If you are planning to do work on or near a waterway in Montana, one or several permits may be required. Conservation districts, along with participating agencies, created a Joint Application Form (see below) to help reduce the number of application forms that you need to complete to get your permits. We hope that in addition to reducing paperwork, the use of the form will increase coordination and streamline the permitting process. For detailed instructions on stream permitting please read the Stream Permitting Book.
Apply for Permits
Joint Application Form
The Joint Application Form was recently updated. Click the link below for the new form.
Joint Application - 2021 Version (word) (pdf)
This form can be used for the following permits:
- Conservation District (local government) - 310 permits
- MT Fish, Wildlife and Parks (state government) - SP 124 permits
- County Floodplain Administrators (local government) - floodplain permits
- US Army Corps of Engineers (federal government) - Section 404/Section 10 permits
- MT Department of Environmental Quality (state government) - 318 (turbidity) Authorizations
- MT Department of Natural Resource and Conservation (state government) - Navigable river land use licenses and easements
What permits do I need?
Using the diagram below, determine where your project will take place: streambed, streambanks, wetlands, or floodplain. The letters in the diagram refer to the required permits listed below (A through L) and described below. 
To minimize soil erosion and sedimentation and to protect and preserve streams and rivers in their natural or existing state.
| Who Must Apply | Activities Requiring a permit | Applications Procedures/Timeline | Contact |
| Any private, nongovernmental individual or entity that proposes to work in or near a stream on public or private land. | Any activity that physically alters or modifies the bed or banks of a perennially-flowing stream. |
A person planning a project must contact the conservation district office to obtain a permit application prior to any activity in or near a perennial-flowing stream. Once an application is accepted, a team that consists of a conservation district representative; a Montana Fish, Wildlife & Parks Biologist; and the applicant may conduct an on-site inspection. The team makes recommendations to the conservation district board, which has 60 days from the time the application is accepted to approve, modify, or deny the permit. Local rules apply. A fee may apply for a 310 permit, inquire locally. Joint application participant - see Permitting Tips. |
Your Local Conservation District or Conservation Districts Bureau DNRC 1539 Eleventh Avenue, P.O. Box 2001601 Helena MT 59620-1601 (406) 444-6667 |
To protect and preserve fish and wildlife resources, and to maintain streams and rivers in their natural or existing stage.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any agency or subdivision of state, county, or city government proposing a project that may affect the beds or banks of any stream in Montana. Many federal agencies also comply either via a memorandum of understanding or general agreement. | Any project including the construction of new facilities or the modification, operation, and maintenance of an existing facility that may affect the natural existing shape and form of any stream or its banks or tributaries. | Any agency or unit of government planning a project must submit a Notice of Construction (application) to Montana Fish, Wildlife & Parks, which has up to 30 days to review the application, perform an on-site investigation, and approve, modify, or deny the application. An application must be submitted for review not less than 60 days before the intended start of construction. There is no application fee. Joint application participant -- See Permitting Tips. |
Montana Fish Wildlife & Parks Fisheries Habitat Section Fisheries Bureau 1420 East Sixth Avenue PO Box 200701 Helena, MT 59620 (406) 444-2449 |
To promote the public health, safety and general welfare of the residents and to minimize public and private losses due to flood conditions in Regulated Flood Hazard Areas. Review and permit appropriate uses, within the designated floodplain and floodway areas, that will not be seriously damaged or present a hazard to life, if flooded, thereby limiting the expenditure of public tax dollars for emergency operations and disaster relief.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Anyone planning new development within a designated Special Flood Hazard Areas (SFHA). Check with local floodplain administrator to determine whether a Special Flood Hazard Areas (SFHA) has been designated for the stream of interest. A list of local Floodplain Administrators may be found at: www.floodplain.mt.gov/contacts |
Any development including, but not limited to, placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, and excavation; new construction/development, placement, or replacement of manufactured homes; and new construction, additions, or substantial improvements to residential and commercial buildings. | Permit applications are available from the local floodplain administrator. Application fees and timelines are established by the local government and vary widely throughout the state. Joint application participant-see Permitting Tips. |
Department of Natural Resources and Conservation Floodplain Management Section (406) 444-0862
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To restore and maintain the chemical, physical, and biological integrity of the nations' water.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any person, agency, or entity, either public or private, proposing activities that will result in the discharge or placement of dredged or fill material into waters of the United States. Waters of the United States include the area below the ordinary high water mark of river and stream channels, lakes or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made ditches and channels, may be waters of the United States in certain circumstances, which must be determined by the US Army Corps of Engineers on a case-by-case basis. | Any activity that will result in the temporary or permanent discharge or placement of dredged or fill material into waters of the United States, including wetlands. Fill material includes, but is not limited to: rock, sand, soil, clay, plastics, timber, mats, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States. The term fill material does not include trash, garbage, or waste material. Dredged material is material excavated or dredged from any water of the United States. |
Any person, agency, or entity, either public or private, planning a project should submit an application 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 or Regional General Permit may be approved in 30 to 45 days. Individual Permits require a more extensive review and require a public notice period, this total review may take 120 days. Processing times for all permits may increase beyond the above guidelines if reviews are required for Listed Threatened or Endangered Species, Historical/Cultural Resources, and/or Tribal impacts. The permit fees for Individual Permits vary from $10 for private individuals to $100 for commercial applicants, and are assessed when the permit is ready to be issued. There is no fee for Nationwide or Regional General Permit authorizations. Do not send any payments with the application. Applicants will be notified if a fee applies. Joint application participant—see Permitting Tips. |
U.S. Army Corps of Engineers Montana Regulatory Program 100 Neill Avenue, (406) 441-1375 Fax (406) 441-1380 |
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| 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. |
The temporary or permanent 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. Work needing authorization includes boring or tunneling under navigable waters, suspending structures, utility lines, or other facilities over navigable waters, as well as all work within the Ordinary High Water Mark of navigable waters. Navigable waters in Montana are: the entire Missouri River from Three Forks downstream; the Yellowstone River from Emigrant downstream to its confluence with the Missouri River; and the Kootenai River from the International Border between the United States and Canada downstream to Jennings Rapids near Jennings, Montana (just upstream of Libby, MT). |
Any person, agency, or entity, either public or private, planning a project should submit an application 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 or Regional General Permit may be approved in 30 to 45 days. Individual Permits require a more extensive review and require a public notice period, this total review may take 120 days. Processing times for all permits may increase beyond the above guidelines if reviews are required for Listed Threatened or Endangered Species, Historical/Cultural Resources, and/or Tribal impacts. The permit fees for Individual Permits vary from $10 for private individuals to $100 for commercial applicants, and are assessed when the permit is ready to be issued. There is no fee for Nationwide or Regional General Permit authorizations. Do not send any payments with the application. Applicants will be notified if a fee applies. Joint application participant—see Permitting Tips. |
U.S. Army Corps of Engineers (406) 441-1375 |
To provide a short term water quality turbidity standard for construction activities. Activities must be carried out in accordance with conditions prescribed by the Department of Environmental Quality. To protect water quality. To minimize sedimentation.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any person, agency, or entity, both public and private, initiating construction activity that will cause short term or temporary violations of state surface water quality standards for turbidity. | Any activity in any state water that will cause unavoidable short term violations of water quality standards. “State water” includes any body of water, irrigation system, or drainage system, either surface or underground, including wetlands, except for irrigation water where the water is used up within the irrigation system and the water is not returned to other state water. |
A 318 Authorization must be obtained prior to initiating a project. The authorization may be obtained from the Department of Environmental Quality, or may be waived by Montana Fish, Wildlife & Parks during its review process under the Natural Streambed and Land Preservation Act (310 Permit) or the Stream Protection Act (SPA 124 Permit). Joint application participant-see Permitting Tips. |
Department of Environmental Quality Water Protection Bureau 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620-0901 (406) 444-3080 |
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 Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any entity proposing a project on lands below the low water mark of navigable waters. |
The construction, placement, maintenance, or modification of a structure or improvements in, over, below, or above a navigable river. If in doubt, contact the Department of Natural Resources and Conservation Land Office nearest to the project area for a determination of the navigability of the river. This permit program does not apply to mining, mineral, or oil and gas activities in navigable rivers. |
A DNRC Land Use License or Easement Application, along with the nonrefundable application fee, must be submitted to the appropriate Land Office nearest to the project area. DNRC staff will review the application, conduct a field investigation if necessary, and file an environmental action checklist as appropriate. A written report and recommendation is then submitted to the Real Estate 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 $50 application fee and a minimum annual rental fee. The license may be held for up to 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 a minimum of 90 days. The current easement application fee is $50, with an additional fee for the easement itself. |
Department of Natural Resources and Conservation or Real Estate Management Bureau |
To provide a permit and certificate system for water rights administration that operates within the bounds of the prior appropriation doctrine ("first in time is first in right"). A person's right to use a specific quantity of water depends on when the use of water began. The first person to use water from a source established the first right, the second person could establish a right to what water was left, and so on. To maintain a general adjudication of all existing water rights in the state. To implement a centralized record system.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any person, agency, or governmental entity intending to acquire new or additional water rights or change an existing water right in the state must apply for a water right permit or change authorization or qualify under an exemption. |
General Rule – A person must obtain a beneficial water use permit before commencing to construct new or additional diversion, withdrawal, impoundment, or distribution works for appropriation of groundwater over 35 gallons per minute (GPM) or 10 acre feet (AF) per year and for any surface water. Most Commonly Used Exceptions – Types of Water Rights and Changes Authorization to Change – Allows an appropriator with a recognized water right or a water right that was exempt from filing to change the place of use, point of diversion, purpose of use, or place of storage and maintain the priority date of the initial water right. |
Water right application forms are available at the eight Water Resources Regional Offices located in Billings, Bozeman, Glasgow, Havre, Helena, Kalispell, Lewistown, and Missoula. Forms, fee schedules, and related information are available on the web at http://dnrc.mt.gov/divisions/water/water-rights. The Department has 180 days to review the application and issue a deficiency letter and 120 days from a correct and complete application determination to issue a preliminary decision at which time the application is publicly noticed for any potential objections. |
Department of Natural Resources and Conservation Water Rights Bureau 1424 Ninth Avenue, |
To provide water for existing and future beneficial uses of water. To maintain a minimum flow, level, or quality of water.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any governmental entity may apply to reserve water for existing or future beneficial uses or to maintain a minimum flow, level, or quality of water. Any person or entity that needs water for a new or existing development within the boundaries of a conservation district that holds a water reservation may apply to use a portion of the conservation district’s water reservation. | All beneficial uses, including such activities related to agriculture as irrigation and stockwater. A water reservation is granted for specific uses. Contact your local conservation district to determine whether it has been granted a water reservation and whether your proposed use is authorized under that water reservation. | The application for reserved water use form is available at the local conservation district office or at the Conservation and Resource Development Division’s offices in Miles City, Glasgow, and Helena. An application fee is required. Contact the local conservation district to determine the appropriate fee. |
Your local conservation district or Department of Natural Resources and Conservation Water Reservations |
To prevent degradation of surface waters from pollutants such as sediment, waste materials, industrial chemicals or materials, heavy metals, and petroleum products. To protect existing water quality. To implement and monitor the effectiveness of Best Management Practices (erosion and sediment controls, etc.) used to reduce pollutant loads.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any person, agency, or entity, either public or private, proposing a construction, industrial, mining, or other defined activity that has a discharge of storm water into surface waters. Under the authority of the Montana Water Quality Act, permit authorization is typically obtained under a Montana Pollutant Discharge Elimination System (MPDES) “General Permit”. | • Construction activity that will disturb one or more total acres including clearing, grading, and excavating activities. • A defined industrial activity that may potentially discharge storm water into surface waters. • A defined mining or oil and gas activity in which storm water will come into contact with overburden, raw material, intermediate products, finished products, or waste products located on the site of such operations (including active and inactive mine sites) and may potentially discharge to surface waters. • A defined Small Municipal Separate Storm Sewer System (MS4). |
For storm water discharges associated with construction activity, permit authorization is effective upon Department receipt of a complete Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and fee. This must be received no later than the construction activity start date. For other regulated storm water discharges, a complete Application Form, SWPPP (except for Small MS4s), and fee must be received for review at least 30 days prior to the discharge of storm water from the facility or activity. Fees vary depending on the type of permit. Contact the Department or visit the website listed below for various storm water discharge “General Permits,” Application/NOI Forms, fee schedule, and other permitting forms/information. | Department of Environmental Quality Water Protection Bureau 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620-0901 (406) 444-3080 |
To protect the quality and quantity of forest waters. To conserve the integrity of Montana's streamside zones.
| Who Must Apply | Activities Requiring a Permit | Applications Procedure/Timeline | Contact |
| Any landowner or operator conducting a series of commercial forest practices that will access, harvest, or regenerate trees on a defined land area for commercial purposes on private, state, or federal lands. |
This law prohibits the following timber harvest activities within at least 50 feet of any stream, lake, or other body of water. The Department of Natural Resources and Conservation (DNRC) must approve any exceptions to these prohibited practices.
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DNRC must be notified prior to beginning any forest practice. A request to conduct an alternative practice must be submitted to the appropriate DNRC field office. Alternative practices will require an environmental review. The request will be reviewed and an initial response issued within 10 days. | Department of Natural Resources and Conservation Forestry Division 2705 Spurgin Road Missoula, MT 59801 (406) 542-4300 |
| Laws | Contact |
Public Water Supply WatershedsRequires the submission, review, and approval of detailed plans and specifications before beginning the construction or operation of any new railroad, logging road, logging camp, or electric or manufacturing plant in a public water supply watershed. |
Department of Environmental Quality 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 |
Shoreline Protection and Aquatic Land Conservation OrdinanceApplies to all private individuals and government entities proposing to work in, over, or near any stream, river, lake, or wetland on the Flathead Reservation. |
Shoreline Protection |
County Septic System RegulationsApply to anyone proposing to construct, alter, extend, or operate a sewage treatment and disposal system. Conventional systems must be 100 feet from the 100 year floodplain and 6 feet from groundwater. Alternative designs that are 4 to 6 feet from groundwater must be approved. |
County Sanitarian |
General Mining Laws/Small Miner's Placer and Dredge OperationsApply to anyone operating a placer, dredge, hardrock, coal, sand, or gravel mine on private or public land. |
Department of Environmental Quality 1520 East Sixth Avenue P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 |
Lakeshore Protection ActApplies to all private individuals and government entities proposing to do work in or near a body of water within a county’s jurisdictional area. |
County Government Offices http://www.mtcounties.org/counties/county-information/county-websites |
Montana Dam Safety ActApplies to the construction, repair, or removal of any dam that impounds 50 acre feet or more at the normal operating pool. Construction and operation permits may be required on dams larger than 50 acre-feet. |
Department of Natural Resources and Conservation Dam Safety Program 1424 Ninth Avenue |
Montana Pollutant Discharge Elimination System (MPDES Permit)Applies to all discharges to surface water or groundwater, including those related to industrial, municipal, and other commercial discharges. In addition, several general discharge permits have been developed to streamline permitting of construction dewatering, sand and gravel operations, sewage lagoons, fish farms, animal feeding operations, disinfected water, suction dredging, and placer mining projects. |
Department of Environmental Quality Water Protection Bureau |
Montana Water Quality ActProhibits the pollution of state waters and the placement of wastes in a location where they are likely to cause pollution of any state water. |
Department of Environmental Quality 1520 East Sixth Avenue |
Fish Stocking Permit for Private Fish PondsA permit is required to stock fish in a private pond. The permit entitles the holder to stock the pond with fish from a lawful source. Applicants must verify that stocking fish does not pose an unacceptable risk to game fish or species of special concern in adjacent waters. |
Department of Fish, Wildlife and Parks Fisheries Division |
Confederated Salish and Kootenai Tribes Water Quality ProgramOrdinance 89 B prohibits pollution of Flathead Reservation waters. All projects affecting reservation waters must be permitted in accordance with tribal water quality standards. All federally permitted point source discharges require certification under Section 401 of the Clean Water Act to ensure that permit conditions will maintain tribal water quality. The tribes were delegated 401 certification authority by EPA in 1995. |
Tribal Water Quality Program Environmental Protection Division P.O. Box 278 Pablo, MT 59855 (406) 675-2700 ext. 7211 |
National Pollutant Discharge Elimination System (NPDES) PermitThe Environmental Protection Agency is the NPDES permitting agency for point source discharge permits on the Flathead Reservation. NPDES forms are available upon request from the tribal NPDES office. |
EPA Compliance Officer NPDES Program EPA Region VIII, Montana Office 301 South Park, Drawer 10096 Helena, MT 59626 0096 (406) 441-1140 |
| Permitting of stormwater discharges is also part of the NPDES program. Therefore, for all projects that may result in discharges of stormwater into reservation surface waters, submit a Notice of Intent and Notice of Completion. | Stormwater Program EPA Region VIII 999 18th Street Denver, CO 80202-2466 |
| Construction activity greater or equal to 1 acre that could potentially contribute stormwater to surface water on the Flathead Reservation requires the development of a stormwater pollution plan. The plan must be submitted to the water quality program 30 days before construction begins. | Tribal Water Quality Program Environmental Protection Division P.O. Box 278 Pablo, MT 59855 (406) 675-2700 ext. 7211 |
Water Quality Certification (401 Certification)Applies to all activities, public and private, that do not qualify for a US Army Corps of Engineers (COE) nationwide permit or general permit that results in discharge or placement of dredged or fill material into waters of the United States or work done in federally navigable rivers under the under Section 10 of the Rivers and Harbors Act (see Section E.) The COE will notify the applicant whether 401 Certification is required. Fees apply. |
Projects not on an Indian Reservation: Department of Environmental Quality Projects on an Indian Reservation: Appropriate Tribal Government or EPA Region VIII (address above) |
Stream Access in MontanaMontana State Law allows Stream Access below the high-water mark. The law states that rivers and streams capable of recreational use may be so used by the public regardless of streambed owner‑ship. It also states that certain activities require landowner permission. |
Communication & Education Division
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310 Law
The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts.
The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation and to recognize beneficial uses. Any individual or corporation proposing construction in a perennial stream must apply for a 310 permit through the local conservation district.
For more information on using the 310 Permitting Database click here:
For contact information to your local Conservation District click here:
Contact us
Questions on 310 Law?
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Hailey Graf Stream Permitting Coordinator |
Questions on other permits?
The tables above provide contact information for each permitting agency.