What is the 310 Law?
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.
Click here for an emergency form.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 ashley.lowrey@mt.nacdnet.net or mail it to the Park CD office (5242 US HWY 89 S. Livingston, MT 59047).
Activities Without a Permit
It is a misdemeanor to initiate a project without a permit; to conduct activities outside the scope of the permit, to violate emergency procedures, or to use prohibited materials in a project. Upon conviction of a misdemeanor, a person may be punished by a fine up to $250 or by a civil penalty not to exceed $250 per day for each day the person continues to alter the stream. In addition, at the discretion of the court, the person may be required to restore the damaged stream as recommended by the Park CD to as near its prior condition as possible.