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Montana Montana Stream Protection Act (SPA 124 Permit) (17-MT-b)

Montana has a policy to preserve fish and wildlife habitat as well as maintain Montana's streams and rivers in their natural or existing state. Under the MCA 87-5-501 et seq. - Montana Stream Protection, state entities (agency of state government, county, municipality, etc) may not construct any project that may impact the natural existing shape and form of any stream or its banks without first submitting an application for a permit. Although the act only applies to state governmental agencies, certain federal agencies comply through memorandum of understanding or other agreement. Activities that require a permit include the construction of new facilities or the modification, operation, and maintenance of an existing facility that may affect the natural existing shape and form of any stream or its banks or tributaries.

Montana Stream Protection Act (SPA 124 Permit) Process

17-MT-b.1 - Notice of Construction

Any construction proposed by a state agency must notify the Montana Fish, Wildlife & Parks (FWP) department of the proposed construction. The application may be achieved through filing an individual permit or the Joint Application for Proposed Work in Montana's Streams, Wetlands, Floodplains, and Other Water Bodies.

17-MT-b.2 - Review application; conduct on site investigation

Within 30 days of the filing of a completed application, the Montana Fish, Wildlife & Parks must notify the applicant whether the project will adversely affect any fish or game habitat. Any notice of finding adverse affect must be accompanied with recommendations or alternative plans which mitigate any adverse effect.

17-MT-b.3 - SPA 124 Permit

After its 30 days to review the application and perform an on-site investigation, FWP may approve, modify, or deny the application.

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