401 WATER QUALITY CERTIFICATION

AGENCY: Montana Department of Environmental Quality (DEQ)

WHAT IS A 401 WATER QUALITY CERTIFICATION?

A 401 Water Quality Certification ensures that federally permitted or licensed projects that may result in a discharge to Montana waters meet state water quality standards.

  • WHO IS THIS PERMIT FOR?

    A 401 Certification may apply to anyone who needs a federal permit or license for a project that may result in a discharge to Montana waters.

    A common example is a project requiring a Section 404 Permit from the U.S. Army Corps of Engineers.

  • DO I NEED A 401 CERTIFICATION?

    You may need a 401 Certification if your project requires federal approval and may involve work such as:

    • Placing dredged or fill material in waters or wetlands

    • Bridge or culvert construction

    • Road or utility crossings

    • Dredging or excavation

    • Bank stabilization

    • Stream channel relocation

    • Water diversions

    • Dams, weirs, dikes or levees

    DEQ determines whether Section 401 Certification is required for a particular federally permitted project.

    Not sure? If your project requires a federal permit, particularly a Section 404 Permit, check whether 401 Water Quality Certification is also required.

    More information: Montana DEQ 401 Water Quality Certification

HOW TO APPLY

  • 1. COMPLETE JOINT APPLICATION IN GILLY

    • Create an account or log in

    • Start a new application

    • Select 401 Certification under the permits that apply to your project

    • Complete the required application information

    • Save your progress and return as needed

  • 2. DOWNLOAD FROM GILLY

    • Download your completed Joint Application

  • 3. SUBMIT FOR 401 CERTIFICATION

    After completing the Joint Application in Gilly, download it and follow the submission requirements for your federal permit or license.

    Montana DEQ is the state agency responsible for 401 Water Quality Certification. A common example is a project that also requires a Section 404 Permit from the U.S. Army Corps of Engineers.

    More information: Montana DEQ 401 Water Quality Certification

OTHER DETAILS

  • FEE:

    Varies depending on the project and type of certification.

  • REVIEW TIME:

    Varies depending on the federal permit, project complexity and completeness of the application.

  • ADDITIONAL PERMITS NEEDED:

    Depends on the project.

401 Certification PROJECT EXAMPLES MAY INCLUDE:

  • Hydroelectric Power Plant Relicensing

  • Large-Scale Energy Pipelines

  • State Highway & Bridge Reconstructions

  • Industrial Mining Operations

  • Large Stream and River Restoration Projects

    Large engineered projects that significantly alter a riverbank or channel, including extensive riprap or flow redirection, may require individual 401 review.

  • MATERIAL STORAGE:

    Storage or placement of equipment, materials or other obstructions within the regulated floodplain