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E. Federal Rivers and Harbors Act (Section 10 Permit)

Who Must Apply

Any person, agency, or entity, either public or private, proposing any alteration of, or any construction activity in, on, under, or over any federally listed navigable water of the United States.

Activities Requiring a Permit

The construction of any structure in or over any federally listed navigable waters of the United States, the excavation from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters. Navigable waters in Montana are the Missouri River from Three Forks downstream to the Montana North Dakota border, the Yellowstone River from Emigrant downstream to its confluence with the Missouri River, and the Kootenai River from the Canadian border downstream to Jennings, Montana.

Purpose of the Law

To protect the quality and quantity of navigable waters of the United States.

Who Administers the Law

The U.S. Army Corps of Engineers (Corps).

Application Procedure/Timeline

Applications must be submitted to the Corps for review. Permit authorization varies depending on the size and scope of the intended project.

Activities that meet the conditions for a Nationwide Permit or Letter of Permission may be approved in 10 to 45 days. Individual Permits require more extensive review and require a public notice period. Application fees for Individual Permits may vary from $10 for private individuals to $100 for commercial applicants. Do not send money with the application. Applicant will be notified if a fee applies. Joint application participant - see Permitting Tips section.

For more information, contact:

U.S. Army Corps of Engineers
10 West 15th Street, Suite 2200
Helena, MT 59626
(406) 441-1375
http://www.usace.army.mil/public.html#Regulatory