The Montana thesis: five conditions that shape the plan
A Montana site plan is shaped less by a zoning code than by the subdivision and sanitation statutes that sit underneath it. Five conditions set the drawing and the approval path.
1. There is no statewide zoning, so subdivision and sanitation review carry the weight. County zoning is optional under MCA Title 76, ch. 2. Part 1 districts are citizen-initiated: 60% of owners in an area as small as 40 acres may petition to create one. Part 2 districts are commission-initiated [6, 7]. Ravalli County has no Part 2 zoning at all and more than 40 Part 1 districts [8]. On unzoned rural land there is no site plan or zoning review. The binding constraints are the Subdivision and Platting Act (MCA Title 76, ch. 3) where land is divided, and DEQ sanitation review (Title 76, ch. 4) where lots fall under 20 acres or an RV park, mobile-home park or condominium is proposed [9].
2. An RV park is a subdivision for sanitation purposes, whatever its acreage. DEQ reviews water and wastewater for new lots under 20 acres and for all RV and mobile-home parks and condominiums regardless of parcel size [1]. A sanitary restriction bars any water- or sewer-served structure until a Certificate of Subdivision Approval (COSA) removes it [10]. On an RV park, the pad count on the preliminary plan is the count DEQ reviews, and it also sets the campground license tier [3].
3. The architect seal follows the practice act's exemptions. MCA 37-65-103 exempts residential construction of less than eight living units regardless of size or cost, farm buildings not used as public buildings, alterations that do not affect structural safety or public health, and the preparation of details and shop drawings [11]. When an architect prepares the drawings, ARM 24.114.402 requires every technical submission to carry the architect's seal and signature, with the original signature on the permit set; electronic seals and signatures are accepted [12]. Grading and drainage, stormwater, road and utility design, structural work and DEQ water and wastewater documents require a PE seal [13]. The unit count and building use on the preliminary plan tell the team early whether a project sits inside those exemptions.
4. The Montana Miracle is settled law. On March 17, 2026, the Montana Supreme Court unanimously upheld SB 323, SB 528, SB 245 and SB 382 in Montanans Against Irresponsible Densification (MAID) v. State, legalizing duplexes and ADUs statewide in cities over 5,000 [4]. Kalispell must adopt its Montana Land Use Planning Act (MLUPA) land use plan by May 2026 [14]. For infill parcels in those cities, the duplex and ADU options belong in the yield study from the first draft.
5. Lakes carry their own permit and a 20 ft zone. Lake County's lakeshore protection zone covers land within 20 horizontal feet of the mean annual high-water elevation [15]. On Whitefish Lake, Flathead County jurisdiction extends up from the low-water mark, established at 2,996.44 ft NAVD88 [16]. Flathead County is amending its lake and lakeshore rules through 2026 (SB 168, MCA 75-7-218) [17], so dock and setback details are confirmed against the current regulations when a lakefront plan starts.
Approval layers: state, county and city
Montana splits approvals across three levels and a set of special districts. The state approves no site plans; its gates are sanitation, stormwater, tanks, the building code where no local program exists, highway access and licensed uses.
| Layer | Body | What it decides |
|---|---|---|
| State | Department of Environmental Quality | Sanitation in subdivisions (Title 76, ch. 4), construction stormwater, underground storage tanks [1] |
| State | Department of Labor and Industry, Building Codes Bureau | Plan review and building permits where a jurisdiction has not assumed code enforcement [18] |
| State | Department of Public Health and Human Services | Licences for RV parks, campgrounds and trailer courts, lodging and assisted living [19] |
| State | Montana Department of Transportation | Approach (driveway) and encroachment permits on state highway right-of-way [20] |
| County | County commission | Preliminary and final plats; subdivision exemption claims by certificate of survey; conditional use permits where zoning exists |
| County | County or city-county health department | Delegated DEQ sanitation review in many counties; septic permits |
| City | Council or commission and planning department | Site plans, subdivisions inside city limits, conditional use permits, building permits where the city runs a certified program |
| Special districts | Counties, conservation districts, fire districts | Lakeshore permits; 310 permits for stream work; water supply and sprinkler review |
A joint application form (MCA 76-4-129) lets the local subdivision review and the state sanitation review run at the same time [9]. Inside the larger cities, the site plan is reviewed before the building permit. Bozeman runs concept or informal review first, then a site plan or master site plan with a concurrent three-stage engineering infrastructure review: concept, preliminary and final [21, 22]. The concept step is where a preliminary site plan earns its place: building and pad layout, internal roads, parking and the site data table, settled before the engineer of record draws the infrastructure set. The difference between the two drawings is set out in preliminary vs final site plan.
Who prepares and seals what
| Deliverable | Who seals it | Rule |
|---|---|---|
| Subdivision plat, certificate of survey | Registered land surveyor, who prepares the plat or supervises its preparation | MCA 76-3-402/404 [23] |
| Authoritative boundary or topographic maps, legal descriptions and exhibits | Professional land surveyor in responsible charge | ARM 24.183.1110 [24] |
| Grading, drainage, stormwater, roads, utilities, DEQ water and wastewater documents | Montana professional engineer | MCA Title 37, ch. 67 [25, 13] |
| Technical submissions an architect prepares | Architect's seal and signature; original signature on the permit set | ARM 24.114.402 [12] |
| Residential under eight living units; farm buildings not used as public buildings | No architect seal required | MCA 37-65-103 [11] |
The engineering exemption in MCA 37-67-103 covers "the work of an employee or a subordinate... if the work does not include final engineering or land surveying designs or decisions and is done under the direct supervision of a person holding a license" [25]. DEQ Municipal Facilities Exclusion applications must be signed by "an on-staff or retained Montana-licensed Professional Engineer" [13]. Under ARM 24.183.1111, a map that is not used to locate property boundaries authoritatively falls outside the practice of land surveying [26]. A landscape architect's seal does not substitute for the seal of an architect, engineer or land surveyor (MCA 37-66-308) [27].
Firms are regulated too. A business entity registered with the Montana secretary of state must obtain a certificate of authorization before practicing engineering or land surveying, with at least one licensee in responsible charge (MCA 37-67-328) [28]. The certificate renews annually, and the board must be told within 45 working days if the responsible-charge licensee leaves (ARM 24.183.408) [29]. Out-of-state surveyors must pass both the principles and practices of surveying examination and the Montana state-specific land surveyor examination (MCA 37-67-313) [30].
The preliminary plan sits on the drafting side of every line above. It places buildings, pads, roads, parking and amenities, carries the yield and the site data table, and goes to the land surveyor, engineer and architect of record, who seal the plat, the civil set and the building set on top of it. Engineering is by the client's engineer of record. For the general division of labor, see who prepares a site plan and site plan architect.
Statewide overlays
| Overlay | Trigger | Authority |
|---|---|---|
| Sanitation in Subdivisions | Lots under 20 acres; RV and mobile-home parks; condominiums | Title 76, ch. 4; ARM ch. 17.36 [1] |
| Construction stormwater (MTR100000) | Ground disturbance of one or more acres; current cycle January 1, 2023 to December 31, 2027 | DEQ MPDES [31] |
| Underground storage tanks | Construction permit plus a programmatic environmental assessment for new fuel facilities | MCA 75-11-5; ARM 17.56 [32] |
| State building code | 2021 I-Codes (IBC, IRC, IECC, IMC, IFGC, IWUIC) and 2021 UPC with Montana amendments | ARM Title 24, ch. 301 [21] |
| Highway access | Any access to state highway right-of-way; device or object encroachments need a site plan tied to the nearest milepost | ARM 18.7.102 [20] |
| Floodplain | 100-year floodplain development permits from local floodplain administrators | Title 76, ch. 5 [33] |
| Lakeshore | Work within the lakeshore protection zone | 1975 Lakeshore Protection Act, MCA 75-7-2 [15] |
| Wildland-urban interface | The 2021 IWUIC is part of the adopted 2021 I-Code set | ARM Title 24, ch. 301 [21] |
A rainfall erosivity waiver is available for disturbances under five acres, subject to DEQ approval [31]. Work in or near perennial streams needs a 310 permit from the conservation district. High ground snow loads in mountain and resort areas drive structural design, and the mountain-valley building season runs roughly late spring to early fall, which narrows the window for site work.
Top jurisdictions
| Jurisdiction | Process | Portal and checklist | Fees | Timeline |
|---|---|---|---|---|
| Bozeman | Concept or informal review, then site plan or master site plan with concurrent infrastructure review; Unified Development Code, Ordinance 2151 | ProjectDox | Impact fees adjusted January 1, 2026; transportation impact fees deferrable to certificate of occupancy (Resolution 4433) [21] | Not stated |
| Gallatin County | Minor subdivision is five or fewer lots; major is six or more | Planning and Community Development | Fee schedule updated 2024 [34] | Exemption claims decided within 20 working days [35] |
| Missoula (city) | Development Services | Accela citizen portal | Not stated | Permits with plan review "typically take between 8-12 weeks"; notice at least 15 days before a hearing [36] |
| Missoula County | General and Limited Residential site plan checklists; shoreline review | County applications page | Resolution 2022-075, updated each July 1 [37] | Not stated |
| Flathead County | Delegated DEQ review for lots under 20 acres; lakeshore permits | Environmental Health; Planning and Zoning | Not stated | Not stated [38] |
| Kalispell | Electronic plan review; planning handles subdivision, zoning, signs, floodplain | Electronic submittal | Not stated | Commercial plan review 6-8 weeks; residential 2-3 weeks [39] |
| Lewis and Clark County | Helena Valley Planning Area uses both Part 1 and Part 2 districts | County Community Development and Planning | Not stated | Not stated [40] |
| Billings | Subdivision regulations with exemption certificate procedures under MCA 76-3-201/207 | City | Not stated | Not stated [41] |
Two patterns matter for a schedule. The Gallatin Valley and Flathead cities publish plan review lead times measured in weeks, so the site plan has to be complete when it is filed. The county exemption clock and the DEQ sanitation clock are fixed in days, which makes them easier to plan around than city review queues.
Asset registries in Montana
RV parks and campgrounds
RV parks, campgrounds and trailer courts are subdivisions for DEQ sanitation review regardless of parent-parcel size, and also need a DPHHS Trailer Court and Campground plan review and license under ARM 37.111 subchapters 2 and 12 and the Campgrounds and Trailer Courts Act (MCA Title 50, ch. 52) [19]. Flathead County states the threshold plainly: "having more than 1 spot available for rent... is considered a campground," and DPHHS "will not review... until subdivision review has been completed" [42]. The 2023 DPHHS rules require a service building where dependent sites are offered, and plan review with a pre-licensing inspection [43]. The annual campground license fee under MCA 50-52-202 is $80 for 10 sites or fewer, $150 for 11 to 25 and $225 for over 25 [3]. Layout standards are on the RV park site plan and campground site plan hubs, and the state-by-state comparison is in the RV park regulatory matrix.
Glamping and cabins
Per Flathead County, citing DPHHS: "Glamping tents are considered a campground and require a campground license" [42]. The DPHHS rules define a shelter unit (ARM 37.111.1201(27)) as a licensee-supplied structure, including tents, cabins, yurts and tipis; a shelter unit may have plumbing and has no size cap [43]. Factory-built tiny houses are a different case: Montana applies IRC Appendix AQ to them and treats a tiny house as unfit for commercial or business occupancy, which rules it out as a rental lodging unit [44]. A glamping site plan in Montana is clearest when its unit schedule names each structure as a shelter unit, a cabin licensed as lodging, or neither.
Fuel, truck stops and car washes
New fuel facilities need a DEQ UST Act construction permit plus a programmatic environmental assessment, and MPDES stormwater coverage during construction [32]. Car wash water is handled case by case. Where wash water reaches surface water or ground water, DEQ MPDES or groundwater discharge rules apply; connection to the municipal sanitary sewer is the common alternative, so in practice the rule is set by the local sewer utility and a project-specific DEQ determination [45]. See the gas station, truck stop and car wash hubs for layout standards.
Hotels, storage, industrial and marinas
Hotels, motels and short-term rentals need a DPHHS public accommodation license under MCA Title 50, ch. 51, and "plans for public accommodations are reviewed by county sanitarians" [46]. Self storage and industrial pads meet the general state layers: construction stormwater at one or more acres, highway access and local zoning where it exists. For marinas and lakefront work, a county lake and lakeshore construction permit is required within the 20 ft zone, and the U.S. Army Corps of Engineers may also require permits [16, 15]. The marina site plan hub covers slip and dry-stack layout.
Timelines and bottlenecks
| Step | Clock | Source |
|---|---|---|
| DEQ sanitation review, DEQ as reviewer | Final decision within 40 days of a complete application | MCA 76-4-114 [2] |
| DEQ sanitation review, delegated local reviewer | Recommendation within 30 days; DEQ decision within 10 days of it | MCA 76-4-114 [2] |
| Late resubmittal (more than 30 days after denial) | 55 days (DEQ) or 45 days (local) | MCA 76-4-114 [2] |
| Environmental assessment or EIS required | Deadlines extend 90 days (EA) or 120 days (EIS) | MCA 76-4-114 [2] |
| Subdivision plat under MLUPA | Preapplication 30 days; sufficiency 20 days; preliminary plat 30 days; final plat 20 days | CTAP guide, May 2025 [5] |
| Subdivision exemption claim | Allowed or disallowed within 20 working days | Gallatin County [35] |
| Commercial plan review | Kalispell 6-8 weeks; Missoula 8-12 weeks | City pages [39, 36] |
Preliminary plat approval is valid 5 years for unphased plats and 20 years for phased plats [5].
The bottlenecks are predictable: DEQ sanitation review, well and septic feasibility on unzoned land, the short construction season, and lakeshore permitting capacity in the Flathead. The Daily Inter Lake reported "119 lakeshore violations in Flathead County" in 2025, with 31 unresolved into the new year [47].
Proof points: where Montana is building
- Gallatin County permitted about 15.7 housing units per 1,000 residents in 2021 to 2025, the highest rate in the state; Missoula County was next among the six largest counties at 8.5 [48].
- Gallatin County's median single-family price was $810,000 in 2024, the highest on record and 3% above 2023 [49].
- Billings certificate-of-occupancy records show 1,122 dwelling units in 2023 (694 in multifamily) and 566 units in 2025 (58 in multifamily), a swing driven by apartment projects [48].
- Montana added 7,137 residents between July 2024 and July 2025, against a 2020-21 peak of 19,260; incorporated cities and towns accounted for fewer than 3,800 of the 2025 gain, and Billings posted a decline [50].
- In MAID v. State, the opinion by Justice Beth Baker reversed the district court's partial ruling against SB 382 and upheld all four housing laws [4].
Working on a Montana site
For a Montana project the useful first drawing answers three questions at once: how many lots, pads or units the site yields; whether that count triggers DEQ sanitation review and which campground license tier it falls in; and which sheets the surveyor, engineer and architect of record must seal. Innowave's site plan work answers those in a preliminary plan with a site data table, and the 3D views tie to the same layout. Developers take it to concept review, to a lender, to a general contractor for pricing, and then to the surveyor, engineer and architect of record who build the sealed set on it. The site plan consultant page covers the service in detail, and where unsealed site plans are accepted sets out which review stages take a concept plan before the sealed set.
Montana's neighbors draw their lines differently. Wyoming exempts large parcels from county subdivision review and sets its architect line by stories and occupants; North Dakota and South Dakota set it by occupancy group and by gross floor area. The full list of states is on service areas.
Frequently asked questions
Does Montana require statewide zoning?
Are RV parks subdivisions in Montana?
What triggers DEQ sanitation review?
Creating lots under 20 acres, or any RV park, mobile-home park or condominium regardless of parcel size. Parcels of 20 acres or more go to the county sanitarian [1].
What does a Montana campground license cost?
The annual license fee under MCA 50-52-202 is $80 for 10 sites or fewer, $150 for 11 to 25 sites and $225 for more than 25 [3].
Is a glamping tent a campground in Montana?
Who can stamp a subdivision plat?
A Montana-licensed professional land surveyor. Plats and certificates of survey must be prepared by a registered land surveyor or under one's supervision (MCA 76-3-402/404) [23].
When is a construction stormwater permit required?
Ground disturbance of one or more acres triggers the MPDES construction general permit, MTR100000 [31].
How long does a DEQ sanitation review take?
Where DEQ is the reviewer, a final decision is due within 40 days of finding the application complete. A delegated local reviewer acts within 30 days and DEQ decides within 10 days of the recommendation. An environmental assessment adds 90 days [2].
Sources
- 1)Subdivision review (Sanitation in Subdivisions, Title 76, ch. 4), Montana Department of Environmental Quality. Accessed 2026-09-01.
- 2)MCA 76-4-114, Review procedures and timelines, Montana Legislature. Accessed 2026-09-01.
- 3)MCA 50-52-202, License fee, late fee, Montana Legislature. Accessed 2026-10-09.
- 4)Statement following the Montana Supreme Court decision in MAID v. Montana, Frontier Institute. Accessed 2026-09-01.
- 5)Subdivision review technical guide (MLUPA, May 2025), Montana Department of Commerce, CTAP. Accessed 2026-09-01.
- 6)The Montana Zoning Atlas 2.0 (secondary), Frontier Institute. Accessed 2026-09-01.
- 7)MCA Title 76, Chapter 2, parts index, Montana Legislature. Accessed 2026-09-01.
- 8)Zoning, Ravalli County, Montana. Accessed 2026-09-01.
- 9)Subdivision application form guidance (joint application, MCA 76-4-129), Montana Department of Environmental Quality. Accessed 2026-09-01.
- 10)Subdivision review (COSA and sanitary restrictions), Richland County, Montana. Accessed 2026-09-01.
- 11)MCA 37-65-103, Exemptions (architects), Montana Legislature. Accessed 2026-09-01.
- 12)ARM 24.114.402, architect seal, Montana Board of Architects and Landscape Architects, Montana Board of Architects and Landscape Architects (via Justia Regulations). Accessed 2026-09-01.
- 13)Subdivision application training: Municipal Facilities Exclusions (2023), Montana Department of Environmental Quality. Accessed 2026-09-01.
- 14)Montana Land Use Planning Act, City of Kalispell. Accessed 2026-09-01.
- 15)Lake County Lakeshore Protection Regulations, Lake County, Montana. Accessed 2026-09-01.
- 16)Flathead County Lake and Lakeshore Protection Regulations, Flathead County, Montana. Accessed 2026-09-01.
- 17)Lake and lakeshore protection regulation amendment, Flathead County Planning and Zoning. Accessed 2026-09-01.
- 18)Building codes and permits, Montana Department of Labor and Industry, Building Codes Bureau. Accessed 2026-09-01.
- 19)Trailer Courts and Campgrounds, Montana Department of Public Health and Human Services. Accessed 2026-09-01.
- 20)ARM 18.7.102, approach and encroachment permits, Montana Department of Transportation, Montana Department of Transportation (via Justia Regulations). Accessed 2026-09-01.
- 21)Development Center, City of Bozeman. Accessed 2026-09-01.
- 22)Infrastructure review, City of Bozeman Transportation and Engineering. Accessed 2026-09-01.
- 23)MCA 76-3-402 and 76-3-404, surveying requirements for plats and certificates of survey, Montana Legislature, Montana Legislature (compiled by the Montana Association of Counties). Accessed 2026-09-01.
- 24)ARM 24.183.1110, activities requiring a professional land surveyor, Montana Board of Professional Engineers and Professional Land Surveyors, Montana Board of Professional Engineers and Professional Land Surveyors (via Justia Regulations). Accessed 2026-09-01.
- 25)MCA 37-67-103, Exemptions (engineering and land surveying), Montana Legislature. Accessed 2026-09-01.
- 26)ARM 24.183.1111, exclusions from the practice of land surveying, Montana Board of Professional Engineers and Professional Land Surveyors, Montana Board of Professional Engineers and Professional Land Surveyors (via Cornell LII). Accessed 2026-09-01.
- 27)MCA 37-66-308, landscape architect seal, Montana Legislature. Accessed 2026-09-01.
- 28)MCA 37-67-328, certificate of authorization, Montana Legislature. Accessed 2026-09-01.
- 29)ARM 24.183.408, certificate of authorization renewal and responsible charge, Montana Board of Professional Engineers and Professional Land Surveyors, Montana Board of Professional Engineers and Professional Land Surveyors (via Justia Regulations). Accessed 2026-09-01.
- 30)MCA 37-67-313, land surveyor licensure by comity, Montana Legislature. Accessed 2026-09-01.
- 31)MPDES construction stormwater general permit MTR100000, Montana Department of Environmental Quality. Accessed 2026-09-01.
- 32)New UST facility permit application, Montana Department of Environmental Quality. Accessed 2026-09-01.
- 33)MCA Title 76, Chapter 5 (floodplain development, administered with DNRC), Montana Legislature. Accessed 2026-09-01.
- 34)Fee Schedule 2024, Gallatin County Planning and Community Development. Accessed 2026-09-01.
- 35)Exemption application instructions, Gallatin County, Montana. Accessed 2026-09-01.
- 36)Permit processes and policies, City of Missoula Development Services. Accessed 2026-09-01.
- 37)Applications, forms and fees, Missoula County Planning, Development and Sustainability. Accessed 2026-09-01.
- 38)Subdivision review, Flathead County Environmental Health. Accessed 2026-09-01.
- 39)Plan Review, City of Kalispell. Accessed 2026-09-01.
- 40)Helena Valley Planning Area zoning regulations (12-20-2022), Lewis and Clark County Community Development and Planning. Accessed 2026-09-01.
- 41)Billings subdivision regulations, City of Billings. Accessed 2026-09-01.
- 42)Trailer Courts and Campgrounds, Flathead County Environmental Health. Accessed 2026-09-01.
- 43)ARM Title 37, Chapter 111, Subchapter 12 (2023 trailer court and campground rules), Montana Department of Public Health and Human Services. Accessed 2026-10-09.
- 44)Appendix AQ, Tiny Houses, Montana residential code (2021 IRC as adopted), Montana Department of Labor and Industry, Montana Department of Labor and Industry, Building Codes Bureau (via UpCodes). Accessed 2026-10-09.
- 45)Water quality assistance, Montana Department of Environmental Quality. Accessed 2026-09-01.
- 46)Public Accommodations, Montana Department of Public Health and Human Services. Accessed 2026-09-01.
- 47)Lakeshore enforcement key to preserving Flathead's waters (secondary), Daily Inter Lake. Accessed 2026-09-01.
- 48)What housing permits do and don't say about development (secondary), Bozeman Daily Chronicle. Accessed 2026-09-01.
- 49)Gallatin County housing demand remains high, affordability low, per 2025 realtor report (secondary), Montana Right Now. Accessed 2026-09-01.
- 50)Montana growth continues but gains slow across major cities, Montana Free Press. Accessed 2026-09-01.