Bolthole Index

Wibaux County, Montana

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

46Index Score / 100
#50 of 56 in Montana

A single-family home in rural Wibaux County, Montana generally does not need a state building permit unless the site is inside a local jurisdiction that requires one1. We could not confirm any county or town zoning, so ask the Wibaux County Commissioners about zoning approval for the parcel2. Septic permits come from the Wibaux County sanitarian, not the state building program, even for sites inside the Town of Wibaux34.

At a glance

Building permit
Generally not required for a single-family home outside a local permit jurisdiction15
Zoning
Countywide rules could not be confirmed; ask the County Commissioners2
Septic permit
Drainfield permit required from the county environmental health sanitarian3
RV living
Long-term occupancy on private land could not be confirmed2
Tiny home
Occupancy and dimensional rules could not be confirmed2
Farm or ranch building
Exempt from the state building-permit process; local requirements may still apply6
Owner-builder
Owners may build on their own property without a contractor license; building, septic and plumbing rules still apply7
Private well
Wells need a recorded water right; small exempt wells file a Notice of Intent from 20268

Who to call

Building permits

Montana Building Codes Program

State building-code permits and inspections for covered projects where state jurisdiction applies

(406) 841-2056

buildingcodes@mt.gov

2705 Skyway Drive, Helena MT

Online permits →

Septic permits

Wibaux County Environmental Health/Sanitarian

Local environmental-health contact for drainfield permitting in Wibaux County

(406) 796-2481

wibauxcomm@wibauxcounty.gov

203 N Wibaux St, Wibaux, MT 59353

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

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

A single-family residence in Wibaux County generally does not need a state building permit when it lies outside a local government jurisdiction that requires one by ordinance or resolution1. We could not confirm a local building-code program for rural Wibaux County, so ask the Montana Building Codes Program to verify the parcel before relying on the exemption59. Montana still enforces a uniform state building code for residential and commercial buildings, and covered projects remain within either a certified local program or the state program1011. Farm and ranch buildings are also exempt from the state building-permit process, but additional local requirements may apply6. Before construction, confirm the parcel is outside the Town of Wibaux, since a town ordinance requiring building permits would override the single-family exemption, and ask the Montana Building Codes Program whether the proposed work is exempt12. Septic permits and well rules stay with the county health office and the state water-rights office wherever the parcel sits.

Who issues building permits and inspections in Wibaux County?

The Montana Building Codes Program is the practical first call for a covered project in Wibaux County because cities, counties and towns without certified enforcement programs fall under the state program9. Reach the program at (406) 841-2056 or buildingcodes@mt.gov, and use its online portal for an application when a state permit applies9. State review begins after the application and plans arrive; the permit issues only after the plans comply and the required fees are paid13. A plan-review charge equal to 35% of the building-permit fee applies to state permits14. State field staff inspect projects that require a permit15. The county has no building department of its own that we could confirm, and septic permits come from the Wibaux County Environmental Health/Sanitarian rather than the state program16. For a single-family home that falls within the residential exemption, ask the program to confirm the exemption before relying on the absence of a county building office.

Does Wibaux County have zoning?

Wibaux County zoning could not be confirmed from an official county ordinance, planning page or zoning map, so do not describe a rural parcel as unrestricted2. Montana law allows county commissioners to adopt zoning after adopting a growth policy, but that authority does not establish that Wibaux County has exercised it17. The same unresolved point affects setbacks, minimum home size, building height, lot coverage and minimum lot size. We could not locate an official source naming the zoning jurisdictions or ordinances that apply in the county2. Ask the Wibaux County Commissioners to confirm the current zoning status for the parcel, and ask the Town of Wibaux separately if the property is inside town limits. A land division can still trigger Montana subdivision sanitation review even when local zoning is unclear: the state reviews covered divisions comprising less than 20 acres and recreational-camping-vehicle or mobile-home parks regardless of parcel size18.

How do septic permits work in Wibaux County?

A Wibaux County drainfield requires a permit from the local health department even when Montana DEQ has already issued a Certificate of Subdivision Approval319. Start with Wibaux County Environmental Health/Sanitarian at (406) 796-2481 or wibauxcomm@wibauxcounty.gov16. Montana DEQ reviews sanitation for covered subdivisions, including water supply, sewage disposal, solid waste disposal and storm drainage, while the local health department handles the drainfield permit20. Only about 16.6% of Wibaux County soils are rated without severe limitations for a conventional septic drain field, so make the site evaluation and system feasibility an early purchase condition21. Septic permits for every address in the county, town or not, come through the local sanitarian, while the state handles subdivision sanitation approval4. A lot approved under a no-facilities pathway must obtain sanitation approval before adding facilities that require sewer or water22. A private well is a separate matter: Montana requires a water right for new wells, and a well using 35 gallons per minute or less and no more than 10 acre-feet per year may qualify for the permit exception, with a Notice of Intent filed from January 1, 20268.

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

Long-term RV occupancy and tiny-home occupancy on private land in Wibaux County could not be confirmed, because no official county occupancy ordinance or explicit statement about zoning coverage was located2. Do not use Montana's public-campground limits as the answer for private property; those rules govern public-use sites, not a homesite. Ask the Wibaux County Commissioners about zoning approval for RV occupancy, temporary camping, tiny-home dimensions and setbacks for the exact parcel, then ask Wibaux County Environmental Health/Sanitarian what sanitation approval is needed16. Two or more permanent spaces for recreational camping vehicles or mobile homes can bring a parcel within Montana's subdivision framework regardless of parcel size18. A project with facilities requiring sewer or water must also satisfy the applicable sanitation approval before those facilities are developed22.

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

  1. Confirm whether the parcel is in unincorporated Wibaux County or within the Town of Wibaux, because the residential permit exemption does not override a local ordinance requiring a permit1.
  2. Call the Montana Building Codes Program at (406) 841-2056 to confirm whether the proposed work is exempt or requires state plan review9.
  3. Contact Wibaux County Environmental Health/Sanitarian at (406) 796-2481 before designing or installing a drainfield163.
  4. If the parcel is part of a covered land division, verify its Certificate of Subdivision Approval and approved water and wastewater arrangements1918.
  5. Plan the well: confirm the water-right exception and file the Notice of Intent if the well qualifies8.
  6. If the driveway meets a Montana state highway, apply to the appropriate Montana Department of Transportation district for an approach permit or right-of-way agreement23.
  7. If the building site lies in a designated Special Flood Hazard Area, obtain the required floodplain-development permit from the local floodplain administrator24.

What should you check before buying land in Wibaux County?

Put septic feasibility first: only about 16.6% of Wibaux County soils are rated without severe limitations for a conventional drain field21. Water planning also matters in a county receiving about 15.8 inches of annual precipitation and experiencing severe drought in about 14.4% of years2526. About 65% of the land has a slope of 15% or less, but a parcel-level survey is still needed to identify a practical building area27. Check legal access and determine whether a driveway connects to a county road or a state highway; new or modified state-highway approaches require state authorization23. Verify flood status with the local floodplain administrator because development within a designated Special Flood Hazard Area requires a permit24. For carrying costs, the effective property-tax rate is about 0.7% and the median annual property-tax bill is about $6542829.

Watch-outs

  • The no-permit answer is limited to a single-family residence outside a local jurisdiction that requires a permit; it is not a blanket exemption for every project1.
  • A Montana DEQ sanitation approval does not replace the local drainfield permit193.
  • Wibaux County's zoning, RV-occupancy, tiny-home, setback and minimum-size rules could not be confirmed; ask the County Commissioners before buying or siting a structure2.
  • Development in a designated Special Flood Hazard Area requires a local floodplain permit even when the home itself falls within the residential building-permit exemption241.
  • Montana's owner-builder exemption covers contractor licensing only; it does not waive building, septic or plumbing requirements30.

Sources

  1. bsd.dli.mt.gov, quoted and re-checked
  2. (2026 county census)
  3. Engineering Infrastructure & Subdivisions, quoted and re-checked
  4. Engineering Infrastructure & Subdivisions, quoted and re-checked
  5. Montana Dept. of Labor & Industry, Building Codes Permit FAQ (2026 county census)
  6. bsd.dli.mt.gov, quoted and re-checked
  7. MCA -- December 2025, Chapter 45 Construction Contractors, quoted and re-checked
  8. New Process for Exempt Wells, quoted and re-checked
  9. Montana Building Codes Program (bsd.dli.mt.gov)
  10. Current Codes (Montana statewide rule), quoted and re-checked
  11. Montana Building Codes Program, quoted and re-checked
  12. bsd.dli.mt.gov, quoted and re-checked
  13. bsd.dli.mt.gov, quoted and re-checked
  14. bsd.dli.mt.gov, quoted and re-checked
  15. Montana Building Codes Program, quoted and re-checked
  16. Wibaux County Environmental Health/Sanitarian (dphhs.mt.gov)
  17. Montana’s 2019 Land Use & Planning Statutes (Montana statewide rule), quoted and re-checked
  18. Engineering Infrastructure & Subdivisions, quoted and re-checked
  19. Engineering Infrastructure & Subdivisions | Montana DEQ, quoted and re-checked
  20. Engineering Infrastructure & Subdivisions (Montana statewide rule), quoted and re-checked
  21. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  22. Engineering Infrastructure & Subdivisions, quoted and re-checked
  23. Approach Manual for Landowners and Developers (Montana statewide rule), quoted and re-checked
  24. Stream Permitting (Montana statewide rule), quoted and re-checked
  25. Annual precipitation: Bolthole Index county data
  26. Share of years in severe drought: Bolthole Index county data
  27. Share of land at 15% slope or less: Bolthole Index county data
  28. Effective property tax rate: Bolthole Index county data
  29. Median property tax bill: Bolthole Index county data
  30. Montana Code Annotated, Title 37, Chapter 45, Construction Contractors (Montana statewide rule), quoted and re-checked

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

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Compared with neighboring counties

RuleWibaux CountyDawson CountyFallon CountyRichland CountyPrairie CountyCuster CountyMcCone County
Building permitNot requiredLimitedNot requiredRequiredNot requiredLimitedNot required
County zoningNot publishedYesNoYesNoYesNo
Septic permitsMT DEQCounty SanitarianCounty SanitationCounty Health Dept.County SanitarianCounty Env. HealthCounty Sanitarian

County locator

Wibaux County in Montana

46
County map
Wibaux County highlighted among the Montana counties · colored by Index score

How Wibaux County scores

Seclusion90100% ev.
Self-Sufficiency1496% ev.
Admin Boringness7168% ev.
Durability40100% ev.
Property Autonomy83100% ev.
Carry Cost8494% ev.

Evidence strength: 93%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$240kTypical home
0.7%Property tax
$934Land / acre
15.8"Annual rain
14.4% of yrsSevere drought
8.7 / yr (+7)Mid-century 100°F days
20.9 daysMid-century dry spell
1.13" (+6.4%)Mid-century 1-day rain
1.31×Wildfire change factor
100%Forward climate coverage
state median fallbackInsurance basis
44People within 30 min
69,767People within 2 hr
609Radius comparison (15 mi)
1People / sq mi
7.2%Federal land
65%Land at 15% slope or less
16.6%Soils rated "not limited" for septic (strict USDA rating)
73,869 acWorkable land screen
1.6%Wooded land
7.8 tonsBiomass / forest ac
43.3°FAvg temp

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Cities and towns in Wibaux 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 Wibaux

Answers from the rulebook for Wibaux County

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

Wibaux County rules

  • Who permits septicLocal (with conditions)

    Drainfield permitting in Wibaux County.

    • The state DEQ page states that the local health department requires the drainfield permit even where a Certificate of Subdivision Approval exists.
    “Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”

Montana rules that apply here

  • Building permitLimited

    State building permits for construction in Montana, including Wibaux County where no certified local program applies.

    • A state permit is required for certain new buildings, alterations, additions, and repairs.
    • The state page lists exemptions for farm or ranch buildings, mining buildings on mining property, certain petroleum refineries and pulp and paper mills, residential buildings containing fewer than five dwelling units unless serving transient guests, and private garages and storage buildings for the owner's own use.
    • A single-family residence does not require a building permit unless located within a local government jurisdiction that requires one by ordinance or resolution.
    • Required building permits must precede plumbing, mechanical, or electrical permits.
    “a state building permit is required prior to the start of construction”
    3 more reviewed findings on this topic
    • Not required (with conditions) — A single-family residence in Montana, including Wibaux County.
      “A building permit is not required for a single family residence, unless you live inside a local government's jurisdiction, which requires the permit by ordinance or resolution.”
    • Not required (with conditions) — Single-family residences under Montana state building-permit jurisdiction.
      “A building permit is not required for a single family residence, unless you live inside a local government's jurisdiction, which requires the permit by ordinance or resolution.”
    • Limited — Construction, remodeling, moving, alterations, additions, repairs, or changes of occupancy for buildings subject to Montana state building-code jurisdiction.
      “In Montana a state building permit is required prior to the start of construction for certain types of new buildings, and/or for alterations, additions, and repairs.”
  • Owner-builder exemptionConditional

    A homeowner performing plumbing installation personally in an owner-occupied Montana residence, including a residence in Wibaux County where the state has plumbing jurisdiction.

    • The homeowner must perform the plumbing installation themselves.
    • The residence must be for the owner's personal use.
    • The residence must not be built on speculation of resale.
    • The residence must not be intended as a rental property.
    • Certified local governments may enforce the plumbing code within their jurisdictional area; other areas fall under state jurisdiction.
    • All plumbing must meet the Uniform Plumbing Code and inspection requirements.
    “Homeowners do not need to obtain a plumbing permit provided he/she is doing the plumbing installation themselves and the residence is for the owner's personal use and not built on speculation of resale or intended as a rental property.”
    2 more reviewed findings on this topic
    • Available (with conditions) — Owner construction and owner-contracted construction work in Montana, including Wibaux County, as governed by the construction-contractor licensing statute.
      “to an owner working on the owner's property, whether occupied by the owner or not”
    • Available — An owner working on the owner's property, or an owner contracting for work performed by a registered construction contractor, under Montana's construction-contractor licensing chapter.
      “(13) to an owner working on the owner's property, whether occupied by the owner or not, but this exemption does not apply to an owner”
  • Building code adoptedAdopted (with conditions)

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

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

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

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

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

    • The Montana Building Codes Program performs inspections for projects requiring a permit under state jurisdiction.
    • The permit holder must notify the inspector when work is ready for inspection and provide access for required inspections.
    • Cities, counties, and towns may enforce local building codes and perform inspections only through certified local government programs; remaining areas fall under the state Building Codes Program.
    “The BC Program establishes and enforces statewide codes by issuing permits and performing inspections.”
    2 more reviewed findings on this topic
    • Limited — Projects requiring state building permits in Wibaux County and elsewhere in Montana.
      “issuing permits and performing inspections”
    • Limited — Projects subject to Montana state building-code permits and inspections.
      “During the plan review process you will be provided with the name and phone number of the inspector who will be responsible for the inspection of your building.”
  • 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.”
  • Septic permitRequired

    Drainfield and onsite wastewater facilities in Montana, including applicable Wibaux County properties.

    • A drainfield permit remains required even when a COSA exists.
    • COSA and other subdivision sanitation requirements may apply based on the parcel and development.
    “Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
    One more reviewed finding on this topic
    • Required — Installation of a drainfield in Montana, including property already covered by a Certificate of Subdivision Approval.
      “Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
  • Off-grid sanitationLimited

    Nonmunicipal wastewater disposal arrangements in Montana, including Wibaux County.

    • A COSA may identify a drainfield/septic system rather than a municipal wastewater facility.
    • A local health-department drainfield permit remains required even after a COSA.
    • Subdivision sanitation review and other applicable rules still apply.
    “It also describes what the potable water source will be (well, municipal water system, cistern, etc) and where wastewater will be disposed (drainfield/septic system, municipal wastewater facility). [...] Yes, even thought you have a COSA, a drainfield permit is still required by the local health department.”
  • Well permitLimited

    New groundwater developments in Montana using 35 gallons per minute or less and no more than 10 acre-feet per year.

    • All water uses starting after June 30, 1973, require a water right either through a water-use permit or an exception to the permitting process.
    • The development may qualify for the exception; qualification is not automatic.
    • Completed groundwater uses that meet the permit exception receive a Groundwater Certificate rather than a water permit.
    • A permitted water right is required for a combined appropriation from the same source by two or more wells or developed springs exceeding 10 acre-feet, regardless of flow rate.
    • All lots in a multi-phase subdivision must share a combined water-use limit of 10 acre-feet per year to qualify for a permit exception.
    • Beginning January 1, 2026, a water user intending to develop water use through a permit exception must file a Notice of Intent with DNRC before using water from an exempt well.
    • DNRC reviews a correct and complete Notice of Intent within 10 business days; if eligible, it authorizes the Notice of Intent and gives the user five years to complete the project, put the water to use, and file a Notice of Completion.
    • If the proposed use is not eligible, the Notice of Intent is denied and the user is directed to the water-right permit process.
    • The Notice of Intent filing fee is $400.
    • An authorized Notice of Intent expires after five years, with an opportunity for one five-year extension.

    maximum flow rate: <= 35 gpm · maximum annual volume: <= 10 acre-feet per year · Notice of Intent fee: 400 USD (Beginning January 1, 2026) · Notice of Intent review period: 10 business days (For a correct and complete Notice of Intent) · authorized Notice of Intent term: 5 years (One five-year extension opportunity is available)

    “Permit Exceptions, a.k.a. Exempt Wells: Small groundwater developments that use 35 gpm or less and do not exceed 10 acre-feet per year are known as “exempt wells” and may qualify for an exception to the water permit process.”
    2 more reviewed findings on this topic
    • Limited — Groundwater development and exempt wells in Montana, including Wibaux County.
      “Beginning Jan. 1, 2026, water users who intend to develop water use through a permit exception must file a Notice of Intent 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.”
  • Mandatory utility hookupWater and sewer (with conditions)

    A subdivision in Wibaux County proposed for review under Title 76, chapter 3 or 4, where the subdivision requests connection and a boundary is within 501 to 1,000 feet of a county water and/or sewer district system component.

    • The proposed subdivision must request the connection.
    • A subdivision boundary must be within 501 to 1,000 feet of any component of the county water and/or sewer district system.
    • The county system must be approved by the Department of Environmental Quality and comply with Title 75, chapter 6, part 1.
    • The managing entity must certify that the system has adequate capacity to meet the proposed subdivision's needs.
    • The connections must be authorized.
    • The system must comply with applicable Department of Environmental Quality regulations.
    • An appropriate water right must exist for the connection.

    subdivision boundary distance from county water and/or sewer district system component: 501 to 1,000 feet

    “A county water and/or sewer district system shall supply water and sewer services to a subdivision proposed for review under Title 76, chapter 3 or 4, if: (1) the proposed subdivision requests the connection; (2) a boundary of the subdivision is within 501 to 1,000 feet of any component of the county system; and (3) the county system meets the following requirements, as established in administrative rule by the department of environmental quality:”
    2 more reviewed findings on this topic
    • Water and sewer (with conditions) — A subdivision in Wibaux County proposed for review under Title 76, chapter 3 or 4, where the subdivision requests connection and a boundary is within 501 to 1,000 feet of a municipal water or sewer system component.
      “A municipal water or sewer system shall supply water and sewer services to a subdivision proposed for review under Title 76, chapter 3 or 4, if: (1) the proposed subdivision requests the connection; (2) a boundary of the subdivision is within 501 to 1,000 feet of any component of the municipal system; and (3) the municipal system meets the following requirements, as established in administrative rule by the department of environmental quality:”
    • Conditional — Water or sewer service received outside incorporated city limits in Wibaux County.
      “Any person, firm, or corporation receiving water or sewer service outside of incorporated city limits may be required by the city or town, as a condition to initiate such service, to consent to annexation of the tract of property served by the city or town. The consent to annexation is limited to that tract or parcel or portion of tract or parcel that is clearly and immediately, and not potentially, being serviced by the water or sewer service.”
  • Agricultural exemptionAvailable (with conditions)

    Farm and ranch buildings under Montana state building-permit jurisdiction.

    • The exemption is stated for the state-level building permit process.
    • Local requirements may still apply.
    “Yes, projects which are exempt from the building permit process (at the state level) include: 1. Farm or ranch buildings.”
  • Subdividing landLimited

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

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

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

    “subdivision comprises only those parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision and sanitation review in Montana, including applicable Wibaux County land divisions.
      “The DEQ Subdivision Program reviews divisions of land comprising less than 20 acres, as well as condominiums and recreational camping vehicle and mobile home parks, regardless of the size of the parcel where they are located. This review is limited to sanitation facilities, including the water supply, sewage disposal, solid waste disposal, and storm drainage systems.”
  • Driveway accessLimited

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

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

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

    • The applicant must check with the local floodplain administrator to determine whether an SFHA has been designated.
    • Covered development includes placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, excavation, new construction or development, placement or replacement of manufactured homes, and new construction, additions, or substantial improvements to residential and commercial buildings.
    • Permit applications are obtained from the local floodplain administrator.
    • Application fees and timelines are established by the local government and vary widely throughout the state.
    “Anyone planning new development within a designated Special Flood Hazard Areas (SFHA).”
  • Short-term rentalsLimited

    Short-term rentals operated in Montana.

    • A Property Manager license is required unless the operator qualifies for an exemption under MCA § 37-56-104 or MCA § 50-51.
    • Local land-use, lodging, tax, and public-accommodation requirements may also apply.

    application fee: 50 USD

    “Short Term Rentals: A Property Manager license is required for short term rentals unless an operator qualifies for an exemption”
  • Permit feesPublished (with conditions)

    Montana state building permits and plan review fees.

    • The permit fee is calculated by the bureau under IBC Section 109.2 as modified by ARM 24.301.138.
    • A plan review fee is in addition to the building permit fee and is 35 percent of that fee.
    • Both fees must be paid before issuance.
    • Certified local governments may establish their own fees and valuation methods.

    plan review fee: 35 percent of building permit fee

    “A plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 109.2. Both the building permit fee and the plan review fee must be paid before a building permit will be issued.”
    One more reviewed finding on this topic
    • Variable (with conditions) — State building permit and plan-review fees for state-administered building permits.
      “The plan review fee is 35 percent of the building permit fee as established in Table 109.2.”
  • Permit processPublished (with conditions)

    State-administered Montana building permits for covered non-exempt construction outside certified local-government jurisdictions.

    • A state permit applies to certain new buildings and alterations, additions, and repairs.
    • Projects within the jurisdictional limits of a certified local government program are excluded from the state permit program.
    • Construction plans and a Building Permit/Plan Review Application must be submitted for review and approval.
    • The permit is issued after plan-review comments are satisfactorily answered and fees are paid.
    • Separate electrical, plumbing, and mechanical permits may be required.
    • The permit holder must notify the inspector when work is ready and provide access for required inspections.

    average plan review time: three weeks (Actual timing depends on workload, project size, and deficiencies.)

    “To obtain a state building permit, submit construction plans and a Building Permit/Plan Review Application to the Building Codes Program for review and approval.”
    One more reviewed finding on this topic
    • Published (with conditions) — State building-permit process in Montana, including Wibaux County where state permitting applies.
      “Once the plans fully comply with the building code and the permit fee has been paid in full, a building permit is issued.”
  • Campground & park staysLimited

    Camping in Montana Fish, Wildlife & Parks public-use sites.

    • Camping is prohibited except in areas specifically designated or marked for camping.
    • A camping unit, vehicle, equipment, or personal items may not be left overnight without a person present.
    • Camping longer than 7 nights at one or more campsites in a public use area during any consecutive 30-day period is prohibited unless otherwise posted by the department.
    • Designated occupancy limits must not be exceeded.
    • Special-use-permit terms must be followed unless otherwise posted.
    • Campsites must be vacated by 1 p.m. on the day of departure; camping facilities must be vacated by 12 p.m. on the day of departure.

    maximum camping duration: <= 7 nights per consecutive 30-day period (unless otherwise posted by the department) · campsite departure time: 1 p.m. · camping-facility departure time: 12 p.m.

    “Unless otherwise posted by the department, within a public use site it is prohibited to: [...] camp at one or more campsites in a public use area for a period of longer than 7 nights during any consecutive 30-day period, beginning with the first night occupied unless otherwise posted by the department;”
    One more reviewed finding on this topic
    • Limited — Dispersed and designated-campground temporary camping on legally accessible Montana state trust land administered by DNRC.
      “Dispersed camping is allowed on state trust land with the appropriate permit and with certain restrictions. Dispersed camping on state trust land is allowed with a Conservation License. Camping that is incidental to hunting or fishing is permitted through your conservation license, and no additional permitting is required. Group camping requires a special recreational use license. On leased or licensed land: 2 days On unleased/unlicensed land: 16 days within a 30-day period Within designated campground: 16 days within a 30-day period”
  • county zoning authorityGeneral

    Montana county boards of commissioners' authority to adopt zoning regulations, including in unincorporated portions of established jurisdictional areas.

    • The board of county commissioners must have adopted a growth policy pursuant to Title 76, chapter 1.
    • Zoning may be adopted for all or parts of the jurisdictional area in accordance with Title 76, chapter 2, part 2.
    • Within unincorporated portions of an established jurisdictional area, the board may establish zoning regulations by resolution or divide the county into zoning districts.
    • Zoning regulations may regulate the erection, construction, reconstruction, alteration, repair, location, or use of buildings or structures and the use of land.
    • An action challenging creation of a zoning district or adoption of zoning regulations must be commenced within 6 months after the board's order.
    • Regulations in one district may differ from those in other districts.
    • The statute also states that zoning regulations may not treat manufactured housing or factory-built housing units differently from other residential units, subject to the statutory presumption concerning placement.

    challenge period: 6 months (after the date of the board order creating the district or adopting the regulations)

    “For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.”
    One more reviewed finding on this topic
    • General — Montana county boards of commissioners adopting zoning regulations for all or parts of their jurisdictional areas, including unincorporated portions where the statutory prerequisites are met.
      “a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations”
  • county building authorityGeneral

    Montana counties may adopt and enforce building codes and require construction permits for residential construction in unincorporated county areas, subject to the statutory certification, geographic, code-content, and permit requirements.

    • A county may adopt a building code by ordinance or resolution, or authorize adoption by administrative action.
    • A county may adopt its building code on a countywide basis unless a city or town within the county has adopted a building code; the county may not enforce its county building code within that city or town.
    • The county code-enforcement program must be certified by the Montana Department of Labor and Industry.
    • The current adopted code, current fee list, and current enforcement plan must be filed with and approved by the Department.
    • Inspectors must satisfy the stated state-licensing or approved national-certification requirements.
    • Except for voluntary incentive-based energy-conservation standards, the county may not adopt or enforce a building code more stringent than the code adopted by the Department or required by state law.
    • The county may prohibit construction from commencing until the required permit is issued after compliance is shown.
    • The general construction-permit requirement applies to buildings subject to Title 50, chapter 60, parts 1 through 4.
    • State agency-owned buildings remain under state Department jurisdiction for plan review, permitting, and inspections.
    “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”
    One more reviewed finding on this topic
    • General — Montana counties' authority to adopt and enforce building codes and require building-code administration for construction in county areas, including unincorporated areas.
      “The local legislative body of a county, city, or town may adopt a building code to apply to the county, city, or town by an ordinance or resolution, as appropriate: (a) adopting a building code; or (b) authorizing the adoption of a building code by administrative action.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • County-wide zoning — Adopted countywide zoning ordinance or zoning resolution applicable to unincorporated Wibaux County land.
  • Local zoning — Local zoning in Wibaux County, including any municipal or other subordinate jurisdiction rules.
  • Zoning districts — Published zoning districts or zoning map for Wibaux County.
  • Minimum dwelling size — Minimum dwelling size in Wibaux County.
  • Minimum lot size — Minimum lot size in Wibaux County.
6 more unanswered
  • Setbacks
  • Lot coverage
  • Building height
  • Camping on your land
  • Tiny homes
  • Septic inspection

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Water rights & wells in Wibaux County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from Montana’s water agency.

Over-appropriated / declining

The aquifer here is over-appropriated and declining. A domestic well is usually still permit-exempt, but long-term supply is a genuine risk.

Household wellExempt up to a limit

Montana's exempt-well exception (85-2-306 MCA) was tightened after Upper Missouri Waterkeeper v. DNRC (2024), and from Jan 1, 2026 appropriators must file a Notice of Intent with DNRC before putting exempt groundwater to use.

Limit: 35 gpm or less AND ≤10 acre-ft/yr; a combined appropriation exceeding 10 acre-ft needs a permit regardless of flow rate

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

    Eastern-Montana CGWA over the stressed Fox Hills-Hell Creek aquifer; new groundwater appropriations require a permit and no increases in flow rate are allowed.

    Montana DNRC — Controlled Ground Water Areas ↗

Prior-appropriation state (first in time, first in right). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the Montana state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Wibaux County, Montana

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

Wibaux County scores 46/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 44 people within a 30-minute drive and manageable long-term carry cost. Watch-outs: thin water margin (15.8″/yr rainfall) and elevated current hazard exposure.

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

Wibaux County does not require a county building permit for a home in unincorporated areas. Onsite septic is permitted by Montana Department of Environmental Quality (DEQ). 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 Wibaux County?

Living in an RV on your own land in Wibaux 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 Wibaux County, Montana?

Land in Wibaux County runs about $934 per acre, based on the latest county data.

What is the water situation in Wibaux County?

Wibaux County gets about 15.8" of rain a year, with severe drought in roughly 14.4% of years. On water rights, Wibaux County lies in the South Pine Controlled Groundwater Area — Eastern-Montana CGWA over the stressed Fox Hills-Hell Creek aquifer; new groundwater appropriations require a permit and no increases in flow rate are allowed..

How remote is Wibaux County?

A representative private-land location has about 44 people within a 30-minute drive and 69,767 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Wibaux compares in Montana

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