Agricultural building(s) not intended for human habitation or commercial use (i.e., sale of goods, factory use of a building, etc.) on parcels/properties classified as Agricultural through the Montana Department of Revenue Agricultural Land Classification Application and in conjunction with Montana Code Annotated Section 15-7-202 may be exempt from a building permit. The following exemption process must be followed to qualify:
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. Upon Receipt of said 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:
- 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
- Elevation drawings of all four sides of the structure labeled with overall height
- 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 a $150 fee 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.
Any change of use of the agricultural buildings into habitable space or into a private residential garage requires a building/trade permit(s), engineered stamped plans; Land Use/Zoning Compliance permits; Floodplain, Shoreline and Health Department permits, as applicable. Fees will be assessed on use and square footage.
Agricultural buildings found to be constructed without the proper permits will result in penalty fees up to 100% of the building permit fees per Resolution 2019-100 and a notice of violation filed on the property until the structure is brought into compliance with all Missoula County Regulations.
The term 'agriculture' is defined as: "The science, art, or occupation of cultivating land, raising crops, and feeding, breeding, and raising livestock. American Heritage dictionary of the English language, Fifth Edition. It is also referred to as farming or ranching. The term 'agricultural' means the production of food, feed, livestock, poultry, bees, biological control insects, fruits, and vegetables, as well as sod, ornamental, nursery, horticultural crops, and fiber commodities that are raised, grown, or produced for commercial purposes. It also includes the raising of domestic animals and wildlife in domestication or a captive environment". 15-1-101, MCA.
The term 'livestock' includes typical domesticated animals: cattle, sheep, swine, goats, horses, mules, and asses. In addition, it also includes "llamas, alpacas, bison, ostriches, rheas, emus, and domestic ungulates." 15-1-101, MCA and ARM 42.20.601.
