Glacier County

ADU Pass helps homeowners in Glacier County, Montana navigate the permit paperwork for building an accessory dwelling unit. We cover 4 cities and 4 ZIP codes in this county.

4 ZIP codes
4 Cities

County ADU details

County ADU ordinance

Glacier County (Cut Bank county seat; northwest Montana on the Canadian border; ~13,800 residents across 3,026 sq mi; the dominant land-use feature is the Blackfeet Indian Reservation, which covers approximately 65% of the county's area; Glacier National Park's east entrance corridor (St. Mary, Babb, East Glacier Park) sits on the western edge; the Rocky Mountain Front rises out of the Plains in the western county) does not maintain a comprehensive countywide zoning code applicable to fee-simple parcels. Land use in Glacier County is partitioned across THREE jurisdictional regimes: (1) the Blackfeet Indian Reservation (Blackfeet Tribe Land Use Code under Blackfeet Tribal Business Council authority and BIA trust-land oversight; covers Browning, Heart Butte, Babb, St. Mary, and most reservation parcels - approximately 65% of county area); (2) incorporated Cut Bank (~3,000 residents, the only incorporated city in Glacier County, located outside the reservation); and (3) unincorporated non-reservation Glacier County (a strip on the eastern county margin and small inholdings, generally unzoned). Montana SB 528 (2023, Mont. Code Ann. § 76-2-345) preempts MUNICIPAL ADU restrictions and applies to ALL incorporated Montana cities; Cut Bank is squarely subject. SB 528 does NOT reach unincorporated county land OR tribal trust land - the Blackfeet Reservation is governed by Blackfeet Tribe land-use authority under the Indian Reorganization Act (25 U.S.C. § 5101 et seq.) and applicable BIA regulations, NOT by Montana state preemption. ADU permissibility on reservation land is determined by Blackfeet Tribe Land Use Code and BIA realty oversight, not by SB 528.

State-floor overlay: Montana SB 528 establishes a state ADU floor for incorporated Montana cities; Cut Bank (only incorporated city in Glacier County) is squarely subject. SB 528 does NOT reach the Blackfeet Indian Reservation (tribal jurisdiction) and does NOT reach unincorporated non-reservation Glacier County. Reservation ADU permissibility is determined by Blackfeet Tribe Land Use Code and BIA realty oversight.

Adopting body: Glacier County Board of County Commissioners (no county zoning ordinance; commissioners administer subdivision, floodplain, and roads on non-tribal non-municipal land only). The Blackfeet Tribal Business Council adopts the Land Use Code applicable on reservation land.

County permitting (unincorporated parcels)

Glacier County permitting is split across three regimes. (1) Blackfeet Indian Reservation: Construction on tribal trust land or allotted trust parcels requires a Blackfeet Tribe land-use permit (administered by the Blackfeet Tribal Business Council Land Department) plus BIA realty review under 25 CFR Part 162 (residential leasing) and 25 CFR Part 169 (access rights-of-way) where applicable. Tribal home-site leases and assignments are the typical mechanism for residential development on trust land - fee-simple ownership is generally not available on trust parcels. ADU construction on reservation fee-simple parcels (small inholdings) follows non-tribal county process but tribal jurisdiction may still attach for some purposes. (2) Cut Bank (incorporated): city building department issues permits per state-adopted IRC 2018 with Montana amendments. SB 528 preemption applies. (3) Unincorporated non-reservation Glacier County: no county building department, no county zoning. ADU construction proceeds with state-level oversight only (Montana DEQ for septic, DNRC for wells, county floodplain administrator for SFHA permits). Note: SB 528 has NO application here since this strip contains no incorporated cities. Glacier County is in IECC climate zone 6B-7; St. Mary and the Rocky Mountain Front face elevated snow loads (60-90 psf typical, higher at the Glacier NP boundary).

DepartmentGlacier County Clerk & Recorder / Floodplain Administrator (no county building department) / Blackfeet Tribe Land Department (reservation parcels) / Cut Bank Building Department (city parcels)
Address512 E Main St, Cut Bank, MT 59427

Impact fees: Glacier County levies no impact fees. SB 528 prohibits ADU-specific impact fees in Cut Bank. Reservation parcels are not subject to state or county impact fees but may carry tribal infrastructure assessments where applicable.

County assessor

Property assessment in Montana is centralized at the Montana Department of Revenue (DOR), not the county. The Glacier County DOR field operations are administered through the Cut Bank office. Critically, tribal trust land is NOT subject to state or county property taxation (under the federal trust doctrine and 25 U.S.C. § 5108 immunity); the DOR assesses only fee-simple parcels (Cut Bank, unincorporated non-reservation, and the limited fee-simple parcels within the reservation boundary). Allotted trust parcels held by individual tribal members are likewise tax-exempt while in trust. ADU additions on fee-simple parcels are captured on the next biennial reappraisal cycle. Mont. Code Ann. § 15-6-134 establishes Class 4 residential property; MCA § 15-6-222 establishes the homestead exemption. Reservation residential improvements are recorded by Blackfeet Tribe and BIA but do not flow to the state tax roll.

NameMontana Department of Revenue - Glacier County Field Office (Cut Bank)
AddressGlacier County Courthouse, 512 E Main St, Cut Bank, MT 59427

Assessment policy: Improvement value for an ADU is added to fee-simple parcel records on the next biennial revaluation. Trust land parcels are tax-exempt and not assessed by DOR. Class 4 residential rate (~1.35% of market value, adjusting per legislative session) applies. Homestead / principal-residence treatment under MCA § 15-6-222 (and HB 231 2025 adjustments) shields the existing structure but new improvement value is fully captured on fee-simple parcels. Appeals run first to the Glacier County Tax Appeal Board (CTAB) and then to the Montana Tax Appeal Board.

County overlays (6)

Glacier County's overlay landscape is dominated by federal and tribal land management. Six categories are material: (1) Blackfeet Indian Reservation tribal jurisdiction - covers approximately 65% of county area; tribal land-use authority preempts state and county zoning; trust land is also tax-exempt. (2) Glacier National Park boundary - the park's east entrance (St. Mary, Many Glacier, Two Medicine, Cut Bank Creek) abuts the western edge of the county; NPS has no direct authority over private land but federal-action triggers can apply. (3) Wildland-Urban Interface - Glacier NP, the Bob Marshall Wilderness Complex (Sawtooth Range, Rocky Mountain Front), and tribal forest land all generate WUI exposure; the 2017 Sprague Fire and other recent burns have driven elevated insurance underwriting caution. (4) FEMA NFIP floodplain along the St. Mary River, Two Medicine River, Cut Bank Creek, Milk River. (5) Grizzly bear recovery zone - the Northern Continental Divide Ecosystem (NCDE) covers most of western Glacier County; ESA Section 7 consultation can apply to federally-financed construction. (6) NRHP historic resources - the Going-to-the-Sun Road National Historic Landmark (within Glacier NP), Cut Bank historic structures, and Blackfeet cultural resource sites administered through Blackfeet THPO and Montana SHPO.

Known county issues (4)

  • policy-review — Reservation home-site leasing produces a different ADU economic profile than fee-simple ownership: no fee-simple resale, lease-assignment governance, tribal preemption rights. Cut Bank operates as a standard SB 528 city. Unincorporated non-reservation strip is permitting-light.
  • other — Trust-land ADU projects face longer timelines than fee-simple equivalents but are not subject to state property tax. Total project timeline can run 12-24 months including BIA realty.
  • other — STR-oriented ADU investment is most straightforward in Cut Bank (SB 528 protections, conventional fee-simple). Reservation parcels offer location premium but jurisdictional complexity.
  • other — Insurance premium adds 15-30% to operating cost for ADUs in WUI-mapped western county parcels; some new construction may face limited carrier choice. Cut Bank (eastern Plains) is outside this overlay.
Montana state — ADU law and programs

State ADU law

Montana has enacted strong statewide ADU preemption through Senate Bill 528 (2023), codified at Mont. Code Ann. § 76-2-345. SB 528 is part of the 2023 'Montana Miracle' housing reform package (also including SB 323 duplex preemption and SB 245 commercial-zone multifamily). SB 528 requires every Montana city to allow at least one ADU by right on any lot containing a single-family dwelling, with size capped at the lesser of 1,000 sq ft or the floor area of the primary dwelling. ADUs may be attached, detached, or internal. Cities are prohibited from requiring additional parking, fees, design-match to the primary dwelling, owner-occupancy, occupant-relationship limits, or impact fees specifically for ADUs. ADUs must still meet building, fire, and public-health codes. Effective 2024-01-01. The Montana Supreme Court (September 2024) lifted a Gallatin County district-court injunction obtained by Montanans Against Irresponsible Densification (MAID), allowing the law to take effect; a Daily Montanan March 2025 ruling confirmed the affordable-housing bills are a 'legitimate government concern.' The 2025 session continued the reform trajectory (HB 533 wildfire-insurance transparency); no rollback bills have advanced as of 2026-04-26.

State HOA preemption

Montana's HOA statute Mont. Code Ann. § 70-17-901 (https://mca.legmt.gov/bills/mca/title_0700/chapter_0170/part_0090/section_0010/0700-0170-0090-0010.html) prohibits an HOA from adopting or enforcing a covenant amendment that imposes more onerous use restrictions than those in place when a member acquired their interest, unless the affected member consents in writing. After 2019-05-09, an HOA also may not enforce a covenant in a way that limits uses that were allowed when the member acquired the property. This is a one-way ratchet protecting existing uses, not an affirmative ADU preemption: an HOA's pre-existing covenant prohibiting ADUs remains enforceable against owners who took title with that restriction in place. SB 528's text expressly addresses municipal zoning, not private covenants, and § 70-17-901(2) carves out covenants required to comply with applicable federal, state, and local laws — but a covenant banning ADUs is not 'required' by SB 528, so the carve-out does not flip pre-existing ADU bans. A homeowner subject to an HOA covenant prohibiting ADUs has no state-law remedy under current Montana law and must seek the consent or amendment process within the association.

State financing programs

Montana Board of Housing (MBOH) under the Montana Department of Commerce does not operate an ADU-specific loan or grant product as of 2026-04-26. Construction or rehab of an ADU on a primary residence may be financed indirectly through MBOH's Regular Bond Loan Program (30-year, low-interest first mortgage geared to first-time buyers under income and purchase-price limits) or the Bond Advantage / MBOH Plus Down Payment Assistance Programs (up to 5% / $15,000 in DPA). All MBOH first-mortgage products require qualifying for an underlying FHA, VA, RD, or HUD-184 loan; an existing ADU on the property is generally permissible. The Department of Commerce's Coal Trust Multifamily Loan Program funds rental housing developments which can include ADU-style units in multi-unit projects but is not a homeowner-facing instrument.

State housing programs

Montana does not operate a statewide pre-approved ADU plan catalog as of 2026-04-26. The 2023 Montana Miracle reform package (SB 528, SB 323, SB 245, SB 382) established the country's most aggressive state preemption of single-family-only zoning, but did not pair the preemption with a state plan library, impact-fee waiver fund, or per-ADU rebate. SB 382 (the Montana Land Use Planning Act, https://archive.legmt.gov/bills/2023/BillPdf/SB0382.pdf) restructures comprehensive-planning requirements for cities of 5,000+ residents toward a more streamlined, plan-then-permit model. Implementation by the Department of Commerce and the Department of Environmental Quality continues; the DEQ Energy Code office published an ADU best-practices guide in fall 2023.

Federal (United States) — ADU-relevant rules and programs

Federal ADU law

The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.

Federal financing programs

Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.

Federal tax credits

There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.

Federal housing programs

HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.