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Yellowstone County, MT Cannabis Regulations: Buffer Zones (2026)

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

Key Facts

Buffer distance
600 feet from protected uses
Protected uses
Schools, churches, playground parks, day cares, youth centers
Variance allowed
None; distance cannot be reduced or adjusted
Measured from
Dispensary building exterior to protected-use property line
Governing section
Yellowstone County Zoning Code § 27-1005.Q
Enforcement
Misdemeanor; fine plus up to 6 months jail
Administering agency
Joint City-County Planning Division

Summary

In unincorporated Yellowstone County, Montana, marijuana dispensaries must sit at least 600 feet from religious institutions, schools, playground parks, day care centers, youth centers, and behavioral health facilities. The Yellowstone County Zoning Code sets this buffer as an absolute floor: the County Zoning Commission and Board of County Commissioners allow no variance, adjustment, or reduction, so a site that falls short cannot be approved regardless of hardship.

These county ordinances apply to unincorporated areas of Yellowstone County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

MARIJUANA DISPENSARIES The following standards apply to all marijuana dispensaries within the County jurisdictional zoning area.

1. Separation distances.

(a) All marijuana dispensaries shall be separated by 600 feet from religious institutions, primary and secondary educational facilities, public parks that contain a children's playground or playfield, day care centers, youth centers, behavioral health facilities ("protected use" as defined in subsection 27-1802.G) as measured from the exterior of the occupied building space of the marijuana dispensary to the property line of the protected use.

(b) Required separations are not subject to reduction, adjustment, or variance and dispensaries shall not be approved within the distances specified.

(c) Existing facilities that do not meet this required separation will be considered nonconforming uses and will be regulated by Section 27-1500 (Nonconformities) of this code.

Full Breakdown

Q, applies these separation standards to every marijuana dispensary sited in the county's unincorporated jurisdictional zoning area, which excludes Billings, Laurel, and Broadview since each has its own zoning authority. The 600-foot buffer runs from the exterior of the dispensary's occupied building space to the property line of the protected use, not from lot line to lot line, so a large parcel can sometimes still work if the building itself sits far enough back. G. 1(b) forbids reducing, adjusting, or varying the distance, the Consolidated Yellowstone County Zoning Commission has no discretion to approve an application that falls inside the buffer, no matter the site plan.

A dispensary already operating when the buffer took effect but now boxed in by a newly built school or church is treated as a legal nonconforming use under Article 27-1500, not shut down outright, but it is restricted from expanding under the nonconformity rules. 2 layers on a second restriction: a dispensary cannot be combined on the same site with a marijuana cultivation, transportation, testing laboratory, or manufacturing use unless the required separation distances are independently met for that additional use, and every marijuana use counts as a primary use for zoning purposes.

Applicants pull definitions of marijuana business terms straight from Titles 15, 16, and 50, MCA, except where Section 27-1803 supplies a county-specific definition. The joint City-County Planning Division reviews siting against this buffer before any zoning compliance permit or special review application for a dispensary can move forward.

Violations & Fines

Operating or approving a dispensary inside the 600-foot buffer violates the Yellowstone County Zoning Code and is a misdemeanor under Section 27-1704.G, punishable by a fine up to the state statutory limit, up to six months in the county jail, or both, with each day of continuing violation counted as a separate offense. Before that, the zoning coordinator can deny or withhold permits, order a stop-work or stop-use action, or revoke an existing approval under Section 27-1704.

Frequently Asked Questions

Can Yellowstone County grant a variance if my dispensary site is a few feet short of the 600-foot buffer?
No. Section 27-1005.Q.1(b) of the Yellowstone County Zoning Code states the required separations are not subject to reduction, adjustment, or variance, and dispensaries cannot be approved within the specified distances. The Consolidated Yellowstone County Zoning Commission has no authority to waive the buffer, so the only fix is relocating the building or the protected use footprint.
What counts as a protected use for the marijuana buffer?
Religious institutions, primary and secondary educational facilities, public parks containing a children's playground or playfield, day care centers, youth centers, and behavioral health facilities all count, defined together as a protected use in Section 27-1802.G of the Zoning Code. The 600 feet is measured from the exterior of the dispensary's occupied building space to the protected use's property line.
Can a dispensary also run cultivation or testing on the same lot?
Only if the required separation distances are independently met for that second use. Section 27-1005.Q.2 bars combining a dispensary with a marijuana cultivation, transportation, testing laboratory, or manufacturing operation on one site unless each use clears the 600-foot buffer on its own, since every marijuana use is treated as a primary use under the county's zoning rules.
What happens to a dispensary that was compliant but a new school moved in nearby?
It becomes a legal nonconforming use under Article 27-1500 of the Zoning Code rather than being forced to close. It can keep operating, but it is restricted from expanding its footprint, and any rebuild after damage must be evaluated under the nonconformity rules that apply to uses the current Zoning Code no longer permits outright.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

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