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Montana Natural Streambed and Land Preservation Act: 310-Law

The Natural Streambed and Land Preservation Act, also known as the 310 Law,  requires any individual or business proposing work in or near a perennial stream on private property to apply for a 310 permit through their local conservation district.Read more about the history of Conservation Districts and the 310 Law.

310 Permit Applications:

To apply for a 310 permit, download and complete the 310 joint permit application (below).
Instructions are found at the end of the application form. Please read them carefully as multiple permits may be required for any work done in or near streams.

310 joint permit application

Click here for more information about the 310 permit application process.

Emergency Form:

During an emergency, when actions are taken to safeguard life or property (including growing crops) you are required to:

  • Call the district office at 752-4220  before emergency work is undertaken
  • Submit an Emergency form within 15 days of taking action.

310 emergency form

Complaint Form:

It is a misdemeanor to initiate a project without a permit.  To report an activity that may be a violation of the 310 law, complete the complaint form and submit to the FCD.

310 complaint form

Permit Activity Chart

This chart shows which permits are required under specific conditions based on where your project will take place: streambed, streambanks, wetlands, or floodplain.

The letters in the diagram above refer to the permits listed below.
It’s the responsibility of the landowner to contact each agency to find out if they do or do not need a permit.

Key To
Permit Required Government Agency Phone Number
A Montana Stream Protection Act (124)
(For Government Agencies Only)
Montana Fish, Wildlife & Parks 752-5501
B Stormwater Discharge General Permits Dept. of Environmental Quality 444-2406
C Streamside Management Zone Law Dept. Natural Resources & Conservation 751-2240
D Montana Floodplain and Floodway Management Act Flathead County Floodplain Development 751-8200
E Water Quality Standard for Turbidity (318) Dept. of Environmental Quality 444-4626
F Montana Natural Streambed and Land Preservation Act (310) Flathead Conservation District 752-4220
G Montana Land-use License or Easement on Navigable Waters Dept. of Natural Resources & Conservation/Special Uses 751-2263
H Montana Water Use Act Dept. of Natural Resources & Conservation 752-2288
I Federal Clean Water Act (Section 404) US Army Corp of Engineers 441-1375
J Federal Rivers and Harbors Act (Section 10) US Army Corp of Engineers 441-1375
K Other laws that may apply, depending on your location and activity Various agencies

Stream Permitting Book

 Montana Stream Permitting: A Guide for Conservation District Supervisors and Others is a publication developed to assist conservation districts and agencies in reviewing stream projects.


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