Accessory Dwelling Unit (ADU) in Livingston, Montana

Livingston requires an accessory dwelling unit (adu) permit for: Municipalities must allow a minimum of one ADU by right on any lot containing a single-family dwelling, without public hearings or discretionary review, per MCA 76-2-345; ADU size capped at 75% of the gross floor area of the primary single-family dwelling, or 1,000 sq. ft., whichever is less (detached or attached units; internal units have no statutory size cap); City may NOT require additional off-street parking, or a fee in lieu of parking, for an ADU; City may NOT impose stricter building height, setback, lot size, lot coverage, or frontage requirements on an ADU than apply to the primary single-family dwelling; City may NOT mandate matching exterior design/roof pitch/materials with the primary dwelling, require owner-occupancy of either unit, or require a familial/employment relationship between occupants; Standard City of Livingston Building Permit Application and 2021 IBC/IRC review process applies to the structural scope, same as any residential addition or new accessory structure. If your project isn't listed, confirm with City of Livingston Building & Planning Department (Building Division) — city-certified for Building and Swimming Pool permits only; Electrical, Plumbing, and Mechanical/HVAC permits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau at (406) 222-4903 (Building & Planning); (406) 222-0083 (Interim Building Director Brad Haefs, Building Division) before starting work.

In Livingston, the published Building Permit Fee — valuation-based (same schedule as new construction/addition) is: $23.50 minimum ($1.00-$500.00 valuation), scaling per the City of Livingston Fee Schedule Building Fees table. Additional published fees: One-time ADU application review fee (statutory cap) — Up to $250 per unit (statutory maximum); no distinct Livingston-specific ADU review fee line was found published separately from the standard building permit fee; Impact fees on ADU construction — $0 — full waiver required by MCA 76-2-345 ('may not assess impact fees on the construction of an accessory dwelling unit'), which supersedes the City's older 2021 Impact Fee Schedule Exhibit A (that pre-statute document listed only a 50% ADU impact-fee reduction, not a full waiver). These are the jurisdiction's own published figures — see the fee schedule table and source citations on this page.

Livingston's published plan-review target for an accessory dwelling unit (adu) permit is 1–10 business days.

You'll need: Building Permit Application. See the required-documents checklist on this page for details on each.

Livingston requires 3 inspection(s) for an accessory dwelling unit (adu) permit, in order: Footing/Foundation, Framing, Final. Schedule each through City of Livingston Building & Planning Department (Building Division) — city-certified for Building and Swimming Pool permits only; Electrical, Plumbing, and Mechanical/HVAC permits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau ((406) 222-4903 (Building & Planning); (406) 222-0083 (Interim Building Director Brad Haefs, Building Division)).

Apply through City of Livingston Building & Planning Department (Building Division) — city-certified for Building and Swimming Pool permits only; Electrical, Plumbing, and Mechanical/HVAC permits are issued directly by the Montana Department of Labor & Industry Building Codes Bureau at 220 E. Park Street, Livingston, MT 59047 (Building Division field office: 330 Bennett Street). Phone: (406) 222-4903 (Building & Planning); (406) 222-0083 (Interim Building Director Brad Haefs, Building Division), email: jseverson@livingstonmontana.org (Planning Director Jennifer Severson); bhaefs@livingstonmontana.org (Interim Building Director Brad Haefs). Office hours: City Hall, 220 E. Park Street, Livingston, MT 59047. Official information: https://www.livingstonmontana.org/buildingplanning.

Livingston, Montana has adopted: Montana has a mandatory statewide building code administered by the Montana Department of Labor & Industry (DLI) Building Codes Bureau, amended by the Administrative Rules of Montana (ARM) Title 24, Chapter 301. Cities, counties, and towns may become 'certified' to locally administer permitting and inspection for all or part of the code (building, plumbing, electrical, mechanical, swimming pool, etc.); non-certified areas/trades fall under direct state administration by the DLI Building Codes Bureau. Source: Montana DLI Building Codes Bureau, Certified City, County and Town Programs and Current Codes pages (bsd.dli.mt.gov/building-codes-permits).; Livingston is a Montana DLI-certified jurisdiction for Building (B) and Swimming Pool (SP) ONLY within Livingston city limits; certified building official on file with DLI: Jim Woodhull, (406) 222-0083. Source: Montana DLI Building Codes Bureau, Certified City, County and Town Programs / Current Codes page, bsd.dli.mt.gov/building-codes-permits/certified-government; Livingston is NOT certified for Electrical (E), Plumbing/Mechanical-Gas (P(M/G)), or Mechanical (M). Per the City of Livingston Building Department page: 'The City of Livingston does not issue permits or conduct inspections for electrical, plumbing, or HVAC work. These services are regulated at the state level.' Source: City of Livingston Building Department page, https://www.livingstonmontana.org/buildingplanning/page/building-department; Park County (unincorporated, outside Livingston city limits) does not appear on the Montana DLI Building Codes Bureau's certified local government list at all — unincorporated Park County is entirely state-enforced for Building, Electrical, Plumbing, and Mechanical permitting. Source: Montana DLI Building Codes Bureau, Certified City, County and Town Programs list, bsd.dli.mt.gov/building-codes-permits/certified-government; 2021 International Building Code (IBC) — statewide effective June 11, 2022; per the City of Livingston Building Department, new 2021-edition building codes took effect locally September 23, 2022 ('NEW BUILDING CODES (2021) TAKE EFFECT SEPTEMBER 23, 2022'). Source: City of Livingston Building Department page; 2021 International Residential Code (IRC) — statewide effective June 11, 2022; adopted locally effective September 23, 2022 per City of Livingston Building Department page; 2021 International Existing Building Code (IEBC) — statewide effective June 11, 2022; 2021 International Swimming Pool and Spa Code (ISPSC) — statewide effective June 11, 2022; Livingston is DLI-certified for swimming pool (SP) permitting; 2021 International Mechanical Code (IMC) and 2021 International Fuel Gas Code (IFGC) — statewide editions; state-administered permits in Livingston (city is not Mechanical-certified); 2021 Uniform Plumbing Code (UPC) — statewide edition; state-administered permits in Livingston (city is not Plumbing-certified) — Montana uses the Uniform Plumbing Code, not the International Plumbing Code; 2020 National Electrical Code (NEC) — statewide edition; state-administered permits in Livingston (city is not Electrical-certified); 2021 International Energy Conservation Code (IECC) — statewide effective June 11, 2022; All codes amended by the Administrative Rules of Montana (ARM) Title 24, Chapter 301. Source: Montana DLI Building Codes Bureau, Current Codes page, bsd.dli.mt.gov/building-codes-permits/current-codes; The Livingston Building Department reviews plans and performs inspections using the ICC's IBC and IRC; codes are 're-adopted approximately every three years' per the City of Livingston Building Department page. No Livingston-specific Municode text of Chapter 6 (Uniform Building Code) confirming a distinct local amendment ordinance number could be retrieved (Municode's dynamic content did not resolve via direct fetch or Wayback Machine snapshot); the City's own Building Department page is used as the authoritative statement of adopted-code editions and effective date.. Local amendments apply — see the Livingston overview page for the full list.

Yes. Under Montana Code Annotated 76-2-345 and City of Livingston Ordinance No. 3056, at least one ADU is allowed by right on any lot with a single-family dwelling, without discretionary review. The ADU is capped at 75% of the primary dwelling's floor area or 1,000 sq. ft. (whichever is less), the City cannot require extra parking or impact fees for it, and it goes through the standard Building Permit process.