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HomeMy WebLinkAbout09-13-23 Sustainability Board Agenda and PacketA.Call to Order - 6:00 PM This meeting will be held both in-person and also using an online videoconferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 346 248 7799 Access code: 934 9305 9514 B.Disclosures C.Changes to the Agenda D.Public Service Announcements E.Approval of Minutes E.1 Approve the June 14, 2023 and August 09, 2023 Sustainability Advisory Board Minutes(Chipouras) F.Public Comments This is the time to comment on any matter falling within the scope of the Sustainability Board. There will also be time in conjunction with each agenda item for public comment relating to that THE SUSTAINABILITY BOARD OF BOZEMAN, MONTANA SB AGENDA Wednesday, September 13, 2023 General information about the Sustainability Board can be found in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. Public comments will also be accepted in-person and through Video Conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Jon Henderson, jon.henderson@bozeman.net 1 item but you may only speak once per topic. Please note, the Board cannot take action on any item which does not appear on the agenda. All persons addressing the Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and place of residence in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found on their Laserfiche repository page. G.Action Items G.1 Sustainability Board Review and Recommendation Regarding Specific Elements of the Repeal and Replacement of the Unified Development Code to the Community Development Board and City Commission, Application 21381(Saunders) H.FYI/Discussion H.1 Wetland Protection Mitigation Work Session(Ross) I.Adjournment This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm. Citizen Advisory Board meetings are open to all members the public. If you have a disability and require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-2301). 2 Memorandum REPORT TO:Sustainability Board FROM:Ali Chipouras, Sustainability Program Specialist Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director SUBJECT:Approve the June 14, 2023 and August 09, 2023 Sustainability Advisory Board Minutes MEETING DATE:September 13, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve the June 14, 2023 and August 09, 2023 Sustainability Advisory Board Minutes STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In accordance with Commission Resolution 5323 and the City of Bozeman's Citizen Advisory Board Manual, all Boards must have minutes taken and approved. Prepared minutes will be provided for approval by the board the next scheduled meeting. Staff will make any corrections identified to the minutes before submitting them to the City Clerk's Office. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Board. FISCAL EFFECTS:None. Attachments: 06-14-23 Sustainability Citizen Advisory Board Meeting Minutes.pdf 08-09-23 Sustanability Citizen Advisory Board Meeting Minutes.pdf Report compiled on: September 7, 2023 3 Sustainability Citizen Advisory Board Meeting Minutes, 6/14/23 Page 1 of 2 THE SUSTAINABILITY CITIZEN ADVISORY BOARD MEETING OF BOZEMAN, MONTANA MINUTES 6/14/23 General information about the Sustainability Board can be found in our Laserfiche repository. A) 00:00:22 Call to Order - 6:00 PM Present: Isabel Shaida, Lumay Murphy, Matt Thompson, Emma Bode, Kristin Blackler, Terry Cunningham Absent: Rebecca Kurnick, Douglas Fischer B) 00:02:45 Disclosures • There were no disclosures. C) 00:02:59 Changes to the Agenda • There were no changes to the agenda. E) 00:03:12 Approval of Minutes E.1 Approve the May 10, 2023 Sustainability Board Meeting Minutes 05-10-23 Sustainability Advisory Board Minutes.pdf 00:03:47 Motion to approve Isabel Shaida: Motion Kristin Blackler: 2nd 00:05:19 Vote on the Motion to approve The Motion carried 5 - 0. Approve: Matt Thompson Emma Bode Kristin Blackler Isabel Shaida 4 Sustainability Citizen Advisory Board Meeting Minutes, 6/14/23 Page 2 of 2 Lumay Murphy Disapprove: None F) 00:03:50 Public Comments • There were no public comments. G) 00:04:41 FYI/Discussion • Deputy Mayor Cunningham provided an FYI that the Held v. Montana case started on Monday 6/12/23. • Strategic Services Director Jon Henderson provided an update that remote participation is now available for board members when applicable. • Strategic Services Director Jon Henderson shared that the City Commission updated an Economic Development Strategy that includes alignment with the Climate Plan. • Strategic Services Director Jon Henderson provided an update that the City Commission passed contracts for the DEQ Heat Pump Rebate Program and the Local Food System Preliminary Mapping Project. • Sustainability Program Manager Natalie Meyer provided an FYI that the City has been accepted to participate in a DOE Planning and Funding for Electric Vehicle Infrastructure Pilot Program. • Sustainability Specialist Ali Chipouras provided an FYI that the GoGallatin Challenge is currently happening and City employees are participating. • Sustainability Specialist Ali Chipouras provided an update on the Heat Pump Panel event the City hosted with multiple partners. G.1 00:11:05 Review of the 2023 Montana Legislature • Sustainability Program Manager Natalie Meyer presented a recap of the Montana State Legislature and highlighted bills that impact environmental sustainability. G.2 00:43:32 100% Net Clean Electricity Strategies • Sustainability Program Manager Natalie Meyer presented on the 100% Net Clean Electricity Strategies. The board followed up with questions and comments. H) 01:54:36 Adjournment This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm. 5 Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23 Page 1 of 3 THE SUSTAINABILITY CITIZEN ADVISORY BOARD MEETING OF BOZEMAN, MONTANA MINUTES 08/09/23 General information about the Sustainability Board can be found in our Laserfiche repository. A) 00:00:57 Call to Order - 6:00 PM Present: Isabel Shaida, Lumay Murphy, Matt Thompson, Rebecca Kurnick, Kristin Blackler, Douglas Fischer Absent: Emma Bode, Terry Cunningham B) 00:03:43 Disclosures • There were no disclosures. C) 00:03:49 Changes to the Agenda • There were no changes to the agenda D) 00:03:54 Public Service Announcements • Isabel Shaida shared that NorthWestern Energy has shared their Integrated Resource Plan (IRP). There are opportunities to attend hearings and provide comment prior to it going to the Public Service Commission (PSC). • Matt Thompson shared that FWP announced they have euthanized 7 bears in July due to attractants. • Rebecca Kurnick shared that the chairs and vice chairs of all boards were brought together to discuss with the City Manager how things are going since the super board consolidation. E) Approval of Minutes E.1 00:07:22 Approve the July 12, 2023 Sustainability Board Meeting Minutes 07-12-2023 Sustainability Advisory Board Minutes.pdf 00:07:27 Motion to approve Approve the July 12, 2023 Sustainability Board Meeting Minutes 6 Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23 Page 2 of 3 Douglas Fischer: Motion Isabel Shaida: 2nd 00:08:35 Vote on the Motion to approve Approve the July 12, 2023 Sustainability Board Meeting Minutes The Motion carried 5 - 0. Approve: Isabel Shaida Lumay Murphy Rebecca Kurnick Kristin Blackler Douglas Fischer Disapprove: None F) 00:08:50 Public Comments • There were no public comments. G) 00:04:38 FYI/Discussion G.1 00:09:30 Solid Waste Rate Study and Compost Feasibility Study Work Session Solid Waste Policy Memo July 2023 Update • Director of Transportation and Engineering Nicholas Ross led a work session on the Solid Waste Rate Study and Compost Feasibility Study. The board provided questions and feedback. • Terry Quatraro provided public comment. • Kathy Powell provided public comment. G.2 01:20:53 Overview of Senate Bill 382 and Overview of Unified Development Code Public Review Process in Fall 2023. Key Dates List - Sustainability Board.pdf SB382 City Commission summary July 25, 2023.pdf CC Work Sessions List.pdf SB0382 - Montana Land Use Planning Act.pdf • Community Development Manager Chris Saunders provided an overview of Senate Bill 382 and led a work session on the Unified Development Code. G.3 01:53:35 Gallatin Valley Sensitive Lands Protection Plan - Model Results and Preliminary Recommendations Data Modeling Methods by Theme.pdf Preliminary Tool List.pdf • Strategic Services Director Jon Henderson provided an update on the Gallatin Valley Sensitive Lands Protection Plan model results and preliminary recommendations. H) 02:38:33 Adjournment This board generally meets on the second Wednesday of the month 6:00 pm to 8:00 pm. 7 Sustainability Citizen Advisory Board Meeting Minutes, 08/09/23 Page 3 of 3 8 Memorandum REPORT TO:Sustainability Board FROM:Chris Saunders, Community Development Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Sustainability Board Review and Recommendation Regarding Specific Elements of the Repeal and Replacement of the Unified Development Code to the Community Development Board and City Commission, Application 21381 MEETING DATE:September 13, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Having reviewed and considered the draft replacement development code as identified in the Sustainability Board Specific Background, public comment, and all information presented, I move to recommend approval of the proposed text of the identified sections of Application 21381 to replace and augment existing sustainability requirements and standards; and request staff to forward our recommendation to the Community Development Board. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Sustainability Board Specific Background. On August 9, 2023, the Board heard an overview and general summary presentation describing the code replacement project. A video recording [external video link] of the presentation is available for review. In addition, the associated cover memo is available for review at the same link. Memo attachments include summaries of work sessions held by the City Commission, a summary of Senate Bill 382, and the full text of the bill. This meeting provided a general overview and direction on the document to provide lead time prior to discussion and recommendation on the draft text. Many areas of the new Chapter 38 are outside of the scope of responsibilities of the Sustainability Board. Areas of relevance to the Sustainability Board and for which a recommendation is requested are: Facilitation of electric vehicle charging: • 38.800.060 Inclusion of electric vehicle charging as part of essential 9 services allowed in all zoning districts, • 38.710.070.A.2 Add EV future charging to list of facilities for depiction on site plans. Urban agriculture allowances: • 38.300.020 Add agricultural uses to allowed uses in individual zoning districts, • 38.320.110 Add standards to expand allowances for agriculture within the community. Recycling and composting: • 38.710.070.A.2 Add recycling and composting facilities as items for depiction on site plans. Support for density: • 38.210.020 consolidation of residential zoning districts, • 38.210.020 amendment of standards to remove minimum lot area requirements, • 38.210.020 increase minimum density requirements for residential districts, and • Table 38.530.040-4 reduce non-residential parking requirements. Clarification of provisions for solar energy and district energy: • 38.800.060 Inclusion of shared solar and storage and district energy as an essential service Local service commercial - support for density also facilitates viable local services within walkable distance • 38.540.040.B allow an amount of commercial in mixed use districts to have no parking requirement. Parking: • 38.540 simplify all parking provisions. • Table 38.530.040-4 simplify and reduce non-residential parking requirements, • 38.540.040.A set parking requirements in areas with common funding and management capability to zero, • 38.540.070 Expand provisions for bicycle parking to include both short and long-term. The full text of the draft Chapter 38 [External PDF] is as available online. General Background. The Bozeman Community Plan 2020 was adopted in November 2020. It is the City's plan for land use and development. On December 21, 2021, the City Commission adopted Resolution 5368 [External Link PDF]. The resolution set priorities for municipal actions over the next two years. Priorities include replacing the Unified Development Code to “facilitate increased housing density, housing affordability, climate action plan objectives, sustainable building practices, and a transparent, predictable and understandable development review process.” The City Commission budgeted funds for the work and a contract with Code Studio was completed in June 2022 to support the City in changing regulations. Substantial progress has been made on the project and the formal public review process is underway. Recommendations from advisory 10 boards culminating with formal Community Development Board public hearings will occur in September and October. Bozeman implements land use planning, subdivision, and zoning as authorized by the State of Montana and adopted existing regulations under the laws in effect at the time. The Governor signed Senate Bill 382, the Montana Land Use Planning Act (the Act) on May 17, 2023. The Act changes the legal framework for land use planning, subdivision, and municipal zoning. Bozeman must follow the Act in its planning, subdivision, and zoning activities. A copy of the Act is attached. Bozeman already uses many of the required practices as part of its daily activities, but some changes are needed to fully implement the bill. A more detailed summary and the full text of the Act are available through the August 9th packet materials. Key elements of change from the Act include: 1. What state enabling legislation applies for updated and future regulations. 2. Changing processes and manners of public participation. 3. Required content and extent of planning information to be prepared. 4. Process changes for amendments to zoning map, regulations text, and land use plan. 5. Changes to development review processes and approval authority for subdivisions and zoning projects. 6. Changes to review processes for variances and appeals. The City completed several land use related planning documents in 2020. Implementation of those plans has been ongoing ever since. The City Commission approved a contract with Code Studio to assist the City in code drafting in 2022. The development code process has been adjusted to account for the new requirements of the Act. A website [External Link] was created on August 11, 2022, to provide continuous information to the public, accept public comment, and support interaction and discussion on ideas. The City Commission conducted six work sessions to evaluate issues and give direction. Links to those work sessions are available through the August 9th packet materials. Major areas of changes with the UDC replacement include: Sustainability including facilitation of electric vehicle charging, urban agriculture allowances, support for recycling and composting, clarification of provisions for solar energy, support for density, local service commercial, walkability, and bicycle facilities. Revisions and simplification for non-residential parking including some removal of parking requirements. Compliance with revised and new state law - These are primarily process changes and are discussed in the August 9th attachment regarding SB 382. Layout and usability enhancements including changed organization, layout, and increased graphics. Consolidation of residential districts. Revisions to requirements for transportation studies and standards. 11 There are also other code amendments which are currently in development or on the near horizon. Those will have their own public hearings and processes with opportunity for public participation. These include: Wetland regulation updates to address recent US Supreme Court decisions. Short Term Rentals Water Conservation Park standards UNRESOLVED ISSUES:The code was released for public review on August 14th through engage.bozeman.net/udc. Public input is sought on the draft and may identify unresolved issues. None related to sustainability are known at this time. ALTERNATIVES:The board may recommend alternative language for consideration by the Community Development Board and City Commission. FISCAL EFFECTS:Funds for the UDC update have been budgeted. Report compiled on: September 5, 2023 12 Memorandum REPORT TO:Sustainability Board FROM:Nick Ross, Transportation and Engineering Director Brian Heaston, Engineer III Shawn Kohtz, City Engineer Chris Saunders, Community Development Manager Greg Sullivan, City Attorney Anna Saverud, Assistant City Attorney SUBJECT:Wetland Protection Mitigation Work Session MEETING DATE:September 13, 2023 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive Presentation, Discuss Alternatives, and Provide Direction to Staff. STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. BACKGROUND:General Overview Bozeman's Climate Plan Action 6.P.1. Protect Local Wetlands for Flood Resilience and Water Quality established goals to enhance or construct wetlands to offset all losses and require that all wetland mitigation efforts are conducted within the impacted watershed. The Plan advises the city accomplish these goals through study of wetland banking. Mitigation of impacts to wetlands that occur during land development is subject to both federal and local regulation. Federal regulation pursuant to the Clean Water Act is enforced by the United States Army Corps of Engineers (USACE) as well as the Environmental Protection Agency (EPA). Local regulation occurs per the City’s Unified Development Code (UDC) Division 38.610, titled Wetlands Regulations. Prior to the United States Supreme Court’s recent decision in Sackett v. Environmental Protection Agency, 142 S.Ct. 1322 (2023), the federal agencies regulated wetlands using a broad definition that included many wetlands within the City. The City’s regulation of wetlands addresses wetlands historically regulated by the federal agencies resulting in concurrent (but not identical) regulation. The Sackett decision significantly narrows the scope of federal regulatory authority over wetlands (see below for a more detailed discussion). As a result, the City’s regulatory program is now the sole regulatory authority over many wetlands that were, prior to Sackett, covered under federal wetland regulations. 13 The City’s historical regulatory approach was to defer to the federal agencies for decisions on mitigation for wetland impacts where both the federal agencies and the City had jurisdiction. Now, after Sackett, federal jurisdiction is significantly limited resulting in a concomitant expansion of the City’s sole jurisdiction over wetlands impacts within the City. Where the impacts of land development to wetlands are unavoidable, mitigation of such impacts regulated by federal agencies may occur in locations distant from the City including the Upper Missouri Wetland Bank located in Twin Bridges, Montana. Currently, a local wetlands bank is under development by the Sacajawea Audubon Society (SAS) in the vicinity of Haggerty Lane and East Main Street intersection. If this bank qualifies as a wetland bank for purposes of federal regulation, landowners seeking to mitigate wetlands that fall within the jurisdiction of federal agencies may be able to access the SAS bank, once established. The SAS bank may also be available to the City to provide mitigation for wetlands now regulated only by the City. The purpose of this work session is to provide the Board with information related to: (i) the current approach of the City to its wetlands regulatory program under the UDC; (ii) the Sackett decision and the issues resulting from the decision; and (iii) future approaches to local regulation of wetlands directed by previous Bozeman City Commission work session. Strategic Plan This work session is informed by the following strategic plan priorities: 6.1. a) Watershed Management – Develop and implement a regional watershed approach to manage water quantity and quality. 6.3. d) Climate Change Adaptation and Mitigation – Increase the community’s resiliency and preparedness in response to climate change. 6.5 Parks, Trails and Open Space – Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. 6.6 Habitat – Work with partner organizations to identify at-risk, environmentally sensitive parcels [that] contribute to water quality, wildlife corridors, and wildlife habitat. Existing UDC Wetland Code Overview The City first adopted local regulations to protect wetlands in 2003 by Ordinance 1604. Local regulations have been in effect continuously since initial adoption. The local regulations are supplementary to federal regulations in that historically, the City’s regulations have also regulated wetlands covered by the Clean Water Act. But there are key differences between the historical federal regulatory scheme and the City’s regulations. Most importantly, the City’s regulations apply to wetlands as small as 400 sq. ft. (whereas the federal threshold is 4,360 sq. ft.) and to isolated wetlands 14 not connected to waters of the United States. The City’s regulations exclude artificially created wetlands related to irrigation and stormwater facilities. The scope of federal regulations over such isolated and artificially created wetlands has shifted over time with U.S. Supreme Court decisions and corresponding federal regulations promulgated by EPA and USACE defining waters of the United States consistent with the court’s opinion. Another key difference between the city and federal regulations is that the City’s wetland regulations are also coordinated with development code requirements for protecting watercourses. If a wetland is located within the required setback for a watercourse then the setback is expanded to include the wetland area (Bozeman Municipal Code 38.410.100). A board of wetland professionals was originally established to apply the City’s wetland regulations. The necessary expertise is a small pool of candidates, and the City struggled to maintain a quorum of persons who did not have conflicts of interest. In 2016, through Ordinance 1945, the City Commission dissolved the wetlands review board. Since then the City has contracted with qualified professionals to assist in the review of development that is impacting wetlands. United States Supreme Court Sackett Decision As noted above, the recent Sackett decision significantly altered the scope of federal wetland regulation. Prior to Sackett, federal agencies regulated wetlands that were not only immediately adjacent to traditionally navigable waters, but also wetlands that had a continuous surface connection to such water or had a significant nexus to interstate or traditional navigable waters. This “significant nexus” required federal agencies to analyze a number of factors. A significant nexus existed, under federal guidance, when “wetlands, either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of those waters.” The result is that the federal agencies regulated millions of acres of wetlands nationwide that were not immediately adjacent to or indistinguishable from traditionally navigable waters. That all changed with the Sackett decision. The majority of the Court determined “that the CWA [Clean Water Act] extends to only those wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right so that they are ‘indistinguishable’ from those waters.” The result is that many wetlands that were formerly regulated by the federal agencies are no longer under federal jurisdiction. The Supreme Court remanded this decision back to the 9th Circuit Court of Appeals. Additional litigation will most likely be necessary to finally resolve the specific issue in the case. In the meantime, we understand the federal agencies are “developing a rule” to address the decision. See this update 15 from the USACE. The update indicates the federal agencies will issue a new rule by September 1, 2023. To truly comprehend the scope of the impact of Sackett and the future of federal regulation of wetlands, we believe the City must consider any new federal rule and guidance to understand how the City could move forward regulating based solely on the UDC requirements. This includes regulation of wetlands that were, but are no longer, regulated federally and how the City will integrate its mitigation requirements (including a bank) into the ongoing federal wetland bank program. Sacajawea Audubon Society Local Wetland Bank Collaboration City staff have worked with the SAS in support of their wetlands development project. Collaboration has included rerouting a public sanitary sewer main around the SAS wetlands to the extent feasible, over 40 meetings to-date with SAS over the past several years, and working with other public and private agencies to support the wetlands project including coordination with Montana Department of Transportation, BNSF Railway, and USACE. SAS has indicated their willingness to price its mitigation bank credits at market value. SAS further indicated they are estimating mitigation credits from their local bank would last approximately 4 years at the current rate of mitigation credits purchase for development occurring within the City. Regulatory and Mitigation Options Given the significant change in regulatory authority stemming from the Sackett decision, we believe waiting for the federal agencies to issue new rules regarding federal jurisdiction is important before any significant adjustment to City regulatory authority occurs. Nevertheless, prior to the Sackett decision, City staff contacted USACE to engage in conversation about the ability of the City to impose regulations that would require local mitigation of wetlands covered by federal jurisdiction and also wetlands covered only by the City’s UDC. USACE indicated that local regulations that are more stringent than USACE regulations may be allowed. However, there are coordination items that need to be considered: For federally jurisdictional wetlands impacts that are regulated by both USACE (post-Sackett) and also by the City’s UDC, USACE will only accept wetland bank credits from a USACE approved mitigation bank. This was the case before Sackett and will remain the case after Sackett. USACE will not enforce local requirements. USACE regulations allow for acceptance of mitigation bank credits from the Upper Missouri Mitigation Bank for federally jurisdictional wetlands impacts (or other mitigation bank developed in the future such as the SAS mitigation bank upon USACE recognition), so, for wetlands regulated only by the City (no longer under federal jurisdiction), the City would need to require local wetland mitigation and create a local tracking and 16 enforcement mechanism to ensure the impacts to wetlands regulated only locally are mitigated using a locally authorized mitigation bank. An important consideration here is that local requirements for local mitigation cannot double-count any federally authorized credits as double-counting does not further ecological goals of ensuring wetland impacts, regardless of jurisdictional status, are fully offset. USACE prefers existing mitigation banks over cash-in-lieu options due to the assurance that a wetlands mitigation project will be completed. There is essentially a higher risk that mitigation will not be completed through the use of cash-in-lieu options. We concur with this preference and will recommend this be included in any new local-only program. The USACE strategy for wetlands is in order of preference, to avoid impacts, then, minimize impacts to wetlands, and lastly mitigate wetlands impacts where impacts are unavoidable. This mitigation scheme is also mirrored by the City’s UDC. Recognizing that after Sackett, the City continues to regulate impacts to wetlands federal agencies no longer can, we are examining a number of questions. These questions include significant operational and legal issues. To what extent can local rules supplant a developer’s ability to pick a location for mitigation of federally jurisdictional wetlands? Can an authorized USACE wetland mitigation bank be locally authorized for non-federally jurisdictional wetland impacts without double-counting of the federally-authorized credits? As an interim measure, until such time as the SAS wetland bank is authorized by USACE, should the City allow the use of other federally- authorized banks outside of the East Gallatin basin? This review will require evaluation of a local government’s authority to regulate the location of the mitigation of wetlands and to distinguish such authority by the jurisdictional status of the wetlands. In addition, the investigation must examine whether the City should provide for circumstances where mitigation using a local wetland bank is not available in the East Gallatin watershed, especially considering the SAS wetland bank, once established, is projected to fully exhaust its credits within a 4 year period. Lastly, in addition to adopting new regulations and setting up a local mitigation bank tracking system, and due to the Sackett decision, we believe the City needs significantly more staff resources and expertise to enforce UDC wetlands regulations that were previously largely enforced by the federal agencies. Initial estimates of staff time include 2 full-time equivalents (FTEs) to implement and track local wetlands mitigation requirements and provide regulatory oversight previously provided by USACE. Current staff have some knowledge of wetlands; however, current staff do not have the certifications or expertise to manage a local wetlands program. A wetlands program would likely mirror the USACE program to the extent possible to 17 ensure property developers don’t have to duplicate efforts for wetlands mitigation from both the City and USACE where the two would overlap. This program would necessitate establishing and funding a new City division, similar to the Sustainability Program Division. A wetlands programmatic and operational needs include a number of elements, such as: Wetland delineation and jurisdictional status Permit development and tracking of mitigation credits Permit review, approval, and monitoring Enforcement Coordination of credits tracking with USACE Site inspections and documentation General overhead (such as admin support, etc.) UNRESOLVED ISSUES:Regulatory authority USACE-approved local wetland mitigation bank options Wetlands division program development and funding Public outreach and reactions from Sackett decision ALTERNATIVES:As determined by the board. FISCAL EFFECTS:Fiscal effects include approximately $300,000-$400,000 per year for staff and program development as well as consultant support pending the scope of the program. Report compiled on: July 24, 2023 18