Hill County

ADU Pass helps homeowners in Hill County, Montana navigate the permit paperwork for building an accessory dwelling unit. We cover 7 cities and 7 ZIP codes in this county.

7 ZIP codes
7 Cities

County ADU details

County ADU ordinance

Hill County (Havre county seat; north-central Montana on the Hi-Line; ~16,300 residents across 2,896 sq mi; BNSF Railway mainline corridor with Havre as a major division point; Montana State University-Northern in Havre; Fort Assiniboine National Historic Landmark; the Bear's Paw Mountains across the southern county; the Rocky Boy's Indian Reservation - home of the Chippewa Cree Tribe - covers ~74,000 acres on the Bear's Paw Mountains in the dominant southern half of Hill County) does not maintain a comprehensive countywide zoning code. Hill County operates under Montana Subdivision and Platting Act (MCA Title 76 Ch. 3) and state building code (IRC 2018, administered by the Montana Department of Labor & Industry, Building Codes Bureau). The Rocky Boy's Indian Reservation is sovereign tribal land where the Chippewa Cree Tribal Land Use Code, federal HUD Indian Housing programs, and BIA fee-to-trust mechanisms govern - county zoning does not apply within reservation boundaries. Outside the reservation, Hill County contains incorporated municipalities Havre (~9,400 residents, county seat) and Hingham (~120). Both are subject to Montana SB 528 (2023, Mont. Code Ann. § 76-2-345) ADU preemption inside their city limits. SB 528 applies to ALL incorporated Montana cities (NOT population-gated per the Montana AG interpretation underlying the MT-CW2 finding). At the COUNTY tier, SB 528 is municipal-only and does NOT reach unincorporated county land. Hill County's Hi-Line economy is driven by wheat farming, BNSF rail operations, MSU-Northern, and federal/tribal payrolls (Rocky Boy, Fort Assiniboine, Havre Air Force Station legacy). Census-designated places without incorporation include Box Elder (gateway to Rocky Boy reservation), Gildford, Inverness, Kremlin, and Rudyard along US-2.

State-floor overlay: Montana SB 528 establishes a state ADU floor for incorporated Montana cities; Havre and Hingham are squarely subject inside their limits. SB 528 does NOT extend to unincorporated Hill County or to the Rocky Boy's Indian Reservation. ADU permissibility on unincorporated parcels off-reservation is determined by state-level oversight only (no county zoning). Within the Rocky Boy's Reservation, the Chippewa Cree Tribal Land Use Code governs.

Adopting body: Hill County Board of Commissioners (no countywide zoning ordinance; subdivision review only)

County permitting (unincorporated parcels)

Hill County issues no countywide building permits for residential construction in unincorporated areas. Like most rural Montana Hi-Line counties without a full county building department, building-code enforcement is delegated to the State of Montana (Department of Labor & Industry, Building Codes Bureau) only for certain commercial or state-jurisdiction projects. Single-family residences and ADUs in unincorporated Hill County are typically constructed without municipal-style plan review. State-level oversight applies to on-site septic (DEQ Subdivision review for parcels created after 1973) and well construction (DNRC water rights). Floodplain development requires a permit through the county floodplain administrator under MCA Title 76 Ch. 5 - applicable along the Milk River, Beaver Creek, and other Hi-Line drainages. Havre and Hingham operate their own town permitting processes inside their limits. The Rocky Boy's Indian Reservation operates under tribal land-use authority and federal HUD/BIA permitting; county and state permitting do not reach reservation parcels. Hill County is in IECC climate zone 6B (Hi-Line plains; harsh winter winds; ground snow loads 30-50 psf typical at the plains, 60-90 psf in the Bear's Paw foothills approaching the reservation).

DepartmentHill County Planning Department / Floodplain Administrator (no county building department for unincorporated parcels)
Address315 4th Street, Havre, MT 59501

Impact fees: Hill County and its towns levy no impact fees. SB 528 prohibits ADU-specific impact fees in Havre and Hingham; neither has a general residential impact-fee schedule.

County assessor

Property assessment in Montana is centralized at the Montana Department of Revenue (DOR), not the county. The Hill County DOR field operations are administered through the Great Falls / Havre regional office. ADU additions are captured as improvements to the host parcel on the next biennial residential reappraisal cycle - capture is delayed by the absence of a county building department feeding shared permit data. Mont. Code Ann. § 15-6-134 establishes Class 4 residential property and taxable-value calculation. MCA § 15-6-222 establishes a homestead exemption for principal residences. Montana operates on a two-year reappraisal cycle for residential property under MCA § 15-7-111. Hill County reservation land (Rocky Boy's, ~74,000 acres) is federal trust land and not on the county tax rolls. Off-reservation Hi-Line agricultural land carries Class 3 agricultural assessment under MCA § 15-6-133, providing significant tax relief versus residential classification.

NameMontana Department of Revenue - Hill County Field Operations (Havre/Great Falls regional) / Hill County Treasurer (Havre)
AddressDOR regional offices in Havre and Great Falls; Hill County Treasurer at 315 4th Street, Havre, MT 59501

Assessment policy: Improvement value for an ADU is added to the parcel record on the next biennial revaluation. Without a county building department, capture relies on field discovery, satellite imagery, owner self-report, or town-permit feeds (Havre / Hingham) - delays of 1-3 years are common. Montana applies a Class 4 residential rate (~1.35% of market value, adjusting per legislative session) to compute taxable value. 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. Appeals run first to the Hill County Tax Appeal Board (CTAB) and then to the Montana Tax Appeal Board.

County overlays (5)

Hill County's overlay landscape is dominated by tribal sovereignty and Hi-Line geography: (1) The Rocky Boy's Indian Reservation - ~74,000 acres of sovereign Chippewa Cree tribal land covering the dominant southern half of Hill County including most of the Bear's Paw Mountains - county zoning, county permitting, and state property tax do not apply within reservation boundaries; tribal land-use code governs. (2) FEMA NFIP floodplain along the Milk River corridor (the Hi-Line spine through Havre), Beaver Creek, Big Sandy Creek, and other Hi-Line drainages. (3) Wildland-Urban Interface in the Bear's Paw Mountains (most of which lies within the reservation but a thin slice is off-reservation). (4) Historic-district overlays at Fort Assiniboine NHL (a 19th-century military post south of Havre) and the H. Earl Clack Memorial Museum / Havre downtown. (5) BNSF Railway mainline corridor through Havre (a major division point) - rail-adjacent setbacks and noise considerations apply.

  • Rocky Boy's Indian Reservation (Chippewa Cree Tribe) — ADU work on tribal trust land follows BIA leasing under 25 CFR 162, tribal land-use code, and HUD-184 financing. Section 184 Indian Home Loan Guarantee is the dominant federal financing pathway. Free-of-county-permit but subject to tribal review and BIA approval where federal trust status applies. STR economics on reservation are modest; the dominant ADU use case is multi-generational family housing.
  • FEMA NFIP Special Flood Hazard Areas - Milk River, Beaver Creek, Big Sandy Creek — Spring snowmelt and ice-jam events drive flooding peaks, especially on the Milk River. Lower Beaver Creek through Beaver Creek Park (the largest county park in the United States) is a popular STR/recreation corridor. New ADUs in mapped SFHA must be elevated to or above the Base Flood Elevation; elevation cost can add $15,000-$30,000 in this market.
  • Wildland-Urban Interface - Bear's Paw Mountains (off-reservation slice) — Hi-Line plains carry low forest-fuel load; WUI hazard is concentrated in the Bear's Paw foothills. Insurance markets are stable for plains-level Hi-Line parcels; foothill parcels face moderate underwriter caution.
  • Fort Assiniboine NHL; Havre Downtown / H. Earl Clack heritage corridor — ADU work on Havre NRHP-listed contributing properties triggers SHPO consultation only if federal financing or permitting (FHA, USDA RD, HUD-184) is involved. Fort Assiniboine ADU adjacency is rare given the federal-lease status and reservation-boundary geography.
  • BNSF Railway Hi-Line mainline corridor / Havre division point — Rail-adjacent ADU economics in Havre are constrained by noise; underwriting on rail-adjacent residential is conservative. Hi-Line CDPs (Inverness, Kremlin, Rudyard, Gildford) sit immediately adjacent to the mainline in their cores - the dominant rural housing pattern on the Hi-Line.

Known county issues (3)

  • other — Approximately half of Hill County's land area follows a fundamentally different permitting and financing pathway than the off-reservation half. Conventional financing maps and county property-tax records do not cover reservation parcels. ADU economics on reservation favor multi-generational family housing under HUD-184; off-reservation Hi-Line economics favor rental income on agricultural homesteads.
  • other — ADU project cost in Hill County runs $180-$240/sqft baseline, with wind-exposed Hi-Line plains parcels facing additional envelope sealing and slab-edge frost protection cost. Operating cost (heating) is high - plains Montana winter design temperatures of -20F are common.
  • other — Havre ADU rental yield is competitive (annual rent ~$10,000-$14,000 for a detached studio/one-bedroom). MSU-Northern academic-year demand peaks aligned with student enrollment. Havre's relatively flat housing-price curve (median ~$200k) makes ADU return-on-investment math attractive versus higher-cost Montana markets.
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.