Frequently Asked Questions

Questions are arranged alphabetically by category, then in order of importance. Please contact us if your question does not appear in this list.

  • Question: What is my zoning?
  • Answer:

    You can obtain zoning information by visiting the Planning & Zoning office, in which case staff will help you look up this information.

    You may also obtain zoning information by accessing the Flathead County GIS website for free.

    If requested, written zoning determinations can be obtained from the Planning & Zoning office for a fee of $25. 

  • Question: What is a family transfer?
  • Answer:

    Family transfers are divisions of land exempted from local subdivision review by   Montana State Law Section 76-3-207(1)(b), M.C.A, because they are created for the purpose of a gift or sale to a member of the landowner’s immediate family.  In addition, these divisions must be approved for sanitary purposes by the Montana    Department of Health and Environmental Sciences (now the Department of Environmental Quality) under Montana State Law section 76-4-122, M.C.A, before surveys of the divisions may be filed by the county clerk and recorder.

  • Question: How do I know if my property is in the floodplain?
  • Answer:

    Flathead County serves as a repository for the Flood Insurance Rate maps, published by FEMA, identifying those areas considered to be in the Special Flood Hazard Area for Flathead County .  These maps are to be used as a guide in conjunction with the Flood Insurance Study for the community. The Flathead County Planning and Zoning Office does not make floodplain determinations.

    To accurately determine the floodplain a survey conducted by a licensed surveyor or a determination by a commercial floodplain determination company must be completed.

    Please refer to: Flathead County Floodplain and Floodway Management Regulations, Floodplain Information

  • Question: Where do I get flood insurance?
  • Answer:

    floodsmart.gov is an excellent resource for flood insurance information.

  • Question: What permits do I need to build my structure?
  • Answer:

    Flathead County does not have a building department, therefore; a building permit is not required for single-family structures located outside of the incorporated cities.  The State of Montana requires a building permit for commercial structures and multi-dwelling unit structures.  A floodplain development permit is required for the development of structures within the 100-year floodplain. A work permit is required for the development of structures within the Lakeshore Protection Zone.

    Please refer to: State of Montana Bureau of Building and Measurement Standards, Flathead County Lakeshore Protection Regulations, Floodplain Information

  • Question: Where can I find records of CCR?s or easements applicable to my property?
  • Answer:

    Typically, these records can be found through a title company or the Flathead County Clerk and Recorder Office.

    Please refer to: Flathead County Clerk and Recorder Office

  • Question: Where can I get a copy of a map?
  • Answer:

    Custom and standard maps can be purchased from the Flathead County GIS Department.

    Please refer to: Flathead County GIS Department

  • Question: Where does my setback start from?
  • Answer:

    Section 7.18.045 of the Flathead County Zoning Regulations define setback as the horizontal distance between the right-of-way or property line, whichever is closest, and the building line.

    If a required setback is 20 ft. then the building line (foundation and walls) must be 20 ft. from the right-of-way or property line, whichever is closest to the building line.  The eave of a building or roof line can encroach 2 ft. into the setback. Fences may be built to the property line.

    Please refer to: Flathead County Zoning Regulations  

  • Question: What is the process for creating condominiums?
  • Answer:

    Section 7.04.150 of the Flathead County Zoning Regulations define a condominium as ownership in common with others of a parcel of land and certain parts of a building together with individual ownership in fee of a particular unit or apartment. 

    The development of condominiums in a zoned area is allowed if they are identified as a permitted use or conditional use.  The development of condominiums in an unzoned area requires a subdivision application. After the condominiums have been constructed the developer is required to submit “unit ownership” documents to the Flathead County Clerk and Recorder Office.  

    Please refer to: Flathead County Subdivision Regulations, Montana State Law, Section 70-23-102, M.C.A.

  • Question: Why do I have City of Whitefish or City of Columbia Falls zoning when I am outside of their city limits?
  • Answer:

    In 2005, Flathead County entered into inter-local agreements with the City of Whitefish and the City of Columbia Falls .  These inter-local agreements created  planning jurisdictions for the City of Whitefish and the City of Columbia Falls that extend outside of the city limits.  Consequently, county lands within the planning jurisdictions are subject to City of Whitefish and the City of Columbia Falls zoning and subdivision regulations.

    Please refer to: Flathead County GIS Department.