Montana Ordinances (2026)

Montana SB 528, codified in 2023, requires cities and counties to allow accessory dwelling units on lots zoned for single-family use. Local governments cannot impose owner-occupancy, family-only, or excessive…

Montana adopts statewide building and residential codes through the Department of Labor and Industry. Tiny houses on foundations follow IRC Appendix Q, while RV-classified tiny homes on wheels are regulated as…

Montana's animal cruelty statute applies universally and addresses neglect, deprivation, and conditions characteristic of hoarding regardless of local ordinances or jurisdiction across the state.

Montana requires all beekeepers to register hives with the Department of Agriculture annually. The state apiary law preempts local registration mandates and sets disease standards uniformly.

Montana's Right to Farm and Ranch Act bars nuisance suits against established agricultural operations statewide, limiting local ordinances that retroactively restrict livestock and poultry on agricultural land.

Montana law requires Fish, Wildlife and Parks permits to possess exotic, wild, or roadside menagerie animals. State licensing preempts local exotic pet rules across Montana communities.

Montana state law prohibits intentional or negligent feeding of deer, elk, bears, and other game animals statewide. The rule preempts municipal allowance and applies on private property.

Montana setbacks are primarily set by local zoning, but the Montana Subdivision and Platting Act under MCA 76-3-101 establishes baseline review standards. SB 382 (2023) and recent housing reforms preempt…

Montana sets statewide licensing for marijuana dispensaries under Title 16, Chapter 12, MCA, including a 500-foot buffer from schools and places of worship. Counties that voted against I-190 may opt out, but…

Montana law (Title 16, Chapter 12, MCA) sets uniform statewide rules for adult-use marijuana home cultivation, allowing limited plants per household. The state framework controls plant counts, security, and…

Montana statute MCA 45-8-103 establishes a default curfew framework prohibiting persons under 18 from being in public places between 11 PM and 5 AM. Cities may enact stricter ordinances using this enabling…

Commercial drone pilots in Montana must hold an FAA Part 107 Remote Pilot Certificate. The FAA preempts local flight regulation, while Montana statutes restrict surveillance, evidence collection, and uses…

FAA rules govern airspace, while Montana law (MCA 45-8-213, 46-5-109) prohibits drone surveillance of private property and protected uses. Local governments cannot regulate flight, but state privacy and…

Montana sets a statewide minimum wage under MCA 39-3-409, while MCA 39-3-411 historically allows local governments to set higher minimum wages within their jurisdictions.

Montana has no statewide paid sick or family leave mandate, and the state's wage statute MCA 39-3-411 does not clearly authorize or preempt local paid leave ordinances.

Montana has no statewide predictive scheduling law, and no Montana local government has enacted scheduling mandates of the kind seen in larger US cities.

The Montana Floodplain and Floodway Management Act (Title 76, Ch. 5, MCA) requires DNRC-approved local floodplain regulations meeting NFIP standards. State minimum standards apply uniformly; local governments…

Montana statute MCA 70-16-205 establishes the partition fence rule: when a neighbor encloses land bordering an existing fence, they must pay a just proportion of the fence value. Property line fence disputes…

Montana adopts the International Swimming Pool and Spa Code through state building code adoption under MCA 50-60-203. Pool barriers must be at least 48 inches high with self-closing, self-latching gates. The…

Montana law restricts the sale and discharge of consumer fireworks to specific dates around July 4th and New Year's Eve. State statute defines permissible fireworks, sales periods, and minimum age requirements…

Montana requires permits for most outdoor burning between March 1 and November 30 under Department of Environmental Quality rules. Burn permits, issued through the state's online system or county sanitarians…

Montana adopts NFPA 58 Liquefied Petroleum Gas Code statewide through the State Fire Prevention and Investigation Section. Storage setbacks, tank sizing, installation, and licensing of LP-gas dealers are…

Montana DNRC designates wildfire hazard zones and implements statewide fire restriction stages. During declared restrictions, certain activities including campfires, smoking outdoors, and equipment use are…

Montana permits concealed carry without a permit for most adults under HB 102 (2021), while still issuing optional permits under MCA 45-8-321 for reciprocity and convenience.

Montana statute MCA 45-8-351 broadly preempts local governments from regulating the purchase, sale, ownership, possession, transportation, or transfer of firearms and ammunition.

Open carry of firearms is broadly lawful in Montana for adults who may legally possess a firearm, with local restrictions preempted by MCA 45-8-351.

Montana law under MCA 45-8-316 generally allows adults to carry firearms in vehicles, with permitless concealed carry now extended to most public places under HB 102 (2021).

Montana requires all mobile food establishments to obtain state retail food licenses through the Department of Public Health. Local jurisdictions cannot waive state food safety inspections or licensure.

Montana has no general HOA statute creating an assessment lien, so an ordinary homeowners' association's lien and foreclosure power come only from the recorded declaration. Condominiums are different: the Unit…

Most Montana HOAs are nonprofit corporations governed by the Montana Nonprofit Corporation Act (Title 35, Ch. 2): an annual members' meeting (§ 35-2-526), special meetings on a 5% member demand (§ 35-2-527)…

Montana covenant and architectural disputes turn on the recorded declaration and common-law rules of restrictive covenants. Section 70-17-210 sets who may enforce a covenant and codifies an abandonment rule…

Montana has no statute that caps HOA fines, sets a notice period, or requires a hearing before a homeowners' association penalizes an owner. Fine authority comes entirely from the recorded declaration and…

Montana's main statutory check on HOA power is § 70-17-901 (2019): an HOA may not enforce a covenant imposing more onerous restrictions on a member's existing uses — residential, agricultural, commercial, or…

The Montana Local Food Choice Act (MCA 50-50-116 to 50-50-122) preempts local food licensing for direct producer-to-consumer sales of homemade foods. Cities cannot require permits or inspections for qualifying…

Montana requires state registration or licensure for home-based child care under Title 52, Chapter 2, MCA. The Department of Public Health and Human Services sets capacity, safety, and background-check…

Montana has not enacted a statewide E-Verify mandate for private employers, leaving use of the federal employment eligibility system voluntary except for federal contractors.

Montana has no statewide sanctuary preemption law in force; HB 200 attempted to ban sanctuary jurisdictions but was vetoed, leaving local discretion under existing cooperation norms.

Montana law permits rainwater harvesting from rooftops for non-consumptive uses without a water right. Cisterns and storage are not separately regulated by the state, but collection cannot interfere with…

Montana's Water Use Act vests water rights administration with the Department of Natural Resources and Conservation. Cities cannot grant or override water rights, though local utilities may impose…

Montana's County Noxious Weed Control Act requires every landowner to manage state-listed noxious weeds on their property. County weed districts have statutory authority to inspect, notify, and force…

Aircraft noise in Montana is governed almost entirely by federal law under the Federal Aviation Act and FAA regulations. State and local authorities generally cannot regulate flight operations, altitudes, or…

Montana state law treats persistently barking dogs as a public nuisance under MCA 27-30-101. While most enforcement occurs at the city or county level, the statewide nuisance framework allows neighbors to…

Montana enacted MCA 17-7-216 requiring state-funded outdoor lighting fixtures to be shielded and minimize light pollution. The statute applies to state buildings and state-funded projects. Local jurisdictions…

Light trespass in Montana is addressed primarily through the general nuisance statute MCA 27-30-101. Excessive artificial light spilling onto neighboring property can constitute an actionable nuisance when it…

Montana Title 61, Ch. 12, MCA establishes uniform statewide procedures for declaring vehicles abandoned, towing, lien sales, and title transfer. Local governments must follow state notice and disposition…

Under Mont. Code Ann. § 70-24-422, a Montana landlord may terminate for unpaid rent if the tenant fails to pay within 3 days after written notice. Most lease violations carry a 14-day cure period, but…

Mont. Code Ann. § 70-24-303 requires Montana landlords to keep rentals fit and habitable — meeting building codes, maintaining utilities, supplying running water, reasonable hot water, and heat from October 1…

Montana's Residential Landlord and Tenant Act establishes statewide eviction procedures and grounds. Cities cannot impose just-cause eviction requirements beyond state law, which permits non-renewal of…

Under Mont. Code Ann. § 70-24-312, a Montana landlord must give the tenant at least 24 hours' notice of intent to enter and may enter only at reasonable times. Entry is allowed to inspect, repair, supply…

Montana's Residential Landlord and Tenant Act sets no statutory cap on late rent fees and requires no grace period. Late fees are governed only by the rental agreement under Mont. Code Ann. § 70-24-201, and…

Under Mont. Code Ann. § 70-24-441, either party may end a month-to-month tenancy with at least 30 days' written notice and a week-to-week tenancy with 7 days' written notice. A fixed-term lease ends on its own…

Rent control is prohibited at the local level in Montana. Mont. Code Ann. § 7-1-111(26) denies every local government any power to control the amount of rent charged for private residential or commercial…

Montana sets no cap on how much rent may rise and has no statewide rent control. For a month-to-month tenancy, a landlord changing rent or other terms must give at least 30 days' written notice; a week-to-week…

Montana sets no statutory limit on the size of a residential security deposit. Under Mont. Code Ann. § 70-25-202, a landlord must return the deposit within 10 days when there are no deductions, or deliver a…

Montana adverse possession is hard to establish. Under Mont. Code Ann. § 70-19-411, a claimant must occupy and claim the land continuously for 5 years and must have paid all state, county, and municipal taxes…

Montana counties may adopt zoning that protects agricultural land, while MCA 27-30-101 limits nuisance challenges and reinforces the priority of established farm uses.

Montana's Right to Farm and Ranch Act in MCA 27-30-101 protects qualifying agricultural operations from nuisance lawsuits when conducted using generally accepted practices.

Montana law requires short-term rental platforms and hosts to maintain liability coverage and disclose insurance information. Homeowner policies typically exclude commercial use, so hosts must obtain…

Montana imposes a statewide 4% lodging facility use tax and a 4% sales tax on short-term rental accommodations. Hosts must register with the Department of Revenue, collect taxes from guests, and remit them…

Political signs in Montana are protected by the First Amendment and Article II of the Montana Constitution. Following Reed v. Town of Gilbert, content-based restrictions on political signs are subject to…

Montana enacted MCA 7-5-103 in 2021, preempting local governments from regulating, banning, or imposing fees on plastic bags and other auxiliary containers.

Polystyrene foam food containers are not banned statewide in Montana, and MCA 7-5-103 prevents local governments from enacting bans or fees on these auxiliary containers.

Montana does not regulate plastic straws statewide and prevents local governments from imposing straw bans through the auxiliary container preemption in MCA 7-5-103.

Montana recognizes solar easements and limits homeowner association covenants that prohibit solar collectors, providing statutory rights to negotiate solar access agreements between neighboring properties…

Montana law gives consumers a statewide three-day right to cancel door-to-door sales of $25 or more. Sellers must provide written notice of cancellation rights, and the protections apply regardless of any…

Montana adopts the International Building Code and International Swimming Pool and Spa Code statewide. Local jurisdictions enforce barrier requirements but cannot weaken state minimum safety standards.

Montana regulates public swimming pools, spas, and bathing places under state health rules requiring licensing, water quality testing, and lifeguard standards regardless of local jurisdiction.

Montana law under MCA 50-50A-103 prohibits sale of tobacco, vapor, and alternative nicotine products to anyone under age 21, aligning with federal Tobacco 21.

Montana has not enacted a statewide flavored tobacco or vapor ban, leaving most flavored products legal for sale to adults 21 and older under MCA 50-50A-103.

Montana regulates vapor product sales statewide under MCA Title 16 and 50-50A, requiring retailer compliance with age verification and licensing for tobacco-related products.

Montana DEQ regulates solid waste disposal under Title 75, Chapter 10, requiring use of licensed landfills or transfer stations for bulk waste. Illegal dumping is a state-level offense with criminal and civil…