The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts.
The purpose of the 310 law is to keep rivers and streams in/near their natural or existing conditions, to minimize sedimentation, and to recognize beneficial uses. Individuals or corporations proposing construction in a perennial stream must apply for a 310 permit through the local conservation district.
The statute defines “project” as a “physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks.
Always check with your conservation district before doing anything that may affect a stream in order to avoid an unnecessary violation. 310 permits are free.
Activites That Typically Require A Permit:
Stream Crossings (culverts, bridges, fords)
Streambank protection projects (stabilization, 'riprap')
Docks, boat ramps
Diversions
Channel changes, dredging
Emergency Situations
The 310 Law contains a provision to handle actions necessary to safeguard life or property, including growing crops, during emergencies. The emergency form is available on this Web site or from the CCD office. We encourage you to notify us immediately in an emergency. Our supervisors can help you make the best decisions for you and for our water resources. If you must take emergency action, notify the CCD in writing within 15 days of the action taken explaining what was done and why. The emergency action will be reviewed by the CCD, which will decide whether the action was appropriate, must be modified, or must be removed and/or replaced.
Starting A Project 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 $500 or by a civil penalty not to exceed $500 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 CCD to as near its prior condition as possible.
You can fill out this complaint form and email it to us if necessary.
Floodplain Permit
You may need to obtain a floodplain permit from the Cascade County Planning Department.
To determine if that is necessary, click this link to be directed to the Cascade County Planning Department’s Determination Form.
Related Information
Other useful information regarding 310 Permits can be found on the Montana Department of Natural Resources and Conservation website.
You can find their website here.
You can check out the Department of Natural Resources and Conservation's 310 Permit Database here.
Other Permitting Agencies in Montana
Army Corps of Engineers
Local Office:
100 Neil Ave, Suite 200
Helena, Montana 59601
You can find their website here.
Trenching in utility lines or pipelines
New dams, reservoirs, ponds
Updating or repairing currently existing projects
Montana Department of Environmental Quality
Local Office:
P.O. Box 200901
Helena, MT 59620-0901
You can find their website here.
