MT SB336

Short-term rentals are classified as residential use of property (not commercial) under Montana law, applying to covenants, HOA bylaws, and zoning regulations unless those documents clearly and expressly state otherwise

Local jurisdictions may only prohibit short-term rentals if the ban applies to an entire zoning district or jurisdictional area; prohibitions cannot prevent owners from renting their primary residence plus one additional adjacent or same-parcel property

"Primary residence" is defined as a dwelling where the owner occupies the property at least 7 months of the year

Short-term rentals operating in compliance with state licensing and tax requirements when a restriction is adopted are granted legal nonconforming use status (grandfathered in)

Local governments restricting short-term rentals must make findings that the regulation will secure safety from fire/dangers, promote public health/safety/welfare, or facilitate adequate provision of transportation, water, sewerage, schools, or parks