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 parking requirements.

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 recreational vehicles under state law.

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 cities over 5,000 from prohibiting duplexes on single-family lots and impose specific zoning constraints.

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 green-light counties must allow licensed dispensaries.

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 visibility, leaving little room for local override of personal cultivation rights.

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 authority.

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 interfering with hunting or wildlife.

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 trespass statutes apply uniformly statewide.

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 may exceed but not weaken them.

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 also fall under Montana spite fence and adverse possession doctrines.

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 code applies statewide for new residential pool construction and is enforced by local building departments.

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 that apply uniformly, though local governments may impose stricter rules or outright bans.

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, regulate timing, materials, and air quality conditions statewide.

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 regulated uniformly, with the State Fire Marshal enforcing compliance across all jurisdictions.

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 prohibited regardless of local ordinances, with violations carrying criminal penalties.

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.

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 cottage food operations meeting state labeling rules.

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 standards that apply uniformly statewide.

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 senior downstream water rights.

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 drought-related conservation rules on customers.

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 compliance, with costs assessed against the landowner.

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 in-flight noise. Montana airports may impose proprietor-based restrictions consistent with federal law under MCA Title 67.

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 pursue civil abatement actions against owners of dogs whose barking unreasonably interferes with use of property.

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 retain authority over private dark sky ordinances, with Glacier National Park area communities adopting strict standards.

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 unreasonably interferes with use and enjoyment of property. Local ordinances supplement this framework.

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 rules; private property owners follow specific statutory steps.

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 month-to-month tenancies with proper notice.

Montana law expressly prohibits cities, counties, and other political subdivisions from enacting any form of residential rent control. The preemption applies regardless of housing emergency declarations or local voter initiatives.

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 commercial or hosting liability coverage that satisfies state insurance code standards.

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 quarterly regardless of any local ordinance.

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 strict scrutiny. Montana cities cannot impose stricter time, size, or duration limits on political signs than other temporary signs.

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 statewide.

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 local solicitation ordinance.

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 penalties applicable everywhere in Montana.