Proposed Building Permit Exemption

Share Proposed Building Permit Exemption on Facebook Share Proposed Building Permit Exemption on Twitter Share Proposed Building Permit Exemption on Linkedin Email Proposed Building Permit Exemption link


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, May 28

  • 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

Current building code


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, May 28

  • 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

Current building code

Let us know what you think by logging in or creating an account and submitting your comment below.

Staff do not respond to comments submitted here. If you have a question you would like answered, submit it on the Questions tab.

You need to be signed in to comment in this Guest Book. Click here to Sign In or Register to get involved
Page last updated: 21 Apr 2026, 01:52 PM