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When a permit is required
Permit triggers and exempt work for Lewis and Clark County
State building permit required prior to start of construction for all non-exempt buildings being built, remodeled, moved, or undergoing a change of occupancy in state jurisdiction (unincorporated areas outside certified local government boundaries). Zoning permits, subdivision approval, floodplain permits, and approach/access permits are separate from and in addition to the state building permit.
- Exempt Farm and ranch buildings
- Exempt Private residential buildings with fewer than five dwelling units that do not serve transient guests (single-family homes and small apartments for private residential use are state-exempt; however, county zoning, floodplain, and land use permits may still apply)
- Exempt Private garages and private storage buildings used by the owner for personal, non-commercial use
- Exempt Mining buildings located on mine property
- Exempt Petroleum refineries and pulp and paper mills (except office and shop buildings)
Note: Exempt from building permit does NOT mean exempt from zoning, floodplain, or access permits. Electrical, plumbing, and mechanical permits may still be required separately even if no building permit is needed. Always check with the county CDP at (406) 447-8374.
- Building Permit/Plan Review Application
- Site plan
- Floor plans, cross-sections, elevations
- Roof truss diagrams (must be sealed by a professional engineer)
- Commercial Building Checklist (provided by the state program)
- Plans and calculations stamped by Montana-licensed engineer (for structural support systems)
- Building code
- State-administered areas use codes adopted under Montana ARM Title 24, Chapter 301. Currently: 2021 IBC, 2021 IRC, 2021 IMC, 2021 IFGC, 2021 IECC, 2021 IFC, 2020 NEC, 2021 UPC with Montana amendments.
- Permit validity
- Per IBC 2021 -- invalid if work not commenced within 180 days of issuance, or if work abandoned for 180 days after commencement. Written extensions up to 180 days each available upon written request with justifiable cause. Permit applications deemed abandoned 180 days after filing if no permit issued.
- Owner-builder
- Owners are responsible for permit applications and may submit them directly without a contractor, though they may use contractor or designer expertise. No specific owner-builder exemption from permit requirements under state program.
- Contractor requirements
- Montana Construction Contractor Registration (CR) or Independent Contractor Exemption Certificate (ICEC) required for contractors. CR registration fee is $70; ICEC fee is $125; registration is valid for two years. General liability insurance and workers compensation (if employees) are required. Contact the Montana Department of Labor and Industry Employment Relations Division at (406) 444-7734.
Application process
Typical processing: State plan review averages approximately three weeks; complex projects may take several weeks longer.
- 01 Before construction, obtain a County address from Lewis and Clark County Information Technology (required for all new structures).
- 02 Review the county Construction Checklist to identify all permits needed from all agencies.
- 03 Contact Lewis and Clark County CDP at (406) 447-8374 to confirm zoning compliance and whether a zoning or land use permit is required.
- 04 If required, obtain a floodplain development permit from the county CDP before construction in or near floodplain areas.
- 05 If required, obtain a county approach/access permit from Lewis and Clark County Public Works for any new driveway or road access.
- 06 For non-exempt structures requiring a building permit, prepare construction plans and complete the Montana State Building Permit/Plan Review Application.
- 07 Submit building permit application and plans to the Montana Building Codes Program online at https://ebiz.mt.gov/ or by paper to the state office.
- 08 Pay the plan review fee (35% of permit fee) at submission.
- 09 Await state plan review. Average time is approximately three weeks.
- 10 Respond in writing to any plan review comments.
- 11 Pay remaining permit fee and receive permit from the state program.
- 12 Post permit at job site.
- 13 Schedule required inspections with your assigned state building inspector (contact information provided with permit).
- 14 Obtain final inspection approval from the state inspector.
- 15 Coordinate with Lewis and Clark County Sanitation (septic system permits) and Montana DNRC/DEQ for water rights and water systems as applicable.
Typical processing time: State plan review averages approximately three weeks; complex projects may take several weeks longer.
Fee schedule
Lewis and Clark County building permit fees
Pay online via ebiz.mt.gov or by check/money order to the Montana Building Codes Program. County CDP fees (zoning, land use) contact: (406) 447-8374 or planning@lccountymt.gov
Fees change periodically. Confirm at the official fee schedule ↗ before budgeting.
Required inspections
Scheduling and sequence
- Inspection hours
- Normal state business hours. After-hours inspections available at $45/hour (minimum 2 hours) by arrangement.
Typical sequence: Varies by project type. Generally includes footing/foundation, framing, rough-in mechanical/plumbing/electrical, insulation, wallboard, and final inspection. Required inspections are listed on the permit.
Frequently asked
Common questions about unincorporated Lewis and Clark County permits
01 Do I need a building permit in unincorporated Lewis and Clark County, MT? ▸
02 How much does a building permit cost in unincorporated Lewis and Clark County, MT? ▸
03 How do I apply for a building permit in unincorporated Lewis and Clark County, MT? ▸
04 How long does it take to get a building permit in unincorporated Lewis and Clark County, MT? ▸
05 What work is exempt from building permits in unincorporated Lewis and Clark County, MT? ▸
06 How do I schedule a building inspection in unincorporated Lewis and Clark County, MT? ▸
Educational reference. Permit rules and fees change — confirm current requirements directly with Montana Department of Labor and Industry, Business Standards Division, Building and Commercial Measurements Bureau (for structural permits); Lewis and Clark County Community Development and Planning Department (for zoning, planning, floodplain, and access permits) before applying. Jaspector is not legal advice.