Building permits, zoning and land rules in Fallon County, Montana
47Index Score / 100 #47 of 56 in Montana
Unincorporated Fallon County, Montana does not require a county building permit for an ordinary home, but state electrical and plumbing permits still apply12. Fallon County has no countywide zoning, though subdivision, floodplain and other location-specific rules apply, and Plevna has town zoning345. Septic systems countywide go through the Fallon County Sanitarian67.
At a glance
Building permit
No county permit for an ordinary home; Montana permits non-residential buildings and residential buildings with five or more units18
Building codes
No locally enforced code program; covered work falls under the Montana Building Codes Program2
Zoning
No comprehensive countywide zoning, but workforce-housing, airport-area, floodplain and Plevna rules cover particular places or uses9103
Septic
Approved by the local health department; the Fallon County Sanitarian is the contact. Some subdivision lots also need state sanitation approval611
RV living
County zoning does not restrict RVs on unincorporated land, but septic and subdivision rules still apply; Plevna regulates RV occupancy through approved RV parks12413
Accessory dwelling
Plevna allows one qualifying guest-house ADU in its R-1 and R-2 districts; county rules differ outside town1410
Tiny home
County zoning does not restrict tiny homes on unincorporated land; building, septic and floodplain rules still apply12
Owner-builder
Allowed: with no county building permit there is none to be exempt from, though state electrical, plumbing and HVAC licensing may apply15
Water well
A permit is required above 35 gallons per minute or 10 acre-feet per year; smaller uses may use the exception process16
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Do you need a building permit in Fallon County, Montana?
An ordinary home in unincorporated Fallon County does not need a county building permit1. Fallon County, Baker and Plevna use Montana's state-administered code program rather than a certified local program2. A Montana building permit is required before construction of a non-residential building or a residential building with five or more dwelling units8. Residential buildings with four or fewer dwelling units instead require state electrical and plumbing permits, while the small-residential building-permit exemption does not cover transient-guest lodging217. Farm and ranch buildings may be exempt from the state building permit, but sanitation, trade, fire, floodplain, airport and subdivision requirements can still apply18. With no county building permit for an ordinary home, an owner may build their own home, though state licensing for electrical, plumbing and HVAC work may still apply15.
Who issues building, septic and driveway permits in Fallon County, Montana?
The Montana Building Codes Program handles applicable state building permits for Fallon County, Baker and Plevna because none operates a certified local code program2. When a state permit applies, the permit holder calls the building inspector at least 24 hours before an inspection, and the inspector has 72 hours to respond19. Fallon County Planning is the local contact for floodplain permits, subdivision review and zoning questions20. A complete floodplain application can require plans, fees, notices and other permits, with a decision due within 60 days and at least 15 days for public comment21. Septic systems go through the Fallon County Sanitarian for every address in the county, city or not67. A county-road approach is reviewed by the Road Department and approved by the county commissioners2223.
Does Fallon County have zoning?
Unincorporated Fallon County has no general countywide zoning ordinance3. We could not confirm a countywide minimum home size or residential lot size; ask Fallon County Planning about the parcel and any subdivision-specific standard20. Workforce-housing rules apply to that use, the Baker airport affected area has its own controls, and Plevna zoning applies only inside the town's corporate limits9245. Subdivision review remains required where the county's subdivision regulations apply4. In covered subdivisions, the total setback is 300 feet from a river, 200 feet from a perennial stream, and 130 feet from an intermittent stream, lake, pond or reservoir unless applicable zoning supplies the standard25. Floodplain permits are separate, and Fallon County Planning publishes a $750 application fee2620.
How do septic permits work in Fallon County?
Residential septic systems are approved by the local health department before installation, and Fallon County names its County Sanitarian as the contact67. Systems must meet Montana standards, and local rules may be stricter27. A Certificate of Subdivision Approval is Montana DEQ's sanitation approval for a subdivision; a lot created after 1961 and smaller than 20 acres will generally have a certificate or sanitary restrictions11. A proposed subdivision within 500 feet of a qualifying public water or wastewater system must connect unless the department grants a waiver; cost is considered practical at no more than three times an approvable onsite system28. New cesspools and new pit-privy systems are prohibited, while new holding tanks generally require a specified waiver29. Only 34.2% of county soils lack severe limits for a conventional drain field, so verify the site before assuming a standard system will work30. We could not confirm routine septic inspection requirements; ask the Sanitarian.
Can you live in an RV or tiny home on your land in Fallon County?
Fallon County has no zoning in unincorporated areas, so county zoning does not restrict tiny homes or RV use there123. Subdivision, floodplain, building-trade and septic rules still apply, so ask the County Sanitarian how wastewater would be handled before moving onto a parcel47. Plevna regulates RV occupancy through approved RV parks: those projects require zoning and subdivision review, utility connections, permits and inspections1331. Plevna also limits an RV parked on a public or private street to 24 hours and requires RV-park spaces to sit at least 15 feet from adjacent structures13. A Fallon County short-term rental is a state-regulated public accommodation whose plans are reviewed by the County Sanitarian; the cited rule does not establish a separate county land-use approval32.
Building a home in Fallon County: the steps, in order
Confirm whether the parcel is in unincorporated Fallon County, Baker, Plevna or the Baker airport affected area because the applicable land-use rules differ24.
Ask Fallon County Planning about subdivision, floodplain, workforce-housing, airport-area and waterbody-setback controls before fixing the building site20425.
Contact the County Sanitarian for septic approval, check the subdivision file for sanitary restrictions, and ask whether proximity to public utilities requires connection71128.
Determine whether Montana requires a building permit and obtain the state electrical and plumbing permits required for a small residential project82.
File the required water-right paperwork before using a new well16.
If access meets a county road, submit the approach application for county review2223.
What should you check before buying land in Fallon County?
Start with water: Fallon County averages about 15.5 inches of precipitation a year, so confirm a dependable supply rather than assuming rainfall will cover household and livestock needs33. Every new Montana water use needs a water right; groundwater use above 35 gallons per minute or 10 acre-feet per year needs a permit, while smaller uses may qualify for the exception process16. Check the subdivision record for sanitation restrictions and test the proposed drainfield area because only 34.2% of county soils lack severe limits for a conventional system1130. Map flood hazards, waterbody setbacks and the road approach before settling on a homesite342522. Typical property tax is about 0.6%, with a median annual bill near $1,3593536.
Watch-outs
No countywide zoning does not mean no land-use controls: workforce housing, subdivisions, floodplains, airport-area rules and Plevna's town zoning can still govern a parcel924.
A rural parcel cannot rely on a new cesspool or ordinary pit privy as its sanitation plan under the cited Montana subdivision rules29.
Plevna's RV-park and temporary-camping rules apply only inside the town, not on unincorporated Fallon County land1331.
Written October 10, 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.
Fallon County highlighted among the Montana counties · colored by Index score
How Fallon County scores
Seclusion91100% ev.
Self-Sufficiency1492% ev.
Admin Boringness87100% ev.
Durability41100% ev.
Property Autonomy83100% ev.
Carry Cost8396% 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 →
$201kTypical home
0.6%Property tax
$1,043Land / acre
15.5"Annual rain
13.4% of yrsSevere drought
11.4 / yr (+9.2)Mid-century 100°F days
21.3 daysMid-century dry spell
1.08" (+4.8%)Mid-century 1-day rain
1.3×Wildfire change factor
100%Forward climate coverage
$2,425Home insurance / yr
1.5% / yrInsurance growth
1.22%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
35People within 30 min
15,220People within 2 hr
340Radius comparison (15 mi)
1.8People / sq mi
11.2%Federal land
85.1%Land at 15% slope or less
34.2%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Fallon 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.
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Fallon County rules
Building permitNot required
Residential buildings with four or fewer dwelling units in Fallon County, subject to the source's stated exceptions and separate electrical and plumbing permitting requirements.
The Fallon County Growth Policy states that only state-issued electrical and plumbing permits are required for residential buildings with four or fewer dwelling units.
Montana's state building-permit page separately states that residential buildings containing less than five dwelling units are exempt in the State's jurisdiction, except when serving transient guests.
Local requirements may still apply if the project is within a certified local-government jurisdiction.
residential dwelling units: <= 4 dwelling units (except when serving transient guests)
“In the State's jurisdiction, state law exempts the following from the need to obtain state building permits: [...] residential buildings containing less than five dwelling units (except when serving transient guests)”
One more reviewed finding on this topic
Required — Non-residential buildings and residential buildings with five or more dwelling units in Fallon County, including areas outside the City of Baker and Town of Plevna where the State of Montana administers building permits.
“A State of Montana Building Inspector issues building permits for Fallon County, including the City of Baker and Town of Plevna, and 13 other counties in the region. Building permits are required for all non-residential buildings and residential buildings with five or more dwelling units.”
Owner-builder exemption · follows from the permit answerNot needed
Unincorporated Fallon County: no county building permit is required, so there is no permit to be exempt from and you may build your own home. State licensing for electrical, plumbing and HVAC work may still apply.
The Fallon County Growth Policy states that only state-issued electrical and plumbing permits are required for residential buildings with four or fewer dwelling units.
Montana's state building-permit page separately states that residential buildings containing less than five dwelling units are exempt in the State's jurisdiction, except when serving transient guests.
“In the State's jurisdiction, state law exempts the following from the need to obtain state building permits: [...] residential buildings containing less than five dwelling units (except when serving transient guests)”
Building code adoptedNot adopted (with conditions)
Local building-code adoption and enforcement by Fallon County, including the county area outside certified local jurisdictions.
The official county hazard-mitigation addendum states that Fallon County, the City of Baker, and the Town of Plevna do not implement or enforce local building codes.
Local jurisdictions may enforce building, electrical, plumbing, or mechanical codes only if certified by Montana’s Building Codes Program.
Areas that do not enforce their own codes are subject to the Montana Building Codes Program.
The Fallon County Growth Policy states that a State of Montana Building Inspector issues permits for Fallon County, including Baker and Plevna.
State building permits are required for all non-residential buildings and residential buildings with five or more dwelling units; for residential buildings with four or fewer dwelling units, only state-issued electrical and plumbing permits are required, according to the Growth Policy.
residential building permit threshold: 5 or more dwelling units (For residential buildings with four or fewer dwelling units, only state-issued electrical and plumbing permits are required.)
“Neither the County, City of Baker, or Town of Plevna implement or enforce local building codes. However, the State of Montana has adopted and enforces the following range of building codes:”
InspectionsRequired
Projects in Fallon County for which a state building permit is required and which are administered by the State Building Codes Bureau.
The permit holder must notify the inspector when work is ready for inspection and provide access for required inspections.
The permit holder must call the building inspector at least 24 hours before a requested inspection.
The inspector has 72 hours from notification to perform the requested inspection.
Projects exempt from the state building-permit process are outside this claim.
“It is the responsibility of the permit holder to call the building inspector at least 24 hours before a requested inspection, and that the inspector have 72 hours from the notification to perform the requested inspection.”
County-wide zoningAbsent (with conditions)
General countywide zoning in Fallon County, including unincorporated rural areas.
Fallon County has subdivision regulations, a growth policy, airport-affected-area controls, floodplain regulations, and limited workforce-housing zoning; these are not a general countywide zoning ordinance.
As of the August 2026 county commission discussion, the growth policy did not give the County the option to consider development regulations, and adoption of interim development regulations would require a study.
“The County has no zoning but does have Subdivision regulations; growth policy, airport affected area, workforce housing zoning (when TransCanada was in place); flood plains; the lower dam, etc.”
Local zoningVaries (with conditions)
Local zoning and comparable land-use controls across Fallon County, including incorporated Plevna, Baker-related airport-affected-area land, and the unincorporated county.
The countywide result aggregates rules administered by different local authorities and does not mean Fallon County administers every local ordinance.
The Town of Plevna has its own zoning ordinance within its corporate limits.
The Baker Municipal Airport affected area is only partially within Fallon County and is administered by a joint airport affected area board.
Official county minutes dated August 24-28, 2026 describe countywide and extraterritorial zoning as matters under discussion rather than documenting adoption of a general countywide zoning ordinance.
“Discussed extraterritorial zoning agreement with the City of Baker; discussed possible zoning that would be across Fallon County.”
Zoning districtsPartial
Aggregate of zoning controls identified for Fallon County and its incorporated jurisdictions; the county-administered workforce-housing zoning applies only in unincorporated areas, while Plevna has separate municipal zoning.
The workforce-housing zoning regulations exclude the City of Baker and Town of Plevna.
The county planning page separately publishes Plevna Zoning Regulation and Baker Airport Affected Area Regulations.
The county's August 2026 planning minutes state that the Growth Policy would need updating before the County could establish general county zoning; therefore this claim does not treat the county as having comprehensive countywide zoning.
“Workforce housing facilities shall be permitted, upon review and approval of a conditional use permit application and after demonstrating compliance with these regulations, in the unincorporated areas of Fallon County that fall under the jurisdiction of the Fallon County Commissioners, excluding incorporated areas as follows: City of Baker and the Town of Plevna.”
SetbacksSpecified
Subdivision development and building locations in Fallon County subdivisions containing or near wetlands, rivers, streams, lakes, ponds, or reservoirs, unless locally adopted zoning supplies applicable waterbody setback standards.
The wetland rule applies to subdivisions containing or in close proximity to wetlands.
Where wetlands are delineated, the minimum building setback is 130 feet from the wetland, including a 100-foot vegetated buffer.
The waterbody rule applies to subdivisions containing or in close proximity to water bodies.
Unless locally adopted zoning includes standards, the listed county subdivision setbacks apply.
No construction of homes or subdivision improvements is allowed within the total building setback except water-dependent facilities and qualifying roads and utilities.
If the riparian area extends beyond the required vegetated buffer, the buffer must be extended to encompass the riparian area.
Within 100-year floodplains, the more restrictive standard applies where there is a conflict.
A channel migration zone study may extend the setback; the vegetated buffer may be reduced below the minimum where the channel migration zone encompasses cropland.
Water-dependent agricultural and qualifying water-dependent recreation facilities may be located within the total setback.
Road and utility construction is exempt only when there is no other practical route to access the subdivision and must satisfy the stated construction standards.
A management plan is required where roads or other improvements are proposed in a riparian area.
Variances require findings that the hardship was not created by the applicant, the variance will not adversely impact specified resources, and the variance is as small as reasonably possible.
wetland minimum building setback: 130 ft (Includes a 100-foot vegetated buffer.) · river total building setback: 300 ft (50-foot structural setback plus 250-foot vegetated buffer.) · perennial stream total building setback: 200 ft (50-foot structural setback plus 150-foot vegetated buffer.) · intermittent stream, lake, pond, or reservoir total building setback: 130 ft (30-foot structural setback plus 100-foot vegetated buffer.)
“Where wetlands have been delineated, the minimum building setback is 130 feet from the wetland”
One more reviewed finding on this topic
Specified — Subdivisions in Fallon County that contain or are in close proximity to rivers, streams, lakes, ponds, or reservoirs, unless locally adopted zoning provides applicable waterbody setback and buffer standards.
“Unless locally adopted zoning includes standards for building setbacks from water bodies and requirements for vegetated buffers, the required building setback and buffer standards are as shown in Table 1 below. [...] River 50 250 300 Perennial Stream 50 150 200 Intermittent Stream, Lake, Pond or Reservoir 30 100 130”
Tiny homesUnrestricted
Tiny-home occupancy under county land-use zoning in unincorporated Fallon County.
The county statement concerns zoning only; subdivision regulations, growth policy, airport affected-area rules, workforce-housing zoning where applicable, floodplain rules, building or electrical requirements, septic, health, and other applicable laws may still apply.
The source does not address incorporated City of Baker or Town of Plevna zoning.
“The County has no zoning but does have Subdivision regulations; growth policy, airport affected area, workforce housing zoning (when TransCanada was in place); flood plains; the lower dam, etc.”
Who permits septicCounty
Residential onsite septic systems in Fallon County, including unincorporated areas.
Montana's official homeowner guide states that residential septic systems are approved by the local Health Department.
Fallon County identifies its Sanitarian within the county Sanitation/Environmental Health office as the county contact for environmental health matters and questions regarding septic systems.
“All residential septic systems are approved by your local Health Department. Prior to installation. Contact the County Sanitarian for questions regarding your system.”
Septic permitRequired
Wastewater treatment and septic-system approval for subdivisions in Fallon County, including unincorporated areas and the jurisdictions covered by the joint subdivision regulations.
For subdivision lots less than 20 acres, wastewater treatment and disposal must comply with Montana DEQ design standards in ARM 17.36.320–17.36.327.
For subdivision lots 20 acres or greater, the subdivider must demonstrate at least one septic-system area and replacement drainfield area per lot before final plat approval.
For existing systems on lots 20 acres or greater, documentation must show compliance with local health department standards; if no written standards exist, the system must be functioning properly, be permitted or established before state permitting requirements, and have adequate space for the water source, septic system, and replacement drainfield.
The governing body may not approve a final plat unless DEQ has approved subdivisions with lots less than 20 acres and the local health department has approved subdivisions with lots 20 acres or greater; approval must be filed with the final plat.
Public sewage systems require Montana DEQ review and approval. Shared, multiple-user, and public systems may also be subject to Montana Public Service Commission jurisdiction unless exempted by MCA 69-3-101.
lot-size threshold: < 20 acres (Lots 20 acres or greater follow local-health-department approval and septic-area requirements.) · lot-size threshold: >= 20 acres (Lots less than 20 acres follow Montana DEQ approval and ARM 17.36.320–17.36.327.)
“The governing body shall not approve a final plat unless the subdivision has been approved by DEQ for subdivisions with lots less than 20 acres and by the local health department for lots equal to or greater than 20 acres. The approval shall be filed with the final plat.”
Subdividing landRegulated (with conditions)
Subdivision of land within Fallon County's jurisdictional area, including the county's adopted subdivision-review system.
The regulations also cover the City of Baker and Town of Plevna; this claim identifies Fallon County as the county authority for the county jurisdictional area.
The regulations supplement other applicable laws, regulations, ordinances, and resolutions, including zoning, floodplain, building, development, and fire codes.
The regulations take effect upon adoption by the governing body through resolution or ordinance.
Violations are misdemeanors punishable by a fine of not less than $100 or more than $500, imprisonment in county jail for not more than 3 months, or both.
“Discussion/Decision to update the Subdivision Regulations for all jurisdictions on the following items:”
Driveway accessLimited
Approaches to Fallon County roads.
The form describes the permit as an approach to a county road.
The Commission may approve with or without conditions.
The application is submitted to the Clerk and Recorder with the $150 fee; Commission and Road Superintendent/Foreman review and inspect it before agenda approval by the Board of County Commission.
Example conditions include a 36-inch CMP culvert and 150-foot site distance in each direction.
The permit may be modified, revoked, or suspended by the County.
approach permit fee: 150 USD · example culvert diameter: 36 inches (example condition stated on form) · example site distance: 150 feet each direction (example condition stated on form)
“Turn in to the Clerk and Recorder’s Office at - 10 W. Fallon Ave. – Baker, MT 59313, with the $150.00 fee.”
Building in a floodplainRequired
Development, artificial obstructions, nonconforming uses, and related construction in the Regulated Flood Hazard Area, including floodway and flood-fringe areas.
Floodway projects must not adversely affect flood hazards or reduce carrying capacity.
Floodway applications require an engineer-certified encroachment analysis unless the stated minimal or qualitative-analysis exception applies.
Floodway allowable encroachment is 0.00 feet unless the required regulated-area alteration and FEMA Conditional Letter of Map Revision occur before permit issuance.
Flood-fringe or no-floodway development is subject to a maximum 0.50-foot increase in Base Flood Elevation unless the required alteration and FEMA Conditional Letter of Map Revision occur before permit issuance.
Prohibited artificial obstructions under Section 6 remain prohibited.
floodway allowable encroachment: 0 feet increase to Base Flood Elevation (unless required regulated-area alteration and FEMA CLOMR approval occur before permit issuance) · regulated flood hazard area without floodway maximum encroachment: <= 0.5 feet increase to Base Flood Elevation (unless required regulated-area alteration and FEMA CLOMR approval occur before permit issuance)
“A Flood Plain permit application for a development that will cause an increase of more than 0.00 feet to the Base Flood Elevation of the Floodway or more than 0.50 feet to the Base Flood Elevation of the Regulated Flood Hazard Area without a Floodway shall not be approved until approval for an Alteration pursuant to Section 4.3 has been approved, the Regulated Flood Hazard Area is amended and a FEMA CLOMR where required is issued.”
Permit feesPublished (with conditions)
County floodplain, subdivision, buildings-for-lease-or-rent, workforce-housing, zoning-text-amendment, and survey-related fees published by Fallon County Planning.
The page identifies the county schedule as adopted 7-2026.
All fees are subject to applicable regulations.
Actual-cost charges include time and materials as determined by the Planning Department.
Non-compliance fees state that all review fees will be doubled when development starts before governing-body conditional approval or approval.
Some listed fees are specifically for City of Baker or Town of Plevna matters and are not treated as countywide fees.
“Floodplain Permit | $750 [...] Preliminary Plat- Minor | $500 + $25/lot [...] Preliminary Plat- Major | $1,500 + $25/lot”
Permit processPublished (with conditions)
Floodplain permit applications in Fallon County's Regulated Flood Hazard Area.
A permit is required for establishment, alteration, substantial improvement, reconstruction, or repair described in the regulation, except Section 5 exemptions and Section 6 prohibitions.
Applications must include a completed and signed application, required review fee, scaled plans, copies of applicable state or federal permits or pending applications, and additional use-specific information.
The Floodplain Administrator approves, conditionally approves, or denies within 60 days after receipt of a correct and complete application.
Complete applications require newspaper publication, first-class notice to adjacent property owners, and notice to the State National Flood Insurance Program Coordinator; comments must be allowed for at least 15 days.
Completeness does not guarantee approval and additional information may be requested.
decision deadline: 60 days (after receipt of a correct and complete application) · public-comment period: >= 15 days minimum
“The Floodplain Administrator shall review and evaluate the Floodplain permit application and shall approve, approve with conditions, or deny the application within 60 days of receipt of a correct and complete application.”
Montana rules that apply here
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.”
Living in an RVLimited
RV, camper-trailer, and other trailer overnight use for general recreation on legally accessible Montana state trust land administered by DNRC.
A Conservation License is required for dispersed camping on state trust land.
RV or trailer camping must be within 50 feet of a customary access point; motorized vehicles must be parked within 50 feet of a customary access point, and the camper or trailer may not be set up farther away by driving beyond that point.
On leased or licensed land, the stay limit is 2 days.
On unleased or unlicensed land, the stay limit is 16 days within a 30-day period.
Within a designated campground, the stay limit is 16 days within a 30-day period.
The local DNRC field office should be contacted to confirm whether land is leased.
Pets must be leashed or otherwise controlled.
Overnight horses must be restrained, may not remain in a stream riparian zone for more than one hour, and must use certified weed-seed-free feed.
Campfires are generally permitted within designated campgrounds and on unleased or unlicensed land but are not allowed on leased land.
Cutting firewood requires a separate permit from the local DNRC field office, and fireworks are not allowed on state land.
State Parks, Fishing Access Sites, and Wildlife Management Areas are managed by Montana Fish, Wildlife and Parks rather than under this DNRC camping page.
RV/trailer distance from customary access point: <= 50 ft (Motorized vehicles must be parked within 50 feet; the page states the camper or trailer may not be driven farther to set it up.) · maximum stay on leased or licensed land: 2 days · maximum stay on unleased or unlicensed land: 16 days within a 30-day period · maximum stay within designated campground: 16 days within a 30-day period
“TRAILER/RV etc. Camp within 50 ft of a customary access point. Motorized vehicles must be parked within 50 ft of a customary access point. You may not drive further to set up a camper or trailer.
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”
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
Non-sewer on-site sanitation systems in Fallon County subject to Montana subdivision sanitation rules.
All systems must comply with DEQ Circular DEQ-4, DEQ-2, or another applicable department circular.
Pit privies may not be used for new systems, although they may be used as replacement systems subject to DEQ-4 limitations.
Cesspools are prohibited as new or replacement systems.
Holding tanks generally may not be used for new systems, subject to specified department waivers.
Sealed pit privies are limited to qualifying government facilities or facilities where DPHHS authorizes their use.
The sources reviewed did not establish a Fallon County-specific composting-toilet rule.
“Cesspools are prohibited as new or replacement systems.”
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.”
2 more reviewed findings on this topic
Limited — New or expanded groundwater uses and wells in Fallon County under Montana water-rights law.
“Beginning Jan. 1, 2026, water users who intend to develop water use through a permit exception must file a Notice of Intent”
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.”
Mandatory utility hookupConditional
New water-supply and sewage-disposal facilities in a proposed subdivision in Fallon County.
Connection is required when any subdivision boundary is within 500 feet of any component of a qualifying public system.
The public system must meet the requirements in ARM 17.36.328(2)(a) and (b).
The department may grant a waiver if connection is physically or economically impractical or easements cannot be obtained.
Connection is economically practical when its construction cost is less than or equal to three times the cost of constructing approvable systems on the site.
public-system proximity: <= 500 feet (Measured from any subdivision boundary to any component of the public system.) · economic-practicality multiplier: <= 3 times (Connection construction cost compared with approvable on-site systems.)
“if any boundary of the subdivision is within 500 feet of any component of the public system”
Agricultural exemptionAvailable (with conditions)
Farm and ranch buildings in areas under Montana state building-permit jurisdiction, including potentially unincorporated Fallon County areas not covered by a certified local government program.
The exemption applies in the State's jurisdiction.
It is an exemption from the state building-permit requirement, not authorization to violate other applicable laws or to avoid sanitation, electrical, plumbing, mechanical, fire, floodplain, airport, subdivision, or local requirements.
Residential buildings containing fewer than five dwelling units and certain other structures have separate listed exemptions and exceptions.
“In the State's jurisdiction, state law exempts the following from the need to obtain state building permits:”
Short-term rentalsLimited
Short-term rentals, including Airbnb and VRBO tourist homes, offered in Fallon County.
Montana treats tourist homes and short-term rentals as public accommodations subject to public-accommodation rules and laws.
Plans for public accommodations are reviewed by the county sanitarian.
Short-term rental marketplaces and online hosting platforms must collect, report, and pay Montana lodging taxes for platform-facilitated sales; sales outside those platforms remain the taxpayer's responsibility.
The cited state sources do not establish a county-specific land-use approval, occupancy limit, or prohibition for Fallon County.
lodging facility sales and use tax: 8 percent (The Department of Revenue page states the combined tax is 4% use tax plus 4% sales tax.)
“Public accommodations include (but are not limited to) hotels, motels, bed and breakfasts, and tourist homes/short-term rentals such as Airbnb's and VRBO's.”
One more reviewed finding on this topic
Limited — Short-term rentals operated in Montana.
“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.”
Inside cities and towns in Fallon County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Zoning districtsPublished
Zoning districts and standards within the incorporated Town of Plevna.
The ordinance applies to the Town of Plevna and is not a countywide zoning ordinance.
Permitted uses require a Zoning Conformance Permit and compliance with applicable ordinance standards.
Conditional uses require a Conditional Use Permit and Board of Adjustment findings.
“The purposes and intent of this Article are to describe the various zoning districts and establish the allowed uses, dimensional standards and other standards that govern development in each district.”
One more reviewed finding on this topic
Partial — Published zoning material for the Town of Plevna within Fallon County.
“Except as otherwise expressly stated herein, this Ordinance applies to all developments, public and private, within the corporate limits of the Town of Plevna to the extent allowed by law.”
Living in an RVLimited
Recreational-vehicle occupancy in the Town of Plevna, particularly recreational vehicle parks in the C-2 Commercial–RV Park District.
RV parks must undergo both zoning and subdivision review.
State Department of Public Health and Human Services, Department of Environmental Quality, and other applicable state requirements apply.
Each space must have electric, water, sewage, gas, and telephone connections in compliance with Town codes.
Units must be set back at least 15 feet from adjacent structures.
A recreational vehicle may not be parked on a public or private street for more than 24 hours.
Required permits and Town inspections apply.
minimum setback from adjacent structures: >= 15 feet (Each recreational-vehicle-park space.) · maximum street parking duration: <= 24 hours (Recreational vehicles.)
“Recreational vehicle parks are included in the state classification of land subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be reviewed under both zoning and subdivision regulations.”
One more reviewed finding on this topic
Limited — RV parks in the Town of Plevna Commercial–RV Park (C-2) zoning district
“Conditional Automotive & Boat Sales & Service Marijuana Dispensary Sexually Oriented Business Hospital or Medical Clinic Mobile Home Courts Veterinary Clinic RV Parks”
Camping on your landAllowed
Campgrounds in the Town of Plevna Agricultural (AG) zoning district
The use is listed as permitted in the AG district.
All uses must comply with the district's dimensional standards and Article 11.11.0 standards of general applicability.
This claim concerns the incorporated Town of Plevna only, not unincorporated Fallon County.
“Public Parks & Recreation including Campgrounds”
One more reviewed finding on this topic
Limited — Temporary occupancy by recreational vehicles in Town of Plevna recreational vehicle parks.
“temporary occupancy by recreational vehicles”
Manufactured homesAllowed
Manufactured homes in the Town of Plevna Agricultural (AG), Residential (R-1), and Multi-Family Residential (R-2) zoning districts
The cited permitted-use tables expressly list Manufactured Home in the AG, R-1, and R-2 districts.
The Plevna ordinance defines a manufactured home as a residential structure assembled off-site after January 1, 1976, designed for permanent habitation, and not intended to be attached to a permanent foundation.
All applicable district dimensional standards and general applicability standards still apply.
manufactured-home definition cutoff: January 1, 1976
“AG District [...] Permitted [...] Manufactured Home. [...] R-1 District [...] Permitted [...] Manufactured Home [...] R-2 [...] Permitted [...] Manufactured Home”
Accessory dwellingsAllowed
Accessory Dwelling Units, defined as Guest Houses, in the Town of Plevna R-1 and R-2 districts.
The unit may be attached to the principal dwelling with independent access or located in a separate building on the same lot.
The Guest House must comply with dimensional standards applicable to the principal building.
It cannot be sold separately from the principal dwelling or property.
It must be on a permanent foundation; manufactured homes, travel trailers, RVs, and similar temporary or transportable structures cannot be approved as Guest Houses.
No more than one Guest House may be located on a lot, tract, or parcel.
The Guest House cannot contain a Home Occupation.
At least one off-street parking space is required.
maximum gross floor area: <= 1200 square feet (Each Guest House.) · maximum Guest Houses per lot, tract, or parcel: <= 1 · minimum off-street parking spaces: >= 1 space (Each Guest House.)
“Accessory Building Guest House; See Section 11.10.22D”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Minimum dwelling size — Minimum floor area or minimum dwelling size for residential dwellings in unincorporated Fallon County.
Minimum lot size — Minimum lot size for residential lots in unincorporated Fallon County.
Septic inspection — Routine or construction inspection of individual septic systems in Fallon County.
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.
Water rights & wells in Fallon County
Whether a new home can legally get its own water here — the sub-state groundwater regime, from Montana’s water agency.
Over-appropriated / declining
The aquifer here is over-appropriated and declining. A domestic well is usually still permit-exempt, but long-term supply is a genuine risk.
Household wellExempt up to a limit
Montana's exempt-well exception (85-2-306 MCA) was tightened after Upper Missouri Waterkeeper v. DNRC (2024), and from Jan 1, 2026 appropriators must file a Notice of Intent with DNRC before putting exempt groundwater to use.
Limit: 35 gpm or less AND ≤10 acre-ft/yr; a combined appropriation exceeding 10 acre-ft needs a permit regardless of flow rate
South Pine Controlled Groundwater Areapartial of county
Eastern-Montana CGWA over the stressed Fox Hills-Hell Creek aquifer; new groundwater appropriations require a permit and no increases in flow rate are allowed.
Prior-appropriation state (first in time, first in right). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the Montana state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.
Living off-grid in Fallon County, Montana
Is Fallon County a good place to live off-grid or homestead?
Fallon County scores 47/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 35 people within a 30-minute drive and low administrative friction for a quiet rural property. Watch-outs: thin water margin (15.5″/yr rainfall) and elevated current hazard exposure.
Do you need a building permit in Fallon County, Montana?
Fallon County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Fallon County Sanitation / 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.
Can you live in an RV or tiny home on your land in Fallon County?
Living in an RV on your own land in Fallon County is limited to specific cases: Statewide rule. RV, camper-trailer, and other trailer overnight use for general recreation on legally accessible Montana state trust land administered by DNRC. A Conservation License is required for dispersed camping on state trust land. RV or trailer camping must be within 50 feet of a customary access point; motorized vehicles must be parked within 50 feet of a customary access point, and the camper or trailer may not be set up farther away by driving beyond that point. A tiny home is allowed. Confirm with the county before relying on it.
How much does land cost in Fallon County, Montana?
Land in Fallon County runs about $1,043 per acre, based on the latest county data.
What is the water situation in Fallon County?
Fallon County gets about 15.5" of rain a year, with severe drought in roughly 13.4% of years. On water rights, Fallon County lies in the South Pine Controlled Groundwater Area — Eastern-Montana CGWA over the stressed Fox Hills-Hell Creek aquifer; new groundwater appropriations require a permit and no increases in flow rate are allowed..
How remote is Fallon County?
A representative private-land location has about 35 people within a 30-minute drive and 15,220 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.
