HomeMy WebLinkAbout08-07-23 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
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B.Disclosures
C.Changes to the Agenda
D.Public Service Announcements
E.Approval of Minutes
F.Consent Items
F.1 Design recommendation regarding The Flats at Bozeman site plan proposal for a total of 243
dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45
buildings, located NW of the intersection of South 11th Avenue and Arnold Street,
Application 22337 (Quasi-Judicial).(Lyon)
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, August 7, 2023
General information about the Community Development Board is available 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 Anna Bentley, abentley@bozeman.net
22337 DRB Staff Report.pdf
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F.2 Mayfly Townhomes Preliminary Plat application, to subdivide four lots platted with Norton
East Ranch Phase 4 into 46 developable lots for townhome and duplex structures with
associated stormwater, open space, easements, and right of way. Located northeast of the
corner of Fallon Street and South Laurel Parkway. Application 22310.(Garber)
G.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once per topic.
Please note, the Community Development Board cannot take action on any item which does not
appear on the agenda. All persons addressing the Community Development 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 in their Laserfiche repository folder.
H.Special Presentations
H.1 Gallatin Valley Sensitive Lands Protection Plan(Henderson)
I.Action Items
I.1 Overview of Unified Development Code Public Review Process in Fall 2023.(Saunders)
J.FYI/Discussions
J.1 Wetland Protection Mitigation Code Revision Project Update (Kohtz)
J.2 Upcoming Items for the August 21, 2023, Community Development Board Meeting (Bentley)
K.Adjournment
22310 CDB Staff Report.pdf
Data Modeling Methods by Theme.pdf
Preliminary Tool List.pdf
Key Dates List - CDB 8-7-2023.pdf
SB382 City Commission summary July 25, 2023.pdf
SB0382 - Montana Land Use Planning Act.pdf
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:
Design recommendation regarding The Flats at Bozeman site plan proposal
for a total of 243 dwelling units for group living (student housing), comprised
of 655 bedrooms amongst 45 buildings, located NW of the intersection of
South 11th Avenue and Arnold Street, Application 22337 (Quasi-Judicial).
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Recommend approval of the site plan with conditions and code provisions,
application 22337, to the Community Development Director as presented
and provide design recommendations and Board Member discussion.
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:
This review is in front of the Community Development Board in their
capacity as the Design Review Board (DRB). The Bozeman Municipal Code
(BMC) 38.230.040 sets the thresholds for projects that need the review of
the DRB, or Community Development Board, and this project exceeds those
thresholds. The DRB was established to provide design recommendations
regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community
development board established pursuant to Resolution No. 5330 shall act as
the design review board for all purposes under this Code. The design review
board (DRB) is established to evaluate aesthetic considerations of larger and
more complex proposals which are likely to produce significant community
impact and to provide recommendations regarding such proposals to the
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review authority, subject to the provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic
considerations. Those include Form and Intensity Standards (38.320), Zone
Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter
38, Article 5 also contains code provisions regarding aesthetic
considerations. These include, Block Frontage (38.510), Site Planning and
Design Elements (38.520), Building Design (38.530), Parking (38.540),
Landscaping (38.550), Signs (38.560), and Lighting (38.570). Sections 5, and
7a through 7g of the staff report attached discuss these code provisions.
The property has been annexed, zoned, and subdivided with previous review
by the Planning Board, Zoning Board, and City Commission and approval is in
place. Discussion of land use policy, zoning, and community design is
irrelevant to this meeting. The purpose of this meeting is the proposed
design contained in the applications.
A site plan for the construction of 243 dwelling units for group living
(student housing), comprised of 655 bedrooms amongst 45 buildings on
approximately 11.89 acres located on vacant property located at the
northwest corner of South 11th Avenue and Arnold Street. The proposed
development includes the extension of Arnold Street between South 14th
Avenue and South 11th Avenue, South 14th Avenue from Student Drive to
Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and
South 12th Avenue from Student Drive to Around Street. The proposed
development included a variety of housing types such as single family,
rowhouses and apartment buildings. The proposed development includes
accessory uses such as a clubhouse, pool, garage, and an accessory utility
building to serve as amenities to future residences. Additionally, this
application includes associated design and infrastructure improvements
pertaining to open space, vehicular and bicycle parking, landscaping,
irrigation, lighting, parklands, and pedestrian pathways. The site is zoned
REMU, residential emphasis mixed use district, and the proposed uses for
apartments, rowhouse, and single household structures are consistent with
the allowable uses in the REMU district. There are currently no remaining
corrections from the Development Review Committee and all community
design requirements including transportation facilities and access, grading,
drainage, utilities, and easements are found to be adequate with conditions
and code provisions.
The full application can be viewed at this Laserfiche Links:
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Application 22337 The Flats at Bozeman Site Plan
Some materials in the submittal relevant to the DRB's duties include:
100-CS1.0-COVER SHEET
101-A001-ARCHITECTURAL SITE PLAN
103-A200-1BR Loft 4Plex-ELEVATIONS
105-A200-4BR Tuckunder-ELEVATIONS
107-A200-4BR Tuckunder Triplex-ELEVATIONS
109-A200-5BR RH Duplex Alt-ELEVATIONS
111-A200-5BR RH Duplex-ELEVATIONS
113-A200-5BR RH Triplex-ELEVATIONS
115-A200-5 over 2-ELEVATIONS
117-A200-5 over 2 Duplex-ELEVATIONS
120-A200-CH Building-ELEVATIONS
122-A200-MF Building 1-ELEVATIONS
124-A200-MF Building 2-ELEVATIONS
400-L000-Site Plan (Landscape Plan)
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the Community Development Board.
FISCAL EFFECTS:
None identified at this time.
Attachments:
22337 DRB Staff Report.pdf
Report compiled on: August 3, 2023
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 1 of 27
Application No. 22337 Type Site Plan
Project Name The Flats at Bozeman Site Plan
Decision Type Consent (Quasi-judicial)
Summary A site plan for the construction of 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single household, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways.
Zoning REMU Growth Policy Residential Mixed Use Parcel Size 11.89 Acres
Overlay District(s) None
Location East of South 14th Avenue, West of South 11th Avenue, North of Arnold Street, and South of Student Drive. Legal Description Lot 1, Block 4 of Phase 3 of the South University District Subdivision, Section 24, Township 2 South, Range 5 East, Lot 1, 11.89 acres, located in P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat J-695 thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.
Owner Randy Hecht, RTR Holdings II, LLC, 22 Turtle Rock Court, Tiburon, CA 94920
Applicant Davis Maxwell, Capstone Collegiate Communities, 431 Office Park Drive, Birmingham, AL
Representative Zach Lowe, Stahly Engineering, 851 Bridger Drive Suite 1, Bozeman, MT 59715
Staff Planner Nakeisha Lyon Engineer Suzanne Ryan
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
07/19/23 – 08/15/23 07/19/23 07/17/23 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 01/11/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 07/18/2023 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 07/25/2023 Adequate for Further Review With Applicable Conditions and Code Provisions
Design Review Board 08/07/2023 TBD
Recommendation The application is sufficient for approval with conditions and code provisions. Decision Authority Director of Community Development or her designees Date 08/02/23
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The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 2 of 27
Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=269420&cr=1
File of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
PROJECT SUMMARY
This site plan application proposes the construction of 243 dwelling units for group living (student housing),
comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located
at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension
of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to
Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive
to Around Street. The proposed development included a variety of housing types such as single family, rowhouses
and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage,
and an accessory utility building to serve as amenities to future residences. Additionally, this application includes
associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking,
landscaping, irrigation, lighting, parklands, and pedestrian pathways. The site is zoned REMU, residential emphasis
mixed use district, and the proposed uses are consistent with the allowable uses in the REMU zoning district. There
are currently no remaining corrections from the Development Review Committee and all community design
requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to
be adequate with conditions and code provisions.
This site plan proposes more than 45 dwelling units, 4 stories or more, and 90 vehicular parking, therefore, pursuant
to sections 38.210.010 and 38.230.040, The Community Development Board (CDB) acting as the Design Review
Board (DRB) authority is required to make advisory comments and a recommendation to the Director on this site
plan application. The DRB was established to provide design recommendations regarding larger proposals to the
review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to
Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board
(DRB) is established to evaluate aesthetic considerations of larger and more complex proposals which are likely to
produce significant community impact and to provide recommendations regarding such proposals to the review
authority, subject to the provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and
Intensity Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter
38, Article 5 also contains code provisions regarding aesthetic considerations. These include, Block Frontage
(38.510), Site Planning and Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping
(38.550), Signs (38.560), and Lighting (38.570). Sections 5, and 7a through 7g of the staff report attached discuss
these code provisions.
The property has been annexed, zoned, and subdivided with previous review by the Community Development
Board and City Commission and approval is in place. Discussion of land use policy, zoning, and community design
is irrelevant to this meeting. The purpose of this meeting is the proposed design contained in the applications.
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The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 3 of 27
The Community Development Board meeting will occur on Monday, August 7, 2023 in person at 6:00 p.m., in the
Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to
participate remotely. Instructions for joining the remote meeting will be included on the meeting agenda, which is
published on the City’s website at least 48 hours prior to the meeting. The agenda is available at
https://www.bozeman.net/meetings. The public notice period begun on July 19, 2023 and ends August 15, 2023.
Within 10 days of the closing of the public comment period, the Director of Community Development will make the
final decision on this application.
DEPARTURES REQUESTED
1. No departures are requested at this time.
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 4 of 27
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit 243 dwelling units for group living (student housing), comprised of 655 bedrooms amongst 45 buildings on approximately 11.89 acres located on vacant property located at the northwest corner of South 11th Avenue and Arnold Street. The proposed development includes the extension of Arnold Street between South 14th Avenue and South 11th Avenue, South 14th Avenue from Student Drive to Arnold Street, South 13th Avenue from Student Drive to Arnold Street, and South 12th Avenue from Student Drive to Around Street. The proposed development included a variety of housing types such as single family, rowhouses and apartment buildings. The proposed development includes accessory uses such as a clubhouse, pool, garage, and an accessory utility building to serve as amenities to future residences. Additionally, this application includes associated design and infrastructure improvements pertaining to open space, vehicular and bicycle parking, landscaping, irrigation, lighting, parklands, and pedestrian pathways. The site is zoned REMU, residential emphasis mixed use district, and the proposed uses are consistent with the allowable uses in the REMU zoning district. There are currently no remaining corrections from the Development Review Committee and all community design requirements including transportation facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code provisions. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of _______________2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT
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Application No. 22337
August 3, 2023
Page 5 of 27
DRAFT CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. Addressing: Addresses have been assigned to these units, however will need to be changed according to the latest
set of plans. However, they will not be changed/corrected until final decisions have been made and approved.
3. The subject property is located within the S 11th Street Payback Payback District Boundary. If the subject property
did not participate in the original cost of construction of improvements, the subject property will be accessed a
payback charge prior to Site Plan Approval.
(https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=179320&)
4. Park Department: Acceptance of Improvements-in-lieu contingent upon approval of Park Master Plan Amendment
submitted with application 22238.
5. Planning: Please provide a window sample or photographic evidence of transparency for all windows and
transparent material utilized.
6. Planning: The narrative indicates that phasing for the development of this project is desired (individual "blocks" to be
developed at a time). If this is the case, please provide a detailed phasing plan for occupancy of structures include
all off-site improvements in the first phase to be developed such as infrastructure and parks. Landscaping may be
financially guaranteed for one year to accommodate construction and seasonality. Each phase, for the phased
occupancy will need to stand on it's own via parking, circulation, utilities, open space, and other site improvements.
This plan is separate from any requests for concurrent construction which is reviewed and approved by the
Engineering Division. This phasing plan is to illustrate how each internal block will develop in correlation to all
support infrastructure needed to ensure that block is self sufficient. Please give consideration to open space and
parking calculations that each block can serve itself without another. I.e. If the clubhouse provides the bulk of open
space for Blocks west and center, Block east may need to be constructed first or at minimum the clubhouse must
be constructed in the 1st phase in order to support the other blocks.
DRAFT CODE PROVISIONS
1. BMC 38.220.080. A trash container type must be provided and detailed (40 yard roll off, fenced enclosure, etc.). If
spoils storage is proposed a timeline for removal must be provided. Additionally, please ensure this plan correlates
to the phasing per block to ensure as one block is complete, how construction will be managed on the next.
2. BMC 38.360.135.B.3. Please provide the denotation of the minimum land area required per resident in the square
footage calculations for REMU.
3. BMC 38.410.030 - Water adequacy. The final CILWR fee amount is $200,851. The irrigation demand associated
with Park 3 has been addressed with application no. 22238 and is not included with the fee determination. The fee
must be paid prior to final site plan approval. If the owner is still willing to participate in the City high-efficiency
project the agreement should be finalized and executed prior to site plan approval.
4. BMC 38.530.060.A.2. Please provide the metal siding gauge based on this requirement for all metal siding
proposed.
5. BMC 38.540.030.C. Please provide the dimensions for the garages within the multifamily building 2 to ensure
conformance with Table 38.540.020. Individual Residential Garage Dimensional Standards. There appear to be
three garage parking spaces in 1 garage without any separation in multifamily building 2. Additionally, please clarify
if the proposed driveways will have stacked parking. Parking spaces in the garage must have a length of 22 feet.
The door cannot impact this length. Please amend the design accordingly.
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 6 of 27
6. BMC 38.540.050.A. 65 bicycle parking spaces are required based on the 10% calculation for the 655 parking
spaces required. The amount required is based on the required prior to any reductions. Please revise accordingly.
Figure 1: Current Zoning Map
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
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Figure 2: Growth Policy Designation
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Community Development Board Staff Report
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Application No. 22337
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Figure 3: Site Plan
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Application No. 22337
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Figure 4: Landscaping Plan
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Application No. 22337
August 3, 2023
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Figures 5-8: Elevations of One Bedroom Lofts (Rowhouses)
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Community Development Board Staff Report
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Application No. 22337
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Figures 9-12: Elevations of 4 Bedroom Tuckunders (Single Units)
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Application No. 22337
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Page 12 of 27
Figures 13-16: Elevations of 4BR Tuckunder (Triplex)
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Community Development Board Staff Report
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Application No. 22337
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Figures 17-20: Elevations of 5BR Rowhouses (Duplex) (Alternative)
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Application No. 22337
August 3, 2023
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Figures 21-24: Elevations of 5BR Rowhouses (Duplex)
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Community Development Board Staff Report
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Application No. 22337
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Figures 25-28: Elevations of 5BR Rowhouses (Triplex)
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Figures 29-32: Elevations for 5 BR over 2 BR (Single Household)
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Figure 33-36: Elevations for 5 BR over 2 BR (Duplex)
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Figures 37-40: Elevations for Multihousehold Building 1
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Figures 41-44: Elevations for Multihousehold Building 2
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Community Development Board Staff Report
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Figures 45 - 48: Elevations for Multihousehold Building 3
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Community Development Board Staff Report
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Application No. 22337
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Residential Mixed Use Yes
Zoning REMU, Residential High Density District Yes Comments: The project conforms to the requirements of the REMU zoning district. The 2020 Community Plan designation of Residential Mixed Use correlates with the REMU zoning district. The proposed project conforms to this designation by providing urban density homes within the correlated zoning district at acceptable densities. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations None Yes Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 5 Yes
Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project, however will be seeking phased occupancy for the development of each sets of buildings in the project through a sub-phasing plan included in the application. Phased occupancy will be accomplished in five (5) phases. This plan is located in 205-C0.4 Construction Facilities Plan. Each phase is divided into blocks which includes a variety of housing types and all functional amenities to serve that specific phase or the overall site such as private roadways, landscaping, open space, parking, bicycle parking, and walkways to a public sidewalk and internal resources. Landscaping may be financially guaranteed to accommodate construction and seasonality. Any additional development such as an expansion may require an
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Application No. 22337
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amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A
Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments, rowhouses, single household, group living Yes
Form and intensity standards 38.320
Zoning: REMU Setbacks (feet) Structures Parking / Loading Yes Front Block Frontage N/A
Rear 10’ N/A
Side 5’ N/A
Alley N/A N/A
Comments: Rowhouses and apartments are primary uses within the REMU district. The proposed project is meeting setback requirements for the REMU district and the Mixed block frontage designation across the sites 6 street frontages. The building placement meets the 10’ front setback requirements and 5’ side setback requirements. No rear yards are present. Lot coverage 23.8% Allowed 75% Yes Building height 40’1” (4 BR TU) Rowhouses – 27’8” to 40’1” dependent on style and number of bedrooms 4-stories, 58’ 9” (Apt.)
Allowed 5-stories max for group living Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design. The proposed single household (4 BR units), two attached units and rowhouses (4 BR SU, 5 BR SU, 5 BR over 2 BR RH), and Apartments (Building 1 to 3) meet the maximum height standards of 5 stories in REMU when said units are utilized for group living.
Applicable zone specific or overlay standards 38.330-40 Yes Comments: The project is not within an overlay district, but is within the REMU district special standards. The project is meeting the following applicable standards:
• Street and circulation standards. The buildings are oriented with front facades facing the street as specified in the applicable block frontages or mid-block crossings. Shared drive accesses are utilized. No parking is proposed within front setbacks.
• Site planning and design element standards. The project is meeting the site planning design requirements. See Section 7b below.
• Open space standards. The applicant is proposing open space in a variety of approaches in order to meet the BMC including public common open space areas, a community pool, interior common recreational areas through a clubhouse, private balconies, and outdoor pocket plazas and gathering spaces.
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• Building standards. The application is meeting requirements for building design, see section 7c below. Landscaping and lighting, see 7e and 7f below. General land use standards and requirements 38.350 Yes Comments: No setback or height encroachments are proposed. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type Townhouse and rowhouse dwellings Group living Yes
Comments: The proposed rowhouses are in conformance with Sec. 38.360.250. The rowhouses are designed to meet the requirements of Sec. 38.360.250.F.1. with the appropriate use of articulations such as entries with weather protection, windows, and change in building materials scaled appropriately to the façade. The rowhouse design meets the intention of Sec. 38.360.250.F.2. for repetition with variety by providing visual interest within their design. Please see the elevations for the rowhouses for more context. Group living standards denoted in BMC 38.360.135 have been met.
Wireless facilities 38.370 N/A Affordable Housing 38.380.010 N/A Affordable housing plan N/A Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 N/A Street and road dedication 38.400.020 N/A Access easements N/A Level of Service 38.400.060 N/A Transportation grid adequate to serve site N/A
Comments: Street, access, and level of service are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Sidewalks 38.400.080 N/A Comments: Sidewalks is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Drive access 38.400.090 Access to site: N/A N/A Fire lanes, curbs, signage and striping N/A Comments: Vehicular access, fire lanes, curbing, striping, signage and gutters are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Street vision triangle 38.400.100 N/A Transportation pathways 38.400.110 N/A Pedestrian access easements for shared use pathways and similar transportation facilities N/A
Public transportation 38.400.120 N/A Comments: Street vision triangles, transportation pathways, and public transportation are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 24 of 27
applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 N/A Comments: This project does not trigger neighborhood center requirements. There is no proposed neighborhood center applicable to this SP application. Lot and block standards 38.410.030-040 N/A Midblock crossing: rights of way for pedestrians alternative block delineation N/A
Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
N/A
Provisions for utilities including efficient public services and utilities 38.410.050-060 N/A Easements (City and public utility rights-of-way etc.) N/A Water, sewer, and stormwater N/A Other utilities (electric, natural gas, communications) N/A CIL of water N/A Comments: Utilities, easements, water, sewer, and stormwater are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report.
Municipal infrastructure requirements 38.410.070 N/A Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Grading & drainage 38.410.080 N/A Location, design and capacity of stormwater facilities N/A Stormwater maintenance plan N/A
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Stormwater is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Watercourse setback 38.410.100 N/A
Watercourse setback planting plan 38.410.100.2.f N/A Comments: Watercourses and watercourse setbacks are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A N/A Cash donation in lieu (CIL) 38.420.030 N/A
Improvements in-lieu N/A
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 25 of 27
Comments: Cash and improvements-in-lieu of parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A
Park/Recreational area design N/A Comments: Parklands is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Mixed- Landscaped, Internal Special Residential Yes
Departure criteria No departures requested N/A
Comments: All portions of Lot 1, Block 4 are designated as mixed block frontage and will be designated as landscaped block frontage. All ground floor uses are residential and permitted within the REMU zoning district. Building placement of a minimum of 10 feet is met for all dwelling units orientated along the Landscaped Block Frontage. Building entrances are visible and directly accessible from the street. Façade transparency of at least 15% is met for the entire façade of the applicable multi-household buildings and rowhouses. This standard is not applicable to the rowhouses with less than 5 attached units and the single household dwelling units. Parking location standards are met,with parking sited to the side and rear and less than 50% of the surface parking along a street frontage. The streetscapes of South 14th Ave, South 13th Ave, South 12th Ave, South 11th Ave, Student Drive, and Arnold Street will feature a 10’ landscaped setback, 5’ sidewalk, and boulevard planting strips with street trees for every 50 linear feet. Site elements such as lighting, plant material, site furnishings, and signage will be consistent throughout the development to define the character of the district. To meet the special residential frontage requirements the application along sidewalks internal pathways, all buildings will provide a raised deck or porch at least 60 square feet in size and at least one foot above grade. A perennial planting bed in front of these porches will be provided with a diversity of plant materials and textures to maintain visual interest from a pedestrian scale. At areas with sidewalk adjacency to buildings with windows, landscape screening will be provided to create privacy for the residential units. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 N/A Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: A primary east-west pedestrian corridor through the site will connect internal buildings orientated towards this pathway which provides connections to the overall pedestrian pathways and public sidewalks along streets as well as to all site amenities. This corridor will provide frontage to these internal units. Concrete crosswalks are proposed where these walkways cross internal drive aisles. All perimeter units will have a direct pedestrian connection to the street. Proposed pathway widths and crossings meet the standards of this section.
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 655
Reductions residential 38.540.050.A.1.b 75 Parking requirements nonresidential 38.540.050.A.2 N/A
Reductions nonresidential 38.540.050.A.2.c N/A
Provided off-street 580
Provided on-street 75 Bicycle parking 38.540.050.A.4 55 provided, 54 required Yes Comments: Parking is proposed to be provided as surface parking, in garages, compact spaces, and parallel parking along the local streets in the area. Bicycle parking spaces are provided near each building. The proposed parking to serve this site is in conformance with the standards of Sec. 38.540. Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A
Comments: N/A 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes
Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design have been met. Pedestrian pathways are provided connecting all the residential buildings and parking lots. On-site open space 38.520.060 Total required 24,394 square feet Yes Total provided 24,874 square feet Yes Comments: The applicant has proposed open space through a variety of options. This includes private open space, shared outdoor open space, and shared indoor open space via clubhouse. Private outdoor open space is provided through balconies and decks dependent on the residential housing type.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes
Building massing and articulation 38.530.040 Yes
Building details, materials, and blank wall treatments 38.530.050-070 Yes
Comments: The application meets the massing and articulation standards of this section. The proposed apartment buildings, rowhouses, and single unit dwellings utilize a combination or windows, change roof pitch, entries, and building materials to meet the massing and articulation standards. The application meets the building material standards. No blank walls are present.
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Community Development Board Staff Report
The Flats at Bozeman Site Plan
Application No. 22337
August 3, 2023
Page 27 of 27
Parking lot landscaping Yes Additional screening Yes Street frontage Yes Street median island N/A Acceptable landscape materials Yes
Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency N/A Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along applicable roadways.
Landscaping of public lands 38.550.070 N/A Comments: Landscaping of any proposed parklands and trails is not within the purview of the CDB acting in it’s capacity as the DRB. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 N/A N/A Proposed SF/building N/A N/A Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes parking lot lighting and lighting of building entrances. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 N/A Wetland regulations 38.610 N/A Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations are not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report. Draft applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes Comments: A public notice period is being conducted according to the dates on the first page of this report. No public comments have been received as of the writing of this staff report. Public comments will be evaluated and placed in the project file for the review authority if received. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division.
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Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Associate Planner
Anna Bentley, Community Development Director
SUBJECT:Mayfly Townhomes Preliminary Plat application, to subdivide four lots
platted with Norton East Ranch Phase 4 into 46 developable lots for
townhome and duplex structures with associated stormwater, open space,
easements, and right of way. Located northeast of the corner of Fallon Street
and South Laurel Parkway. Application 22310.
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Staff recommends you accept the staff report and findings for application
22310 and recommend approval with conditions and subject to all applicable
code provisions.
Recommended language: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 22310 and
move to recommend approval of the subdivision with conditions and subject
to all applicable code provisions.
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:
The Department of Community Development received a Preliminary Plat
Application on September 23, 2022 requesting to subdivide 5.478 acres to
create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots,
and four alleys, named Anders Place, Betty Lane, Seed (previously Gray)
Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of
Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about
1.375 acres and was originally subdivided to develop as multi-household
residential. The current owners are proposing to further subdivide into
smaller lots instead of develop the existing larger lots by site plan. The
property is currently wholly surrounded by existing subdivided, zoned, and
developed or developing land within City Limits. Surrounding uses include
33
townhomes, single household residential, and apartments. The property was
previously subdivided under Norton Ranch East Phase 4 and that plat was
recorded on April 22, 2020.
On June 30, 2023 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in the staff report. The subdivider did not
request any subdivision or zoning variances with this application. The
applicant requested and was granted waivers with the pre-application plan
review on June 9, 2022 for surface water, floodplains, vegetation, wildlife,
agriculture, agricultural water user facilities, neighborhood center plan,
miscellaneous, and affordable housing. Please see the staff report for
analysis of the remaining review criteria. The subject property is zoned R-4,
Residential High Density, and the underlying growth policy designation is
Urban Neighborhood.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by September 26, 2023.
The Community Development Board is reviewing this application in their role
as the Planning Board. Per 38.240.140.A.2 of the municipal code, the
primary responsibility of the Planning Board in subdivision review is to
comment on compliance of the proposed plat with the growth policy. See
Section 6 of the attached staff report for analysis on growth policy
compliance. The Planning Board makes recommendations to the City
Commission
Materials in the submittal relevant to the Planning Board’s duties include:
Application Documents
Application Plans
The application documents folder will contain the infrastructure reports
including water, sewer, stormwater, and traffic impacts, as well as
documentation to demonstrate compliance with Chapter 38 including
compliance with adopted standards required in BMC 38.220.060.
The application plans folder will contain the full plat set, as well as the
overall site plan, proposed landscaping plans, proposed utility designs, and
proposed alley plans.
34
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the Community Development Board.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
delivery municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
22310 CDB Staff Report.pdf
Report compiled on: August 1, 2023
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Page 1 of 19
22310 Staff Report for theMayfly Townhomes Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, August 7, 2023 at 6:00 pm.
City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm
Project Description: A preliminary plat requesting to subdivide four large lots into a 46 lot
major subdivision for townhomes and two-household dwellings (duplexes) in Norton
East Ranch Phase 4. The subdivision proposes to create 62 homes comprised of 30
townhome units and 32 duplex units, as well as four open space parcels to facilitate
pedestrian access and lot frontage.
Project Location: The property is described as Lots 1-4 of Block 11, Norton Ranch East
Subdivision Phase 4, located northeast of the corner of Fallon Street and South Laurel
Parkway.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 22310 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: July 31, 2023
Staff Contact: Danielle Garber, Associate Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 2 of 19
Project Summary
The Department of Community Development received a Preliminary Plat Application on
September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-
household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Betty Lane,
Seed (formerly Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4
of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres
and was originally subdivided to develop as multi-household residential. Each of the named
alleys will provide vehicular access to the site from these existing streets: Fallon Street, South
Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian access and frontage for some of
the proposed lots will be via two north-south sidewalks proposed to run through the 4 open space
lots, as well as direct frontage on the existing surrounding public streets. The property is
currently wholly surrounded by existing subdivided, zoned, and developed or developing land
within City Limits. The property was previously subdivided under Norton Ranch East Phase 4.
That plat was recorded on April 22, 2020. The property is zoned R-4.
On June 30, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final
decision for this preliminary plat must be made by September 26, 2023.
Community Development Board
The Community Development Board acting in their capacity as the Planning Board is scheduled
for August 7, 2023 at 6:00 pm.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 3 of 19
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Community Development Board ........................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS ..................................................................................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10
38.220.060 Documentation of compliance with adopted standards ................................. 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 16
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 18
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18
FISCAL EFFECTS ....................................................................................................................... 18
ATTACHMENTS ......................................................................................................................... 18
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22310 Staff Report for Mayfly Townhomes Subdivision Page 4 of 19
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Page 5 of 19
Exhibit 2 – Community Plan 2020 Future Land Use
40
Page 6 of 19
Exhibit 4 – Preliminary Plat
Exhibit 5 – Landscaping Plan
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Page 7 of 19
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The final plat must conform to the standards of the Montana Subdivision and Platting Act
and Bozeman Municipal Code.
2. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City
standard form for the following:
a. Street improvements to South Laurel Parkway from Vaughn Drive to Huffine
Lane.
b. Street improvements to Fallon Street from North Cottonwood Road to South
Eldorado Avenue.
c. Intersection improvements at South Cottonwood Road and West Babcock Street.
d. Intersection improvements at Fallon Street and South Cottonwood Road.
e. Intersection improvements at South Laurel Parkway and West Babcock Street.
f. Intersection improvements at Fallon Street and South Laurel Parkway.
g. Intersection improvements at South Laurel Parkway and Huffine Lane.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required.
The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 8 of 19
c. The applicant must provide a ten-foot wide drain tile maintenance easement along
the drain tile alignment on the subject property prior to final plat approval.
d. Public access easements are required for the two north-south pedestrian walks
proposed to mitigate block length and facilitate frontage for interior lots.
e. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
3. Sec. 38.410.130 - Water adequacy. Compliance with the water adequacy code section
must be achieved prior to final plat approval. The Cash-in-lieu of water rights (CILWR)
fee for the project must be finalized and paid prior final plat approval. As the open space
lots are proposed to be irrigated using an exempt groundwater well, the CILWR fee can
be finalized until a determination is provided from the DNRC confirming the allowance
of the well.
4. Sec. 38.400.070 - Subdivision lighting special improvement lighting district (SILD).
SILD information must be submitted to the City and the district formed after preliminary
plat approval in hard copy and digital form. Any final plat application will not be deemed
complete until the resolution to create the SILD has been approved by the City
Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD must be granted prior to final plat approval.
5. Sec. 38.240.410 through 38.240.540. Plat certificates. The language contained in the
certificates on the plat must follow the language in the corresponding certificates.
a. The Director of Public Works no longer exists, the applicable plat certificates will
need to be updated to Director of Transportation and Engineering with final plat.
b. The dedication block lists parks and playgrounds that this subdivision is not
providing. These must be removed from the dedication for final plat.
c. The Certificate Accepting Cash Donation In-Lieu of Land Dedication must be
added to the final plat.
6. DSSP Sections IV.H and IV.J. Mid-block crosswalks with proper lighting, pedestrian
ramps, and striping shall be installed at all locations where pathways will cross the
adjacent streets prior to final plat approval.
7. Sec. 38.270.070 Traffic impacts. The applicant has indicated in the traffic impact study
(TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of
service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the City's Capital
Improvements Plan (Project A & C012) and are eligible for payment of cash-in-lieu of
capital facilities. Prior to final plat approval, the applicant must pay the development's
proportionate share of the improvements' costs.
8. DSSP Section V.D. The applicant must provide adequate water and sewer easement
around the fire hydrant so that the hydrant is no less than nine feet from the easement
boundary. The applicant must label the easement on the plat and provide the easement
dedication prior to final plat approval.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 9 of 19
9. Sec. 38.420.030 Cash donation-in-lieu of land dedication. The applicant must update
the parkland tracking table to reflect the appraisal value in effect at the time of final plat
application.
10. Sec. 38.220.070 Final plat notations. Among others the final plat must contain the
following notations on the conditions of approval sheet.
d. Due to known high groundwater conditions in the area no basements will be
permitted with future development of the site. No crawl spaces will be permitted
with future development of the site, unless a professional engineer registered in
the State of Montana certifies that the lowest point of any proposed structure is
located above the seasonal high groundwater level and provide supporting
groundwater data prior to the release of building permit. In addition, sump pumps
are not allowed to be connected to the sanitary sewer system. Sump pumps are
also not allowed to be connected to the drainage system unless capacity is
designed into the drainage system to accept the pumped water. Water from sump
pumps may not be discharged onto streets, such as into the curb and gutters where
they may create a safety hazard for pedestrians and vehicles.
e. Homes on corner lots shall have the same orientation as homes on the interior of
the block. Lots fronting open space shall have building fronts facing the open
space.
f. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2
Improvements and securities. The length of time for improvements agreements
for public sidewalks must not exceed one year from the date of final plat approval
11. Sec. 38.220.300 and 310 Property owners’ association. Property owners’ association
(POA) documents including covenants must be provided with the final plat prior to being
finalized and recorded. The POA documents must include the requirements of BMC
38.220.300, 310, and 320 where applicable.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on June 30, 2023.
Planning Board meeting will be held Monday, August 7, 2023 at 6:00 pm at 121 N Rouse in the
City Commission chambers.
City Commission meeting will be held Tuesday, August 22, 2023 at 6:00 pm at 121 N Rouse in
the City Commission chambers.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 10 of 19
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on
September 23, 2022. The DRC reviewed the preliminary plat application and determined the
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submittal did not contain detailed, supporting information that was sufficient to allow for the
continued review of the proposed subdivision on November 30, 2022.
A revised application was received on January 3, 2023. The DRC found that the revised
information was still not sufficient for continued review on January 31, 2023.
A revised application was received on February 14, 2023. The DRC found that the revised
information was still not sufficient for continued review on March 14, 2023.
A revised application was received June 6, 2023. The DRC determined the application was
adequate for continued review on June 30, 2023 with recommended conditions of approval and
code corrections.
The City scheduled public notice for this application to begin on Monday, July 17, 2023. The
applicant sent public notice to adjacent landowners of record within 200-feet of the subject
property via first class mail and posted two notice boards on the site on July 14, 2023. No public
comment had been received on this application as of the writing of this report.
July 31, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – Water capacity exists to serve the subdivision. The proposed water system will tie
into existing mains installed during different phases of the North East Ranch Subdivision. The
water system will be looped into the City system via extensions proposed via easement through
the alley right of ways. Waste water is proposed to floor north and west down the proposed
alleys to tie into existing sanitary sewer infrastructure in South Laurel Parkway. Peak sewer flow
rates and designs were reviewed by the Engineering Division to ensure adequate capacity.
Easements – The applicant is required to provide all necessary public and private easements on
City standard easement templates with the final plat application to facilitate services to and
through the subdivision. These include easements for ten-foot private utility easements along the
front of each lot, a 10-foot wide drain tile easement, and public access easements along the two
north-south pedestrian walks.
Parks – A developed park sits directly across May Fly Street to the north of the proposed
subdivision. Parcels along the north edge of the subdivision will have front doors facing this
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22310 Staff Report for Mayfly Townhomes Subdivision Page 12 of 19
park. The subject property is also within ¼ mile of 4 other public parks in the Norton Ranch
neighborhood. With the Phase 4 plat of Norton Ranch Subdivision 1.31 acres of parkland
remains allocated for the subject property (Block 11). The total parkland obligation for the
development is 1.51 acres. Cash-in-Lieu of parkland is proposed to meet the additional
dedication of 0.20 acres, this is estimated at $19,740.02. A final valuation will be required at the
time of final plat prior to payment of the required cash-in-lieu. Parks planners reviewed the CIL
proposal and found it to be consistent with Resolution 4784.
Stormwater – The subdivision will construct stormwater facilities to conform to municipal code.
Stormwater runoff is proposed to be collected by the proposed alleys and conveyed to existing
storm drain inlets and one new inlet on Pond Lily Drive via the surrounding curb and gutter
system. The runoff will move through storm sewer system pipes to the existing detention ponds
constructed with the first phase of Norton Ranch Subdivision. Phase 4 of Norton Ranch
expanded the size of the ponds to receive runoff from the subject property, an additional
expansion with this development is proposed to match required stormwater capacity with known
development. Peak runoff rates were provided by the applicant and reviewed by the Engineering
Division to ensure capacity in the existing detention basins.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Proposed street names and addresses have
been reviewed by the Fire Department, GIS, and the 911 center.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 2 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated alley right of way.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets or a greenway corridor constructed to City
standards with lot frontage meeting minimum standards shown on the preliminary plat. Four
named alleys are proposed to provide vehicular access to all proposed lots. Pedestrian access is
proposed through a combination of public street frontage and greenway corridors as permitted
under BMC 38.400.090.B.2.c.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on June 9, 2022 and no variances were requested. The applicant requested and was
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granted waivers for Surface Water, Floodplain, Vegetation, Wildlife, Agriculture, Agricultural
Water User Facilities, Neighborhood Center Plan, Miscellaneous, and Affordable Housing.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
No existing streams or surface water features are located within or adjacent to the proposed
subdivision. The requirement for surface water documentation was waived.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The requirement for a floodplain
report was waived.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed between April 2022 and August 2022 and included
two test pits, indicating groundwater at depths ranging from 2.5 feet to 4 feet over time. A
condition of approval will restrict the construction of basements. No crawl spaces will be
permitted with future development of the site, unless a professional engineer registered in the
State of Montana certifies that the lowest point of any proposed structure is located above the
seasonal high groundwater level and provide supporting groundwater data prior to the release of
building permit.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. The subject parcels are surrounded by
city streets and graded for development. The requirement for a vegetation map and protective
measures was waived.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process. The subject parcels are surrounded by city streets and developed
areas.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
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38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. See discussion above under primary
review criteria.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. No new streets are
proposed with the subdivision. Access to the existing street grid is proposed from all 4
surrounding streets via the proposed alleys. This proposed subdivision will include City standard
sidewalks around its perimeter, and two north-south pedestrian paths through the development to
facilitate pedestrian access. These pathways are required by code provisions to have public
access easements to ensure legal pedestrian movement through the site to nearby parks and trails.
A traffic impact study (TIS) was prepared in November 2022 for the Urban Farm Subdivision to
the south and included the subject property. An additional traffic impact letter (TIL) was
prepared in July 2022 with trip generation estimates and analysis to support the inclusion of the
drive access from South Laurel Parkway, classified as a collector street, 110-feet from the
intersection of May Fly Street, as well as additional traffic figures, and capacity and level of
service analysis. The City’s reviewing engineer reviewed both for compliance with city
standards and methods and assessed impacts. A waiver of right to protest creation of special
improvement districts (SID’s) is a required condition of approval and will ensure proportional
contribution by the subject property for future road and intersection improvements to South
Laurel Parkway, Fallon Street, South Cottonwood Road and West Babcock Street. A code
provision also requires payment into the City’s Capital Improvements Plan (CIP) fund to ensure
improvements of the Fallon Street and Cottonwood Road intersection, which is anticipated to fall
below the level of service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the CIP (Project
A&C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat
approval, the applicant must pay the development's proportionate share of the improvements'
costs.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
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38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create lots
to accommodate townhomes and two-household dwellings (duplexes). These uses are existing in
the neighborhood and principle uses in the R-4 zoning district.
38.220.060.A.14 - Parks and Recreation Facilities
This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by
the Parks Department. Because this is an infill development of only 5.48 acres, there is not
adequate land within the subject property to accommodate a beneficial park. There are several
parks in the Norton Ranch park system that are within a 10 minute walk from the proposed
development and one park immediately adjacent.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision was granted a waiver to the neighborhood center plan requirement during Pre-
Application review. This project will not be providing a neighborhood center due to the
relatively small size of the development area.
38.220.060.A.16 - Lighting Plan
This subdivision will not significantly impact lighting. Perimeter street lights will be installed.
The applicant is required to install lighting at mid-block pedestrian crossings. All new public
lighting must be annexed into an existing special improvement lighting district (SILD) or a new
SILD must be created prior to final plat approval.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development. Documentation for this code section was waived during Pre-
Application review.
38.220.060.A.18 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
38.220.060.A.19 – Adopted Growth Policy
This proposal furthers the adopted growth policy. The subdivision is zoned R-4 which anticipates
residential development at this scale. Refer to Appendix A below, Project Site Zoning and
Growth Policy for further discussion on the adopted growth policies this proposal supports.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
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type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood designation by
providing lots that will support a variety of housing types including townhouses, and duplex
units in an existing developed residential area. The townhouse and two-household lots will
support construction of “missing middle” housing which is contemplated throughout the
Bozeman Community Plan 2020. The proposed subdivision is also located in a connected area
with relatively quick access to a variety of goods and services.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Hyalite Engineers, PLLC, 2304 N. 7th Ave.,
Suite L, Bozeman, MT 59715 representing the property owner Fallon First, LLC, PO Box
160250, Big Sky, MT 59716 was submitted on September 23, 2022.
This Preliminary Plat Application is requesting to subdivide 5.478 acres to create 30 townhouse
lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place,
Betty Lane, Seed (previously Gray) Way, and Nye Place. The site is currently subdivided as a
part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is
about 1.375 acres and was originally subdivided to develop as multi-household residential. The
current owners are proposing to further subdivide into smaller lots instead of develop the existing
larger lots by site plan. The property is currently wholly surrounded by existing subdivided,
zoned, and developed or developing land within City Limits. Surrounding uses include
townhomes, single household residential, and apartments. The property was previously
subdivided under Norton Ranch East Phase 4 and that plat was recorded on April 22, 2020.
On June 30, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in the staff
report. The subdivider did not request any subdivision or zoning variances with this application.
The applicant requested and was granted waivers with the pre-application plan review on June 9,
2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user
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facilities, neighborhood center plan, miscellaneous, and affordable housing. The subject property
is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban
Neighborhood.
This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) -
Exemption for Certain Subdivisions. This statute exempts this subdivision from the public
hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be
made within 60 working days from sufficiency, or by September 26, 2023.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420. The applicant posted public notice on the subject property on July
14, 2023. The applicant sent public notice to all other landowners of record within 200-feet of
the subject property via first class mail, on July 14, 2023.
As of the writing of this report no public comment has been received.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Fallon First, LLC, PO Box 160250, Big Sky, MT 59716
Applicant: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Representative: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
Application materials – Available through the Laserfiche archive, the full file is linked below.
Application Documents
Application Plans
The application documents folder will contain the infrastructure reports including water, sewer,
stormwater, and traffic impacts, as well as documentation to demonstrate compliance with
Chapter 38 including compliance with adopted standards required in BMC 38.220.060.
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22310 Staff Report for Mayfly Townhomes Subdivision Page 19 of 19
The application plans folder will contain the full plat set, as well as the overall site plan,
proposed landscaping plans, proposed utility designs, and proposed alley plans.
The full application and file of record can be viewed digitally by navigating to the City’s Project
Information Portal website, select the “Project Documents Folder” link and navigating to
application 22310, as well as digitally at the Community Development Department at 20 E.
Olive Street, Bozeman, MT 59715.
54
Memorandum
REPORT TO:Community Development Board
FROM:Jon Henderson, Strategic Services Director
SUBJECT:Gallatin Valley Sensitive Lands Protection Plan
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Gallatin Valley Sensitive Lands Protection Plan
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:On April 16, 2018 the City Commission approved Resolution 4852 adopting
the City of Bozeman Strategic Plan. Section 6.6 of the Strategic Plan calls for
working with partner organizations to identify at-risk, environmentally
sensitive areas that contribute to water quality, wildlife corridors, and
wildlife habitat. On December 21, 2021 the City Commission approved
Resolution 5368 adopting the Gallatin Valley Sensitive Lands Protection Plan
as a City Commission priority for 2022-2023.
On July 12, 2022 the City Commission approved a Professional Services
Agreement with Logan Simpson for the development of the Gallatin Valley
Sensitive Lands Protection Plan.
The Gallatin Valley Sensitive Lands Protection Plan is a comprehensive study
to evaluate habitat and corridors between urban and natural areas
throughout the valley before critical opportunities are lost to development.
Furthermore, the value of existing agricultural lands is considered as it
relates to the overall economic, cultural, and environmental vitality of the
region. Linkages and important wildlife habitat needed for all phases of
species’ lifecycle have been inventoried and evaluated in an effort to identify
critical corridors, including recommendations to protect sensitive lands in
these areas.
A Working Group of government agencies and non-profit organizations was
formed in 2022 to help guide the development of the plan, based on a wide
range of local experience, meeting several times over the past year and a
half. Committed partners include:
Animal Welfare Institute
55
City of Belgrade
City of Bozeman
Criaghead Institute
Gallatin County
Gallatin Valley Land Trust
Gallatin Watershed Council
Gallatin Wildlife Association
Montana Fish, Wildlife & Parks
Montana Freshwater Partners
Sacajawea Audubon Society
Sierra Club
U.S. Forest Service
Yellowstone to Yukon Conservation Initiative
Extensive public engagement has been conducted to inform the scope of
interconnected issues experienced within areas of sensitive lands related to
a number of stressors, including but not limited to, development,
transportation infrastructure, local economy, recreation, human wildlife
conflicts, and climate change. Public engagement efforts include a
statistically valid survey and two open houses which have helped shape
inputs of the plan to reflect values of the local community. Numerous
authoritative datasets have been assembled into geospatial models that help
visualize where sensitive lands may exist within the following themes.
Please see the attached materials for a complete list of data layers used to
develop model results.
Wildlife & Biodiversity: These lands contain important wildlife habitat
and plant communities that contribute to an intact and diverse
Greater Yellowstone ecosystem. Keystone species, such as elk and
western slope cutthroat, require healthy and cohesive habitats on
these lands. Wildlife relies on the Gallatin Valley for food,
reproduction, and critical winter range.
Connectivity: These lands facilitate ecological interactions and the
movement of wildlife to food, shelter reproduction, clean water, and
critical winter ranges. This land also provides for the emotional and
physical well-being of residents, such as through scenic landscapes and
quality of life amenities. Nodes are often large publicly managed lands
with multi-use mandates. Corridors entered around water are often
limited in development potential.
Agricultural Heritage: These working lands provide food and livestock
production to maintain the community's historic economic base.
Agricultural lands also provide open space that helps maintain the
unique sense of place and provides space for wildlife movement and
winter wildlife habitat. This land is typically privately owned and
public access is limited.
56
Water Quality and Quantity: Water systems integrate with all other
themes as natural water features (wetlands, riparian areas, lakes,
streams, and rivers) which provide critical habitat and connectivity for
aquatic species and wildlife populations, clean drinking water, and
resiliency to natural disasters and climate change. Human made
irrigation infrastructure also provides value to the land in the form of
water delivery for working farms and ranches, and groundwater
recharge that supports the health of the entire ecosystem.
Preliminary model results are available within an interactive GIS map. This
GIS web mapping application is open and available to the public as a means
of providing access to a wide range of publicly available data in a user
friendly format to help inform decisions. This City of Bozeman GIS Division
will maintain this application over time, including enhancements and
updates to ensure the best available data is available to the community.
Draft recommendations (i.e., "tools") are also in development, to include a
mix of regulations and incentives. Please see the attached materials for a list
of all tools currently under consideration. These tools will be further
reviewed by the Working Group, in addition to input received from the
community, with a final draft available in October 2023.
Final products including GIS layers and specific policy and program
recommendations will serve a number of audiences including public officials,
citizens, developers, and other agencies in a way that informs decisions
about land use and management within the Gallatin Valley.
Jon Henderson, City of Bozeman Strategic Services Director, will provide a
brief introduction to the project in anticipation of the Community
Development Board's future consideration as it relates to changes to the
Montana Land Use Planning Act in Senate Bill 382, for compliance with the
Bozeman Community Plan adopted in 2020 (land use plan).
Moving forward, the Gallatin Valley Sensitive Lands Plan will be reviewed by
the Sustainability Board, the Urban Parks and Forestry Board, and the
Community Development Board, in addition to a public event in October to
review the draft plan. The City Commission will consider formal acceptance
by Resolution, tentatively scheduled for December 19, 2023.
Implementation of tools listed in the plan will begin in 2024 with
considerations of how specific strategies might inform future updates to City
policy and codes, in addition to working with regional partners to support
implementation strategies beyond the city limits.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Community Development Board.
57
FISCAL EFFECTS:None.
Attachments:
Data Modeling Methods by Theme.pdf
Preliminary Tool List.pdf
Report compiled on: August 2, 2023
58
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Bird Biodiversity Raster Montana
Natural
Heritage
Program
2022 Locations of low to high bird biodiversity (more biodiversity the more
sensitive the land as a critical ecosystem). Inputs to this biodiversity
model raster were normalized to a 90 x 90 meter grid, which is the
finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Reptile
Biodiversity
Raster Montana
Natural
Heritage
Program
2022 Locations of low to high reptile biodiversity (more biodiversity the more
sensitive the land as a critical ecosystem). Inputs to this biodiversity
model raster were normalized to a 90 x 90 meter grid, which is the
finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Amphibian
Biodiversity
Raster Montana
Natural
Heritage
Program
2022 Locations of low to high amphibian biodiversity (more biodiversity the
more sensitive the land as a critical ecosystem). Inputs to this
biodiversity model raster were normalized to a 90 x 90 meter grid,
which is the finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Plant
Biodiversity
Raster Montana
Natural
Heritage
Program
2022 Locations of low to high plant biodiversity (more biodiversity the more
sensitive the land as a critical ecosystem). Inputs to this biodiversity
model raster were normalized to a 90 x 90 meter grid, which is the
finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Native Fish
Biodiversity
Raster Montana
Natural
Heritage
Program
2022 Locations of low to high native fish biodiversity (more biodiversity the
more sensitive the land as a critical ecosystem). Inputs to this
biodiversity model raster were normalized to a 90 x 90 meter grid,
which is the finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Wildlife &
Biodiversity
These lands contain important wildlife habitat and plant communities that contribute to an intact and diverse Greater Yellowstone ecosystem. Wildlife relies on the Gallatin Valley for food, reproduction, and critical winter range. All plants
and wildlife, and especially keystone species such as elk and western slope cutthroat, require healthy and cohesive habitats on these lands.
59
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Mammal
Biodiversity
Raster Montana
Natural
Heritage
Program
2022 Locations of low to high mammal biodiversity (more biodiversity the
more sensitive the land as a critical ecosystem). Inputs to this
biodiversity model raster were normalized to a 90 x 90 meter grid,
which is the finest scale that this data can be considered for.
Optimal suitability: 75 - 100% of
value (3)
Moderate suitability: 25 - 75% of
value (2)
Low Suitability: 0 - 25% of value
(1)
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 3. Converts
layer from raster to polygon. 4. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://mtnhp.org/models
/
Gallatin, Madison,
and Broadwater
Counties
Wildlife and
Biodiversity
Results layer
Geodatabase
feature class
2023 This layer displays the results of the wildlife and biodiversity sensitivity
model, which consists of an overall sensitivity score calculated by
summing all scores assigned to each input layer, where higher scores
indicate areas with either a larger diversity of layers or higher individual
scoring for data present in the area.
NA 1. Creates a union of all processed input
layers. 2. Adds a field for overall sensitivity
score. 3. Calculates the sensitivity score by
adding all the scores calculated for each
input layer. 4. Deletes excess fields not
related to the assigned input and sensitivity
scores.
https://gallatin-valley-plan-
bozeman.hub.arcgis.com/
Gallatin, Madison,
and Broadwater
Counties
Montana
Wetland
Framework
Shapefile Montana
Natural
Heritage
Program
2021 Wetlands are a vital ecosystem for habitat corridors and connectivity
for wildlife and water quality/quantity.
Select all - buffer by 150 feet (300
foot corridor) (3)
1. Extracts layer areas only within the study
area. 2. Buffers riparian areas by 150 feet
on each side, creating a 300-foot corridor.
3. Adds an empty field for the wetland
score. 4. Calculates a score in the wetland
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://mslservices.mt.go
v/Geographic_Information
/Data/DataList/datalist_D
etails.aspx?did=%7Bf57e9
2f5-a3fa-45b2-9de8-
0ba46bbb2d46%7D
Gallatin, Madison,
and Broadwater
Counties
Montana
Riparian
Framework
Shapefile Montana
Natural
Heritage
Program
2021 Riparian Areas are a vital ecosystem for habitat corridors and
connectivity for wildlife and water quality/quantity.
Select all - buffer by 150 feet (300
foot corridor) (3)
1. Extracts layer areas only within the study
area. 2. Buffers riparian areas by 150 feet
on each side, creating a 300-foot corridor.
3. Adds an empty field for the riparian
score. 4. Calculates a score in the riparian
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://mslservices.mt.go
v/Geographic_Information
/Data/DataList/datalist_D
etails.aspx?did=%7Bf57e9
2f5-a3fa-45b2-9de8-
0ba46bbb2d46%7D
Gallatin, Madison,
and Broadwater
Counties
Wildlife & Biodiversity
These lands facilitate ecological interactions and wildlife movement to food, shelter, reproduction, clean water, and critical winter ranges. This land also provides for the emotional and physical well-being of residents, such as through
scenic landscapes and recreation. Nodes are often large publicly managed lands with multiple use mandates. While data representing wildlife corridors is not publicly available at the scale needed for this analysis, this layer represents
areas with more intact habitat, riparian and wetland areas, and big game winter distributions, which may indicate nodes that could benefit actual wildlife corridors if protected from degradation and connected through future protections.
Connectivity
60
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Conservation
Easements
Shapefile Montana
Natural
Heritage
Program
2022 Areas that are already protected by conservation easements so won't
need a priority ranking, but could influence protection of surrounding
sensitive lands. WIthin the connectivity model, these areas act as
desirable nodes to connect.
Select all (1)1. Extracts each layer only within the study
area (3 intersections). 2. Combines
conservation easements, managed areas,
and protected areas database layers into
one layer without overlap through two
unions. 3. Adds an empty field for the
protected lands score. 4. Calculates a score
in the protected lands score field from 1
(lowest) to 3 (highest) for each attribute as
described in the attribute selection column.
https://mslservices.mt.go
v/geographic_information
/data/datalist/datalist_De
tails.aspx?did=%7B9d69b2
62-b766-11e2-bc7e-
f23c91aec05e%7D
Gallatin, Madison,
and Broadwater
Counties
Managed Areas Shapefile Montana State
Library
2021 Contains information on special land designations that impact
management decisions. Examples include Indian Reservations, National
Wildlife Refuges, State Parks, and Wilderness Areas. WIthin the
connectivity model, these areas act as desirable nodes to connect.
Select all (1)https://mslservices.mt.go
v/geographic_information
/data/datalist/datalist_De
tails.aspx?did=%7B80C231
Gallatin, Madison,
and Broadwater
Counties
Protected Areas
Database
Database U.S. Geological
Survey
2022 Unifies regions of wildlife corridors, watersheds, and trail systems.
WIthin the connectivity model, these areas act as desirable nodes to
connect.
Select all (1)https://www.usgs.gov/pro
grams/gap-analysis-
project/science/pad-us-
data-overview
Gallatin, Madison,
and Broadwater
Counties
Randomized
Shortest Paths
for Grizzly Bear
Dispersal (GYE)
Raster U.S. Geological
Survey
2017 Randomized shortest path raster estimating potential dispersal paths
for male-mediated gene flow for one of two populations of grizzly
bears, the Greater Yellowstone Ecosystem (GYE) population. Raster cell
size for this input is 300 x 300 meters.
No paths: 0 - 25% of value
Low Density: 25 - 50% of value
Moderate Density: 50% - 75% of
value
High Density: 75 - 100% of value
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 4. Converts
layer from raster to polygon. 5. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://www.sciencebase.
gov/catalog/item/59149e
e6e4b0e541a03e9a58
Gallatin, Madison,
and Broadwater
Counties
Randomized
Shortest Paths
for Grizzly Bear
Dispersal (NCDE)
Raster U.S. Geological
Survey
2017 Randomized shortest path raster estimating potential dispersal paths
for male-mediated gene flow for one of two populations of grizzly
bears, the North Continental Divide Ecosystem (NCDE) population.
Raster cell size for this input is 300 x 300 meters.
No paths: 0 - 25% of value
Low Density: 25 - 50% of value
Moderate Density: 50% - 75% of
value
High Density: 75 - 100% of value
1. Extracts layer areas only within the study
area. 2. Assigns a score from 1 (lowest) to 3
(highest) to each attribute as described in
the attribute selection column. 4. Converts
layer from raster to polygon. 5. Renames
the attribute field with rankings from
GRIDCODE to descriptive scoring field
name.
https://www.sciencebase.
gov/catalog/item/59149e
e6e4b0e541a03e9a58
Gallatin, Madison,
and Broadwater
Counties
Elk Distribution
in Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2022 General and winter distribution of Elk. Distribution is not mapped in
National Parks and Indian Reservations. Large game represent
important species in Gallatin Valley, especially during migration and
winter. These species may also correlate with other important species.
Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the elk score. 4.
Calculates a score in the elk score field from
1 (lowest) to 3 (highest) for each attribute
as described in the attribute selection
column.
https://arcg.is/0bufmr Gallatin, Madison,
and Broadwater
Counties
Connectivity
61
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Mountain Goat
Distribution in
Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2023 General and winter distribution of Mountain Goat. Distribution is not
mapped in National Parks and Indian Reservations. Large game
represent important species in Gallatin Valley, especially during
migration and winter. These species may also correlate with other
important species.
Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the mountain goat
score. 4. Calculates a score in the mountain
goat score field from 1 (lowest) to 3
(highest) for each attribute as described in
the attribute selection column.
https://arcg.is/0Tjujq Gallatin, Madison,
and Broadwater
Counties
Mule Deer
Distribution in
Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2023 General and winter distribution of Mule Deer. Distribution is not
mapped in National Parks and Indian Reservations. Large game
represent important species in Gallatin Valley, especially during
migration and winter. These species may also correlate with other
important species.
Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the mule deer
score. 4. Calculates a score in the mule deer
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://arcg.is/1bG5Du0 Gallatin, Madison,
and Broadwater
Counties
Moose
Distribution in
Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2019 General and winter distribution of Moose. Distribution is not mapped in
National Parks and Indian Reservations. Large game represent
important species in Gallatin Valley, especially during migration and
winter. These species may also correlate with other important species.
Select Winter Distribution (2)1. Selects winter distribution. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the moose score. 4.
Calculates a score in the moose score field
from 1 (lowest) to 3 (highest) for each
attribute as described in the attribute
selection column.
https://arcg.is/SyGXy Gallatin, Madison,
and Broadwater
Counties
Pronghorn
Antelope
Distribution in
Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2019 General distribution of Pronghorn Antelope. Distribution is not mapped
in National Parks and Indian Reservations. Large game represent
important species in Gallatin Valley. These species may also correlate
with other important species.
Select General Distribution (1)1. Extracts layer areas only within the study
area. 2. Adds an empty field for the
pronghorn score. 3. Calculates a score in
the pronghorn score field from 1 (lowest)
to 3 (highest) for each attribute as
described in the attribute selection column.
https://arcg.is/1Cyi95 Gallatin, Madison,
and Broadwater
Counties
White-tailed
Deer
Distribution in
Montana
Shapefile Montana Fish,
Wildlife, and
Parks
Department
2020 General distribution of White-tailed Deer. Distribution is not mapped in
National Parks and Indian Reservations. Large game represent
important species in Gallatin Valley. These species may also correlate
with other important species.
Select General Distribution (1)1. Extracts layer areas only within the study
area. 2. Adds an empty field for the white-
tailed deer score. 3. Calculates a score in
the white-tailed deer score field from 1
(lowest) to 3 (highest) for each attribute as
described in the attribute selection column.
https://arcg.is/L1fPr0 Gallatin, Madison,
and Broadwater
Counties
Connectivity
Results layer
Geodatabase
feature class
2023 This layer displays the results of the connectivity sensitivity model,
which consists of an overall sensitivity score calculated by summing all
scores assigned to each input layer, where higher scores indicate areas
with either a larger diversity of layers or higher individual scoring for
data present in the area.
NA 1. Creates a union of all processed input
layers. 2. Adds a field for overall sensitivity
score. 3. Calculates the sensitivity score by
adding all the scores calculated for each
input layer. 4. Deletes excess fields not
related to the assigned input and sensitivity
scores.
https://gallatin-valley-plan-
bozeman.hub.arcgis.com/
Gallatin, Madison,
and Broadwater
Counties
Connectivity
62
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Prime Soils/AG
Lands
Shapefile U.S. Geological
Survey
2022 This layer identifies soils that are important for farmland productivity.Select by FRMLNDCL:
All areas are prime farmland (3)
Farmland of local importance (2)
Farmland of statewide
importance (2)
Prime farmland if irrigated (1)
Not prime farmland (0)
1. For each county, extracts layer areas
only within the study area. 2. Adds an
empty field for the prime soils score. 3.
Calculates a score in the prime soils score
field from 1 (lowest) to 3 (highest) for each
attribute as described in the attribute
selection column. 4. Creates a union of the
prime soils layers for Gallatin, Madison, and
Broadwater Counties into one layer.
https://websoilsurvey.nrcs
.usda.gov/app/WebSoilSur
vey.aspx
GVLT suggested two
things: Prime soils tend to
be the most productive
and we place them slightly
higher than the others but
can't escape the context.
Three things that also
Gallatin, Madison,
and Broadwater
Counties
Non-Irrigated
and Irrigated
Acres (Revenue
Final Land Unit
(FLU)
Classification)
File
Geodatabase
Feature Class
Work 2022 The Department of Revenue Final Land Unit Classification (FLU) is a
classification of private agricultural land into one of six uses, fallow, hay,
grazing, irrigated, and commercial and non-commercial forest. This
layer contains forested land and agricultural land that was not classified
as grazing. For the purposes of agriculture assessment, unclassed lands
are considered grazing. In the sensitive lands model, this layer indicates
lands that are important to agriculture, excluding grazing.
Select fallow, hay, specialty crop
(2)
Irrigated (3)
1. Extracts layer areas only within the study
area. 2. Calculates acres for each polygon.
3. Selects polygons classed as fallow, hay,
specialty crop, or continuously cropped. 3.
Adds an empty field for the agriculture
lands score. 4. Calculates a score in the
agriculture lands field from 1 (lowest) to 3
(highest) for each attribute as described in
the attribute selection column.
https://mslservices.mt.go
v/geographic_information
/data/datalist/datalist_De
tails.aspx?did=%7b3f9bb5
71-c148-4891-b929-
c70b6b1a2fd5%7d
Gallatin, Madison,
and Broadwater
Counties
Waterways
(Ditches)
Shapefile Gallatin
County for
Gallatin
County; NHD
for remaining
study area
2022 Gallatin County data indicating the location of ditches, which are
important connectors for farmland water.
Select by Type:
Ditch or Piped Ditch (3)
Buffered 100 feet on each side,
creating a 200-foot corridor
1. Selects ditches and piped ditches. 2.
Extracts layer areas only within the study
area. 3. Buffers ditches by 100 feet on each
side, creating a 200-foot corridor. 3. Adds
an empty field for the waterways ditches
score. 4. Calculates a score in the
waterways ditches field from 1 (lowest) to 3
(highest) for each attribute as described in
the attribute selection column.
https://gallatincomt.virtua
ltownhall.net/geographic-
information-
systems/pages/data-
download
Gallatin County
National
Hydrography
Dataset (NHD)
(Ditches)
File
Geodatabase
Feature Class
U.S. Geological
Survey
2019 NHD data indicating the location of ditches and piped ditches, which are
important connectors for farmland water.
Select by FCODE: 33600 -
Canal/Ditch (3) and 33601 -
Canal/Ditch: Aquifer (3)
1. Selects canals/ditches (FCodes 33600 and
33601). 2. Extracts layer areas only within
the study area. 3. Buffers ditches by 100
feet on each side, creating a 200-foot
corridor. 3. Adds an empty field for the
NHD ditches score. 4. Calculates a score in
the NHD ditches score field from 1 (lowest)
to 3 (highest) for each attribute as
described in the attribute selection column.
https://apps.nationalmap.
gov/downloader/#/
Madison and
Broadwater Counties
These working lands provide food and livestock production to maintain the community’s historic economic base. Working farmlands also provide scenic views, community separation, and openness that help maintain the unique sense of
place. Agriculture secondarily provides wildlife habitat and movement, especially to wintering big game. This land is typically privately owned and public access is limited.
Agricultural
Heritage
63
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Visual Analysis
of Rural
Landscape
Raster Created from
10 meter
digital
elevation
model (DEM)
from the U.S.
Department of
Agriculture
Natural
Resources
Conservation
Services
Access
ed
March,
2023
Input prioritizing the visual identity of the rural community as analysis
from major roadways.
Visible areas (1)
Non-visible areas (0)
Prior to running the model, the geodesic
viewshed tool was run using as inputs 1) a
mosaic of 10 meter DEMs and 2)
viewpoints generated every 0.24 miles
along the interstate, Norris Road, and
Springhill Road, South 19th Avenue, and
U.S. 191 (labeled in the data as Gallatin
Road, Huffine Lane, and West and East
Main Street). The analysis was run with a
6ft observer elevation for a bare earth, 2-
mile viewshed. The output raster of this
process was then used as an input to the
model.
1. Extracts layer areas only within the study
area. 2. Converts each cell value of a raster
to an integer, which is necessary for the
raster to be compatible with the raster to
polygon tool. 3. Converts the raster to a
polygon. 4. Adds an empty field for the
viewshed score. 5. Calculates a score in the
viewshed score field from 1 (lowest) to 3
(highest) for each attribute as described in
the attribute selection column.
DEM source:
https://datagateway.nrcs.usd
a.gov/GDGOrder.aspx
Gallatin, Madison,
and Broadwater
Counties
Agricultural
Heritage
Results layer
Geodatabase
feature class
2023 This layer displays the results of the agricultural heritage sensitivity
model, which consists of an overall sensitivity score calculated by
summing all scores assigned to each input layer, where higher scores
indicate areas with either a larger diversity of layers or higher individual
scoring for data present in the area.
NA 1. Creates a union of all processed input
layers. 2. Adds a field for overall sensitivity
score. 3. Calculates the sensitivity score by
adding all the scores calculated for each
input layer. 4. Deletes excess fields not
related to the assigned input and sensitivity
scores.
https://gallatin-valley-plan-
bozeman.hub.arcgis.com/
Gallatin, Madison,
and Broadwater
Counties
Agricultural Heritage
64
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
National Flood
Hazard Layer
Shapefile Federal
Emergency
Management
Agency
2023 Floodplains act as key wildlife corridors and as crucial ecosystems that
buffer/protect waterways
A, AE - high risk (3)
D - undefined (0)
X - moderate to low risk (0)
Select A and AE
1. Selects flood zones A and AE. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the floodplain
score. 4. Calculates a score in the floodplain
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://www.fema.gov/flo
od-maps/national-flood-
hazard-layer
Gallatin, Madison,
and Broadwater
Counties
Waterways
(Streams and
Rivers)
Shapefile Gallatin
County
2022 Waterways act as key wildlife corridors, biodiversity hot spots, and are
essential for biological system function. The Gallatin County waterways
data is the most accurate surface water dataset available for the county
and is updated annually.
Select by stream, excluding
ditches. (3)
Buffer of Waterways layer:
150 feet total (3)
300 feet total (2)
500 feet total (1)
1. Selects streams. 2. Extracts layer areas
only within the study area. 3. Buffers
waterways by three distances: 1) 75 feet on
each side, creating a 150-foot corridor, 2).
150 feet on each side, creating a 300-foot
corridor, and 3) 250 feet on each side,
creating a 500-foot corridor. 3. Adds an
empty field for the waterways stream
score. 4. Calculates a score in the
waterways stream score field from 1
(lowest) to 3 (highest) for each attribute as
described in the attribute selection column.
https://gallatincomt.virtua
ltownhall.net/geographic-
information-
systems/pages/data-
download
Gallatin County
National
Hydrography
Dataset (NHD)
(Streams and
Rivers)
File
Geodatabase
Feature Class
U.S. Geological
Survey
2019 Waterways act as key wildlife corridors, biodiversity hot spots, and are
essential for biological system function.
Select by stream, excluding
ditches. (3)
Buffer of Waterways layer:
150 feet total (3)
300 feet total (2)
500 feet total (1)
1. Selects streams and rivers (FCodes
46000, 46003, 46006, and 46007). 2.
Extracts layer areas only within the study
area. 3. Buffers waterways by three
distances: 1) 75 feet on each side, creating
a 150-foot corridor, 2). 150 feet on each
side, creating a 300-foot corridor, and 3)
250 feet on each side, creating a 500-foot
corridor. 3. Adds an empty field for the
NHD stream score. 4. Calculates a score in
the NHD stream score field from 1 (lowest)
to 3 (highest) for each attribute as
described in the attribute selection column.
https://apps.nationalmap.
gov/downloader/#/
Madison and
Broadwater Counties
Water systems underlies all other themes because natural water features (wetlands, riparian areas, lakes, streams, and rivers) provide critical habitat and connectivity for aquatic species and wildlife populations, clean drinking water, and
resiliency to natural disasters and climate change. Human made irrigation infrastructure also provides value to the land in the form of water delivery for working farms and ranches, and groundwater recharge that supports the health of
the entire ecosystem.
Water Quality
and Quantity
65
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Montana
Riparian
Framework
Shapefile Montana
Natural
Heritage
Program
2021 Riparian Areas are a vital ecosystem for habitat corridors and
connectivity for wildlife and water quality/quantity.
Select all (3)1. Extracts layer areas only within the study
area. 2. Adds an empty field for the riparian
score. 3. Calculates a score in the riparian
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://mslservices.mt.go
v/Geographic_Information
/Data/DataList/datalist_D
etails.aspx?did=%7Bf57e9
2f5-a3fa-45b2-9de8-
0ba46bbb2d46%7D
Gallatin, Madison,
and Broadwater
Counties
Montana
Wetland
Framework
Shapefile Montana
Natural
Heritage
Program
2021 Wetlands are a vital ecosystem for habitat corridors and connectivity
for wildlife and water quality/quantity.
Select all (3)1. Extracts layer areas only within the study
area. 2. Adds an empty field for the
wetland score. 3. Calculates a score in the
wetland score field from 1 (lowest) to 3
(highest) for each attribute as described in
the attribute selection column.
https://mslservices.mt.gov/G
eographic_Information/Data/
DataList/datalist_Details.aspx
?did=%7Bf57e92f5-a3fa-45b2-
9de8-0ba46bbb2d46%7D
Montana DEQ Wetland Layer
will be updated (End of
Spring)
Includes information on the
specific ecological functions
each wetland should support.
Gallatin, Madison,
and Broadwater
Counties
Channel
Migration Zones
(CMZ)
Shapefile Montana State
Library
2017 Interference with natural channel migration processes can result in
rapid erosion and adverse impacts to aquatic and riparian biological
systems.
Select by avulsion hazard zone
(AHZ) and erosion hazard area
(EHA) (3)
1. Selects CMZ by AHZ and EHA. 2. Extracts
layer areas only within the study area. 3.
Adds an empty field for the CMZ score. 4.
Calculates a score in the CMZ score field
from 1 (lowest) to 3 (highest) for each
attribute as described in the attribute
selection column.
https://msl.mt.gov/geoinf
o/data/montana_channel
_migration_zones/data_m
aps_and_reports
Gallatin, Madison,
and Broadwater
Counties
Recommended
areas for water
recharge
suitability
investigation
File
Geodatabase
Feature Class
Bren School of
Environmental
Science &
Management
at the
University of
California,
Santa Barbara.
2016 Shows areas that satisfy the recharge criterion of: surficial geology,
slope, soil type, land use, land ownership, depth of the groundwater.
This recharge suitability analysis is intended to guide the Water
Exchange’s initial selection of land parcels. However, further on-site
hydrogeological investigation will be required to confirm that the
hydrogeological conditions will allow sufficient volumes of water to be
infiltrated into the aquifer.
Select all (3)1. Adds an empty field for the recharge
score. 2. Calculates a score in the recharge
score field from 1 (lowest) to 3 (highest) for
each attribute as described in the attribute
selection column.
https://montanagroundwate
r.weebly.com/uploads/5/2/1
/6/52163899/gvwe_manage
ment_plan.pdf
https://montanagroundwate
r.weebly.com/final-
report.html
Gallatin County
Water Quality and Quantity
66
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Climate Resilient
Watersheds
The Nature
Conservancy/
DTM
Consulting
2015 As climate change progresses, the watersheds that provide the Gallatin
Valley with water will be increasingly critical to protect. This layer
highlights which watersheds contain areas with high elevation and low
insolation and are more likely to contain resilient snow pack.
Select all;
Symbolized by LowAcres (Acres of
Low Insolation)
1 - 1000 (Low Shade): 1
1000 - 3000 (Medium Shade): 2
3000 and above (High Shade): 3
1. Extracts layer areas only within the study
area. 2. Creates a union between the
Gallatin County stream layer and the
Madison and Broadwater stream layer into
one stream layer that covers the entire
study area. 3. Finds the streams that
intersect each watershed. 1. Adds an empty
field for the watershed score. 2. Calculates
a score in the watershed score field from 1
(lowest) to 3 (highest) for each attribute as
described in the attribute selection column.
This score is assigned to streams based on
the level of insolation of the watershed
that they intersect with.
Provided by The Nature
Conservancy through email
correspondence
https://drive.google.com/file
/d/1EV0SuP83VFMAq-
bBI8AFAxAjXMUCUgNP/view
https://ui.adsabs.harvard.ed
u/abs/2018AGUFM.H31M21
26L/abstract
Gallatin, Madison,
and Broadwater
Counties
Buffer of Water
Layers
File
Geodatabase
Feature Class
Intermediate
Output
2023 This layer contains a three-ringed buffer around all layers in the water
theme except for waterways and NHD to create the widest corridor of
all water features, excluding those that are buffered individually.
Buffer of water layers:
150 feet total (3)
300 feet total (2)
500 feet total (1)
1. Creates a union with all input layers in
this theme except for waterways and NHD
into one layer. 2. Dissolves excess
boundaries within unionid layer. 3. Buffers
unioned layer by three distances: 1) 75 feet
on each side, creating a 150-foot corridor,
2). 150 feet on each side, creating a 300-
foot corridor, and 3) 250 feet on each side,
creating a 500-foot corridor. 4. Adds an
empty field for the buffer score. 5.
Calculates a score in the buffer score field
from 1 (lowest) to 3 (highest) for each
attribute as described in the attribute
selection column.
N/A Gallatin, Madison,
and Broadwater
Counties
Water Results
layer
Geodatabase
feature class
2023 This layer displays the results of the water quality and quantity
sensitivity model, which consists of an overall sensitivity score
calculated by summing all scores assigned to each input layer, where
higher scores indicate areas with either a larger diversity of layers or
higher individual scoring for data present in the area.
NA 1. Creates a union of all processed input
layers. 2. Adds a field for overall sensitivity
score. 3. Calculates the sensitivity score by
adding all the scores calculated for each
input layer. 4. Deletes excess fields not
related to the assigned input and sensitivity
scores.
https://gallatin-valley-plan-
bozeman.hub.arcgis.com/
Gallatin, Madison,
and Broadwater
Counties
Slope Over 25%Shapefile Montana
Natural
Heritage
Program
2020 Steep slopes would present increased develpoment challenges and are
less likely to be developed so immediate actions to conserve these
areas could be a lesser priority.
X% slope and greater 1. Extracts layer areas only within the study
area.
DEM source:
https://datagateway.nrcs.usd
a.gov/GDGOrder.aspx
Gallatin, Madison,
and Broadwater
Counties
Development
Constraints
Areas, regardless of sensitive land status, that are likely to be undevelopable and could de facto protected and/or are already protected from future development. An overlay layer shows where future conservation and protection efforts
may be less of a priority.
67
Preliminary Data Layers by Theme
Layer File Type Source Year Definition Attribute Selection Model Methods for Theme Source Link County Data
Collected
Floodplain Shapefile Federal
Emergency
Management
Agency
2023 Development is often difficult in floodplains. Floodways and 100-year
floodplain are subject to floodplain regulations which do not prohibit all
development but offer some ways to minimize impact.
A, AE - high risk (3)
D - undefined (0)
X - moderate to low risk (0)
Select A and AE
1. Extracts layer areas only within the study
area.
https://www.fema.gov/flo
od-maps/national-flood-
hazard-layer
Gallatin, Madison,
and Broadwater
Counties
Conservation
Easements
Shapefile Montana
Natural
Heritage
Program
2022 These areas that are already protected by conservation easements so
they won't need a priority ranking, but could influence protection of
surrounding sensitive lands.
Select all 1. Extracts layer areas only within the study
area.
https://mslservices.mt.go
v/geographic_information
/data/datalist/datalist_De
tails.aspx?did=%7B9d69b2
Gallatin, Madison,
and Broadwater
Counties
Protected Areas
Database
Database U.S. Geological
Survey
2022 Unifies regions of wildlife corridors, watersheds, and trail systems and
are already protected to varying degrees.
Select all 1. Extracts layer areas only within the study
area.
https://www.usgs.gov/pro
grams/gap-analysis-
project/science/pad-us-
Gallatin, Madison,
and Broadwater
Counties
Managed Areas Shapefile Montana State
Library
2021 Contains information on special land designations that impact
management decisions. Examples include Indian Reservations, National
Wildlife Refuges, State Parks, and Wilderness Areas.
Select all 1. Extracts layer areas only within the study
area.
Are all these designations unlikely to be
https://mslservices.mt.go
v/geographic_information
/data/datalist/datalist_De
Gallatin, Madison,
and Broadwater
Counties
Development
Constraints
Overlay layer
Geodatabase
feature class
2023 This layer displays the development constraints overlay, which consists
of all develpment constraints layers combined into one layer without
overlap.
NA 1. Creates a union of all processed input
layers. 2. Dissolves excess boundaries
within unioned layer.
https://gallatin-valley-plan-
bozeman.hub.arcgis.com/
Gallatin, Madison,
and Broadwater
Counties
Minor and
Major
Subdivisions
Feature
dataclass
(polygon)
Gallatin
County
2022 Considering major and minor subdivisions can help with locating where
development is planned and if its occurring on or near sensitive lands
including subdivisions and roads.
Select all No processing was performed on this
overlay input.
https://gallatincomt.virtua
ltownhall.net/geographic-
information-
systems/pages/data-
download
Gallatin County
Wildfire Prone
Areas
Feature
dataclass
(polygon)
Montana
Department of
Natural
Resources and
Conservation
2020 Montana Wildlife Risk Assessment HUC 12 Watershed Summary
contains data on wildfire prone areas, included in this project as an
overlay to highlight sensitive lands that may be prone to wildfires.
5 Categories; Low 0-40th
Moderate 40-70th High 70-90th
Very High 90-95th Extreme -
>95th Water and Non-Burnable
Symbolized by
Total_mean_eNVC_Percentile
1. Extracts layer areas only within the study
area. 3. Calculates acres for each polygon in
the layer.
https://mwra-
mtdnrc.hub.arcgis.com/da
tasets/MTDNRC::mwra-
hydrologic-unit-code-12-
digit-huc-6-watershed-
summary/explore?locatio
n=46.655206%2C-
109.893177%2C7.48
Gallatin, Madison,
and Broadwater
Counties
Human
Disturbance
Index
Raster Montana
Natural
Heritage
Program
2016 The Montana Human Disturbance Index (HDI) represents six
disturbance categories: Development, Transportation, Agriculture,
Resource Extraction/Energy Development, Introduced Vegetation, and
Forestry Practices
Select all 1. Extracts layer areas only within the study
area. 2. Converts each cell value of a raster
to an integer, which is necessary for the
raster to be compatible with the raster to
polygon tool. 3. Converts the raster to a
polygon.
https://mslservices.mt.go
v/Geographic_Information
/Data/DataList/datalist_D
etails?did=%7B639e7c86-
8224-11e4-b116-
123b93f75cba%7D
Gallatin, Madison,
and Broadwater
Counties
Development
Pressures
Development
Constraints
Areas that are most impacted by current development and likely to attract to future developmentOverlay layers show where sensitive land protection priorities should be focused.
68
Climate Resilient
Watersheds
Feature
dataclass
(polygon)
The Nature
Conservancy/
DTM
Consulting
2015 As climate change progresses, the watersheds that provide the Gallatin
Valley with water will be increasingly critical to protect. This layer
highlights which watersheds contain areas with high elevations and low
insolation and are more likely to contain resilient snow pack.
Select all;
Symbolized by LowAcres (Acres
of Low Insolation)
1 - 1000 (Low Shade)
1000 - 3000 (Medium Shade)
3000 and above (High Shade)
1. Extracts layer areas only within the study
area.
Provided by The Nature
Conservancy through email
correspondence
https://drive.google.com/file
/d/1EV0SuP83VFMAq-
bBI8AFAxAjXMUCUgNP/view
https://ui.adsabs.harvard.ed
u/abs/2018AGUFM.H31M21
26L/abstract
Gallatin, Madison,
and Broadwater
Counties
Municipal
Boundaries
Shapefile Gallatin
County
2023 Boundaries for municipalities within Gallatin County, Montana N/A N/A https://gallatincomt.virtua
ltownhall.net/geographic-
information-
systems/pages/data-
download
Gallatin, Madison,
and Broadwater
Counties
Watershed
Boundary
Feature
dataclass
(polygon)
Montana State
Library, City of
Bozeman
2022 A complete digital hydrologic unit boundary layer of the Regions (2-
digit HUCs), Subregions (4-digit), Basins (6-digit), Subbasins (8-digit),
Watersheds (10-digit), and Subwatersheds (12-digit) for Montana.
N/A N/A https://mslservices.mt.gov
/Geographic_Information/
Data/DataList/datalist_Det
ails.aspx?did={0077A7D3-
F6C3-4D08-9837-
Gallatin, Madison,
and Broadwater
Counties
Montana
Railroads
Feature
dataclass
(polygon)
Montana State
Library
2017 The Montana Transportation Framework includes railroads data
integrated from multiple sources for a statewide dataset.
N/A N/A https://mslservices.mt.gov
/Geographic_Information/
Data/DataList/datalist_Det
ails.aspx?did={26E71BA8-
914E-458B-B2EC-
Gallatin, Madison,
and Broadwater
Counties
Roads Shapefile Gallatin
County
2023 Contains major and local roads within Gallatin County.N/A This layer was used as an input in the
Agricultural Heritage model's visual
analysis.
https://gallatincomt.virtua
ltownhall.net/geographic-
information-
systems/pages/data-
download
Gallatin, Madison,
and Broadwater
Counties
Triangle Plan
Boundary
Shapefile Gallatin
County
2020 The planning area for the 2020 Triangle Community Plan created in
response to increase population growth in Gallatin County.
N/A N/A Recieved through Gallatin County
City of Bozeman
Growth
Boundary
Shapefile City of
Bozeman
2019 The long term expected growth area for Bozeman, Montana.N/A N/A https://public-
bozeman.opendata.arcgis.
com/datasets/bozeman::g
rowth-policy-proposed-
City of Bozeman
Contours Shapefile Montana State
Library
2008 Contour lines tagged with their represented elevations and lines
representing streams and quadrangle boundaries.
N/A This layer was used to calculate slope layer
as an input for the Development
https://mslservices.mt.gov Gallatin, Madison,
and Broadwater
Base Layers All of these layers were used in maps found in the report for this plan, except for the roads and contours layers which were used to create model inputs.
69
1
Preliminary Tools
Tool Theme Description/Example
Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity
Conservation Easements
Voluntary agreements between the landowner and a land trust or unit of government to maintain conservation values, while providing tax deductions and/or to the landowner and keeping land in private ownership.
Conservation-Oriented/ Cluster Development
A design process where the design of the development is driven through ecological-based planning to conserve the land with the highest resource values and minimize vegetation loss, habitat fragmentation, and increase connectivity.
Growth Policy Future Land Use Plan Element
Future land use maps illustrate the desired mix, character, and location of future land uses within a community. Future land use maps may define the growth boundaries for municipalities within a County using water and sewer serviceability analyses and existing land uses.
County-wide Zoning
Expanding existing County zoning to all land within the County. Publicly-owned land would likely have a zoning designation which only applies to public lands. Privately owned land would be zoned based on current and/or future land use based on the future land use map. Approximately 70% of private land in Gallatin County lies outside of a zoning district or neighborhood plan boundary currently.
Overlay Zoning
Overlay zoning can accomplish several sensitive areas protections, ranging from agricultural protections to floodplain overlays to wildlife corridor overlays. Overlays allow flexibility to provide stricter standards across multiple traditional zoning districts at once and avoid the need to modify multiple zone districts.
Waterway, Riparian Area, and Floodplain Buffers
Development setbacks and non-disturbance areas within and adjacent to streams, rivers, ditches, riparian areas, wetlands, and floodplains.
Land Acquisition
Strategic, direct purchase of land for conservation purposes.
70
2
Tool Theme Description/Example
Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity
Limit PUDs in/near sensitive areas
Limiting or prohibiting the use of planned unit development (PUD) or increased density subdivisions in areas (wetlands, riparian areas, priority wildlife habitats, productive agricultural lands, etc.).
Reforming Subdivision Regulations
Revising the County and City subdivision regulations to focus on water conservation practices, preserving agricultural lands, facilitating wildlife movement, enhancing biodiversity, etc.
Park and Open Space dedication/fee in lieu
Exactions or fees paid by new development to pay for use of existing parks, open space, and recreation facilities, or development of new facilities, to serve the proposed development.
Trails/Ag with Wildlife in Mind Handbook
A handbook that provides best practices for recreational use and/or agricultural practices in sensitive wildlife habitats. The handbook can be used as a guide or adopted into code as regulation. Water quality protection and treatment with wetlands to enable further sewer plant discharges
Utilizing upstream wetlands to improve water quality of wastewater through a nutrient treatment credit program.
Wildlife Friendly Fencing
Fencing which allows for the safe passage of various wildlife species. Wildlife friendly fencing can be used to protect active agricultural operations by targeting movement corridors.
Native Plant Preservation and Xeriscaping Requirements
Preservation, salvaging, and reclamation of existing plants and vegetation on a site. Where preservation of existing vegetation is not feasible, or when new development is proposed, the use of native plants and other low-water or xeriscaping landscaping practices can be required by the land development code.
Wildland Urban Interface (WUI) Designation
Delineating the areas where homes are built near or among lands prone to wildland fire and developing standards to mitigate the risk of wildfire and impact on forest resources by new development.
Wildlife Crossings Constructing roadway crossings that provide for safe wildlife movement over or under the roadway.
71
3
Tool Theme Description/Example
Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity
Controlled Groundwater Area (CGWA)
CGWA are designated when control or close river basins and groundwater aquifers to certain types of water appropriations due to concerns regarding water availability, water contamination, and protecting existing water rights. Existing CGWAs in Gallatin County:
• Bozeman Solvent Site Controlled Groundwater Area,
• Idaho Pole Company Site Controlled Groundwater Area
Updated Floodplain and CMZ Mapping and Regulations
Updating maps of the Channel Migration Zone and watercourses in the Lower Gallatin Watershed including the miles of streams and rivers, canals, and ditches.
Wetland Mitigation Banking
The restoration, creation, or enhancement of wetlands in an area, to compensate for unavoidable development impacts to wetlands at another location.
Stormwater Management
Specific design site design standards that define stormwater retention and treatment, impervious surface coverage limits, building coverage limits, parking lot design standards, and landscaping or screening requirements.
Transfer of Development Rights
A voluntary program which allows landowners to sever their development rights from the physical land. Some or all of the property is preserved.
Trail Buffer/Recreational Amenities
Implementing trail and recreation buffers in targeted habitats can improve connectivity and encourage wildlife crossing at safe places. Recreational trails along the urban-wildland interface can provide a buffer between urban development.
Wildlife Signage
Signage may be used to warn drivers of wildlife corridors and potential crossings areas, especially where at-grade crossings are used or in areas where wildlife crossings are known but other mitigation measures are not implemented.
Integration of Sensitive Lands Mapping
Future land management decisions should build upon and utilize the mapping completed as part of this Sensitive Lands Protection Plan.
Develop a sensitive lands citizen advisory committee
Advisory committees provide a structured way for citizens to share their opinions and perspectives. Committees could be used to advise a local jurisdiction.
72
4
Tool Theme Description/Example
Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity
Develop and publicize land acknowledgments
Continue to coordinate efforts across organizations and include Indigenous voices to preserve sensitive lands by acknowledging the initial stewards of the land. Recognition of past injustices including colonization and violence against Indigenous people in this area has in part resulted in the degradation of sensitive lands since white settlement.
Dark Skies
Artificial lighting can affect animals that sleep at night and can be disorienting for nocturnal animals and insect. Light fixtures should be selectively placed, hooded/shielded, and directed downward.
Density Bonuses
Density bonuses allow increases in allowable units in exchange for providing community benefits.
Expanded Agricultural Land Use
Expanding the allowed uses for ag properties can provide an avenue for continuing operation. Expanded uses provide secondary income for agricultural operators and generally drive economic development. Could include agritourism, private land camping, increased ADU allowances, exemptions from some development standards, allowances for agricultural residences for workers, and integrated alternative energy uses.
Habitat/Environmental Analysis and Dedicated Natural Resource Staff
Hiring a dedicated staff member to verify the habitat analysis recommendations provides additional expertise and education on habitat and environmental resource protection and mitigation early in the review process.
Maximum Size of a Single Structure
Limiting the maximum allowed dwelling unit or structure size can reduce the amount of development occurring in sensitive areas. Large buildings may deter use of wildlife corridors or habitat areas by some wildlife species.
Building Envelope Designation
Building envelopes are often designated on a subdivision plat or site plan to specify where buildings or other structures may be located.
Septic Restrictions
Shared septic systems have been encouraged because they allow for smaller lot and clustered development that can preserve open space, mitigate water impacts, and protect wildlife habitat.
Setbacks and Buffers from Active Ag Lands
Active ag land setbacks can provide a buffer between active agricultural operations and other uses to protect active agricultural operations and reduce nuisance complaints filed against farmers and ranchers based on noise, dust, odors, etc.
73
5
Funding Sources
Tool Theme Description/Example
Wildlife & Biodiversity Connectivity Agricultural Heritage Water Quality & Quantity
County Open Space Levy & Program
The Gallatin County Open Space Levy allows the County to levy up to 4.5 mills annually including for capital improvements and maintenance needs of County-owned parks or conservation projects related to the purchase of land and conservation easements.
Natural Resources Conservation Service (NRCS) Grants
The NRCS is an agency within the US Department of Agriculture that works with producers, soil and water conservation districts, and other partners to protect and conserve natural resources on private lands throughout the United States. The NRCS administers a number of programs, grants, and initiatives available to support a variety of sensitive land.
Habitat Conservation Lease Program
The habitat conservation lease is a voluntary, incentive-based agreement between private property owners and Montana Fish, Wildlife, and Parks Department (MT FWP) in which the landowner commits to specific land management practices that protect priority wildlife habitat and MT FWP pays landowners a one-time per-acre fee for the lease.
Land & Water Conservation Fund (LWCF) Recreation Grants
A federal grant program to fund outdoor recreation projects in accordance with a Statewide Comprehensive Outdoor Recreation Plans. The LWCF specifically provides funding for acquisition and development of public outdoor recreation areas and facilities, including Gallatin County Regional Park, Bozeman Municipal Park (Bogert Park), and Three Forks Headwaters Trail System.
Water Pollution Control State Revolving Fund (WPCSRF)
The Montana Legislature established the WPCSRF Loan Program for water pollution control projects administered through the Montana DEQ and provides at or below market interest rate loans to eligible Montana entities.
Wildlife Habitat Improvement Program Grants
This program provides up to $2 million annually in federal funding to restore priority wildlife habitats by managing noxious weeds.
Tourism/Open Space Sales Tax
Similar to other taxes, some communities have utilized revenue from additional sales taxes to fund parks, trails, and open space conservation efforts. Tax could be generated from specific uses such as lodging, retail, and other tourism- based businesses.
74
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Overview of Unified Development Code Public Review Process in Fall 2023.
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Receive information.
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:On December 21, 2021, the City Commission adopted Resolution 5368
[External Link PDF]. The resolution established 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 will begin shortly.
Bozeman implements land use planning, subdivision, and zoning as required
by the City Charter and 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 rules for land use planning, subdivision, and
municipal zoning. Section 5 of the Act says which communities it applies to.
Some communities must follow the Act and others may choose to. Bozeman
must follow the Act in its planning, subdivision, and zoning activities.
Staff provided an overview of the Act at the July 17th Community
Development Board meeting. A presentation on the Act and the UDC
replacement was provided to the City Commission on July 25th.
This update focuses on the work replacing local regulations that the City
75
began in 2022 based on years of community outreach and development of
plans. The initial work was expected to be an update to existing regulations.
Due to the large number of process change requirements from the Act it was
determined that it would be a more clear and simpler process to replace the
entire Chapter 38, including the zoning map. Therefore, this update process
has been adjusted to account for the new requirements of the Act adopted
in May 2023.
Prior to adoption of any regulation the City must provide for public notice
and input on the zoning document and map. The City adopted a public
engagement plan prior to beginning the code update process in 2022. 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. Work sessions were also held
by the Community Development Board. The City is using a variety outreach
efforts to reach the maximum number of citizens including a utility bill
mailer (see attached), in-person interviews, presentations to community
groups, and on-line and in-person brochure tools to gather input which
influenced the draft document. All received public comment was tracked
and archived. The primary input for the UDC update and replacement came
from the adopted growth policy, community housing action plan, and
sustainability plan, each of which had their own substantial public outreach
and inclusion efforts. A report on the public engagement to date has been
added to the project website, engage.bozeman.net/udc.
Major areas of improvements with the UDC replacement include:
Compliance with revised and new state law - These are primarily
process changes and are summarized in the attachment regarding SB
382.
Layout and usability enhancements including changed organization,
layout, and increased graphics.
Consolidation of residential districts.
Sustainability including facilitation of electric vehicle charging, urban
agriculture allowances, support for recycling and composting,
clarification for solar energy, and bicycle facilities.
Revisions and simplification for non-residential parking including some
removal of parking requirements.
Revisions to requirements for transportation studies and standards.
Adjustments to support additional housing construction as required by
the Act.
The City has conducted continuous and varied outreach to the public on the
code update. As the work moves into the formal public review and decision
process the City will continue engaging with the public. Many public
hearings, public meetings, and other outreach events are scheduled. See the
attached meetings list.
76
UNRESOLVED ISSUES:A public release of the document will be provided for review before any
public hearings begin
ALTERNATIVES:Not applicable
FISCAL EFFECTS:Funds for the UDC update have been budgeted.
Attachments:
Key Dates List - CDB 8-7-2023.pdf
SB382 City Commission summary July 25, 2023.pdf
SB0382 - Montana Land Use Planning Act.pdf
Report compiled on: August 3, 2023
77
Anticipated Key Dates in Bozeman Unified Development Code Replacement Public Review
Aug 14th – Public Review draft document posted for public access to Engage.Bozeman.net/udc
Aug 23rd -24th – Two in-person open houses for public overview of the draft and questions/answers
23rd – Fire Station 3 Community Room – 1705 Vaquero Parkway, 5:30-7
24th – City Hall, City Commission Room – 121 N. Rouse Avenue, 11:30-1:30
August 28th – Code Connect on-line through Engage.Bozeman.net/udc for remote overview and
questions/answers
Advisory Boards Other Than Community Development Board
Sustainability Board – project overview August 9th
Sustainability Board – Recommendation September 13th
Historic Preservation Advisory Board – project overview August 16th
Historic Preservation Advisory Board – Recommendation September 21st (tentative)
Transportation Advisory Board – project overview August 23rd
Transportation Advisory Board – Recommendation September 27th
Economic Vitality Board – project overview September 6th
Economic Vitality Board – Recommendation October 4th
InterNeighborhood Council – project overview/Q&A September 14th (No recommendation to be
requested due to the nature of the board)
Community Development Board
Public hearings as currently scheduled
• Sept 11th Community Development Board – Overview presentation and hearings start
• Sept 18th Community Development Board public hearing
• Oct 2nd Community Development Board public hearing
• Oct 16th Community Development Board vote and recommendation on both map and text
City Commission
Public meetings/hearings as currently scheduled
• Oct 24th City Commission – Overview presentation
• Nov 14th City Commission public hearing
78
• Nov 21st City Commission public hearing
• Nov 28th City Commission public hearing - provisional adoption text and map
• Dec 19th City Commission final adoption – text and map
79
Summary of Senate Bill 382, Montana Land Use Planning Act, and Impacts on Unified Development Code
Replacement
Bozeman implements land use planning, subdivision, and zoning as authorized by the State of
Montana. The City adopted zoning in 1934 and adopted its first community master plan in
1958. The City has entirely replaced zoning and subdivision regulations 20 times since initial
adoption. The City again is repealing and readopting the entire zoning regulations and map as
well as its subdivision regulations.
The 2023 Legislature adopted Senate Bill 382, the Montana Land Use Planning Act (the Act)
which took effect immediately upon signing on May 17, 2023. The Act has not yet been codified
so we cannot yet refer to standard statutory citations. Some communities within large counties
must follow the Act and others may choose to. Bozeman is required to follow the Act in its
planning, subdivision, and zoning activities. This agenda item is an overview of the bill and
impacts that will affect the replacement of the Unified Development Code. This will create
many implications for development review practices. Bozeman already uses many of the
required practices as part of its daily activities, but some changes are needed to fully
implement the bill.
1. Per Section 5, paragraph 4, of the Act, Bozeman is no longer subject to Title 76, chapters 1,
2, 3, or 8 MCA once we have adopted regulations in compliance with the Act. This means
the Act has replaced all the governing laws Bozeman has used in the past to establish the
composition, roles, and characteristics of the planning board and growth policy. Such as the
Montana Subdivision and Platting Act and zoning enabling acts. These older statutes have
been in place for at least 50 years, were not well coordinated at the state level, and created
a lot of overlapping review and work for all participants. The intention of the Act is to
coordinate planning and development review actions to prevent duplicative processes and
provide a more seamless review process.
The Act changes the duties of the Community Development Board, removes requirements
for the Community Development Board to consider any subdivision reviews, limits
governing body reviews to only final subdivision plats, removes the existing criteria and
protest provisions for zoning adoption and amendments, changes notice and public
engagement requirements, and other changes.
An additional consequence is various bills in the 2023 Legislature that amend Title 76,
chapters 1, 2, 3, or 8 MCA subdivision and planning enabling legislation do not apply to
Bozeman once SB 382 implementing regulations are adopted. Some elements of those bills
have been included in Senate Bill 382. As the City is required to implement SB 382 there is
some overlap between the different legislation but only to the extent that SB 382 governs.
2. Public participation. Bozeman has a strong culture of public engagement. The City has
established the Engage Bozeman website as an overall engagement portal for large City
projects. Section 6 describes the requirements for public engagement. The methods and
timing of outreach needs to be identified in a public participation plan at the beginning of a
process and can vary by community and subject. This is a much more extensive requirement
than is in the prior enabling acts.
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The Act places substantial emphasis on the public engaging early and often during the
planning process and creation of regulations. Public outreach needs to be an on-going
process during development of plans and regulations. Not all activities require the same
degree of outreach. The exact nature of outreach needs to be the subject of a public
participation plan at the beginning of a process and can vary by community and subject.
The Act requires early identification and evaluation of the impacts of development and
public engagement at the beginning of a review or plan development. Once an issue has
been raised and evaluated then the issue considered settled. Any subsequent application
relying on those findings and conclusions are not subject to further public comment but are
subject to any regulations based on those earlier findings and conclusions.
If an application has impacts greater than expected with the land use and issue plans, notice
is limited to only those impacts and public comment is only received in writing; there are
not public hearings for subdivisions or zoning projects. Sections 22 and 29 describe the
limitations.
3. Land Use and Issue Plans. The Act requires preparation of a Land Use Plan. This replaces the
term growth policy. There are many similarities between the two types of documents. A
Land Use Plan has more detailed content to be addressed. See Section 7, 9-14, and 17 of the
Act for the detailed contents. Section 15 authorizes area plans. These are the same as
neighborhood plans like the Downtown plan and allows more localized analysis. Bozeman’s
planning practice has followed the more detailed approach required in the new statute.
Section 16 authorizes a community to adopt Issue Plans. An issue plan is a separate
document that analyzes a specific subject within the scope of a Land Use Plan and can
provide the needed information for statutory compliance. The City has many of these types
of plans now such as the transportation and sewer facility plans. Those plans continue
forward as currently established. See page 19 of the Bozeman Community Plan 2020 for a
list of these plans and other documents.
As the existing growth policy and facility plans are updated, they will be reviewed and
adopted consistent with the requirements of the Act. One change in this process by the Act
is that the Planning Commission (Community Development Board) has a responsibility to
review all Issue Plans and make a recommendation to the City Commission regarding their
adoption and consistency with the Land Use Plan. The Community Development Board
recently performed this function for the PRAT plan.
4. Encourage development of housing. Housing availability and cost is a nationwide challenge.
Bozeman has been active for many years in working to support construction of all housing
and especially housing at lower cost ranges. Some communities have not materially
updated their development standards for many decades. Section 19 of the Act requires a
local government subject to the Act to include at least five strategies applicable to a
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majority of the jurisdictional area where residential development is permitted. Staff will
provide an analysis with the UDC update identifying which of the strategies have been
selected and to which percentage of the area they apply. Many of the alternatives, like
accessory dwellings, are things that Bozeman has been doing for years. Some options are
issues actively under development as part of the UDC update prior to passage of SB 382.
5. Amendment process changes. The former enabling acts had specific criteria for
amendments to zoning and subdivision regulations that the public and decision makers
have seen many times in staff reports. The zoning criteria were referred to as the Lowe
criteria after a notable court case. None of those criteria carried forward into the Act. New
criteria have been established for zoning and subdivision regulations. These criteria will be
the standards against which the UDC replacement will be evaluated for all future
amendments as well to regulations or zoning map. Sections 21 and 27 contain these
requirements. The law also changes who may initiate amendments.
One key change in the zoning amendment process is that there is no protest provision. The
prior protest provisions gave some members of the community more influence on land use
decisions than others. With removal of the protest provision all input carries the same
weight and must be considered solely on the merits of the information presented. All
decisions to approve or deny any amendment will be a simple majority of the City
Commission.
Public notice and comment during the amendment process is limited only to those areas
not previously settled with adoption of a Land Use Plan or Issue Plan. If the amendment is
consistent with the analysis and conclusions of the earlier documents it is not a proper
subject for public notice or comment per the Act.
6. Development review processes. SB 382 changes development processes so that both
subdivision and zoning site specific reviews are required to be administrative decisions with
no advisory board participation. The planning commission’s role will be limited to the initial
adoption and amendments to the land use plan and development regulations with final
decision by city commission. As noted in item 2 above, public notice for both subdivision
and zoning applications are restricted by the bill. Sections 22 and 29 describe the
limitations.
The City Commission will still be the body that approves final plats. The City Commission
recently approved amendments to Chapter 2, BMC that allows the City Manager to accept
and grant easements. This has simplified review processes.
The Act requires that a Land Use Plan include a future land use map for areas where growth
outside of the City is expected. The Bozeman Community Plan 2020 already has this map.
Zoning to implement the future land use map is required even though it may not be in
effect until annexation is completed. The draft regulations are expected to include
designated districts that will be applicable upon annexation without further action to
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amend the zoning map. This action will substantially speed up the process of annexing
property and will provide greater predictability to all. If an applicant wishes a different
zoning district they can apply for a different district in conjunction with the annexation
application.
7. Variances. The required criteria and process for variances, both subdivision and zoning,
have been completely replaced and are now the same for both processes. Floodplains
continue to have some criteria unique to them. A board of adjustment is no longer allowed
to consider variances. All variances are now administrative reviews subject to the standard
appeal processes. Variances do not require public hearings and may or may not require
public notices depending on whether it is determined that the variance is within the
impacts identified with prior planning work.
Variances are still subject to high scrutiny and criteria to ensure they are only used
appropriately. The standards and procedures for variances in the Act do not affect the
deviation and departure processes that are uniquely Bozeman creations and are adopted
for different reasons than variances.
8. Appeals. State law now provides a more complete process description for review of appeals.
The board of adjustment is abandoned and no longer hears appeals. Appeals now have two
administrative steps from the planning administrator (Director of Community Development)
to the Planning Commission, and from the Planning Commission to the City Commission. As
with current law, appeals from the City Commission go to District Court.
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AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET
CERTAIN POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS,
AND SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS
THE OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING
THE DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING
REGULATION, OR SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION
PROJECTIONS; PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL
FACILITIES, ECONOMIC DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL
HAZARDS WHEN DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR
A PROCEDURE TO REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL
GOVERNING BODY TO COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT
MECHANISMS, AND PENALTIES; PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21-
1002, AND 7-21-1003, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY
DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Short Title. [Sections 1 through 38] may be cited as the "Montana Land Use Planning
Act".
Section 2. Legislative purpose, findings, and intent. (1) It is the purpose of [sections 1 through 38]
to promote the health, safety, and welfare of the people of Montana through a system of comprehensive
planning that balances private property rights and values, public services and infrastructure, the human
environment, natural resources, and recreation, and a diversified and sustainable economy.
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(2) The legislature finds that coordinated and planned growth will encourage and support:
(a) sufficient housing units for the state's growing population that are attainable for citizens of all
income levels;
(b) the provision of adequate public services and infrastructure in the most cost-effective manner
possible, shared equitably among all residents, businesses, and industries;
(c) the natural environment, including wildlife and wildlife habitat, sufficient and clean water, and
healthy air quality;
(d) agricultural, forestry, and mining lands for the production of food, fiber, and minerals and their
economic benefits;
(e) the state's economy and tax base through job creation, business development, and the
revitalization of established communities;
(f) persons, property, infrastructure, and the economy against natural hazards, such as flooding,
earthquake, wildfire, and drought; and
(g) local consideration, participation, and review of plans for projected population changes and
impacts resulting from those plans.
(3) It is the legislature’s intent that the comprehensive planning authorized in [sections 1 through
38]:
(a) provides the broadest and most comprehensive level of collecting data, identifying and
analyzing existing conditions and future opportunities and constraints, acknowledging and addressing the
impacts of development on each jurisdiction, and providing for broad public participation;
(b) serves as the basis for implementing specific land use regulations that are in substantial
compliance with the local land use plan;
(c) provides for local government approval of development proposals in substantial compliance
with the land use plan, based on information, analysis, and public participation provided during the development
and adoption of the land use plan and implementing regulations; and
(d) allows for streamlined administrative review decisionmaking for site-specific development
applications.
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Section 3. Definitions. As used in [sections 1 through 38], unless the context or subject matter
clearly requires otherwise, the following definitions apply:
(1) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest,
as distinguished from a general interest, who has been or is likely to be specially and injuriously affected by the
decision.
(2) "Applicant" means a person who seeks a land use permit or other approval of a development
proposal.
(3) “Built environment” means man-made or modified structures that provide people with living,
working, and recreational spaces.
(4) “Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided,
unimproved land.
(5) "Certificate of survey" means a drawing of a field survey prepared by a registered surveyor for
the purpose of disclosing facts pertaining to boundary locations.
(6) "Dedication" means the deliberate appropriation of land by an owner for any general and public
use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the
public use to which the property has been devoted.
(7) "Division of land" means the segregation of one or more parcels of land from a larger tract held
in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to
[sections 1 through 38]. The conveyance of a tract of record or an entire parcel of land that was created by a
previous division of land is not a division of land.
(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-
unit, and multi-unit dwellings.
(9) "Dwelling unit" means one or more rooms designed for or occupied exclusively by one
household.
(10) “Examining land surveyor" means a registered land surveyor appointed by the governing body
to review surveys and plats submitted for filing.
(11) "Final plat" means the final drawing of the subdivision and dedication required by [sections 1
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through 38] to be prepared for filing for record with the county clerk and recorder and containing all elements
and requirements set forth in [sections 1 through 38] and in regulations adopted pursuant to [sections 1 through
38].
(12) "Four-unit dwelling" or "fourplex" means a building designed for four attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(13) "Immediate family" means a spouse, children by blood or adoption, and parents.
(14) "Irrigation district" means a district established pursuant to Title 85, chapter 7.
(15) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local
government. For municipalities, the term includes those areas the local government anticipates may be
annexed into the municipality over the next 20 years.
(16) “Land use permit” means an authorization to complete development in conformance with an
application approved by the local government.
(17) “Land use plan” means the land use plan and future land use map adopted in accordance with
[sections 1 through 38].
(18) “Land use regulations” means zoning, zoning map, subdivision, or other land use regulations
authorized by state law.
(19) “Local governing body” or "governing body" means the elected body responsible for the
administration of a local government.
(20) “Local government” means a county, consolidated city-county, or an incorporated municipality
to which the provisions of [sections 1 through 38] apply as provided in [section 5].
(21) "Manufactured housing" means a dwelling for a single household, built offsite in a factory that is
in compliance with the applicable prevailing standards of the United States department of housing and urban
development at the time of its production. A manufactured home does not include a mobile home or
housetrailer, as defined in 15-1-101.
(22) “Ministerial permit” means a permit granted upon a determination that a proposed project
complies with the zoning map and the established standards set forth in the zoning regulations. The
determination must be based on objective standards, involving little or no personal judgment, and must be
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issued by the planning administrator.
(23) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which
the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be gained
between the units through an internal doorway, excluding common hallways.
(24) "Permitted use" means a use that may be approved by issuance of a ministerial permit.
(25) “Planning administrator” means the person designated by the local governing body to review,
analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other
development applications as required in [sections 1 through 38].
(26) "Plat" means a graphical representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
(27) "Preliminary plat" means a neat and scaled drawing of a proposed subdivision showing the
layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a
governing body.
(28) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of [sections
1 through 38], the term includes a county water or sewer district as provided for in Title 7, chapter 13, parts 22
and 23, and municipal sewer or water systems and municipal water supply systems established by the
governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44.
(29) "Single-room occupancy development" means a development with dwelling units in which
residents rent a private bedroom with a shared kitchen and bathroom facilities.
(30) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any
other dwelling unit.
(31) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision
of land.
(32) "Subdivision" means a division of land or land so divided that it creates one or more parcels
containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise
transferred and includes any resubdivision and a condominium. The term also means an area, regardless of its
size, that provides or will provide multiple spaces for rent or lease on which recreational camping vehicles or
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mobile homes will be placed.
(33) "Subdivision guarantee" means a form of guarantee that is approved by the commissioner of
insurance and is specifically designed to disclose the information required in [section 34].
(34) "Tract of record" means an individual parcel of land, irrespective of ownership, that can be
identified by legal description, independent of any other parcel of land, using documents on file in the records of
the county clerk and recorder's office.
(35) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways.
(36) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in
which the dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway.
Section 4. Planning commission. (1) (a) Each local government shall establish, by ordinance or
resolution, a planning commission.
(b) Any combination of local governments may create a multi-jurisdiction planning commission or
join an existing commission pursuant to an interlocal agreement.
(c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and
zoning commissions, or boards of adjustment existing prior to [the effective date of this act] may be considered
duly constituted under [sections 1 through 38] as a planning commission by agreement of the governing bodies
of each jurisdiction represented on the planning commission.
(ii) If more than one legally authorized planning board, zoning commission, or planning and zoning
commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
(A) designate, combine, consolidate, or modify one or more of the authorized boards or
commissions as the planning commission; or
(B) create a new planning commission pursuant to this section and disband the existing boards
and commissions.
(2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting
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members who are confirmed by majority vote of each local governing body.
(ii) Each jurisdiction must be equally represented in the membership of a multi-jurisdiction planning
commission.
(b) The planning commission shall meet at least once every 6 months.
(c) Minutes must be kept of all meetings of the planning commission and all meetings and records
must be open to the public.
(d) A majority of currently appointed voting members of the planning commission constitutes a
quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at
least a majority of the quorum is required to authorize an action at a regular or properly called special meeting.
(e) The ordinance, resolution, or interlocal agreement creating the planning commission must set
forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of
meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local
governing body.
(3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make
recommendations to the local governing body regarding the development, adoption, amendment, review, and
approval or denial of the following documents:
(i) the land use plan and future land use map as provided in [section 7];
(ii) zoning regulations and map as provided in [sections 18 through 24];
(iii) subdivision regulations as provided in [sections 25 through 34]; and
(iv) any other legislative land use planning document the local governing body designates.
(b) In accordance with [section 37], the planning commission shall hear and decide appeals from
any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations
described in subsection (3)(a). Decisions of the planning commission may be appealed to the local governing
body as provided in [section 37].
(4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404.
Section 5. Applicability and compliance. (1) A municipality with a population at or exceeding 5,000
located within a county with a population at or exceeding 70,000 in the most recent decennial census shall
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comply with the provisions of [sections 1 through 38].
(2) (a) Except as provided in subsection (2)(b), any municipality that meets the population
thresholds of subsection (1) on [the effective date of this act] shall comply with the provisions of [sections 1
through 38] within 3 years of [the effective date of this act].
(b) A municipality that has adopted a growth policy within 5 years prior to [the effective date of this
act] shall comply with the provisions of [sections 1 through 38] within 5 years of the date that the growth policy
was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
(c) A municipality that meets the population thresholds of subsection (1) on any decennial census
completed after [the effective date of this act] shall comply with the provisions of [sections 1 through 38] by
December 31 of the third year after the date of the decennial census.
(3) (a) A local government that is not required to comply with the provisions of [sections 1 through
38] may decide to comply with the provisions of [sections 1 through 38] by an affirmative vote of the local
governing body. After an affirmative vote, the governing body shall comply with the provisions of [sections 1
through 38] by December 31 of the fifth year after the date of the vote.
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of
[sections 1 through 38] may subsequently decide to not comply with the provisions of [sections 1 through 38] by
an affirmative vote.
(4) A local government that complies with [sections 1 through 38] is not subject to any provision of
Title 76, chapters 1, 2, 3, or 8.
Section 6. Public participation. (1) (a) A local government shall provide continuous public
participation when adopting, amending, or updating a land use plan or regulations pursuant to [sections 1
through 38].
(b) Public participation in the adoption, amendment, or update of a land use plan or implementing
regulations must provide for, at a minimum:
(i) dissemination of draft documents;
(ii) an opportunity for written and verbal comments;
(iii) public meetings after effective notice;
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(iv) electronic communication regarding the process, including online access to documents,
updates, and comments; and
(v) an analysis of and response to public comments.
(2) A local government shall document and retain all public outreach and participation performed
as part of the administrative record in accordance with the retention schedule published by the secretary of
state.
(3) (a) A local government may decide the method for providing:
(i) general public notice and participation in the adoption, amendment, or update of a land use
plan or regulation; and
(ii) notice of written comment on applications for land use permits pursuant to [sections 1 through
38].
(b) All notices must clearly specify the nature of the land use plan or regulation under
consideration, what type of comments the local government is seeking from the public, and how the public may
participate.
(c) The local government shall document what methods it used to provide continuous participation
in the development, adoption, or update of a land use plan or regulation and shall document all comments
received.
(d) The department of commerce established in 2-15-1801 and functioning pursuant to 90-1-103
shall develop a list of public participation methods and best practices for use by local governments in
developing, adopting, or updating a land use plan or regulations.
(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes,
a local government shall emphasize that:
(a) the land use plan is intended to identify the opportunities for development of land within the
planning area for housing, businesses, agriculture, and the extraction of natural resources, while
acknowledging and addressing the impacts of that development on adjacent properties, the community, the
natural environment, public services and facilities, and natural hazards;
(b) the process provides for continuous and extensive public notice, review, comment, and
participation in the development of the land use plan or regulation;
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(c) the final adopted land use plan, including amendments or updates to the final adopted land use
plan, comprises the basis for implementing land use regulations in substantial compliance with the land use
plan; and
(d) the scope of and opportunity for public participation and comment on site-specific development
in substantial compliance with the land use plan must be limited only to those impacts or significantly increased
impacts that were not previously identified and considered in the adoption, amendment, or update of the land
use plan, zoning regulations, or subdivision regulations.
(5) The local governing body shall adopt a public participation plan detailing how the local
government will meet the requirements of this section.
Section 7. Adoption or amendment of land use plan and future land use map. (1) The local
governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with
[sections 7 through 17] only after consideration by and on the recommendation of the planning commission.
(2) Prior to making a recommendation to the governing body to adopt or amend a land use plan
and future land use map, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6]; and
(b) accept, consider, and respond to public comment on the proposed land use plan and future
land use map. All public comment must be part of the administrative record transmitted to the governing body.
(3) After meeting the requirements of subsection (2), the planning commission shall make a final
recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land
use map or any amendment to the proposed land use plan and future land use map.
(4) The governing body shall incorporate any existing neighborhood, area, or plans adopted
pursuant to Title 76, chapter 1, that meet the requirements of [sections 1 through 38] into the land use plan and
future land use map.
(5) (a) The governing body shall consider the recommendation of the planning commission to
adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the
proposed land use plan and future land use map.
(b) After providing public notice and participation in accordance with [section 6], the governing
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body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan
and future land use map or any amendment to the proposed land use plan and future land use map proposed
by the planning commission.
(6) An amendment to a land use plan or future land use map may be initiated:
(a) by majority vote of the governing body;
(b) on petition of at least 15% of the electors of the local government jurisdiction to which the plan
applies, as registered at the last general election; or
(c) by a property owner applying for a zoning, subdivision, or other land use permit.
(7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in
subsection (6), the planning commission shall make a preliminary determination of whether the proposed land
use plan or future land use map amendment results in new or increased impacts to or from local facilities,
services, natural resources, natural environment, or natural hazards from those previously described and
analyzed in the assessment conducted in the development of the land use plan.
(b) If the planning commission finds new or increased impacts from the proposed land use plan or
future land use map amendment, the local government shall collect additional data and conduct additional
analysis necessary to provide the planning commission with the opportunity to consider all potential impacts
resulting from the amendment before proceeding under subsection (2).
(8) The governing body may not amend the land use plan or future land use map unless:
(a) the amendment is found in substantial compliance with the land use plan; and
(b) the potential impacts resulting from development in substantial compliance with the proposed
amendment have been made available for public review and comment and have been fully considered by the
governing body.
Section 8. Update of land use plan or future land use map. (1) After a local government adopts a
land use plan and future land use map in accordance with [section 7], the land use plan and future land use
map must be reviewed by the planning commission every fifth year after adoption to determine whether an
update to the land use plan and future land use map must be performed. The planning commission shall:
(a) make a preliminary determination regarding the existence of new or increased impacts to or
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from local facilities, services, natural resources, natural environment, or natural hazards from those previously
described and analyzed when the land use plan and future land use map were previously adopted;
(b) provide public notice and participation in accordance with [section 6]; and
(c) accept, consider, and respond to public comment on the review of the land use plan and future
land use map. All public comment must be part of the administrative record transmitted to the governing body.
(2) (a) If the planning commission finds new or increased impacts under subsection (1), the
planning commission shall recommend an update to the land use plan, future land use map, or both.
(b) If the planning commission finds no new or increased impacts under subsection (1), the
planning commission shall make a recommendation to the governing body that no update to the land use plan
or future land use map is necessary.
(3) After receiving the recommendation of the planning commission, the governing body may direct
that an update of the land use plan, future land use map, or both be completed or may readopt the current land
use plan, future land use map, or both.
(4) (a) In developing, drafting, and considering an update to the land use plan or future land use
map, the planning commission shall follow the process set forth in [section 7] with respect to the changes
proposed to the land use plan or future land use map.
(b) If the planning commission finds new or increased impacts resulting from the land use plan or
future land use map, the local government shall collect additional data and conduct additional analysis
necessary to provide the governing body and the public with the opportunity to comment on and consider all
potential impacts resulting from an update to the land use plan or future land use map.
(5) At any time before an update is required after a review under subsection (1), the local
governing body may direct that an update to the land use plan or future land use map be prepared for
consideration by the planning commission and for recommendation to the governing body.
(6) Once an update to the land use plan or future land use map is adopted or the land use plan or
future land use map is readopted, the information and analysis contained within the land use plan and future
land use map must be considered accurate for the purposes of making site-specific development decisions in
substantial compliance with the land use plan and future land use map.
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Section 9. Existing conditions and population projections. (1) The land use plan must include, at
a minimum, inventories and descriptions of existing conditions of housing, local services and facilities,
economic development, natural resources, environment, and hazards, and land use within the jurisdictional
boundaries of the land use plan.
(2) As set forth in [sections 10 through 17], the land use plan must include, at minimum, a
description, map, and analysis of how the jurisdiction will accommodate its projected population over the next
20 years and the expected impacts of the development in the areas of housing, local services and facilities,
economic development, natural resources, environment, and hazards.
(3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps,
diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of
each section of the land use plan.
(4) (a) A jurisdiction shall use demographics provided by:
(i) the most recent decennial census or census estimate of the United States census bureau; and
(ii) population projections for a 20-year period based on permanent and seasonal population
estimates:
(A) provided by demographics published by the department of commerce;
(B) generated by the local government; or
(C) produced by a professional firm specializing in projections.
(b) When a population projection is not available, population projections for the jurisdiction must be
reflective of the area’s proportional share of the total county population and the total county population growth.
Section 10. Housing. (1) A local governing body shall identify and analyze existing and projected
housing needs for the projected population of the jurisdiction and provide regulations that allow for the
rehabilitation, improvement, or development of the number of housing units needed, as identified in the land
use plan and future land use map, including:
(a) a quantification of the jurisdiction’s existing and projected needed housing types, including
location, age, condition, and occupancy required to accommodate existing and estimated population
projections;
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(b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential
redevelopment sites, available to meet the jurisdiction's needed housing types;
(c) an analysis of any constraints to housing development, such as zoning, development
standards, and infrastructure needs and capacity, and the identification of market-based incentives that may
affect or encourage the development of needed housing types; and
(d) a detailed description of what actions the jurisdiction may take to accommodate the projected
needed housing types identified in subsection (1)(a).
(2) The housing section of the land use plan and future land use map may incorporate by
reference any information or policies identified in other housing needs assessments adopted by the governing
body.
(3) If, after performing the analysis required in subsection (1), the local government determines
that the total needed housing types may not be met due to lack of resources, development sites, infrastructure
capacity, or other documented constraints, the local government shall establish the minimum number of
housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning
period and the actions the local government may take to remove constraints to the development of those units
over that period.
(4) Progress toward the construction of the housing units identified as needed to meet projected
housing needs during the 20-year planning period of the land use plan must be documented at each fifth year
review of the land use plan as required in [section 8].
(5) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 11. Local services and facilities. (1) The land use plan must:
(a) determine the existing and anticipated levels of public safety and emergency services
necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection,
emergency management system agencies, and local health care organizations;
(b) contain an inventory and map of existing fire protection, law enforcement, and emergency
service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service
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agreements, and the location of hospitals or clinics in the jurisdiction;
(c) identify capital and service improvements for fire, law enforcement, emergency services, and
health services for the jurisdictional area necessary to meet the projected population;
(d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated
levels of utility services necessary to serve the projected population in the jurisdiction, including water,
wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local
government;
(e) contain an inventory and map of all utility service areas, system networks, and facilities;
(f) identify local utility capital and service improvements for the jurisdictional area necessary to
meet the projected population;
(g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated
improvements to the transportation network serving the jurisdictional area necessary to serve the projected
population in the jurisdiction;
(h) contain an inventory and classification map of all existing and planned roads within the
jurisdictional area, including major highways, secondary highways, and local routes, all non-motorized routes,
including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and
(i) identify planned capital and service transportation improvements necessary to serve the
projected population.
(2) The local government shall:
(a) coordinate with school districts within the jurisdiction to determine the existing capacity of,
planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the
projected population in the jurisdiction; and
(b) request that the local school district provide any inventory and maps of existing K-12
educational facilities within the jurisdictional area and identify any capital and service improvements necessary
to meet the projected population.
(3) The local government may include an analysis of existing capacity and service levels, planned
expansions of, and anticipated improvements necessary to provide other services to the projected population in
the jurisdiction.
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(4) The local government may incorporate by reference any information or policies identified in
other relevant local services or facilities assessments adopted by the local governing body, such as a capital
improvements plan or an impact fee study.
(5) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 12. Economic development. (1) The land use plan must:
(a) assess existing and potential commercial, industrial, small business, and institutional
enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises;
(b) summarize job composition and trends by industry sector, including existing labor force
characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction;
(c) assess the extent to which local characteristics, assets, and resources support or constrain
existing and potential enterprises, including access to transportation to market goods and services, and assess
historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction;
(d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and
potentially redeveloped sites, available to meet the jurisdiction’s economic development needs;
(e) assess the adequacy of existing and projected local facilities and services, schools, housing
stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional
enterprises; and
(f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction.
(2) The local government may incorporate by reference any information or policies identified in
other relevant economic development assessments.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 13. Natural resources, environment, and hazards. (1) The land use plan must:
(a) include inventories and maps of natural resources within the jurisdiction, including but not
limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry
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lands, and other natural resources identified by the local government;
(b) describe the natural resource characteristics of the jurisdictional area, including a summary of
historical natural resource utilization, data on existing utilization, and projected future trends;
(c) include an inventory, maps, and description of the natural environment of the jurisdictional
area, including a summary of important natural features and the conditions of and real and potential threats to
soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources,
wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and
(d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional
area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural
hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards
that includes:
(i) a description of land use constraints resulting from natural hazards;
(ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the
impact of natural hazards; and
(iii) a description of the role that natural resources and the environment play in the local economy.
(2) The local government may incorporate by reference any information or policies identified in
other relevant assessments of natural resources, environment, or hazards.
(3) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 14. Land use and future land use map. (1) A land use plan must include a future land use
map and a written description of the proposed general distribution, location, and extent of residential,
commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of
public and private uses, as determined by the local government.
(2) The future land use map must reflect the anticipated and preferred pattern and intensities of
development for the jurisdiction over the next 20 years, based on the information, analysis, and public input
collected, considered, and relevant to the population projections for and economic development of the
jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging
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and addressing the natural resource, environment, and natural hazards of the jurisdiction.
(3) The future land use map may not confer any authority to regulate what is not otherwise
specifically authorized in [sections 1 through 38].
(4) The future land use map and the written description must include:
(a) a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land
use regulations;
(b) descriptions of existing and future land uses, including:
(i) categories of public and private use;
(ii) general descriptions of use types and densities of those uses;
(iii) general descriptions of population; and
(iv) other aspects of the built environment;
(c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year
planning period that specifically demonstrate:
(i) adequate land to support the projected population in all land use types in areas where local
services can be adequately and cost-effectively provided for that population;
(ii) adequate sites to accommodate the type and supply of housing needed for the projected
population; and
(iii) areas of the jurisdiction that are not generally suitable for development and the reason, based
on the constraints identified through the land use plan analysis;
(d) a statement acknowledging areas within the jurisdiction known to be subject to covenants,
codes, and restrictions that may limit the type, density, or intensity of housing development projected in the
future land use map; and
(e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher
development densities, or other urban development influences.
(5) To the greatest extent possible, local governments shall create compatibility in the land use
plans and future land use map in those areas identified in subsection (4)(e).
(6) The land use plan may:
(a) provide information required by a federal land management agency for the local governing
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body to establish or maintain coordination or cooperating agency status; and
(b) incorporate by reference any information or policies identified in other relevant assessments
adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan.
(7) The amount of detail provided in the analysis beyond the minimum criteria established in this
section is at the discretion of the local governing body.
Section 15. Area plans. (1) A local governing body may adopt area plans for a portion of the
jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include
but is not limited to a neighborhood plan, a corridor plan, or a subarea plan.
(2) The adoption, amendment, or update of an area plan must follow the same process as a land
use plan provided for in [sections 7 through 17] and may be adopted as an amendment to the land use plan.
(3) The area plan must be in substantial compliance with the land use plan. To the extent an area
plan is inconsistent with the land use plan, the land use plan controls.
Section 16. Issue plans. (1) A local governing body may adopt issue plans for all or part of a
jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan.
(2) The adoption, amendment, or update of an issue plan must follow the same process as a land
use plan provided for in [sections 7 through 17].
(3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as
the detailed analysis required in the land use plan.
Section 17. Implementation. (1) The land use plan and future land use map is not a regulatory
document and must include an implementation section that:
(a) establishes meaningful and predictable implementation measures for the use and development
of land within the jurisdiction based on the contents of the land use plan and future land use map;
(b) provides meaningful direction for the content of more detailed land use regulations and future
land use maps; and
(c) requires identification of those programs, activities, actions, or land use regulations that may be
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part of the overall strategy of the jurisdiction for implementing the land use plan.
(2) The implementation section of the land use plan must include:
(a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning
regulations and a zoning map will be adopted in accordance with the deadlines set forth in [section 5];
(b) if the local jurisdiction has current zoning regulations, an analysis of whether any
inconsistencies exist between current zoning regulations and the land use plan and future land use map,
including a map of the inconsistencies. If inconsistencies exist, the local government shall identify:
(i) specific implementation actions necessary to amend the zoning regulations and the zoning
map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and
future land use map;
(ii) a schedule for amending the zoning regulations and zoning map to be in substantial
compliance with the land use plan and future land use map, in accordance with the deadlines set forth in
[section 5];
(iii) a schedule for adopting a capital improvements program or for amending an existing capital
improvements program to be in substantial compliance with the land use plan and future land use map;
(iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue
sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program;
(v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to
be in substantial compliance with the land use plan; and
(vi) a schedule for implementing any other specific actions necessary to achieve the components of
the land use plan, including a timeframe or prioritization of each specific public action; and
(c) procedures for monitoring and evaluating the local government’s progress toward meeting the
implementation schedule.
Section 18. Authority to adopt local zoning regulations. (1) (a) A local government subject to
[sections 1 through 38], within its respective jurisdiction, has the authority to and shall regulate the use of land
in substantial compliance with its adopted land use plan by adopting zoning regulations.
(b) The governing body of a county or city has the authority to adopt zoning regulations in
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accordance with [sections 18 through 24] by an ordinance that substantially complies with 7-5-103 through 7-5-
107.
(c) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of
the boundaries of the municipality that the governing body anticipates may be annexed into the municipality
over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on
property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are
being annexed into the municipality.
(2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances
prescribing the:
(a) uses of land;
(b) density of uses;
(c) types of uses;
(d) size, character, number, form, and mass of structures; and
(e) development standards mitigating the impacts of development, as identified and analyzed
during the land use planning process and review and adoption of zoning regulations pursuant to [sections 1
through 38].
(3) The local government shall incorporate any existing zoning regulations adopted pursuant to
Title 76, chapter 2, into the zoning regulations meeting the requirements of [sections 1 through 38].
(4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance
with the land use plan and future land use map and the zoning regulations adopted pursuant to this section,
graphically illustrating the zone or zones that a property within the jurisdiction is subject to.
(5) The local government may provide for the issuance of permits as may be necessary for the
implementation of [sections 1 through 38].
(6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a
development or a specific type of development, such as unmitigable natural hazards, insufficient water supply,
inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
for the supply of the services.
(b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless
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the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation
measures identified in the zoning regulations.
(c) Approved construction techniques or other mitigation measures described in subsection (6)(b)
may not include building regulations as defined in 50-60-101 other than those identified by the department of
labor and industry as provided in 50-60-901.
(7) The zoning regulations and map must mitigate the hazards created by development in areas
located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to
be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and
map must identify those areas where future development is limited or prohibited.
(8) The zoning regulations must allow for the continued use of land or buildings legal at the time
that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide
grounds for discontinuing nonconforming uses based on changes to or abandonment of the use of the land or
buildings after the adoption of a zoning regulation, map, or amendment.
Section 19. Encouragement of development of housing. (1) The zoning regulations authorized in
[section 18] must include a minimum of five of the following housing strategies, applicable to the majority of the
area, where residential development is permitted in the jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted;
(b) zone for higher density housing near transit stations, places of employment, higher education
facilities, and other appropriate population centers, as determined by the local government;
(c) eliminate or reduce off-street parking requirements to require no more than one parking space
per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-unit
dwellings or reduce the fees by at least 25%;
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot
with a single-unit dwelling occupied as a primary residence;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
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(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%;
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for
multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
(j) provide for zoning that specifically allows or encourages the development of tiny houses, as
defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office,
retail, or commercial are primary permitted uses; or
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are
permitted uses.
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2,
before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be
eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing
strategy allowed in subsection (1), only one strategy may be considered to have been adopted by the local
government.
Section 20. Limitations on zoning authority. (1) A local government acting pursuant to [sections 18
through 24] may not:
(a) treat manufactured housing units differently from any other residential units;
(b) include in a zoning regulation any requirement to:
(i) pay a fee for the purpose of providing housing for specified income levels or at specified sale
prices; or
(ii) dedicate real property for the purpose of providing housing for specified income levels or at
specified sale prices, including a payment or other contribution to a local housing authority or the reservation of
real property for future development of housing for specified income levels or specified sale prices;
(c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to
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accommodate amateur radio service communications by a person who holds an unrevoked and unexpired
official amateur radio station license and operator's license, "technician" or higher class, issued by the federal
communications commission of the United States;
(d) establish a maximum height limit for an amateur radio antenna of less than 100 feet above the
ground;
(e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use,
development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except
that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;
(f) except as provided in subsection (3), treat the following differently from any other residential
use of property:
(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated
under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day
basis;
(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a
24-hour-a-day basis; or
(iii) a family day-care home or a group day-care home registered by the department of public
health and human services under Title 52, chapter 2, part 7;
(g) except as provided in subsection (3), apply any safety or sanitary regulation of the department
of public health and human services or any other agency of the state or a political subdivision of the state that is
not applicable to residential occupancies in general to a community residential facility serving 8 or fewer
persons or to a day-care home serving 12 or fewer children; or
(h) prohibit any existing agricultural activities or force the termination of any existing agricultural
activities outside the boundaries of an incorporated city, including agricultural activities that were established
outside the corporate limits of a municipality and thereafter annexed into the municipality.
(2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior
to the filing of a permit application or at the time a written request is received for a preapplication meeting
pursuant to 82-4-432.
(3) Except for a day-care home registered by the department of public health and human services,
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a local government may impose zoning standards and conditions on any type of home or facility identified in
subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of
subsections (1)(f) and (1)(g).
Section 21. Adoption and amendment of zoning regulations. (1) (a) The governing body shall
adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the
planning commission.
(b) An amendment to an adopted zoning regulation or map may be initiated:
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the
regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use
permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend a zoning
regulation or map, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6];
(b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or
amendment. All public comment must be part of the administrative record transmitted to the governing body.
(c) make a preliminary determination as to whether the zoning regulation and map as proposed or
as amended would be in substantial compliance with the land use plan, including whether the zoning regulation
or map:
(i) accommodates the projected needed housing types identified in [section 10];
(ii) contains five or more specific strategies from [section 19] to encourage the development of
housing within the jurisdiction;
(iii) reflects allowable uses and densities in areas that may be adequately served by public safety,
emergency, utility, transportation, education, and any other local facilities or services identified by the local
government in [section 11];
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional
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enterprises the local government has identified in [section 12] for targeted economic growth in the jurisdiction;
(v) protects and maximizes the potential use of natural resources within the area, as identified in
[section 13];
(vi) minimizes or avoids impacts to the natural environment within the area, as identified in [section
13]; and
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in
[section 13]; and
(d) preliminarily determine whether the proposed zoning regulation, map, or amendment results in
new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural
hazards from those previously described and analyzed in the assessment conducted for the land use plan.
(3) If the planning commission finds new or increased impacts from the proposed regulation, map,
or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct
additional analysis necessary to provide the planning commission and the public with the opportunity to
comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or
amendment.
(4) After meeting the requirements of subsections (2) and (3), the planning commission shall make
a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation,
map, or amendment.
(5) (a) The governing body shall consider each zoning regulation, map, or amendment that the
planning commission recommends to the governing body.
(b) After providing public notice and participation in accordance with [section 6], the governing
body may adopt, adopt with revisions the governing body considers appropriate, or reject the zoning regulation,
map, or amendment as proposed by the planning commission.
(c) The governing body may not condition an amendment to a zoning regulation or map.
(d) The governing body may not adopt or amend a zoning regulation or map unless the governing
body finds that:
(i) the regulation, map, or amendment is in substantial compliance with the land use plan; and
(ii) the impacts resulting from development in substantial compliance with the proposed zoning
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regulation, map, or amendment have been made available for public review and comment and have been fully
considered by the governing body.
(6) After the zoning regulation, map, or amendment has been adopted by the governing body,
there is a presumption that:
(a) all permitting in substantial compliance with the zoning regulation, map, or amendment is in
substantial compliance with the land use plan; and
(b) the public has been provided a meaningful opportunity to participate.
Section 22. Effect on zoning regulations and map. (1) After the adoption of a zoning regulation,
map, or amendment pursuant to [section 21], any application proposing development of a site is subject to the
process set forth in this section.
(2) (a) When a proposed development lies entirely within an incorporated city, or is proposed for
annexation into the city, the application must be submitted to and approved by the city.
(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely
in an unincorporated area, the application must be submitted to and approved by the county.
(c) If a proposed development lies within an area subject to increased growth pressures, higher
development densities, or other urban development influences identified by either jurisdiction in [section 14], the
jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed development lies partly within an incorporated city, the application and
materials must be submitted to and approved by both the city and the county governing bodies.
(3) Zoning compliance permits and other ministerial permits may be issued by the planning
administrator or the planning administrator's designee without any further review or analysis by the governing
body, except as provided in [section 37].
(4) If a proposed development, with or without variances or deviations from adopted standards, is
in substantial compliance with the zoning regulations or map and all impacts resulting from the development
were previously analyzed and made available for public review and comment prior to the adoption of the land
use plan, zoning regulation, map, or amendment thereto, the application must be approved, approved with
conditions, or denied by the planning administrator and is not subject to any further public review or comment,
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except as provided in [section 37].
(5) (a) If a proposed development, with or without variances or deviations from adopted standards,
is in substantial compliance with the zoning regulations and map but may result in new or significantly
increased potential impacts that have not been previously identified and considered in the adoption of the land
use plan or zoning regulations, the planning administrator shall proceed as follows:
(b) request that the applicant collect any additional data and perform any additional analysis
necessary to provide the planning administrator and the public with the opportunity to comment on and consider
the impacts identified in subsection (5)(a);
(c) collect any additional data or perform additional analysis the planning administrator determines
is necessary to provide the local government and the public with the opportunity to comment on and consider
the impacts identified in subsection (5)(a); and
(d) provide notice of a 15-business day written comment period during which the public has the
reasonable opportunity to participate in the consideration of the impacts identified in subsection (5)(a).
(6) (a) Any additional analysis or public comment on a proposed development described in
subsection (5) must be limited to only any new or significantly increased impacts potentially resulting from the
proposed development, to the extent the impact was not previously identified or considered in the adoption or
amendment of the land use plan or zoning regulations.
(b) The planning administrator shall approve, approve with conditions, or deny the application. The
planning administrator's decision is final and no further action may be taken except as provided in [section 37].
(7) If an applicant proposes to develop a site in a manner or to an extent that the development is
not in substantial compliance with the zoning regulations or map, the applicant shall propose an amendment to
the regulations or map and follow the process provided for in [section 21].
Section 23. Zoning and annexation. (1) A municipality shall review and consider a proposed
annexation in conjunction with the zoning regulations for the property to be annexed adopted pursuant to
[section 18(1)(c)] following the procedures set forth in [section 22].
(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing
requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
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Section 24. Interim zoning ordinances. (1) A local government, to protect the public safety, health,
and welfare and without following the procedures otherwise required prior to adopting a zoning regulation, may
adopt an interim zoning ordinance as an urgency measure to regulate or prohibit uses that may conflict with a
zoning proposal that the governing body is considering or studying or intends to study within a reasonable time.
(2) Before adopting an interim zoning ordinance, the governing body shall first hold a public
hearing upon notice reasonably designed to inform all affected parties. A notice must be published in a
newspaper of general circulation at least 7 days before the public hearing.
(3) An interim zoning ordinance takes effect immediately on passage and approval after first
reading
and may be in effect no longer than 1 year from the date of its adoption.
(4) A local government may not act under the authority provided for in this section until the local
government has adopted a land use plan and zoning regulations pursuant to [sections 1 through 38].
Section 25. Authority to adopt local subdivision regulations -- limitations. (1) Within its
respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its
adopted land use plan and zoning regulations by adopting subdivision regulations.
(b) The governing body of a county or city has the authority to adopt subdivision regulations in
accordance with [sections 25 through 34] by an ordinance that substantially complies with 7-5-103 through 7-5-
107.
(c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area
outside the boundaries of the municipality that the governing body anticipates may be annexed into the
municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision
regulations on property outside the municipal boundaries may not apply or be enforced until the areas are
annexed or being annexed into the municipality.
(2) The subdivision regulations must provide a process for the application and consideration of
subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the
implementation of [sections 1 through 38].
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(3) (a) A local governing body may not require, as a condition for approval of a subdivision under
this [sections 25 through 34]:
(i) the payment of a fee for the purpose of providing housing for specified income levels or at
specified sale prices; or
(ii) the dedication of real property for the purpose of providing housing for specified income levels
or at specified sale prices.
(b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a payment or other
contribution to a local housing authority or the reservation of real property for future development of housing for
specified income levels or specified sale prices.
(4) The local governing body may not change, in the subdivision regulations or in the process for
subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in
[sections 25 through 34].
Section 26. Exemptions to subdivision review. (1) The following divisions of land, if made in
substantial compliance with zoning regulations adopted pursuant to [sections 18 through 24], are not subject to
the requirements of [sections 1 through 38]:
(a) subject to subsection (2), the creation of four or fewer new lots or parcels from an original lot or
parcel:
(i) by order of a court of record in this state;
(ii) by operation of law; or
(iii) that, in the absence of agreement between the parties to a sale, could be created by court
order in this state pursuant to the law of eminent domain, Title 70, chapter 30;
(b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust
indentures for the purpose of construction, improvements to the land being divided, or refinancing, if the land
that is divided is not conveyed to any entity other than the financial or lending institution to which the mortgage,
lien, or trust indenture was given or to a purchaser upon foreclosure of the mortgage, lien, or trust indenture;
(c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface
ownership of real property;
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(d) the creation of cemetery lots;
(e) the reservation of a life estate on a portion of a tract of record;
(f) the lease or rental of a portion of a tract of record for farming and agricultural purposes;
(g) the division of property over which the state does not have jurisdiction;
(h) the creation of rights-of-way or utility sites;
(i) the creation of condominiums, townhomes, townhouses, or conversions, as those terms are
defined in 70-23-102, when any applicable park dedication requirements as set forth in [sections 18 through 24]
are complied with;
(j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a
municipal or regional airport authority;
(k) subject to subsection (4), a division of state-owned land, unless the division creates a second
or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974;
(l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1,
1974;
(m) the relocation of common boundary lines between or aggregations of adjoining properties that
does not result in an increase in the number of lots;
(n) a single gift or sale in each county to each member of the landowner's immediate family; or
(o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in
which the landowner enters into a covenant with the governing body that runs with the land that provides that
the divided land must be used exclusively for agricultural purposes.
(2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify
the governing body of the pending division and allow the governing body to present written comment on the
division.
(3) A transfer of divided land by the owner of the property at the time that the land was divided to
any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of
[sections 1 through 38].
(4) Instruments of transfer of land that is acquired for state highways may refer by parcel and
project number to state highway plans that have been recorded in compliance with 60-2-209 and are exempted
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from the surveying and platting requirements of [sections 1 through 38]. If the parcels are not shown on
highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to
appropriate certificates of survey and plats when presented for recording.
(5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o)
without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior
to or in conjunction with the revoking of the covenant.
Section 27. Adoption and amendment of subdivision regulations. (1) (a) The governing body
shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the
planning commission.
(b) An amendment to adopted subdivision regulations may be initiated:
(i) by majority vote of the governing body;
(ii) on petition of at least 15% of the electors of the local government jurisdiction to which the
regulations apply, as registered at the last general election; or
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use
permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend subdivision
regulations, the planning commission shall:
(a) provide public notice and participation in accordance with [section 6];
(b) accept, consider, and respond to public comment on the proposed subdivision regulation or
amendment to a subdivision regulation. All public comment must be part of the administrative record
transmitted to the governing body.
(c) make a preliminary determination as to whether the subdivision regulation or amendment to a
subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including
whether the regulation or amendment:
(i) enables the development of projected needed housing types identified in the land use plan and
zoning regulations;
(ii) reflects applicable strategies from the land use plan and zoning regulations to encourage the
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development of housing within the jurisdiction;
(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education,
and any other local facilities or services for proposed development, as identified in the land use plan and zoning
regulations;
(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and
institutional enterprises identified in the land use plan and zoning regulations for economic growth;
(v) protects and maximizes the potential use of natural resources within the area, as identified in
the land use plan and zoning regulations;
(vi) contains standards that minimize or avoid impacts to the natural environment within the area,
as identified in the land use plan and zoning regulations; and
(vii) contains standards that avoid or minimize dangers associated with natural hazards in the
jurisdiction, as identified in the land use plan and zoning regulations; and
(d) preliminarily determine whether the proposed subdivision regulation or amendment to a
subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural
resources, natural environment, or natural hazards from those previously described and analyzed in the
assessments conducted for the land use plan and zoning regulations.
(3) If the planning commission finds new or increased potential impacts from the proposed
regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect
additional data and conduct additional analysis necessary to provide the planning commission and the public
with the opportunity, pursuant to [section 6], to comment on and consider all potential impacts resulting from
adoption of the subdivision regulation or amendment to a subdivision regulation.
(4) After meeting the requirements of subsection (2), the planning commission shall make a final
recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or
amendment to a subdivision regulation.
(5) (a) The governing body shall consider each subdivision regulation or amendment to a
subdivision regulation that the planning commission recommends to the governing body.
(b) After providing public notice and participation in accordance with [section 6], the governing
body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision
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regulation or amendment to a subdivision regulation as proposed by the planning commission.
(c) The governing body may not adopt or amend a subdivision regulation unless the governing
body finds:
(i) the subdivision regulation or amendment to a subdivision regulation is in substantial
compliance with the land use plan and zoning regulations; and
(ii) the impacts resulting from development in substantial compliance with the proposed
subdivision regulation or amendment to a subdivision regulation have been made available for public review
and comment, which have been fully considered by the governing body.
(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by
the governing body, there is a presumption that:
(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in
substantial compliance with the land use plan and zoning regulations; and
(b) the public has been provided a meaningful opportunity to participate.
Section 28. Contents of local subdivision regulations. (1) The subdivision regulations adopted
under [sections 25 through 34] are limited to the following requirements:
(a) the date the regulations initially become effective under [sections 1 through 38] and the
effective dates and the ordinance numbers for all subsequent amendments;
(b) design standards for all subdivisions in the jurisdiction, which may be incorporated by reference
or may be based on the information and analysis contained in the land use plan and zoning regulations,
including:
(i) standards for grading and erosion control;
(ii) standards for the design and arrangement of lots, streets, and roads;
(iii) standards for the location and installation of public utilities, including water supply and sewage
and solid waste disposal;
(iv) standards for the provision of other public improvements; and
(v) legal and physical access to all lots;
(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement
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that the subdivider:
(i) reserve all or a portion of the appropriation water rights owned by the owner of the subject
property, transfer the water rights to a single entity for use by landowners within the subdivision who have a
legal right to the water, and reserve and sever any remaining surface water rights from the land;
(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed
to provide the use of a water right on the subdivision lots, establish a landowner's water use agreement that is
administered through a single entity and that specifies administration and the rights and responsibilities of
landowners within the subdivision who have a legal right and access to the water; or
(iii) reserve and sever all surface water rights from the land;
(d) except as provided in subsection (2), a requirement that the subdivider establish ditch
easements that:
(i) are in locations of appropriate topographic characteristics and sufficient width to allow the
physical placement and unobstructed maintenance of open ditches or belowground pipelines for the delivery of
water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit
of an irrigation district or other private or public entity formed to provide for the use of the water right on the
subdivision lots;
(ii) unless otherwise provided for under a separate written agreement or filed easement, provide
for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the
subdivision that are necessary to convey water through the subdivision to lands adjacent to or beyond the
subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;
(iii) are a sufficient distance from the centerline of the ditch to allow for construction, repair,
maintenance, and inspection of the ditch; and
(iv) prohibit the placement of structures or the planting of vegetation other than grass within the
ditch easement without the written permission of the ditch owner;
(e) criteria that the planning administrator must use to determine whether a proposed method of
disposition using the exemptions provided in [sections 1 through 38] is an attempt to evade the requirements of
[sections 1 through 38];
(f) a list of the materials that must be included in order for the application to be determined
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complete;
(g) subject to subsection (4), identification of circumstances or conditions that may necessitate the
denial of any or specific types of development, such as unmitigable natural hazards, insufficient water supply,
inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
for the supply of the services;
(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal
government that the local government must seek input from during review of an application and for what
information or analysis; or
(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a
combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit.
(2) A land donation under this section may be inside or outside of the subdivision.
(3) The regulations may not require ditch easements if:
(a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner
acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated
land that the lots may continue to be assessed for irrigation water delivery even though the water may not be
deliverable; or
(b) the water rights are removed or the process has been initiated to remove the water rights from
the subdivided land through an appropriate legal or administrative process and the removal or intended removal
is denoted on the preliminary plat. If removal of water rights is not complete upon filing of the final plat, the
subdivider shall provide written notification to prospective buyers of the intent to remove the water right and
shall document that intent, when applicable, in agreements and legal documents for related sales transactions.
(4) (a) The regulations must prohibit development in circumstances or conditions identified in
subsection (1)(g) unless the hazards or impacts may be eliminated or overcome by approved construction
techniques or other mitigation measures identified in the subdivision regulations.
(b) Approved construction techniques or other mitigation measures described in subsection (4)(a)
may not include building regulations as defined in 50-60-101 other than those identified by the department of
labor and industry as provided in 50-60-901.
(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the
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local government shall provide a copy of the application and preliminary plat to the school district.
(6) (a) A park dedication may not be required for:
(i) land proposed for subdivision into parcels larger than 5 acres;
(ii) subdivision into parcels that are all nonresidential;
(iii) a subdivision in which parcels are not created, except when that subdivision provides multiple
permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or
(iv) a subdivision in which only one additional parcel is created.
(b) Subject to the approval of the local governing body and acceptance by the school district
trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used
for school facilities or buildings.
Section 29. Local review procedure for divisions of land. (1) An applicant may request a
preapplication submittal and response from the planning administrator prior to submitting a subdivision
application. The preapplication review must take place no more than 30 business days from the date that the
planning administrator receives a written request for a preapplication review from the subdivider.
(2) On receipt of an application for an exemption from subdivision review under [section 26] that
contains all materials and information required by the governing body under subsection (5), the local
government:
(a) shall approve or deny the application within 20 business days;
(b) may not impose conditions on the approval of an exemption from subdivision review except for
conditions necessary to ensure compliance with the survey requirements of [section 33(1)]; and
(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or
drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land
surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of
survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of
survey in which the surveyor has a financial or personal interest.
(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for
annexation into the city, the application and preliminary plat must be submitted to and approved by the city.
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(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an
unincorporated area, the application and preliminary plat must be submitted to and approved by the county.
(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher
development densities, or other urban development influences identified by either jurisdiction in [section 14], the
jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
(d) If the proposed subdivision lies partly within an incorporated city, the application and
preliminary plat must be submitted to and approved by both the city and the county governing bodies.
(4) A subdivision application is considered received on the date the application is delivered to the
reviewing agent or agency if accompanied by the review fee.
(5) (a) The planning administrator has 20 business days to determine whether the application
contains all information and materials necessary to complete the review of the application as set forth in the
local subdivision regulations.
(b) The planning administrator may review subsequent submissions of the application only for
information found to be deficient during the original review of the application under subsection (5)(a).
(c) A determination that an application contains sufficient information for review as provided in
subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not
limit the ability of the planning administrator to request additional information during the review process.
(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan
must include a phasing plan and map that demonstrates what lots will be included with each phase, what public
facilities will be completed with each phase, and the timeline for the proposed phases.
(7) (a) If an application proposes a subdivision of a site that, with or without variances or deviations
from adopted standards, is in substantial compliance with the zoning and subdivision regulations and all
impacts resulting from the development were previously analyzed and made available for public review and
comment prior to the adoption of the land use plan, zoning regulations, and subdivision regulations, or any
amendment thereto, the planning administrator shall issue a written decision to approve, approve with
conditions, or deny the preliminary plat.
(b) The application is not subject to any further public review or comment, except as provided in
[section 37].
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(c) The decision by the planning administrator must be made no later than 15 business days from
the date the application is considered complete.
(8) (a) If an application proposes subdivision of a site that, with or without variances or deviations
from adopted standards, is in substantial compliance with the zoning and subdivision regulations but may result
in new or significantly increased potential impacts that have not been previously identified and considered in the
adoption of the land use plan, zoning regulations, or subdivision regulations, or any amendments thereto, the
planning administrator shall proceed as follows:
(i) request the applicant to collect additional data and perform additional analysis necessary to
provide the planning administrator and the public with the opportunity to comment on and consider the impacts
identified in this subsection (8)(a);
(ii) collect additional data or perform additional analysis that the planning administrator determines
is necessary to provide the local government and the public with the opportunity to comment on and consider
the impacts identified in this subsection (8)(a); and
(iii) provide notice of a written comment period of 15 business days during which the public must
have a reasonable opportunity to participate in the consideration of the impacts identified in this subsection
(8)(a).
(b) Any additional analysis or public comment on the proposed development is limited to only new
or significantly increased potential impacts resulting from the proposed development to the extent that the
impact was not previously identified in the consideration and adoption of the land use plan, zoning regulations,
subdivision regulations, or any amendments thereto.
(9) Within 30 business days of the end of the written comment period provided in subsection
(8)(a)(iii), the planning administrator shall issue a written decision to approve, conditionally approve, or deny a
proposed subdivision application.
(10) The basis of the decision to approve, conditionally approve, or deny a proposed preliminary
plat is based on the administrative record as a whole and a finding that the proposed subdivision:
(a) meets the requirements and standards of [sections 1 through 38];
(b) meets the survey requirements provided in [section 33(1)];
(c) provides the necessary easements within and to the proposed subdivision for the location and
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installation of any planned utilities; and
(d) provides the necessary legal and physical access to each parcel within the proposed
subdivision and the required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
(11) (a) The written decision must identify each finding required in subsection (10) that supports the
decision to approve, conditionally approve, or deny a proposed preliminary plat, including any conditions placed
on the approval that must be satisfied before a final plat may be approved.
(b) The written decision must identify all facts that support the basis for each finding and each
condition and identify the regulations and statutes used in reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, a local government may not unreasonably
restrict a landowner's ability to develop land. However, in some instances, the local government may determine
that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.
(12) The written decision to approve, conditionally approve, or deny a proposed subdivision must:
(a) be provided to the applicant;
(b) be made available to the public;
(c) include information regarding the appeal process; and
(d) state the timeframe the approval is in effect.
(13) The planning administrator's decision is final, and no further action may be taken except as
provided in [section 37].
(14) Any changes to an approved preliminary plat that increases the number of lots or redesigns or
rearranges six or more lots must undergo consideration and approval of an amended plat following the
requirements of this section.
Section 30. Effect of preliminary plat approval. (1) (a) An approved or conditionally approved
preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year.
(b) At the end of the period, the planning administrator may, at the request of the subdivider,
extend the approval once by written agreement.
(c) On receipt of a request for an extension, the planning administrator shall determine whether
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the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the
preliminary plat is no longer in substantial compliance with the zoning or subdivision regulations, the extension
may not be granted.
(d) After a preliminary plat is approved, the local government may not impose any additional
conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended
approval period.
(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and
approved by the governing body.
(2) An approved or conditionally approved phased preliminary plat must be in effect for 20
calendar years.
Section 31. Local review procedure for final plats. (1) The following must be submitted with a final
plat application:
(a) information demonstrating the final plat conforms to the written decision and all conditions of
approval set forth on the preliminary plat;
(b) a plat that meets the survey requirements provided in [section 33(1)]; and
(c) confirmation the county treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to be subdivided have been paid.
(2) The final plat may be required to be reviewed for errors and omissions in calculation or drafting
by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor
shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A
professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor
has a financial or personal interest.
(3) A final plat application is considered received on the date the application is delivered to the
governing body or the agent or agency designated by the governing body if accompanied by the review fee.
(4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine
whether the final plat contains the information required under subsection (1) and shall notify the subdivider in
writing.
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(b) If the planning administrator determines that the final plat does not contain the information
required under subsection (1), the planning administrator shall identify the final plat's defects in the notification.
(c) The planning administrator may review subsequent submissions of the final plat only for
information found to be deficient during the original review of the final plat under subsection (4)(a).
(d) A determination that the application for a final plat contains sufficient information for review as
provided in subsection (4)(a) does not ensure approval of the final plat and does not limit the ability of the
planning administrator to request additional information during the review process.
(5) Once a determination is made under subsection (4) that the final plat contains the information
required under subsection (1), the governing body shall review and approve or deny the final plat within 20
business days.
(6) The subdivider or the subdivider's agent and the governing body or its reviewing agent or
agency may mutually agree to extend the review periods provided for in this section.
(7) (a) For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply
for final plat of any one or more phases following the process set forth in subsections (1) through (6).
(b) After 5 years have elapsed since approval of a phased preliminary plat, the planning
administrator shall review each remaining phase to determine if a phase may result in new or significantly
increased potential impacts that have not been previously identified and considered in the adoption of the land
use plan, zoning or subdivision regulations, or review and approval of the phased preliminary plat. If the
planning administrator identifies any new or significantly increased potential impacts not previously identified
and considered, the planning administrator shall proceed as set forth in [section 29(8)].
(c) If necessary to mitigate impacts identified in subsection (7)(b), the planning administrator may
impose conditions on any phase before final plat approval is sought.
Section 32. Filing and recordation of plats and certificates of survey. (1) (a) Except as provided
in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and
recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county
may not accept any final plat or certificate of survey for record that has not been approved in accordance with
[sections 25 through 34] unless the final plat or certificate of survey is located in an area over which the state
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does not have jurisdiction.
(b) After the preliminary plat of a subdivision has been approved or conditionally approved, the
subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract
conditions are imposed and met:
(i) the purchasers of lots in the proposed subdivision make payments to an escrow agent, which
must be a bank or savings and loan association chartered to do business in the state of Montana;
(ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by
the escrow agent to the subdivider until the final plat of the subdivision is filed with the county clerk and
recorder;
(iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within
the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any
payments the purchaser has made under the contract;
(iv) the county treasurer has certified that no real property taxes assessed and levied on the land to
be divided are delinquent; and
(v) the following language is conspicuously set out in each contract: "The real property that is the
subject of this contract has not been finally platted, and until a final plat identifying the property has been filed
with the county clerk and recorder, title to the property may not be transferred in any manner".
(2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer
has certified that all real property taxes and special assessments assessed and levied on the land to be divided
have been paid.
(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to
the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate
the taxes applicable to the land being divided on a reasonable basis. The owner of the centrally assessed
property shall ensure that the prorated real property taxes and special assessments are paid on the land being
sold before the division of land is made.
(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection
(2)(b) as a partial payment of the total tax that is due.
(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision
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plats and certificates of survey.
(b) The index must list plats and certificates of survey by the quarter section, section, township,
and range in which the platted or surveyed land lies and must list the recording or filing numbers of all plats or
certificates of survey depicting lands lying within each quarter section. Each quarter section list must be
definitive to the exclusion of all other quarter sections. The index must also list the names of all subdivision
plats in alphabetical order and the place where filed.
(4) The recording of any plat made in compliance with the provisions of [sections 1 through 38]
must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed
by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as
being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be
received in evidence in all courts of this state.
(5) (a) Any plat prepared and recorded as provided in [sections 25 through 34] may be vacated
either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1)
and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall
determine to which properties the title to the streets and alleys of the vacated portions must revert. The
governing body or the district court, as provided in 7-5-2502, shall take into consideration:
(i) the previous platting;
(ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed;
(iii) the reasons stated in the petition requesting the vacation;
(iv) the parties requesting the vacation; and
(v) any agreements between the adjacent property owners regarding the use of the vacated area.
The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the
properties within the platted area adjacent to the vacated portions.
(b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other
public or private facility is located in a vacated street or alley at the time of the reversion of the title to the
vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to
continue the operation and maintenance of the public utility facility.
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Section 33. Survey requirements. (1) Divisions of land under [sections 1 through 38] must follow the
uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and
adopted by the board of professional engineers and professional land surveyors.
(2) All division of sections into aliquot parts and retracement of lines must conform to United States
bureau of land management instructions, and all public land survey corners must be filed in accordance with
Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public
improvements and other elements of the subdivision required by the governing body must be prepared and filed
by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance
with [sections 25 through 34] and regulations adopted pursuant to [sections 25 through 34].
(3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into
parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a
United States government lot must be surveyed by or under the supervision of a registered land surveyor.
Surveys required under this section must comply with the requirements of subsection (8).
(4) Except as provided in 70-22-105, within 180 days of the completion of a survey, the
professional land surveyor responsible for the survey, whether the surveyor is privately or publicly employed,
shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the
survey:
(a) provides material evidence not appearing on any map filed with the county clerk and recorder
or contained in the records of the United States bureau of land management;
(b) reveals a material discrepancy in the map;
(c) discloses evidence to suggest alternate locations of lines or points; or
(d) establishes one or more lines not shown on a recorded map, the positions of which are not
ascertainable from an inspection of the map without trigonometric calculations.
(5) A certificate of survey is not required for any survey that is made by the United States bureau
of land management, that is preliminary, or that will become part of a subdivision plat being prepared for
recording under the provisions of [sections 1 through 38].
(6) It is the responsibility of the governing body to require the replacement of all monuments
removed in the course of construction.
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(7) (a) A registered land surveyor may administer and certify oaths when:
(i) it becomes necessary to take testimony for the identification of old corners or reestablishment
of lost or obliterated corners;
(ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence
concerning it be perpetuated; or
(iii) the importance of the survey makes it desirable to administer an oath to the surveyor's
assistants for the faithful performance of their duty.
(b) A record of oaths must be preserved as part of the field notes of the survey and noted on the
certificate of survey filed under subsection (4).
(8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or
defines a section line and creates a parcel that crosses the established or defined section line so that an
irrigation district assessment boundary is included in more than one section shall note on the survey the
acreage of the farm unit or created parcel in each section.
(ii) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the
purpose of the survey.
(b) The requirements of subsection (8)(a) apply only to surveys for which the surveyor determines
that, based on available public records, the survey involves land:
(i) traversed by a canal or ditch owned by an irrigation district; or
(ii) included in an irrigation district.
Section 34. Public improvements and extension of capital facilities. (1) Except as provided in
subsections (1)(a) and (1)(c), the governing body shall require the subdivider to complete required
improvements within the proposed subdivision prior to the approval of the final plat.
(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval
of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be
provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the
governing body, providing for and securing the construction and installation of the improvements within a period
specified by the governing body and expressed in the bonds or other security. The governing body shall reduce
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bond or security requirements commensurate with the completion of improvements. Failure of the local
government to require the renewal of a bond does not waive the subdivider's responsibility to complete the
required improvements prior to the approval of the final plat.
(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the
required public improvements under subsection (2)(a)(i), the governing body may enter into a subdivision
improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or
other method of completing the necessary improvements to serve the development as set forth in the
preliminary plat approval.
(b) Approval by the governing body of a final plat prior to the completion of required improvements
and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for
the purposes of 2-9-111.
(c) The governing body may require a percentage of improvements or specific types of
improvements necessary to protect public health and safety to be completed before allowing bonding, other
reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat.
The requirement is applicable to approved preliminary plats.
(2) (a) A local government may require a subdivider to pay or guarantee payment for part or all of
the costs of extending capital facilities related to public health and safety, including but not limited to public
roads, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the
expected impacts directly attributable to the subdivision. A local government may not require a subdivider to
pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to
education.
(b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be
expended on the capital facilities for which the payments were required.
Section 35. Variances. (1) All land use regulations must include a process for the submission and
review of variances.
(2) The application for a variance must be for relief from land or building form design standards or
subdivision design and improvement standards.
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(3) Variance applications must be considered and approved or approved with conditions before
application or in conjunction with application for a zoning permit or subdivision approval.
(4) The granting of a variance must meet all of the following criteria:
(a) the variance is not detrimental to public health, safety or general welfare;
(b) the variance is due to conditions peculiar to the property, such as physical surroundings,
shape, or topographical conditions;
(c) strict application of the regulations to the property results in an unnecessary hardship to the
owner as compared to others subject to the same regulations and that is not self-imposed;
(d) the variance may not cause a substantial increase in public costs; and
(e) the variance may not place the property in nonconformance with any other regulations.
(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant
to the requirements of Title 76, chapter 5.
(6) Variance requests must be reviewed and determined by the planning administrator. The
planning administrator's decision is final and no further action may be taken except as provided in [section 37].
Section 36. Fees. The governing body may establish reasonable fees to be paid by an applicant for a
zoning permit, subdivision application, appeals, or any other review performed by the local government
pursuant to [sections 1 through 38] to defray the expense of performing the review.
Section 37. Appeals. (1) Appeals of any final decisions made pursuant to [sections 1 through 38]
must be made in accordance with this section.
(2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning
map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the
district court within 30 days of the date of the resolution or ordinance adopted by the governing body.
(3) (a) Any final administrative land use decision, including but not limited to approval or denial of a
zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or
denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map
may be appealed by the applicant or any aggrieved person to the planning commission.
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(b) An appeal under subsection (3)(a) must be submitted in writing within 15 business days of the
challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) The planning commission shall hear the appeal de novo. The planning commission is not
bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal.
The appellant has the burden of proving that the appealed decision was made in error.
(e) A decision of the planning commission on appeal takes effect on the date when the planning
commission issues a written decision.
(4) (a) Any final land use decision by the planning commission may be appealed by the applicant,
planning administrator, or any aggrieved person to the governing body.
(b) An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the
challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) The governing body shall hear the appeal de novo. The governing body is not bound by the
decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant
has the burden of proving that the appealed decision was made in error.
(d) A decision of the governing body on appeal takes effect on the date when the governing body
issues a written decision.
(5) (a) No person may challenge in district court a land use decision until that person has
exhausted the person's administrative appeal process as provided in this section.
(b) Any final land use decision of the governing body may be challenged by presenting a petition
setting forth the grounds for review of a final land use decision with the district court within 30 calendar days
after the written decision is issued.
(c) A challenge in district court to a final land use decision of the governing body is limited to the
issues raised by the challenger on administrative appeal.
(6) Every final land use decision made pursuant to this section must be based on the
administrative record as a whole and must be sustained unless the decision being challenged is arbitrary,
capricious, or unlawful.
(7) Nothing in [sections 1 through 38] is subject to any provision of Title 2, chapter 4.
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Section 38. Enforcement and penalties. (1) A local government may, by ordinance, establish civil
penalties for violations of any of the provisions of [sections 1 through 38] or of any ordinances adopted under
the authority of [sections 1 through 38].
(2) Prior to seeking civil penalties against a property owner, a local government shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner
of record on file in the office of the county recorder;
(b) a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the
violation before expiration of a time certain.
(3) A local government may, in addition to other remedies provided by law, seek:
(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act;
or
(c) criminal prosecution for violation of any of the provisions of [sections 1 through 38] or of any
ordinances adopted under the authority of [sections 1 through 38] as a misdemeanor punishable by a fine not to
exceed $500 per day for each violation.
(4) In any enforcement action taken under this section or remedy sought thereunder, the parties
shall pay their own costs and attorney fees.
Section 39. Repealer. The following sections of the Montana Code Annotated are repealed:
7-21-1001. Legislative findings and purpose.
7-21-1002. Definitions.
7-21-1003. Local government regulations -- restrictions.
Section 40. Codification instruction. [Sections 1 through 38] are intended to be codified as an
integral part of Title 76, and the provisions of Title 76 apply to [sections 1 through 38].
Section 41. Effective date. [This act] is effective on passage and approval.
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Section 42. Applicability. [This act] applies to local governments that currently meet the population
thresholds in [section 5].
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I hereby certify that the within bill,
SB 382, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2023.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2023.
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SENATE BILL NO. 382
INTRODUCED BY F. MANDEVILLE, D. FERN, S. VINTON, M. BERTOGLIO, L. BREWSTER, M. HOPKINS, E.
BOLDMAN, G. HERTZ, C. FRIEDEL, J. KARLEN
AN ACT CREATING THE MONTANA LAND USE PLANNING ACT; REQUIRING CITIES THAT MEET CERTAIN
POPULATION THRESHOLDS TO UTILIZE THE LAND USE PLAN, MAP, ZONING REGULATIONS, AND
SUBDIVISION REGULATIONS PROVIDED IN THE ACT; ALLOWING OTHER LOCAL GOVERNMENTS THE
OPTION TO UTILIZE THE PROVISIONS OF THE ACT; REQUIRING PUBLIC PARTICIPATION DURING THE
DEVELOPMENT, ADOPTION, OR AMENDMENT OF A LAND USE PLAN, MAP, ZONING REGULATION, OR
SUBDIVISION REGULATION; PROVIDING STRATEGIES TO MEET POPULATION PROJECTIONS;
PROVIDING FOR CONSIDERATION OF FACTORS SUCH AS HOUSING, LOCAL FACILITIES, ECONOMIC
DEVELOPMENT, NATURAL RESOURCES, ENVIRONMENT, AND NATURAL HAZARDS WHEN
DEVELOPING A LAND USE PLAN, MAP, AND ZONING REGULATION; PROVIDING FOR A PROCEDURE TO
REVIEW SUBDIVISIONS AND APPROVE FINAL PLATS; PROVIDING FOR A LOCAL GOVERNING BODY TO
COLLECT FEES; PROVIDING AN APPEALS PROCESS, ENFORCEMENT MECHANISMS, AND PENALTIES;
PROVIDING DEFINITIONS; REPEALING SECTIONS 7-21-1001, 7-21-1002, AND 7-21-1003, MCA; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
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Memorandum
REPORT TO:Community Development 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 Code Revision Project Update
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Receive Presentation, Discuss Alternatives
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:The purpose of this discussion is to brief the Community Development
Board, in their advisory role overseeing potential development code
revisions, on the current city project to update portions of our wetland-
related code. This will be an introductory conversation, with a detailed
presentation of the proposed code revisions scheduled later this calendar
year. Staff has targeted a first read of the eventual code update to be before
Commission by the end of 2023.
The following Background was to Bozeman City Commission before a work
session held on July 25, 2023. Staff have received direction from Commission
on the related work session questioning.
General Overview
Mitigation of impacts to wetlands that occurs 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
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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.
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 Commission with
information related to: (i) the current approach of the City to its wetlands
regulatory program under the UDC; (ii) provide information on the Sackett
decision and the issues resulting from the decision; and (iii) provide
information on future approaches to local regulation of wetlands.
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
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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
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
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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
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 no
higher than the Upper Missouri Mitigation Bank credits if a local mitigation
requirement is put in place. 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
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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
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
localmitigation 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.
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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
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
142
Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Upcoming Items for the August 21, 2023, Community Development Board
Meeting
MEETING DATE:August 7, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
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:No project review items are currently scheduled for the August 21, 2023
Community Development Board
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: August 3, 2023
143