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
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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