1. (1) If an application includes a variance request, or the department begins initial review of the application and concludes that a variance request is necessary to issue a building permit, the department shall process the application pursuant to ARM 24.301.1411. If the application does not include a variance request, or the department begins an initial review of an application that includes a variance request, and the department determines that a variance request is not necessary to issue a building permit, the department may proceed with processing the application under (3).
2. (2) The department shall inform the applicant in writing upon receipt of a completed application. The applicant shall submit any additional information requested by the department pursuant to the State Building Code.

3. (3) The department shall review and make a determination to approve, modify, or deny an application for a building permit within 30 days of receipt of the completed application, as defined in ARM 24.301.1403, as follows:

   1. (a) If an application is approved, the department shall issue a building permit.
   2. (b) If an application is approved with modifications, the department shall provide the modifications to the applicant in writing upon issuing the building permit.
   3. (c) If an application is denied, the department shall provide a reason for the denial to the applicant in writing.
4. (4) If an applicant disagrees with the department’s modifications or denial of the permit, the applicant may request a hearing pursuant to ARM 24.301.1413 within seven days of the department’s determination.

Authorizing statute(s): 50-60-203, MCA

Implementing statute(s): 50-60-101, 50-60-102, 50-60-103, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA

History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.