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Change of Use / Zoning Compliance Permit in Unincorporated Yellowstone County, Montana

Yellowstone County itself issues no building Certificates of Occupancy for structures outside Billings city limits (confirmed elsewhere in this dataset), so there is no county-issued 'Change of Occupancy' building certificate. The county's real change-of-use control operates on the zoning side: Section 27-1628 of the joint Billings/Yellowstone County zoning code requires a County Zoning Compliance Permit from the City/County Planning Division before any land use is established OR CHANGED, in whole or in part, anywhere in the county's zoning jurisdictional area -- regardless of whether new construction is involved. This permit is explicitly limited to a zoning-conformance review and does not substitute for building-code compliance; if a change of use also changes a building's occupancy classification under the International Building Code (egress, fire rating, etc.), a separate state Building Permit (BCP-1) marking 'Change of Use' as the Type of Work is additionally required from the Montana Building Codes Bureau, unless the structure/use qualifies for the state's residential building-permit exemption.

Verified 2026-07-22 · Source

When you need this permit

  • A Zoning Compliance Permit (Section 27-1628, Billings/Yellowstone County Zoning Code) is required before any land use is established or changed, in whole or in part, within the county's zoning jurisdictional area -- this applies even to a pure use change with no new construction
  • Zoning Compliance Permit review is limited strictly to zoning-regulation conformance; per the code itself, it 'shall not constitute a review of compliance with any applicable building codes or other County, State, or Federal regulations'
  • If the change of use also changes the building's IBC occupancy classification, a separate State Building Permit (BCP-1) marking 'Change of Use' as Type of Work is required from the Montana Building Codes Bureau -- unless the structure/use qualifies for the state's 4-or-fewer-unit residential exemption
  • Commercial change-of-use projects must additionally submit a landscaping plan and an off-street parking/loading site plan as part of the Zoning Compliance Permit application
  • Applicant should separately confirm septic/wastewater capacity for the new use with Riverstone Health (406-256-2770) and any state building-code applicability with the Building Codes Bureau (406-841-2040) before applying
  • A Zoning Compliance Permit is valid for 6 months from approval and may be extended once, for an additional 6 months, with written approval from the zoning coordinator

Required documents

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Fee schedule

Zoning Compliance Permit feeCurrent fee per the Planning and Community Services Department's Zoning Compliance Permit Information and Application form; flat fee regardless of residential or commercial project
$77.00
State Building Permit Fee (if occupancy classification change requires a state Building Permit)Only applies if the change of use also triggers a state Building Permit 'Change of Use' review, separate from the Zoning Compliance Permit
Calculated based on project valuation; fee schedule not published inline on the application -- contact Building Codes Bureau at (406) 841-2056 for the current valuation-based fee table

Review timeline

Plan reviewUnincorporated Yellowstone County’s published plan-review target
5–20 business days

How long did your Change of Use / Zoning Compliance Permit permit actually take in Unincorporated Yellowstone County?

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Inspection process

  1. 1

    Site Inspection (as needed)

    Planning and Community Services Department staff review the application materials and may conduct a site inspection before approving or denying the permit

See the full Unincorporated Yellowstone County inspection guide — scheduling & re-inspection fees →

Tips

  • Even though Yellowstone County issues no building Certificate of Occupancy outside Billings, changing the use of a building in the county's zoning jurisdiction still requires a Zoning Compliance Permit -- the zoning side of 'change of use' is very much regulated even though the building-code side is state-administered.
  • The Zoning Compliance Permit review is limited to zoning conformance only and explicitly does not review building-code compliance -- separately confirm with the Montana Building Codes Bureau whether your use change also requires a state 'Change of Use' Building Permit.
  • Confirm your property's zoning district first via the County Zoning Map GIS tool or by calling the Planning Division at (406) 657-8247 before applying.
  • The permit lapses after 6 months if the use change/construction hasn't commenced; a single additional 6-month extension is available in writing from the zoning coordinator.

Frequently asked questions

Yes. Even though the county issues no building Certificate of Occupancy for structures outside Billings, Section 27-1628 of the joint Billings/Yellowstone County zoning code requires a Zoning Compliance Permit before any land use is established or changed within the county's zoning jurisdictional area. The current fee is $77.00, and review typically takes 20 working days for commercial projects (5 for residential). If the new use also changes the building's occupancy classification under building code, a separate state Building Permit 'Change of Use' application is additionally required from the Montana Building Codes Bureau.

In Unincorporated Yellowstone County, the published Zoning Compliance Permit fee is: $77.00. Additional published fees: State Building Permit Fee (if occupancy classification change requires a state Building Permit) — Calculated based on project valuation; fee schedule not published inline on the application -- contact Building Codes Bureau at (406) 841-2056 for the current valuation-based fee table. These are the jurisdiction's own published figures — see the fee schedule table and source citations on this page.

Unincorporated Yellowstone County's published plan-review target for a change of use / zoning compliance permit is 5–20 business days.

You'll need: Zoning Compliance Permit Application; Site Plan; Building Elevation Plans. Depending on your project, Unincorporated Yellowstone County may also ask for: Landscaping Plan; Application for Building Permit (BCP-1) -- 'Change of Use'. See the required-documents checklist on this page for details on each.

Unincorporated Yellowstone County requires 1 inspection(s) for a change of use / zoning compliance permit, in order: Site Inspection (as needed). Schedule each through Montana Department of Labor & Industry — Building Codes Bureau (Business Standards Division, Building and Commercial Measurements Bureau) ((406) 841-2056).

Apply through Montana Department of Labor & Industry — Building Codes Bureau (Business Standards Division, Building and Commercial Measurements Bureau) at 301 South Park Ave, Floors 4-5, Helena, MT 59620 (mailing: Building Codes Bureau, PO Box 200517, Helena, MT 59620-0517). Phone: (406) 841-2056, email: buildingcodes@mt.gov. Office hours: Mon–Fri, state business hours; online permitting available 24/7 via https://aca-prod.accela.com/bcb/. Official information: https://bsd.dli.mt.gov/building-codes-permits/.

Unincorporated Yellowstone County, Montana has adopted: 2021 International Building Code (IBC) — adopted statewide by ARM Title 24, Chapter 301; effective June 11, 2022; 2021 International Residential Code (IRC) — ARM Title 24, Chapter 301; effective June 11, 2022; 2021 International Existing Building Code (IEBC) — ARM Title 24, Chapter 301; effective June 11, 2022; ICC A117.1-2017 (Accessibility) — ARM Title 24, Chapter 301; effective June 11, 2022; 2021 Uniform Plumbing Code (UPC) — ARM Title 24, Chapter 301; effective June 11, 2022 (fixture table at ARM 24.301.351); 2021 International Mechanical Code (IMC) — ARM Title 24, Chapter 301; effective June 11, 2022; 2021 International Fuel Gas Code (IFGC) — ARM Title 24, Chapter 301; effective June 11, 2022; 2020 National Electrical Code (NEC) — ARM Title 24, Chapter 301; effective June 11, 2022 (NEC Technical Advisory NEC_TIA-23-3_210.8 issued August 12, 2022); 2021 International Energy Conservation Code (IECC) — ARM Title 24, Chapter 301; effective June 11, 2022; 2021 International Swimming Pool and Spa Code (ISPSC) — ARM Title 24, Chapter 301; effective June 11, 2022; 2021 Wildland Urban Interface Code (WUIC) — ARM Title 24, Chapter 301; effective June 11, 2022; NOTE: All codes listed are statewide codes administered directly by the Montana Building Codes Bureau for areas (like unincorporated Yellowstone County) that are NOT within a certified local-government building code jurisdiction..

No. The Zoning Compliance Permit only confirms the proposed use conforms with zoning regulations -- by its own terms it 'shall not constitute a review of compliance with any applicable building codes.' Since Yellowstone County issues no building Certificates of Occupancy outside Billings, building-code-side compliance for a non-exempt structure is handled separately by the Montana Building Codes Bureau's state Building Permit process.

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Change of Use / Zoning Compliance Permit in other cities

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