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.
To apply for a 310 permit, download and complete the 310 joint permit application.
Please read instructions (found at the end of the application form) carefully because multiple permits may be required for any work done in or near streams.
FCD 310-Permit Process information
* Read more about the history of Conservation Districts and the 310 Law.
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.
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.
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.
|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.