Building permits, zoning and land rules in Toole County, Montana
56Index Score / 100 #32 of 56 in Montana
Unincorporated Toole County, Montana has no county residential building-permit program: the county's certified building program covers commercial projects only, and a home with fewer than five dwelling units is exempt from the state building permit12. Inside Shelby, the city handles building and zoning permits3. Septic permits for every Toole County address come from Toole County Environmental Health4. A state plan lists a county zoning ordinance, but we could not find its text5.
At a glance
Building permit
County permits are limited to commercial work; homes with fewer than five units are exempt from the state permit unless they serve transient guests67
Zoning
Countywide zoning could not be confirmed; Shelby has municipal zoning8
State building permits for non-exempt construction in areas without a certified local residential building-code program, including unincorporated Toole County
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Do you need a building permit in Toole County, Montana?
Toole County's certified building-code program covers commercial projects only1. The county's commercial jurisdiction does not extend into a city or town with its own adopted building code, and the available sources do not provide a complete project-by-project county permit list or fee schedule6. Under Montana's state jurisdiction, residential buildings with fewer than five dwelling units are exempt from the state building permit unless they serve transient guests7. Farm and ranch buildings, qualifying private garages and storage buildings, and certain industrial buildings are also exempt from the state permit7. Inside Shelby, the city runs its own building-code program and requires building and zoning permits for construction within city limits143. Shelby's rules do not move septic permits: Toole County Environmental Health still issues those for city and rural addresses alike4. The state exemption covers the state building permit only; a local government may still require a permit by ordinance2. An owner may work on the owner's property under Montana's contractor-licensing exemption, but that exemption does not waive any otherwise applicable permit, inspection or building-code requirement10.
Who issues building permits in Toole County, and who handles septic and driveways?
For commercial building permits, Toole County Environmental Health performs plan reviews and inspections of new buildings under the county's commercial building program15. For septic permits and other environmental-health matters, contact Toole County Environmental Health at its Shelby office16. For building permits outside Shelby, Montana's Building Codes Program handles applicable non-exempt projects outside the county's commercial-only scope and performs inspections for projects requiring a state permit171819. Inspection requirements depend on the project and applicable code18. For a new approach or driveway crossing a Toole County road, the road access permit comes from the Toole County Commissioners, and proof of insurance must be on file there before an application is valid20.
Does Toole County have zoning?
A Montana state hazard-mitigation plan lists a zoning code or ordinance for Toole County, but it gives no ordinance number or text, and the county regulations we found are subdivision rules, not zoning5. We could not confirm the county's districts, map or parcel standards, so ask the Commissioners before relying on a proposed use in an unincorporated area. Zoning inside Shelby is separate and set by the city's Board of Adjustments and Zoning Commission3. The city page does not publish Shelby's parcel-specific standards8. Toole County does regulate subdivisions and examines final plats subject to its subdivision rules21. Where zoning does not establish a minimum lot size, the county's subdivision regulations call for consultation with local and state health authorities rather than supplying one fixed countywide number13. A subdivision may also be required to show a 25-foot landscape buffer on the final plat when the governing body requires that buffer to protect public health and safety22. We could not confirm general countywide setbacks, lot coverage, building height or minimum dwelling size; ask the Commissioners and Environmental Health Department about the parcel and proposal.
How do septic permits work in Toole County?
Septic systems in Toole County are administered by the county's Environmental Health Department, which lists septic systems among its responsibilities164. Statewide, Montana's drainfield-permit rule reaches even a property that already has a Certificate of Subdivision Approval: a COSA does not replace the separate drainfield permit required from the local health department2324. Soils are a real constraint here: only 11.2% of Toole County's soils are free of severe limits for a conventional drain field, so get a site evaluation from the Environmental Health Department before you count on a standard system11. If you're not on a public water supply, you'll also need to sort out your well: Montana requires a water-use permit for new or expanded groundwater use, though an exempt well can skip it if your combined appropriation stays at or under 10 acre-feet a year, and starting January 1, 2026 you must file a $400 Notice of Intent with DNRC before using that exempt well25.
Can you live in an RV or tiny home on your land in Toole County?
We could not confirm a Toole County rule allowing long-term RV occupancy on private land, so ask the Commissioners and Environmental Health Department before treating an RV as a residence. On Montana state trust land, RV or trailer camping requires a Conservation License and must stay within 50 feet of a customary access point; stays are limited to 2 days on leased or licensed land and 16 days within a 30-day period on unleased or unlicensed land or in a designated campground26. Those state-trust-land rules do not establish permission for RV occupancy on private or county-administered land26. A factory-built tiny house of 400 square feet or less, excluding lofts, must be on a permanent foundation and used as a single-family dwelling to fall under Montana's Appendix Q BB rule12. Countywide zoning and a county-specific tiny-home occupancy rule could not be confirmed; Shelby's municipal zoning applies inside that city8.
How do you build a home in Toole County, step by step?
Ask the Commissioners whether county zoning or subdivision review applies; contact Shelby about zoning and building rules for a parcel inside city limits821.
Confirm the permit path: Toole County's certified program is commercial only, while a home with fewer than five units is exempt from the state building permit unless it serves transient guests67.
Have Toole County Environmental Health evaluate the site and issue the required drainfield permit1623.
Ask the local floodplain administrator whether the site lies in a designated Special Flood Hazard Area and obtain a permit before covered development there27.
Apply to the Commissioners before building an approach onto a county road; starting first triggers a $250 fee2028.
If the parcel needs a well, determine the applicable water-right path and file the required DNRC notice before using an exempt well25.
What should you check before you buy land in Toole County?
Toole County gets 12.8 inches of precipitation a year, spends 15.4% of years in severe drought and is 0.9% wooded, so verify a dependable water source and plan for exposure293031. Only 11.2% of county soils are free of severe limits for a conventional drain field, making a septic evaluation important before purchase11. Ask whether the parcel is in a designated Special Flood Hazard Area because fill, excavation, roads, culverts, manufactured homes and building work there require a floodplain permit27. If you plan to divide land, budget for county subdivision review: the published schedule includes a $400 pre-application fee, non-refundable review fees and possible consulting charges32. A state-highway driveway needs an MDT approach permit or right-of-way agreement, while a county-road approach goes through the Commissioners3328.
Watch-outs
A state hazard plan lists a Toole County zoning ordinance, but we could not find its text, districts or parcel standards; ask the Commissioners before relying on a proposed use5.
Development in a designated Special Flood Hazard Area requires a floodplain permit, but we could not confirm the administrator's office; ask the Commissioners or Environmental Health Department for the current contact27.
A home serving transient guests does not qualify for Montana's state residential building-permit exemption; confirm the permit path with the Montana Building Codes Program7.
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.
Toole County highlighted among the Montana counties · colored by Index score
How Toole County scores
Seclusion87100% ev.
Self-Sufficiency18100% ev.
Admin Boringness8090% ev.
Durability53100% ev.
Property Autonomy83100% ev.
Carry Cost85100% 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 →
$190kTypical home
1%Property tax
$1,287Land / acre
12.8"Annual rain
15.4% of yrsSevere drought
2.7 / yr (+2.6)Mid-century 100°F days
24 daysMid-century dry spell
1.04" (+4.4%)Mid-century 1-day rain
1.25×Wildfire change factor
100%Forward climate coverage
$1,576Home insurance / yr
3.4% / yrInsurance growth
3.26%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
95,051People within 2 hr
1,421Radius comparison (15 mi)
2.7People / sq mi
6.8%Federal land
87.4%Land at 15% slope or less
11.2%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Toole 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.
Town of Kevin · Shelby · Town of Sunburst
Answers from the rulebook for Toole County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Toole County rules
Building permitLimited
Commercial building-code permitting and enforcement under Toole County's certified local government building program.
The official Montana certified-program list identifies Toole County's building-code program as commercial only.
The countywide scope does not extend into a city or town that has adopted its own building code; Montana law provides that a county may not enforce its county building code in that city or town.
The cited official sources establish the county's certified commercial-only building-code jurisdiction, but do not provide a complete project-by-project county permit requirement or fee schedule.
building-code coverage: commercial only
“Toole County | B (commercial only) | Kyle Harlan | 424-8310 | County”
One more reviewed finding on this topic
Limited — Commercial building-code projects in Toole County under the county's certified building program.
“Toole County | B (commercial only) | Kyle Harlan | 424-8310 | County”
Building code adoptedPartial
Toole County's certified local building-code program for commercial construction within the county jurisdiction.
The county entry is limited to building code enforcement for commercial construction; the official list states "B (commercial only)".
A city, county or town may not enforce a building code unless its code-enforcement program is certified by the Montana Building Codes Program, the current adopted code, current fee list, and enforcement plan are filed and approved, and inspectors meet the stated licensing or certification requirements.
All areas not covered by a certified local-government program are under the jurisdiction of the State Building Codes Bureau.
covered construction: commercial only (Residential building-code enforcement is not included in the Toole County entry.)
“Toole County | B (commercial only) | Kyle Harlan | 424-8310 | County”
One more reviewed finding on this topic
Partial — Building-code adoption and enforcement by Toole County within the county jurisdiction.
“Toole County | B (commercial only) | Kyle Harlan | 424-8310 | County”
InspectionsRequired
Commercial building projects and new-building plan reviews within Toole County's certified commercial building-code program.
The county page identifies plan reviews and inspections of new buildings as an Environmental Health Department responsibility.
The state certification listing limits Toole County's certified building-code scope to commercial building work.
Inspection requirements depend on the applicable building code and project scope.
“Additional responsibilities include : Subdivision Reviews Plan Reviews and Inspections of New Buildings Solid Waste Disposal Septic Systems”
County-wide zoningPresent (with conditions)
Toole County zoning regulation as identified for the county jurisdiction in the official Montana Department of Emergency Services hazard-mitigation planning inventory.
The official state plan identifies a zoning code or ordinance for Toole County but does not provide the ordinance number, title, adoption date, or operative text.
The separately published Toole County regulations opened in this research are subdivision regulations adopted under the Montana Subdivision and Platting Act, not the zoning ordinance identified in the state plan.
Municipal zoning may separately apply within incorporated municipal boundaries.
“Table O-17 Toole County and Jurisdictions Regulatory Mitigation Capabilities [...] Zoning Code or Ordinance Yes Yes Yes ?”
Local zoningPresent (with conditions)
The Toole County jurisdiction, including county-administered land outside separately listed incorporated jurisdictions.
The official state hazard-mitigation plan lists Toole County separately from the City of Shelby and the Towns of Kevin and Sunburst.
The county source does not identify an ordinance number, code chapter, or zoning PDF.
“Table O-17 lists planning and land management tools typically used by local jurisdictions to implement hazard mitigation activities and indicates those that are in place in Toole County and each participating jurisdiction. [...] Plans and Regulations Toole County City of Shelby Town of Kevin Town of Sunburst [...] Zoning Code or Ordinance Yes Yes Yes ?”
Minimum lot sizeSpecified
Subdivision design and development in Toole County, including areas where zoning regulations are not in effect.
All subdivisions approved by the governing body must comply with the design and improvement standards except where a variance is granted under Section I-J.
The design and development of a subdivision must conform with applicable zoning or other regulations.
Where zoning regulations do not establish minimum lot sizes, the minimum lot size must be established in consultation with local and state health authorities.
The regulation provides no fixed countywide numeric minimum lot size in this provision.
The regulations are labeled January 1, 2024 and state that they were amended and adopted by the Toole County Commission on December 18, 2023.
minimum lot size: Established in consultation with local and state health authorities where zoning regulations are not in effect establishing minimum lot sizes.
“The design and development of a subdivision must conform with any 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.”
SetbacksSpecified
Subdivisions in Toole County when the governing body requires a landscape buffer to mitigate impacts to public health and safety.
The governing body may require the landscape buffer only to mitigate impacts to public health and safety.
The applicant must submit a conceptual landscape plan.
The plan must contain a combination of berms and/or planting that will provide an effective buffer.
The landscaping must be installed before final plat approval.
The buffer must be shown as a 25-foot setback on the face of the final plat.
A maintenance agreement must be filed for maintenance of the landscaping.
landscape buffer/setback: 25 feet
“The governing body may require a landscape buffer to mitigate impacts to public health and safety. If required to mitigate impacts, the applicant shall submit a conceptual landscape plan for a 25-foot buffer.”
Who permits septicCounty
Septic-system administration in Toole County.
The county page identifies septic systems as an Environmental Health/Sanitarian responsibility.
The page does not state a separate municipal or district exception.
“The Toole County Environmental Health Department protects and promotes the health of the residents of Toole County. [...] Additional responsibilities include : [...] Septic Systems”
Septic permitRequired
Installing a drainfield on a property in Toole County, including a property that already has a Certificate of Subdivision Approval (COSA).
A COSA does not eliminate the local health department drainfield-permit requirement.
The cited page does not state the permit fee or application process.
“Do I need a permit to install a drainfield now that I have a COSA? Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
Subdividing landRegulated (with conditions)
Subdivision applications and final plats subject to the Toole County Subdivision Regulations.
The governing body examines every final subdivision plat.
The governing body reviews and approves or denies a complete final plat within 20 working days.
Approval requires conformity with preliminary plat conditions, the Montana Subdivision and Platting Act, and the Toole County Subdivision Regulations.
Certain divisions that would otherwise constitute subdivisions may be exempt from local subdivision review and approval, subject to survey requirements and zoning regulations.
final plat review period: 20 working days
“The governing body shall examine every final subdivision plat. If a determination is made under Subsection II-B-2 (b). that the final plat contains the information required under Subsection II-B-2 (a) the governing body shall review and approve or deny the final plat within 20 working days.”
Driveway accessRequired
New approaches accessing or crossing Toole County roads
A map showing the proposed approach must be attached.
The map must include section, township, and range.
The map must identify whether the approach is temporary or permanent, proposed width, whether a culvert will be installed, and culvert size.
Work must occur in daylight hours to County standards.
Construction signs must be displayed.
A detour is required if traffic will be delayed more than one hour.
The applicant and contractor must have proof of insurance in the Commissioners’ office before the application is valid.
The prior permit approval fee is free; failure to obtain the permit before work incurs a $250 fee.
prior permit approval fee: 0 USD (listed as FREE) · failure to obtain permit prior to work fee: 250 USD
“Prior Permit Approval Fee: FREE Failure to Obtain Permit Prior to Work Fee: $250”
Building in a floodplainRequired
New development in a designated Special Flood Hazard Area in Toole County
The requirement applies within a designated Special Flood Hazard Area.
The applicant must check with the local floodplain administrator to determine whether an SFHA has been designated for the stream of interest.
Covered development includes placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, excavation, new construction or replacement of manufactured homes, and new construction, additions, or substantial improvements to residential and commercial buildings.
Permit applications are available from the local floodplain administrator.
Application fees and timelines are established by the local government and vary widely throughout Montana.
“Anyone planning new development within a designated Special Flood Hazard Areas (SFHA). Check with local floodplain administrator to determine whether a Special Flood Hazard Areas (SFHA) has been designated for the stream of interest.”
One more reviewed finding on this topic
Required — New development in a designated Special Flood Hazard Area within unincorporated Toole County, including 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.
“Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
Permit feesPublished (with conditions)
County subdivision review applications, amended plats, exemption reviews, surveying documents, recording, noxious weed management plans, and related subdivision administration in Toole County.
The schedule is effective January 1, 2024.
Fees are non-refundable and apply pursuant to 76-3-201 and 602 MCA.
Subdivision Administrator consulting fees may additionally apply.
Subdivision review fees vary by subdivision type and number of lots.
Recording fees are set by the Clerk and Recorder’s Office.
For recording, the schedule states $25.00 plus .50 per track.
Noxious weed management fees are $100 plus state mileage rates for 5 lots or less and $150 plus state mileage rates for 6 lots or more.
Additional consulting charges may apply when application review exceeds the listed fee structure, including incomplete applications or complex or defective survey documents; the applicant will be notified.
pre-application fee: $400 USD · preliminary plat or plan fee: $2850; $2000 + $100 for each lot over 3; $4000 + $100 for each lot over 6 USD (The schedule presents these amounts by subdivision type and lot-count category.) · final plat or plan fee: $1000 USD · exemption criteria review fee: 400 USD · examining land surveyor fee: $400 + Shipping & Handling if wet signatures are required by the County USD · recording fee: $25.00 + .50 per track USD (Set by Clerk and Recorder’s Office.) · noxious weed management plan fee for 5 lots or less: $100 + state mileage rates USD · noxious weed management plan fee for 6 lots or more: $150 + state mileage rates USD
“Toole County Review Fee Schedule (Exhibit A) Effective: January 1, 2024”
Permit processPublished (with conditions)
First minor subdivisions administered through Toole County’s subdivision review process: a parcel containing less than 160 acres that has never been divided and involves five or fewer lots, including the original tract.
The process applies to a first minor subdivision as defined in the process sheet: less than 160 acres, never divided before, and five or fewer lots including the original tract.
The preliminary plat and application proceed through a planning board meeting, County Commission meeting, decision with conditions, completion of conditions, final plat and application, a second County Commission meeting, and recording.
The subdivider must meet the Planning Board submittal deadline 14 days before the next available Planning Board meeting.
The Subdivision Administrator has three working days to determine whether the application is complete and notify the subdivider of deficiencies.
The Commission must decide within 35 working days after submission of a complete application unless the subdivider provides a written extension.
If a variance is requested, a public hearing is required and the Commission decides within 60 working days.
If the subdivision does not fit Low Impact Minor Subdivision criteria, the Commission must request Planning Board advice and recommendation, which must be submitted within 10 days.
The subdivider must complete all conditions of approval within up to 3 years.
Encroachment permits from the County Road Office are required if applicable; road improvements are required and approved if applicable.
MDEQ and/or County Sanitarian approval is required.
The final plat packet must include the listed title, platting certificate, covenant, and property-owners’ association materials when applicable.
The subdivider pays applicable real property taxes and special assessments, produces two mylar copies, obtains required signatures, and pays the Clerk and Recorder to record the plat and required documents.
parcel acreage threshold: < 160 acres · maximum lots including original tract: <= 5 lots (The land must never have been divided before.) · Planning Board submittal deadline: 14 days (Before the next available Planning Board meeting.) · application completeness determination: 3 working days (The Subdivision Administrator notifies the subdivider of deficiencies.) · Commission decision period: 35 working days (Following submission of a complete application, unless the subdivider provides a written extension.) · Commission decision period with variance: 60 working days (A public hearing is required.) · Planning Board recommendation period when not Low Impact Minor Subdivision: 10 days (The Commission must ask the Planning Board for advice and recommendation.) · completion of approval conditions: <= 3 years
“The Subdivision Administrator has three working days to determine if the application is complete, and will notify subdivider of any deficiencies.”
Montana rules that apply here
Owner-builder exemptionAvailable
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.
The exemption does not apply to an owner otherwise covered by the chapter who constructs a residence on the owner's property intending and for the purpose of promptly selling the improved property.
For an owner working on the owner's property, the resale exception does not apply if the owner has continuously occupied the property as the owner's primary residence for at least the last 12 months.
This is an exemption from the construction-contractor licensing chapter; it does not itself exempt a project from applicable building, electrical, plumbing, mechanical, or inspection requirements.
primary-residence occupancy period for resale exception: >= 12 months (The statute states the owner must have continuously occupied the property as the owner's primary residence for at least the last 12 months.)
“(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”
One more reviewed finding on this topic
Conditional — Owner work on the owner's property in Montana, including Toole County, for purposes of the state 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 who is otherwise covered by this chapter who constructs an improvement on the owner's property with the intention and for the purpose of promptly selling the improved property, unless the owner has continuously occupied the property as the owner's primary residence for at least the last 12 months;”
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”
Tiny homesLimited
Factory-built tiny houses in unincorporated Toole County areas under State Building Codes Bureau jurisdiction
The tiny house must be a factory-built building.
The unit must have 400 square feet or less of floor area, excluding lofts.
The unit must be mounted on a permanent foundation.
The intended use must be as a single-family dwelling.
Tiny houses are prohibited for commercial or business occupancy.
Appendix Q BB may be adopted by a certified city, county, or town building-code jurisdiction; all other areas are under the State Building Codes Bureau.
maximum floor area excluding lofts: <= 400 sq ft · foundation: permanent · intended occupancy: single-family dwelling
“The department will apply Appendix Q BB to factory-built buildings which meet the definition of a tiny house as having 400 square feet or less in floor area excluding lofts, and which are intended to be mounted on a permanent foundation and used as a single-family dwelling.”
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 — New or expanded beneficial uses of surface water or groundwater, including wells, in Toole County.
“All water uses starting after June 30, 1973, require a water right in the form of either a water use permit or a water right issued under an exception to the permitting process. [...] Beginning Jan. 1, 2026, water users who intend to develop water use through a permit exception must file a Notice of Intent (Form 602I) with DNRC before using water from an exempt well.”
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.”
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
RV or camper-trailer camping on Montana state trust land, including any applicable state trust land in Toole County
A Conservation License is required for dispersed camping on state trust land.
Camping must be within 50 feet of a customary access point; motorized vehicles must be parked within 50 feet, and the camper or trailer may not be driven farther to set up.
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.
This claim does not establish permission for RV occupancy on private land or county-administered land.
distance from customary access point: <= 50 ft (RV or trailer camping on state trust land) · stay limit on leased or licensed land: 2 days · stay limit on unleased or unlicensed land: 16 days per 30-day period · stay limit in designated campground: 16 days per 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”
3 more reviewed findings on this topic
Limited — Temporary camping on Montana state trust land, including any applicable state trust land in Toole County
“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”
Limited — Camping in Montana Fish, Wildlife & Parks public-use sites.
“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;”
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 Toole 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-code enforcement within the City of Shelby city limits.
Montana's certified-local-government page states that a city, county, or town may not enforce a building code unless its code-enforcement program has been certified.
The official list identifies Shelby's B, or Building, program as applying within City Limits.
The cited source does not identify the currently adopted code edition or fees.
“A city, county or town may not enforce a building code unless the code enforcement program has been certified by the Building Codes Program as in compliance with applicable statutes and rules; the current adopted code, a current list of fees to be imposed and a current plan for enforcement of the code have been filed and approved by the Program; [...] Shelby | B | Ken Thaut | 434-5222 | City Limits”
Local zoningPresent (with conditions)
Land and construction within the City of Shelby municipal boundaries.
The City of Shelby maintains a Board of Adjustments & Zoning Commission.
The City of Shelby states that building/zoning permits are required for construction work within city limits, including commercial buildings and single-family dwellings, subject to stated exemptions in the cited newsletter.
The exact current zoning ordinance text and zoning map were not extracted from the city's official website in this research.
“Board of Adjustments & Zoning Commission”
3 more reviewed findings on this topic
Present (with conditions) — Zoning administration within the incorporated City of Shelby, Montana.
Present (with conditions) — Zoning administration within the City of Shelby, an incorporated municipality in Toole County.
“Board of Adjustments & Zoning Commission”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Zoning districts — County zoning districts in Toole County
Minimum dwelling size — Minimum dwelling size for residential construction in unincorporated Toole County.
Lot coverage — Lot coverage for development in unincorporated Toole County.
Building height — Building height in unincorporated Toole County.
Septic inspection — Required inspection of septic systems in Toole County.
Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.
Living off-grid in Toole County, Montana
Is Toole County a good place to live off-grid or homestead?
Toole County scores 56/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 1,421 people within 15 miles and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 12.8″ of rain a year.
Do you need a building permit in Toole County, Montana?
Toole County does not require a county building permit for a home in unincorporated areas, and it enforces county zoning. Onsite septic is permitted by Toole County Environmental Health / County Sanitarian. 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 Toole County?
Living in an RV on your own land in Toole 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 Toole County, Montana?
Land in Toole County runs about $1,287 per acre, based on the latest county data.
What is the water situation in Toole County?
Toole County gets about 12.8" of rain a year, with severe drought in roughly 15.4% of years.
How remote is Toole County?
A typical private-land location has about 1,421 people within 15 miles and 326,481 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.
