Homesteading in Montana

Explore 56 counties and state-level regulations for homesteaders in Montana.

Montana uses a Prior Appropriation water rights system , allows county-level building code enforcement , and has constitutional carry. The effective property tax rate is 0.74%.

State Regulations

Water Rights

System: Prior Appropriation

Prior appropriation doctrine. New appropriations require a permit from DNRC. Ongoing statewide adjudication of pre-1973 rights.

Statute: Mont. Code Ann. § 85-2-101 et seq.

Building Codes

Statewide IRC: No (county-level)

No mandatory statewide residential building code for areas outside municipalities. Cities and counties may adopt codes locally.

Statute: Mont. Code Ann. § 50-60-101 et seq.

Gun Laws

Open Carry: Yes

Constitutional Carry: Yes

Permitless concealed carry statewide for persons 18 and older effective 2021. Open carry legal without a permit.

Statute: Mont. Code Ann. § 45-8-317; Mont. Code Ann. § 45-8-321

Right to Farm

Protected: Yes

Protects agricultural operations from nuisance claims if in operation for at least three years. Applies when surrounding land use has changed after the farming operation was established.

Statute: Mont. Code Ann. § 27-30-101 et seq.

Counties in Montana

56 counties · Click column headers to sort

County Population Median Home Property Tax Growing Days Overall Risk
Beaverhead County 9,469 $278,300 $1,791 67 Relatively Low
Big Horn County 13,090 $159,700 $1,506 66 Relatively Low
Blaine County 7,030 $119,400 $1,872 55 Relatively Low
Broadwater County 6,977 $335,700 $2,083 63 Very Low
Carbon County 10,645 $355,600 $2,060 67 Relatively Low
Carter County 1,332 $140,900 $883 60 Very Low
Cascade County 84,423 $227,600 $2,154 59 Relatively Moderate
Chouteau County 5,897 $172,000 $1,356 57 Very Low
Custer County 11,957 $201,000 $2,127 63 Very Low
Daniels County 1,535 $162,300 $1,436 54 Very Low
Dawson County 8,915 $197,100 $2,171 53 Relatively Low
Deer Lodge County 9,435 $175,700 $1,564 64 Very Low
Fallon County 2,941 $231,300 $1,371 57 Very Low
Fergus County 11,496 $175,800 $1,527 59 Relatively Low
Flathead County 105,950 $414,200 $2,727 56 Relatively Moderate
Gallatin County 119,685 $526,700 $3,423 66 Relatively Moderate
Garfield County 976 $164,900 $1,342 59 Very Low
Glacier County 13,781 $139,400 $1,244 54 Relatively Low
Golden Valley County 841 $138,900 $929 62 Very Low
Granite County 3,368 $283,300 $1,910 62 Very Low
Hill County 16,238 $183,300 $2,019 54 Relatively Low
Jefferson County 12,273 $354,700 $2,114 64 Very Low
Judith Basin County 2,039 $206,000 $974 60 Very Low
Lake County 31,509 $337,700 $2,395 58 Relatively Low
Lewis and Clark County 71,487 $332,000 $2,807 60 Relatively Low
Liberty County 1,993 $118,300 $1,308 55 Very Low
Lincoln County 20,157 $233,400 $1,396 55 Relatively Low
McCone County 1,746 $186,700 $1,433 58 Very Low
Madison County 8,742 $375,200 $1,692 66 Very Low
Meagher County 1,948 $205,900 $1,427 62 Very Low
Mineral County 4,652 $274,700 $1,585 60 Very Low
Missoula County 118,541 $382,400 $3,576 60 Relatively Low
Musselshell County 4,924 $222,200 $1,521 62 Very Low
Park County 17,320 $399,900 $2,358 66 Relatively Low
Petroleum County 416 $152,600 $1,298 60 Very Low
Phillips County 4,233 $178,100 $1,445 56 Very Low
Pondera County 5,987 $172,000 $1,680 56 Very Low
Powder River County 1,773 $167,500 $1,236 66 Very Low
Powell County 6,998 $226,600 $1,720 61 Very Low
Prairie County 1,283 $140,600 $1,421 61 Very Low
Ravalli County 44,876 $378,400 $2,125 64 Relatively Low
Richland County 11,366 $245,900 $1,825 52 Relatively Low
Roosevelt County 10,799 $112,800 $1,487 50 Relatively Low
Rosebud County 8,310 $159,900 $1,085 63 Relatively Low
Sanders County 12,615 $285,300 $1,653 58 Relatively Low
Sheridan County 3,700 $121,800 $1,459 48 Very Low
Silver Bow County 35,306 $195,800 $2,153 64 Very Low
Stillwater County 8,978 $316,200 $2,017 65 Very Low
Sweet Grass County 3,697 $271,100 $1,472 65 Very Low
Teton County 6,238 $217,200 $1,813 57 Very Low
Toole County 5,018 $166,200 $1,642 54 Very Low
Treasure County 680 $210,700 $1,263 63 Very Low
Valley County 7,552 $183,200 $1,915 56 Very Low
Wheatland County 2,060 $163,200 $1,061 62 Very Low
Wibaux County 1,119 $101,800 $700 54 Very Low
Yellowstone County 165,524 $289,300 $2,556 64 Relatively Moderate

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