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HomeMy WebLinkAbout07-24-23 Public Comment - J. Blank - MFP Comment on Implementation of Wetlands UDC_7.24.23From:Jeannette Blank To:Agenda Subject:[EXTERNAL][SENDER UNVERIFIED]Public Comment on Wetland Mitigation Work Session K.1 Agenda Topic for July 25 meeting Date:Monday, July 24, 2023 1:09:51 PM Attachments:MFP Comment on Implementation of Wetlands UDC_7.24.23.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please find attached a comment submission for City Commission review regarding the Wetland Mitigation Work Session K.1 agenda topic for the July 25, 2023 Commission Meeting. Thank you for your consideration. Sincerely, Jeannette Blank Jeannette Blank ILF Program Manager Cell (406) 223-5955 FreshwaterPartners.org Montana Freshwater Partners (formerly known as Montana Aquatic Resources Services-MARS) is a non-profit organization that works to enhance and preserve the vitality, health and resilience of Montana's rivers, streams and wetlands. July 24, 2023 RE: Public comment on recommending the re-establishment of a Wetlands Review Authority to implement the City of Bozeman’s UDC Division 38.610, titled Wetlands Regulations. Dear City of Bozeman City Commission, I am a wetland scientist and program manager for the Montana In-Lieu-Fee Wetland Mitigation Program and have been providing the Sacajawea Audubon Society my technical assistance in developing a local private wetland mitigation bank to offset local impacts out of concern that important wetland functions and services (like flood mitigation, water quality, and groundwater recharge) have been lost at the local level for far too long. I am writing to encourage the Commission to direct City staff to re-establish the Wetlands Review Authority and prepare a draft action plan outlining the actionable steps necessary to fully implement the City’s UDC Division 38.610, titled Wetland Regulations. As explained in the “Wetland Protection Mitigation Work Session” Memorandum that was provided to the Commission from the City Manager, Engineering Director, and Attorney, the recent Sackett vs. EPA decision has significantly reduced the number of wetlands that fall under federal protection. Prior to the Sackett decision, the intent and requirements of the City’s Wetland UDC was essentially addressed by the U.S. Army Corps of Engineers Section 404 wetland permitting and mitigation requirements for jurisdictional wetlands. Now that the Sackett vs. EPA decision has stripped the U.S. Army Corps of Engineers of its regulatory authority over all but the few wetland areas that are physically adjoining regulated waterbodies, there are a significant number of wetland areas within the City of Bozeman limits that no longer have federal protection but continue to have legal protection under the City’s wetland UDC. As a result, the City will need step into an active oversight and management role in order to fulfill the commitments and requirements outlined in the City’s Wetland Regulations UDC. Fortunately, the City already has UDC in place outlining the City’s regulatory authority over federally jurisdictional and non- jurisdictional wetlands. The UDC also falls in line with the goal of the City’s Strategic Plan. What needs to happen next is to re- establish the Wetland Review Authority to start the process of implementing City management and oversight of the wetland regulation. This will likely require the assistance from outside technical expertise who can help streamline the process by bringing in examples of how other tribal and City governments have implemented their local wetland regulations, and to understand how the City’s regulatory authority does and does not overlap with the Army Corps’ regulatory authority. Thank you for your consideration. Sincerely, Jeannette Blank Montana ILF Wetland & Stream Mitigation Program Montana Freshwater Partners