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When do you need a 310 permit?



A 310 permit is REQUIRED any time you are planning ANY projects or repairs that physically alter or modify the bed or banks of the streams. IT IS THE LAW.


The purpose of the permit is to minimize soil erosion and sedimentation, protect and preserve streams and rivers. The application process is pretty simple.
You can pick up and application at the Stillwater Conservation District office. Upon completion of the application then it needs to be turned back into the CD office. The board will review the application project, an inspection of the proposed project is sometimes necessary, and decide if a permit is required.

Keep in mind that sometimes additional permits might be required, and it is up to the Applicant / Landowner to make sure that all permits have been secured before beginning the project.

Please contact Stillwater CD Administrator with any questions 406-322-5359 ext. 101 or email


In the case of an Emergency- Stream-modification projects undertaken as an immediate response to flooding requires an Emergency Form 275. Landowners must contact the Conservation District within 15 days of taking the emergency action and submit the completed Emergency Form. This permit is not required before any project activity begins.

To qualify as an emergency action, Montana law states the project must be the result of an “unforeseen event or combination of circumstances that calls for immediate action to safeguard life, including human or animal, or property, including growing crops, without giving time for the deliberate exercise of judgment or discretion …”

Stillwater County requires 310 permit is as follows:  

  • White Beaver Creek

  • Shane Creek

  • Spring Creek

  • Berry Creek 

  • White Bird Creek

  • Mexican Joe Creek

  • Countryman Creek

  • Buck Creek

  • Bad Canyon

  • Huntley Creek

  • Beaver Creek

  • Little Rocky Creek

  • Keyser Creek

  • Jackstone Creek

  • Prairie Creek

  • Stillwater River

  • Rosebud Creek

  • West Stillwater River

  • Tutt Creek

  • Grove Creek

  • Crazyman Creek

  • Valley Creek

  • Cow Creek

  • Castle Creek

  • Limestone Creek

  • Lodgepole  Creek

  • Meyers Creek

  • Horseman Creek

  • East Rosebud Creek

  • West Rosebud Creek

  • Antelope Creek

  • Butcher Creek

  • Fishtail Creer

  • Ingersall Creek

  • Hensley Creek

  • Fiddler Creek

  • Yellowstone River

  • Trout Creek

Stillwater County-  The Stillwater Conservation District (SCD) is encouraging residents and contractors, who live on or near a river or stream to familiarize themselves with the stream-permitting process, including the types of permits they may need before starting a stream project.

The 310 Joint Application can take up to 60 days to complete; landowners planning a project should contact the Stillwater Conservation District well in advance of the planned starting date to get the permitting process started. The applicant is responsible for obtaining al necessary permits and landowner’s permission before beginning work. Contractors doing the work in or adjacent to a river or stream, should have a copy of the 310 permit in hand.

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