Montana Wetlands regulations & environmental compliance analysis

Montana Wetlands: What you need to know

Governing Law and Regulations

Montana Water Quality Act (WQA), Montana Code Annotated (MCA) 75-5-101 to 75-5-705

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Permits:

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

Regulatory Agencies

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 ...


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