Montana Short-Term Rental Laws by City (2026)
Short-term rental rules in Montana are set city by city — a property that is legal to rent nightly in one town can be prohibited a few miles away. The table below covers 1 Montana city (1 human-verified against official sources), with each city's legal status, permit cost, and last-verified date.
Statewide short-term rental rules in Montana
Montana requires every short-term rental operated as a 'tourist home' or bed and breakfast to hold an annual Public Accommodation License from the Department of Public Health and Human Services (validated by the local health officer/sanitarian), and guests pay a combined 8% state lodging tax (4% lodging facility use tax + 4% lodging sales tax) that Airbnb-style platforms must collect on facilitated bookings. There is no statewide preemption statute: cities and counties remain free to license, zone, cap, or ban STRs locally, and bills to shield STRs from local regulation (SB 467/SB 268 in 2023, SB 336 in 2025) all died in the legislature.
Full statewide rules: permits, taxes & enforcement
Montana requires every short-term rental operated as a 'tourist home' or bed and breakfast to hold an annual Public Accommodation License from the Department of Public Health and Human Services (validated by the local health officer/sanitarian), and guests pay a combined 8% state lodging tax (4% lodging facility use tax + 4% lodging sales tax) that Airbnb-style platforms must collect on facilitated bookings. There is no statewide preemption statute: cities and counties remain free to license, zone, cap, or ban STRs locally, and bills to shield STRs from local regulation (SB 467/SB 268 in 2023, SB 336 in 2025) all died in the legislature.
Reviewed by the STR Rule Watch research team against 10 official sources. How we verify data
Montana statewide STR rules at a glance
| Legal status | Allowed with permit |
|---|---|
| Permit required | Yes |
| Permit name | Public Accommodation License (Tourist Home / Bed and Breakfast) |
| Permit fee | $40 |
| Renewal | Annual |
| Owner occupancy required | No |
| Primary residence only | No |
| Total occupancy taxes | ~8% of gross revenue |
| Enforcement | Licensing is administered by DPHHS but enforced through local health departments: the license must be validated by the local health officer or sanitarian, and new establishments require inspection/plan-review approval before opening. |
State law & local authority
No statewide zoning rules for STRs and no state preemption of local control. Local governments retain full authority to zone, cap, license, or prohibit short-term rentals. SB 336 (2025), which would have classified STRs as a residential use allowed unless expressly prohibited in a zoning district, passed the Senate 36-14 but was tabled in the House Local Government Committee and died in standing committee on 2025-05-23.
State-level taxes
| Tax | Rate | Who collects |
|---|---|---|
| Lodging Facility Use TaxMCA 15-65-111: 4% of the sales price paid by the purchaser. Online hosting platforms must collect and remit on bookings they facilitate; owners must register with the Department of Revenue and remit on any direct bookings made outside a platform. | 4% | varies |
| Lodging Facility Sales Tax (sales tax on accommodations)MCA 15-68-102: 4% on accommodations and campgrounds. Combined with the use tax this yields Montana's total 8% lodging facility sales and use tax. Montana has no general statewide sales tax. Platforms collect on facilitated sales; hosts remit on direct sales. Some resort-area communities (e.g., Big Sky, Whitefish) add local resort taxes, which are local, not state, levies. | 4% | varies |
Enforcement & penalties
Licensing is administered by DPHHS but enforced through local health departments: the license must be validated by the local health officer or sanitarian, and new establishments require inspection/plan-review approval before opening. The Department of Revenue administers the lodging taxes; operators whose sales all flow through collecting platforms still must remit on any off-platform sales.
MCA 50-51-401: an establishment that violates the public accommodation chapter or its rules is subject to a civil penalty not to exceed $500, and the department may seek injunctions. Tax delinquencies are pursued by the Department of Revenue under general tax collection provisions.
Statewide sources
- MCA 50-51-201 — License required (public accommodations)retrieved July 20, 2026
- MCA 50-51-102 — Definitions (establishment, tourist home, bed and breakfast)retrieved July 20, 2026
- MCA 50-51-401 — Civil penalty and injunctionretrieved July 20, 2026
- MCA 15-65-111 — Lodging facility use tax rateretrieved July 20, 2026
- MCA 15-68-102 — Sales tax rate on accommodationsretrieved July 20, 2026
- MCA 15-68-101 — Definitions (accommodations, short-term rental, online hosting platform)retrieved July 20, 2026
- Montana Department of Revenue — Lodging Facility Sales and Use Taxretrieved July 20, 2026
- Montana DPHHS — Public Accommodations (Environmental Health & Food Safety)retrieved July 20, 2026
- Montana DPHHS — Public Accommodation License Application (fees)retrieved July 20, 2026
- Montana Free Press Capitol Tracker — SB 336 (2025): Revise laws related to short-term rentalsretrieved July 20, 2026
| City | Status | Permit fee | Last verified |
|---|---|---|---|
| Bozeman | Primary residence only | $325 | July 21, 2026 |
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This page is informational only and is not legal, tax, or financial advice. Regulations change frequently — verify current requirements with each jurisdiction before operating. HOA and condo rules may prohibit short-term rentals regardless of city law.