Whats permits do I need?

Floodplain Permit

To protect and preserve fish and wildlife resources, and to maintain streams and rivers in their natural or existing stage.

Who must apply?

Applicants proposing new construction within designated floodplains must apply.

Which agency?

City or County Floodplain Administrator

Contact information

All required local, state, and federal permits associated with new construction must be issued before a floodplain permit can be issued. Applicants 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: http://dnrc.mt.gov/divisions/water/operations/floodplain-management

Approximate Review Time

60 days

Associated fees

Fees vary by city or county ($25 - $500+). Fee information should be obtained from the local floodplain administrator.

Section 404 and Section 10 Permit

To restore and maintain the chemical, physical, and biological integrity of the nations' water.

Who must apply for a Section 404 Permit?

Anyone working in any stream and in wetlands

Who must apply for a Section 10 Permit?

Anyone working on the Yellowstone, Missouri, or Kootenai Rivers or their reservoirs.

Which agency?

US Army Corps of Engineers

Contact information

• 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 Landowner” lines.
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• 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.
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• If you are a contractor/agent 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.
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• 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 required.
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• It is the applicant’s responsibility to obtain landowner permission to do work on land not owned by the applicant.

Contact information

Submit one copy of your application plus a set of construction plans or sketches of the proposed project if available to the US Army Corps of Engineers, 10 West 15th Street Suite 2200, Helena MT 59626; (406) 441-1375.

Approximate Review Time

30-120 days

Associated fees

Fees vary ($0 - $100). You will be contacted if any fees apply.

318 Authorization

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?

Any activities that cause temporary turbidity in any state water require a 318 authorization. 318 authorizations are only required for work carried out in water.

Which agency?

Montana Department of Environmental Quality (DEQ).

Contact information

If you are applying for a 310 or 124 permit you will be notified during the 310 or 124 permit review process whether you must apply directly to DEQ for 318 Authorization.
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If you are not applying for a 310 or 124 permit, enclose the $250 fee with your completed form and send your application directly to the Department. of Environmental Quality, Permitting and Compliance Division, Water Protection Bureau, Box 200901, Helena MT 59620-0901; (406) 444-3080.

Approximate Review Time

30 days after application and fee are received.

Associated fees

$250

401 Certification

Who must apply?

Any activity that may adversely affect state water quality standards requires a 401 Certification.

Which agency?

Montana Department of Environmental Quality (DEQ).

Contact information

Depending 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 from DEQ might be necessary. To determine if a 401 Certification is necessary, contact the U.S. Army Corps of Engineers at (406) 441-1375 or DEQ at (406) 444-3080.

Approximate Review Time

30 days after application and fee are received.

Associated fees

$400 - $20,000

Navigable Rivers Land Use License / Lease / Easement

Who must apply?

Projects in, on, under, or over navigable waters require a Navigable Rivers Land Use License / Lease / Easement.

Which agency?

Montana Department of Natural Resources and Conservation (DNRC)

Contact information

Additional fees as well as 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 the appropriate Land Office, call (406) 444-2074.

Approximate Review Time

License – up to 60 days. Lease or Easements – up to 90 days.

Associated fees

$50, plus additional fee

Emergency 310 Form

What is the Emergency Permit Form?

There is an emergency provision in the 310 law to handle actions necessary to safeguard life or property, including growing crops, during periods of emergency. If a person takes an emergency action, the conservation district must be notified within 15 days in writing of the action taken and why.

Conservation district review:

The emergency action will be reviewed and inspected by the conservation district. The district will decide whether the action was appropriate, must be modified, or must be removed and/or replaced.

Limitations of Emergency Provisions:

The emergency provisions of the 310 Law do not apply to other permits, authorizations, or certifications that may be required for this activity.

This notification does not imply landowner permission.

Applicant Responsibilities:

The applicant is responsible for acquiring all other authorizations necessary to carry out this work and for obtaining landowner permission.