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310 Permitting YOU ARE HERE
Much of the Conservation District Board's work is spent on administration of The Natural Stream Bed and Land Preservation Act, also known as the "310 Law". (View the law by clicking here.) The law mandates the issuance of 310 permits, a process which is designed to help applicants minimize soil erosion and sedimentation, protect and preserve streams and rivers in their natural or existing state, and prevent damage to the lands and property immediately adjacent to streams and rivers.
A 310 permit is required for any project that affects the channel or immediate banks of any natural stream which flows continuously at all seasons of the year, except in the case of appropriation, impoundment, or extreme drought. The channel is the area of the stream from mean high water mark to mean high water mark. The immediate banks are the areas adjacent to the channel that when disturbed will physically alter or modify the state of the stream. To be considered a stream, the perennial water must flow in a channel that is lacking terrestrial vegetation and has no agricultural value. A stream that carries diverted water is only considered perennial if it would flow year-round without the diverted water. If you are unsure whether or not you need a permit, please contact the office.
The permitting process includes a site inspection by a team of at least one representative of the Conservation District and an employee of Montana Department of Fish, Wildlife, and Parks. The team inspects the site of the project with the applicant to ensure the project is completed in a fashion that maintains the natural integrity of the stream system.
For more information about stream permitting in Montana, see Montana's Guide to Stream Permitting. To apply for a 310 permit, use the Joint Application for 310 and other waterway permits.
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