310 Permits – In the Know!

Montana offers wide open spaces, beautiful landscapes, enticing recreational opportunities like hunting, fishing, hiking, and more.  It’s why people want to settle here, the nature, the peace, the quiet flow of streams, and the feeling that you can still truly get lost in the wild.  Over the years Montana has become more developed and permanent dwellings have been constructed in areas that remained untouched for years.  With the increased rate of population and structures being built, Madison Conservation District wants to ensure that the community is well informed on how to safely build upon and preserve what makes Montana so enticing in the first place, its land.  310 permits are not only about protecting the land and streams but it’s also the Law!

So, what is a 310 permit and when does it matter?  The Montana Streambed and Land Preservation Act, commonly referred to as the 310 Law, requires any private entity (ex. landowner, non-profit group, or corporation) to obtain approval from their local conservation district before working in or near a perennial stream on private or public land.  The goal of the 310 law is to protect and preserve Montana’s rivers and streams. If you are planning any activity that could result in the alteration or modification to a perennial streambed or bank, then a 310 permit is required.  This could include building a bridge or culvert, installing a diversion structure, stabilizing a bank, or in some instances routine maintenance on a stream.

In most instances obtaining and submitting a 310 permit has to be done before any construction begins.  However, there are special circumstances that call for work to be implemented near a perennial stream when deemed an emergency.  An “Emergency” is defined as “Unforeseen events or a combination of circumstances that call for immediate action to safeguard life, including human or animal, property, or the growth of crops, without giving time for the deliberate exercise of judgment or discretion under the act.”  Should this be the case, a 310 Emergency Notice will still need to be filed with your local Conservation District within 15 days of the work that was completed.  At that point the district will conduct an inspection to review the work done and either approve or deny the emergency claim.  During the inspection the district will determine if any remedial work needs completed to meet the program requirements.

If a 310 permit is not filed for work around a perennial stream, the District may decide to issue criminal or civil penalties. The criminal penalties include a misdemeanor with a fine not to exceed $500. Civil penalties are more common and include a fee of up to $500 per day the violator remains in violation, not to exceed $15,000.  In addition to the fines, the landowner may have to pay to restore any damaged streams or banks back to their original condition.

Remember, 310 Permits are not a suggestion, they are required.  Join the efforts of preserving our land and streams and pick up your free permit at our office or find a printable version on our website at madisoncd.org.  You can find additional resources on our website under the 310 permits section to help with proper permitting.  Or reach out to us if you are unsure if your project is applicable, and if it is near a perennial stream.  Together we can keep our streams healthy and flowing and ensure natural vegetation is restored in disturbed areas.