Proposed Building Permit Exemption

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Update: The county commissioners approved this request at their June 4 public hearing meeting.

Building permits are no longer required for detached residential garages, pole barns and other similar storage structures that do not contain habitable space**. 

Residents should note that their project will still be subject to other permits and reviews such as Floodplain, Land Use and Environmental Health permits. Trade permits such as Mechanical, Electrical and Plumbing would also still be required on these structures. Property owners are strongly encouraged to conduct thorough research in advance, including consulting with the Health Department and the Planning, Development and Sustainability offices to ensure their plans are compliant with all applicable regulations. 

If you have any questions on if your project would require a building or trade permit, contact the building department 406-258-3701 or pwbuildingpermits@missoulacounty.us. For questions on Land Use click here to contact Planning, Development and Sustainability. If you have questions about floodplain permits, click here to contact the floodplain administrator. For questions on Environmental Health Permits call 406-258-4990 or email Envhealth@missoulacounty.us

**“Habitable Space” shall have the meaning provided in the International Residential Code (IRC) and means a space in a building designed or intended for living, sleeping, eating or cooking. *Bathrooms, toilet rooms, closets, halls, storage areas, utility spaces and similar areas are not considered habitable space.


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

Proposed Resolution

Current building code

Building permits are no longer required for detached residential garages, pole barns and other similar storage structures that do not contain habitable space**. 

Residents should note that their project will still be subject to other permits and reviews such as Floodplain, Land Use and Environmental Health permits. Trade permits such as Mechanical, Electrical and Plumbing would also still be required on these structures. Property owners are strongly encouraged to conduct thorough research in advance, including consulting with the Health Department and the Planning, Development and Sustainability offices to ensure their plans are compliant with all applicable regulations. 

If you have any questions on if your project would require a building or trade permit, contact the building department 406-258-3701 or pwbuildingpermits@missoulacounty.us. For questions on Land Use click here to contact Planning, Development and Sustainability. If you have questions about floodplain permits, click here to contact the floodplain administrator. For questions on Environmental Health Permits call 406-258-4990 or email Envhealth@missoulacounty.us

**“Habitable Space” shall have the meaning provided in the International Residential Code (IRC) and means a space in a building designed or intended for living, sleeping, eating or cooking. *Bathrooms, toilet rooms, closets, halls, storage areas, utility spaces and similar areas are not considered habitable space.


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

Proposed Resolution

Current building code

Update: The county commissioners approved this request at their June 4 public hearing meeting.

We will try to respond within five business days.