Governing Law and Regulations
Montana Water Quality Act (WQA), Montana Code Annotated (MCA) 75-5-101 to 75-5-705
401 certification: Administrative Rules of Montana (ARM) 17.30.101 to 17.30.109
Short-term water quality standards for turbidity (318 Authorization): MCA 75-5-318
Streambed and Land Preservation Act (310 Permits): MCA 75-7-101 to 75-7-125
Floodplain development permits: MCA 76-5-101 to 76-5-406
Forestry permits: MCA 77-5-301 to 77-5-307
Additional state regulations impacting wetlands:
Surface water mixing: ARM 17.30.507
Solid waste management: ARM 17.50.505 and ARM 17.50.511
Montana Department of Environmental Quality (DEQ) Permitting and Compliance Division Water Protection Bureau
Montana Department of Fish, Wildlife, and Parks (DFWP)
Montana Department of Natural Resource and Conservation (DNRC) Trust Lands Management Division
Local Conservation Districts
Local Floodplain Administrators
U.S. Environmental Protection Agency (EPA) Region 8
U.S. Army Corps of Engineers (Corps) Seattle District Office Omaha District Office
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Montana does not have specific wetland protection laws, but protects wetlands through the state water quality standards, wastewater discharge permitting programs, and other state regulations that impact wetlands. However, the state's permitting programs must comply with all federal laws related to dredge and fill activities in wetlands under Section 404 of the Clean Water Act (CWA). See the national section WETLANDS for additional guidance about permitting requirements for activities in wetlands under ...