Bozeman's new code stranded existing short-term rentals in its new RA district
Bozeman's new code stranded existing short-term rentals in its new RA district
2026-09-15 · Montana · Regulation · Pending — not yet law
What happened. Bozeman replaced its whole development code, and in the process appears to have converted a category of lawful short-term rentals into nonconforming ones. A fix was still working through the process at last confirmation.
The code replacement
The Bozeman City Commission gave final adoption to Ordinance 2151 on December 16, 2025, repealing and replacing all of Chapter 38 — the Unified Development Code — plus the zoning map. It took effect February 1, 2026. One text change was made at final adoption: maximum building height in B-3 set at 90 feet. The zoning map was unchanged from the draft.1
The process began in summer 2022, and the city framed adoption as the final step to Montana Land Use Planning Act compliance by the May 2026 deadline.
The RA district problem
The new code consolidated the RS, R-1 and R-2 districts into a new RA district. Per the city, only Type 1 short-term rentals are allowed in RA — which means Type 2 short-term rentals operating in what is now RA may no longer be permitted.
That is a zoning consolidation quietly changing the status of an existing, permitted use.
The fix in progress
The Commission initiated text amendment application 26307 on May 12, 2026. The Community Development Board, sitting as Planning Commission, held a hearing on June 15, 2026 and recommended allowing any Type 2 short-term rental — existing or new — as an accessory use in RA, which is broader than staff's “existing only” proposal. A City Commission public hearing was noticed for July 14, 2026.
We could not confirm what the Commission did on July 14. Repeated searches found no coverage of the outcome, so the amendment is reported here as pending.
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Related Montana HOA Topics
- “Unified Development Code adopted” — City of Bozeman Engage: Ordinance 2151, final adoption Dec. 16, 2025, effective Feb. 1, 2026 ↩
- Brandt v. R&R Mountain Escapes, LLC, 2025 MT 155 — covenants read as a whole bar short-term rentals; a county permit does not cure a violation ↩
- Montana Legislature Bill Explorer API — SB 336 (Died in Committee May 23, 2025) and HB 802 (Died in Process May 20, 2025) ↩
- Local Government Interim Committee — studies and topics page, confirming short-term rentals are not an assigned study or member topic ↩
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