Talk to experts before working near streams
Protecting Montana’s streams starts with a simple conversation
Caroline Mcdonald photo
The Swan River passes through a variety of private and publicly owned lands.
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News from the Lake County Conservation District
Whether you’re a longtime landowner or new to rural life in Lake County, it’s important to understand how water is managed in Montana, and why it matters to everyone downstream.
If you’re considering doing any work near water on your property, it’s possible that your project falls under the Montana Natural Streambed and Land Preservation Act, commonly known as the 310 Law. Whether you are planning to build a bridge, install riprap, clear fallen trees and debris, dig near the banks, or even remove vegetation near the water for a better view, it’s likely you need a permit. The permitting process ensures your project meets your needs without damaging habitat or negatively impacting people downstream.
One thing that often surprises folks new to the area: you don’t own the water that runs through or next to your property. In Montana, water is considered a public resource, held in trust by the state for all its citizens. That means streambeds and their banks are protected by law. Even with the best of intentions, altering them can have lasting impacts on water quality, habitat and public safety.
That’s why the state has permitting systems in place: to make sure any work done in or near streams is done responsibly, with long-term protections in mind. The good news? The Lake County Conservation District and CSKT’s Natural Resources Department are here to help.
But jurisdiction matters:
If you live in Lake County but outside the Flathead Indian Reservation, contact the Lake County Conservation District. They administer 310 permits and can guide you through the process step by step.
If you live within the Flathead Reservation, your permitting agency is the Confederated Salish and Kootenai Tribes’ Natural Resources Department. In that case, you’ll need an 87A ALCO (Aquatic Lands Conservation Ordinance) permit instead of a 310. Depending on the nature and location of your project, you may alternatively need 64A Permit.
Not sure which side of the line you’re on? That’s okay. A quick call to either office will get you pointed in the right direction.
And don’t worry, the permitting process isn’t meant to be a barrier. It’s a tool to protect what matters: clean drinking water, fish and wildlife habitat, stable streambanks, and the integrity of this landscape for future generations. It also helps ensure your project doesn’t unintentionally create flooding, erosion or downstream damage.
We all benefit when streams are healthy. If you’re planning work near water, or even just thinking about it, reach out before you break ground. Local staff can save you time, help you avoid costly mistakes, and connect you with practical, conservation-minded solutions.
