Building permits, zoning and land rules in McCone County, Montana
44Index Score / 100 #53 of 56 in Montana
In unincorporated McCone County, Montana, a single-family home generally does not need a state building permit unless a local ordinance or resolution requires one; ask the Board of Commissioners whether a local requirement applies12. Inside the Town of Circle, town construction approval applies3. Septic permits remain with the county sanitarian except for subdivision parcels under state sanitation authority, and we could not confirm current unincorporated zoning standards42.
At a glance
Building permit
Single-family homes generally exempt from state building permits; local requirements can apply. Circle has town construction approval13
Zoning
County says it is developing zoning; current unincorporated standards remain unconfirmed52
Septic permit
Required for a new or altered onsite system unless sewage goes to an approved public system6
Owner-installed septic
Allowed at the owner's residence without a contractor license; permit and inspection still apply78
RV or tiny home
Countywide rules are unconfirmed; Circle prohibits RVs in Class A residence districts9
Well water
Small-use exception available, but file a Notice of Intent with DNRC before use10
State-highway driveway
A controlled-access-highway connection needs written permission from the highway authority11
Septic soils
Only 19.3% of soils lack severe limits for a conventional drain field12
These are affiliate links — we may earn a commission, at no cost to you. As an Amazon Associate, Bolthole Index earns from qualifying purchases.
Do you need a building permit in McCone County, Montana?
A single-family home in unincorporated McCone County generally does not need a state building permit unless a local ordinance or resolution requires one; confirm any local requirement with the Board of Commissioners12. Montana has a uniform statewide building-code framework, but state building-permit exemptions include farm and ranch buildings, residential buildings with fewer than five dwelling units that do not serve transient guests, and qualifying private garages and storage buildings131415. Non-exempt construction, remodeling, moves and occupancy changes outside a certified local program require a state building permit before work starts15. Inside the Town of Circle, apply for town construction approval; the residential application fee is $50, starting before approval carries a $250 residential fine, and approval lapses if work does not begin within 365 days316. Circle onsite wastewater permits remain separate, with the county sanitarian unless state subdivision authority applies or sewage goes to an approved public system174.
Who handles building permits and inspections in McCone County?
For non-exempt work outside a certified local program, contact the Montana Building Codes Program at (406) 841-2056 or buildingcodes@mt.gov1815. Submit construction plans and a Building Permit/Plan Review Application; building-permit and plan-review fees must be paid before issuance, with plan review costing 35% of the building-permit fee15. For state-permitted projects, the building permit precedes related trade permits, and the permit holder must notify the inspector when work is ready and provide access1920. Circle applicants submit town construction applications, while electrical and plumbing permits are separate3. McCone County planning and land-division questions start with the Board of Commissioners at (406) 485-3500; the Planning Board reviews certificates of survey before filing221. Reach the county sanitarian through Public Health at (406) 485-2444, and floodplain questions through Disaster & Emergency Services at (406) 974-3505222324.
Does McCone County have zoning?
McCone County says it is developing zoning regulations, but that statement does not establish the absence of existing parcel restrictions; ask the Board of Commissioners which adopted rules apply to unincorporated land52. Circle’s Class A residence districts prohibit motor homes, fifth wheels and camper trailers9. A Class A dwelling needs at least 7,000 square feet of lot, with a front yard of 25 to 35 feet and side yards of at least 6 feet2526. Circle’s Class B minimum is 5,000 square feet for a single-family dwelling or duplex, plus 1,000 square feet for each additional family unit27. Class B front yards are 20 to 30 feet, rear yards at least 20 feet subject to exceptions, and side yards at least 6 feet, increasing for structures over 18 feet high28. These town standards do not establish setbacks or lot minimums for unincorporated McCone County; we could not confirm those standards or county minimum floor area, lot coverage and height limits28272.
How do septic permits work in McCone County?
McCone County regulates onsite wastewater systems countywide, except subdivision-created parcels under a Montana state agency's sanitation authority4. Montana DEQ sets subdivision sanitation standards and reviews covered subdivisions unless a certified local health authority conducts review29. For county-regulated property, a valid permit is required before constructing or altering a system unless sewage goes to an approved public system6. County permits are not required when sewage goes to an approved public system, and a connection to public sewer is required only when the sewer is within 500 feet of the property line, accessible and has capacity, and the existing on-site system has failed or violated county rules630. The county sanitarian decides a complete application within 20 working days, and inspects a completed owner-installed system within 6 working days of notice68. A homeowner may install septic for the homeowner’s own residence and property without a contractor license, but permits and wastewater rules still apply; the exemption does not cover building for sale, rent or lease7. Subdivision lots excluded through a no-facilities exemption need a Certificate of Subdivision Approval before adding facilities that require water or sewer, and local rules must also be met3132. Approved subdivision systems require inspection during installation and certification against the approval conditions33. Only 19.3% of county soils lack severe limits for a conventional drain field, so make site evaluation an early budget item12.
Can you live in an RV or tiny home in McCone County?
We could not confirm private-land occupancy rules for long-term RV living, temporary camping, tiny homes, manufactured homes or accessory dwellings in unincorporated McCone County; ask the Board of Commissioners before relying on any of those uses2. The statement that county zoning regulations are being developed does not prove those uses are unrestricted5. Inside the Town of Circle, motor homes, fifth wheels and camper trailers are prohibited in Class A residence districts9. Ask Land Planning which jurisdiction and parcel controls apply2. Private off-grid wastewater can use a compliant septic or drainfield system, but state and local sanitation requirements still apply34. McCone County may approve a sealed pit privy only where the facility has no piped water, while holding tanks are limited to seasonal use and carry additional conditions35. A tiny house does not bypass sanitation rules merely because the structure is small6.
What are the steps to build a home in McCone County?
Ask Land Planning whether the parcel is in unincorporated McCone County or Circle and whether subdivision conditions or developing county zoning affect it25.
Confirm the residential exemption; send covered, non-exempt work to the state building permit program before construction, while a Circle project needs the town's building permit193.
Arrange water. New or expanded groundwater use needs a water-right permit unless an exception applies; an exempt well still requires a Notice of Intent before use36.
Determine whether county septic rules or state subdivision sanitation review applies, then secure the required approval and inspection431.
Ask Disaster & Emergency Services whether the parcel lies in a designated Special Flood Hazard Area; covered development needs floodplain approval through the local administrator, including fill, roads and manufactured-home placement, with local fees and timelines varying24373839.
For a driveway onto a state highway, obtain an approach permit or right-of-way agreement from the Montana Department of Transportation; on a controlled-access highway, also get written permission from the highway authority and, except on an interstate, the local governing body4011.
What should you check before buying land in McCone County?
Before buying an agricultural tract in McCone County, check whether a recorded agricultural covenant limits the divided land to exclusive agricultural use; changing to another use normally triggers subdivision review, and the exemption retains surveying and applicable zoning requirements41. Ask the Planning Board about exemption review before filing a certificate of survey; we could not confirm a county-specific agricultural-covenant form or fee21. A subdivision lot with a no-facilities exemption needs a Certificate of Subdivision Approval before adding water or sewer facilities32. Only 19.3% of soils lack severe limits for conventional drain fields; average precipitation is 13.6 inches and severe drought occurs in 17.2% of years124243. Groundwater use of no more than 35 gallons per minute and 10 acre-feet per year may qualify for an exception, but requires a Notice of Intent before use; combined withdrawals can still require a permit36. Typical carrying costs include a 0.7% effective property-tax rate and a $1,330 median annual bill4445.
Watch-outs
A state building-permit exemption does not remove floodplain approval for covered development in a designated Special Flood Hazard Area; ask Disaster & Emergency Services about the parcel13724.
An agricultural-covenant land-division exemption requires exclusive agricultural use; a change to nonagricultural use normally triggers subdivision review41.
A no-facilities subdivision exemption does not authorize later water or sewer development; obtain a Certificate of Subdivision Approval first3132.
Written October 12, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.
McCone County highlighted among the Montana counties · colored by Index score
How McCone County scores
Seclusion89100% ev.
Self-Sufficiency1394% ev.
Admin Boringness8090% ev.
Durability38100% ev.
Property Autonomy83100% ev.
Carry Cost8396% ev.
Evidence strength: 97%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →
$265kTypical home
0.7%Property tax
$1,055Land / acre
13.6"Annual rain
17.2% of yrsSevere drought
11.3 / yr (+8.8)Mid-century 100°F days
23.3 daysMid-century dry spell
1.14" (+6.1%)Mid-century 1-day rain
1.25×Wildfire change factor
100%Forward climate coverage
$2,104Home insurance / yr
1.8% / yrInsurance growth
1.18%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
20,545People within 2 hr
532Radius comparison (15 mi)
0.6People / sq mi
17.4%Federal land
79.9%Land at 15% slope or less
19.3%Soils rated "not limited" for septic (strict USDA rating)
Each button opens a current land search for McCone County. Listing sites control their own results and filters.
Analyze a property
Add setup-cost allowances
Use rough quotes or placeholders. Blank fields count as $0.
Working estimate
—land + entered setup costs
Asking $ / acre
—
Setup allowance
—
All-in $ / acre
—
A planning estimate, not a valuation or contractor quote. The USDA benchmark includes farm land and buildings; it is context, not a parcel comp.
Before an offer
Parcel due diligence
0/8 checked
Saved properties and checklist progress stay on this device. Bolthole Index does not receive them.
Cities and towns in McCone 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.
McCone County rules
Building permitLimited
Construction, remodeling, moving, or change of occupancy of non-exempt buildings in McCone County areas not governed by a certified local-government building-code program.
A permit is required before construction starts for state-owned agencies and non-exempt buildings.
The exception is for projects within the jurisdictional limits of a certified local-government program.
State-law exemptions include farm and ranch buildings; mining buildings on mining property; petroleum refineries and pulp and paper mills except office and shop buildings; residential buildings containing fewer than five dwelling units except when serving transient guests; and private garages and private storage buildings used for the owner's own use and not as part of a commercial enterprise or business.
Construction plans and a Building Permit/Plan Review Application must be submitted for review and approval.
Building permit and plan-review fees must be paid before issuance; the plan-review fee is 35 percent of the building permit fee.
plan review fee: 35 percent of building permit fee
“A state building permit is required for any state owned agency or non-exempt building being built, remodeled, moved, or undergoing a change of occupancy, except for projects located within the jurisdictional limits of a local government program. [...] If the city, town, or county is not listed, then all permits need to be obtained from the State Building Codes Program”
A homeowner constructing or altering an individual sewage treatment system for the homeowner’s own residence on the homeowner’s own property in McCone County
The exemption is from the MCS sewage-treatment-system contractor license requirement only.
The system must be for the homeowner’s own residence and on the homeowner’s own property.
The regulation does not treat builders who own several parcels and build for sale, rent, or lease as exempt homeowners.
Other wastewater permits, application requirements, fees, inspections, and standards remain applicable.
“for his or her own residence upon his or her own property is not required to have a contractor’s license.”
One more reviewed finding on this topic
Available (with conditions) — A homeowner constructing or altering an individual sewage treatment system for the homeowner’s own residence on the homeowner’s own property in McCone County.
“A homeowner constructing or altering an individual sewage treatment system for his or her own residence upon his or her own property is not required to have a contractor’s license.”
InspectionsRequired
Projects in McCone County subject to the Montana state building-code permitting process.
Inspections apply to projects requiring a permit.
The Bureau assigns inspectors geographically throughout the state.
Separate electrical, plumbing, and mechanical permits and inspections may also be required where applicable.
“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.”
Who permits septicCounty
On-site wastewater treatment systems in McCone County, subject to the subdivision-review exception stated in the regulations.
The regulations do not apply to parcels created by subdivision when those parcels fall under the authority of a State of Montana Agency pursuant to the Montana Sanitation in Subdivision Act.
The regulations apply to all areas of McCone County.
More stringent state or federal regulations apply if they conflict with the county regulations.
“The Board of County Commissioners adopts these regulations pursuant to Section 7-5-2101 and 7-5-2102 Montana Code Annotated, and pursuant to Section 76-3-501, Montana Code Annotated. [...] These regulations apply to all areas of McCone County.”
Septic permitRequired
Construction, alteration, load increases, replacement, or occupancy involving on-site wastewater treatment systems in McCone County.
Construction or alteration of an on-site wastewater treatment system requires a valid permit, except that a permit is not required when sewage will be disposed of to an approved public system.
A permit application must be completed through the McCone County Sanitarian (MCS) and all required fees submitted; the MCS gives written approval or denial within twenty working days after filing a complete application.
A new-system permit is issued only after application approval and payment of required permit fees, and is valid for two years if construction has not begun.
Repairs to existing sewer systems may be made without a permit, including replacing a septic tank, repairing a collapsed or broken sewer line, or removing a blockage.
A valid permit is required before replacement of an existing system; a variance is required for a replacement that does not meet the regulations.
A homeowner constructing or altering an individual sewage treatment system for their own residence on their own property does not need an MCS contractor license, but the permit requirement still applies.
The regulations do not apply to subdivision-created parcels under a Montana state agency's authority pursuant to the Montana Sanitation in Subdivision Act.
complete-application decision time: 20 working days · new-system permit validity: 2 years (If construction has not begun, the applicant must reapply under current regulations.)
“It is a violation of this regulation to construct, alter or make load increases to any on-site wastewater treatment system without compliance with the provisions of these regulations and the possession of a valid permit issued under these regulations. [...] Repairs may be made to existing sewer systems without a permit. This includes replacing a septic tank, a collapsed or broken sewer line or removal of a blockage in the sewer line.”
Septic inspectionRequired
New and owner-installed on-site wastewater systems regulated by McCone County.
For certified-installer systems, the installer must notify the MCS forty-eight hours before expected completion; the MCS decides whether a self-inspection or MCS inspection will occur.
If authorized for self-inspection, the self-inspection form must be submitted within ten days; no further permits will be issued until it is received.
For owner-installed systems, no backfilling may occur until the system has been inspected and approved or authorized for self-inspection, subject to the stated site-restriction exception.
The MCS inspects completed owner-installed systems no later than six working days after notice of completion, during normal working hours excluding weekends and holidays.
A noncompliant system must be corrected and inspected before final approval; use before final inspection and approval is a violation.
certified-installer inspection notice: 48 hours · self-inspection form submission deadline: 10 days · owner-installed inspection deadline: <= 6 working days (After notice of completion)
“The Certified Installer must notify the MCS forty-eight hours in advance of the expected completion time to arrange for an inspection time. Once notified by the installer, the MCS will determine whether a self-inspection or a MCS inspection will be conducted. [...] The MCS will inspect completed systems no later than 6 working days after the day notice of completion is given.”
Off-grid sanitationLimited
Non-standard sanitation systems, including sealed pit privies and holding tanks, in McCone County.
Sealed pit privies may be approved only when the facility has no piped water supply.
Holding tanks may be approved only for seasonal use and must be at least 50 feet horizontally from specified surface waters or the 100-year flood elevation of a watercourse.
Holding tanks must be stabilized against flotation, waterproofed, tested annually for watertightness, periodically pumped by a licensed septic tank pumper, and discontinued when public wastewater mains become available within 500 feet and permission to connect is granted.
Holding tanks require an electronic level indicator, unless a mechanical device is approved where electricity is unavailable.
Absorption beds may be used only for replacement systems and not in unstabilized fill.
holding tank minimum horizontal separation: >= 50 feet (From any lake, stream, irrigation ditch, surface water body, or 100-year flood elevation of any watercourse) · holding tank watertightness testing: per 1 per year
“Sealed pit privies may only be approved if the facility to be served does not have a piped water supply. [...] Holding Tank systems may be approved if: a) The facility to be served is for seasonal use only; b) The holding tank system is located at least 50 feet horizontally from any lake, stream, irrigation ditch or surface water body, or the 100-year flood elevation of any watercourse;”
Mandatory utility hookupSewer (with conditions)
Dwelling units, commercial structures, recreational developments, and other structures generating wastewater in McCone County.
Connection to a public wastewater system is required only when the public sewer system is within 500 feet of the property line, accessible, has sufficient capacity, and the governing authority accepts the additional load.
The existing on-site treatment system must have failed or have been installed in violation of the McCone County regulations.
Holding tanks must be disconnected or discontinued when public wastewater mains become available within 500 feet and permission to connect is granted.
public sewer distance from property line: <= 500 feet (The system must also be accessible, have sufficient capacity, and accept the additional load.)
“Any dwelling unit, commercial structure, recreational development or other structure where wastewater is generated must be connected to a public wastewater system when the following conditions exist: a) The public sewer system (PSS) comes within 500 feet of the property line of the unit and is accessible, the PSS has sufficient capacity to handle the additional load, and the governing authority that owns or operates the PSS will accept the additional load, and the present on-site sewer treatment system has failed or the sewer system was installed in violation of the McCone County On-Site Wastewater Treatment Regulations.”
Agricultural exemptionConditional
McCone County's county-administered review of land-division exemptions; the Town of Circle has separate subdivision regulations and is not treated as a county-administered municipal jurisdiction by this claim.
McCone County's Planning Board, through staff or contracted services, administers the McCone County Subdivision Regulations and reviews certificates of survey before filing with the County Clerk and Recorder for proper land-division exemptions under Title 76, chapter 3.
The county page does not publish a McCone-specific agricultural-covenant form, fee amount, or additional local conditions in the opened material; the statewide statutory conditions in the related state claim still apply.
“the Planning Board administrates the McCone County Subdivision Regulations, Town of Circle Subdivision Regulations and reviews certificate of surveys prior to filing”
Subdividing landRegulated (with conditions)
Subdivision review and certificate-of-survey exemption review administered for McCone County through its Planning Board and County Clerk and Recorder.
The McCone County Planning Board administers McCone County Subdivision Regulations and reviews certificates of survey before filing with the County Clerk and Recorder.
The county's local process operates under the Montana Subdivision and Platting Act.
The Town of Circle has separate subdivision regulations; this claim concerns the McCone County component and does not treat the town's rules as countywide.
“the Planning Board administrates the McCone County Subdivision Regulations [...] and reviews certificate of surveys prior to filing with the County Clerk and Recorder”
Permit processPartial
Subdivision and certificate-of-survey review processes administered through McCone County's Planning Board.
The Planning Board administers McCone County Subdivision Regulations and reviews certificates of survey before filing with the County Clerk and Recorder for land-division exemptions under the Montana Subdivision and Platting Act.
The page also describes Town of Circle subdivision responsibilities; this claim does not treat the Town of Circle's regulations as county-administered.
The page does not establish a general county building-permit process or a countywide floodplain-permit procedure.
“the Planning Board administrates the McCone County Subdivision Regulations [...] and reviews certificate of surveys prior to filing with the County Clerk and Recorder”
One more reviewed finding on this topic
Partial — County subdivision-regulation administration and certificate-of-survey review for land divisions in McCone County; this is not a general construction-permit process.
“Planning Board administrates the McCone County Subdivision Regulations [...] and reviews certificate of surveys prior to filing with the County Clerk and Recorder”
County-wide zoningAbsent
The county's official site states McCone County is still 'developing Zoning Regulations,' indicating no countywide zoning has yet been adopted.
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 (with conditions) — The Montana uniform state building code, including residential and commercial buildings in McCone County unless a certified local building-code jurisdiction applies or a statutory exception applies.
“In addition, the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
Adopted — Montana's statewide building-code framework, including areas of McCone County that are not within a certified local building-code jurisdiction and construction subject to the state code.
“In addition, the program is responsible for adopting a uniform state building code, which is enforced statewide for residential and commercial buildings across Montana.”
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.”
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.”
3 more reviewed findings on this topic
Limited — New or expanded groundwater uses and wells in McCone County, subject to Montana DNRC water-right exceptions and current Notice of Intent requirements
“Small groundwater developments that use 35 gpm or less and do not exceed 10 acre-feet per year are known as “exempt wells””
Limited — New groundwater wells and other groundwater developments in McCone County subject to Montana's statewide water-right permitting rules.
“A person is not required to apply for a permit to develop a groundwater well, spring, pit, or pond with a use of 35 gallons per minute or less, not to exceed 10 acre-feet per year (Section 85-2-306, MCA). Beginning on January 1, 2026, appropriators are required to notify DNRC of their intent to use groundwater under the exception to the permitting process described in 85-2-306(3)(a)(iii) or (iv), MCA, by submitting a Notice of Intent to Appropriate Groundwater (Form 602I) prior to putting the water to use.”
Required — Surface-water uses and groundwater uses exceeding 35 gallons per minute or 10 acre-feet per year in Montana.
“Water Permits: A water permit is required for all surface water use and groundwater uses over 35 gallons per minute (gpm) or 10 acre-feet per year.”
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.”
2 more reviewed findings on this topic
Required — Roads or private driveways connecting to a controlled-access highway or facility in Montana, including any such connection in McCone County.
“On any controlled-access highway or facility, it is unlawful for any person to construct, operate, or maintain any road or private driveway connecting with the highway or facility without first obtaining permission in writing from the highway authority having jurisdiction and, with the exception of an interstate highway, from the local governing body.”
Required — New or modified approaches connecting property to a Montana state highway, including such approaches in McCone County.
“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 requirement applies only where a designated SFHA exists for the stream of interest.
The applicant must check with the local floodplain administrator to determine whether an SFHA has been designated.
Covered development includes fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, excavation, new construction or development, manufactured-home placement or replacement, and new construction, additions, or substantial improvements to residential and commercial buildings.
The source does not establish that McCone County has a countywide designated SFHA or county-administered permit.
“Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
One more reviewed finding on this topic
Required — New development within a designated Special Flood Hazard Area in Montana.
“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”
Permit feesVariable (with conditions)
State building permit and plan-review fees for state-administered building permits.
The building permit fee is calculated by the bureau under IBC Section 109.2 as modified by ARM 24.301.138.
A plan review fee is charged in addition to the building permit fee and equals 35 percent of the building permit fee.
Both fees must be paid before the building permit is issued.
Local governments certified to enforce the state building code may establish their own permit fees and valuation method.
plan review fee: 35 percent of building permit fee
“The plan review fee is 35 percent of the building permit fee as established in Table 109.2.”
One more reviewed finding on this topic
Variable (with conditions) — City or county floodplain development permits in Montana, including any McCone County or Town of Circle program that applies to a designated SFHA.
“Application fees and timelines are established by the local government and vary widely throughout the state.”
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 McCone County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Building code adoptedAdopted (with conditions)
Building and zoning permitting within the Town of Circle, Montana.
The application states that permit approval is subject to post-construction inspection by the Town of Circle site inspector.
Separate permits are required for electrical or plumbing.
The permit becomes null and void if authorized work is not commenced within 365 days.
Residential application filing fee is $50.00 and commercial application filing fee is $100.00.
The fine for construction beginning before permit approval is $250.00 residential or $500.00 commercial.
The application states that all applicable state and local construction laws and ordinances must be complied with.
residential application filing fee: 50 USD · commercial application filing fee: 100 USD · residential fine for construction before permit approval: 250 USD · commercial fine for construction before permit approval: 500 USD · permit commencement period: 365 days (The permit becomes null and void if work or construction authorized is not commenced within 365 days.)
“The Uniform Building Code of the International Conference of Building Officials is hereby adopted by reference as the Building Code of the town, and made a part hereof as fully as though set out in length herein, together with all subsequent revisions, additions, and amendments thereto, and of which two copies shall be and remain on file with the Town Clerk.”
Minimum lot sizeSpecified
Residential lots in Town of Circle Class B residence districts
A duplex has the same 5,000-square-foot minimum as a single-family dwelling.
Each additional family unit requires an additional 1,000 square feet.
The Class B district also imposes applicable use, height, setback, side-yard, parking, utility, and other requirements.
single-family dwelling minimum lot area: >= 5000 square feet · duplex minimum lot area: >= 5000 square feet · additional family unit lot area: per 1000 square feet
“Single-family dwelling: a lot area of not less than 5,000 square feet;”
One more reviewed finding on this topic
Specified — One dwelling in a Town of Circle Class A residence district
“Lot area per dwelling. Shall not be less than 7,000 square feet.”
SetbacksSpecified
Buildings and lots in Town of Circle Class A residence districts
Front yard must be 25 to 35 feet from the property lot line.
If the structure fronts on a side yard, the front-yard depth must be at least 10 feet.
Rear yard must be at least 25 feet, except an attached garage in the rear yard may reduce it to 10 feet.
A garage with doors facing the alley must be 20 feet from the alley property lot line; a garage with doors perpendicular to the alley may be 2 feet from the alley property line.
Every lot must have two side yards of at least 6 feet.
If a lot has a structure over 18 feet high, the side yard is one-third the building height.
A garage must be at least 6 feet from each side property lot line.
front yard minimum: >= 25 feet · front yard maximum: <= 35 feet · rear yard minimum: >= 25 feet (10 feet where an attached garage is located in the rear yard) · side yard minimum: >= 6 feet (one-third of building height if structure exceeds 18 feet)
“Every lot shall have two side yards of not less than six feet.”
One more reviewed finding on this topic
Specified — Buildings and lots in Town of Circle Class B residence districts
“Not less than 20 feet from the property lot line;”
Living in an RVProhibited
Motor homes, fifth wheels, and camper trailers in the Town of Circle Class A residence district.
The prohibition is district-specific and does not establish a rule for Class B, C, I, or U districts.
The code is identified as current through the 2024 S-2 supplement, but the publisher advises that the official printed municipal copy controls.
“Motor homes, fifth wheel, and camper trailers are not allowed in Class “A” districts.”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Local zoning — Aggregate local zoning across McCone County, including incorporated municipalities and unincorporated areas.
Zoning districts — County zoning districts in unincorporated McCone County.
Minimum dwelling size — Minimum dwelling-size requirements in McCone County.
Lot coverage — Lot coverage requirements in McCone County
Building height — Building-height requirements in McCone County
2 more unanswered
Camping on your land
Tiny homes
Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.
Living off-grid in McCone County, Montana
Is McCone County a good place to live off-grid or homestead?
McCone County scores 44/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 532 people within 15 miles and a stronger property-autonomy legal backdrop. Watch-outs: weak self-sufficiency basics: only 13.6″ of rain a year and elevated current hazard exposure.
Do you need a building permit in McCone County, Montana?
McCone 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 McCone County Sanitarian / McCone County Health Department. 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 McCone County?
Living in an RV on your own land in McCone 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. Confirm with the county before relying on it.
How much does land cost in McCone County, Montana?
Land in McCone County runs about $1,055 per acre, based on the latest county data.
What is the water situation in McCone County?
McCone County gets about 13.6" of rain a year, with severe drought in roughly 17.2% of years.
How remote is McCone County?
A typical private-land location has about 532 people within 15 miles and 61,539 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.
