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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).

View official code

Full Breakdown

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. 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. 3(b)(2)). 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

Other rules in Yellowstone County

Short-Term Rental PermitsSignificant RestrictionsHost Presence RuleSome RestrictionsShort-Term Rental Parking RulesSome RestrictionsRepeat Violator StrikesSignificant RestrictionsOccupancy LimitsSome RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: EV ChargingSome RestrictionsParking Rules: Snow Removal Parking RulesSome RestrictionsFence Regulations: Fence Permit RequirementsSome RestrictionsFence Regulations: Retaining WallsLight Restrictions

All Yellowstone County rules

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