Montana’s Natural Streambed and Land Preservation Act, also known as the 310 Law, requires anyone planning to work in or near a year-round stream or river to obtain a permit.

Private land or public property. High or low bank. From thinning brush and trees to removal of large rocks and fallen logs. Steps or stairs to access the water. Deck builds on a stream or riverbank. Placement of fill-material in the water or on the bank.

A 310 Permit is needed and here is why.

To prevent downstream neighbors from facing issues with a project. To ensure that fisheries and river critters (otters, beavers, etc.) will not be disturbed and to be certain it does not damage the stream through erosion or flooding.

From the lip of the bank to the highwater mark, even with private property, this area carries more protection than most people imagine and it comes from years of experience, liabilities and aquatic science and biology. There is a provision in the 310 Law to handle actions necessary to safeguard life or property, including crops, during an emergency. The 310 Permit itself is free of charge but there is legwork involved before it can be submitted. And the consequences of not obtaining it before work is done could cost the person up to $500.00 per day if they are in violation and may be required to restore the damaged area.

A textbook example is almost at the end of discussion with a vote pending by the Mineral County Conservation District board of directors.

In November of last year, MMW Architects of Missoula, who are representing the River Edge Resort and Steakhouse, asked to be on the agenda of a regular MCCD meeting to show the directors a site map with plans for the project in Alberton near the Clark Fork River.

The directors have the option of approve, modify or deny the project and in this case, the bank erosion plan needed to be improved and the deck appeared too large. So, these items were modified and MMW Architects returned with new drawings and a reseeding plan for vegetation on the riverbank.

Jacob Wright, principal architect, made the presentation and explained the modifications.

“After the last vote it was discussed cutting off a portion of the deck and you can see that we removed about one third of the overall deck,” as he pointed to the slide projector.

He then explained that the civil engineer recommends the 310 permit be left open for three years so the vegetation plan of reseeding can be inspected by the conservation district, and he strongly encouraged them to monitor the regrowth to meet their standards and expectations.

“So, I just wanted to point this out as that was our intent from the start. We want the native vegetation to return as quickly as possible ourselves. As you know there is a small walking trail to get to the riverbank on the property and we are filling that in and replanting it also.”

The permitting process takes 30 to 90 days in most cases.

“I like to think we’re an educational group before enforcement. We’d much rather have somebody come and ask questions before they do work that they’d have to explain,” said Jim Lommen, chairman of the board when asked what the organization does between meetings.

Stephanie Todd is the administrator but used to be a director on the board so she is well versed in answering questions and directing people to resources they might need.

Their office is located at 304 4th Avenue East in Superior and open Monday through Thursday from 9 a.m. to 4 p.m. The phone number is (406) 822-3452.