The Montana Department of Environmental Quality (DEQ) and Department of Fish, Wildlife and Parks (FWP) have released a draft programmatic Environmental Assessment (EA) for 318 Authorization applications and are accepting public comments through Dec. 8. The draft is available on DEQ’s website.
The 318 Authorization regulates short-term turbidity, or water cloudiness caused by suspended particles, from stream-related construction or stream enhancement projects in state surface waters. Because the environmental impacts of these activities are generally similar across Montana, DEQ and FWP prepared a programmatic EA to evaluate the proposed action, alternatives, and potential impacts collectively rather than on a case-by-case basis.
Under the program, DEQ may enter into agreements with other state agencies to issue 318 Authorizations. FWP, which oversees inspections and permitting for stream projects, could issue 318 Authorizations on DEQ’s behalf under such an agreement. The joint preparation of the draft EA ensures transparency in the process.
If adopted, the programmatic EA would replace the individual environmental assessments historically prepared for each 318 Authorization application. Applicants would still submit proposals to DEQ, which would use a Categorical Exclusion checklist to determine whether the project falls within the scope of the programmatic EA. Projects with potential impacts outside the programmatic scope would require additional DEQ review.
The programmatic EA follows the Montana Environmental Policy Act (MEPA), which allows agencies to conduct programmatic reviews for related or repetitive actions, programs, or policies. Officials say the approach will improve efficiency, enhance collaboration with regulators, and maintain public notice and review processes while ensuring thorough environmental oversight of stream-related projects.