36.2.407    APPLICABILITY

(1) The act and these rules apply to projects on any natural perennial-flowing stream or portions thereof, including its channels, unless the stream has been designated as not having significant aquatic and riparian attributes in need of protection or preservation. A district may consider a stream to flow perennially if it dries up periodically due to man-made causes, or extreme drought.

History: 75-7-117, MCA; IMP, 75-7-102, MCA; NEW, 1997 MAR p. 48, Eff. 1/17/97.