document is transcribed from the Montana DNRC website at:
INFORMATION FOR APPLICANT
(For 310 Permit Application)
JOINT APPLICATION FOR PROPOSED
WORK IN MONTANA’S STREAMS, WETLANDS, FLOODPLAINS, AND OTHER
INFORMATION FOR APPLICANT
Please read carefully.
Review “A Guide to Stream Permitting in Montana”
to determine which permits are applicable to your project.
This guide is available from all participating agencies and
on line at
Please note: permits may be required from other agencies
than those listed on this form. You must apply to those
agencies on separate forms if the law applies.
2. Attach a
plan or drawing to the application. Some agencies require
that this be provided by a professional engineer or other
3. Keep in
mind that you will be required to design your project in a
manner that minimizes impacts, including sedimentation and
erosion during and after project construction. Your project
must be designed to preserve and protect the river or stream
keeping it in as natural condition as possible. Contact
agencies to find out if specific criteria apply to your
4. It is
recommended that you do not purchase materials for project
construction until all permits are issued. The size and
type of materials may be modified during the permitting
5. You will
need a project site legal description and a site map. You
may obtain land descriptions by contacting the county
assessor or clerk and recorder office. Aerial photographs
sometimes may be obtained by contacting your local
conservation district, or if you have the internet, you may
obtain photos of the project site through the state’s
natural resource inventory system (www.nris.mt.gov),
or through a mapping website such as map quest or google
6. Know that
vegetation is important to the stability and health of the
stream. Vegetation removal must be kept to a minimum and
bare ground must be replanted. Weeds must be controlled in
the area until vegetation is established.
prevent the spread of aquatic invasive species, use clean
equipment. Make sure your equipment is free of weeds, weed
seeds, and excess grease before using it in a waterway.
Clean mud and aquatic plants from heavy machinery or other
equipment before moving between waters and work sites. Drain
water from machinery let dry before moving to another
location. The following website shows waterbodies that are
known to be infested with invasive species:
8. For a
reference guide, most participating agencies have copies of
a notebook entitled “Montana Stream
Permitting: A Guide for Conservation District Supervisors
that contains information about stream
and describes various options for projects. The book is
also available on DNRC’s website:
HOW TO APPLY:
The joint application form can be used to obtain permits
from the local, state, and federal agencies listed in the
box below. The
box below describes the joint application participants and
the permits covered; contact information; application
procedures; time frames; and fees.
completing this form, send the required number of copies,
with original signatures,
to each applicable agency. Each agency issues separate
permits. You must obtain individual authorizations or
permits from each agency to which you apply before
conducting your work.
listed are for information only. Contact the responsible
agency for information about fees.
WHO MUST APPLY
agency contacts / addresses and additional
Private citizens and
companies working in or near perennial streams.
three copies of application, maps, and plans to
conservation district. To locate local office, call
MT Assoc. of Conservation Districts (406) 443-5711
or Conservation Districts Bureau, DNRC (406)
444-6667; or visit
30 – 60 days
SPA 124 Permit
Governmental entities working in any stream.
Department of Fish, Wildlife & Parks (DFWP)
a set of preliminary plans or sketches with
application. To locate appropriate office, call DFWP
in Helena (406) 444-2449. For projects sponsored by
DOT, send two sets of plans to Helena DFWP, Box
200701, Helena, MT 59620-2701.
new construction within designated floodplains.
City or County
required local, state, and federal permits must be
issued before a floodplain permit can be issued. An
applicant may be required to hire a professional
engineer. Prior to submitting this application
form, contact the local floodplain administrator at
the city or county office. To locate the
appropriate office, contact DNRC Water Resources
Division (406) 444-0860 or visit:
Varies city or
county. Inquire locally. ($25 - $500+)
Section 404 Permit
Applicants working in any
stream and in wetlands.
Section 10 Permit
on Yellowstone, Missouri, or Kootenai Rivers or
U.S. Army Corps of
one copy of application plus a set of construction
plans or sketches of the proposed project, if
available. See special signature requirements
following “Information for Applicant”. US Army Corps
of Engineers, 10 West 15th Street Suite
2200, Helena MT 59626; (406) 441-1375.
30 - 120 days
($0 - $100)
will be contacted if fee applies.
cause temporary turbidity in any state water.
Applies only for work carried out in water.
Activities that may
adversely affect state water quality standards.
Montana Department of Environmental Quality (DEQ)
Montana Department of Environmental Quality (DEQ)
send this form directly to DEQ if applying for a 310
or 124 permit.
You will be notified if you must apply directly to
DEQ during the 310 or 124 permit review. If you are
not applying for a 310 or 124 permit, apply directly
to DEQ with $250 fee enclosed. Dept. of
Environmental Quality, Permitting and Compliance
Division, Water Protection Bureau, Box 200901,
Helena MT 59620-0901; (406) 444-3080.
on the type of 404 permit you may have obtained from
the U.S. Army Corps of Engineers, a 401 Water
Quality Certification of that 404 permit by DEQ
might be necessary. To determine if a 401
Certification is necessary, contact the U.S. Army
Corps of Engineers (406) 441-1375 or DEQ (406)
30 days after
application and fee are received.
$250 ( 318)
$400 - $20,000 (401)
Land Use License/Lease/
Projects in, on,
under, or over navigable waters.
Department of Natural Resources and Conservation
Additional fees, a land survey, and other
information will be required. Contact the local
DNRC land office for information about whether a
waterway is navigable. To locate appropriate Land
Office, call (406)
License – up to 60
days. Lease or Easements – up to 90 days.
$50, plus additional
INSTRUCTIONS FOR FILLING OUT THE JOINT APPLICATION:
The sections indicated below
correspond with sections on the application form. Sections
A, B, and C must be completed for all applications. Section
D is to be completed only if you are applying for a
Floodplain Permit, Section 404 Permit, or Section 10 permit.
The applicant must possess the authority to undertake the
work described in the
application or to act as the duly authorized agent of the
applicant is the responsible party for the project and the
main point of contact for permitting questions, scheduling
inspections, and other project details. The landowner’s
name and address is required if different from the
applicant. If a contractor will be used to do the work,
provide the contractor’s name and contact information. Be
aware that the issuance of any permit does not give
permission to carry out a project on land that is not owned
by the applicant. The applicant has the duty to secure
necessary landowner authorization.
B. PROJECT SITE
information is required to locate the site and the water
body where the work will be completed. If it is not clear
how to get to the site, be sure to include written
directions. Attach an additional sheet or site map that
clearly shows the project location and any identifying
landmarks. Geocodes help locate the property where the
project will be constructed and are available online at:
Leave the Geocode line blank if you don’t have access to the
DNRC at 406-444-2074 to determine if your project will be
conducted on a state navigable waterway. If so, a copy of
this application must be mailed to DNRC’s Trust Land
Management office along with the non-refundable $50
application fee. You can call any local Land Office or the
number listed above.
C. PROJECT INFORMATION.
This section provides space for you to describe your project
and the steps you will take to minimize impacts. Projects
must be constructed in a way that minimizes impacts to the
water body and that keeps rivers and streams in as natural
state as possible. Some agencies and conservation districts
may require you to follow specific standards for project
design, materials used, or re-vegetation.
Type of Project. Check all boxes that apply to the proposed
work. If your project type is not listed, check “Other” and
describe what type of project you are proposing.
sure to attach a plan or drawing that includes the
information requested. Your application will be rejected if
project plan or drawing is not provided.
3. Annual Maintenance.
Conservation districts may authorize minor maintenance
activities for up to ten years. If the proposed work will
be conducted each year, check this box and attach an annual
plan of operation. An annual plan of operation must include
the nature and extent of work to be conducted each year. It
should also include, at minimum, a detailed description of
the work to be done, the timing of the work proposed, and
the amount of streambed materials to be removed or
disturbed, as well as other information required by the
district. If the conservation district authorizes an annual
maintenance permit, you still may be required to seek
approval from other agencies each year prior to doing work.
4. Proposed Construction
Date. The timing of construction is an important factor in
determining impacts to water quality, fish, and aquatic
life. Authorizations/permits may contain timing
restrictions on construction activities. Note when you plan
to start work and how long it will take to complete. Keep in
mind it can take 30-120 days or more after an application is
complete to receive permits needed to begin your project.
Purpose. Describe the need and purpose of the proposed
work. What will it be used for and why?
6. Brief Description.
Describe briefly what you propose to do and how you plan to
construct it. Other places in the application will allow
for more detailed information.
7. Current Condition.
Describe the current condition of the site. Include the
bank condition, slope, and height of bank. Note structures
such as riprap, dikes, bridges, irrigation facilities, road
crossings, or homes that are near the site. Also include a
description of any nearby wetlands that may be disturbed as
a result of the proposed project. You may provide photos in
addition to the description.
8. Project Dimensions.
Generally describe the impact area of your project and
provide dimensions of your project, including linear feet,
distance the work will encroach into the water body, as well
as extend away from the water body. Use the high water mark
as a point of measure. If you are unsure of the high water
mark or it isn’t applicable to the project, specify another
point of measure.
9. Vegetation. Vegetation
is important for bank stability and maintaining water
quality. Agencies require that only the vegetation
necessary to conduct the work be removed. Describe the
vegetation at the site (woody trees and shrubs, grasses,
weeds, etc.) and how much will be disturbed or covered with
fill material during project installation. Reseeding and
replanting all disturbed areas of the project site is
usually required. Describe, in detail, your plan to
re-vegetate the area.
10. Materials. What
materials are going to be used for your project? Where were
they obtained? How much are you planning to use? All
materials used must be of adequate size and dimension for
the project and be free of pollutants. If streambed or
other materials are removed from the bed of a stream, they
must be removed from the area so they don’t reenter the
stream. When possible, choose materials that are natural to
the area to construct your project. It is recommended that
you do not purchase materials until all permits are issued
because the size and type may be modified during the
11. Equipment. List all
equipment that will be used for construction of the
project. How will the equipment be used on the bank and/or
in the water body? Make sure your equipment is clean and
free of weeds, weed seeds, and excess grease before using it
in the waterway. To prevent the spread of aquatic invasive
species, to the extent practical, remove mud and aquatic
plants from heavy machinery and other equipment before
moving between waters and work sites, especially in waters
known to be infested with aquatic invasive species. Drain
water from machinery and let machinery dry before moving to
12. Describe planned
efforts to minimize project impacts. Consider the impacts
of the proposed project, even if they are temporary. All
projects create impacts. Projects must be designed and
constructed in a manner that minimizes impacts and keeps
natural rivers and streams in as natural a state as
possible. Use the space provided to describe what you plan
to do to minimize the impact of the proposed project during
and after construction. Examples would include using
sediment fences along the bank or below the proposed work,
installing coffer dams to direct flow away from the project
area, constructing fish friendly diversions or stream
crossings, protecting existing vegetation or re-vegetating
disturbed areas, timing of the project, designing projects
that fit into the natural area, minimizing disturbance to
the area, or selecting carefully the sites and methods used
to construct the project, including practices that avoid
spreading of aquatic invasive species.
13. Project Benefits.
Describe anticipated natural resource benefits that will
occur as a result of your project, such as improved water
quality, improved riparian vegetation, improved fish
Alternatives. List other projects you considered before
selecting the project for which you are applying. Describe
the reason why you chose the project you selected.
For 310 applicants only:
The criteria listed below will be
used by an inspection team and the conservation district in
reviewing your application. In addition to filling out this
question, during the review process, you may be requested to
provide more specific information about the alternatives you
considered. The kind of information that may be requested
from you may include, but is not limited to:
reasonable alternatives that may have been considered prior
to selecting the project described in the application.
b. Costs of
c. Impacts of
the alternatives, including:
Sedimentation and/or erosion.
Stream channel alterations.
Disturbance to vegetation.
Water quality changes (during and after construction).
Stream flow changes.
and aquatic habitat.
Changes to the natural condition of the area.
D. ADDITIONAL INFORMATION FOR
SECTION 404, SECTION 10, AND FLOODPLAIN PERMITS ONLY.
Information in Section D is
specific to Section 404, Section 10, and Floodplain
permits. Answer Questions 1-3 if you are applying for a
Section 404 or Section 10 permit from the US Army Corps of
Engineers. Answer Questions 3-6 if you are applying for a
Floodplain Permit from the local floodplain administrator.
(Question 3 is required for both.)
1. See definitions listed
below for aquatic areas, wetlands, fill material, ordinary
high water mark, waters of the US, and for information on
how to calculate materials and impacted areas.
2. Provide a brief
explanation of avoidance, minimization, and compensation
describing how impacts to waters of the United States are
being avoided and minimized on the project site. Also
provide a brief description of how impacts to waters of the
United States will be compensated for, or a brief statement
explaining why compensatory mitigation should not be
required for those impacts. See definition of compensatory
3. Attach a list of
adjacent property owners and their mailing addresses. This
includes properties adjacent to and across from the project
site. Be advised that many communities require a certified
adjoining property owner list. (You can get this
information from the community’s planning/zoning/GIS office
or through a title company). At its discretion, the
permitting agency may contact these landowners.
4. For floodplain permits,
all local, state, and federal permits must be in place
before a floodplain permit can be issued. Provide copies of
each issued, waived, denied, or pending permits.
5. If your project site is
in a designated floodplain, the waterway should have a Flood
Insurance Study (FIS) and/or floodplain map number (FHBM,
FIRM, DFIRM). Contact the local floodplain administrator to
obtain this information.
6. Check with the local
government to see if special planning or zoning regulations
(but are not limited to) rivers, streams, creeks, lakes,
reservoirs, wetlands, wet meadows, oxbows, and sloughs.
Named and unnamed drainages that flow intermittently, as
well as streams with perennial flow, are aquatic areas
(waters of the United States).
material that is excavated or dredged from waters of the
United States, including material removed or excavated from
wetlands, lakes, ponds, streams, and other waters.
to rock, sand, soil, or any material that replaces an
aquatic area with dry land, or changes the bottom elevation
of a water body. Prohibited fill material includes junk
metal, car bodies, construction debris, trash, etc.
means avoiding and/or minimizing impacts to aquatic areas,
and compensating for unavoidable impacts. Compensatory
mitigation refers to replacing aquatic resources that
have been lost, with similar aquatic resources.
Compensatory mitigation may include creating new, restoring
degraded, or enhancing existing aquatic areas.
the United States
includes the area below the ordinary high water mark of
stream channels and lakes or ponds connected to the
tributary system, and wetlands adjacent to these waters.
Isolated waters and wetlands, as well as man-made channels,
may be waters of the United States in certain circumstances,
which must be determined on a case-by-case basis.
include areas that are inundated or saturated with water
long enough to support vegetation typically adapted for life
in saturated conditions. Wetlands are generally determined
on a site-by-site basis. If you are not sure whether a
wetland will be impacted by your proposed project, contact
the Corps of Engineers.
calculate impacted area,
measure the length and width that the fill material will
occupy. Length x width = area, usually expressed in square
feet, square yards or acres. If your project involves a
stream, measure the length of bank that will be affected on
both sides of the stream.
calculate the volume of material,
measure the length, width, and depth of the fill material.
Length x width x depth = volume, usually stated in cubic
feet or cubic yards.
REQUIRED FOR FLOODPLAIN PERMIT APPLICATIONS ONLY:
Provide the following on
separate sheets and attach to the floodplain permit
application copy of the joint application.
A detailed site plan of the proposed project, drawn
to scale, showing the following:
Property boundary lines of the subject property and
those in the immediate vicinity of the proposed project;
Approximate location of all floodplain boundaries in
the vicinity of the proposed project as depicted on the
floodplain maps mentioned above;
Location of the existing improvements in the vicinity
of the proposed project, including driveways, roads,
culverts, bridges, buildings, wells, septic systems, other
Location of all existing physical features in the
vicinity of the proposed project, including ponds, swales,
streams, and irrigation ditches;
Location and dimensions of all proposed improvements,
including driveways, roads, culverts, bridges, ponds,
buildings, wells, and other structures;
Location for all fill proposed to be placed into the
A statement specifying the type of material and total
amount of the fill proposed to be placed within the
floodplain along with supporting calculations.
Certain projects may require an licensed Montana
engineer to design to the following criteria:
The project can withstand a 100-year flood event;
The project will not adversely affect surrounding
landowners upstream, downstream, across stream, or adjacent
to the proposed project area;
The effect of the proposed project on the 100-year
base flood elevation.
*If you are a landowner
submitting this application and proposing to undertake a
project on your own behalf on your own property, please sign
and date both the “Signature of Applicant” and “Signature of
*If you are an applicant,
other than the owner of the site, submitting this
application and proposing to undertake a project, sign and
date the “Signature of Applicant” only.
*If you are a
acting as an agent on behalf of a landowner, or applicant,
please sign and date only the line designated “Signature of
Agent” and indicate your title. The applicant/landowner
must sign and date the “Signature of Applicant” and
“Signature of Landowner” lines to indicate authorization for
you to act on his/her behalf.
*If a utility company
submits this application,
a representative of the company should sign and date the
“Signature of Applicant” line. Landowner signatures are not
*It is the applicant’s
responsibility to obtain landowner permission to do work
on land not owned by the applicant.
For 310 permit applicants
only: If you
disagree with the conservation district’s decision to
approve, modify, or deny your permit, you may request
arbitration to settle the dispute, or you may seek judicial
review in district court. The conservation district will
provide you with more information with their permit
If you disagree with the
conservation district jurisdictional issues, and wish a
formal decision from the conservation district, you should
petition the conservation district for a declaratory ruling
(see 75-7-125, MCA, for more information). If this petition
is submitted while you have a pending application before the
conservation district, you should ask for an extension of
time while the conservation district is processing the
declaratory ruling petition.