Montana Zoning & Land Use Laws

Montana ADU Law

Montana has a statewide ADU law — Montana HB 245 (2023) — Montana Zoning Act Reforms — effective 2023-10-01. This law preempts local ordinances — cities and counties cannot impose restrictions stricter than the state standard. Key provisions include: Montana HB 245 requires municipalities to allow ADUs by right in all residential zones; ADUs must receive ministerial approval — no discretionary review, variance, or special use permit required for qualifying ADUs; Municipalities may not impose owner-occupancy requirements on ADU applicants, and 4 more. The most recent amendment was HB 337 (2023): Companion to HB 245 — required municipalities to allow middle housing types (duplexes, triplexes, townhouses) in residential zones previously limited to single-family use. Montana became one of the first states to pair ADU reform with missing middle housing reform.

Cottage Food Law

Montana Cottage Food Law (Montana Code Annotated Section 50-50-116): Montana allows home-based food production and direct-to-consumer sale of certain non-potentially-hazardous foods without a food establishment license. Permitted products include baked goods, jams, jellies, candy, dried herbs, and similar shelf-stable items. Annual gross revenue limit of $35,000 per year. Direct-to-consumer sales from the home, at farmers markets, roadside stands, and community events. Online sales with in-person delivery may be permitted. Products must be labeled with: producer name and home address, product name, ingredient list in descending order, net weight, and 'Made in a Home Kitchen Not Inspected by the Montana Department of Public Health and Human Services.' No state permit or registration required. Montana's cottage food law is typical for Rocky Mountain states. Montana's agricultural character and farmers market culture make direct-to-consumer cottage food sales well-established. The $35,000 annual cap is in line with neighboring states.

Recent Legislative Changes