On this page 6
When a permit is required
Permit triggers and exempt work for Gallatin County
County LUP: Required in all county zoning districts prior to construction of most structures. State building permit: Required for certain construction types. State law exempts the following from state building permits in unincorporated areas: (a) residential buildings containing fewer than five dwelling units (except transient lodging); (b) private garages and storage buildings used exclusively by the owner (not commercial). This means a single-family home built outside city/town limits does NOT require a state building permit, but may still require a county LUP for zoning compliance.
- Exempt Residential buildings with fewer than five dwelling units (single-family, duplexes, triplexes, fourplexes) that do not serve transient guests
- Exempt Private garages and private storage buildings used exclusively by the owner (not commercial)
Note: State building permit exemptions listed above. County LUP: A Land Use Permit is required for most structures in county zoning districts; exemptions (if any) are defined in the applicable zoning regulations. Contact Planning at 406-582-3130 for project-specific guidance.
- County LUP: Application form, site plan, project description, geotechnical report for steep/ridgeline properties, flood elevation certificate if in a floodplain.
- State building permit: Complete construction plans, Building Permit/Plan Review Application form.
- Building code
- State DLI enforces: 2021 IBC, 2021 IRC, 2021 IMC, 2021 IFGC, 2021 IECC (effective June 2022).
- Permit validity
- State building permits: not confirmed in public sources. County LUPs: contact Planning at 406-582-3130.
- Owner-builder
- For state-permitted projects, the owner/builder is responsible for ensuring the permit is obtained before construction begins.
- Contractor requirements
- State Construction Contractor Registration required (Montana DLI ERD, $70 non-refundable fee, renewed every two years). Independent contractors without employees may qualify for an Independent Contractor Exemption Certificate (ICEC).
Application process
Typical processing: LUP: varies by complexity. State building permit plan review: averages approximately 3 weeks for complete submissions.
- 01 Determine if the project is in a county zoning district. Contact Planning at 406-582-3130 if unsure.
- 02 For Land Use Permits (LUP) -- County Zoning: Review the LUP Instructions and Information document.
- 03 Submit the LUP application online through the MyGov portal with site plan and project description.
- 04 Pay county LUP fees (credit card online with 3% processing fee; check/cash at Planning Office or by mail).
- 05 County staff reviews for zoning compliance. If on a steep slope or ridgeline, a geotechnical investigation report is typically required.
- 06 LUP is issued upon approval and must be kept on site.
- 07 For State Building Permits (unincorporated areas, where required): Confirm whether a state building permit is required for your project type.
- 08 Prepare construction plans and complete a Building Permit/Plan Review Application.
- 09 Submit plans and application to the DLI Building Codes Program via ebiz.mt.gov or by mail.
- 10 Pay permit fees (approximately 1-2% of project valuation).
- 11 Respond to any plan review comments in writing.
- 12 Once comments are resolved and fees paid, the state building permit is issued.
- 13 Contact the regional state inspector to schedule required inspections.
Typical processing time: LUP: varies by complexity. State building permit plan review: averages approximately 3 weeks for complete submissions.
Fee schedule
Effective 2024
County LUP fees: credit card online (3% processing fee), or check/cash at Planning Office or by mail. State building permit fees: via ebiz.mt.gov or by check to DLI.
Fees change periodically. Confirm at the official fee schedule ↗ (effective 2024) before budgeting.
Required inspections
Scheduling and sequence
- Scheduling deadline
- Contact regional inspector directly.
- Inspection hours
- State DLI inspector schedule: contact regional inspector. County Planning office: call 406-582-3130.
- Time windows
- Contact regional inspector for available windows.
Typical sequence: Typical sequence (state-permitted projects): footing/foundation, framing, rough mechanical/plumbing/electrical, insulation, final inspection. County LUPs do not involve county construction inspections; inspections are handled by state DLI inspector.
Contact regional DLI inspector regarding remote inspection options.
Frequently asked
Common questions about unincorporated Gallatin County permits
01 Do I need a building permit in unincorporated Gallatin County, MT? ▸
02 How much does a building permit cost in unincorporated Gallatin County, MT? ▸
03 How do I apply for a building permit in unincorporated Gallatin County, MT? ▸
04 How long does it take to get a building permit in unincorporated Gallatin County, MT? ▸
05 What work is exempt from building permits in unincorporated Gallatin County, MT? ▸
06 How do I schedule a building inspection in unincorporated Gallatin County, MT? ▸
Educational reference. Permit rules and fees change — confirm current requirements directly with Gallatin County Planning and Community Development Department (Land Use Permits); Montana Department of Labor and Industry (DLI) Building Codes Program (building permits) before applying. Jaspector is not legal advice.