What is a 310 Permit?
The Montana Natural Streambed and Land Preservation Act, commonly known as the 310 Law, mandates that any individual intending to conduct work in or near a stream or river on private or public land must obtain a 310 Permit from their local conservation district. Permits are free of charge.
What is the purpose of the 310 Law?
The purpose of the 310 Law is to ensure that projects conducted on streams do not cause harm to the stream itself or to adjoining landowners.
Who administers this law?
Conservation Districts throughout Montana are responsible for administering the 310 Law. Specifically, the Deer Lodge Valley Conservation District administers the 310 Law within Deer Lodge County and the southern portion of Powell County, while the North Powell Conservation District administers it within the northern portion of Powell County. For detailed boundary information, please contact the office.
How does the permit process work?
All required information, including the 310 application, a project plan and/or drawing, and a site map, must be submitted. Incomplete applications may be rejected. Once a 310 application is received, Montana Fish Wildlife & Parks are notified about the proposed project and may request an on-site inspection.
Site Inspection Process
A team consisting of a district supervisor, a representative from Montana Fish, Wildlife, and Parks, and the applicant or the applicant representative will meet to discuss the project on site. The applicant or their representative has the right to participate a s a team member or the purpose of making recommendations to the district. Team members have the option to waive their participation in the on-site inspection. Following the inspection, the team members provide recommendations to the district at a regular board meeting. The applicant may choose to waive participation, submit a joint report with other team members (if in agreement with their recommendations), or submit a separate report.
If no inspection is deemed necessary, the district may proceed with the application, and the applicant will be informed of the supervisors' decision.
Decision Process
The district will decide to approve, modify, or deny the project within 60 days of accepting the application. However, this period can be extended if further information is required by the district. Upon receiving the supervisors' decision, the applicant has 30 days to return the signed permit, indicating agreement with the district's decision. Unless otherwise specified on the supervisors' decision form, the applicant must wait 30 days before proceeding with the project.
Image
