Proposed Building Permit Exemption
Update: The county commissioners approved this request at their June 4 public hearing meeting.
Project Description
Public Works Building Division is requesting to exempt detached residential garages, pole barns and similar storage structures that do not contain habitable space from building permit requirements.
Enacting this exemption would:
- Conform with current exemptions for structures for agricultural use (Resolution 2024-072)
- Better align with the State of Montana building codes, as well as other counties
- Ease regulations on rural property owners
- Shorten project timelines, allowing property owners to complete simple storage projects more efficiently.
- Lower costs for residents by removing permit fees and reducing associated delays.
- Allow Building Division staff to focus time and resources on higher-risk, habitable
,or more complex construction projects.
Project Background
Missoula County is one of only six of Montana’s 56 counties that maintain a building code enforcement department, along with Toole, Pondera, Richland, Deer Lodge, and Butte-Silver Bow counties.
In fiscal year 2025, Missoula County issued 2,637 building permits, including 191 for detached, non-habitable storage structures. In response to constituent feedback, the Building Official has drafted a resolution to exempt such structures from building permit requirements as allowed by MCA (state law) 50-60-102 (a)
This exemption applies solely to building permits. Land use permits would still be required, and these structures would remain subject to planning, health and fire review and approval, as applicable. Any associated trade permits for these types of structures would still be required, such as electrical, mechanical and plumbing.
Habitable space is defined in the International Residential Code (IRC) as a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space.
Project Timeline
County commissioners’ public hearing: 2 p.m., Thursday, June 4
- In-person location: Sophie Moiese Room, Missoula County Courthouse Annex, 200 West Broadway, Missoula
- Virtual option: Residents can attend the meeting via Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 467 457 758#. To join the meeting on your device, follow the links on the agenda that will be published at http://missoula.co/bccmeetings
Public Comment
Let us know what you think by logging in or creating an account and submitting your comment below.
Project Lead
Building Official: Kevin Heisler; 406-258-3723
Important Links and Documents
PowerPoint presented to commissioners by the Building division
Let us know what you think by logging in or creating an account and submitting your comment below.
Update: The county commissioners approved this request at their June 4 public hearing meeting.
Great idea. It has been overly burdensome to build a garage or shop lately.
This is a going to be a great move by allowing people more freedom to expand on their own property without additional expenses and not strain the inspectors on small projects that dont need to be overviewed, Thereby freeing up thier time to inspect habitable building structures. Great idea!
T. Hart
I Love this idea! It would free up inspectors and other personnel to inspect buildings/projects such as homes and apartment complexes in which safety and compliance are much more important. It would also relieve some expense to home owners and make it easier to improve their property appearance and value. I think often the burdensome and intimidating permitting and inspection process is a major detractor from making these valuable improvements.
Yes! Please eliminate requirement for these structures. Current process is cumbersome and unnecessary. Thanks
This sounds like a great idea and makes good sense!
this is a great idea. I fully support this proposal.
This is long overdue, and better aligned with both the desires of the people choosing to live in rural Montana, as well as historical and majority use. Building in general is already overburdened for owners, and making this sensible change allows for owners to exert autonomy over their property without unnecessary beauracracy. Keep Montana, "Montana". There are plenty of places people can go that require permits for all manner of nonsensical property use. This isn't NYC or LA and it's about time the building processes became a little more sane.
Fully support this proposal as it make sense to reduce regulations and cost, as while as bringing Missoula County more aligned with the State codes and other counties.
In regard to the proposal to exempt certain kinds of buildings from permitting and review:
1. I think this is overall a good idea, but relies on citizens being truthful and upfront about their intended us to the structures. I find this supposition specious and an invitation to abuse.
2. These structures should be monitored by requiring a drawing to be submitted that contains dimensions such as footprint and height. It should also contain a statement signed by the building owner about the intended use of the structure as a hedge against future conversion to a residential occupancy and a fine for conversion of the building without a permit.
3. These structures increase the value of a property but without a permit, the assessor has no easy way to add these to the assessed value of the property. Again, the public cannot be trusted to essentially report on themselves if money is involved.
4. There should be no fee for processing these submissions. Keep them simple, one page, so that aides or clerks can simply verify that they were received and file them digitally or ?
I have experience as a public planner, zoning enforcement officer, community development director, general contractor, construction site superintendent, and carpenter as well as a student of the foibles of human behavior in regard to complying with government requirements especially when money or personal "freedoms" or preferences are involved.
Bravo. Having experienced the painful irony of permitting an over-engineered timber frame carport whilst staring at the neighbor's rickety pole hay barn constructed in the pre-permit era still standing after 50+ years of all manner of abuse, I support this exemption!
This makes perfect sense. Great idea!
Removing required permits for these building structures would be ideal for missoula county and its residents
I am go removing the need for permits on these listed buildings.
Removed by moderator.
This is a great idea.