Frequently Asked Questions
Montana ADU answers.
Does Montana have a statewide ADU law?
Yes. Mont. Code Ann. § 76-2-345 (enacted as SB 528, 2023) requires municipalities to allow at least one ADU by-right on single-family lots. An advocacy group sued to block the law; the Montana Supreme Court unanimously upheld it against that constitutional challenge on March 17, 2026, so the law is fully in effect statewide. Local zoning, building, utility, site, and private-covenant requirements may still apply; verify the current rules for the property before design or construction.
Did the Montana Supreme Court strike down or change the ADU size cap in 2026?
No. The March 17, 2026 ruling upheld SB 528 as written, including its 1,000 sqft or 75%-of-primary-home size cap for detached and attached ADUs — that cap remains in effect. The Court's decision addressed the law's constitutionality, not its substantive size or parking limits, which are unchanged from the original 2023 law.
Do I have to live on the property to rent out my Montana ADU?
No. Montana is one of the states that prohibits owner-occupancy requirements for ADUs under the 2023 law, so you can rent both the primary home and the ADU.
Can my HOA block my Montana ADU even though state law allows it?
Yes, potentially. State preemption applies to government zoning, not private CC&Rs. If your property is subject to HOA covenants, those private rules may still restrict ADU construction or rental use — review your HOA documents before starting a project.
Does Montana require an ADU to match the main house?
No. Under the 2023 legislation, municipalities can't require ADUs to match the primary residence's exterior design, materials, or roof pitch — a real point of contrast with Colorado, where most cities do require a design match.
What is the cheapest ADU to build in Montana?
A Junior ADU (JADU) — typically under 500 sqft, carved from existing living space — is usually the cheapest option at $45,000–$95,000. Garage conversions are the next most affordable at $85,000–$180,000.
Does Montana require additional parking for an ADU?
No. Municipalities cannot require additional off-street parking spaces, or fees in lieu of parking, as a condition of ADU approval under § 76-2-345. This restriction was part of the law the Montana Supreme Court upheld in March 2026, so it remains in effect statewide.
What is the ROI on an ADU in Montana?
The adopted Montana one-bedroom planning range is $900–$1,525 per month, derived from the HUD FY2026 revised FMR market basket under ROI-CM-1.4. Payback is calculated from the homeowner's budget, ADU type, size, rent range, and a 30% operating-expense reserve. Property value uses a 15% national planning input with a 10%–20% uncertainty range; it is not a valuation.