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

Custer County, Montana Remodeling and Renovation Permit Requirements

Custer County, Montana, has specific requirements for building and renovation permits, particularly for properties located in unincorporated areas. It's important to note that Custer County only issues building permits for properties within its unincorporated areas; incorporated cities within the county have their own building departments. State electrical, plumbing, and septic codes have been adopted and must be followed, with permits for these typically obtained from the state.

1. Authority Having Jurisdiction (AHJ)

For properties in unincorporated Custer County, the Custer County Planning and Zoning Department serves as the primary authority for zoning permits. While the county has not adopted a general building code, state electrical, plumbing, and septic codes are enforced. For building permits, the state of Montana may also be involved, particularly for certain types of construction or alterations. It is crucial to contact the Custer County Planning and Zoning Department directly for the most current and specific requirements.

2. Rules for Properties in Unincorporated Areas

In unincorporated Custer County, zoning permits are required for all structures before excavation begins, even though a comprehensive building code has not been adopted. A minimum of 1 acre is generally required for properties in unincorporated Custer County. Access to the property must be verified, and if access is from a county-maintained road, a County Access Permit is necessary. Site plans are required for permit applications, detailing lot lines, proposed construction, setbacks, and existing features. Setback requirements vary based on acreage: 50 feet for 3+ acres, 25 feet for 1-3 acres, and 10 feet for less than 0.5 acre.

3. Permit Triggers for Demolition Work During a Remodel

While specific triggers for demolition permits during a remodel in Custer County are not explicitly detailed in the provided information, demolition work generally requires a permit. In Montana, demolition permits typically involve checking with the local building department, preparing documentation (project plans, site drawings, contractor information), submitting an application with fees, and undergoing plan review. It is advisable to contact the Custer County Planning and Zoning Department to determine the exact requirements for demolition permits in conjunction with a remodel.

4. Permit Requirements for Altering Non-Living Spaces

Converting non-living spaces such as garages, attics, or unfinished basements into habitable living areas generally requires a permit. This is because these conversions involve creating "habitable space" that must meet specific building codes for safety and occupancy. Key considerations and potential permit triggers include:

In all cases of converting non-living spaces, it is essential to consult with the Custer County Planning and Zoning Department to understand the specific requirements, necessary documentation (such as scaled floor plans, plot plans, and elevation drawings), and applicable fees. State electrical and plumbing permits will also be required.

Resources to Learn More

Note: The following state-wide building codes and regulations apply universally to all jurisdictions within Montana, including Custer County.

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

Select a City in Custer County

If your project is located within incorporated city limits, you will likely need to follow municipal ordinances rather than county rules. Select your city below to view local regulations.

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