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5242 Hwy 89 South, Livingston, MT 59047 Local Common Sense Conservation

What is the 310 Law?50087465112b5.preview-620

The 310 law, also known as the Natural Streambed and Land Preservation Act, is administered by Conservation Districts across the state. It requires that any person or persons desiring to construct in   or near a perennial stream must first submit a 310 permit application describing the activity to their local Conservation District.

A perennial stream is a stream and/or river that has continuous flow  in parts of its channel throughout the year. Perennial streams are compared to intermittent or ephemeral streams which only flow during parts of the year. Since perennial streams contain the most water throughout the year, the purpose of the 310 law is to ensure that projects on perennial streams are not affecting the integrity of the stream or neighbors upstream and downstream. The Park Conservation District administers the 310 law in both the Shields Valley Watershed and the Upper Yellowstone Watershed. There is no fee for the 310 permit.

In Case of Emergency

The Conservation District offers Notice of Emergency Forms for activities conducted under a provision in the 310 Law for actions necessary to safeguard life or property. The emergency form is available on this website or at the Park CD office. If you must take emergency action, applicants must notify the Park CD in writing within 15 days of the action taken explaining what was done and why. All emergencies submitted to the office each month will undergo a site inspection, review by the board at the next regular meeting and determined appropriate, in need of modification, or in need to be removed/replaced.

To File a Formal Complaint

The Conservation District offers Official Complaint forms for complaints about activities relating to 310 permitted projects. The complaint form is available on this website or at the Park CD office. Once a complaint has been submitted, the site will undergo an inspection and subsequent review by the board who will deem the complaint appropriate or invalid.

If you would like to report an activity that may be a violation of the 310 law, please fill out the complaint form and either email it to or mail it to the Park Conservation District, 5242 US HWY 89 S, Livingston, MT 59047.

Activities Without a Permit

A Person who initiates a project without the written consent of the supervisors, performs activities outside the scope of written consent of the supervisors, places a junked motor vehicle in a streambed or bank, or violates the emergency procedures of adopted PCD Rules 16 or the Act can be subject to a civil penalty for violation of the 310 law and fined up to $500 per day that the persons doing the work continue to be in violation, up to $15,000. Both the landowner and the contractors can be named as violators and face these civil penalties.  In addition, person(s) may be required and financially responsible to restore the damaged natural river resources as recommended by the Park County Conservation District to as near its prior condition as possible (MCA-75-7-123).

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