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Yellowstone County, MT Environmental Rules: Erosion Control (2026)

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

Key Facts

Swale/berm requirement
Sod or erosion control product required
Irrigation precipitation cap
0.75 inches per hour on steep slopes
Triggering slope
Steeper than 30%, over 1,000 sq ft
Compliance check
Confirmed at final landscape inspection
Broader grading rules
Live in county Subdivision Regulations, not zoning code

Summary

Yellowstone County's zoning code requires sod or another erosion control product anywhere a landscaped lawn sits in a swale, berm, or other spot prone to erosion, and it bars high-flow irrigation on steep, larger landscaped slopes unless the design adds swales, infiltration trenches, or bio-detention to stop runoff.

City-specific rules exist: Billings has its own erosion control rules that differ from Yellowstone County's county-level regulations. If you live in Billings, check the city-specific page instead.

7. Lawn Grass Grass areas may be sodded, plugged, sprigged, or seeded, except that sod or other erosion control products shall be used in swales, berms, or other areas subject to erosion. ... (c) Irrigation systems with a precipitation rate exceeding 0.75 inches per hour shall be prohibited on areas exceeding 1,000 square feet with a slope greater than 30 percent unless: (1) Infiltration trenches, vegetated swales, bio detention areas, and similar facilities as approved by the county are employed to reduce runoff, or (2) The landscape designer specifies an alternative design or technology that clearly demonstrates to the county's satisfaction no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the final landscape inspection.

Full Breakdown

Section 27-1208.D(7) sets the baseline rule for any required landscaping: grass areas may be sodded, plugged, sprigged, or seeded, "except that sod or other erosion control products shall be used in swales, berms, or other areas subject to erosion," a plain instruction that ordinary loose seed is not good enough on slopes and drainage features likely to wash out. The same article's irrigation standards reinforce that rule for automatic systems: under Section 27-1208.F(1)(c), an irrigation system with a precipitation rate above 0.75 inches per hour is prohibited on any landscaped area larger than 1,000 square feet with a slope steeper than 30 percent, unless the landscape plan adds infiltration trenches, vegetated swales, bio-detention areas, or a similar county-approved facility to cut runoff, or the designer proves to the county's satisfaction that an alternative design will produce no runoff or erosion at all. Either way, the final landscape inspection has to confirm no runoff or erosion actually occurred before the project is signed off.

These standards apply only to landscaping installed under an approved zoning compliance permit; they are not a general grading or stormwater ordinance for construction sites at large. Broader erosion and sediment control tied to subdividing land in Yellowstone County falls under the county's separate Subdivision Regulations, a different set of rules from this zoning code.

Violations & Fines

A landscape plan that seeds a swale or berm with ordinary grass instead of sod or another erosion product, or that installs a high-precipitation-rate sprinkler on a steep slope without runoff controls, can fail the final landscape inspection required before the zoning compliance permit closes out, holding up any posted landscaping security until the erosion problem is corrected.

Frequently Asked Questions

Can I just seed a drainage swale with regular lawn grass?
No. Section 27-1208.D(7) requires sod or another erosion control product anywhere grass is planted in a swale, berm, or other area subject to erosion; ordinary sprigged or seeded grass is only allowed on land that isn't erosion-prone.
Are high-output sprinklers allowed on a steep landscaped slope?
Not without extra protection. Section 27-1208.F(1)(c) bars any irrigation system delivering more than 0.75 inches per hour on a slope over 30 percent and larger than 1,000 square feet, unless the plan adds swales, infiltration trenches, or bio-detention to stop runoff.
Does this section cover erosion control for a whole construction site or subdivision?
No. It governs only landscaping installed under a zoning compliance permit. Broader grading and erosion control tied to dividing land is addressed separately in the county's Subdivision Regulations, not in this zoning code.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

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