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Yellowstone County, MT Solar Energy: Panel Permits (2026)

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

Key Facts

Tier 1 max size
2,000-4,000 sf or 25% of lot
Tier 1 height
10 ft residential, 20 ft other districts
Tier 2/3 permit
Zoning compliance permit or special review
Required plans
Landscape, stormwater, maintenance, decommissioning plans
Tier 2 setback
100 ft from residential districts, commercial/industrial
Governing section
Yellowstone County Zoning Code § 27-1007.B
Enforcement
Misdemeanor; fine plus up to 6 months jail

Summary

In unincorporated Yellowstone County, Montana, a rooftop or ground-mounted solar array is regulated as a Solar Energy Facility (SEF) under three size tiers. Tier 1 accessory systems serving one property face the lightest review, while Tier 2 intermediate and Tier 3 large-scale SEFs need a zoning compliance permit or special review that includes a landscape plan, a stormwater management plan, a maintenance plan, and a decommissioning plan.

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

5. Permit Required

(a) The following permit requirements are applicable to SEF systems. Complete permit submission requirements and processes are provided in Section 27-1600.

(b) Submission Requirements for Tier 2 and Tier 3 SEFs: Tier 2 zoning compliance permit and Tier 3 special review SEF applications shall include the following information:

(1) A landscape plan showing that all areas occupied by the facility that are not utilized for access to operate and maintain the installation shall be planted and maintained with a naturalized grass or other vegetation for the purpose of soil stabilization or other methods approved by the zoning coordinator.

(2) A storm water management plan showing existing and proposed grading and drainage demonstrating no net increase in runoff.

Full Breakdown

B of the Yellowstone County Zoning Code splits solar installations into three tiers based on size and whether the power serves the site or is exported. A Tier 1 accessory system, building-mounted or ground-mounted, is capped at 2,000 square feet or 25% of the lot in residential and mixed-use districts and 4,000 square feet or 25% of the lot in agricultural, commercial, industrial, and public districts, whichever is less, and its height is limited to 10 feet in residential districts and 20 feet elsewhere for ground-mounted units, or up to five feet above the roofline for building-mounted panels.

Tier 2 ground-mounted systems in the I1 district can run up to 10 acres and up to 20 acres in I2, and any Tier 2 SEF sited in a commercial or industrial district must keep a 100-foot setback between the installation boundary and any residential district; Tier 3 size is set case by case through special review. 8, all submitted through the permitting process described in Section 27-1600. Approved facilities must also file an annual compliance statement confirming the system is active and giving current owner and emergency contact information.

Every SEF, regardless of tier, must avoid siting over a septic system or leach field without Department of Environmental Quality approval, use only motion-activated, fully shielded lighting if lighting is installed, and be enclosed by a six-foot fence (eight feet if topped with razor or barbed wire) unless the project runs full-time security or video surveillance.

Violations & Fines

Installing or expanding a Solar Energy Facility without the required zoning compliance permit or special review, or beyond the tier's size and height caps, is a Zoning Code violation and a misdemeanor under Section 27-1704.G, carrying a fine up to the state statutory limit, up to six months in jail, or both, with each day of noncompliance a separate offense. The zoning coordinator can also deny permits, issue a stop-work order, or revoke an approval that departs from the approved plans.

Frequently Asked Questions

Do I need a permit for a small rooftop solar system in unincorporated Yellowstone County?
A Tier 1 accessory system, meaning it primarily powers your own property, is capped at 2,000 square feet or 25% of the lot in residential districts, 4,000 square feet in agricultural, commercial, industrial, or public districts, and 10 feet tall in residential zones. Section 27-1007.B.5 requires only Tier 2 and Tier 3 systems to submit the full landscape, stormwater, maintenance, and decommissioning plan package.
How close to a neighboring house can a commercial solar array be built?
If the array is a Tier 2 Intermediate Solar Energy Facility in a commercial or industrial district, Section 27-1007.B requires a 100-foot minimum setback between the edge of the installation boundary and any residential district. Tier 1 and Tier 2 SEFs also cannot sit between the front building line and the street, and every SEF must otherwise meet the setbacks of its own zone district.
What happens if a solar farm stops producing power?
A Tier 2 or Tier 3 facility that stops producing electricity on a continuous basis for 12 months is considered abandoned unless the owner shows the County substantial evidence there is no intent to abandon it. Tier 1 systems are exempt from this abandonment clock. An abandoned facility must be re-used, transferred, or dismantled under the decommissioning requirements the Zoning Code sets for solar facilities.
Do I need to do anything after my solar permit is approved?
Yes. Section 27-1007.B.5(c) requires every SEF permit holder to submit an annual compliance statement confirming the system is still active and compliant, along with current owner and emergency contact information. The County can also conduct its own separate compliance inspection at any time to verify what the operator reports.

Sources & Official References

Other rules in Yellowstone County

All Yellowstone County rules

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