FAQs

Yes, Missoula County commissioners can vote to un-exempt something from the building codes in the future. 

Building permit fees pay for the Building Division at Missoula County Public Works. This division is entirely funded by these fees and receives no property tax dollars.

If you have approval and permits from the Health Department and Planning, Development and Sustainability Department, you would be able to build the exempt structure without needing to apply for a building permit from the Public Works Building Division.

Make sure to talk to the health department first if you’re looking at building on your property to get your sanitation or water permits. Visit www.missoula.build to go through the entire step-by-step process of getting a permit.

New construction building permits are based on price per square foot and the type of structure being permitted. Structures like garages and decks are a much lower price per square foot compared to a new house.

Yes. You will likely still need to obtain other permits for your structure, including but not limited to land use/zoning compliance, floodplain, mechanical and electrical.

Yes. If the permit has not had any inspections conducted on it, you are eligible for a refund of the building permit fee (the administrative fee for processing will not be included in this refund).  Plan review fees are not refundable if the review has already been completed.

Any requirements set forth in the nonexempt land use or health permits remain valid.

There is no limit to the number of structures. Structures can only be used by the residential property owner and cannot be open to the public or used as a place of employment. Essentially, if a structure will have people in it other than the legal property owner, it cannot be exempt from a building permit.

No. If it is 30 inches or fewer from plumb grade to the deck surface (not including any rails), it will qualify for building permit exemption only. Other permits may apply.

No, because it would fall under the commercial code classification.

Only if it’s non-habitable space. For example, a covered open-air porch, deck or patio, or an open-air lean-to for storage only, would qualify for an exemption.

In order to obtain an agricultural exemption with the Missoula County Public Works Building Division, the property owner(s) must complete an Agricultural Land Classification Application with the Montana Department of Revenue and receive a written approval of agricultural land classification. The application should be submitted to the Missoula field office of the Department of Revenue. 

Upon receipt of approval from the Montana Department of Revenue, the property owner(s) must carefully read, understand and sign this Affidavit of Agricultural Exemption in the presence of a notary public and present it to the Missoula County Public Works Building Division with a copy of the approval letter from Montana Department of Revenue. 

Property owner(s) are also required to submit a Land Use/Zoning Compliance Permit application and provide the required documentation:

1. detailed site plan showing property boundaries, all structures located on the property labeled with use and dimensions, septic, well with distances from new structure to all others, and property lines  
2. elevation drawings of all four sides of the structure labeled with overall height  
3. floor plan labeled with use and dimensions and showing all interior framing (if applicable)

Upon approval of Land Use/Zoning Compliance Permit, the Missoula County Public Works Building Division will collect fees due and record all documents with the Missoula County Clerk and Recorder’s office. Agricultural buildings covered by this exemption are exempt from building permits ONLY. This does not exempt the structure from any other requirements for additional permits.  

If an approved agricultural-exempt building is used for any other purpose than that which is defined in Chapter 2 of the International Building Code, a building permit will be required, and the building will need to be brought into compliance with building code for the intended use. 

• Any structure not intended for human habitation with a Risk Category of 1. 
• Any structure the public will not enter or occupy. Property owner occupancy only.
• Cannabis grow facilities do not qualify as Ag under the Montana Code Annotated MCA 15-7-202

EXAMPLE: A pole barn intended to be used as an agricultural building is exempt from building permits. However, a pole barn used as a shop, to house recreational or personal vehicles, or for storage of personal belongings, is not an agricultural building and requires a building  permit.

There is no limit to the number of agricultural structures you have on your property as long as it qualifies and has been granted Agricultural Land Classification approval from the Montana Department of Revenue. You will need to provide a copy of the certification approval letter and a signed affidavit with Missoula County to finalize the exemption for each structure.