310 Projects

Natural Streambed and Land Preservation Act (as known as 310 Law)

This state law requires that any person planning to work in or near a perennial stream or river on private land obtain a 310 permit from their local Conservation District.

The 310 Law insures that all projects on perennial streams are not damaging to the stream, its banks or to adjoining landowners.

Activities that require a 310 Permit

  • Culverts–installation and removal
  • Bridges–installation and removal
  • Riprap
  • Diversions
  • Dams
  • Equipment crossings
  • Pond construction
  • Dredging
  • Channel changes
  • Fords
  • Any other activity that physically alters or modifies the bed or banks of a perennial stream or river

Application Procedure

A person planning a project must contact the Conservation District to obtain a permit application.  The permit must be approved prior to any activity in or near a stream.

Application Process Time Line

  • Application submitted to Conservation District office
  • Within five (5) days, district supervisors determine if proposed activity is a project
  • If determined as a project, a team will form to conduct a site inspection.  The team will comprise of a district supervisor, a representative from Department of Fish, Wildlife and Parks (DFWP) usually a fisheries biologist and the landowner.
  • The permit must be approved or denied no later than sixty (60) days from the date of application.

Penalties for Violation of 310 Law

Failure to obtain a 310 permit may result in a misdemeanor or civil penalty with fines up to $500 for each day the person continues the unauthorized activity.  Also, restoration of the damaged stream may also be required.

http://dnrc.mt.gov/Permits/StreamPermitting/310Applicant.asp

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