Missoula County exempts detached residential storage structures from building permits after public debate

Missoula County commissioners on June 4 approved a resolution to exempt detached residential accessory storage structures — such as garages, pole barns and sheds used strictly for storage — from county building-permit requirements, effective the same day.

The measure, presented by Kevin Heisler, Missoula County building official, was framed as an effort to align county practice with Montana law and with most other counties in the state. Heisler told the board the building division is self-funded and that permits for these structures have generated roughly $109,000 in revenue annually for his department, but said, “This proposal isn't about revenue. It's about aligning our approach with state law and the expectations of rural property owners.” He said roughly 93% of Montana counties do not require permits for these types of detached storage structures.

The discussion included detailed exchanges about what the exemption would not change. Heisler said planning and public-health reviews remain in place: land-use permits and site plans would still be required to confirm setbacks, floodplain constraints and septic reviews where applicable. He also noted the county has invested “a little north of $30,000 on pre engineered plans for garages and pole barns” that are downloadable from the county website and said staff could develop additional best-practice guidance for residents building non‑preengineered structures.

The proposal drew both support and concern during an extended public-comment period. Supporters — many local contractors and manufacturers — said permitting fees and inspections can add delay and cost to routine accessory projects. “With MQS, we use pre engineered plans…we are not trying to cut corners,” said a sales representative for MQS, a barn manufacturer, in support of the change. Several contractors and longtime builders told commissioners permitting often increases costs to consumers and said reputable builders will continue to follow good practice.

Engineers who testified urged caution. Bradley Layton, a Montana-licensed professional engineer, described field inspections where work did not meet expected standards and warned of safety risks, saying, for example, that he had seen structures held with “8 penny nails to hold an entire roof on a building that could potentially become a kite in a windstorm and cause…public harm.” Dustin Gibson, also a professional engineer, cited past collapses during heavy snow and said, “If we move to a non permitted structure, I suspect that there would be an increase in structures that don't meet international code.”

Commissioners pressed staff on enforcement and outreach; Heisler reiterated that exemptions would not remove planning or health oversight and that enforcement authority remains. After discussion, Commissioner Dave Stromer moved to approve the resolution and the chair seconded the motion; the board approved the measure by voice vote.

The resolution cites state authority under Montana Code Annotated 50-61-021(a). The county will continue to require land-use and health reviews where those processes apply and said it will maintain and expand publicly available pre-engineered plans and best-practice guidance for residents.