Yellowstone County, MT Short-Term Rentals: Primary-Residence-Only Rule (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.
(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?
Does the 180-day occupancy rule apply everywhere in the county?
Can I rent out both my house and a backyard accessory dwelling unit short-term?
Sources & Official References
Other rules in Yellowstone County
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