HomeMy WebLinkAbout10-12-23 Public Comment - L. McLane - Public Comment UDC Aquatic Resources Regulations Suggested EditsFrom:Lilly McLane
To:Agenda
Subject:[EXTERNAL]Public Comment UDC Aquatic Resources Regulations Suggested Edits
Date:Tuesday, October 10, 2023 3:54:34 PM
Attachments:UDC Update Recommendations 10_10_2023 Sustainability Board.pdf
Attachment B City of Bozeman Aquatic Resources Regulations Suggested Edits 10_10_2023.pdf
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Dear City of Bozeman Sustainability Board,
Please see the attached comment pertaining to this week's agenda item: Sustainability BoardReview and Recommendation Regarding Specific Elements of the Repeal and Replacement of
the Unified Development Code to the Community Development Board and City Commission,Application 21381. We appreciate all of the time and dedication that has gone into updating
the UDC to most effectively communicate and execute the intent of the code.
Thank you for your consideration,The Gallatin Watershed Council
--
Lilly McLane, Watershed Restoration DirectorGallatin Watershed Council
http://gallatinwatershedcouncil.org Cell: 410.371.8221
To:Sustainability Citizen Advisory Board
From:The Gallatin Watershed Council
Re:Bozeman UDC Update,Aquatic Resources
Date:October 10,2023
Dear Sustainability Citizen Advisory Board,
The Gallatin Watershed Council (GWC),with the help of several technical experts,has reviewed sections
of Bozeman's draft Unified Development Code (UDC)that regulate aquatic resources impacts,including
wetlands,watercourses,and agricultural water user facilities.The following recommendations attempt
to clarify existing code,and do not include substantive changes.The primary challenge facing aquatic
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 aquatic resources review
processes and design standards more straightforward,so that contextually appropriate land stewardship
is incentivized from the start of the development process.Our intent is to help both developers and
reviewers better understand,follow,and implement the code by:1)organizing existing information so
that users can access relevant information easily,2)ensuring information is consistent throughout the
UDC document,and 3)clarifying language to more effectively execute the intent of the code.
First we will outline how we arrived at these recommendations,including who we have worked with and
why we feel these recommendations are necessary.We will then draw a connection to the wetland code
update process.This comment letter is followed by two attachments:A)a list of general
recommendations,and B)a draft of proposed in-line-edits.All of these recommendations are intended
to initiate a conversation and do not necessarily represent a final version -we anticipate developing
these recommendations further over the next month,ahead of the City Commission final adoption.
Many different stakeholders have been influential in developing the following general recommendations
and in-line edits to the UDC.GWC facilitates the Gallatin Water Collaborative,a group of over 30
stakeholders from the Valley that are working together to protect,to enhance and restore water
resources in the Gallatin 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 multiple
departments,conservationists,and agricultural irrigators.While these comments are submitted by GWC,
they represent the collective experiences,and the shared goals and priorities of many.Time and again
we have experienced first hand and heard from others 1)that aquatic resources are often one of the last
things considered in the design process,making protecting them at odds with a plan already far
underway,resulting in difficult negotiations,conflict,costly changes,and unnecessary impacts,and 2)
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
1
that in several places in the code,the regulatory language designed to protect natural resources is
confusing for all involved,despite best intentions.
In particular,two individuals have guided our recommendations: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 sections 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.Aquatic resource stewardship can be perceived as being at odds
with affordable housing.On the contrary,thoughtfully 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 ultimately 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 Gallatin
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 Reclamation Facility and
stormwater facilities.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”section of the wetland regulations,including
“flood control and storage”and “nutrient removal from urban runoff.”Pollution and flooding are
problems that are much less expensive to avoid than to mitigate and restore.The affordable housing
conversation 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 participating in the wetland code update process.While we will be advocating for the
following recommendations in that process as well,it is our understanding that the impetus for this
discussion was the ruling on the Sackett v.EPA case,and the loss of federal protection for many of our
wetlands,therefore it is likely to primarily focus on wetland mitigation.This is a big and challenging nut
to crack in and of itself.The recommendations included here fall within the intended scope of the UDC
update process,and focus on tightening up the existing code to capitalize on avoidance and minimization
of impacts,before having to resort to mitigation -the less ideal and more challenging option of the
three.It is also our understanding that the timeline for the wetland code update is incredibly tight,with
very limited time for the public to review draft language,therefore we have put in as much work ahead
of time as possible.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
2
As the City of Bozeman undergoes several planning processes,we are encouraged by the City’s hard,and
thoughtful 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
growing city in Montana.Bozeman residents clearly value opportunities 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,
Gallatin Watershed Council
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
3
Attachment A:Bozeman UDC Aquatic Resources Code Recommendations
1.Include a section at the beginning of Article 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 time and allows this recommended
preamble to be adaptable.
2.Adopt the term “Aquatic Resources”to be inclusive of three distinct resources:watercourses,
wetlands,and agricultural water user facilities,each of which have existing definitions provided
in Division 30.800 Terms and Interpretation.The term “Aquatic 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 recommendation here is to explicitly
define it and apply it consistently.
3.Standardize an “Aquatic Resources Delineation”,where “all activity permits must include a
property assessment for the presence of aquatic resources.If aquatic resources are not present,
a letter written by an aquatic resources professional must be submitted to confirm that no
aquatic resources occur within the property.If aquatic resources are present,an aquatic
resources delineation (watercourses,wetlands,and agricultural water user facilities)report must
be submitted to the city for all projects.”It would be particularly helpful to use a consistent term
for an “Aquatic Resources Delineation”throughout Division 38.710 Submittal materials and
requirements.As written,the language used to describe the burden of proof required for
documenting aquatic resources identification and impacts is highly variable.This edit is
consistent with requirements outlined in Sec.38.710.120 Submittal materials for proposed
activity in wetlands and Sec.38.710.050 Documentation of compliance with adopted standards.
4.Require an “Aquatic Resources Delineation”in Sec.38.710.030 Subdivision pre-application
submittal materials.This edit is consistent with requirements outlined in Sec.38.710.120
Submittal materials for proposed activity in wetlands and Sec.38.710.050 Documentation 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-application submittal materials,
especially now that the newly adopted PRAT Plan allows for “watercourse setbacks,wetlands,
and other priority conservation lands and similar acreage to contribute to dedication
requirements in new developments.”A logical first step in the development process is to
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
4
determine site conditions 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 situations where protecting aquatic
resources is at odds with a plan that is already far underway and which can result in difficult
negotiations,conflict,costly changes,and unnecessary impacts.
5.Re-organize Sec.38.710.050 Documentation of compliance with adopted standards so that “1.
Surface water”is more inclusive of all aquatic resources and requires the submission of maps,
“Aquatic Resource Delineation”,activity impact descriptions,and permits.
6.Include an additional division titled Division 38.6XX Streambed and Bank Regulations if only to
say “per 310 law,regulated by the Gallatin Conservation District.”This will help to have all
applicable natural resource regulations outlined in one place.
7.Include an additional division titled Division 38.6XX Agricultural water user facilities if only to say
“contact the responsible ditch company.”This will help to have all applicable natural resource
regulations outlined in one place.
8.Move Sec.38.710.120 Submittal materials for proposed activity in wetlands to Division 38.610
Wetland Regulations.This recommendation is consistent with the organization of information for
Division 38.600 Floodplain Regulations,and helps people find and understand applicable
information more easily.It also appears that sections included in Division 38.710.Submittal
Materials and Requirements are almost entirely geared to the subdivision process,whereas
aquatic resource impacts occur through many different development pathways.The review
process for impacts to aquatic resources is supposed to be triggered for all activity types,and it
would be easy to miss important review and submission requirements with Sec.38.710.120
Submittal materials for proposed activity in wetlands located as it is now.
9.Specify the “review authority”for aquatic resources.Sec.38.710.120 Submittal materials for
proposed activity in wetlands and Division 38.610 Wetland Regulations refer to the “review
authority”per Division 38.700 Jurisdiction and Scope of Authority.This section mentions
floodplain regulations,but not wetlands,watercourse setbacks,or any other aquatic resource.
Sec.38.610.040 mentions 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 written,critical aquatic resources,besides floodplains,seem to
have no one watching them.It is recommended that the City continue to contract aquatic
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 position
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
5
on the Community Development Citizen Advisory Board for an individual with professional
ecology experience.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
6
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons 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
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
ARTICLE 7. - PERMITS, LEGISLATIVE ACTION AND PROCEDURES
DIVISION 38.710 - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.710.120. - Submial materials for regulated acvies in wetlands aquac resources .
A. All pares applying for acvity permits proposing acon affecng federal, state or city regulated
wetlands, watercourses , agricultural water user facilies and/or buffer setback s within the city limits
must submit the following informaon:
1. All acvity permits must include a property assessment for the presence of aquac resources. If
aquac resources are not present, a leer wrien by a wetland professional must be submied to
confirm that no aquac resources occur within the property. If aquac resources are present, A an
wetland and watercourse delineaon aquac resources delineaon (watercourses rivers, streams
[ephemeral, intermient, perennial and scoured areas], ditches, borrow ditches , wetlands, and
agricultural water user facilies, see Secon XX.XX.XX for full definion) report must be submied
to the city for all projects , if aquac resources are present . When required to determine
applicability and scope of wetland locaon and funcon the delineaon shall go 50 feet beyond
the boundary of the property. If no aquac resources are present, a leer must be submied to
the city stang that there are no water resources within the subject property.
a. This wetland and watercourse delineaon aquac resources delineaon report must include,
but not be limited to, the following:
(1) Wetland and watercourse Aquac resources descripons;
(2) A wetland F f unconal assessment, as determined by a state-accepted funconal
assessment method, i.e., Montana Department of Transportaon (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 funconal 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 aquac resource names (e.g.,
ditch and stream names, wetland idenficaon number, etc.) boundaries and acreages;
and
(6) Wetland data forms (U.S. Army Corps of Engineers data forms).
2. If acvies are planned in and/or adjacent to aquac resources the following informaon is
required:
____________________________________________________________________________________
2
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
a. A site plan which shows the property boundary; delineated wetland and watercourse aquac
resource boundaries; buffer setback boundaries; and all exisng and proposed structures,
roads, trails, and easements. The site plan will include a table of exisng wetland funconal
rangs , square feet, and acreage s , and linear feet and square feet of all watercourses and
agricultural water user facilies, and all required buffer setback s and acreage, and linear feet
of all watercourses and ditches .
(1) All direct impacts to aquac resources wetlands, watercourses, and buffer setback s must
be highlighted clearly idenfied using different colors or cross-hatching on the map and
in the legend and summarized in a table on the site plan. The aquac water resource
and buffer setback summary table must include aquac resource wetland/watercourse
idenficaon number; corresponding buffer setback width and acreage; total site,
aquac resources wetland, watercourse, ditch , and buffer setback acreages; Federal US
Army Corps of Engineers (USACE) jurisdiconal status; impacts to all aquac water
resources and buffer setback s; and, Federal and/or City migaon types and acreages.
(2) All indirect impacts (e.g., shading from boardwalks or public ulity 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 migaon areas and their required buffer setback s.
The map must include a table of migaon wetland type and acreage and required
buffer setback s and acreage and a descripon of the funconal unit gain of the wetland
migaon (as determined by USACE a state -accepted funconal assessment method).
c. The source, type and method of transport and disposal of any fill material to be used, and
cerficaon that the placement of fill material will not violate any applicable state or federal
statutes and regulaons as listed in secon 38.220.020.
d. Copies of the following:
(1) Any Clean Water Act (CWA) s S econ 404 Permits, and DEQ 401 Cerficates and DEQ
318 Permits; and 401 permits ;
(2) Any MT 301 310 or SPA 124 P p ermits;
(3) Any floodplain determinaons for the proposed site known to the applicant;
(4) Any other permit applicaons, state or federal, for wetlands , watercourses, and
agricultural water user facilies, permits regarding the proposed site;
(5) Any U.S. Army Corps of Engineers jurisdiconal determinaons regarding wetlands
aquac resources on the proposed and adjacent site; and
(6) If relevant, any MT state joint applicaons for the proposed project site.
e. A completed City of Bozeman wetland (aquac resources, e.g. streams, rivers, ditches,
wetlands, etc.) review checklist.
____________________________________________________________________________________
3
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
3. If in the preparaon or review of the required submial materials it is determined that there are
unavoidable impacts to wetlands aquac resources and/or watercourses that will require a
Federal Clean Water Act (404) permit, then the following informaon must be submied to the
city for all federal jurisdiconal and city-regulated wetlands ( see secon 38.700.210 for definion)
in a compensatory migaon report:
a. The descripve narrave must include, at a minimum:
(1) The name and contact informaon of the applicant and landowner ; the name,
qualificaons, and contact informaon for the primary author of the compensatory
migaon report; a descripon of the proposal; summary of the direct and indirect
impacts and proposed migaon concept; idenficaon of all the local, state, and
federal wetland/stream-related permit required for the project; and, a vicinity map for
the project.
(2) A descripon of the exisng wetland, watercourse aquac resources and buffer setback
areas that will be impacted including area based on professional surveys; dominant
vegetaon; and funconal assessments and wetland rangs for the enre aquac
resource feature wetland and the porons proposed to be impacted.
(3) An assessment of the potenal 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 descripon of the proposed conceptual migaon acons for wetland,
watercourse aquac resources and buffer setback areas. Provide specificaons (including
buffer setback s) for all proposed migaon for aquac resource
wetland/watercourse / buffer setback impacts. Include a map with all proposed
migaon areas and their required buffer setback s.
(5) An assessment of exisng condions in the zone of the proposed migaon including
vegetaon community structure and composion, exisng hydroperiod, exisng soil
condions, and exisng aquac resource wetland funcons.
(6) Field data that was collected to document the exisng condions of the proposed
migaon sites and on which the future hydrologic and soil condions of the migaon
aquac resources wetlands are based (e.g., hydrologic condions: piezometer data,
staff/crest gage data, hydrologic modeling, visual observaons; soil condions: data
from hand-dug or mechanical soil pits or boring results). The applicant may not rely on
soil survey data for establishing exisng condions.
(7) A planng schedule by proposed community type and hydrologic regime, size and type
of plant material to be installed, spacing of plants, "typical" clustering paerns, total
number of each species by community type, ming of installaon, nutrient
requirements, watering schedule, weed control, and where appropriate measures to
protect plants from destrucon (e.g., animal herbivory) . Nave species must comprise
80 percent of the plants installed or seeded within the migaon site.
____________________________________________________________________________________
4
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
(8) The migaon monitoring plan must include a period of not less than three years, and
establish the responsibility for long-term removal of invasive vegetaon (e.g., weed
management plan) .
(9) Aquac resource Wetland migaon performance criteria (measurable standards
reflecve of expected development goals established for each year aer the migaon
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 migaon aquac resources wetlands and
buffer setback s, a monitoring schedule, reporng requirements to the city, and
maintenance schedule and acons for each year of monitoring.
(10) Conngency plans which clearly define d course of acon or correcve measures
needed if performance criteria are not met.
b. The scaled plan sheets for the compensatory migaon must contain, at a minimum:
(1) Exisng aquac resources wetland and buffer setback surveyed edges; proposed areas of
aquac resources wetland and buffer setback impacts; and, locaon of proposed aquac
resources wetland and buffer setback compensaon acon.
(2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed
compensaon acons if any grading acvity is proposed in the compensaon area.
Provide exisng and proposed migaon design cross secon s for the aquac
resources wetland and/or buffer setback compensaon areas.
(3) Required aquac resources wetland buffer setback s for exisng aquac resources
wetlands , channels and proposed migaon areas;
c. A discussion of ongoing management pracces that will protect and maintain the non
impacted and migaon aquac resources wetland, watercourse and buffer setback areas in
perpetuity.
____________________________________________________________________________________
5
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons 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
migate the impacts of the development on the watercourse and wetland . This migaon may not be
less restricve than the requirements of the city floodplain regulaons or any other applicable regulaon
of this chapter. The purpose of this migaon is bank stabilizaon; sediment, nutrient and polluon
removal; and flood control.
Sec. 38.620.010 - On or aer July l0, 2002.
These provisions apply to all developments granted preliminary plat or plan approval on or aer July 10,
2002:
A. In the event a site with an exisng development, that is subject to subsecon 1 of this secon, is
submied to the city for a review subject to divisions 38.230, 430 and 270 of this chapter aer July
10, 2002, the proposed development must comply with this subsecon 2 to the extent reasonably
feasible given the exisng site condions. 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 administrave relief must not reduce setbacks below those provided for in subsecon 1
of this secon.
B. In addion to any relaxaon of watercourse or wetland setbacks provided by Subsecon 2.a of this
secon, nothing in this secon 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 deviaon 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. Peoning the state department of fish, wildlife and parks and the county water conservaon
district to seek the reclassificaon of the relevant watercourse as an irrigaon facility not subject
to the requirements of this secon;
5. Aer receipt of required permits, relocang the watercourse or wetland ; or
6. Pursuing any other lawful means of relief from the effects of this secon.
C. Setback s Guidelines .
1. East Gallan River. A minimum 100-foot setback must be provided along both sides of the East
Gallan River. ¶
____________________________________________________________________________________
6
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons 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 secon 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, intermient channels, and natural perennial/intermient
channels that receive augmentaon from irrigaon ditches.
5. Setbacks shall not be required along agricultural water user facilies true ditches that flow only
during the irrigaon season. See Secon XXXX for more informaon about agricultural water
user facilies.
6. Setbacks shall not be required along roadside borrow ditches that do not convey perennial or
intermient flows.
7. Setbacks shall be applied to all channels that are regulated by the Gallan County Conservaon
District.
8. Isolated wetlands that are not Federally-regulated, i.e. are jurisdiconal and require a Secon
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 (jurisdiconal) aquac features.
D. Setbacks Widths. Unless otherwise specified in subsecon xx of this secon, the following setback
requirements must be met:
1. East Gallan 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 Gallan 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.
____________________________________________________________________________________
7
Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
3. Other watercourses. A minimum 50-foot setback must be provided along the ordinary highwater
mark of all other perennial and intermient 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
intermient watercourse ordinary high water mark; “connected” wetlands are
Federally-regulated wetlands. (Note: In the event Federal regulaons change and no longer
consider “connected” wetlands jurisdiconal, i.e. require a Secon 404 Permit to impact, the City
of Bozeman will connue to require a 50-foot setback along these wetlands and would classify as
“City-regulated” aquac 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 subsecon 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) jurisdiconal 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
secon 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 residenal or commercial structure, addion to an exisng structure,
fence (upon approval by Aquac Resources Review Authority City Design Reviewers or Planners
or Aquac 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 deviaon process as authorized in
this chapter.
E. Setbacks Zones. Excepons. The For all scenarios defined above in subsecons 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 facilies 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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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
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 informaonal/interpreve signage may be placed in Zone 1 at the terminus of
spur trails;
c. Due to topography, avoidance of aquac resources wetlands , or other geographical
constraints, porons of non-spur trails may need to be placed within Zone 1. Trail
construcon 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, sedimentaon, nutrient and
polluon 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, ulity lines or similar public construcon may be permied within all zones
for the purpose of crossing a watercourse or wetland or protecng public health and safety. The
following pracces 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. Construcon 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 stabilizaon plan for all public construcon watercourse or wetland crossings must
be prepared and approved by the city prior to site preparaon and installaon of the
improvement.
4. Outlets from stormwater treatment facilies 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 acvies required within limits outlined in any
approved noxious weed control plan may occur in all zones.
F. Setback planng. A setback planng plan must be prepared by a qualified landscape professional or
revegetaon specialist , and must be reviewed and approved by the community development
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
department prior to the commencement of development or site preparaon. The plan must include
a schedule, and planngs must be depicted on the plan as follows:
1. Zone 1:
a. Zone 1 must be planted with new or exisng nave materials that are 100 percent nave to
the Gallan Valley and suited for a riparian area based on the following calculaons. One
hundred percent of the disturbed areas of Zone 1 must be planted with a ground cover of
nave riparian sedges, forbs and grasses that are 100 percent nave and/or naturalized to
the Gallan Valley (some “naturalized” species are discouraged, such as crested wheat
grass). suited for the area.
b. In addion, 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 condions (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
planng in a riparian area with an emphasis on species nave to the Gallan Valley. nave
species. The Natural Resources Conservaon Service (NRCS), the state nave plant society
and the county local water quality district (LWQD) are good sources of landscaping materials
and/or landscaping informaon.
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 exisng nave grasses suited for
the area. ).
a. Zone 2 must be planted with new or exisng materials that are 100 percent nave to the
Gallan Valley and suited for a riparian area based on the following calculaons.
3. Maintenance of the watercourse setback landscaping is required. If it can be demonstrated that
irrigaon 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 irrigaon plan must be developed
b. A weed management plan must be developed
4. Planng materials are exempt from the size requirements of secon 38.550.050.G.3.
5. To prevent soil erosion and the invasion of noxious weeds, the aquac resource watercourse
and wetland setbacks on all land proposed for development must be covered with exisng
vegetaon or must be seeded with nave or valley-naturalized grass species grasses as soon as
seasonally feasible or prior to commencement of any site development or site preparaon work.
6. Nave must mean those plants which are nave to the Gallan Valley or intermountain
ecoregion .
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
7. Use nave or Gallan Valley-naturalized grasses, forbs, sedges and other herbaceous plants in
areas of disturbance (e.g., bridges, culverts, ulies installaon, trails) within the aquac
resource watercourse setback. Nave woody planngs are required in all zones in both disturbed
and undisturbed areas.
G. Except as otherwise allowed in subsecons 2.e and f of this secon, no disturbance of soils and
exisng vegetaon 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 conservaon
reserve program (CRP), and acvies and structures that existed prior to the effecve date of the
ordinance from which this secon is derived. Any agricultural uses, acvies or structures
established aer the effecve date of the ordinance from which this secon is derived must comply
with these regulaons. An agricultural use, acvity or structure is considered abandoned if not used
for agricultural purposes for more than180 consecuve days.
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
DIVISION 38.610. - WETLAND REGULATIONS
Sec. 38.610.010. - Title and applicability.
These regulaons are known as the city wetland regulaons and may be cited as the wetlands
regulaons.
These wetland regulaons govern areas in compliance with the 1987 U.S. Army Corps of Engineers
Wetland Delineaon Manual of the U.S. (1987 Corps Manual), and or the most current supplement
wetland delineaon manual sanconed by the Army Corps of Engineers (ACOE)-Omaha District (as of the
most recent revision of these regulaons: Regional Supplement to the Corps of Engineers Wetland
Delineaon Manual: Western Mountains, Valleys, and Coast Regions, Version 2, May 2010).
. This manual provides specific guidelines and methods to idenfy whether an area is a wetland and to
determine the boundary between wetlands and uplands (non-wetland areas) . The city's wetland
regulaons will pertain to wetlands with a direct hydrologic connecon 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 connecon to a water of the U.S. and
exhibit posive wetland indicators for all three wetland parameters under ideal condions; there are
circumstances where not all parameters are met but the area classifies as a wetland (e.g. an agricultural
wetland may exhibit posive hydric soil and hydrologic indicators, but not hydrophyc vegetaon) . The
provisions contained in these regulaons do not apply to wetlands created by a wholly manmade water
source used for irrigaon 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 funcons. 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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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
2. Recreaon;
3. Open space;
4. Visual and aesthec;
5. Educaon 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 condions which are ill-suited for most types of development.
Development in these areas oen involves extra expense resulng from consideraons for site
drainage, flood protecon and facility maintenance. In addion, 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 regulaons to protect public and private facilies 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 acvies within City- regulated and
Federa l ly-regulated (jurisdiconal) areas and associated buffer setback s, but rather to conduct due
diligence to demonstrate avoidance and minimizaon of acvies encourage the avoidance of
acvies within wetlands regulated acvies within the regulated areas and to require best
management pracces in regulated areas .
E. Nothing in this division 38.610 will be construed to prevent irrigaon companies from diverng 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 regulaons.
Sec. 38.610.030. - Applicaon of wetland regulaons.
A. All acvity permits must include a property assessment for the presence of wetlands. If wetlands are
not present, a leer wrien by a wetland professional must be submied to confirm that no
wetlands occur within the property. If wetlands are present, T t hese regulaons apply to any
regulated acvity which may impact wetlands as defined in secon 38.700 known prior to or
discovered through the development review process, and verified through a site-specific wetlands
delineaon boundary determinaon . When any regulated acvity is proposed , a wetlands boundary
determinaon must be conducted. If the determinaon finds that there are no wetlands present on
the subject tract property , these regulaons do not apply , and a leer wrien by a wetland
professional must be submied to confirm that no wetlands occur within the property . If, however,
wetlands are found on the subject tract the proposal is subject to these regulaons. The provisions
of this division 38.610 will be applied in addion to any other applicable regulaons of this chapter.
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
1. The wetlands aquac resource boundary determinaon must be prepared in accordance with
the 1987 U.S. Army Corps of Engineers Wetland Delineaon Manual of the U.S. (1987 Corps
Manual), and or the most current wetland delineaon manual sanconed by the Army Corps of
Engineers (ACOE)-Omaha District by a qualified wetland professional (as of the most recent
revision of these regulaons: Regional Supplement to the Corps of Engineers Wetland
Delineaon 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 delineaon experience , and/or a
professional wetland scienst cerficaon.
B. Isolated W w etlands determined federally non-jurisdiconal (do not require a Secon 404 Permit but
may require cerficates or permits administered by Department of Environmental Quality or the
Conservaon 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 potenal 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 aquac resource watercourse setback requirements of secon
38.410.100 are provided is considered to have addressed the concerns of this division 38.610 and is
exempt from this arcle.
D. This division 38.610 is not intended to repeal, abrogate, supersede or impair any exisng federal,
state, or local law, easement, covenant or deed restricon. However, if this division imposes greater
or more stringent restricons, the provisions of this division must prevail. Specifically, if a n regulated
acvity pursuant to this division also requires authorizaon under secon 404 of the Clean Water
Act from the U.S. Army Corps of Engineers, the applicant must meet any greater or more stringent
restricons set forth in this division in addion to and independent of the restricons of such permit.
Sec. 38.610.040. - Wetlands review board powers and dues.
A. If established, the WRB has the powers and dues established in 2.05.2900.
Sec. 38.610.050. - Wetlands determinaons.
A. Wetland boundary determinaons must be performed in accordance with the procedures specified
in the Federal Manual for Idenfying and Delineang Jurisdiconal Wetlands (January 1987) and the
most current delineaon supplement (as of the most recent revision of these regulaons: Regional
Supplement to the Corps of Engineers Wetland Delineaon Manual: Western Mountains, Valleys,
and Coast Regions, Version 2, May 2010).
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
B. An electronic and printed document containing a summary delineaon report comprised of, but not
limited to:
1. A map of wetland aquac resource s boundaries , determinaon , 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. Funconal Assessment;
4. USACE wetland determinaon forms;
5. Photographs; and,
6. Relevant NRCS and wetland inventory data.
Sec. 38.610.060. - Regulated acvies.
A. No person may conduct any of the following regulated acvies within a wetland, as described in
38.610.030, without first having the proposed acvity approved by the review authorit y ies . Any
acvity which reduces the size of a wetland or reduces the degree to which a wetland performs any
funcon is subject to the requirements of this division 38.610. Such acvies include but are not
limited to:
1. Placement of any material, including without limitaon any soil, sand, gravel, mineral, aggregate,
organic material or water , pavers, wetland or lawn sod, channel cobbles or gravels ;
2. Construcon, installaon or placement of any obstrucon or the erecon of a building, trail,
boardwalk or other structure;
3. Removal, excavaon or dredging of solid material of any kind, including without limitaon any
soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any exisng vegetaon or any acvity which will cause any loss of vegetaon in a
wetland (e.g. shading by boardwalks, excavaon, scraping) ;
5. Alteraon of the water level or water table by any means, including without limitaon draining,
ditching, trenching, impounding or pumping; and
6. Disturbance of exisng surface drainage characteriscs, sedimentaon paerns, flow paerns,
or flood retenon characteriscs by any means, including without limitaon grading and
alteraon of exisng topography.
B. The following acvies are permissible in a wetland, without prior approval by the review authority
(USACE, CD, DEQ, etc.) , if such acvity does not reduce the size of a wetland or significantly reduce
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
the degree to which a wetland performs any funcon. Such acvity must be in compliance with any
other applicable state or federal law. Acvies permissible without prior approval include:
1. Maintenance of an exisng and lawful public or private road, structure or facility, including but
not limited to drainage facilies, water conveyance structures, dams, fences or trails, or any
facility used to provide transportaon, electric, gas, water, telephone, telecommunicaons or
other services provided that these acvies do not materially change or enlarge any road,
structure or facility;
2. Maintenance of an exisng 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 Revegetaon Plan approved by
the county weed control district;
4. Connuaon of exisng agricultural pracces such as the culvaon and harvesng of hay or
pasturing of livestock, or change of agricultural pracces which has no greater impact on
wetland funcon;
5. Conservaon or preservaon of soil, water, vegetaon, fish and other wildlife;
6. Outdoor recreaonal acvies, such as fishing, bird watching, hiking, raing and swimming
which do not harm or disturb the wetland aquac resource ;
7. The harvesng of wild crops;
8. Educaon and scienfic research that does not involve impacts to aquac 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 vegetaon and debris; and
10. Acvies in a wetland previously approved pursuant a wetland permit, including but not limited
to removal of debris and maintenance of vegetaon 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. irrigaon tarp, boles, paper)
Sec. 38.610.070. - Applicaon requirements and procedures for acvies in wetland areas.
A. Review. All proposals for regulated acvies in wetlands areas must be reviewed by the review
authorit ies y . The applicant must prepare a funconal assessment for all wetlands. Based on the
funconal assessment and other submial materials, the review authority may request the City of
Bozeman Aquac Resource Subconsultant (or Wetland Review Board, if acve) WRB, if established,
forward a recommendaon of approval, condional approval or denial to the review authority.
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
B. Decision. All proposals for regulated acvies in in regulated wetland areas must be reviewed and
approved, condionally approved, or denied by the review authority in accordance with arcles 240,
230 and 430 of this chapter prior to commencement of the regulated acvity.
1. If a n regulated acvity is proposed for a regulated wetland area, but the regulated acvity is not
proposed in conjuncon with a land development proposal, the applicant must submit a sketch
plan applicaon for decision by the review authority.
C. Submial materials. The informaon required in 38.220.130 must be submied for all regulated
acvies proposed for regulated wetland areas.
D. Nocing. The review of regulated acvies proposed for regulated wetland areas must comply with
the nocing requirements of division 38.220 of this chapter.
Sec. 38.610.080. - Review standards.
A. The review authority may approve, condionally approve or deny a regulated acvity 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
acvity will result in minimal impact or impairment to any wetland funcon and the acvity will
not result in an adverse modificaon of habitats for, or jeopardize the connued 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 potenal
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 acvity;
b. The funcons and values as determined by a USACE state accepted method of funconal
assessment of the wetland that may be affected by the proposed regulated acvity;
c. The extent and permanence of the adverse effects of the regulated acvity on the wetland
and any associated watercourse;
d. The cumulave adverse effects of past acvies on the wetland; and
e. The uniqueness or scarcity of the wetland that may be affected.
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
Sec. 38.610.090. - Wetland permit condions.
A. The review authority may recommend condions of approval for proposed regulated acvies, and
the city may condionally approve proposed regulated acvies, subject to the following condions:
1. Requiring the provision of a wetland buffer setback of a size appropriate for the parcular
proposed acvity and the parcular 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 facilies;
4. Requiring deed restricons or covenants regarding the future use and subdivision of lands,
including but not limited to the preservaon of undeveloped areas as open space and
restricons on vegetaon removal;
5. Restricng 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. Restricng fill, deposit of soil and other acvies which may be detrimental to a wetland or
watercourse ;
9. Modifying the project design to ensure connued water supply to the regulated wetland; and
10. Requiring or restricng maintenance of a regulated wetland area for the purpose of maintaining
wetland funcons.
11. Requiring a yearly migaon monitoring report to be submied 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 restricon to be filed with the county clerk stang the measures that will be
taken to protect all water aquac resources (wetlands and watercourse(s)) , migaon, and
buffer setback areas in perpetuity.
13. Requiring that all reasonable effort has been made to limit indirect impacts to vegetaon, faunal
interspersion and connecvity, and hydrological connecvity in the site design (e.g., any
structures, boardwalks, viewing plaorms, or bridges, which are constructed within wetlands will
have at least a two-foot space between the boom chord of the structure and the wetland
surface elevaon to limit shading impacts and allow wetland vegetaon to persist).
14. Requiring condions that migate City locally -regulated ( i.e. determined nonjurisdiconal 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 negave indirect or direct effects on the funconality of
wetlands, watercourses or buffer setback s.
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
Sec. 38.610.100. - Appeals.
Depending upon the applicaon procedure involved, decisions related to the approval or denial of
regulated acvies 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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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
ARTICLE 8. - DEFINITIONS
DIVISION 38.800. - TERMS AND INTERPRETATION
Agricultural Water User Facility. Those facilies, which include but are not limited to ditches, pipes, and
other water-conveying facilies, which provide water for irrigaon and stock watering on agricultural
lands, with said lands being defined in MCA 15-7-202.
Aquac Resources. Inclusive of wetlands, watercourses, and agricultural water user facilies.
Aquac Resources Professional. An individual with a minimum of a bachelor’s degree in a water
resource related field, five years’ experience of wetland delineaon experience, and/or a professional
wetland scienst cerficaon.
Wetland. Those areas that are inundated or saturated by surface water or groundwater at a frequency
and duraon sufficient to support, and that under normal circumstances do support, a prevalence of
vegetaon typically adapted for life in saturated soil condions, and meet the established criteria briefly
described below:
1. Vegetaon. A prevalence of hydrophyc vegetaon. Hydrophyc species, due to
morphological,physiological, and/or reproducve adaptaon, have the ability to grow, effecvely
compete, reproduce, and/or persist in anaerobic soil condions.
2. Soils. A hydric soil is a soil that formed under condions of saturaon, flooding, or ponding long
enough during the growing season to develop anaerobic condions 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 vegetaon at a duraon
sufficient to induce anaerobic and reducing condions.
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 connuously or
intermiently and has a definite channel, bed and banks, and includes any area adjacent thereto subject
to inundaon by reason of overflow. In the event of a braided or other mulple channel configuraon 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 irrigaon water or stormwater. The city may consult with other agencies with
experse in this maer when there is a queson of whether a parcular water body is a watercourse.
Watercourse and Wetland Setback.
ADD OTHERS?:
Connected Wetland ELIMINATE THIS TERM?
Federal Non jurisdiconal Wetlands and Watercourse
Aquac Resources
Federal Jurisdiconal Wetlands and Watercourses
City-Regulated Wetlands and Watercourses
Watercourse Setback
Wetland Setback
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Aachment B: City of Bozeman Wetland and Watercourse Aquac Resources Regulaons Suggested Edits July 2023
BUFFER SETBACK - Recmomend eliminang the term Buffer
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