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G. Montana Land-use License of Easement on Navigable Waters
Who Must Apply
Any entity proposing a project on lands below the low water mark of navigable waters.
Activities Requiring a Permit
The construction, placement, or modification of a structure or improvements in, over, below, or above a navigable stream. If in doubt, contact the Department of Natural Resources and Conservation Land Office with jurisdiction over the project area for a determination of the navigability of the stream. If an applicant receives a 310 permit, the following activities do not apply under this section: riprap and bank stabilization projects; temporary gravel irrigation dams; river barbs under 40 feet or 10 percent of channel width; excavations of less than 10 cubic yards of river bed load accumulation; tree and debris removal not associated with a timber sale; repair and maintenance of existing irrigation structures, and irrigation pump sites; installation and maintenance of floating irrigation pumps; boat ramps, wharves, and docks.
This permit program does not apply to mining activities in navigable streams or lakes.
Purposes of the Law
• To protect riparian areas and the navigable status of the water body.
• To provide for the beneficial use of state lands for public and private purposes in a manner that will provide revenues without harming the long term capability of the land or restricting the original commercial navigability.
Who Administers the Law
Department of Natural Resources and Conservation (DNRC).
Application Procedure/Timeline
A DNRC land use license or easement application, along with the nonrefundable application fee and the Application for Licensing Structures & Improvements on Navigable Water Bodies (Form DS 432), must be submitted to the appropriate Land Office, located in Kalispell, Missoula, Helena, Lewistown, Billings, or Miles City. DNRC staff will review the application, conduct a field investigation if necessary, and file an environmental action checklist. A written report and recommendation is then submitted to the Special Use Management Bureau in Helena, which makes the final determination and recommends stipulations as necessary. A Land Use License can normally be reviewed, approved, and issued within 60 days upon the payment of the $25 application fee and a minimum annual rental fee set by the department. The license may be held for a maximum period of 10 years, with the ability to request renewal for an additional 10 years. An easement requires approval from the Board of Land Commissioners, which normally takes up to 90 days. The current easement application fee is $50, with an additional easement fee that varies based upon 50 percent of the appraised value of the adjoining property. Joint application participant-see Permitting Tips.
For more information contact:
DNRC Land Office or Special Use Management Bureau Department of Natural Resources and Conservation
1625 Eleventh Avenue
P.O. Box 201601
Helena, MT 59620-1601
(406) 444-2074
http://dnrc.mt.gov//trust/MMB/NAVWATERSLIST2CONNIE.pdf
