State Mandated Stream Permitting
The 310 Law, or the Natural Streambed and Land Preservation Act of 1975
Any work which may impact the bed or banks of a perennially flowing stream in Lewis and Clark County will require a permit from the Conservation District. Included in our jurisdiction is the Missouri River, as well as the “run of the river” reservoirs that are part of the Missouri River.
At LCCD we consider the 310 permitting process to be more than just issuing permits. It’s more “value-added”, with the opportunity to share our experience and the experience of the FWP Biologists collaboratively involved in the review process to result in better projects with less stream impact.
If you have any further questions or if you are ready to get your project underway please contact the Lewis and Clark Conservation District. If you do not obtain a permit you may be subject to fines and will likely be required to complete mitigative work to repair–sometimes at significant cost–the work done without a permit or beyond the scope of your permit.
Dos and Don’ts of Stream Permit Applications
- DO get a permit from the Conservation District and other permitting agencies prior to starting your project
- DO consider how your proposed activity will affect those up and downstream from your project
- DO consider other alternatives to your proposed project
- DO work with permitting agencies at on-site inspections
- DO get your permit application in early-the process takes around 30-45 days once your application is submitted, and may take longer depending on the need for site inspections
- Don’t proceed without a permit
- Don’t go beyond the bounds of your permit
A word of caution: Beaver dam removal IS considered a 310 project by Lewis & Clark Conservation District and DOES require a permit. In addition, for ANY project, you must have permission from the landowner(s) even if you have an easement.