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) 297-2233, fax us at (406) 296-7188 or stop by at the U.S. Forest Service Office, 949 U.S. Highway 93 North, Eureka to pick up an application. Applications can also be accessed on this website under “Permitting” “Applications”.
What if I have an emergency?
If you find yourself needing to take emergency action to safeguard life or property, you can take action prior to submitting a permit. Within 15 days of the activity you must notify the Lincoln Conservation District of the action taken.
Eureka area after business hours: (406) 882-4610
Libby/Troy area after business hours: (406) 291-3609
The emergency action will be reviewed by the Conservation District. The District will decide whether the action was 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 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.