The Bitterroot River - protecting the river, fish habitat and homes - Part Two: permits and laws

Heavy equipment used in a river bank stabiliation project
Photo by Merle Ann Loman

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Rip-rap series index

• Introduction and index

• Part One: basic information about permitting
  

You are reading Part Two - permits and laws


• Part Three: public comment and questions
  

• Part Four: some things you can do
  

• See slideshow of related photos

The public has a right to know what is going on and to comment about the effects and results of bank stabilization (rip-rap) projects. The permitting process is complicated. In Montana, a great place to ask questions and learn about the process is at the local conservation district, in our case, the Bitterroot Conservation District and its Board of Supervisors (BCD). The district permits and administers some or all activities of these projects. Visit the Montana Department of Natural Resources for an informative webpage titled Stream permitting Guide: Guide to required permits at http://www.dnrc.mt.gov/permits/streampermitting/guide.asp.

The staff at the local level, Bitterroot Conservation District in our case, can provide information about projects the district has permitted. They can direct the public as to what permits might be required for activities and with what agencies to apply.

About 310 Permit: The BCD website states that any private, nongovernmental individual or entity that proposes to work in or near a stream on public or private land in our district is required to have a 310 permit by the Montana Natural Streambed and Land Preservation Act. To learn more about the 310 permit and how to apply visit http://bitterrootconservationdistrict.net/310permit.html.

There is no fee for the 310 permit, but among other items, the application must include a detailed plan or drawing including:
· a plan view (looking at the project from above)
· a cross section or profile view
· an elevation view
· dimensions of the project (height, width, depth in feet)
· location of storage or stockpile materials
· dimensions and location of fill or excavation sites
· location of existing or proposed structures, such as buildings, utilities, roads, or bridges
· drainage facilities
· an arrow indicating north

Other activities may need permits from other entities. Some of those activities are as follows:
Activities that cause temporary turbidity in any state water, activities that may adversely affect state water quality standards may require a permit from Montana Department of Environmental Quality (DEQ);

A project in, over, or under navigable waters may require permitting from the Montana Department of Natural Resources and Conservation (DNRC);

Activities that will result in the discharge or placement of dredged or fill material into waters of the United States, including wetlands must apply for a 404 permit (Federal Clean Water Act) from the U.S. Army Corps of Engineers (COE). The U.S. Environmental Protection Agency also has regulatory review and enforcement functions under the law. The laws are designed to protect, restore and maintain biological, physical and chemical integrity of the nation’s waters.

For a more complete list visit the Montana Department of Natural Resources and Conservation webpage, Other laws that may apply at http://www.dnrc.mt.gov/permits/streampermitting/otherlaws.asp and see information for Stream Permitting in Montana which has tips and a list to websites of permitting agencies.

Merle’s SmugMug photo site – More river and rip-rap in their original format/resolution. Incudes photos of four rip-rap installations and portions of the middle Bitterroot River.

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