ADU rules in Billings, MT — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Montana SB 528, codified in 2023, requires cities and counties to allow accessory dwelling units on lots zoned for single-family use. Local governments cannot impose owner-occupancy, family-only, or excessive parking requirements.
Senate Bill 528 from the 2023 legislature, codified at MCA 76-2-345, mandates that any city or county zoning single-family dwellings must also permit at least one ADU on the same lot, either attached or detached. Local governments cannot require the owner to occupy the primary dwelling, restrict ADU occupancy to family members, mandate more than one parking space for the ADU, or charge separate impact fees beyond actual cost. Setback and height standards must match those for the primary structure. This represents a major statewide preemption of municipal zoning.
Local ordinances conflicting with MCA 76-2-345 are unenforceable. Property owners may seek injunctive relief and attorney fees against non-compliant municipalities.
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