MONTANA WATER-RELATED PERMITS
Review the permit types below to see which ones may apply to your project, who reviews them and how to submit each application.
Understand the Permit Process & the Joint Application Form →
Permit requirements, fees, timelines and agency procedures may change. Gilly provides general guidance based on current agency information, but the reviewing agency determines which permits and requirements apply to your project. Check with the appropriate agency for the most current requirements before beginning work.
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310 PERMIT
(private, nongovernmental work in perennial streams)
Required for private individuals and nongovernmental entities planning work that physically alters or modifies the bed or banks of a perennial-flowing stream.
SUBMISSION: Submit the completed Joint Application through Gilly
REVIEWING AGENCY: Local Conservation District
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SPA 124 PERMIT
(governmental entities working in streams)
For governmental entities working in a stream. Contractors may perform the work on behalf of the governmental entity.
SUBMISSION: Download the completed Joint Application from Gilly and submit to the reviewing agency.
REVIEWING AGENCY: Montana Fish, Wildlife & Parks
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FLOODPLAIN DEVELOPMENT PERMIT
(development within a designated floodplain)
May be required for development within a designated floodplain.
SUBMISSION: Download the completed Joint Application from Gilly and submit to the reviewing agency.
REVIEWING AGENCY: Local City or County Floodplain Administrator
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SECTION 404 / 10 PERMITS
(streams, wetlands and navigable waters)
Section 404 may apply to projects involving fill, excavation or other work in streams and wetlands.
Section 10 may apply to structures or other work in certain navigable waters.
SUBMISSION: Download the completed Joint Application from Gilly and submit to the reviewing agency.
REVIEWING AGENCY: U.S. Army Corps of Engineers
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318 AUTHORIZATION
(temporary turbidity in state water)
May be required for construction activity in state water that causes unavoidable short-term turbidity.
SUBMISSION: 310-related projects follow Conservation District review instructions.
SPA 124-related projects follow Montana Fish, Wildlife & Parks review instructions.
Separate 318 applications are submitted directly to DEQ.
REVIEWING AGENCY: Montana Department of Environmental Quality
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401 CERTIFICATION
(federal permits or licenses involving a discharge to state waters)
May be required when a federal permit or license authorizes an activity that may result in a discharge to state waters, including wetlands.
SUBMISSION: Follow DEQ and federal agency instructions based on the permit or license involved.
REVIEWING AGENCY: Montana Department of Environmental Quality
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NAVIGABLE RIVER LAND USE LICENSE / LEASE / EASEMENT
(projects on lands below the low-water mark of navigable waters)
May be required for projects on lands below the low-water mark of a state-designated navigable waterway.
SUBMISSION: Download the completed Joint Application from Gilly and submit to the reviewing agency.
REVIEWING AGENCY: Montana Department of Natural Resources and Conservation
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EMERGENCY STREAM WORK
For emergency work taken immediately to protect life, property or crops when there is not time to obtain a 310 Permit first. Emergency work must be reported to the local Conservation District afterward. -
REPORT A 310 VIOLATION
Use Complaint 274 Form to report suspected unauthorized work or activity that may be affecting the bed or banks of a perennial stream.
REPORT A 310 VIOLATION →