HomeMy WebLinkAbout09-18-23 Public Comment - H. Hill - Public Comment UDC Aquatic Resources Regulations Suggested EditsFrom:Holly Hill
To:Agenda
Cc:Lilly Deford
Subject:[EXTERNAL]Public Comment UDC Aquatic Resources Regulations Suggested Edits
Date:Monday, September 18, 2023 10:59:35 AM
Attachments:UDC Update Recommendations 9.18.23.pdfAttachment B City of Bozeman Aquatic Resources Regulations Suggested Edits 9.18.23.pdf
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Dear City of Bozeman Community Development Board,
Please see the attached comment pertaining to this evening's agenda item: Unified
Development Code, Bozeman Municipal Code to Repeal and Replace the Entire Chapter withNew Zoning and Subdivision Regulations Consistent with the Montana Land Use Planning
Act, Application 21381. We appreciate all of the time and dedication that has gone intoupdating the UDC to most effectively communicate and execute the intent of the code.
Thank you for your consideration,
The Gallatin Watershed Council
--
Holly Hill, Executive Director
Phone: 406.560.4425Follow us! Facebook | Instagram
To: Community Development Ci zen Advisory Board
From: The Galla n Watershed Council
Re: Bozeman UDC Update, Aqua c Resources
Date: September 18, 2023
Dear Community Development Ci zen Advisory Board,
The Galla n Watershed Council (GWC), with the help of several technical experts, has reviewed sec ons
of Bozeman's dra Unified Development Code (UDC) that regulate aqua c resources impacts, including
wetlands, watercourses, and agricultural water user facili es. The following recommenda ons a empt
to clarify exis ng code, and do not include substan ve changes. The primary challenge facing aqua c
resources in Bozeman lies in the usability and enforcement of codes, and not necessarily with the codes
themselves. We set out to use what is already there, and help make the aqua c resources review
processes and design standards more straigh orward, so that contextually appropriate land stewardship
is incen vized from the start of the development process. Our intent is to help both developers and
reviewers be er understand, follow, and implement the code by: 1) organizing exis ng informa on so
that users can access relevant informa on easily, 2) ensuring informa on is consistent throughout the
UDC document, and 3) clarifying language to more effec vely execute the intent of the code.
First we will outline how we arrived at these recommenda ons, including who we have worked with and
why we feel these recommenda ons are necessary. We will then draw a connec on to the wetland code
update process. This comment le er is followed by two a achments: A) a list of general
recommenda ons, and B) a dra of proposed in-line-edits. All of these recommenda ons are intended
to ini ate a conversa on and do not necessarily represent a final version - we an cipate developing
these recommenda ons further over the next month, ahead of the City Commission final adop on.
Many different stakeholders have been influen al in developing the following general recommenda ons
and in-line edits to the UDC. GWC facilitates the Galla n Water Collabora ve, a group of over 30
stakeholders from the Valley that are working together to protect, to enhance and restore water
resources in the Galla n Valley. Over the past several years we have been listening to and working with
many different groups that interact with the UDC as developers, consultants, city staff from mul ple
departments, conserva onists, and agricultural irrigators. While these comments are submi ed by GWC,
they represent the collec ve experiences, and the shared goals and priori es of many. Time and again
we have experienced first hand and heard from others 1) that aqua c resources are o en one of the last
things considered in the design process, making protec ng them at odds with a plan already far
underway, resul ng in difficult nego a ons, conflict, costly changes, and unnecessary impacts, and 2)
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
1
that in several places in the code, the regulatory language designed to protect natural resources is
confusing for all involved, despite best inten ons.
In par cular, two individuals have guided our recommenda ons: Lynn Bacon, and Brianna Shultz. Ms.
Bacon is a wetland consultant that contracts with the City and developers on both sides of the wetland
review process, and was also one of the original authors of the wetland sec ons of the UDC. Ms. Shultz
is also a wetland consultant that primarily engages with the code as a consultant to developers.
Wetlands, watercourses, floodplains, and riparian areas are key to growing sustainably, in a way that is
resilient in the face of climate change. Aqua c resource stewardship can be perceived as being at odds
with affordable housing. On the contrary, though ully shepherding water through our city can avoid
costly infrastructure damage and risks to human health and safety, and can support equitable access to
clean water and a viable economy. Seemingly small impacts ul mately add up to result in expensive
problems. Bozeman's urban waterways are considered impaired for water quality by the Montana
Department of Environmental Quality, and urban impacts are having an outsized role on the East Galla n
River’s impairment status. The City is currently addressing mandated water quality improvements in our
rivers and streams with expensive maintenance and updates to the Water Reclama on Facility and
stormwater facili es. These efforts represent a significant tax burden to our residents and large line
items in the City’s FY23-24 budget. Wetlands, watercourses, and riparian areas do the job naturally, as is
recognized in our code today in the “intent and purpose” sec on of the wetland regula ons, including
“flood control and storage” and “nutrient removal from urban runoff.” Pollu on and flooding are
problems that are much less expensive to avoid than to mi gate and restore. The affordable housing
conversa on is not just about the cost to build, but the cost to live, and without clean water, the
challenge of affordable housing becomes that much more difficult.
GWC is also par cipa ng in the wetland code update process. While we will be advoca ng for the
following recommenda ons in that process as well, it is our understanding that the impetus for this
discussion was the ruling on the Sacke case, and the loss of federal protec on for many of our
wetlands, therefore it is likely to primarily focus on wetland mi ga on. This is a big and challenging nut
to crack in and of itself. The recommenda ons included here fall within the intended scope of the UDC
update process, and focus on ghtening up the exis ng code to capitalize on avoidance and minimiza on
of impacts, before having to resort to mi ga on - the less ideal and more challenging op on of the
three.
As the City of Bozeman undergoes several planning processes, we are encouraged by the City’s hard, and
though ul work to address sustainable growth and environmental stewardship. Our community values
clean air, clean water, open-space, and wildlife. The PRAT Plan states that, “Through the engagement
process, the plan uncovered that the City’s parks and trails provide an important oasis in the fastest
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
2
growing city in Montana. Bozeman residents clearly value opportuni es to connect with nature.” Thank
you for listening. Good land management is good water management, and we are excited to build a
more resilient future together.
Thank you,
Galla n Watershed Council
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
3
A achment A: Bozeman UDC Aqua c Resources Code Recommenda ons
1. Include a sec on at the beginning of Ar cle 6 Natural Resources that outlines the things
reviewers and applicants must do, and consider which apply to all the proceeding natural
resource divisions. Pull out and consolidate the details that are consistent across all divisions and
which should happen coincidentally. The term “natural resources” is encompassing and can be
expanded/restricted easily as the UDC changes over me and allows this recommended
preamble to be adaptable.
2. Adopt the term “Aqua c Resources” to be inclusive of three dis nct resources: watercourses,
wetlands, and agricultural water user facili es, each of which have exis ng defini ons provided
in Division 30.800 Terms and Interpreta on . The term “Aqua c Resources” should serve as a
consistent umbrella term in instances where these resources need to be referenced as a whole.
This term is already used throughout the UDC, so the recommenda on here is to explicitly
define it and apply it consistently.
3. Standardize an “Aqua c Resources Delinea on”, where “all ac vity permits must include a
property assessment for the presence of aqua c resources. If aqua c resources are not present,
a le er wri en by an aqua c resources professional must be submi ed to confirm that no
aqua c resources occur within the property. If aqua c resources are present, an aqua c
resources delinea on (watercourses, wetlands, and agricultural water user facili es) report must
be submi ed to the city for all projects.” It would be par cularly helpful to use a consistent term
for an “Aqua c Resources Delinea on” throughout Division 38.710 Submi al materials and
requirements . As wri en, the language used to describe the burden of proof required for
documen ng aqua c resources iden fica on and impacts is highly variable. This edit is
consistent with requirements outlined in Sec. 38.710.120 Submi al materials for proposed
ac vity in wetlands and Sec. 38.710.050 Documenta on of compliance with adopted standards .
4. Require an “Aqua c Resources Delinea on” in Sec. 38.710.030 Subdivision pre-applica on
submi al materials . This edit is consistent with requirements outlined in Sec. 38.710.120
Submi al materials for proposed ac vity in wetlands and Sec. 38.710.050 Documenta on of
compliance with adopted standards . This edit also supports the development of a “parks concept
plan”, which is a requirement of Sec. 38.710.030 Subdivision pre-applica on submi al materials ,
especially now that the newly adopted PRAT Plan allows for “watercourse setbacks, wetlands,
and other priority conserva on lands and similar acreage to contribute to dedica on
requirements in new developments.” A logical first step in the development process is to
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
4
determine site condi ons which significantly impact site layout and building constraints. The
desire is to ensure that applicants are guided down the correct regulatory pathway as early on in
the development process as possible, so as to avoid situa ons where protec ng aqua c
resources is at odds with a plan that is already far underway and which can result in difficult
nego a ons, conflict, costly changes, and unnecessary impacts.
5. Re-organize Sec. 38.710.050 Documenta on of compliance with adopted standards so that “1.
Surface water” is more inclusive of all aqua c resources and requires the submission of maps,
“Aqua c Resource Delinea on”, ac vity impact descrip ons, and permits.
6. Include an addi onal division tled Division 38.6XX Streambed and Bank Regula ons if only to
say “per 310 law, regulated by the Galla n Conserva on District.” This will help to have all
applicable natural resource regula ons outlined in one place.
7. Include an addi onal division tled Division 38.6XX Agricultural water user facili es if only to say
“contact the responsible ditch company.” This will help to have all applicable natural resource
regula ons outlined in one place.
8. Move Sec. 38.710.120 Submi al materials for proposed ac vity in wetlands to Division 38.610
Wetland Regula ons . This recommenda on is consistent with the organiza on of informa on for
Division 38.600 Floodplain Regula ons , and helps people find and understand applicable
informa on more easily. It also appears that sec ons included in Division 38.710. Submi al
Materials and Requirements are almost en rely geared to the subdivision process, whereas
aqua c resource impacts occur through many different development pathways. The review
process for impacts to aqua c resources is supposed to be triggered for all ac vity types, and it
would be easy to miss important review and submission requirements with Sec. 38.710.120
Submi al materials for proposed ac vity in wetlands located as it is now.
9. Specify the “review authority” for aqua c resources. Sec. 38.710.120 Submi al materials for
proposed ac vity in wetlands and Division 38.610 Wetland Regula ons refer to the “review
authority” per Division 38.700 Jurisdic on and Scope of Authority. This sec on men ons
floodplain regula ons, but not wetlands, watercourse setbacks, or any other aqua c resource.
Sec. 38.610.040 men ons a “wetlands review board,” but no “wetlands review board” exists.
Currently, the wetlands review process is contracted out to wetlands specialists, but this is not
made explicit in the UDC. As wri en, cri cal aqua c resources, besides floodplains, seem to have
no one watching them. It is recommended that the City con nue to contract aqua c resource
specialists, and/or the City hire 1-2 FTE staff to provide the necessary ecological capacity
in-house. It is also recommended that the City designate a standing, mandatory posi on on the
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
5
Community Development Ci zen Advisory Board for an individual with professional ecology
experience.
The Galla n Watershed Council guides collabora ve water stewardship
in the Galla n Valley for a healthy and produc ve landscape.
www.galla nwatershedcouncil.org
6
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
DIVISION 38.710 - SUBMITTAL MATERIALS AND REQUIREMENTS 2
Sec. 38.710.120. - Submittal materials for regulated activities in wetlands. 2
DIVISION 38.620. - WATERCOURSE SETBACKS 6
Sec. 38.620.010 - On or after July l0, 2002. 6
Sec. 38.620.030 - Other provisions. 11
DIVISION 38.610. - WETLAND REGULATIONS 15
Sec. 38.610.010. - Title and applicability. 15
Sec. 38.610.020. - Intent and purpose. 15
Sec. 38.610.030. - Application of wetland regulations. 16
Sec. 38.610.040. - Wetlands review board powers and duties. 17
Sec. 38.610.050. - Wetlands determinations. 17
Sec. 38.610.060. - Regulated activities. 18
Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas. 19
Sec. 38.610.080. - Review standards. 20
Sec. 38.610.090. - Wetland permit conditions. 21
Sec. 38.610.100. - Appeals. 22
Sec. 38.610.110. - Enforcement. 22
DIVISION 38.800. - TERMS AND INTERPRETATION 23
____________________________________________________________________________________
1
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
ARTICLE 7. - PERMITS, LEGISLATIVE ACTION AND PROCEDURES
DIVISION 38.710 - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.710.120. - Submi al materials for regulated ac vi es in wetlands aqua c resources .
A. All par es applying for ac vity permits proposing ac on affec ng federal, state or city regulated
wetlands, watercourses , agricultural water user facili es and/or buffer setback s within the city limits
must submit the following informa on:
1. All ac vity permits must include a property assessment for the presence of aqua c resources. If
aqua c resources are not present, a le er wri en by a wetland professional must be submi ed to
confirm that no aqua c resources occur within the property. If aqua c resources are present, A an
wetland and watercourse delinea on aqua c resources delinea on (watercourses rivers, streams
[ephemeral, intermi ent, perennial and scoured areas], ditches, borrow ditches , wetlands, and
agricultural water user facili es, see Sec on XX.XX.XX for full defini on) report must be submi ed
to the city for all projects , if aqua c resources are present . When required to determine
applicability and scope of wetland loca on and func on the delinea on shall go 50 feet beyond
the boundary of the property. If no aqua c resources are present, a le er must be submi ed to
the city sta ng that there are no water resources within the subject property.
a. This wetland and watercourse delinea on aqua c resources delinea on report must include,
but not be limited to, the following:
(1) Wetland and watercourse Aqua c resources descrip ons;
(2) A wetland F f unc onal assessment, as determined by a state-accepted func onal
assessment method, i.e., Montana Department of Transporta on (Berglund and
McEldowney 2008 as amended) or Montana Department of Environmental Quality
(Apfelbeck and Farris 2005 as amended);
(3) Wetland types, as determined by a state-accepted func onal assessment method (i.e.,
Cowardin et al 1979 as amended);
(4) Wetland acreages and square feet , channel bed acreages, and channel bed length (by a
licensed surveyor);
(5) Maps with property boundaries, wetland and watercourse aqua c resource names (e.g.,
ditch and stream names, wetland iden fica on number, etc.) boundaries and acreages;
and
(6) Wetland data forms (U.S. Army Corps of Engineers data forms).
2. If ac vi es are planned in and/or adjacent to aqua c resources the following informa on is
required:
____________________________________________________________________________________
2
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
a. A site plan which shows the property boundary; delineated wetland and watercourse aqua c
resource boundaries; buffer setback boundaries; and all exis ng and proposed structures,
roads, trails, and easements. The site plan will include a table of exis ng wetland func onal
ra ngs , square feet, and acreage s , and linear feet and square feet of all watercourses and
agricultural water user facili es, and all required buffer setback s and acreage, and linear feet
of all watercourses and ditches .
(1) All direct impacts to aqua c resources wetlands, watercourses, and buffer setback s must
be highlighted clearly iden fied using different colors or cross-hatching on the map and
in the legend and summarized in a table on the site plan. The aqua c water resource
and buffer setback summary table must include aqua c resource wetland/watercourse
iden fica on number; corresponding buffer setback width and acreage; total site,
aqua c resources wetland, watercourse, ditch , and buffer setback acreages; Federal US
Army Corps of Engineers (USACE) jurisdic onal status; impacts to all aqua c water
resources and buffer setback s; and, Federal and/or City mi ga on types and acreages.
(2) All indirect impacts (e.g., shading from boardwalks or public u lity well drawdow ) n)
must be summarized in the document. Many indirect impacts are simply not
assessable.
b. A map with all proposed Federal or City mi ga on areas and their required buffer setback s.
The map must include a table of mi ga on wetland type and acreage and required
buffer setback s and acreage and a descrip on of the func onal unit gain of the wetland
mi ga on (as determined by USACE a state -accepted func onal assessment method).
c. The source, type and method of transport and disposal of any fill material to be used, and
cer fica on that the placement of fill material will not violate any applicable state or federal
statutes and regula ons as listed in sec on 38.220.020.
d. Copies of the following:
(1) Any Clean Water Act (CWA) s S ec on 404 Permits, and DEQ 401 Cer ficates and DEQ
318 Permits; and 401 permits ;
(2) Any MT 301 310 or SPA 124 P p ermits;
(3) Any floodplain determina ons for the proposed site known to the applicant;
(4) Any other permit applica ons, state or federal, for wetlands , watercourses, and
agricultural water user facili es, permits regarding the proposed site;
(5) Any U.S. Army Corps of Engineers jurisdic onal determina ons regarding wetlands
aqua c resources on the proposed and adjacent site; and
(6) If relevant, any MT state joint applica ons for the proposed project site.
e. A completed City of Bozeman wetland (aqua c resources, e.g. streams, rivers, ditches,
wetlands, etc.) review checklist.
____________________________________________________________________________________
3
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
3. If in the prepara on or review of the required submi al materials it is determined that there are
unavoidable impacts to wetlands aqua c resources and/or watercourses that will require a
Federal Clean Water Act (404) permit, then the following informa on must be submi ed to the
city for all federal jurisdic onal and city-regulated wetlands ( see sec on 38.700.210 for defini on)
in a compensatory mi ga on report:
a. The descrip ve narra ve must include, at a minimum:
(1) The name and contact informa on of the applicant and landowner ; the name,
qualifica ons, and contact informa on for the primary author of the compensatory
mi ga on report; a descrip on of the proposal; summary of the direct and indirect
impacts and proposed mi ga on concept; iden fica on of all the local, state, and
federal wetland/stream-related permit required for the project; and, a vicinity map for
the project.
(2) A descrip on of the exis ng wetland, watercourse aqua c resources and buffer setback
areas that will be impacted including area based on professional surveys; dominant
vegeta on; and func onal assessments and wetland ra ngs for the en re aqua c
resource feature wetland and the por ons proposed to be impacted.
(3) An assessment of the poten al changes in wetland hydroperiod for the proposed
project and how the design has been modified to avoid, minimize or reduce impacts to
the wetland hydroperiod.
(4) A descrip on of the proposed conceptual mi ga on ac ons for wetland,
watercourse aqua c resources and buffer setback areas. Provide specifica ons (including
buffer setback s) for all proposed mi ga on for aqua c resource
wetland/watercourse / buffer setback impacts. Include a map with all proposed
mi ga on areas and their required buffer setback s.
(5) An assessment of exis ng condi ons in the zone of the proposed mi ga on including
vegeta on community structure and composi on, exis ng hydroperiod, exis ng soil
condi ons, and exis ng aqua c resource wetland func ons.
(6) Field data that was collected to document the exis ng condi ons of the proposed
mi ga on sites and on which the future hydrologic and soil condi ons of the mi ga on
aqua c resources wetlands are based (e.g., hydrologic condi ons: piezometer data,
staff/crest gage data, hydrologic modeling, visual observa ons; soil condi ons: data
from hand-dug or mechanical soil pits or boring results). The applicant may not rely on
soil survey data for establishing exis ng condi ons.
(7) A plan ng schedule by proposed community type and hydrologic regime, size and type
of plant material to be installed, spacing of plants, "typical" clustering pa erns, total
number of each species by community type, ming of installa on, nutrient
requirements, watering schedule, weed control, and where appropriate measures to
protect plants from destruc on (e.g., animal herbivory) . Na ve species must comprise
80 percent of the plants installed or seeded within the mi ga on site.
____________________________________________________________________________________
4
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
(8) The mi ga on monitoring plan must include a period of not less than three years, and
establish the responsibility for long-term removal of invasive vegeta on (e.g., weed
management plan) .
(9) Aqua c resource Wetland mi ga on performance criteria (measurable standards
reflec ve of expected development goals established for each year a er the mi ga on
site is established, i.e., "At the end of three years there will be an 80 percent survival of
the planted shrubs and trees.") for mi ga on aqua c resources wetlands and
buffer setback s, a monitoring schedule, repor ng requirements to the city, and
maintenance schedule and ac ons for each year of monitoring.
(10) Con ngency plans which clearly define d course of ac on or correc ve measures
needed if performance criteria are not met.
b. The scaled plan sheets for the compensatory mi ga on must contain, at a minimum:
(1) Exis ng aqua c resources wetland and buffer setback surveyed edges; proposed areas of
aqua c resources wetland and buffer setback impacts; and, loca on of proposed aqua c
resources wetland and buffer setback compensa on ac on.
(2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed
compensa on ac ons if any grading ac vity is proposed in the compensa on area.
Provide exis ng and proposed mi ga on design cross sec on s for the aqua c
resources wetland and/or buffer setback compensa on areas.
(3) Required aqua c resources wetland buffer setback s for exis ng aqua c resources
wetlands , channels and proposed mi ga on areas;
c. A discussion of ongoing management prac ces that will protect and maintain the non
impacted and mi ga on aqua c resources wetland, watercourse and buffer setback areas in
perpetuity.
____________________________________________________________________________________
5
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
ARTICLE 6. - NATURAL RESOURCE PROTECTION
DIVISION 38.620. - WATERCOURSE AND WETLAND SETBACKS
Where a development is crossed by or is adjacent to a watercourse or wetland , the developer must
mi gate the impacts of the development on the watercourse and wetland . This mi ga on may not be
less restric ve than the requirements of the city floodplain regula ons or any other applicable regula on
of this chapter. The purpose of this mi ga on is bank stabiliza on; sediment, nutrient and pollu on
removal; and flood control.
Sec. 38.620.010 - On or a er July l0, 2002.
These provisions apply to all developments granted preliminary plat or plan approval on or a er July 10,
2002:
A. In the event a site with an exis ng development, that is subject to subsec on 1 of this sec on, is
submi ed to the city for a review subject to divisions 38.230, 430 and 270 of this chapter a er July
10, 2002, the proposed development must comply with this subsec on 2 to the extent reasonably
feasible given the exis ng site condi ons. The final approval body for the proposed development
must determine the extent that is reasonably feasible, subject to any appeal provisions that may
apply. Such administra ve relief must not reduce setbacks below those provided for in subsec on 1
of this sec on.
B. In addi on to any relaxa on of watercourse or wetland setbacks provided by Subsec on 2.a of this
sec on, nothing in this sec on prohibits an owner of affected property from:
1. Applying for a variance to dimensional standards of the watercourse or wetland setbacks as
allowed by and subject to the requirements of division 38.250 of this chapter;
2. When applicable, seeking a devia on to dimensional standards of the watercourse or wetland
setback as allowed by and subject to the requirements of divisions 38.340 or 430 of this chapter;
3. Combining two or more lots to assemble a larger and more usable parcel;
4. Pe oning the state department of fish, wildlife and parks and the county water conserva on
district to seek the reclassifica on of the relevant watercourse as an irriga on facility not subject
to the requirements of this sec on;
5. A er receipt of required permits, reloca ng the watercourse or wetland ; or
6. Pursuing any other lawful means of relief from the effects of this sec on.
C. Setback s Guidelines .
1. East Galla n River. A minimum 100-foot setback must be provided along both sides of the East
Galla n River. ¶
____________________________________________________________________________________
6
A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
2. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be provided
along both sides of Sourdough/Bozeman and Bridger Creeks. ¶
3. Other watercourses. A minimum 50-foot setback must be provided along both sides of all other
watercourses. ¶
4. ALL REQUIRED WATERCOURSE SETBACKS MUST BE EXTENDED AS NECESSARY TO ADDRESS THESE
ADDITIONAL REQUIREMENTS.
1. If no wetland fringe occurs along the edge of a watercourse channel, setbacks shall be measured
from the ordinary highwater mark of the channel. All watercourse setbacks must be measured
from the ordinary high water mark as defined in sec on 38.700.090. When no ordinary high
water mark is discernible, setbacks must be measured from the top of the stream bank.
2. When wetland fringe occurs along the edge of a channelbed, the setback shall be measured
from the outer edge of that wetland fringe.
3. Setbacks shall be applied to all Federally-regulated wetlands and channels.
4. Setbacks apply to perennial channels, intermi ent channels, and natural perennial/intermi ent
channels that receive augmenta on from irriga on ditches.
5. Setbacks shall not be required along agricultural water user facili es true ditches that flow only
during the irriga on season. See Sec on XXXX for more informa on about agricultural water
user facili es.
6. Setbacks shall not be required along roadside borrow ditches that do not convey perennial or
intermi ent flows.
7. Setbacks shall be applied to all channels that are regulated by the Galla n County Conserva on
District.
8. Isolated wetlands that are not Federally-regulated, i.e. are jurisdic onal and require a Sec on
404 Permit to impact, shall be regulated by the City of Bozeman (“City-regulated”) and a setback
of a minimum 25 feet shall be applied along the ordinary high water mark of a channel if no
wetlands occur along the channel, or if wetlands are present shall be measured from the outer
edge of the wetland. “Isolated” wetland do not surface-connect to a Federally-regulated
channelbed or its wetland fringe , or other USACE-regulated (jurisdic onal) aqua c features.
D. Setbacks Widths. Unless otherwise specified in subsec on xx of this sec on, the following setback
requirements must be met:
1. East Galla n River. A minimum 100-foot setback must be provided along the ordinary highwater
mark, and along the outer edge of wetlands. both sides of the East Galla n River.
2. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be provided
along the Sourdough/Bozeman Creek and Bridger Creek ordinary highwater mark or outer edge
of wetland. both sides of Sourdough/Bozeman and Bridger Creeks.
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3. Other watercourses. A minimum 50-foot setback must be provided along the ordinary highwater
mark of all other perennial and intermi ent creeks or outer edge of wetland. both sides of all
other watercourses .
4. Wetlands Connected to Channel Bed Wetland Fringe. A minimum 50-foot setback must be
provided along the perimeter of a wetland connected to wetland fringe along a perennial or
intermi ent watercourse ordinary high water mark; “connected” wetlands are
Federally-regulated wetlands. (Note: In the event Federal regula ons change and no longer
consider “connected” wetlands jurisdic onal, i.e. require a Sec on 404 Permit to impact, the City
of Bozeman will con nue to require a 50-foot setback along these wetlands and would classify as
“City-regulated” aqua c features.)
5. (a) The setback must extend to the edge of any delineated 100-year floodplain if the floodplain is
larger than the setbacks established in this subsec on 2.c and d ;
(b)The setback must include immediately adjacent wetlands (i.e., fringe). THE BUFFER SETBACK
WIDTH MUST BE EXTENDED BY THE WIDTH OF THE WETLAND;
6. (c) Areas with a slope greater than 33 percent do not count towards the width of the setback;
and
(d) The setback must include Federal (US Army Corps of Engineers) jurisdic onal connected
wetlands. The buffer setback width must be extended by a minimum of 50 feet beyond the
perimeter of the connected wetlands. ¶
(5) All watercourse setbacks must be measured from the ordinary high water mark as defined in
sec on 38.700.090. When no ordinary high water mark is discernible, setbacks must be
measured from the top of the stream bank.
7. D . No newly constructed residen al or commercial structure, addi on to an exis ng structure,
fence (upon approval by Aqua c Resources Review Authority City Design Reviewers or Planners
or Aqua c Resource Subconsultants , some fences may be used to protect setbacks, watercourses
or wetlands from encroachment) , deck, fill material (other than that required for exempt uses),
parking lot or other impervious surfaces (impervious pavers are not allowed in setback) , or other
similar improvements may be located within required watercourse or wetland setbacks, unless
approved through, and in conformance with, a variance or devia on process as authorized in
this chapter.
E. Setbacks Zones. Excep ons. The For all scenarios defined above in subsec ons 2.c and 2.d ,
watercourse setback s are is divided into two zones : .
Zone 1 consists of the 60 percent of the setback closest to the watercourse, and ;
Zone 2 consists of the 40 percent of the setback furthest from the watercourse.
1. On-site stormwater treatment facili es may be located in Zone 2.
2. Trails and trail-related improvements may be placed within the required watercourse or wetland
setback subject to the following provisions:
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a. Trails, and trail-related improvements such as benches and trail signage, may be placed in
Zone 2;
b. Limited, non-looping developed spur trails to the water's edge may cross all zones. Benches
and limited informa onal/interpre ve signage may be placed in Zone 1 at the terminus of
spur trails;
c. Due to topography, avoidance of aqua c resources wetlands , or other geographical
constraints, por ons of non-spur trails may need to be placed within Zone 1. Trail
construc on within Zone 1 is allowed at , inclusive of watercourse crossings and spur trails ,
and in instances of topographic or geologic constraints. per each side of the watercourse ,
may not exceed the length of 300 percent of the width of the applicable watercourse
setback per 500 lineal feet of watercourse;
d. All trails must be constructed to minimize bank instability, sedimenta on, nutrient and
pollu on runoff. Trails must be aligned to minimize damage to plant and wildlife habitat; and
e. Trails crossing the watercourse and trail-related bridge structures may be located within all
zones provided that the appropriate local, state and federal permits are obtained.
3. Streets, sidewalks, u lity lines or similar public construc on may be permi ed within all zones
for the purpose of crossing a watercourse or wetland or protec ng public health and safety. The
following prac ces must be observed:
a. Crossings must be minimized to the greatest extent feasible;
b. Crossings with direct angles (90 degrees) must be used to the greatest extent feasible
instead of oblique crossing angles;
c. Construc on must be capable of withstanding 100-year flood events;
d. The subdivision grading and drainage plan must be designed to prevent the discharge of
untreated stormwater into a watercourse or wetland ; and
e. A bank stabiliza on plan for all public construc on watercourse or wetland crossings must
be prepared and approved by the city prior to site prepara on and installa on of the
improvement.
4. Outlets from stormwater treatment facili es may pass through all zones in order to discharge to
the receiving watercourse or wetland , provided that all required permits are obtained.
5. Control of noxious weeds is required and ac vi es required within limits outlined in any
approved noxious weed control plan may occur in all zones.
F. Setback plan ng. A setback plan ng plan must be prepared by a qualified landscape professional or
revegeta on specialist , and must be reviewed and approved by the community development
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department prior to the commencement of development or site prepara on. The plan must include
a schedule, and plan ngs must be depicted on the plan as follows:
1. Zone 1:
a. Zone 1 must be planted with new or exis ng na ve materials that are 100 percent na ve to
the Galla n Valley and suited for a riparian area based on the following calcula ons. One
hundred percent of the disturbed areas of Zone 1 must be planted with a ground cover of
na ve riparian sedges, forbs and grasses that are 100 percent na ve and/or naturalized to
the Galla n Valley (some “naturalized” species are discouraged, such as crested wheat
grass). suited for the area.
b. In addi on, a A minimum of one shrub for every ten linear feet and one tree for every 30
linear feet of the watercourse is required along each side of the watercourse . Grouping or
clumping of trees and shrubs as appropriate in a riparian area is encouraged. Species that
are appropriate to the soil hydrologic condi ons (wetness of soil and depth to the water
table) must be used. Tree and shrub species selected must be suitable for the climate and for
plan ng in a riparian area with an emphasis on species na ve to the Galla n Valley. na ve
species. The Natural Resources Conserva on Service (NRCS), the state na ve plant society
and the county local water quality district (LWQD) are good sources of landscaping materials
and/or landscaping informa on.
c. Removal of invasive species, such as Russian olive, is encouraged.
2. Zone 2: Disturbed areas of Zone 2 must be planted with new or exis ng na ve grasses suited for
the area. ).
a. Zone 2 must be planted with new or exis ng materials that are 100 percent na ve to the
Galla n Valley and suited for a riparian area based on the following calcula ons.
3. Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that
irriga on is present for the trees and shrubs, and fencing is provided for the trees and shrubs,
the number of required trees may be reduced to one tree for every 60 linear feet and one shrub
for every 20 linear feet of the watercourse along each side of the watercourse.
a. An irriga on plan must be developed
b. A weed management plan must be developed
4. Plan ng materials are exempt from the size requirements of sec on 38.550.050.G.3.
5. To prevent soil erosion and the invasion of noxious weeds, the aqua c resource watercourse
and wetland setbacks on all land proposed for development must be covered with exis ng
vegeta on or must be seeded with na ve or valley-naturalized grass species grasses as soon as
seasonally feasible or prior to commencement of any site development or site prepara on work.
6. Na ve must mean those plants which are na ve to the Galla n Valley or intermountain
ecoregion .
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7. Use na ve or Galla n Valley-naturalized grasses, forbs, sedges and other herbaceous plants in
areas of disturbance (e.g., bridges, culverts, u li es installa on, trails) within the aqua c
resource watercourse setback. Na ve woody plan ngs are required in all zones in both disturbed
and undisturbed areas.
G. Except as otherwise allowed in subsec ons 2.e and f of this sec on, no disturbance of soils and
exis ng vegeta on shall occur in any zones.
Sec. 38.620.030 - Other provisions.
A. The watercourse and wetland setback s must be depicted on all preliminary and final plats and plans.
B. These provisions do not apply to agricultural uses, including lands controlled in the conserva on
reserve program (CRP), and ac vi es and structures that existed prior to the effec ve date of the
ordinance from which this sec on is derived. Any agricultural uses, ac vi es or structures
established a er the effec ve date of the ordinance from which this sec on is derived must comply
with these regula ons. An agricultural use, ac vity or structure is considered abandoned if not used
for agricultural purposes for more than180 consecu ve days.
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DIVISION 38.610. - WETLAND REGULATIONS
Sec. 38.610.010. - Title and applicability.
These regula ons are known as the city wetland regula ons and may be cited as the wetlands
regula ons.
These wetland regula ons govern areas in compliance with the 1987 U.S. Army Corps of Engineers
Wetland Delinea on Manual of the U.S. (1987 Corps Manual), and or the most current supplement
wetland delinea on manual sanc oned by the Army Corps of Engineers (ACOE)-Omaha District (as of the
most recent revision of these regula ons: Regional Supplement to the Corps of Engineers Wetland
Delinea on Manual: Western Mountains, Valleys, and Coast Regions, Version 2, May 2010).
. This manual provides specific guidelines and methods to iden fy whether an area is a wetland and to
determine the boundary between wetlands and uplands (non-wetland areas) . The city's wetland
regula ons will pertain to wetlands with a direct hydrologic connec on to "waters of the U.S." (those
wetlands that connect to a federally-regulated stream or river directly or via a series or watercourse,
wetlands or ditches), and also to isolated wetlands with no direct connec on to a water of the U.S. and
exhibit posi ve wetland indicators for all three wetland parameters under ideal condi ons; there are
circumstances where not all parameters are met but the area classifies as a wetland (e.g. an agricultural
wetland may exhibit posi ve hydric soil and hydrologic indicators, but not hydrophy c vegeta on) . The
provisions contained in these regula ons do not apply to wetlands created by a wholly manmade water
source used for irriga on purposes (and do not convey groundwater or a perennial stream flow) or
stormwater control.
Sec. 38.610.020. - Intent and purpose.
A. Wetlands perform many important ecological func ons. It is the intent and purpose of this division
38.610 to protect, preserve and enhance wetlands to provide:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for waste , sediment, nutrients, etc. );
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents. It is the
intent of this division 38.610 to protect, preserve and enhance wetlands to provide:
1. Habitat for fish, wildlife and plants (including endangered and threatened);
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A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
2. Recrea on;
3. Open space;
4. Visual and aesthe c;
5. Educa on and research; and
6. Historical, cultural and archaeological resources.
C. Wetlands can present significant constraints to development. Wetlands typically form in areas
characterized by poor drainage condi ons which are ill-suited for most types of development.
Development in these areas o en involves extra expense resul ng from considera ons for site
drainage, flood protec on and facility maintenance. In addi on, wetlands are characterized by
hydric soils that are unstable for most types of development. Hydric soils tend to compress under
the weight of structures and decompose when drained. Therefore, costs of development may be
greater due to complex engineering design requirements, or the need to excavate and replace the
soils. It is the intent of these regula ons to protect public and private facili es and structures from
damage, and to minimize public and private development and maintenance costs.
D. It is not the intent of this division 38.610 to prohibit all ac vi es within City- regulated and
Federa l ly-regulated (jurisdic onal) areas and associated buffer setback s, but rather to conduct due
diligence to demonstrate avoidance and minimiza on of ac vi es encourage the avoidance of
ac vi es within wetlands regulated ac vi es within the regulated areas and to require best
management prac ces in regulated areas .
E. Nothing in this division 38.610 will be construed to prevent irriga on companies from diver ng and
carrying water under historic water rights or owners of such rights from exercising those historic
rights.
F. Nothing in this division 38.610 will be construed to prevent compliance with applicable state ,
county, or federal statutes and regula ons.
Sec. 38.610.030. - Applica on of wetland regula ons.
A. All ac vity permits must include a property assessment for the presence of wetlands. If wetlands are
not present, a le er wri en by a wetland professional must be submi ed to confirm that no
wetlands occur within the property. If wetlands are present, T t hese regula ons apply to any
regulated ac vity which may impact wetlands as defined in sec on 38.700 known prior to or
discovered through the development review process, and verified through a site-specific wetlands
delinea on boundary determina on . When any regulated ac vity is proposed , a wetlands boundary
determina on must be conducted. If the determina on finds that there are no wetlands present on
the subject tract property , these regula ons do not apply , and a le er wri en by a wetland
professional must be submi ed to confirm that no wetlands occur within the property . If, however,
wetlands are found on the subject tract the proposal is subject to these regula ons. The provisions
of this division 38.610 will be applied in addi on to any other applicable regula ons of this chapter.
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1. The wetlands aqua c resource boundary determina on must be prepared in accordance with
the 1987 U.S. Army Corps of Engineers Wetland Delinea on Manual of the U.S. (1987 Corps
Manual), and or the most current wetland delinea on manual sanc oned by the Army Corps of
Engineers (ACOE)-Omaha District by a qualified wetland professional (as of the most recent
revision of these regula ons: Regional Supplement to the Corps of Engineers Wetland
Delinea on Manual: Western Mountains, Valleys, and Coast Regions, Version 2, May 2010). .
2. A qualified wetland professional is an individual with a minimum of a bachelor’s degree in a
water resource related field, five years’ experience of wetland delinea on experience , and/or a
professional wetland scien st cer fica on.
B. Isolated W w etlands determined federally non-jurisdic onal (do not require a Sec on 404 Permit but
may require cer ficates or permits administered by Department of Environmental Quality or the
Conserva on District) with a size of less than 400 square feet, regardless of property boundaries, are
exempt from this division 38.610 unless the wetland provides habitat for the following species:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United States
Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a species of concern, species of poten al concern,
or species on review by the state department of fish, wildlife and parks and the state natural
heritage program.
C. Any development for which the aqua c resource watercourse setback requirements of sec on
38.410.100 are provided is considered to have addressed the concerns of this division 38.610 and is
exempt from this ar cle.
D. This division 38.610 is not intended to repeal, abrogate, supersede or impair any exis ng federal,
state, or local law, easement, covenant or deed restric on. However, if this division imposes greater
or more stringent restric ons, the provisions of this division must prevail. Specifically, if a n regulated
ac vity pursuant to this division also requires authoriza on under sec on 404 of the Clean Water
Act from the U.S. Army Corps of Engineers, the applicant must meet any greater or more stringent
restric ons set forth in this division in addi on to and independent of the restric ons of such permit.
Sec. 38.610.040. - Wetlands review board powers and du es.
A. If established, the WRB has the powers and du es established in 2.05.2900.
Sec. 38.610.050. - Wetlands determina ons.
A. Wetland boundary determina ons must be performed in accordance with the procedures specified
in the Federal Manual for Iden fying and Delinea ng Jurisdic onal Wetlands (January 1987) and the
most current delinea on supplement (as of the most recent revision of these regula ons: Regional
Supplement to the Corps of Engineers Wetland Delinea on Manual: Western Mountains, Valleys,
and Coast Regions, Version 2, May 2010).
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B. An electronic and printed document containing a summary delinea on report comprised of, but not
limited to:
1. A map of wetland aqua c resource s boundaries , determina on , The se data must be reported in
UTM Zone 12 coordinates and NAD83 datum with datum noted .
2. T otal wetland area (acreage and square feet ) and watercourse area within the ordinary
highwater mark (linear feet and square feet), and raw s urvey data (if applicable) must be
provided per part 1 of division 38.220.
3. Func onal Assessment;
4. USACE wetland determina on forms;
5. Photographs; and,
6. Relevant NRCS and wetland inventory data.
Sec. 38.610.060. - Regulated ac vi es.
A. No person may conduct any of the following regulated ac vi es within a wetland, as described in
38.610.030, without first having the proposed ac vity approved by the review authorit y ies . Any
ac vity which reduces the size of a wetland or reduces the degree to which a wetland performs any
func on is subject to the requirements of this division 38.610. Such ac vi es include but are not
limited to:
1. Placement of any material, including without limita on any soil, sand, gravel, mineral, aggregate,
organic material or water , pavers, wetland or lawn sod, channel cobbles or gravels ;
2. Construc on, installa on or placement of any obstruc on or the erec on of a building, trail,
boardwalk or other structure;
3. Removal, excava on or dredging of solid material of any kind, including without limita on any
soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any exis ng vegeta on or any ac vity which will cause any loss of vegeta on in a
wetland (e.g. shading by boardwalks, excava on, scraping) ;
5. Altera on of the water level or water table by any means, including without limita on draining,
ditching, trenching, impounding or pumping; and
6. Disturbance of exis ng surface drainage characteris cs, sedimenta on pa erns, flow pa erns,
or flood reten on characteris cs by any means, including without limita on grading and
altera on of exis ng topography.
B. The following ac vi es are permissible in a wetland, without prior approval by the review authority
(USACE, CD, DEQ, etc.) , if such ac vity does not reduce the size of a wetland or significantly reduce
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the degree to which a wetland performs any func on. Such ac vity must be in compliance with any
other applicable state or federal law. Ac vi es permissible without prior approval include:
1. Maintenance of an exis ng and lawful public or private road, structure or facility, including but
not limited to drainage facili es, water conveyance structures, dams, fences or trails, or any
facility used to provide transporta on, electric, gas, water, telephone, telecommunica ons or
other services provided that these ac vi es do not materially change or enlarge any road,
structure or facility;
2. Maintenance of an exis ng farm or stock pond, agricultural water user facility water conveyance
structure , agricultural fence or drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegeta on Plan approved by
the county weed control district;
4. Con nua on of exis ng agricultural prac ces such as the cul va on and harves ng of hay or
pasturing of livestock, or change of agricultural prac ces which has no greater impact on
wetland func on;
5. Conserva on or preserva on of soil, water, vegeta on, fish and other wildlife;
6. Outdoor recrea onal ac vi es, such as fishing, bird watching, hiking, ra ing and swimming
which do not harm or disturb the wetland aqua c resource ;
7. The harves ng of wild crops;
8. Educa on and scien fic research that does not involve impacts to aqua c resources ;
9. Minor improvements and landscape maintenance outside a wetland but within a previously
established wetland buffer setback , including but not limited to the pruning of trees, mowing of
grass in Zone 2 (mowing in Zone 1 is prohibited) , and removal of dead vegeta on and debris; and
10. Ac vi es in a wetland previously approved pursuant a wetland permit, including but not limited
to removal of debris and maintenance of vegeta on and wildlife habitat.
11. Removal of non-garbage debris is prohibited from watercourses and require requires a MT310
Permit (e.g. to remove downed trees). Garbage debris may be removed if the channelbed is not
disturbed (e.g. irriga on tarp, bo les, paper)
Sec. 38.610.070. - Applica on requirements and procedures for ac vi es in wetland areas.
A. Review. All proposals for regulated ac vi es in wetlands areas must be reviewed by the review
authorit ies y . The applicant must prepare a func onal assessment for all wetlands. Based on the
func onal assessment and other submi al materials, the review authority may request the City of
Bozeman Aqua c Resource Subconsultant (or Wetland Review Board, if ac ve) WRB, if established,
forward a recommenda on of approval, condi onal approval or denial to the review authority.
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B. Decision. All proposals for regulated ac vi es in in regulated wetland areas must be reviewed and
approved, condi onally approved, or denied by the review authority in accordance with ar cles 240,
230 and 430 of this chapter prior to commencement of the regulated ac vity.
1. If a n regulated ac vity is proposed for a regulated wetland area, but the regulated ac vity is not
proposed in conjunc on with a land development proposal, the applicant must submit a sketch
plan applica on for decision by the review authority.
C. Submi al materials. The informa on required in 38.220.130 must be submi ed for all regulated
ac vi es proposed for regulated wetland areas.
D. No cing. The review of regulated ac vi es proposed for regulated wetland areas must comply with
the no cing requirements of division 38.220 of this chapter.
Sec. 38.610.080. - Review standards.
A. The review authority may approve, condi onally approve or deny a regulated ac vity in a regulated
wetland if:
1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the
ac vity will result in minimal impact or impairment to any wetland func on and the ac vity will
not result in an adverse modifica on of habitats for, or jeopardize the con nued existence of, the
following:
a. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
b. Plant, animal or other wildlife species listed as a species of concern, species of poten al
concern, or species on review by the state department of fish, wildlife and parks and the
state natural heritage program; or
3. The applicant has demonstrated that the project is in the public interest, having considered and
documented:
a. The extent of the public need for the proposed regulated ac vity;
b. The func ons and values as determined by a USACE state accepted method of func onal
assessment of the wetland that may be affected by the proposed regulated ac vity;
c. The extent and permanence of the adverse effects of the regulated ac vity on the wetland
and any associated watercourse;
d. The cumula ve adverse effects of past ac vi es on the wetland; and
e. The uniqueness or scarcity of the wetland that may be affected.
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Sec. 38.610.090. - Wetland permit condi ons.
A. The review authority may recommend condi ons of approval for proposed regulated ac vi es, and
the city may condi onally approve proposed regulated ac vi es, subject to the following condi ons:
1. Requiring the provision of a wetland buffer setback of a size appropriate for the par cular
proposed ac vity and the par cular regulated wetland area;
2. Requiring that structures be appropriately supported and elevated and otherwise protected
against natural hazards;
3. Modifying waste disposal and water supply facili es;
4. Requiring deed restric ons or covenants regarding the future use and subdivision of lands,
including but not limited to the preserva on of undeveloped areas as open space and
restric ons on vegeta on removal;
5. Restric ng the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
7. Clustering structures or development;
8. Restric ng fill, deposit of soil and other ac vi es which may be detrimental to a wetland or
watercourse ;
9. Modifying the project design to ensure con nued water supply to the regulated wetland; and
10. Requiring or restric ng maintenance of a regulated wetland area for the purpose of maintaining
wetland func ons.
11. Requiring a yearly mi ga on monitoring report to be submi ed to the review authority on a
yearly basis, with the due date to be determined on a case-by-case basis.
12. Requiring a deed restric on to be filed with the county clerk sta ng the measures that will be
taken to protect all water aqua c resources (wetlands and watercourse(s)) , mi ga on, and
buffer setback areas in perpetuity.
13. Requiring that all reasonable effort has been made to limit indirect impacts to vegeta on, faunal
interspersion and connec vity, and hydrological connec vity in the site design (e.g., any
structures, boardwalks, viewing pla orms, or bridges, which are constructed within wetlands will
have at least a two-foot space between the bo om chord of the structure and the wetland
surface eleva on to limit shading impacts and allow wetland vegeta on to persist).
14. Requiring condi ons that mi gate City locally -regulated ( i.e. determined nonjurisdic onal by the
U.S. Army Corps of Engineers) wetlands not connected to a water of the U.S.) infringement upon
watercourses, buffer setback s, or nega ve indirect or direct effects on the func onality of
wetlands, watercourses or buffer setback s.
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Sec. 38.610.100. - Appeals.
Depending upon the applica on procedure involved, decisions related to the approval or denial of
regulated ac vi es proposed for regulated wetland areas may be appealed in accordance with the
provisions of division 38.250 of this chapter.
Sec. 38.610.110. - Enforcement.
This division 38.610 will be enforced in accordance with the provisions contained in division 38.200 of
this chapter.
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ARTICLE 8. - DEFINITIONS
DIVISION 38.800. - TERMS AND INTERPRETATION
Agricultural Water User Facility. Those facili es, which include but are not limited to ditches, pipes, and
other water-conveying facili es, which provide water for irriga on and stock watering on agricultural
lands, with said lands being defined in MCA 15-7-202.
Aqua c Resources. Inclusive of wetlands, watercourses, and agricultural water user facili es.
Aqua c Resources Professional. An individual with a minimum of a bachelor’s degree in a water
resource related field, five years’ experience of wetland delinea on experience, and/or a professional
wetland scien st cer fica on.
Wetland. Those areas that are inundated or saturated by surface water or groundwater at a frequency
and dura on sufficient to support, and that under normal circumstances do support, a prevalence of
vegeta on typically adapted for life in saturated soil condi ons, and meet the established criteria briefly
described below:
1. Vegeta on. A prevalence of hydrophy c vegeta on. Hydrophy c species, due to
morphological,physiological, and/or reproduc ve adapta on, have the ability to grow, effec vely
compete, reproduce, and/or persist in anaerobic soil condi ons.
2. Soils. A hydric soil is a soil that formed under condi ons of satura on, flooding, or ponding long
enough during the growing season to develop anaerobic condi ons in the upper part.
3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated to
the surface at some me during the growing season of the prevalent vegeta on at a dura on
sufficient to induce anaerobic and reducing condi ons.
Watercourse. Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of
the water is naturally occurring, such as runoff or springs, and which flows either con nuously or
intermi ently and has a definite channel, bed and banks, and includes any area adjacent thereto subject
to inunda on by reason of overflow. In the event of a braided or other mul ple channel configura on of
a watercourse, the area of the watercourse is that area lying between the two outermost high-water
marks, as defined in this chapter. The term "watercourse" does not mean any facility created exclusively
for the conveyance of irriga on water or stormwater. The city may consult with other agencies with
exper se in this ma er when there is a ques on of whether a par cular water body is a watercourse.
Watercourse and Wetland Setback.
ADD OTHERS?:
Connected Wetland ELIMINATE THIS TERM?
Federal Non jurisdic onal Wetlands and Watercourse
Aqua c Resources
Federal Jurisdic onal Wetlands and Watercourses
City-Regulated Wetlands and Watercourses
Watercourse Setback
Wetland Setback
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A achment B: City of Bozeman Wetland and Watercourse Aqua c Resources Regula ons Suggested Edits July 2023
BUFFER SETBACK - Recmomend elimina ng the term Buffer
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