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Permit Requirements for Hays, Montana

For home remodeling and renovation projects in Hays, determining the correct permitting authority depends on whether the project site is located within the incorporated city limits or in an unincorporated area of Blaine County.

Authority Having Jurisdiction (AHJ)

The governing body responsible for issuing building permits, reviewing plans, and conducting inspections varies depending on exactly where the property sits in Blaine County:

Common Remodeling Permit Triggers

Remodeling is a broad category, and permit requirements depend heavily on the scope of your work. While cosmetic updates—such as painting, installing new flooring, or replacing like-for-like kitchen cabinets—generally do not require approval in Montana, you will almost certainly need a permit for the following:

Note: Always consult the appropriate Hays or Blaine County Authority Having Jurisdiction (AHJ) before beginning demolition or construction to ensure compliance with Montana amendments to the International Existing Building Code (IEBC) and avoid retroactive permitting fines.

Because Hays is located within Blaine County, the following broader county regulations may also apply to your project:

Montana, Blaine County Remodeler Permit Regulations and County Ordinances for Unincorporated Areas

Blaine County, Montana Remodeling and Renovation Permit Requirements

Blaine County, Montana, has specific requirements for remodeling and renovation projects, particularly for properties in unincorporated areas. The county's Building & Safety Division, or Planning and Zoning Department, acts as the Authority Having Jurisdiction (AHJ) for these areas. It is crucial to contact this department early in the planning process to determine if a permit is required and to gather the necessary documentation.

1. Authority Having Jurisdiction (AHJ)

In unincorporated Blaine County, the Planning and Zoning Department is responsible for reviewing building permit applications and ensuring compliance with the Blaine County Code and adopted building codes. Montana statewide has adopted the 2021 International Building Code (IBC) and the 2021 International Residential Code (IRC), along with other related codes, effective June 11, 2022.

2. Rules for Properties in Unincorporated Areas

Blaine County issues building permits specifically for properties located in the unincorporated areas of the county. If a property is within an incorporated city, that city's building department handles permit requirements.

General requirements for a building permit in unincorporated Blaine County include:

The permit fee is typically a percentage of the project's valuation, often ranging from 1-2% of the total construction cost.

3. Permit Triggers for Demolition Work During a Remodel

Demolition and renovation projects in Blaine County may require notification to the EPA regarding asbestos. While specific triggers for demolition permits during a remodel are not detailed exhaustively, any work involving the removal or alteration of existing structures generally necessitates a permit. It is advisable to consult directly with the Blaine County Planning and Zoning Department to ascertain the exact requirements for demolition aspects of a remodel. In Montana generally, demolition permits are required for full building demolitions, residential building demolitions, and commercial interior demolitions.

4. Permit Requirements for Altering Non-Living Spaces

Converting non-living spaces such as garages, attics, or unfinished basements into habitable living areas typically requires a building permit. This is because such conversions involve changes that affect the building's occupancy, safety, and structural integrity.

To convert a space like a garage into a living area, you will likely need to meet several building code requirements, including:

The process will involve submitting detailed plans to the county for review to ensure compliance with safety standards.

Resources to Learn More

The following statewide building codes and regulations apply universally to all jurisdictions within Montana:

Montana Remodeler Legislation, Codes, and Guidelines

Montana State Building Codes and Legislation for Remodelers and Residential Renovations

Montana has adopted the 2021 International Code Council (I-Code) series, which forms the basis of its statewide building codes. These codes are further amended by state-specific regulations found in the Administrative Rules of Montana (ARM), Title 24, Chapter 301. The adoption of these codes became effective on January 1, 2022, with some specific codes having later effective dates, such as the 2023 National Electrical Code (NEC) effective September 26, 2023.

The primary state agency responsible for establishing and enforcing these codes is the Montana Department of Labor & Industry's Business Standards Division, specifically through its Building Codes Program. This program issues permits, conducts inspections, and ensures compliance with building, plumbing, electrical, and mechanical codes.

Montana's building codes generally classify projects based on their impact on the structure's integrity and safety. While the codes do not explicitly define "cosmetic remodels" versus "structural alterations" in a way that is universally applied across all situations, the distinction often hinges on whether the work affects the building's structural elements, load-bearing components, or life safety systems. For instance, converting attics or basements into habitable living spaces typically involves structural changes and requires permits and adherence to specific code requirements for egress, ventilation, and insulation.

Demolition guidelines and permit requirements are typically handled at the local level, varying by city and county. Generally, a demolition permit is required when an entire structure is being demolished, or for partial demolition work that precedes a building permit. Exceptions may exist for small, non-occupiable storage structures. Local building departments should be contacted for specific demolition permit requirements, which often include site plans, utility disconnections, and sometimes a performance bond.

Resources to Learn More

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