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Billings, MT Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Owner-occupancy minimum
6 months per year
Deed restriction required
Recorded with Yellowstone County
Third-party rentals
Barred in owner-occupied unit
By-right districts
N1, N2 (N3 needs special review)

Summary

Billings requires the property owner to live in either the main house or the ADU at least six months a year, with a recorded deed restriction.

2.Ownership and occupancy.(a)The property owner shall live in either the primary or accessory dwelling unit, with one of the units serving as their principal residency for at least six months in a year. No third-party rentals shall occur in the owner-occupied unit.(b)The property owner shall record a deed restriction with the Yellowstone County Recorder requiring owner-occupancy of the property.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 66 Update 2).

Full Breakdown

Under Sec. 27-1008.G of the Billings zoning code, accessory dwelling units are allowed by right in N1/N2 districts (special review in N3), but the property owner must occupy either the primary or accessory unit as their principal residence at least six months annually. No third-party renting of the owner-occupied unit is allowed, and the owner must record a deed restriction with the Yellowstone County Recorder proving owner-occupancy before the ADU can be used.

Violations & Fines

Renting both units to third parties without owner-occupancy, or skipping the recorded deed restriction, puts the ADU out of compliance with the zoning approval and can trigger code enforcement action by the Planning and Community Services Department.

Frequently Asked Questions

Can I rent out both the house and the ADU in Billings?
No. One of the two units must be the owner's principal residence for at least six months a year; the owner-occupied unit cannot be rented to a third party.
Does Billings require paperwork proving owner-occupancy?
Yes: a deed restriction requiring owner-occupancy must be recorded with the Yellowstone County Recorder and evidence filed with the city.

Sources & Official References

Other rules in Billings

Parking Rules: Overnight ParkingSignificant RestrictionsNoise Ordinances: Quiet HoursSome RestrictionsADU RulesSome RestrictionsShed & Carport RulesSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsNoise Ordinances: Barking DogsSome RestrictionsParking Rules: EV ChargingSome RestrictionsParking Rules: Driveway RulesSome Restrictions

All Billings rules

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