Montana zoning must treat manufactured homes like any other house — covenants excepted
Montana zoning must treat manufactured homes like any other house — covenants excepted
2026-09-15 · Montana · Legislation
What happened. Since October 1, 2025, Montana zoning cannot single out manufactured or factory-built housing — and for an association, the covenant is now the only barrier that remains.
The statute
Senate Bill 252, “Revise land use laws related to manufactured and factory built homes,” introduced by Sen. D. Fern, became Chapter 376, Laws of 2025. Signed May 5, 2025, effective October 1, 2025. It amended §§ 76-2-202, 76-2-302, 76-25-103, 76-25-303 and 77-1-902, MCA, requiring that municipal and county zoning regulations treat manufactured and factory-built housing the same as other types of residential property.1
The covenant carve-out
Both the county provision (§ 76-2-202) and the municipal provision (§ 76-2-302) now contain the same sentence:
“This section may not be construed to limit conditions imposed in historic districts, local design review standards, existing covenants, or the ability to enter into covenants pursuant to Title 70, chapter 17, part 2.”
The municipal version adds a constraint on local governments: “Local design review standards imposed by a local government must be clear, objective, and necessary to protect public health or safety or to comply with federal law.” That standard binds the city, not the association.
Tiny dwellings, too
The act also addresses tiny dwelling units, referencing “Appendix Q, tiny houses, of the International Building Code as it was printed on January 1, 2023” for units between 350 and 750 square feet, and requiring a permanent foundation and use “as a single-family dwelling for at least 45 days or longer.”
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Related Montana HOA Topics
- Senate Bill 252 (2025), enrolled bill — Chapter 376, Laws of 2025, manufactured and factory-built home zoning parity with the covenant carve-out (Montana Legislature document store) ↩
- House Bill 810 (2025), enrolled bill — Chapter 768, Laws of 2025, prohibiting fees based on rent payment type under §§ 70-24-201 and 70-33-201 ↩
- Montana Legislature Bill Explorer API — chapter numbers and effective dates for SB 252, SB 174, HB 785 and HB 810; final status of HB 277, HB 305, HB 873 and HJ 41 ↩
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