Bolthole Index

Madison County, Montana

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

69Index Score / 100
#17 of 56 in Montana

Madison County, Montana handles its construction/demolition permit through the Madison County Sanitarian, so ask that office whether the permit applies to your project1. Most private homes are exempt from the separate state building permit2. Countywide zoning could not be confirmed, though subdivision rules and airport-area controls can still affect a parcel34. Septic permits also come from the Sanitarian5.

At a glance

County construction permit
Required for qualifying construction or demolition projects through the Madison County Sanitarian6
State building permit
Most private homes are exempt unless used for transient guests2
Zoning
Countywide zoning could not be confirmed; subdivision rules apply and localized zoning may affect a parcel78
Septic permit
Required for new, repaired, replaced or altered wastewater systems, subject to limited exceptions9
RV living
A countywide rule could not be confirmed; ask the Planning Office and Sanitarian before occupying an RV310
Tiny homes
No specific countywide occupancy rule was confirmed; parcel zoning and wastewater approval still need review311
Owner-builder
Contractor licensing may be exempt; an owner doing the plumbing personally may also avoid a state plumbing permit under strict personal-use conditions1213
Private well
Smaller groundwater uses avoid a permit application but require state notice and completion filings14

Who to call

Septic permits

Madison County Sanitarian

Madison County construction/demolition permits and wastewater-system permits

(406) 898-4338

ksmart@madisoncountymt.gov

7 Placer Loop, Virginia City, MT 59755

Planning & zoning

Madison County Planning Office

Subdivision review, planning, land-use questions and floodplain information

(406) 898-4331

planning@madisoncountymt.gov

7 Placer Loop, Virginia City, MT 59755

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Off-grid gear

Going off-grid in Madison County means bringing your own water and power. The kit we’d start with:

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

Madison County directs property owners to ask the Sanitarian whether a construction or demolition project requires the county's Construction/Demolition permit; the county source does not say that every project needs a general building permit15. Madison County's construction/demolition permit is its own requirement, separate from the state building permit, and the county source does not say it covers every project1. Construction/demolition fees vary by project size, and the application and payment go to the Sanitarian's Office1617.

Montana's adopted building codes apply statewide, but the state building permit is a separate requirement with exemptions182. State law exempts farm and ranch buildings, most residential buildings with fewer than five dwelling units unless they serve transient guests, and owner-use private garages or storage buildings outside a business2. The agricultural exemption is only from the state building permit, so it does not eliminate the county permit inquiry or septic rules19. Owner-builders should know that Montana's contractor-registration exemption for an owner working on the owner's own property is not a blanket exemption from building, sanitation, zoning or county construction/demolition requirements20. State-permitted work requires inspections, and the permit holder must notify the inspector when work is ready21.

Who handles Madison County building permits, and how do you reach them?

Madison County's local construction/demolition application goes to the Madison County Sanitarian rather than a conventional county building department17. The Sanitarian is at 7 Placer Loop, Virginia City, MT 59755, can be reached at (406) 898-4338, and lists ksmart@madisoncountymt.gov as its office contact22.

For subdivision status, possible localized zoning, land-use review and floodplain questions, contact the Madison County Planning Office at 7 Placer Loop, Virginia City, MT 59755, (406) 898-4331, or planning@madisoncountymt.gov10. Montana's 2024 International Building Code took effect September 26, 2026, subject to permit exemptions and certified local programs18. For a non-exempt project in state jurisdiction, submit construction plans and the state application, resolve plan-review comments, pay the fees and arrange inspections23.

Does Madison County, Montana have zoning?

A comprehensive countywide zoning system for unincorporated Madison County could not be confirmed3. County materials identify proposed citizen-initiated zoning districts in parts of the Raynolds Pass area, but do not establish countywide coverage or final dimensional standards7. Separately, inside the Airport Affected Areas around the Ennis Big Sky and Twin Bridges airports, a county Airport Affected Area permit must be obtained before certain uses, and one may be required depending on the proposed use, height or structural penetration4. Madison County also regulates subdivisions, so a general countywide answer does not establish what is allowed on a specific parcel8.

Ask the Planning Office to check the parcel for applicable local zoning, subdivision plat conditions, covenants, airport-area rules or other recorded development limits before choosing a house site10. Land created under the agricultural-use division exemption must remain exclusively agricultural; another use triggers subdivision review, and residential, commercial or industrial structures cannot be erected unless the covenant is revoked through that review8. For a subdivision without zoning that sets density or minimum lot size, those standards are established in consultation with local and state health authorities rather than by one numerical countywide minimum24. Construction near water is limited by the county's subdivision regulations: the minimum setback from the Madison River is 500 feet, from the Big Hole, Jefferson, Ruby, Beaverhead and South Boulder rivers at least 150 feet, and from other water bodies at least 100 feet, each measured from the ordinary high-water mark, with a variance needed for any change25. Minimum dwelling size, other setbacks, lot coverage and building height remain parcel-specific questions for Planning310.

How do septic permits work in Madison County?

A permit is required for every septic or wastewater-treatment system installed in Madison County, and a Madison County Licensed Installer must perform the installation9. Applications go to the Madison County Sanitarian and require the county form, a site plan, applicable environmental documentation and a nonrefundable fee2627. Published fees are $300 for a standard conventional system, $400 for an advanced alternative system, $600 for an experimental system and $200 for a replacement system16.

Madison County must inspect a regulated wastewater system before any portion is backfilled unless the department gives specific permission, and the applicant or installer must request the inspection at least 24 working hours before completion28. The department's response period is 10 working days for a complete standard application and 30 calendar days for specified multi-user, public subsurface or engineering-review systems27. Only 16.3% of county soils are rated without severe limitations for a conventional drain field, so settle wastewater feasibility early29.

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

Madison County's countywide rules for long-term RV occupancy, temporary camping on private land and tiny-home occupancy could not be confirmed3. Do not treat the absence of a confirmed countywide rule as permission: ask the Planning Office whether localized zoning, subdivision conditions or other parcel-specific restrictions apply310.

The wastewater question is clearer than the occupancy question. A tiny home or occupied RV that relies on a new, repaired, replaced or altered wastewater treatment system falls within Madison County's local permit framework, subject to the regulation's stated exceptions11. Separately, Madison County's Buildings for Lease or Rent Regulations apply countywide to structures used for housing, including spaces where RVs or mobile homes are placed for rent; the first three or fewer such buildings on one tract need sanitation or health review when state law requires it, and further buildings need review and approval by the governing body30. Those rules do not name tiny homes specifically, so they matter mainly if you plan to rent a unit out30. The county materials also do not establish a complete rule for every off-grid sanitation alternative, so discuss the proposed toilet, wastewater and water setup with the Sanitarian before buying equipment or moving onto the parcel3122. A Montana rule limiting stays at state public-use sites does not answer whether residential RV use is allowed on private land32.

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

  1. Ask the Planning Office to confirm the parcel's subdivision status, any localized zoning and whether floodplain review is implicated73310.
  1. Contact the Sanitarian to determine whether the work needs Madison County's construction/demolition permit and obtain the application and fee amount1534.
  1. Establish wastewater feasibility, retain a Madison County Licensed Installer and submit the septic materials9.
  1. Determine whether the structure is exempt from the state building permit; most private homes and farm or ranch buildings are exempt219.
  1. If you will do your own trade work, confirm the state homeowner exceptions: an owner who personally installs plumbing in a home for personal use needs no state plumbing permit, but not for speculative resale or rental property, and plumbing standards still apply35; owner-performed wiring of the owner's home, garage and premises still requires a state homeowner's electrical permit and state inspection36.
  1. For a non-exempt structure, submit plans and the state application, pay the fees and arrange inspections2321.
  1. Schedule the septic inspection before backfilling the system28.

What should you check before buying land in Madison County?

Start with legal buildability: confirm subdivision history, agricultural-use covenants, localized zoning and floodplain status with the Planning Office8310. Land divided under the agricultural-use exemption must remain exclusively agricultural; residential, commercial or industrial construction requires the covenant to be revoked through subdivision review8. New development in a designated Special Flood Hazard Area requires local floodplain review, with permit details set locally37.

For a groundwater well using no more than 35 gallons per minute and 10 acre-feet per year, no permit application is required, but a Notice of Intent is required before use and well-log and completion filings follow development14. Only 16.3% of county soils are rated without severe limits for a conventional septic drain field, and 41.2% of county land has a slope of 15% or less2938. The effective property-tax rate is about 0.4%, with a median annual bill of about $1,8003940.

Watch-outs

  • A state building-permit exemption does not eliminate Madison County's separate construction/demolition permit; ask the Sanitarian before work begins4122.
  • Countywide answers do not resolve possible citizen-initiated zoning or recorded subdivision restrictions on a particular parcel; obtain a parcel review from the Planning Office7810.
  • Land within an Airport Affected Area near the Ennis Big Sky or Twin Bridges airports may need a county Airport Affected Area permit, variance or other review before building4.
  • The contractor-licensing owner-builder exemption and the narrower owner-performed plumbing exception do not waive applicable construction, inspection or septic requirements2013. Long-term RV, tiny-home and county-road driveway rules remain unconfirmed; ask the Sanitarian and Planning Office for written parcel-specific answers2210.

Sources

  1. Construction & Demolition, quoted and re-checked
  2. Building Permits, quoted and re-checked
  3. Madison County - Planning Office Publications/Regulations (2026 county census)
  4. Madison County Airport Affected Area Regulations, quoted and re-checked
  5. Septic System Information, quoted and re-checked
  6. Construction & Demolition, quoted and re-checked
  7. Public/Legal Notices, quoted and re-checked
  8. Planning Regulations and Plans, quoted and re-checked
  9. Septic System Information, quoted and re-checked
  10. Madison County Planning Office (madisoncountymt.gov)
  11. Septic System Information, quoted and re-checked
  12. Montana Code Annotated, Title 37, Chapter 45, Construction Contractors (Montana statewide rule), quoted and re-checked
  13. Plumbing Permits, quoted and re-checked
  14. Groundwater permit exceptions, quoted and re-checked
  15. Construction & Demolition, quoted and re-checked
  16. Madison County Construction & Demolition Application/Permit, quoted and re-checked
  17. Construction & Demolition, quoted and re-checked
  18. Current Codes, quoted and re-checked
  19. Building Permits, quoted and re-checked
  20. Montana Code Annotated, Title 37, Chapter 45, Construction Contractors, quoted and re-checked
  21. Building Permits, quoted and re-checked
  22. Madison County Sanitarian (madisoncountymt.gov)
  23. Building Permits (Montana statewide rule), quoted and re-checked
  24. Madison County Subdivision Regulations – Ordinance 1-2025, quoted and re-checked
  25. Madison County Subdivision Regulations – Ordinance 1-2025, quoted and re-checked
  26. Madison County Wastewater System Regulations, quoted and re-checked
  27. Construction & Demolition, quoted and re-checked
  28. Madison County Wastewater System Regulations, quoted and re-checked
  29. 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
  30. Madison County Buildings for Lease or Rent Regulations (2026), quoted and re-checked
  31. Septic System Information (2026 county census)
  32. Public Use Rules and Regulations (Montana statewide rule), quoted and re-checked
  33. madisoncountymt.gov, quoted and re-checked
  34. Construction & Demolition, quoted and re-checked
  35. Plumbing Permits, quoted and re-checked
  36. Electrical Permits, quoted and re-checked
  37. Stream Permitting (Montana statewide rule), quoted and re-checked
  38. Share of land at 15% slope or less: Bolthole Index county data
  39. Effective property tax rate: Bolthole Index county data
  40. Median property tax bill: Bolthole Index county data
  41. Building Permits, quoted and re-checked

Written October 9, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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Compared with neighboring counties

Unlike 4 of its 6 neighbors, Madison County requires a building permit only in limited cases.

RuleMadison CountyGallatin CountyBeaverhead CountySilver Bow CountyJefferson CountyPark CountyBroadwater County
Building permitLimitedLimitedNot requiredRequiredLimitedNot requiredNot required
County zoningNoYesNoYesYesYesNo
Septic permitsCounty SanitarianGallatin City-County Health Dept.Beaverhead CountyButte-Silver Bow Env. Health Div.County Env. HealthCounty Env. Health Dept.County Env. Health

County locator

Madison County in Montana

69
County map
Madison County highlighted among the Montana counties · colored by Index score

How Madison County scores

Seclusion86100% ev.
Self-Sufficiency43100% ev.
Admin Boringness7090% ev.
Durability38100% ev.
Property Autonomy83100% ev.
Carry Cost70100% 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 →

$756kTypical home
0.4%Property tax
$2,757Land / acre
23"Annual rain
16.2% of yrsSevere drought
0.3 / yr (+0.2)Mid-century 100°F days
18.1 daysMid-century dry spell
1.04" (+5.7%)Mid-century 1-day rain
1.23×Wildfire change factor
100%Forward climate coverage
$2,234Home insurance / yr
3.4% / yrInsurance growth
1.03%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
2,767Radius comparison (15 mi)
2.7People / sq mi
48%Federal land
41.2%Land at 15% slope or less
16.3%Soils rated "not limited" for septic (strict USDA rating)
361,826 acWorkable land screen
41.9%Wooded land
29.1 tonsBiomass / forest ac
39.9°FAvg temp

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Cities and towns in Madison 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: Town of Virginia City

Answers from the rulebook for Madison County

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

Madison County rules

  • Building permitLimited

    Construction and demolition projects in Madison County subject to the county Construction/Demolition permit administered by the Madison County Sanitarian

    • The county page directs property owners to inquire whether a Construction/Demolition permit is required; it does not establish that every construction project requires one.
    • Ordinance 2-2006 identifies the project categories, fees, and penalties, but its exact text was not successfully opened during this run.
    • This claim concerns the county Construction/Demolition permit and does not establish a general building-construction permit requirement.
    “it is the responsibility of property owners to inquire whether a Construction / Demolition permit from the Madison County Sanitarian needs to be obtained.”
    2 more reviewed findings on this topic
    • Limited — Madison County Construction/Demolition permits for construction or demolition projects; this is distinct from the state building-code permit process.
      “Before beginning a construction or demolition project in Madison County, it is the responsibility of property owners to inquire whether a Construction / Demolition permit from the Madison County Sanitarian needs to be obtained.”
    • Limited — Construction and demolition projects in Madison County.
      “whether a Construction / Demolition permit from the Madison County Sanitarian needs to be obtained.”
  • Local zoningPresent (with conditions)

    Land uses, structures, and development within the Airport Affected Areas for Madison County's Ennis Big Sky and Twin Bridges Airports.

    • The regulations apply only within the designated Airport Affected Areas and only to the portion of a use, structure, action, or activity located within the affected area when property crosses the boundary.
    • Madison County is exclusively responsible for administration and enforcement in the affected areas.
    • The regulations were adopted August 11, 2014 by the Madison County Board of Commissioners under Resolution 30-2014.
    • An Airport Affected Area permit, variance, special exception, or other review may be required depending on the proposed use, height, change of use, or structural penetration.

    adoption date: August 11, 2014 · structure threshold: >= 40 feet (The regulations define a structure as an object forty feet or taller; separate provisions may apply to other hazards or penetrations.)

    “Within the Airport Affected Area the Airport Affected Area Permit must be obtained from the Administration Officer before any person:”
  • Zoning districtsPartial

    Published information about zoning districts affecting portions of Madison County.

    • The county public notice describes proposed citizen-initiated zoning districts in specified Raynolds Pass areas.
    • The notice does not establish that zoning districts cover the entire county or provide final dimensional standards.
    “located in the Raynold’s Pass area of Madison County”
  • Minimum lot sizeDistrict specific (with conditions)

    Minimum lot size and density for subdivisions reviewed under Madison County Subdivision Regulations Ordinance 1-2025.

    • Subdivision design and development must conform to applicable zoning or other regulations.
    • Where zoning regulations are not in effect establishing maximum densities or minimum lot sizes, maximum density and minimum lot size must be established in consultation with local and state health authorities, including the Office of Emergency Management.
    • The rule does not establish one numeric countywide minimum lot size.
    • Additional water, wastewater, DEQ, and local reviewing-authority requirements apply, including distinct requirements for lots below and above 20 acres.
    • The regulations were adopted April 1, 2025 and became effective May 1, 2025.

    minimum lot size: established through applicable zoning or, where zoning is absent, consultation with local and state health authorities · DEQ review threshold: < 20 acres (Subdivisions creating one or more parcels containing less than 20 acres require DEQ approval as a condition of final-plat approval.)

    “Where zoning regulations are not in effect establishing maximum densities or minimum lot sizes”
    One more reviewed finding on this topic
    • District specific (with conditions) — Minimum lot size in Madison County subdivisions where applicable zoning regulations do not establish minimum lot sizes.
      “minimum lot size must be established in consultation with local and state health authorities”
  • SetbacksSpecified

    All structures, subdivision improvements, utility installations, and construction activities subject to Madison County's 2025 subdivision regulations, with respect to water bodies.

    • The construction setbacks apply to all structures, subdivision improvements, utility installations, and construction activities.
    • Necessary permitted water-body crossings are exceptions when designed to address water quality; the regulation lists 124, 310, 318, and 404 permits as examples.
    • Any modification to the applicable setbacks requires approval of a variance request.
    • For the listed rivers other than the Madison River, the 150-foot setback is increased if the floodplain development permit stipulates a greater setback or the subdivider's environmental assessment identifies a need for a greater setback; the greater setback prevails.
    • Irrigation ditches are addressed separately under Section VI-M.

    Madison River setback: 500 feet from ordinary high-water mark · Big Hole, Jefferson, Ruby, Beaverhead, and South Boulder River setback: >= 150 feet from ordinary high-water mark (A greater setback may be required by a floodplain development permit or environmental assessment.) · all other water bodies setback: >= 100 feet from ordinary high-water mark

    “The minimum construction setback from the Madison River shall be 500 feet”
  • Tiny homesLimited

    A tiny-home-like structure used as a building for lease or rent on land within Madison County, when the structure meets the regulation's definition of a building.

    • The regulations apply to all lands within the jurisdiction of Madison County.
    • A building is defined as a structure or unit of a structure with a roof supported by columns or walls for permanent or temporary housing or enclosure of persons or property, and the definition includes multiple spaces for lease or rent on which recreational vehicles or mobile homes will be placed.
    • The first three or fewer buildings for lease or rent on a single tract that are not otherwise exempt require sanitation or health review when required by state law, and approval conditions must be recorded with the Madison County Clerk and Recorder.
    • All other buildings for lease or rent on a single tract require review and approval by the governing body.
    • The regulations do not abrogate other applicable zoning, building codes, private covenants, or floodplain regulations.
    • This claim does not establish a general county rule specifically naming or classifying tiny homes; it addresses the county's current lease-or-rent building process.

    review deadline after complete application: 60 working days (The timeframe may be extended by written mutual agreement of the applicant and Administrator.) · violation fine: <= 500 USD (A violation is a misdemeanor.)

    “a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing”
  • Who permits septicCounty (with conditions)

    Septic and wastewater-treatment systems installed in Madison County.

    • The county Sanitarian Office receives septic-permit submissions.
    • All wastewater systems must be installed by a Madison County Licensed Installer.
    “To obtain a septic permit the following must be submitted to the Madison County Sanitarian Office:”
    One more reviewed finding on this topic
    • County (with conditions) — Individual and multi-user wastewater treatment systems in Madison County.
      “It is with these criteria in mind that the Madison County Board of County Commissioners has adopted the following regulations.”
  • Septic permitRequired

    New, repaired, replaced, or altered wastewater treatment systems in Madison County.

    • Pre-October 15, 1991 systems must meet the regulation's Section 1.2 requirements.
    • A public sewage disposal system approved by Montana DEQ is an exception to the permitted-system requirement.
    • The application requires owner and applicant information, a Madison County licensed installer, legal description, structure and bedroom information, site plan, current DEQ approval or non-degradation analysis, and a nonrefundable fee.
    • The Department may determine a repair is minor enough not to require a permit.
    “It shall be unlawful for any person to construct a new wastewater treatment system or to repair, replace or alter an existing system within Madison County unless that person holds a valid permit issued by the Department for specific construction, repair, replacement and alteration proposed.”
    One more reviewed finding on this topic
    • Required — All septic systems or wastewater-treatment systems installed in Madison County.
      “A permit is required for all septic systems or wastewater treatment systems installed in Madison County. All wastewater systems shall be installed by a Madison County Licensed Installer.”
  • Septic inspectionRequired

    Wastewater treatment systems governed by Madison County Wastewater System Regulations

    • Inspection is required before back-filling all or any portion of the system unless the Department has granted specific permission.
    • The applicant or installer must request inspection at least 24 working hours before completion.
    • Inspections are conducted during normal working hours.
    • Final approval to backfill or complete the system is given only after inspection is completed.
    • If an individual system is not installed, inspected, and approved within 12 months after permit issuance, or a multi-user system within 24 months, the permit is voided.
    • A re-inspection fee is required before approval to backfill when deficiencies require re-inspection.
    • The 2026 regulations took effect February 26, 2026; complete applications received before that date continue under the old regulations.

    inspection request notice: >= 24 working hours · individual-system installation/inspection/approval deadline: 12 months after permit issuance (multi-user systems have a 24-month deadline)

    “All wastewater treatment systems governed by these regulations shall be inspected by the Department before back-filling [...] unless the Department has granted specific permission.”
    One more reviewed finding on this topic
    • Required — Wastewater treatment systems governed by Madison County's wastewater regulations.
      “All wastewater treatment systems governed by these regulations shall be inspected by the Department before back-filling all or any portion of said system, unless the Department has granted specific permission.”
  • Agricultural exemptionConditional

    Divisions of land outside platted subdivisions in Madison County made for agricultural use under the county subdivision-exemption regulations

    • The parties must enter a covenant running with the land requiring exclusive agricultural use.
    • If the divided land is used for anything other than agricultural purposes, it must go through subdivision review.
    • The exemption is intended for parcels used only for production of livestock or agricultural crops, with no residential, commercial, or industrial buildings requiring water or sewer constructed on the parcel.
    • Agricultural purposes include raising crops or livestock or preservation of open space, and exclude residential, commercial, and industrial uses and structures and facilities for commercially or industrially processing agricultural products.
    • The division must be outside any platted subdivision.
    • The division must be exempt from MDEQ sanitation review because it is for purposes other than constructing water-supply or sewage and solid-waste disposal facilities, and the exclusion must be invoked on the certificate of survey or conveyance instrument.
    • The certificate of survey or conveyance document must include the required agricultural covenant and signed, acknowledged recitation.
    • Any change to a non-agricultural use subjects the parcel to subdivision review; covered structures may not be used, constructed, or erected unless the covenant is revoked through subdivision review.
    • Review criteria include whether the exemption would divide a tract created through an exemption, involve an overall development plan, or create more than one remaining parcel of less than 160 acres.
    • Removal of the covenant is governed by Section 76-3-211, MCA; limited county-discretionary removal is available for restoration of original lot lines or qualifying public purposes, including water or wastewater facilities, with public hearing, written findings within 15 working days, and recording of the removal agreement.
    • Revocation does not affect sanitary restrictions imposed under Title 76, Chapter 4, MCA.
    “If the divided land is used for anything other than agricultural purposes, the land must go through subdivision review.”
  • Subdividing landRegulated (with conditions)

    Subdivision review and plat approval in Madison County.

    • A pre-application meeting is the stated first step.
    • Major and minor subdivisions have different review requirements; major subdivisions include additional public-hearing and environmental-assessment requirements.
    • The county Sanitarian reviews water and sanitation information for lots greater than 20 acres; DEQ reviews smaller parcels.
    • Final plat approval and recording are required before lots may be sold.

    major subdivision threshold: >= 6 lots or spaces/units · preliminary approval completion period: 3 calendar years (one-year extension may be granted by County Commission)

    “A major subdivision creates 6 or more lots”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision and divisions of land subject to Madison County Subdivision Regulations – Ordinance 1-2025.
      “If the divided land is used for anything other than agricultural purposes, the land must go through subdivision review.”
  • Permit feesPublished (with conditions)

    Madison County construction/demolition permits and wastewater permits.

    • Construction/demolition fees vary by square footage.
    • The wastewater regulations publish separate septic permit fees in Appendix A.
    • The construction/demolition application states Ordinance 2-2006 was effective and enforceable July 20, 2006.

    standard conventional wastewater system fee: 300 USD · advanced alternative wastewater system fee: 400 USD · experimental wastewater system fee: 600 USD · replacement wastewater system fee: 200 USD

    “Standard Conventional System $ 300.00 - Advanced Alternative System $ 400.00 - Experimental System $ 600.00 - Replacement System $ 200.00 -”
    One more reviewed finding on this topic
    • Published (with conditions) — Construction and demolition permit fees in Madison County.
      “Ordinance 2-2006 (PDF) outlines the fees for construction and demolition projects, describes which projects require a construction/demolition permit and the penalties involved if a permit is not obtained.”
  • Permit processPublished (with conditions)

    Madison County construction/demolition and wastewater permit processes.

    • Construction/demolition applicants submit the county application to the Sanitarian's Office with payment determined from the fee schedule.
    • Wastewater applications require the county form, applicable DEQ or non-degradation documentation, site plans, and a nonrefundable fee.
    • The wastewater Department responds within 10 working days for complete applications and within 30 calendar days for specified multi-user, public subsurface, or engineering-review systems.

    standard wastewater application response time: 10 working days (30 calendar days for multi-user, public subsurface, or engineering-review systems)

    “The Department shall respond within ten (10) working days from the date the completed application was filed. The Department shall respond within thirty (30) calendar days for multi-user wastewater treatment systems, public subsurface wastewater treatment systems, or those systems requiring engineering review.”
    One more reviewed finding on this topic
    • Partial — Madison County construction/demolition permit process and subdivision process.
      “The first step is to schedule a pre-application meeting with the County Planning Office.”
  • County-wide zoningAbsent

    Madison County regulates land through subdivision regulations and a 2025 Growth Policy rather than comprehensive county-wide zoning; unincorporated areas default to county subdivision regulations (localized citizen-initiated zoning may exist in specific areas).

    Madison County - Planning Office Publications/Regulations ↗Scouted from the county site, not yet independently re-checked

Montana rules that apply here

  • Owner-builder exemptionAvailable (with conditions)

    Owner-performed electrical wiring of the owner's home, garage, and premises in Madison County areas under Montana state electrical jurisdiction.

    • A state homeowner's electrical permit is required.
    • Inspections are conducted by State Electrical Inspectors.
    • All other electrical wiring projects require state electrical permits obtained by Montana licensed electrical contractors and wiring performed by a Montana licensed electrician.
    • The installer or owner must submit an electrical-permit application with applicable fees before starting electrical installation.
    • Electrical permit holders must request rough-in and final inspections and provide 48 hours' notice before covering work.
    • All wiring must meet the National Electrical Code.
    • Certified local governments may enforce the electrical code within their jurisdictional area; other areas fall under state jurisdiction.
    “A homeowner may wire his/her own home, garage and premises using a State homeowner's electrical permit.”
    4 more reviewed findings on this topic
    • Conditional — Owner-performed plumbing installation in Montana state plumbing-permit jurisdiction, including Madison County locations not governed by a certified local plumbing-code program.
      “Homeowners do not need to obtain a plumbing permit provided he/she is doing the plumbing installation themselves”
    • Available (with conditions) — Owner-performed plumbing installation in Madison County areas under Montana state plumbing jurisdiction.
      “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 contracting for work performed by a registered construction contractor, for purposes of Montana construction-contractor registration requirements.
      “to an owner working on the owner's property [...] but this exemption does not apply [...] promptly selling the improved property”
    • 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-adopted building codes applicable statewide, including Madison County except where a certified local government program has jurisdiction.
      “All of the codes listed below are amended and adopted by: Administrative Rules of Montana (ARM) Title 24, Chapter 301 International Building Code, 2024 Edition - Effective: September 26, 2026 International Residential Code, 2024 Edition - Effective: September 26, 2026”
    • Adopted — Montana-adopted building codes applicable within the state jurisdiction, subject to statutory exemptions and local certified-government programs.
      “International Building 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

    State building-code inspections for projects requiring a state building permit.

    • The state page states that exemptions apply, including residential buildings containing less than five dwelling units except when serving transient guests.
    • The permit holder must notify the inspector when work is ready and provide access for required inspections.
    • Local certified-government inspection programs may apply within their jurisdictional limits.
    “It is the responsibility of the permit hold to notify the inspector when work is ready for inspection and to provide access for required inspections.”
    2 more reviewed findings on this topic
    • Limited — Projects subject to Montana state building permits and required inspections.
      “notify the inspector when work is ready for inspection”
    • Limited — Buildings and other projects requiring permits under Montana state building-code jurisdiction; certified local governments may perform inspections within their certified jurisdictional areas.
      “The BC Program establishes and enforces statewide codes by issuing permits and performing inspections.”
  • 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.”
  • 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 — Groundwater wells and related groundwater developments in Montana, including Madison 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 ).”
    • 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.”
  • 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).”
  • 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.

  • Minimum dwelling size — Minimum floor area or dwelling size for residential structures in Madison County.
  • Lot coverage — Lot coverage in unincorporated Madison County.
  • Building height — Building height in unincorporated Madison County.
  • Camping on your land — Temporary camping on private land in unincorporated Madison County.
  • Off-grid sanitation — Off-grid sanitation systems in Madison County.
1 more unanswered
  • 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.

Water rights & wells in Madison 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

Montana DNRC — Water Rights Permit Exceptions (Exempt Wells) ↗
  • Yellowstone Compact Controlled Groundwater Areapartial of county

    NPS-Montana Compact CGWA covering drainages north/west of Yellowstone to protect the park's geothermal/water resources; new groundwater appropriations of any size require a DNRC permit (the 35-gpm exempt-well basis is suspended).

    Montana DNRC — Basin Closures and Controlled Ground Water Areas ↗

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 Madison County, Montana

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

Madison County scores 69/100 on the Bolthole Index, a strong county profile. Its strengths: deep seclusion — about 2,767 people within 15 miles and a stronger property-autonomy legal backdrop. Watch-outs: elevated current hazard exposure.

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

Madison County requires a building permit only in limited cases (such as floodplains or specific zones), and it has no county-wide zoning. Onsite septic is permitted by Madison County Sanitarian / 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 Madison County?

Living in an RV on your own land in Madison 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 limited to specific cases. Confirm with the county before relying on it.

How much does land cost in Madison County, Montana?

Land in Madison County runs about $2,757 per acre, based on the latest county data.

What is the water situation in Madison County?

Madison County gets about 23" of rain a year, with severe drought in roughly 16.2% of years. On water rights, Madison County lies in the Yellowstone Compact Controlled Groundwater Area — NPS-Montana Compact CGWA covering drainages north/west of Yellowstone to protect the park's geothermal/water resources; new groundwater appropriations of any size require a DNRC permit (the 35-gpm exempt-well basis is suspended)..

How remote is Madison County?

A typical private-land location has about 2,767 people within 15 miles and 355,789 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Madison compares in Montana

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