The streambed and streambanks of a stream (identified with the letter A in the above diagram) are subject to the Montana Natural Streambed and Land Preservation Act or 310 permitting. If you wish to complete any activity that physically alters or modifies the bed or banks of a perennially flowing stream, it requires a 310 permit. To acquire a 310 permit, follow the instructions below. Depending on the activity, it may require additional permitting. Visit the Montana Department of Natural Resources webpage for more info on stream permitting.
1. Complete and submit the Joint Application Form
2. Site Inspection
During the next 310-meeting, applications are approved, modified, or denied for a permit. This time period can be extended if the GMCD determines it necessary to collect further information. After receiving notice of the decision, the applicant has 30 days to sign and return the Board’s Decision Form to indicate agreement. (Note: Permit letters may take up to two weeks to be sent out.) Unless otherwise stated on the supervisors decision form, the applicant must wait 15 days before proceeding with the project. If the applicant does not return the signed Board’s Decision Form, the permit is automatically null and void.
- The effects on soil erosion and sedimentation, considering the methods available to complete the project and the nature and economics of the various alternatives.
- The effects of stream alteration.
- The effects on stream flow, turbidity, and water quality caused by materials used or by removal of ground cover
- The effects on fish and aquatic habitat.
- Whether there are modifications or alternative solutions that are reasonably practical that would reduce the disturbance to the stream and its environment and better accomplish the purpose of the project.
- Whether the proposed project will create harmful flooding or erosion problems upstream or downstream.
Please refer to our 310 Guidelines page for assistance in planning your project.
Emergency Actions – 310 permitting procedure
The definition of an emergency in 310 law means “an unforeseen event or combination of circumstances that call for immediate action to safeguard life, including human or animal, or property, including growing crops, without giving time for the deliberate exercise of judgment or discretion under the 310 law.”
If a Landowner determines that must make an emergency action on their property that under normal circumstances would require a 310 permit, they must follow the procedure below.
- Within 15-Days a person taking emergency action must notify their local conservation district by completing the Emergency Form and returning it to the district office.
- Landowner will be contacted and an onsite inspection will be completed by team members (Applicant, Montana Fish, Wildlife, and Parks, Conservation District Supervisor(s)
- At the next district meeting, the district will either approve, modify, or deny the emergency action per the inspection information.
- If emergency is approved no further action is needed from the Landowner.
- If modifications and/or emergency work is denied it will require the Landowner to complete a new 310 Application indicating the work needed to be done for the modification or the work needed to be done to rectify the denied action.