Permit Information
Stream Alteration Permit (310 Permit): Required under the Montana Natural Streambed and
Land Preservation Act. These are the most
common permits issued by local Conservation Districts for activities impacting streams
including: installation of any material on a streambank (i.e. rip rap, fencing to
stabilize slope), temporary stream crossings during low flow periods, irrigation diversion
structures, bridges etc. The person
initiating the project must complete a permit application available at all conservation
district offices prior to beginning any activity, and approval is required. Dredge and Fill Permit (404 Permit): Required under the Federal Clean Water Act. Projects that include construction, road building
and maintenance, culvert installation, stream modification, large vehicle crossing on or
near a stream, or any activity that may contribute a significant amount of
sediment, dredging or fill material to a waterbody or wetland. This permit is issued and reviewed by the US Army
Corps of Engineers and the EPA. Permit
information and assistance is available at all conservation districts. Montana Water Right Permit: Required under the Montana Water Use Act. Any
person, agency, or governmental entity intending to acquire new or additional water
rights, or to change an existing water right, must obtain a water permit. This applies to any surface water
appropriation, and groundwater appropriation over 35 gallons per minute or 10 acre-feet
per year. Water right applications are
available at county clerk and recorders offices, and all eight Water Resources
Regional Offices of the DNRC in most major Montana towns and cities. Western Montana river and lake basins are closed
to new water rights/use permits. Floodplain Development Permit:
Required under the Montana Floodplain and Floodway Management Act. Anyone planning new construction, the placement of
fill, roads, bridges, irrigation structures, homes or additions within a designated
100-year floodplain must obtain a permit from the Floodplain Management section of the
DNRC. Contact a local floodplain
administrator (in most county planning offices) within the county or the DNRC in Helena
prior to initiating the project. Septic System Permit: Required under county septic system regulations. Any person intending to construct, alter, extend,
or operate a sewage treatment and disposal system must obtain a permit from the county. Conventional systems must be 100 feet from the
100-year floodplain, and 6 feet above groundwater (Montana Association of Conservation
Districts 1997). Contact the sanitarian of
the county wherein the project is to occur before beginning installation. Other Permits: The DEQ must be contacted before mining or dam construction activities are initiated below the high water mark on any lake or stream in Montana. Also, the DEQ must be contacted before any liquid or solid is discharged into any surface or ground waterbody, or for any temporary violation of Montana Surface Water Standards. Table courtesy of Neysa King |