Butte-Silver Bow Zoning & Land Use Guide
Key Zoning Facts
Butte-Silver Bow Zoning Overview
Butte-Silver Bow is a consolidated city-county government in southwestern Montana, one of the few such arrangements in the state. The community has a rich mining heritage as the site of one of the largest copper mining operations in history, and this legacy continues to shape its land use patterns. The Superfund cleanup of the Berkeley Pit and surrounding areas has been a defining feature of local planning for decades, creating both constraints and opportunities for redevelopment.
The Planning Department administers zoning across the consolidated jurisdiction, which includes the urban core of Butte and the surrounding rural areas of Silver Bow County. The zoning code reflects a community working to attract new investment while managing environmental remediation and preserving its distinctive Uptown historic district.
Key Zoning Districts
Butte-Silver Bow maintains residential districts from R-1 (Single-Family) through R-4 (High-Density), commercial districts, and industrial zones. The consolidated government also manages rural residential and agricultural zones in the county areas. Special overlay districts apply to the Uptown Historic District and areas affected by environmental remediation.
ADU Regulations
Under Montana state law (SB 528 and HB 211), Butte-Silver Bow must allow accessory dwelling units in residential zones. The consolidated government cannot require owner occupancy or additional parking for ADUs. Given the community's housing stock -- many older homes with existing accessory structures -- ADUs represent a practical option for increasing housing options.
Development Process
Development review in Butte-Silver Bow is handled by the Planning Department, with building permits processed through the Building Division. The Council of Commissioners reviews rezoning requests and major development proposals.
Regulatory Layers That Apply in Butte-Silver Bow
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA Flood Zones: Applicable
- View FEMA Flood Map
State — Montana
- Building Code: Montana Building Code (based on 2021 IBC)
- State ADU Override: Yes (SB 528 and HB 211)
County — Silver Bow County
- Role: Property records, tax assessment, consolidated city-county government
City / Municipal
The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- HOA / CC&Rs common: Yes
- Check HOA CC&Rs for additional restrictions.
Primary Zoning Districts
- Min Lot
- 7,500 sq ft
- Max Height
- 35 ft
- Front Setback
- 25 ft
- Side Setback
- 7 ft
- Rear Setback
- 20 ft
- Min Lot
- 5,000 sq ft
- Max Height
- 45 ft
- Front Setback
- 20 ft
- Side Setback
- 8 ft
- Rear Setback
- 20 ft
- Min Lot
- None
- Max Height
- 50 ft
- Front Setback
- 0 ft
- Side Setback
- 0 ft
- Rear Setback
- 10 ft
ADU Rules in Butte-Silver Bow
- Max Size
- 900 sq ft
- Max Height
- 24 ft
- Rear Setback
- 5 ft
- Side Setback
- 5 ft
- Parking
- None required (per state law SB 245)
- Owner Occupancy
- Not required (per state law)
- Permit Timeline
- 3-5 weeks
Permit Costs & Timelines
Permit Costs & Timelines
Specific permit fee schedules for Butte-Silver Bow are available from the local planning department. Fees vary based on project type, scope, and valuation.
Check Butte-Silver Bow permit fees →