County where applicable zoning regulations do not establish minimum lot sizes.

    • The rule applies to subdivision design and development, not necessarily to every existing parcel or every individual residential construction project.
    • Where zoning regulations are not in effect establishing maximum densities or minimum lot sizes, the maximum density and minimum lot size must be established in consultation with local and state health authorities.
    • Subdivision design and development must conform to applicable zoning or other regulations.
    • Other subdivision requirements, including health, wastewater, access, and floodplain provisions, may also apply.

    minimum lot size: established through consultation with local and state health authorities (applies where zoning regulations are not in effect establishing minimum lot sizes)

    “minimum lot size must be established in consultation with local and state health authorities.”
  • SetbacksSpecified

    Commercial and industrial buildings, structures, wells, septic tanks, and drainfields in unincorporated Chouteau County.

    • The 100-foot setback applies to commercial and industrial development, not expressly to new single-family homes.
    • The cited rule also requires siting outside known floodplains.

    setback from streams and lakes: >= 100 feet

    “Commercial and industrial buildings, structures, wells, septic tanks and drainfields must be set back at least 100 feet from streams and lakes and sited outside of any known floodplains.”
  • Living in an RVLimited

    Recreational vehicle occupancy in Chouteau County subdivisions providing multiple spaces for rent or lease, including recreational vehicle parks.

    • The cited county rules address subdivisions providing multiple recreational-vehicle spaces for rent or lease; they do not establish a general countywide rule for a single RV on private land.
    • Recreational vehicles must be separated from each other by at least 20 feet, including attached awnings and similar attached structures.
    • All recreational vehicles must be at least 25 feet from a property boundary abutting a public street or highway right-of-way and at least 15 feet from other park boundary lines.
    • Each space must have a parking area at least 9 feet by 18 feet; parking areas must be set back from the street by at least 4 feet; additional parking and storage areas must meet the same setbacks.

    minimum separation between recreational vehicles: >= 20 feet (Attached awnings and other structures attached to the vehicle are included.) · setback from boundary abutting public street or highway right-of-way: >= 25 feet · setback from other park boundary lines: >= 15 feet · parking area dimension: 9 by 18 feet · parking-area setback from street: >= 4 feet

    “Design Standards for Recreational Vehicle Parks [...] Recreational vehicles must be separated from each other by at least 20 feet.”
    One more reviewed finding on this topic
    • Limited — Multiple-space recreational camping vehicle developments in unincorporated Chouteau County that provide or will provide two or more spaces for rent or lease.
      “two or more spaces [...] will be reviewed under Section VII-B-3.”
  • Who permits septicCounty (with conditions)

    Review and administration of septic permits and individual onsite wastewater systems in Chouteau County, including rural residences and development subject to county review.

    • The Chouteau County Sanitarian handles the septic-review function.
    • The County reviews all septic permits for parcels over 20 acres.
    • For development on less than 20 acres, both the Chouteau County Sanitarian and the Montana Department of Environmental Quality must review the development.
    • The county development-permit application asks applicants whether they contacted the Chouteau County Sanitarian or Montana Department of Environmental Quality regarding the proposed water and wastewater treatment system.
    • The Montana Department of Public Health and Human Services lists Bob Stevenson Consulting for Chouteau County at (406) 622-3016; the page separately lists Chouteau County Public Health at (406) 622-3771.

    parcel-size threshold for county review: >= 20 acres (The source states that parcels over 20 acres are reviewed by the County; development on less than 20 acres requires review by both the County Sanitarian and Montana DEQ.) · Bob Stevenson Consulting phone listed for Chouteau County: (406) 622-3016 · Chouteau County Public Health phone: (406) 622-3771

    “In Chouteau County the County Sanitarian handles this function. The County reviews all septic permits for any parcel over 20 acres. Both the County Sanitarian and the Department of Environmental Quality must review any development on less than 20 acres.”
    One more reviewed finding on this topic
    • County (with conditions) — County-level septic and drainfield sanitation intake for Chouteau County, including the county environmental-health/sanitarian contact identified by Montana DPHHS.
      “Have you contacted the Chouteau County Sanitarian or Montana Department of Environmental Quality regarding the proposed water and wastewater treatment system? If so please describe.”
  • Septic permitRequired

    Drainfield installation in Chouteau County.

    • A Certificate of Subdivision Approval does not eliminate the local health-department drainfield permit requirement.
    “Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
  • Agricultural exemptionAvailable (with conditions)

    Agricultural lands and operations in unincorporated Chouteau County that are not identified as commercial agricultural operations.

    • The exemption is limited to agricultural lands and operations not identified as commercial agricultural operations.
    • Federal codes, state statutes, and administrative rules still apply.
    “Agricultural lands and operations that are not identified as commercial agricultural operations, are specifically exempt from these regulations. All applicable Federal codes, State statutes and administrative rules apply to the development of land in the County.”
  • Permit feesPublished (with conditions)

    County development-permit and subdivision-review applications in Chouteau County.

    • Fees are non-refundable and due at application.
    • Subdivision review: initial application fee $140.00.
    • Additional fee per proposed lot: $70.00.
    • Examining land surveyor fee depends on complexity and is $85.00 per hour.
    • Development permit review application fee per requested permit: $50.00.
    • Final-plat and certificate-of-survey filing fees are set by statute and collected by the Clerk and Recorder.
    • The document is titled Fee Schedule-2017; no newer fee schedule was verified.

    initial subdivision application fee: 140 USD · additional fee per proposed lot: per 70 USD · examining land surveyor fee: per 85 USD/hour (depends upon complexity of the plat and survey) · development permit application fee: 50 USD (per requested permit)

    “Fees are as follows: Subdivision Review Initial application fee $140.00 Additional fee per each proposed lot $70.00”
  • Permit processPublished (with conditions)

    County development-permit applications in Chouteau County.

    • A pre-application meeting with Planning Department staff is required.
    • Applications are accepted only by hand delivery, mail, or email after the pre-application meeting.
    • The application requires a location map, site map, access information, proposed septic and drain-field information, and floodplain information.
    “APPLICATIONS FOR ANY PERMIT OR LAND DEVELOPMENT REQUIRES A PRE-APPLICATION MEETING WITH THE PLANNING DEPARTMENT STAFF.”

Montana rules that apply here

  • Owner-builder exemptionAvailable (with conditions)

    A homeowner performing the plumbing installation personally for a residence intended for the owner's personal use in Chouteau County, to the extent the project is in the State plumbing jurisdiction.

    • The homeowner must perform the plumbing installation personally.
    • The residence must be for the owner's personal use.
    • The residence must not be built on speculation of resale.
    • The residence must not be intended as a rental property.
    • Certified local governments may enforce the plumbing code within their jurisdictional area; other areas fall under the State's jurisdiction.
    • All plumbing must meet the Uniform Plumbing Code, and required inspections must occur before covering plumbing work.
    “Homeowners do not need to obtain a plumbing permit [...] doing the plumbing installation themselves [...] for the owner's personal use [...] or intended as a rental property.”
    2 more reviewed findings on this topic
    • Conditional — A homeowner performing plumbing installation themselves in a residence for the owner's personal use in Montana, including unincorporated Chouteau County unless a certified local government rule applies.
      “Homeowners do not need to obtain a plumbing permit provided he/she is doing the plumbing installation themselves”
    • Available — An owner working on the owner's property, or an owner contracting for work performed by a registered construction contractor, under Montana's construction-contractor licensing chapter.
      “(13) to an owner working on the owner's property, whether occupied by the owner or not, but this exemption does not apply to an owner”
  • Building code adoptedAdopted (with conditions)

    Montana's uniform state building code for residential and commercial buildings statewide.

    • The currently listed codes are amended and adopted through Administrative Rules of Montana Title 24, Chapter 301.
    • Cities, counties, and towns may enforce local building codes, all or in part, only through certified local building-code-enforcement programs.
    • State-owned agencies must be permitted through the Montana Department of Labor and Industry.
    • The listed 2021 International Building, Residential, and Existing Building Codes and related codes are effective June 11, 2022; the listed ASME boiler and pressure-vessel codes are effective November 6, 2021.

    International Building Code edition: 2021 · International Residential Code edition: 2021 · effective date for listed principal codes: 2022-06-11 (ASME boiler and pressure-vessel codes listed on the official page are effective 2021-11-06)

    “In addition, the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
    3 more reviewed findings on this topic
    • Adopted — Montana building codes applicable in areas subject to state building-code enforcement, including potentially unincorporated Chouteau County.
      “All of the codes listed below are amended and adopted by: Administrative Rules of Montana (ARM) Title 24, Chapter 301 [...] International Residential Code, 2024 Edition - Effective: September 26, 2026”
    • Adopted — Structural residential building-code requirements applicable in unincorporated Chouteau County through Montana's statewide building-code program.
      “All of the codes listed below are amended and adopted by: Administrative Rules of Montana (ARM) Title 24, Chapter 301 [...] International Residential Code, 2024 Edition - Effective: September 26, 2026”
    • Partial — Montana's statewide building-code framework for residential and commercial construction.
      “In Montana, cities, counties and towns have the option to enforce local building, electrical, plumbing, and mechanical codes, all or in part (except for state-owned agencies, which must be permitted through this Department). These local building code enforcement programs must be certified by the BC Program. The remaining cities, counties and towns that have chosen not to enforce building codes, fall under the jurisdiction of the BC Program. [...] the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
  • InspectionsLimited

    Buildings and other projects requiring permits under Montana state building-code jurisdiction; certified local governments may perform inspections within their certified jurisdictional areas.

    • The Montana Building Codes Program performs inspections for projects requiring a permit under state jurisdiction.
    • The permit holder must notify the inspector when work is ready for inspection and provide access for required inspections.
    • Cities, counties, and towns may enforce local building codes and perform inspections only through certified local government programs; remaining areas fall under the state Building Codes Program.
    “The BC Program establishes and enforces statewide codes by issuing permits and performing inspections.”
    One more reviewed finding on this topic
    • Required — State building-code inspections for structural residential construction in unincorporated Chouteau County.
      “The BC Program establishes and enforces statewide codes by issuing permits and performing inspections. [...] The remaining cities, counties and towns that have chosen not to enforce building codes, fall under the jurisdiction of the BC Program.”
  • Certificate of occupancyLimited

    Buildings constructed in accordance with the Montana state building code or a county, city, or town building code.

    • The certificate must certify that the building conforms to the applicable building regulations.
    • The statute addresses certificates for buildings constructed under the state or local building code; it does not establish a universal certificate requirement for every structure or every occupancy.
    “A certificate of occupancy for a building constructed in accordance with the provisions of the state building code or county, city, or town building code must certify that the building conforms to the requirements of the building regulations applicable to it.”
  • 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.”
  • Off-grid sanitationLimited

    Off-grid water and wastewater facilities on property in Chouteau County.

    • Certain no-facilities exemptions may exclude a parcel from sanitation review only if no facilities will be constructed.
    • A COSA must be issued before developing facilities that require sewer or water.
    “Finally, after July 1, 1973 many lots were excluded from sanitation review through the use of "no facilities" exemptions. These exemptions are listed on the front of the survey and state something like "Parcel A is excluded from sanitation review by the Department of Environmental Quality pursuant to 17.36.605(2)(a) as a parcel that has no facilities for water supply, wastewater disposal, storm drainage, or solid waste disposal, if no facilities will be constructed on the parcel;" In either case, a COSA must be issued for the lot(s) prior to developing facilities that require sewer or water.”
  • 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.”
    4 more reviewed findings on this topic
    • Limited — Groundwater wells and other groundwater developments applicable in Chouteau County.
      “A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year (Section 85-2-306, MCA). Beginning on January 1, 2026, appropriators are required to notify DNRC of their intent to use groundwater under the exception to the permitting process”
    • Limited — New groundwater development serving property in Chouteau County under Montana water-rights law.
      “with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year (Section 85-2-306, MCA).”
    • Limited — Groundwater wells serving property in Chouteau County.
      “A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year. Beginning on January 1, 2026, appropriators are required to notify DNRC of their intent to use groundwater under the exception to the permitting process described in 85-2-306(3)(a)(iii) or (iv), MCA, by submitting a Notice of Intent to Appropriate Groundwater (Form 602I) prior to putting the water to use.”
    • 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.”
  • Subdividing landLimited

    Statewide divisions of land creating parcels for sale or other transfer under the Montana Subdivision and Platting Act.

    • A subdivision generally consists only of parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section.
    • The subdivision plat must show all parcels, whether contiguous or not.
    • The statutory definition includes resubdivisions and condominiums.
    • Certain divisions or aggregations are not subdivisions under the chapter but remain subject to survey requirements and applicable zoning regulations.
    • The statutory exemptions do not apply when the method of disposition is adopted for the purpose of evading the chapter.

    parcel threshold: < 160 acres (A parcel describable as a one-quarter aliquot part of a United States government section is excluded from the subdivision definition.)

    “subdivision comprises only those parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision review affecting Chouteau County, including divisions creating parcels under 20 acres and qualifying condominiums, RV parks, and mobile-home parks.
      “The DEQ Subdivision Program reviews divisions of land comprising less than 20 acres, as well as condominiums and recreational camping vehicle and mobile home parks”
  • Driveway accessLimited

    New or modified driveway approaches intersecting Montana state highways, and changes in use of property abutting a state highway or an existing approach.

    • A new or modified approach requires either an approach permit or a right-of-way agreement.
    • A change in property use or change in use of an existing approach requires a new approach permit.
    • The landowner is responsible for obtaining the new permit.
    • The application must be made to the appropriate MDT District Office.
    • A detailed site plan and Environmental Checklist Form are required.
    • The requirement concerns state highways; local roads may be administered by local governments.
    “ALL NEW OR MODIFIED APPROACHES REQUIRE EITHER AN APPROACH PERMIT OR A RIGHT-OF-WAY AGREEMENT.”
  • Building in a floodplainRequired

    New development within a designated Special Flood Hazard Area in Montana.

    • The applicant must check with the local floodplain administrator to determine whether an SFHA has been designated.
    • Covered development includes placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, excavation, new construction or development, placement or replacement of manufactured homes, and new construction, additions, or substantial improvements to residential and commercial buildings.
    • Permit applications are obtained from the local floodplain administrator.
    • Application fees and timelines are established by the local government and vary widely throughout the state.
    “Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
    One more reviewed finding on this topic
    • Required — Development in designated Special Flood Hazard Areas in Chouteau County.
      “Anyone planning new development within a designated Special Flood Hazard Areas (SFHA). [...] Permit applications are available from the local floodplain administrator. Application fees and timelines are established by the local government and vary widely throughout the state.”
  • 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;”
    One more reviewed finding 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”
  • 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.

  • Local zoning — Local zoning rules in Chouteau County, including incorporated municipalities and other subordinate jurisdictions.
  • Zoning districts — Published zoning districts in Chouteau County.
  • Minimum dwelling size — Minimum dwelling-size requirements for residential dwellings in Chouteau County.
  • Lot coverage — Lot coverage in Chouteau County.
  • Building height — Building height in Chouteau County.
4 more unanswered
  • Camping on your land
  • Tiny homes
  • Septic inspection
  • Mandatory utility hookup

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 Chouteau County, Montana

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

Chouteau County scores 49/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 683 people within 15 miles and a stronger property-autonomy legal backdrop. Watch-outs: weak self-sufficiency basics: only 13.8″ of rain a year.

Do you need a building permit in Chouteau County, Montana?

Chouteau 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 Chouteau County Sanitarian / Chouteau County Public 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.

Can you live in an RV or tiny home on your land in Chouteau County?

Living in an RV on your own land in Chouteau County is limited to specific cases: Multiple-space recreational camping vehicle developments in unincorporated Chouteau County that provide or will provide two or more spaces for rent or lease. A subdivision that provides or will provide multiple spaces for rent or lease for recreational camping vehicles must undergo review under Section VII of the Chouteau County Subdivision Regulations. If the land creating the recreational camping vehicle spaces is divided from a parent tract and the tract for the spaces is less than 160 acres, or the remaining portion of the parent tract is less than 160 acres, subdivision review is required under Section III or IV. Confirm with the county before relying on it.

How much does land cost in Chouteau County, Montana?

Land in Chouteau County runs about $1,356 per acre, based on the latest county data.

What is the water situation in Chouteau County?

Chouteau County gets about 13.8" of rain a year, with severe drought in roughly 12.1% of years.

How remote is Chouteau County?

A typical private-land location has about 683 people within 15 miles and 164,401 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Chouteau compares in Montana

Compare side-by-side →See all 56 Montana counties ranked →