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Law > Process > Examples > Application > Instructions
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 river on 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 perennial streams 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. The Lincoln Conservation District administers the 310 Law within Lincoln County.
How long does the process take?
The permitting process takes 30 to 90 days. The Lincoln Conservation
District Board meets once a month on the third Wednesday. All decisions
on 310 Permits are made at these meetings, which are open to the
public.
What does a 310 permit cost? How do I obtain one?
There is no fee for a 310 Permit. For stream activities within Lincoln
County contact us by calling (406) 296-2233, click
here to email us, fax us at (406) 296-2455 or stop by at 655
U.S. Highway 93 North to pick up an application. Applications can
also be found online. (Click
here)
What if I have an emergency?
There is a provision in the 310 Law to handle actions necessary to safeguard life 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. The emergency action will be reviewed by the Conservation District. The District will decide whether the action was appropriate, must be notified, 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 conduct activities 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 penalty not to exceed $500 per day for each day the person continues to alter the stream. In addition, at the discretion of the court, the person may be required to restore the damaged stream as recommended by the District supervisors to as near its prior condition as possible.
Law > Process > Examples > Application > Instructions
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