This Protective Covenants Compliance Build Plan Guide (Guide) has been prepared by the Committee to assist the owner, the owner’s architect and owner’s general contractor in understanding the authority and expectations of the Committee and what compliance with the Protective Covenants means in terms of project planning and execution.  Following the Guide instructions will expedite the review and approval process and enhance communication between the owner and the Committee. [For PDF of instructions see:   More information → ]

This Guide includes by reference the following Architectural Committee Documents (ACDocs):

[For PDF versions of each ACDoc see corresponding "More information"] 

ACDoc A: ACKNOWLEDGEMENT OF AUTHORITY OF THE ARCHITECTURE COMMITTEE   More information →

ACDoc B: QUESTIONAIRE FOR ASSESSING COMPLIANCE OF BUILDING PROJECT   More information →

ACDoc C: AGREEMENT AND BOND FOR BUILDING PROJECT PERFORMANCE    More information →

The original copy (or facsimile) of ACDoc A, ACDoc B and ACDoc C bearing notes, marks and signature(s), as appropriate and/or required, will be submitted by the owner to the Committee as part of the review and approval process.  The owner may rely on expertise, advice and counsel from their architect, general contractor, professional consultant(s), attorney, etc., but the owner(s) is (are) responsible for full compliance with all applicable statutory building code, zoning regulations and Protective Covenants requirements.

In addition to the AC Documents above, copies of following documents or information, if applicable, are to be provided to the Architecture Committee [NOTE: Some of these documents are also required by Gallatin County and/or State authorities and their existence indicates maturity of build plans.]:

1. Legal Street Address. Legal street address assignment by the Geographic Information Systems Department [311 West Main, Room 305, Bozeman, MT, 59715; (406) 582-3049] is a prerequisite to obtaining permits from the Gallatin City-County Health Department and the Gallatin Planning Department.

2. Construction Plans. These include, but are not limited to:

a) Building drawings, plans and specifications. All structural and foundation plans must be prepared and stamped by a licensed professional engineer or architect; Building drawings must include height, square footage and safety features and applicable building codes to be used in the construction.

b) Site Plans including placement of buildings, driveways, sewer systems, water wells, fences, excavations and fills, setbacks and any changes to original grades and or slopes;

c) Specifications including exterior colors, building materials and lighting fixture model numbers, as appropriate.

3. Landscape Plan. This landscape plan must set forth in detail the landscaping to be installed, placed or planted on such lot, including paths, walks, shrubs, trees, rocks, walls, berms or any feature to be incorporated into a landscape design or plan as well as any trees to be removed. Landscape plans shall also include information on the available water holding capacity (AWC) of soils and such plans shall be designated to be consistent with the available water holding capacity. Landscape plans should also include drainage easements, if any, identified in subdivision plat approval as well as design and placement of house street sign.

4. Excerpts from Owner/Contactor Agreement. Evidence in the form of excerpts from the agreement/contract that the following has been included should be provided to the Committee:

a) No construction material shall, at any time, be placed or stored so as to impede, obstruct or interfere with pedestrian or vehicular traffic

b) No construction materials shall be placed or stored on lots for a period of more than thirty (30) days following substantial completion of construction.

c) No trailer, mobile home, or camper shall be used as a place for habitation or sleeping, temporarily or permanently.

d) No burning of trash and/or garbage shall be permitted on-site.

5. “On-Site Wastewater Treatment System Application and Permit.” Home builders will need to have an “On-Site Wastewater Treatment System Application and Permit” approved by the Gallatin City-County Health Department, 311 West Main, Room 108, Bozeman, MT 59715; (406) 582-3120. [Note: DEQ Certificate of Subdivision Plat Approval, Exhibit “A”, depicts the approved site areas for the home, well-water supply system and sewage treatment systems. If the owners intend to deviate from that configuration, or have any questions, they must contact the Montana Department of Environmental Quality (DEQ), Water Quality Division, Subdivision Section, P.O. Box 200901, Helena, MT 59620-0901; (406) 444-5344 3, to get approval of the deviation.

6. Big Sky Fire Department Land Use Permit Form, P.O. Box 160382, Big Sky, MT, 59716, (406) 995-2100.  This form supports Land Use Permit.  Based on the location of nearest hydrant and square footage of building, this form determines whether or not the building to be constructed requires an interior fire suppression sprinkler system.

7. Land Use Permit. When the owner is ready to build they will need to have a “Gallatin County Land Use Permit” approved by the Gallatin County Planning Department, 311 West Main, Bozeman, MT 59715, (406) 582-3130, prior to commencing construction.  Items 5 and 6 above are required for the permit.

8. Access Easement Documentation. If an access easement across the lot exists and/or one is provided on adjacent lot(s) and the owner plans to use the easement(s), a copy of document providing access easement(s) is to be provided to the Committee.  If an access easement is planned to be used across another lot, provide copy of notice given to affected owner(s)

9. Foundation Studies.  If the building site is on a slope greater than ten percent (10%), copies of the foundation studies is to be provided to the Committee and the Gallatin County Subdivision Review Office.

10. Information on Soundness of Major Cuts. If building plans include any cuts in slopes exceeding 25% or removal of large volumes of materials from the toes of the slopes, information supporting the soundness of these cuts must be provided.