State Airbnb laws2026 34 sources cited
Montana Short-Term Rental Laws & Hotel Tax (2026)
Short-term rentals are legal in Montana with a state tourist home license from $100 a year and an 8% lodging tax that Airbnb collects; cities add permits, and Bozeman bars new rentals of homes the host does not live in.4,5,12,13,15,32
From 32 official sources, 1 Airbnb help page and 1 news report. Not legal advice.
The short answer
Montana Airbnb Laws in Brief
- State license: a public accommodation (tourist home) license from the Department of Public Health and Human Services, $100 a year for up to 10 rooms, renewed by December 31.
- Lodging tax: 8% (4% use plus 4% sales) on stays under 30 nights, collected by Airbnb; resort tax adds 3% in Whitefish and Columbia Falls and 4% in Big Sky.
- City permits: Whitefish ($400 a year, five zoning districts), Bozeman (host lives there 70% of the year), Missoula, Billings, Kalispell and Livingston each issue a local permit.
- Penalties: a state civil penalty of up to $500; Whitefish and Billings fine $300 for a first violation and up to $500 a day after that.
At a glance
Montana Short-Term Rental Laws at a Glance
- State license required
- Yes
- Latest rule change
- Oct 1, 2026
The laws in brief
The rules a Montana host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.
| Topic | Rule |
|---|---|
| Permit | State license for every rental home4,12 |
| Who can host | What counts as a tourist home3 |
| Where | Cities may regulate short-term rentals7 |
| Minimum stay | Stays of 30 nights or more are exempt from the state tax11,33 |
| Listing display | Whitefish: registration number on every listing8 |
| Platforms | Airbnb collects the state tax2,33 |
Your home
Can You Host an Airbnb in Montana? It Depends on the Home
Whether you can host in Montana turns on whose home it is and whether you live there.
A whole home you do not live in (second home or investment)
Allowed with conditionsThe state license applies to a home not occupied by an owner or manager. Bozeman has banned new rentals of this kind since December 14, 2023, and Whitefish allows them only in five zoning districts; Missoula, Billings, Kalispell and Livingston issue permits for them.3,9,19,21,22,24,26
Permit
Do You Need a License for Airbnb in Montana?
Yes. Montana hosts need the Montana public accommodation license from the Montana Department of Public Health and Human Services, validated by the county or city-county health department. It costs $100.4,5,12,13,15,32
- Who needs it
- Anyone operating a tourist home (a home not occupied by an owner or manager and rented in its entirety to transient guests), a hotel, a bed and breakfast or another public accommodation in Montana. A separate license covers each establishment.4,5,12,13,15,32
- Issued by
- Montana Department of Public Health and Human Services, validated by the county or city-county health department
- Valid for
- Licenses run on the calendar year and expire every December 31; the renewal fee is due by then to avoid a $25 late fee. A license covers only the premises and owner or operator named on it.
- Processing
- Varies by county; Ravalli County estimates 30 to 60 days for the whole process.
- On listings
- No number needed on listings
- Platform checks
- The state does not ask platforms to check the license number. Several cities do: Bozeman requires platforms to list the active permit number and report bookings quarterly, Missoula requires platforms to collect and confirm each registration number, and Whitefish requires its registration number on any listing.
Fees
| Fee | Amount |
|---|---|
| State license, up to 10 roomsInitial and renewal fee for an establishment with no more than 10 rooms available for rental; a tourist home counts its bedrooms. | $100 |
| State license, 11 to 25 roomsInitial and renewal fee for an establishment with more than 10 but not more than 25 rooms. | $175 |
| State license, more than 25 roomsInitial and renewal fee for an establishment with more than 25 rooms. | $250 |
| Late renewal feeAdded when a renewal is not paid by December 31; a license unpaid within three months of expiring is canceled. Online payments carry a 7.5% transaction fee. | $25 |
| County plan review with inspection (Ravalli County example), up to 10 roomsCounty health departments set their own plan review and inspection fees on top of the state license; Ravalli County charges $150 for 1 to 10 rooms. | $150 |
Who qualifies
- The local health officer or sanitarian in the county validates the application and inspects the home before the state issues the license
- New construction or a remodel needs plan review approval and a pre-opening inspection first
- A change of owner or operator needs a new license application
- Many cities also require their own short-term rental permit, zoning approval and fire inspection (Whitefish, Bozeman, Missoula, Billings, Kalispell, Livingston, Columbia Falls)
How to apply
- Check the zoning and any city or county short-term rental permit for the property before applying.
- Contact the county or city-county health department for the plan review and license application; the state does not accept applications directly from hosts.
- Pass the health department inspection (and any city fire inspection) and pay the license fee; the local health officer or sanitarian validates the application and the state issues the license.
- Register with the Montana Department of Revenue for a lodging facility sales and use tax account (a seller's permit) through the TransAction Portal if you take bookings outside Airbnb.
- Renew each year before December 31 through the invoice mailed after October 1.
Applications go through the official application page .
Permit rules
- State license for every rental home
- A person operating a hotel, bed and breakfast, tourist home or similar establishment must get a license from the state health department each year, and the department names Airbnb and Vrbo rentals as tourist homes.4,12
- License fee: $100 to $250 a year
- The annual state license costs $100 for up to 10 rooms, $175 for 11 to 25 rooms and $250 for more than 25 rooms; the same amounts apply to the first license and to each renewal.5,14
- Licenses expire every December 31
- State licenses expire on December 31 each year and the renewal is due by then; a renewal paid late adds a $25 fee and an unpaid license is canceled after three months.13
- County health officer validates the license
- The local health officer or county sanitarian validates each application before the state issues the license, so the process runs through the county or city-county health department.4,15
- Airbnb collects the state tax
- A short-term rental marketplace must register with the Department of Revenue and collect, report and pay the lodging taxes on each booking it facilitates.2,33
- Whitefish: $400 a year and an annual fire inspection
- A Whitefish short-term rental permit costs $400 a year, the property needs an annual fire inspection, and the owner reports and remits the 3% resort tax every month.19 Applies to: Whitefish
- Whitefish: registration number on every listing
- Whitefish requires the city registration number and the hosting site property ID on any listing or other place where the rental is marketed or booked.8 Applies to: Whitefish
- Bozeman: platforms must show the permit number
- Since August 11, 2023, hosting platforms must list the active Bozeman permit number on every listing and send the city a quarterly report of bookings.21 Applies to: Bozeman · In force since August 11, 2023
- Missoula: registration of $693, renewal $257
- Missoula requires a short-term rental registration for a whole dwelling rented under 28 days; under the fee schedule effective October 1, 2026, a new registration costs $693 and a renewal $257, due each January 31.22,23 Applies to: Missoula · In force since October 1, 2026
- Billings: city permit and business license
- Billings requires both a short-term rental permit and a city business license for residential rentals under 30 days, and both renew every year.24 Applies to: Billings
- Livingston: annual permit and safety inspection
- Livingston's zoning chapter, adopted December 2, 2025, requires every short-term rental operator to hold a city permit renewed each year and to pass a basic safety inspection before the first permit.9 Applies to: Livingston
Who can host
What Montana Cities and Counties Can and Can't Regulate
- What counts as a tourist home
- State law defines a tourist home as a private home or condominium that is not occupied by an owner or manager and is rented in its entirety to transient guests by the day or week.3
- Cities may regulate short-term rentals
- State law recognizes that municipalities can regulate short-term rentals, so zoning, permits and limits differ from town to town.7
- Gallatin County: zoning decides outside cities
- In Gallatin County's zoned districts a rental is allowed only if the district's regulation mentions it; unzoned areas have no county zoning limit on rentals.16 Applies to: Gallatin County outside cities
- Whitefish: five zoning districts only
- Whitefish allows short-term rentals only in the WB-3, WRR-1, WRR-2, WRB-1 and WRB-2 zoning districts and requires a permit and business registration first.19 Applies to: Whitefish
- Bozeman: new hosts must live in the home
- To qualify for a new Bozeman short-term rental permit, the host must occupy the dwelling as their primary residence, meaning they live there at least 70% of the calendar year.21 Applies to: Bozeman · In force since December 14, 2023
- Bozeman: no new whole-home rentals by absent owners
- Bozeman has prohibited new Type 3 rentals (an entire home that is not owner-occupied) since December 14, 2023; only legacy permits that stay valid and are not transferred on sale may continue.21 Applies to: Bozeman · In force since December 14, 2023
Local rules
Local Rules in Montana's 8 Largest Airbnb Markets
A state license doesn't replace local rules. Cities and counties still set registration, occupancy, parking and safety requirements. These are Montana's largest markets by active Airbnb listings, with the share of each market's listings that display a registration or license number.
1. Big Sky
Gallatin County
Big Sky follows Gallatin County zoning, where short-term rentals are a permitted use in the Gallatin Canyon/Big Sky districts, and hosts need the state license through the Gallatin City-County Health Department. Guests pay the 8% state lodging tax and a 4% resort tax, both collected by Airbnb, and owners register annually with the Big Sky Resort Area District.16,17,18,33
- State public accommodation license through the county health department
- Gallatin Canyon/Big Sky zoning lists short-term rental as a permitted use in its listed residential and commercial sub-districts
- Resort tax 4% on top of the 8% state tax, 12% in all; Airbnb collects both
- Annual registration with the Big Sky Resort Area District
2. Whitefish
Flathead County
Whitefish allows short-term rentals only in five zoning districts and requires a $400-a-year permit with business registration, an annual fire inspection and a state tourist home license application. Hosts remit the city's 3% resort tax monthly, and a violation is fined $300 the first time and $500 each time after, with each day counted separately.8,19,20
- Allowed only in the WB-3, WRR-1, WRR-2, WRB-1 and WRB-2 zoning districts
- Permit and business registration, $400 a year; annual fire inspection
- City registration number must appear on every listing
- Resort tax 3%, reported and remitted by the host monthly
3. Bozeman
Gallatin County
Bozeman requires a city permit and, for new permits, that the host live in the home at least 70% of the year; new rentals of homes the host does not occupy have been banned since December 14, 2023. Since February 1, 2026 the RA zoning district allows only Type 1 rentals (a room with the host present).21
- Primary residence 70% of the year for new Type 1 and Type 2 permits
- No new Type 3 (absent-owner whole-home) rentals since December 14, 2023; legacy permits end on sale or lapse
- Annual registration fee $325; fire inspection every three years
- State public accommodation license and Department of Revenue account required for the permit
4. Columbia Falls
Flathead County
Columbia Falls allows vacation rentals by right in its commercial zones and with an administrative conditional use permit in residential zones. Operators also need the state license, pass health and fire inspections and remit the city's 3% resort tax quarterly; a single permit process is planned for January 2027.27,28,29,34
- Permitted by right in CB commercial zones; administrative conditional use permit in residential zones
- Residential permit fee $325 ($500 if already operating), city inspection $75, business registration $40
- State public accommodation license and Department of Revenue registration required
- Resort tax 3%, remitted by the host quarterly
5. Missoula
Missoula County
Missoula requires a short-term rental registration for a whole dwelling rented under 28 days, with a business license renewed each January 31. A new registration costs $693 and a renewal $257 under the fee schedule effective October 1, 2026, and rentals of a room with the host present are exempt.22,23
- Registration for Type 1 (not owner-occupied) and Type 2 (host away) rentals; Type 3 shared space with host present is exempt
- New registration $693, renewal $257, notification letter $26 from October 1, 2026
- One Type 1 or Type 2 unit per residential parcel; at most two Type 1 and one Type 2 per owner
- Platforms must collect and confirm the city registration number
6. Kalispell
Flathead County
Kalispell issues a short term residential rental permit for $174 a unit after a life-safety inspection and 150-foot neighbor notice with a 15-day comment period. Applicants attach the Flathead City-County Health Department license or receipt and name a local contact available around the clock.26
- Application fee $174 per unit, plus 3% if paid by credit card
- Life-safety inspection by the Planning Department before approval
- Neighbors within 150 feet are notified and have 15 days to comment
- Local contact available 24 hours a day, seven days a week
7. Billings
Yellowstone County
Billings requires both a short-term rental permit and a city business license for rentals under 30 days, each renewed annually, and a local contact who is a person rather than a company. A February 2025 city notice put the first-year cost at $300 for the permit and $55 for the license.24,25
- City short-term rental permit and business license, both renewed annually
- February 2025 fees: permit $300, business license $55
- Local contact reachable 24 hours a day; two guests per bedroom at most
- Fine: $300 first offense, up to $500 each additional day
8. Livingston
Park County
Livingston's zoning chapter, adopted December 2, 2025, requires every short-term rental operator to hold a city permit renewed each year and to pass a basic safety inspection before the first permit. Non-owner-occupied (Type II) rentals need a designated contact within 50 miles.9
- Annual city short-term rental permit with a base fee set by the city fee schedule
- Safety inspection (smoke detectors, fire extinguishers, egress) before the first permit
- Type II (non-owner-occupied) rentals name a contact within 50 miles
- Operating without a permit is a code violation
Taxes
Montana Short-Term Rental Taxes
8% statewide on the nightly price, cleaning fee and platform fees for stays under 30 nights; resort tax raises it to 11% in Whitefish and Columbia Falls and 12% in Big Sky.
| Tax | Rate | Collected by |
|---|---|---|
| Lodging facility use tax 4% of the total amount paid, including cleaning and guest fees, for stays of 29 days or shorter | 4%11,33 | Airbnb |
| Lodging facility sales tax 4% of the total amount paid, including cleaning and guest fees, for stays of 29 days or shorter | 4%11,33 | Airbnb |
| Big Sky resort tax 4% of the listing price including cleaning and guest fees, inside the Big Sky Resort Area District, for stays of 30 nights and shorter | 4%17,33 | Airbnb |
| Whitefish resort tax 3% of the retail sale of lodging inside Whitefish; the host reports and remits it monthly | 3%19,20 | Host |
| Columbia Falls resort tax 3% of the retail value of lodging sold inside Columbia Falls; the host remits it quarterly | 3%28,29 | Host |
What the host still handles
- A lodging facility sales and use tax account (seller's permit) with the Montana Department of Revenue through the TransAction Portal, for bookings made outside Airbnb or another collecting platform; Bozeman and Whitefish ask for proof of it with the city permit
- Quarterly lodging tax returns, due April 30, July 31, October 31 and January 31
- Whitefish resort tax account with the city, with monthly reports
- Columbia Falls resort tax account with the city, with quarterly reports
- Annual business registration with the Big Sky Resort Area District, even when Airbnb collects the resort tax
- A city business license where required (for example Whitefish, Missoula and Billings)11,17,19,20,28,29,33
Operating rules
Operating Rules for Montana Short-Term Rentals
- 8% lodging tax on stays under 30 nights
- Montana charges a combined 8% lodging facility sales and use tax (4% use, 4% sales) on the total amount a guest pays, which includes cleaning and platform fees.1,11
- Stays of 30 nights or more are exempt from the state tax
- A unit rented to the same guest for 30 continuous days or more is exempt from the state lodging tax, so the tax applies to stays of 29 nights or fewer.11,33
- Seller's permit with the Department of Revenue
- Each lodging accommodation that must collect and remit the lodging taxes applies for a seller's permit before doing business, and quarterly returns are due on the last day of the month after each quarter.11
- State civil penalty up to $500
- An establishment that violates the state public accommodation law or the department's rules faces a civil penalty of up to $500, and a court can also order compliance.6
- Property tax: 1.90% flat rate on short-term rentals
- For tax year 2026 Montana taxes short-term rentals and second homes at a flat 1.90% of market value, while primary residences and long-term rentals pay tiered rates from 0.76%.30 In force since January 2026
Fines
How to Avoid Airbnb Fines in Montana
Fines in Montana fall on hosting without the Montana public accommodation license, or outside the rules above. With it in hand and the rules followed, none of the fines below apply.
- State public accommodation law: a civil penalty of up to $500 for an establishment that violates the chapter or the department's rules, plus court injunctions.6
- Whitefish: $300 for a first violation and $500 for each later violation, with each day a separate violation; the city may instead charge a misdemeanor.8
- Billings: renting without the city business license and short-term rental permit is a municipal infraction; the first offense is $300 and each additional day is a new violation of up to $500.24
- Bozeman: operating an unregistered short-term rental is a misdemeanor offense, punishable by fines, imprisonment and civil penalties under the municipal code.21
Changes
What's Changed in Montana's Airbnb Rules, and What's Next
One change is scheduled after October 20, 2026; the most recent rules are listed first.
- January 2027 ProposedColumbia Falls plans one short-term rental permit
Columbia Falls is drafting an ordinance that would replace its zoning-based permits with one permit process for every short-term rental, which the city expects to take effect in January 2027.34
- October 1, 2026Missoula fee schedule for fiscal year 2027
Missoula's fee schedule effective October 1, 2026 sets a new short-term rental registration at $693, renewal at $257 and the notification letter at $26.23
- February 1, 2026Bozeman's new zoning code limits the RA district to Type 1 rentals
Bozeman's updated Unified Development Code merged the RS, R1 and R2 districts into a new RA district where only Type 1 rentals (a room in the host's own home, host present) are allowed.21
- January 2026Property tax rate of 1.90% on short-term rentals
Montana's 2026 property tax structure taxes short-term rentals and second homes at a flat 1.90%, while primary residences and long-term rentals pay tiered rates from 0.76%.30
- December 2, 2025Livingston adopts a short-term rental permit
Livingston's rewritten zoning chapter, adopted December 2, 2025, requires an annual short-term rental permit and a basic safety inspection for new permits.9
- May 13, 2025
- December 14, 2023Bozeman bans new non-owner-occupied rentals
Ordinance 2149 prohibits new Type 3 rentals in Bozeman; compliant rentals with an active permit on that date continue as legacy rentals until the permit lapses or the property is sold.21
- August 11, 2023Bozeman platform obligations take effect
Bozeman requires hosting platforms to list the active permit number on every listing and to send the city a quarterly report of bookings.21
Listing data
What Montana's Listings Show
What officials report
- 300
- Billings rentals found without a city permit or business license · as of February 2025In February 2025 the City of Billings identified more than 300 short-term rental properties operating without the required permit and business license and announced courtesy letters giving owners 60 days to comply.24
Earnings
What Could a Short-Term Rental in Montana Earn?
The rules shape the numbers: a license that costs $100 a year and taxes of 8% that Airbnb adds to guests' bills. For a specific address, the Airbnb profit calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.
FAQ
Montana Short-Term Rental Laws: Frequently Asked Questions
Is Airbnb legal in Montana?
Do I need a permit or license for Airbnb in Montana?
How much is the Montana short-term rental license?
Can I rent a home I don't live in?
Does Airbnb collect hotel or lodging tax in Montana?
What is the total lodging tax on an Airbnb stay in Montana?
What is the fine for an illegal short-term rental in Montana?
Is there a limit on how many nights I can host?
Can my city restrict short-term rentals?
Do I need to register with the Montana Department of Revenue?
Each lodging accommodation that must collect the tax applies for a seller's permit. Kalispell does not ask for extra documents if a host books only through Airbnb, but Bozeman wants the Department of Revenue account number on the city permit, and bookings outside Airbnb are the host's to tax.11,21,26
Do I need to show a permit number on my Airbnb listing?
Are property taxes higher for short-term rentals in Montana?
Yes. For tax year 2026 short-term rentals and second homes pay a flat 1.90% of market value, while primary residences and long-term rentals pay tiered rates starting at 0.76%.30
Method
How These Rules Were Checked
Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out. The Bozeman short-term rental page, the Whitefish city code and the FTC fee-rule FAQ were read from Internet Archive copies (September 2026, January 2025 and September 2026); the Bozeman page was also read live in a browser.
Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the state agency and your city or county has the final word on any application.
Sources
Sources
Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.
- 1. 15-68-101. Definitions, MCA · Montana Legislature
- 2. 15-68-111. Short-term rental marketplace registration -- collection of tax, MCA · Montana Legislature
- 3. 50-51-102. Definitions, MCA · Montana Legislature
- 4. 50-51-201. License required, MCA · Montana Legislature
- 5. 50-51-204. License fee -- late fee, MCA · Montana Legislature
- 6. 50-51-401. Civil penalties -- injunctions not barred, MCA · Montana Legislature
- 7. 76-2-345. Accessory dwelling units -- regulations -- restrictions, MCA · Montana Legislature
- 8. 11-3-35: Short-Term Rental Standards, Whitefish City Code · City of Whitefish
- 9. Municipal Code Chapter 30: Zoning (adopted December 2, 2025) · City of Livingston
- 10. 16 CFR Part 464 - Rule on Unfair or Deceptive Fees · Electronic Code of Federal Regulations
- 11. Lodging Facility Sales and Use Tax · Montana Department of Revenue
- 12. Public Accommodations · Montana Department of Public Health and Human Services
- 13. License Renewal · Montana Department of Public Health and Human Services
- 14. Licensed Establishment Fee Increases (House Bill 853) · Montana Department of Public Health and Human Services
- 15. Public Accommodation License Application (April 2023 form) · Montana Department of Public Health and Human Services
- 16. Short-Term Rental FAQs · Gallatin County Planning and Community Development
- 17. Collections · Big Sky Resort Area District
- 18. Lodging & Short-Term Rental FAQ · Big Sky Resort Area District
- 19. Short-Term Rental · City of Whitefish
- 20. Resort Tax · City of Whitefish
- 21. Short Term Rentals · City of Bozeman Community Development
- 22. Short Term Rental Registration · City of Missoula
- 23. Business License & Registration Fee Schedule (effective October 1, 2026) · City of Missoula
- 24. City asking short-term rental owners come into compliance, 300+ properties without proper permits · City of Billings
- 25. Short Term Rental Permit Application 2025 · City of Billings and Yellowstone County
- 26. Application for Short Term Residential Rental (New) · City of Kalispell Development Services
- 27. Short-Term Rentals · City of Columbia Falls
- 28. Short Term Rental Checklist · City of Columbia Falls
- 29. Resort Tax · City of Columbia Falls
- 30. 2026 Tax Information for Montana Property Owners · Montana Department of Revenue
- 31. The Rule on Unfair or Deceptive Fees: Frequently Asked Questions · Federal Trade Commission
- 32. Public Accommodations Plan Review · Ravalli County Environmental Health
- 33. Occupancy tax collection and remittance by Airbnb in Montana · Airbnb Help Center
- 34. Columbia Falls City Council Gets First Look at Short-term Rental Policy Framework · Flathead Beacon