NAVIGABLE RIVERS LAND USE LICENSE / LEASE / EASEMENT

AGENCY: Montana Department of Natural Resources and Conservation (DNRC)

WHAT IS A NAVIGABLE RIVERS LAND USE LICENSE / LEASE / EASEMENT?

A Land Use License, Lease or Easement may be required when a project uses or affects the state-owned bed of a navigable river or stream.

It applies to certain projects in, on, under or over navigable waters and helps protect the riverbed, riparian areas and continued navigability of the waterway

  • WHO IS THIS AUTHORIZATION FOR?

    This authorization may apply to landowners, businesses, utilities, agencies or contractors proposing a structure or activity involving the bed of a navigable river.

    The type of authorization needed depends on the project and how the state-owned riverbed will be used.

  • DO I NEED A LAND USE LICENSE, LEASE OR EASEMENT?

    You may need DNRC authorization if your project involves work in, on, under or over a navigable river or stream.

    This may include:

    • Utility lines or pipelines crossing a river

    • Bridges or other structures

    • Docks or access structures

    • Intake or outfall structures

    • Bank stabilization involving the riverbed

    • Other permanent or temporary uses of the bed of a navigable waterway

    DNRC determines whether a license, lease or easement is appropriate for the proposed use.

    https://dnrc.mt.gov/licenses-and-permits/stream-permitting/

HOW TO APPLY

  • 1. COMPLETE JOINT APPLICATION IN GILLY

    1. Create an account or log in

    2. Start a new application

    3. Select Navigable Rivers Land Use License / Lease / Easement if it applies to your project

    4. Complete the required application information

    5. Save your progress and return as needed

  • 2. DOWNLOAD FROM GILLY

    • Download your completed Joint Application

  • 3. SUBMIT TO MONTANA FISH, WILDLIFE & PARKS

    After you complete it in Gilly, download the Joint Application and submit it directly to the Montana Department of Natural Resources and Conservation (DNRC).

    Navigable Rivers Land Use applications are not submitted through Gilly.

    https://dnrc.mt.gov/licenses-and-permits/stream-permitting/

OTHER DETAILS

  • FEE:

    Project dependent

    Fees or other charges may depend on the type of authorization and use of the state-owned riverbed.

  • REVIEW TIME:

    Project dependent

    Review time varies based on the type of project, completeness of the application and any additional review required.

  • ADDITIONAL PERMITS NEEDED:

    Project dependent

    A 310 Permit, Section 404 / 10 Permit, 318 Authorization, Floodplain Development Permit or other authorization may also be required depending on the project.

Navigable Waters Project Examples may include:

  • Utilities & Crossings

    Utility Crossings: Installing pipelines, cables or other utilities beneath or across a navigable river.

    Bridges & Structures: Constructing or modifying structures that occupy or cross the riverbed.

  • Water Access & Infrastructure

    Docks & Access Structures: Installing structures that extend into or over a navigable waterway.

    Intakes & Outfalls: Installing water intake, discharge or similar infrastructure involving the riverbed.

  • Streambank & Riverbed Work

    Bank Stabilization: Placing riprap or other stabilization materials where the work extends onto the state-owned riverbed.

    Temporary Construction Use: Temporary access, equipment or construction activity involving the bed of a navigable river.