310 permit guide for the missoula conservation district

8/3/2019 310 Permit Guide for the Missoula Conservation District

http://slidepdf.com/reader/full/310-permit-guide-for-the-missoula-conservation-district 1/6

MISSOULA CONSERVATION DISTRICT 3550 Mullan Road, Suite 106, Missoula, MT 59808 (406)829-3395

What is a 310 Permit? Montana’s Natural Streambed and Land Preservation Act, also known as the 310 Law,is a state law which requires that any person planning to work in or near a year-round (perennial) stream or riveron private or public land must first obtain a 310 Permit from the local conservation district.

What is the purpose of the 310 Law? The purpose of the 310 Law is to insure that projects on perennialstreams will be carried out in ways that are not damaging to the stream or to adjoining landowners.

Who administers this law? Conservation Districts throughout Montana administer the 310 Law. See map on back page. The Missoula Conservation District administers the 310 Law within Missoula County.

How long does the permitting process take? The permitting process takes 30 to 90 days. The permit is validfor one year. The Missoula Conservation District Board meets once a month on the second Monday. Alldecisions on 310 Permits are made at these meetings, which are open to the public.

How does the permitting process work?

1) Application Process

All information requested on the 310 application along with a plan and/or drawing of the proposed project and asite map must be provided. Incomplete applications may be rejected. Applications are reviewed and accepted at

the monthly District meetings. After a project is accepted, Montana Fish Wildlife and Parks is notified of the proposed project and may request an on-site inspection.

2) Site Inspection Process

A team consisting of a District representative, a Montana Fish, Wildlife and Parks representative and thelandowner or landowner’s representative will meet to discuss the project on site. The applicant or their representative is entitled to be a team member for the purposes of making recommendations to the District.Team members may waive participation in the on-site inspection.




After an inspection is conducted, team members make recommendations to the District at a regular meeting.The applicant can waive participation, submit a team member report jointly with other team members (if inagreement with their recommendations), or submit a separate report.

If no inspection is required, the District may proceed with the application and the applicant will be notified of

its decision.

3) Decision Process

The District will decide whether to approve, modify, or deny the project within 60 days of acceptance of theapplication. However, this time period can be extended if the District determines it necessary to collect further information. After receiving the supervisors’ decision, the applicant has 15 days to return the permit, signed toindicate agreement with the District’s decision. Unless otherwise stated on the supervisors decision form, theapplicant must wait 15 days before proceeding with the project.

Considerations that must be addressed by the District in making their decision:

1) The effects on soil erosion and sedimentation, considering the methods available to complete the

project and the nature and economics of the various alternatives;

2) the effects of stream channel alteration;

3) the effects on streamflow, turbidity, and water quality caused by materials used or by removal of

ground cover;

4) the effects on fish and aquatic habitat;

5) whether there are modifications or alternative solutions that are reasonably practical that would

reduce the disturbance to the stream and its environment and better accomplish the purpose of the

project;

6) whether the proposed project will create harmful flooding or erosion problems upstream or

downstream.

What does a 310 Permit cost? What do I have to do to get one? There is no fee for a 310 Permit. For stream activities within Missoula County contact the Missoula Conservation District by calling (406) 829-3395;E-mailing [email protected]; Fax – (406) 829-3455 or stop by at 3550 Mullan Road, Suite 106 to pick upan application. Applications can also be found on the Missoula Conservation District web site:www.missoulacd.org or DNRC web site: www.dnrc.state.mt.us/cardd/jointapplinfo.html .

What if I have an emergency? There is a provision in the 310 Law to handle actions necessary to safeguardlife or property, including growing crops, during periods of emergency. If a person takes an emergency action,

the Conservation District must be notified within 15 days in writing of the action taken and why. Theemergency action will be reviewed by the Conservation District. The District will decide whether the actionwas appropriate, must be modified, or must be removed and/or replaced.

What happens if I don’t get a permit? It is a misdemeanor to initiate a project without a permit; to conductactivities outside the scope of the permit, to violate emergency procedures or to use prohibited materials in a project. Upon conviction of a misdemeanor, a person may be punished by a fine up to $500 or by a civil penaltynot to exceed $500 per day for each day the person continues to alter the stream. In addition, at the discretion ofthe court, the person may be required to restore the damaged stream as recommended by the District supervisorsto as near its prior condition as possible.

http://www.missoulacd.org/

http://www.dnrc.state.mt.us/cardd/jointapplinfo.html


http://www.missoulacd.org/





See Attached List of Permitting Agencies




Examples of Prohibited Activities

Unless specifically authorized by the board, the following activities are prohibited:

(1) the placement of concrete in a stream as rock riprap;

(2) the placement of road fill material in a stream;

(3) the placement of debris or other material in a stream where it may erode or otherwise enter the

stream;

(4) projects that permanently prevent fish migration;

(5) removal of streambank vegetation within the immediate banks of the stream, unless necessary for

completion of the permitted project;

(6) excavation of streambed gravels;

(7) construction of an in-stream pond.

construction of in-stream pond, clearing stream vegetation unauthorized debris dumping, concrete riprap, fill in stream

permanent fish barrier (perched culvert) clearing vegetation within immediate banks of stream




List of Permitting Agencies

Natural Streambed & Land Preservation Act (310)

Missoula Conservation District3550 Mullan Road, Suite 106Missoula, MT 59808

(406) 829-3395Fax: (406) 829-3455Email: [email protected] page: missoulacd.org

Stream Protection Act (SPA 124)

Montana Fish Wildlife & Parks3201 Spurgin RoadMissoula, MT 59804(406) 542-5500

Floodplain Permit

Missoula County Floodplain Administrator – Todd Klietz435 RymanMissoula, MT 59802(406) 258-4657

Section 404/Section 10 Permits

Army Corps of Engineers10 West 15th Street, Suite 2200Helena, MT 59626(406) 441-1375Fax: (406) 441-1380

318 Authorization

Water Protection BureauDepartment of Environmental Quality1520 East Sixth AvenuePO Box 200901Helena, MT 59620-0901Jeff Ryan (406)-444-4626 or Tom Reid (406)-444-5310

Navigable Rivers Land Use License/Easement

Special Use Management Bureau

Department of Natural Resources and ConservationDana Boruch1401 27th Ave.Missoula, MT 59804(406)-542-4286

Shore Line Protection

S & K Tribal ComplexPO Box 278Pablo, MT 59855(406) 675-2700

mailto:[email protected]

mailto:[email protected]

310 permit guide for the missoula conservation district

Documents