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Yellowstone County, MT Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

Occupancy test
Owner or long-term tenant, 180+ days/year
Applies in
A, RR1, RR3, N1-N4, RRMH, NMU, CMU1-2, RMH
Approval required
Special Review under § 27-1622
Permit cap
1 per dwelling, max 2 per property
ADU rule
Only 1 of principal + ADU may be an STR
Commercial districts
180-day test does not apply (§ 27-1005.O.3(c))

Summary

In the county's agricultural and residential zone districts, a guest home can only get a short-term rental permit if it is owner-occupied or occupied by a long-term tenant for at least 180 days a year, and even then only with Special Review approval under Section 27-1622. Non-owner-occupied investment properties do not qualify for a permit in these districts.

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.

(1) Type of Permits: Only guest homes that are owner or long-term tenant occupied for at least 180 days per year are permitted with Special Review approval (Sec. 27-1622).

Full Breakdown

Section 27-1005.O.3(b) of the Yellowstone County Zoning Code applies a residency test to guest home short-term rentals in the county's lower-intensity districts: A, RR1, RR3, N1, N2, N3, N4, RRMH, NX1-3, NO, NMU, CMU1-2, and RMH. In those districts, only a guest home that is owner-occupied, or occupied by a long-term tenant, for at least 180 days per year qualifies for a short-term rental permit, and even a qualifying property must still go through Special Review approval under § 27-1622 rather than being approved administratively (§ 27-1005.O.3(b)(1)).

A property that sits vacant or is used purely as a non-owner-occupied rental for less than 180 days a year does not meet this test in these districts, so it cannot be permitted as a short-term rental there. The same subsection also caps the number of permits available even for a qualifying property: one short-term rental permit per dwelling unit, with a maximum of two permits per property, and if a lot has both a principal dwelling and an accessory dwelling unit, only one of the two may be used as a short-term rental (§ 27-1005.O.3(b)(2)).

The 180-day occupancy test does not apply in the county's more commercial districts, NX1 through NX3, NO, NMU, CMU1, CMU2, CX, C3, P2, and P3, where both guest homes and tourist homes are permitted under a different set of unit-count limits in § 27-1005.O.3(c).

Violations & Fines

A guest home short-term rental operating in a residential or agricultural district without meeting the 180-day owner- or long-term-tenant-occupancy test, or without the Special Review approval § 27-1005.O.3(b)(1) requires, is operating in violation of the Zoning Code. That exposes the property to the general penalties of § 27-1704.G, a misdemeanor punishable by a fine up to the state statutory limit or up to six months in jail, plus a possible permit revocation or stop-use order under § 27-1704.C and .E.

Frequently Asked Questions

Can I short-term rent a house I don't live in?
In the county's agricultural and residential districts, no, unless a long-term tenant occupies it for at least 180 days a year. Section 27-1005.O.3(b)(1) limits guest home short-term rental permits in these districts to properties that are owner-occupied or long-term-tenant-occupied for 180-plus days annually, and even then the use needs Special Review approval under § 27-1622.
Does the 180-day occupancy rule apply everywhere in the county?
No. It applies only to guest homes in the A, RR1, RR3, N1 through N4, RRMH, NX1-3, NO, NMU, CMU1-2, and RMH districts under § 27-1005.O.3(b). In the county's more commercial districts, such as CX and C3, both guest homes and tourist homes are permitted under a different unit-count standard in § 27-1005.O.3(c) without the 180-day test.
Can I rent out both my house and a backyard accessory dwelling unit short-term?
No. Section 27-1005.O.3(b)(2)(i) allows only one of the two, the principal single-unit dwelling or the accessory dwelling unit, to be used as a short-term rental if a property contains both. The overall property is also capped at two short-term rental permits regardless of how many dwelling units it contains.

Sources & Official References

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