Can you keep backyard chickens in Montana?
Montana poultry owners must file a sworn livestock report by March 1 each year and pay a per capita fee (MCA 15-24-902, 15-24-903); the Department of Livestock says even a few chickens must be reported.
Read from 14 official sources39 passages quotedChecked October 26, 2026
At a glance
Registering your flock
Where hens can live
Bird-flu housing orders
Welfare rules
Who decides where hens can live
The state law we read gives a named local body its own powers over where hens can live. What the checked sources say:
- To promote health, safety, morals or the general welfare, the council or other legislative body of a city or incorporated town may regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes.
- A board of county commissioners that has adopted a growth policy may adopt zoning regulations for all or part of its area. Except for interim zoning and the mineral provisions the law names, county zoning under that part may not prevent an owner’s complete use, development or recovery of mineral, forest or agricultural resources.
- A municipality of 5,000 or more people in a county of 70,000 or more must comply with the Montana Land Use Planning Act, and a local government that complies with that Act is not subject to Title 76, chapters 1, 2, 3 or 8 (chapter 2 holds the zoning sections above).
No statewide permission or prohibition on keeping chickens is established by this finding. Your city or town, or your county once it has adopted a growth policy, may zone, so check with it. Whether a backyard flock is an agricultural resource under MCA 76-2-209 was not established, and the Land Use Planning Act’s own zoning sections were not read; this page doesn't cover local codes.
The law's own words are quoted under state rules on keeping poultry below.
How to check: Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
A sourced reading of Montana's state law, not legal advice. Local ordinances and zoning, HOA rules, and any local rooster or coop limits aren't covered here yet: check your local code before you get hens.
Keeping your flock
These findings cover the national or state scope stated below. They do not determine whether chickens are allowed at a particular home. City zoning, property restrictions and other local rules are outside this research.
Registering as a poultry keeper
Rule identified for the scope below
Jurisdiction: Montana
Applies to: Montana’s annual livestock report and per capita fee (MCA 15-24-902, 15-24-903, 15-24-921 and 15-24-922), where livestock includes poultry.
Outside this finding's scope
- This is a yearly sworn report of how many animals an owner has, with a per-head fee; it is not a premises registration. No minimum flock size was found in these sections or on the Department of Livestock’s per capita page, and Montana’s administrative rules were not read.
What the checked sources say
- A per capita fee is imposed on all poultry in each Montana county, as well as on honey bees, swine 3 months or older and other livestock 9 months or older.
- The owner of livestock, which for this purpose includes poultry, or the owner’s agent must deliver a sworn electronic or written statement by March 1 each year listing the number of livestock and the county or counties where they were on February 1. The fee is due on March 1.
- The Department of Livestock’s per capita page, as checked on 26 October 2026, said owners must report the livestock they own on February 1 to the Department of Revenue, which collects the numbers and fees for the Department of Livestock, and that even an owner of just one horse and a few chickens still needs to report.
Authority: Montana Department of Revenue, which collects livestock numbers and per capita fees on behalf of the Department of Livestock.
Fee: The Board of Livestock sets the per capita fee each year; the Department of Livestock’s 2027 rate table, as checked on 26 October 2026, lists poultry at $0.07 (per capita fees are per-head fees).
The official wording
(1) (a) A per capita fee is authorized and directed to be imposed by the department on all poultry and honey bees, all swine 3 months of age or older, and all other livestock 9 months of age or older in each county of this state.
MCA 15-24-921(1)(a), first sentence · Checked
(3) Except as provided in subsection (1)(b), as used in this section, "livestock" means cattle, sheep, swine, poultry, honey bees, goats, horses, mules, asses, llamas, alpacas, domestic bison, ostriches, rheas, emus, and domestic ungulates.
MCA 15-24-921(3) · Checked
(2) The per capita fee is due on March 1 of each year.
MCA 15-24-921(2), first sentence · Checked
The livestock must be assigned to the person by whom they were owned or claimed or in whose possession or control they were at midnight of February 1 in that year.
MCA 15-24-902, second sentence · Checked
(1) The owner of livestock, as defined in 15-24-921 , or the owner's agent shall deliver to the department by March 1 of each year an electronic or written statement, under oath, listing the number of the owner's livestock and the county or counties where the livestock were located on February 1 of the same year.
MCA 15-24-903(1) · Checked
(1) The board of livestock shall annually prescribe the amount of the per capita fee to be made against livestock of all classes for the purpose indicated in 15-24-921 .
MCA 15-24-922(1) · Checked
The Board of Livestock annually sets the livestock per capita fee rates. The Department of Revenue collects livestock numbers and per capita fees on behalf of the Department of Livestock.
DOL Per Capita Fees page, "What are per capita fees?", first paragraph · Checked
Livestock owners must report the number of livestock owned on February 1 to the Department of Revenue. Even if you own just one horse and a few chickens, or owned and reported last year but no longer do, you still need to report.
DOL Per Capita Fees page, "What are per capita fees?", third paragraph · Checked
Report your livestock in the county where the livestock are located on February 1. The report and payment are due by March 1.
DOL Per Capita Fees page, third paragraph (continued) · Checked
Per capita fees are per-head fees charged on livestock.
DOL Per Capita Fees page, "What are per capita fees?", second paragraph · Checked
2027 Per Capita Rates
Poultry $ 0.07
DOL Per Capita Fees page, 2027 rate table, poultry row · Checked
Bird-flu housing orders
Current status needs rechecking
Check the official current-status pageOrders can change between checks. A missed check or an expired order does not establish that no order applies.
Housing-order finding as checked on 2026-10-26
The scope and conditions below are a dated record, not confirmation of today's position.
Conditions apply to this finding
Uses housing orders in this scope: Yes, according to the checked evidence, within the limits listed under “Outside this finding’s scope” below.
Jurisdiction: Montana
Applies to: The poultry disease powers of the Montana Department of Livestock (MCA 81-20-101; “department” as defined in MCA 81-1-101).
Outside this finding's scope
- These powers do not in terms require birds to be kept indoors, and this finding does not establish that any quarantine or order applies now.
What the checked sources say
- To prevent, control and exterminate diseases affecting poultry, the department may quarantine any lot, yard, land, building, premises, enclosure or other place used or occupied by poultry that it judges to be infected or contaminated with an infectious, contagious, communicable or dangerous disease, and may quarantine any poultry affected with or exposed to disease.
- It may prescribe treatments and enforce sanitary rules needed to control or prevent these diseases, and must adopt and enforce rules and orders to prevent poultry diseases from being introduced or spread in Montana.
- As checked on 26 October 2026, the department’s avian influenza page encouraged owners to house birds indoors to the extent possible and to isolate sick animals, and asked anyone who sees sickness or increased deaths in poultry to contact the department immediately at 406-444-2976. That is advice, not an order.
- Current mandatory housing status remains unconfirmed; check the Department of Livestock’s avian influenza page.
- Checked
- Recheck due
Historical evidence, as checked
These quotations record what was checked on the dates shown. They do not confirm an order's current status.
(3) "Department" means the department of livestock provided for in Title 2, chapter 15, part 31.
MCA 81-1-101(3) · Checked
For the promotion and protection of the poultry industry and to prevent, control, and exterminate infectious, contagious, dangerous, and destructive diseases affecting poultry, the department shall:
MCA 81-20-101, opening · Checked
The department may quarantine any lot, yard, land, building, room, premises, enclosure, or other place or section in this state which is or may be used or occupied by poultry and which, in the judgment of the department, is infected or contaminated with an infectious, contagious, communicable, or dangerous disease or disease-carrying medium by which the disease may be communicated.
MCA 81-20-101(1), second sentence · Checked
The department may quarantine any poultry in this state when the poultry is affected with or has been exposed to disease or disease-carrying medium. The department may prescribe treatments and enforce sanitary rules which are necessary and proper to circumscribe, extirpate, control, or prevent the diseases.
(4) adopt and enforce rules and orders necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting poultry in this state,
MCA 81-20-101(4), first part · Checked
Owners are encouraged to practice good biosecurity measures:
DOL HPAI page, "Biosecurity Measures" · Checked
House birds indoors to the extent possible to limit exposure to wild or migratory birds.
DOL HPAI page, "Biosecurity Measures", second item · Checked
Isolate sick animals and contact your veterinarian or Montana Department of Livestock (MDOL).
If you see sickness or increased death loss in poultry, immediately contact MDOL at 406-444-2976.
DOL HPAI page, "Who Can I Contact?" · Checked
Small-flock welfare minimums
Conditions apply to this finding
Jurisdiction: Montana
Applies to: Montana’s cruelty to animals offence (MCA 45-8-211).
Outside this finding's scope
- The section does not prohibit, among other things, the use of commonly accepted agricultural and livestock practices on livestock, or humanely destroying an animal for just cause. The general definitions of Montana’s criminal code (MCA 45-2-101) define neither “animal” nor “livestock”, so whether a backyard flock counts as livestock for that exception was not established. No numerical space standard for poultry was found.
What the checked sources say
- A person commits cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by one of the means the section lists, among them carrying or confining it in a cruel manner, or failing to provide an animal in the person’s custody with food and water of sufficient quantity and quality to sustain its normal health, minimum protection from adverse weather (with consideration given to the species) or, in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care.
- A conviction can bring a fine of up to $1,000, up to 1 year in county jail, or both; a second or later cruelty conviction, or any aggravated cruelty conviction, up to $2,500, up to 2 years with the department of corrections, or both.
The official wording
(1) A person commits the offense of cruelty to animals if, without justification, the person knowingly or negligently subjects an animal to mistreatment or neglect by:
MCA 45-8-211(1), opening · Checked
(b) carrying or confining the animal in a cruel manner;
MCA 45-8-211(1)(b) · Checked
(c) failing to provide an animal in the person's custody with:
MCA 45-8-211(1)(c), opening · Checked
(i) food and water of sufficient quantity and quality to sustain the animal's normal health;
MCA 45-8-211(1)(c)(i) · Checked
(ii) minimum protection for the animal from adverse weather conditions, with consideration given to the species;
MCA 45-8-211(1)(c)(ii) · Checked
(iii) in cases of immediate, obvious, serious illness or injury, licensed veterinary or other appropriate medical care;
MCA 45-8-211(1)(c)(iii) · Checked
(2) (a) A person convicted of the offense of cruelty to animals shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.
MCA 45-8-211(2)(a), first sentence · Checked
A person convicted of a second or subsequent offense of cruelty to animals or of a first or subsequent offense of aggravated animal cruelty shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.
MCA 45-8-211(2)(a), second sentence · Checked
(4) This section does not prohibit:
MCA 45-8-211(4), opening · Checked
(a) a person humanely destroying an animal for just cause;
MCA 45-8-211(4)(a) · Checked
(b) the use of commonly accepted agricultural and livestock practices on livestock;
MCA 45-8-211(4)(b) · Checked
Unless otherwise specified in the statute, all words must be taken in the objective standard rather than in the subjective, and unless a different meaning plainly is required, the following definitions apply in this title:
MCA 45-2-101, opening (no "animal" or "livestock" entry in the section) · Checked
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: Montana
Applies to: Montana’s city and town zoning power (MCA 76-2-301), county zoning (MCA 76-2-201 and 76-2-209) and the Montana Land Use Planning Act’s rule on which local governments it covers (MCA 76-25-105).
Outside this finding's scope
- No statewide permission or prohibition on keeping chickens is established by this finding. Your city or town, or your county once it has adopted a growth policy, may zone, so check with it. Whether a backyard flock is an agricultural resource under MCA 76-2-209 was not established, and the Land Use Planning Act’s own zoning sections were not read; this page doesn't cover local codes.
What the checked sources say
- To promote health, safety, morals or the general welfare, the council or other legislative body of a city or incorporated town may regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes.
- A board of county commissioners that has adopted a growth policy may adopt zoning regulations for all or part of its area. Except for interim zoning and the mineral provisions the law names, county zoning under that part may not prevent an owner’s complete use, development or recovery of mineral, forest or agricultural resources.
- A municipality of 5,000 or more people in a county of 70,000 or more must comply with the Montana Land Use Planning Act, and a local government that complies with that Act is not subject to Title 76, chapters 1, 2, 3 or 8 (chapter 2 holds the zoning sections above).
The official wording
For the purpose of promoting health, safety, morals, or the general welfare of the community, the city or town council or other legislative body of cities and incorporated towns is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures;
MCA 76-2-301, first part · Checked
the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes.
MCA 76-2-301, last part · Checked
(1) For the purpose of promoting the public health, safety, morals, and general welfare, a board of county commissioners that has adopted a growth policy pursuant to chapter 1 is authorized to adopt zoning regulations for all or parts of the jurisdictional area in accordance with the provisions of this part.
MCA 76-2-201(1) · Checked
(1) Except as provided in 82-4-431 , 82-4-432 , and subsection (2) of this section, a resolution or rule adopted pursuant to the provisions of this part, except 76-2-206 , may not prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources by the owner of any mineral, forest, or agricultural resource.
MCA 76-2-209(1) · Checked
(1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of this chapter.
MCA 76-25-105(1) · Checked
(4) A local government that complies with this chapter is not subject to any provision of Title 76, chapters 1, 2, 3, or 8.
MCA 76-25-105(4) · Checked
Bird flu right now? PoultryPal's bird-flu tracker for Montana has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in Montana?
- Registration: required. The finding covers: Montana’s annual livestock report and per capita fee (MCA 15-24-902, 15-24-903, 15-24-921 and 15-24-922), where livestock includes poultry. Outside this finding's scope: This is a yearly sworn report of how many animals an owner has, with a per-head fee; it is not a premises registration. No minimum flock size was found in these sections or on the Department of Livestock’s per capita page, and Montana’s administrative rules were not read. Authority: Montana Department of Revenue, which collects livestock numbers and per capita fees on behalf of the Department of Livestock..
- Can I keep chickens in my backyard in Montana?
- The state law we read gives a named local body its own powers over where hens can live. To promote health, safety, morals or the general welfare, the council or other legislative body of a city or incorporated town may regulate and restrict the location and use of buildings, structures and land for trade, industry, residence or other purposes. A board of county commissioners that has adopted a growth policy may adopt zoning regulations for all or part of its area. Except for interim zoning and the mineral provisions the law names, county zoning under that part may not prevent an owner’s complete use, development or recovery of mineral, forest or agricultural resources. A municipality of 5,000 or more people in a county of 70,000 or more must comply with the Montana Land Use Planning Act, and a local government that complies with that Act is not subject to Title 76, chapters 1, 2, 3 or 8 (chapter 2 holds the zoning sections above). No statewide permission or prohibition on keeping chickens is established by this finding. Your city or town, or your county once it has adopted a growth policy, may zone, so check with it. Whether a backyard flock is an agricultural resource under MCA 76-2-209 was not established, and the Land Use Planning Act’s own zoning sections were not read; this page doesn't cover local codes. Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
- Do I have to keep my hens indoors for bird flu in Montana?
- Housing orders come and go, so we never show one as current. This page links the official status page to check today. PoultryPal's bird-flu tracker page for Montana has the latest we've checked.
Allowed where you live? Then keep the records.
PoultryPal tracks your birds, eggs, hatches, sales, and expenses — so you can see exactly how your flock is doing. Free to download on iOS and Android.
