What is the 310 Law?
The 310 Law, also known as the Montana Natural Streambed and Land Preservation Act (310 Permit), is administered by the Conservation District in which the project takes place.
Who must apply:
Any private, nongovernmental individual or entity that proposes to work in or near a stream on public or private land must obtain a 310 Permit.
Activities Requiring a Permit:
Any activity that physically alters or modifies the bed or banks of a perennially flowing stream.
Purposes of the Law:
- To minimize soil erosion and sedimentation.
- To protect and preserve streams and rivers in their natural or existing state.
A perennial stream is a stream and/or river that has continuous flow in parts of its channel throughout the year. Streams that are de-watered annually by irrigation are still considered perennial streams. 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 the Park Conservation District.
Link to Park Conservation District Boundary – Montana Conservation District Layers (arcgis.com)
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: including the date, an explanation of the emergency, and the work done. 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 unpermitted work or 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 make a determination on the work done.
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 kelly.arterburn@mt.nacdnet.net 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 (MCA-75-7-113) or adopted PCD Rules 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 to a fine or civil penalty, the person(s) shall restore, at the discretion of the court, the damaged stream, as recommended by the supervisors, to as near its prior condition as possible; or is civilly liable for the amount necessary to restore the stream (MCA-75-7-123).