Stream Smart: Know the 310 Law

We’ve reached the height of summer—the perfect season to take on those outdoor projects and renovations that have been waiting on our ever-growing to-do lists. Perhaps you’re planning to build a footbridge over the creek in your backyard, stabilize a stream bank that’s begun encroaching on your lawn, or install an irrigation diversion structure to channel water to a hayfield or stock tank. Here in the Madison Valley, many of these outdoor endeavors are closely tied to the waterways that define and shape our landscape.

At the Madison Conservation District, our goal is to ensure the long-term health of our water and natural resources, which in turn protects the well-being of our community and working lands. We achieve this in part by enforcing Montana’s Natural Streambed and Land Preservation Act, more commonly known as the 310 Law. The 310 law was enacted in 1975, with the purpose of protecting and preserving Montana’s rivers and streams along with adjacent lands.

What it means for the landowner is simple: if an individual intends to work in or near a stream, that person must obtain a 310 permit before starting work. This includes any activity that physically alters or modifies the bed or banks of a perennially flowing stream, or lends to sediment transfer into the stream. Even if an individual is unsure if their project is within the jurisdiction of the 310 law, it is wise to play it safe and complete a 310 application.

In Montana, the 310 Law is the regulatory function of Conservation Districts. At the Madison Conservation District (most of eastern Madison County), our board reviews and decides upon applications during our monthly meeting on the third Tuesday of each month. Applications must be received by the first Tuesday of the month in order to be reviewed at that month’s meeting. Prior to the board’s review of materials, applicants are contacted by Madison Conservation District staff in order to set-up a field visit whereby the proposed work is discussed, and photos and video are collected. There is no cost associated with the application and the overall process takes about 30 days.

We also understand that emergencies happen, especially when bad weather hits and runoff is heavy or unexpected. There is a provision in the 310 law that allows landowners to take action in order to safeguard life or property. However, the Madison Conservation District must be notified within 15 days of the action taking place.

With more than 1.6 million acres in the Madison Watershed and almost three thousand miles of tributaries and streams feeding into the Madison River, it is our duty as citizens, landowners, ranchers, and recreationists to protect our most precious natural resource. About half of the land in our watershed is privately owned, and by applying for 310 permits and working with the conservation district, private landowners can help to ensure the health and future of our landscape and our community that depends on it.

For more information about the 310 permitting process please call our office at 406-682-3181 or email us at info@madisoncd.org. Additionally, all permitting forms and information regarding Montana’s 310 law are available on our website https://madisoncd.org/. You can also visit us in our office at the Lone Elk Mall in Ennis.

Submitted by Bayley Gibson and David Laufenberg