document is transcribed from the Montana DNRC website at:
INFORMATION FOR APPLICANT
(For 310 Permit Application)
Project Review Process
Notices of proposed project must be submitted on the
for proposed work on streams to the conservation district in
which the activity will take place. A
is always sent with 310 Permit Application forms to provide
clear instructions for their completion. The conservation
district may reject applications that are not complete.
Upon acceptance of permit application, the district will
notify the applicant if an inspection of the proposed
project site will be conducted. As the applicant, you (or
your representative) are entitled to be a team member for
the purposes of making recommendations to the district.
Other team members include a Department of Fish, Wildlife
and Parks representative and a conservation district
representative. Team members may waive participation in the
on-site inspection. If no inspection is conducted, the
district may proceed with the application and the applicant
will be notified of their decision.
After an inspection is conducted, team members make
recommendations to the district. The applicant can waive
participation, submit this form jointly with other team
members (if in agreement with their recommendations), or
submit a separate form.
Applications will be reviewed to determine if the project
will be accomplished by reasonable means using the following
1) The effects of 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
proposed project; 6) whether the proposed project will
create harmful flooding or erosion problems upstream or
The district will make their decision to approve, modify, or
deny the project within 60 days of acceptance of your
application. However, this time period can be extended if
the district determines it necessary to collect further
information. After you receive the supervisors' decision,
you have 15 days to return the permit, signed to indicate
your intent to proceed. Unless otherwise stated on the
supervisors' decision form, you must wait 15 days before
proceeding with your project.
General Project Considerations
1. The applicant must provide sufficient information for the
district to make a reasonable determination to approve,
modify, or deny a project. All information requested on the
application form must be provided.
2. Projects must be designed and constructed using methods
that minimize: a) adverse impacts to the stream, both
upstream and downstream; and (b) future disturbance to the
3. All disturbed areas must be managed during construction
and reclaimed after construction to minimize erosion.
4. Temporary structures used during construction must be
designed to handle high flows reasonably anticipated during
the construction period. Temporary structures must be
completely removed from the stream channel at the conclusion
of construction and the area must be restored to a natural
or stable condition.
5. Channel alterations must be designed to retain original
stream length or otherwise provide hydrologic stability.
6. Streambank vegetation must be protected except where
removal of such vegetation is necessary for the completion
of the project. When removal of vegetation is necessary, it
must be kept to a minimum.
7. Riprap, rock, or other material used in a project must be
of adequate size, shape, and density and must be properly
placed to protect the streambank from erosion.
8. The district may:
a. limit the time and duration of construction to minimize
impacts to the stream or associated aquatic life;
b. require the applicant to submit engineering designs when
in the district's judgment the project's complexity requires
a greater assurance of project stability to minimize impacts
to the stream;
c. require the applicant to provide project completion
documentation, which may include photographs.
9. Unless specifically authorized by the district, the
following activities are prohibited:
a. the placement of road fill material in a stream;
b. the placement of debris or other materials in a stream
where it can erode or float into the stream;
c. projects that permanently prevent fish migration;
d. operation of construction equipment in a stream; and
e. excavation of streambed gravels.
Individual districts may require additional information. For
more information, contact the conservation district in which
the project will be conducted or contact the Department of
Natural Resources and Conservation, Conservation Districts
Bureau, Box 201601, Helena, Montana 59620-1602,