Environmental Health

Click here to request a copy of an existing Septic Permit or Montana DEQ Approval. Lori Kane will fill requests in the order in which they are received Monday-Thursday.

To conduct your own Septic Permit / DEQ Approval search, you may utilize the ImageSilo program available on the Public computer in the Clerk and Recorder’s office in the County Administration building at 17 W 11th Street in Red Lodge; you should come prepared with the Certificate of Survey / Plat number for the property you are researching.  (Montana Cadastral is an excellent source for detailed property information).

If you are an Engineer, Septic Installer, or Realtor anticipating needing frequent, remote access to searches, you may send a request for access credentials to Lori Kane.

In order to get a Septic Permit in Carbon County, there are a few items you must have addressed first: Carbon County Development Permit from the Planning Department, Carbon County Road Department Road Approach Permit, Rural Address Assignment from Carbon County Disaster and Emergency Services, a Floodplain Permit from the Carbon County Floodplain Administrator (if necessary), and approval from Montana Sage Grouse Habitat Preservation Program (see process guide here). For more information contact the individual Department you are requesting additional information from.

Only once the above-mentioned permits have been obtained, you are ready to apply for a Septic Construction Authorization enroute to a Septic Permit. Please be aware that acquiring a Septic Construction Authorization after you have submitted your application may take anywhere from a month to a year or more depending on the complexity of your parcel.  In order to get an initial Construction Authorization and subsequent Permit for a septic system in Carbon County, you must first have an approval statement issued by either the Montana Department of Environmental Quality (DEQ) or by Carbon County.

If your property is less than 20 acres (not counting county road frontage), it likely needs to have a Certificate of Subdivision Approval (aka “COSA”) from Montana Department of Environmental Quality (DEQ). This document designates the approved water and wastewater facilities and number and type of structures for the property. It is the responsibility of the developer or current owner to provide copies of these documents to purchasers. You can search Carbon County archives for the DEQ approval (here), for a nominal fee. If the property has not been issued an approval statement by DEQ you will need to hire a consultant to submit an application to DEQ for approval before a Carbon County septic permit can be applied for. Please know the application process through DEQ is a time intensive process (currently around 6-8 months if no hurdles). Once DEQ issues an COSA, an application to the County must be submitted in order to receive a Septic Construction Authorization to install the system.  Once it is successfully inspected, a Permit to Operate the septic system is issued. To contact a consultant that can submit the application on your behalf and answer any questions you have, please see this (list). You may also reach DEQ at 406-444-4400.

If your property is greater than 20 acres (not counting county road frontage) you do not need Montana DEQ approval and need only a sanitary approval (Construction Authorization) issued by Carbon County. All properties greater than 20 acres have sanitary restrictions that must be lifted by obtaining a Carbon County Construction Authorization before any water or wastewater facilities can be constructed. Unless the developer or current owner can provide documentation of a local Carbon County septic permit, an authorized consultant will need to submit plans for water and wastewater approval to Carbon County on your behalf. The data required for an approval can be seen (here) along with the associated (fee schedule). To contact a consultant that can submit the application on your behalf and answer any questions you have, please see this (list). Please know that only systems (including gray water disposal) that are designed by an authorized consultant and approved by Carbon County are allowed. Holding tanks, outhouses, permanent porta-potties, etc. are not allowed in Carbon County.

When a property has an appropriate DEQ approval statement (if necessary), as well as all other required county permits (listed in the first paragraph above), a Carbon County Septic Application can be submitted (here).  Be prepared to upload a detailed Lot Layout / Site Plan (example found here). It is advised to not drill your potable well until you have received a Septic Construction Authorization since the well location may affect septic permitting. Septic Permit applications are reviewed in the order which they are received. Please allow 45 days for your application to be reviewed and a Construction Authorization to be mailed to you. Completed Construction Authorization documents will be sent to the email address provided in the application. Do not begin construction without a valid Carbon County Septic Construction Authorization form in your possession.  You must provide a hardcopy to your Carbon County licensed installer to have on-site during installation.  The Installer must call at least 48 hours prior to installation completion to request an inspection. Upon successful and compliant septic system inspection, a Carbon County Septic Permit will be emailed to the address supplied in the application. It should be kept with other important permanent records for your property.

• Carbon County Development Process Guide
• Qualified Site-Evaluator Consultant List
• Carbon County Licensed Septic Installers
• Septic Application (for new systems and replacements/repairs)
• Fee Schedule
• Copy Request for Existing Septic Permit / DEQ COSA Approval
• Montana Standards for Subsurface Wastewater Systems (Circular DEQ-4)
• Montana Standards for Nonpublic Water Systems (Circular DEQ-20)
• Administrative Rules of Montana: Environmental Quality 17.36
• Carbon County On-Site Wastewater Rules/Regulations
• Montana Department of Environmental Quality
• Homeowner Guide to Septic System Care
• DNRC Grant for Septic Tank Replacement
• Well Disinfecting
• Search GWIC Wells Data

Information for Site Evaluators/Engineers

• Greater than 20 Acres – Engineering Requirements
• Intent to Ground Water Monitor (Engineers are requested to contact Environmental Health prior to digging Soil Test Pit to determine whether Ground Water Monitoring will be required).

Information for Septic Installers

Carbon County requires that all Installers obtain a license through our Environmental Health Department and renew annually. Due to permitting regulations/requirements that are unique to Carbon County, we do not offer reciprocity for Septic Installer licenses issued by other counties.  Carbon County Environmental Health conducts an annual Septic Installer Training for new and renewal licensing.  Training is typically on a weekday in February. If you would like to be added to our distribution list for Septic Installer communications, please contact Lori Kane.

Instructions: Complete this form if you would like to file a complaint about a possible land use violation in Carbon County. Submitting this form will reach all relevant departments such as Planning, Sheriff, and Environmental Health.  Complaints may not be submitted anonymously. Please provide as much detail as possible to include photos and property legal description.  Carbon County will investigate the complaint to determine if a violation of any County regulations is taking place. If necessary, the party in violation will be given the opportunity to correct the problem and come into compliance with any regulations in question. If necessary, the matter will be forwarded to the County Attorney for possible prosecution.

Retail food establishments encompass a variety of businesses such as full-service restaurants, fast food, and mobile food trucks. This page provides details on the 2013 Food Code, regulations, and legislation pertinent to retail food establishments. Additionally, it offers resources and advice on topics including health standards, disinfection protocols, pet regulations, emergency procedures, mobile food setups, and more. If you’re considering launching a retail food establishment, we encourage you to get in touch for further assistance.

In most instances Wholesale Plan Reviews are done at DPHHS submitted through your County Environmental Health Department.

Retail Food Establishment:

“Retail food establishment” means an operation, whether mobile or at a temporary or stationary facility or location, that meets one or more of the conditions in subsections (21)(a)(i) and (21)(a)(ii) and that may include a central processing facility that supplies a transportation vehicle or a vending location or satellite feeding location. MCA 50-50-102

Carbon County Retail Food Plan Review

Wholesale Food:

“Wholesale” means the sale or provision of food to a retail food establishment or to another person engaged in retail sales who sells or provides the food directly to the consumer. (MCA 50-57-102). In other words, wholesaling is food sold or distributed to retailers.

Wholesale Food Review Form

Regulations

How are food regulations established?

State law empowers the Department of Public Health and Human Services to enact administrative rules (referred to as ARMs) to oversee food safety statewide. These ARMs, aligned with federal model food code standards, are currently in effect and were adopted on January 1, 2015. Below, you will find links to the relevant state laws (MCAs), ARMs, and the 2013 Food Code.

• Montana Code Annotated (MCA)
• Administrative Rules of Montana
• 2013 FDA Model Food Code

Montana DPHHS Retail Food Establishments: https://dphhs.mt.gov/publichealth/ehfs/RetailFood/index

Plan Review Fees:

How much are plan reviews?

-Plan reviews are $180 for Small Licensed Establishments (fewer than two employees on each shift) and $250 for Large Licensed Establishments (more than two employees on each shift).

Why is the plan review and license fee separate?

-Establishments are licensed by DPHHS, but the review and preopening inspection are completed by Carbon County. Therefore, the fee for the review and preopening inspection goes to Carbon County. Once the preopening inspection is complete and the establishment is approved to open, the license fee must be paid to DPHHS (collected at time of license by Carbon County Environmental Health). A portion of the annual license fee covers DPHHS operational costs, while the rest is reimbursed to Carbon County upon completion of the annual inspection.

Where do I get the plan review application?

-You can find it here: Carbon County Plan Review for Food

Additionally, you can visit our office at 17 W 11^th St in Red Lodge and we can give you a paper copy. You can also email Jesse Gutierrez at jgutierrez@co.carbon.mt.us.

What is the difference between wholesale and retail?

-The difference between wholesale and retail comes down to distribution. If you are planning on serving food only to the end consumer, you are a retailer. If you are making products to sell to other businesses to sell for you, you are a wholesaler. If you are doing both, you need both licenses.

Why is plan review required?

-Plan review is just what it sounds like—a plan. Through this process, you will ensure you have everything you need to operate safely, ensure nothing has been forgotten, and review logistics. For us, it’s a tool and a service we provide to you. When you turn in your application, we look at whether you have the equipment you need to make the menu items you want to offer. Then we look at how the equipment, sinks, hoods, and other spaces work in the facility. Is there ventilation where it needs to be? Are the hand sinks in the right places so that crucial hand washes aren’t missed? Is there enough storage space? Have you located everything so that dirty tasks do not influence food prep areas of the kitchen? The plan review process allows us to interact with you early, develop a relationship, give you pointers, and make sure the facility supports your plan to avoid costly changes.

Can I use my 3-compartment sink for handwashing? Do I need a 3-compartment sink if I have a dishwasher?

-All Retail Food Establishments and Wholesale Food Establishments must have an air-gapped 3-compartment sink for warewashing. A 3-compartment sink is still required even if you have a dishwasher. If the dishwasher breaks, the 3-compartment sink ensures you can still properly clean and sanitizer your dishes.

You must have a designated handwashing sink in all food prep, service, and dishwashing areas. Three-compartment sinks, prep sinks, and dump sinks cannot be used for handwashing. This ensures a handwashing sink is always available and not being used for other purposes.

Are licenses transferable?

-No, they are not transferable. Licenses are specific to an owner and location. If there is a change of ownership or the business moves to a new location, a new license must be obtained. A plan review is required to obtain the new license.

What are the basic requirements for a commercial kitchen?

Determining the ideal kitchen setup is a complex challenge, as there is no universal design that fits all needs. Kitchen requirements can vary greatly depending on the menu, scale of operations, and anticipated food volume. Different cooking processes and menu items necessitate specialized equipment, which in turn dictates the plumbing, ventilation, and spatial needs. Furthermore, certain cooking methods may require less equipment, sinks, and square footage than others. However, we can provide you with a basic framework to start planning your customized kitchen layout.

All kitchens need the following:

• Hand sinks in all food preparation, service, and dishwashing areas.
• An air gapped three-compartment sink.
• Adequate mechanical refrigeration or freezer space.
• Commercial cooking and preparation equipment to support the menu proposed.
• Adequate ventilation for heat producing pieces of equipment.
• Floors, walls, ceilings, and food prep surfaces that are smooth, cleanable, durable and non-absorbent.
• An air gapped food prep sink if fruits and vegetables need to be washed, or food needs to be rinsed, drained, or thawed or cooled using cool water.

What is a servicing area?

An operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and restocking food and supplies.

What is a TCS food?

This is a food that requires temperature controls to limit pathogenic microorganism growth or toxin growth. Refer to the FDA Food Code for the complete definition.

Can I operate my food truck in Carbon County if I’m licensed in another Montana county?

As a Food Truck Operator, you have statewide licensing in Montana. This means that you can operate your food truck in Carbon County even if it is licensed in another county.  Conversely, you can also operate your Carbon County licensed food truck in other Montana counties.

However, it is important to note that while your state license allows you operate across Montana, you should always check with each county or local jurisdiction to determine if there are any additional requirements or fees.

–MT Rules for Retail Food Establishments

–2013 FDA Food Code

–Mobile Food Guidelines

Guidelines for operating a Mobile Food Unit

The steps that you need to take:

1. Before purchasing any equipment or materials, thoroughly review the plan review materials, develop your complete plan on paper, and obtain approval. We would be happy to meet with you to discuss your project and design. Please call Jesse Gutierrez at 406-446-1694 or email jgutierrez@co.carbon.mt.us to schedule an appointment.
2. Submit the required plan review information along with the appropriate plan review fee payable to Carbon County Environmental Health.
   • Carbon County Mobile Plan Review (DOC)
   • Carbon County Mobile Plan Review (PDF)

$180 for 1-2 Employees and $250 more than 2 employees.  Make Checks payable to CCT (Carbon County Treasurer) or Cash/CC/Check in-person at 17 W. 11 St in Red Lodge.

3. Once the construction plans have been approved, commence the building or remodeling work. Upon completion of the project, schedule an inspection and obtain the necessary licensing approval.

Plans submitted for review must include the following:

1. The proposed menu. Limited water and wastewater capacity will restrict menu options for mobile units. Adding an approved servicing area can expand your options.
2. Plans that are a minimum of 11 x 14 inches, including an accurately scaled (1/4 inch = 1 foot) floor plan layout.
3. The location and common names of all food equipment, including drawings of self-service hot and cold holding units with sneeze guards. Provide a food equipment schedule with manufacturer and model numbers, as well as specification sheets, to expedite the review process.
4. A conveniently located handwashing sink within the mobile unit, supplied with hot and cold running water, soap, and paper towels.
5. A 3-compartment sink for utensil washing, with compartments large enough for the largest utensil, either within the unit or at an approved servicing area.
6. Provide a detailed plumbing schedule that includes the location of water supply lines, the type and capacity of hot water generating equipment along with its recovery rate, backflow prevention measures, and the connections for wastewater lines. Ensure all food equipment with wastewater lines has an indirect connection to the sewer system.

Servicing Area

1. Licensed kitchens are often required to support mobile food operations, providing a designated servicing area. However, if the mobile unit is completely self-contained, a separate servicing area may not be necessary.
2. All shared kitchens require our prior approval, which involves an operational review. If the facility is already at full capacity, we will not approve any additional use.
   • When using a shared kitchen, ensure the contract clearly outlines your permitted access times and the specific facilities you are authorized to use.
   • Home kitchens are not permitted as commercial food service areas. All food preparation and handling must be completely isolated from residential living spaces.

Water

1. Water Source: Water must be obtained from a licensed Public Water Supply.
2. Connections to fill water tanks must be from a drinking water quality hose that is protected from contamination

Wastewater

1. Storage Capacity: Wastewater tank must be 15% larger then the water storage tank.
2. A contract with a dumping station or septic hauler must be provided for your operation.

How much are plan reviews?

-Plan reviews are $180 for Small Licensed Establishments (fewer than two employees on each shift) and $250 for Large Licensed Establishments (more than two employees on each shift).

Why is the plan review and license fee separate?

-Establishments are licensed by DPHHS, but the review and preopening inspection are completed by Carbon County. Therefore, the fee for the review and preopening inspection goes to Carbon County. Once the preopening inspection is complete and the establishment is approved to open, the license fee must be paid to DPHHS (collected at time of license by Carbon County Environmental Health). A portion of the annual license fee covers DPHHS operational costs, while the rest is reimbursed to Carbon County upon completion of the annual inspection.

Where do I get the plan review application?

-You can find it here: Carbon County Plan Review for Food

Additionally, you can visit our office at 17 W 11^th St in Red Lodge and we can give you a paper copy. You can also email Jesse Gutierrez at jgutierrez@co.carbon.mt.us.

What is the difference between wholesale and retail?

-The difference between wholesale and retail comes down to distribution. If you are planning on serving food only to the end consumer, you are a retailer. If you are making products to sell to other businesses to sell for you, you are a wholesaler. If you are doing both, you need both licenses.

Why is plan review required?

-Plan review is just what it sounds like—a plan. Through this process, you will ensure you have everything you need to operate safely, ensure nothing has been forgotten, and review logistics. For us, it’s a tool and a service we provide to you. When you turn in your application, we look at whether you have the equipment you need to make the menu items you want to offer. Then we look at how the equipment, sinks, hoods, and other spaces work in the facility. Is there ventilation where it needs to be? Are the hand sinks in the right places so that crucial hand washes aren’t missed? Is there enough storage space? Have you located everything so that dirty tasks do not influence food prep areas of the kitchen? The plan review process allows us to interact with you early, develop a relationship, give you pointers, and make sure the facility supports your plan to avoid costly changes.

Can I use my 3-compartment sink for handwashing? Do I need a 3-compartment sink if I have a dishwasher?

-All Retail Food Establishments and Wholesale Food Establishments must have an air-gapped 3-compartment sink for warewashing. A 3-compartment sink is still required even if you have a dishwasher. If the dishwasher breaks, the 3-compartment sink ensures you can still properly clean and sanitizer your dishes.

You must have a designated handwashing sink in all food prep, service, and dishwashing areas. Three-compartment sinks, prep sinks, and dump sinks cannot be used for handwashing. This ensures a handwashing sink is always available and not being used for other purposes.

Are licenses transferable?

-No, they are not transferable. Licenses are specific to an owner and location. If there is a change of ownership or the business moves to a new location, a new license must be obtained. A plan review is required to obtain the new license.

What are the basic requirements for a commercial kitchen?

Determining the ideal kitchen setup is a complex challenge, as there is no universal design that fits all needs. Kitchen requirements can vary greatly depending on the menu, scale of operations, and anticipated food volume. Different cooking processes and menu items necessitate specialized equipment, which in turn dictates the plumbing, ventilation, and spatial needs. Furthermore, certain cooking methods may require less equipment, sinks, and square footage than others. However, we can provide you with a basic framework to start planning your customized kitchen layout.

All kitchens need the following:

• Hand sinks in all food preparation, service, and dishwashing areas.
• An air gapped three-compartment sink.
• Adequate mechanical refrigeration or freezer space.
• Commercial cooking and preparation equipment to support the menu proposed.
• Adequate ventilation for heat producing pieces of equipment.
• Floors, walls, ceilings, and food prep surfaces that are smooth, cleanable, durable and non-absorbent.
• An air gapped food prep sink if fruits and vegetables need to be washed, or food needs to be rinsed, drained, or thawed or cooled using cool water.

What is a servicing area?

An operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and restocking food and supplies.

What is a TCS food?

This is a food that requires temperature controls to limit pathogenic microorganism growth or toxin growth. Refer to the FDA Food Code for the complete definition.

Can I operate my food truck in Carbon County if I’m licensed in another Montana county?

As a Food Truck Operator, you have statewide licensing in Montana. This means that you can operate your food truck in Carbon County even if it is licensed in another county.  Conversely, you can also operate your Carbon County licensed food truck in other Montana counties.

However, it is important to note that while your state license allows you operate across Montana, you should always check with each county or local jurisdiction to determine if there are any additional requirements or fees.

Public accommodations encompass various establishments, including hotels, motels, bed and breakfasts, and short-term rentals like Airbnb and VRBO. This page offers details on rules, laws, and plan reviews relevant to public accommodations, along with information on addressing bed bugs and the Temporary Emergency Lodging Program.

Public Sleeping Accommodations Rules

• Web Version of 37.111.1 Public Sleeping Accommodations
• PDF Version of 37.111.1 Public Sleeping Accommodations
• FCS Circular 1-2016 – Standards for Nonpublic Water Supplies Serving Licensed Establishments

Statutes (Laws)

• Licensure & Regulation of Public Accommodation Establishments [50-51 MCA]

Bed and Breakfast Rules

• 111.3 Bed and Breakfast Establishments

Plan Review Forms

Public Accommodations Plan Review

Carbon County levies a fee for conducting plan reviews and inspections of public accommodations. Payment of all fees is typically collected during the inspection, unless arrangements are made with the Carbon County Environmental Health office beforehand. If paying at the time of inspection, plan review fees must be submitted in the form of a check or money order payable to CCT (Carbon County Treasurer).

At the time of inspection, Carbon County Environmental Health collects a fee for the State of Montana License fee which is $40 for an establishment with 1-10 rooms, $80 for 11-25 rooms, and $160 for more than 26 rooms.

Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 51. HOTELS, MOTELS, AND ROOMINGHOUSES

Part 2. Licensing

License Required

50-51-201. License required. (1) Except as provided in subsection (2), a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department.

(2) A guest ranch or an outfitting and guide facility that meets the definitions in 50-51-102 is not required to obtain a license under subsection (1).

(3) A separate license is required for each establishment. However, when more than one type of establishment is operated on the same premises and under the same management, only one license is required that must enumerate on the certificate the types of establishments licensed.

(4) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no local health officer, the sanitarian, in the county where the establishment is located.

-Prior to scheduling an inspection, a Plan Review must be submitted: Public Accommodations Plan Review

-If the property is not on a private well then, a copy of the septic permit must be accompanied with the Plan Review Application.  Requests for a copy of a septic permit can be requested here: Request of Existing Copy of Septic Permit

-Additionally if the property is on a private well then a well sample must also be submitted Coliform and Nitrate must be tested.  DPHHS requires that all private wells be tested for Coliform twice a year (April-June and again September-October). Nitrates must be tested every three years.

1. Fill out Public Accommodations Plan Review form and email to Jesse Gutierrez at jgutierrez@co.carbon.mt.us. Or drop it off at the Environmental Health Office at 17 W 11^th St in Red Lodge.
2. Once received, the Plan Review Application will be reviewed and typically within three business days you will be contacted to schedule an inspection.
3. Fees:
   • Plan Review Fee: $150. This is a one-time fee paid to Carbon County Treasurer (CCT) via check at time of inspection or in person via Cash/CC/Check at 17 W. 11^th St in Red Lodge.
   • State of Montana Public Accommodation License: $40. This fee must be submitted via check/money order. This is a yearly fee that is paid to MT DPHHS (Montana Dept. of Health and Human Services). After the initial payment is handed to Carbon County Environmental Health at the time of inspection, future years are paid directly to the State of Montana.
4. Inspection: An inspection of the property must be done prior to the issuance of a Public Accommodation License. After Inspection of the property, if no major deficiencies are found then you will be handed a Copy of the Public Accommodation License Application which will act as your License until you receive your Public Accommodation License in the mail.
   • Payment taken at time of inspection.
5. What is involved in a Tourist Home inspection? There are a number of public health issues addressed, including but not limited to:

• Is the home clean?
• Is there any sign of pest infestation (bed bugs, rodents, etc.), past or present?
• Where, when, and how is the laundry washed, dried and stored?
• Where, when, and how are the dishes washed and sanitized?
• When and how are kitchens and bathrooms cleaned and sanitized?
• Is the water coming out of the tap at least 100 ºF, but not over 120ºF?
• Is the wastewater system (sewer or septic) functioning properly?
• Is the water supply clean and safe?
• Where, when, and how is trash disposed, stored, collected, and those areas kept clean

1. Fill out Plan Review form here: Public Accommodations Plan Review.pdf and email to Jesse Gutierrez @ jgutierrez@co.carbon.mt.us or you can drop it off at Environmental Health Office at 17 W 11^th St Red Lodge.
2. Once Received Jesse will review the Plan Review Application and typically schedule an inspection with in three days of receiving the application.
3. Fees:
   • Plan Review Fee: $150. This is a one-time fee paid to CCT (Carbon County Treasurer) via check to the Sanitarian or in person at 17 W. 11^th St in Red Lodge
   • State of Montana Public Accommodation License: $40. This is a yearly fee that is paid MT DPHHS (Montana Dept. of Health and Human Services).  After the initial payment given to the Sanitarian future years are paid directly to the State of Montana.
   • Inspection: An inspection of the property must be done prior to the issuance of a Public Accommodation License. The License Application will serve as your license until the Public Accommodation License is received from the State of Montana.
     • Payment taken at time of inspection.
   • What is involved in a Tourist Home inspection? There are a number of public health issues addressed, including but not limited to:

• Is the home clean?
• Is there any sign of pest infestation (bed bugs, rodents, etc.), past or present?
• Where, when, and how is the laundry washed, dried and stored?
• Where, when, and how are the dishes washed and sanitized?
• When and how are kitchens and bathrooms cleaned and sanitized?
• Is the water coming out of the tap at least 100 ºF, but not over 120ºF?
• Is the wastewater system (sewer or septic) functioning properly?
• Is the water supply clean and safe?
• Where, when, and how is trash disposed, stored, collected, and those areas kept clean?

5. After Inspection of the property if no major deficiencies are found then the Sanitarian will sign and give you a Copy of the Public Accommodation License Application which will act as your License until you receive your Public Accommodation License in the mail.

What is a Short-Term Rental?

-A short-term rental is a residential use in a dwelling unit designed for such use for periods of time less than 30 days. Short-term Rental Housing may be referred to as vacation rental, tourist accommodation units, or resort dwelling units.

Is a State License Required?

-Yes, State Law Requires that all short-term rental properties such as, but not limited to, an Airbnb or VRBO be licensed through the Montana Department of Health and Human Services. *See Montana Code Annotated 50-51-201 below. Please contact the Carbon County Environmental Health Office to begin the process of obtaining your Public Accommodation License.

Are any other Licenses Required?

-Currently within Carbon County the only city requiring any further licensure is the City of Red Lodge.  Contact the City of Red Lodge for their requirements.

Is the property on Private Water and Wastewater?

-Yes, then a valid septic permit must be accompanied with the application and plan review.  If you do not have a copy of your septic permit then a copy can be requested online at Request of Existing Copy of Septic Permit.  If no permit can be located then contact the Carbon County Environmental Health at 406-446-1694.

-Yes, then a Well Water Test must be performed by a lab to determine if the coliform and nitrates meet acceptable levels.  Coliform tests must be done 2X/year Sometime in April-June and again sometime between September-October.  Nitrate must be sampled once every 3 years.

What is needed to license a Short-Term Rental?

-First a Plan Review must be submitted (here).  After review, which is typically 1-2 business days, we will contact you to schedule the inspection.

-Fees:

• Plan Review Fee: $150. This is a one-time fee paid to Carbon County Treasurer (CCT) via check at time of inspection or in person via Cash/CC/Check at 17 W. 11^th St in Red Lodge.
• State of Montana Public Accommodation License: $40. This fee must be submitted via check/money order. This is a yearly fee that is paid to MT DPHHS (Montana Dept. of Health and Human Services). After the initial payment is handed to Carbon County Environmental Health at the time of inspection, future years are paid directly to the State of Montana.

Plan Review fee schedule: https://co.carbon.mt.us/wp-content/uploads/2022/03/RES-2022-01-Adopt-Amended-Fee-Schedule.pdf

Am I required to obtain a Public Accommodation license if I am not in city limits?

-Yes. The state of Montana requires all short-term rental properties be licensed through the Montana Department of Health and Human Services. See Montana Code Annotated 50-51-201: https://leg.mt.gov/bills/mca/title_0500/chapter_0510/part_0020/section_0010/0500-0510-0020-0010.html#:~:text=License%20Required-,50%2D51%2D201.,license%20issued%20by%20the%20department

Do you conduct yearly inspections of my Short Term Rental?

-No.  Currently we only do pre-opening inspections of the property to ensure compliance.

How long is my license valid?

-Licenses are valid for the calendar year. If you get your initial license in October, it is only valid until December 31.

How do I renew my license?

-The State of Montana sends out renewal notices in the fall reminding property owners that the license fee is due. If an establishment is licensed in the last quarter (Oct-Dec) of the year, then next year’s license fee will also need to be collected by the Sanitarian at the time of inspection.

The State of Montana reviews and licenses trailer courts and campgrounds.  Additionally, pursuant to Administrative Rules of Montana 17.36.102(24) any parcel that provides two or more permanent spaces for recreational camping vehicles or mobile homes meets the definition of a Subdivision and must follow proper protocol for the Subdivision Process (see Carbon County Planning Department).

New Licenses

Obtaining a new license for either a Campground or Trailer Court in Carbon County requires approval from both the Montana Department of Public Health and Human Services (DPPHS) and the Montana Department of Environmental Quality (DEQ). Navigating this process can be challenging and time-intensive, frequently necessitating the involvement of a Qualified Site Evaluator.

Carbon County Qualified Site Evaluators

MT DEQ Subdivision Review

MT DPHHS Trailer Courts and Campgrounds

MT DPHHS Code for Campgrounds and Trailer Courts

A Trailer Court is defined under MCA 50-52-101

-a parcel of land upon which two or more spaces are available to the public and designated for occupancy by trailers or mobile homes for use as residences.

A Campground is defined under MCA 50-52-101

-a parcel of land available to and principally used by the public for camping, where persons can camp, secure tents or cabins, or park trailers for camping and sleeping purposes.

Campground or Trailer Court Establishment Plan Review

Trailer Courts/Campground Plan Review Fees

<10 Spaces/Sites: $150

10-25 Spaces/Sites: $250

>25 Spaces/Sites: $350

Trailer Courts/Campground License Fees:

1-10 Spaces/Sites: $40

11-25 Spaces/Sites: $60

26 or more Spaces/Sites: $120

Public accommodations encompass various establishments, including hotels, motels, bed and breakfasts, and short-term rentals like Airbnb and VRBO. This page offers details on rules, laws, and plan reviews relevant to public accommodations, along with information on addressing bed bugs and the Temporary Emergency Lodging Program.

Public Sleeping Accommodations Rules

• Web Version of 37.111.1 Public Sleeping Accommodations
• PDF Version of 37.111.1 Public Sleeping Accommodations
• FCS Circular 1-2016 – Standards for Nonpublic Water Supplies Serving Licensed Establishments

Statutes (Laws)

• Licensure & Regulation of Public Accommodation Establishments [50-51 MCA]

Bed and Breakfast Rules

• 111.3 Bed and Breakfast Establishments

Plan Review Forms

Public Accommodations Plan Review

Carbon County levies a fee for conducting plan reviews and inspections of public accommodations. Payment of all fees is typically collected during the inspection, unless arrangements are made with the Carbon County Environmental Health office beforehand. If paying at the time of inspection, plan review fees must be submitted in the form of a check or money order payable to CCT (Carbon County Treasurer).

At the time of inspection, Carbon County Environmental Health collects a fee for the State of Montana License fee which is $40 for an establishment with 1-10 rooms, $80 for 11-25 rooms, and $160 for more than 26 rooms.

Montana Code Annotated 2023

TITLE 50. HEALTH AND SAFETY

CHAPTER 51. HOTELS, MOTELS, AND ROOMINGHOUSES

Part 2. Licensing

License Required

50-51-201. License required. (1) Except as provided in subsection (2), a person engaged in the business of conducting or operating an establishment shall annually procure a license issued by the department.

(2) A guest ranch or an outfitting and guide facility that meets the definitions in 50-51-102 is not required to obtain a license under subsection (1).

(3) A separate license is required for each establishment. However, when more than one type of establishment is operated on the same premises and under the same management, only one license is required that must enumerate on the certificate the types of establishments licensed.

(4) Before a license may be issued by the department, it must be validated by the local health officer or, if there is no local health officer, the sanitarian, in the county where the establishment is located.

-Prior to scheduling an inspection, a Plan Review must be submitted: Public Accommodations Plan Review

-If the property is not on a private well then, a copy of the septic permit must be accompanied with the Plan Review Application.  Requests for a copy of a septic permit can be requested here: Request of Existing Copy of Septic Permit

-Additionally if the property is on a private well then a well sample must also be submitted Coliform and Nitrate must be tested.  DPHHS requires that all private wells be tested for Coliform twice a year (April-June and again September-October). Nitrates must be tested every three years.