401 WATER QUALITY CERTIFICATION

A 401 Water Quality Certification may be required when a federally permitted or licensed project could affect Montana’s water quality standards.

AGENCY: Montana Department of Environmental Quality (DEQ)

WHO IS THIS PERMIT FOR?

A 401 Certification may apply to a project that requires a federal permit or license and may affect Montana water quality standards.
DO I NEED A 401 CERTIFICATION?

You may need a 401 Certification if your project requires a federal permit or license and could affect state water quality standards.
Whether a 401 Certification is required depends on the federal authorization involved. Depending on the type of Section 404 Permit issued by the U.S. Army Corps of Engineers, DEQ certification may also be required.
To determine whether 401 Certification is required, contact DEQ or the U.S. Army Corps of Engineers.
Contact Montana DEQ →
Learn More About Section 404 / 10 Permits →
See Examples of 401 Certification Projects →

APPLY & SUBMIT

BEFORE YOU START:

See what information, photos, plans and project details you may want to have ready.
Prepare Before You Apply →

1. COMPLETE THE JOINT APPLICATION FORM IN GILLY

Create an account, start your application and work through the required project information. Gilly saves your progress as you go.
2. SUBMIT TO MONTANA DEQ

After completing the Joint Application Form in Gilly, download it and submit the completed form and required fee to Montana DEQ.
401 Certification applications are NOT submitted through Gilly.
Learn About 401 Certification & Submission →

REVIEW:

Montana DEQ reviews the 401 Certification request to determine whether the federally permitted or licensed activity complies with state water quality requirements.
REVIEW TIME:

Varies depending on the federal permit or license and the review schedule established with the federal agency.
FEE:

$400–$20,000, depending on the project.
Fees do not apply to Conservation Districts, counties or municipalities.
ADDITIONAL PERMITS NEEDED:

A federal permit or license is associated with the 401 Certification process, often a Section 404 Permit from the U.S. Army Corps of Engineers.

401 CERTIFICATION PROJECT EXAMPLES MAY INCLUDE: