HomeMy WebLinkAbout11-06-23 Public Comment - Holly Hill, Gallatin Watershed Council - Re_ Wetland Code Public CommentFrom:Holly Hill
To:Agenda
Cc:Nicholas Ross; Lilly Deford
Subject:[EXTERNAL]Re: Wetland Code Public Comment
Date:Monday, November 6, 2023 12:44:48 PM
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Dear Community Development Board,
We noticed several of our previous comments in the Laserfiche repository. To avoid confusionand bombarding the board, we would like to prioritize the comment we submitted today for
your consideration. We feel it is the most up-to-date and relevant at this point in time
Thank you,The Gallatin Watershed Council
On Mon, Nov 6, 2023 at 11:52 AM Holly Hill <holly@gallatinwatershedcouncil.org> wrote:
Dear Community Development Board,
Please see the attached comment pertaining to this evening's agenda item: I. Ordinance2156, to Replace Division 38.610 (Wetland Regulations) and Section 38.220.130 (Submittal
Materials for Regulated Activities in Wetlands), and amend Section 38.700.190 UDefinitions, and Section 38.700.220 W Definitions within Chapter 38 of the Bozeman
Municipal Code, Application 23309.
We appreciate the time and dedication that has gone into updating the Wetland Code thus farand hope that our comments help to inform the process..
Thank you for your consideration,
The Gallatin Watershed Council
--
Holly Hill, Executive Director
Phone: 406.560.4425Follow us! Facebook | Instagram
From:Holly Hill
To:Agenda
Cc:Nicholas Ross; Lilly Deford
Subject:[EXTERNAL]Wetland Code Public Comment from Gallatin Water Collaborative
Date:Monday, November 6, 2023 11:57:40 AM
Attachments:GWC_Logo_Color (1).pngWetland Code Recommendations from Collaborative 11.6.23.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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Dear Community Development Board,
Please see the attached comment pertaining to this evening's agenda item: I. Ordinance 2156,
to Replace Division 38.610 (Wetland Regulations) and Section 38.220.130 (SubmittalMaterials for Regulated Activities in Wetlands), and amend Section 38.700.190 U Definitions,
and Section 38.700.220 W Definitions within Chapter 38 of the Bozeman Municipal Code,Application 23309.
Thank you for your consideration,
The Gallatin Water Collaborative
To:Community Development Board
From:The Gallatin Watershed Council
Re:Wetland Code Update
Date:November 1,2023
Dear Community Development Board,
The Gallatin Water Collaborative (Collaborative)is a group of over 30 different stakeholders working to
coordinate efforts to protect,restore,and enhance water resources in the Gallatin Valley.We have
diverse representation from conservation organizations,local and state government entities,scientists,
engineers,agricultural producers,and recreationists.This letter reflects the opinions of the undersigned
groups and the overarching goals and priorities of the Collaborative,but does not necessarily represent
the opinions of all participating groups.
We appreciate the work of the Community Development Board and the City Commission to update City
code and prioritize wetland protection.Wetlands are key to our community growing sustainably,and
managing growth successfully depends on well laid out regulation that first protects,then minimizes,
and finally,mitigates wetland impacts on a local level.
The Gallatin Watershed Council has submitted a letter with recommendations that were developed
collaboratively and with technical assistance from several members of the Gallatin Water Collaborative.
The undersigned groups would like to reiterate and support all of the recommendations included in the
Gallatin Watershed Council’s letter,with particular emphasis on the following:1)In addition to
protecting wetlands,we urge you to also consider updates to the code that involve watercourses and
irrigation ditches/agricultural irrigation facilities.Wetlands,watercourses and irrigation ditches are
inextricably linked and work together as a system,let’s take this opportunity to consider their protection
together.2)Extend the wetland code update timeline a few more months and bring on the City’s
wetland consultants to assist with technical review.
Thank you for your consideration,
Montana Freshwater Partners
Briana Schultz,Sundog Ecological Inc.
Connor Parrish,Trout Unlimited
Susan Duncan,Ag Producer
Lynn Bacon,TerraQuatic LLC
Sierra Harris,Greater Yellowstone Coalition
Together we are working to unify local efforts to protect,restore and enhance
water resources in the Lower Gallatin Watershed.
www.gallatinwatercollaborative.org
From:Holly Hill
To:Agenda
Cc:Nicholas Ross; Lilly Deford
Subject:[EXTERNAL]Wetland Code Public Comment
Date:Monday, November 6, 2023 11:54:05 AM
Attachments:Wetland Code Recommendations for Community Development Board 11_1_2023.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Community Development Board,
Please see the attached comment pertaining to this evening's agenda item: I. Ordinance 2156,
to Replace Division 38.610 (Wetland Regulations) and Section 38.220.130 (SubmittalMaterials for Regulated Activities in Wetlands), and amend Section 38.700.190 U Definitions,
and Section 38.700.220 W Definitions within Chapter 38 of the Bozeman Municipal Code,Application 23309.
We appreciate the time and dedication that has gone into updating the Wetland Code thus far
and hope that our comments help to inform the process..
Thank you for your consideration,The Gallatin Watershed Council
--
Holly Hill, Executive DirectorPhone: 406.560.4425
Follow us! Facebook | Instagram
To:Community Development Board
From:The Gallatin Watershed Council
Re:Wetland Code Update
Date:November 1,2023
Dear Community Development Board,
The Gallatin Watershed Council (GWC),with the help of several technical experts,has been participating
in the Wetland Code Update process.As you know,the Commission has provided direction to maintain
the protection of wetlands that no longer fall under federal jurisdiction since the EPA vs Sackett supreme
court case decision.This is the right move and provides an opportunity to take back control of how we
impact these resources and maintain their ecosystem services here in the Lower Gallatin Watershed -
where we need them to be.Wetlands are key to our community growing sustainably,and managing
growth successfully depends on how well our local regulation that first protects,then minimizes,and
finally,mitigates unavoidable wetland impacts on a local level.The complexities of wetland ecology and
management are very technical and a copious amount of science,guidance,and regulation has been
developed throughout the US.The job the City is proposing to take on is a big and important one,and
this process is moving very quickly.We have developed several recommendations (Attachment A),but
first we will first outline who has helped along the way,and address some process considerations.
Many different stakeholders have been influential in developing the following recommendations.GWC
facilitates the Gallatin Water Collaborative,a group of over 30 stakeholders from the Valley that are
working together to protect,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.In particular,three individuals have guided our recommendations:Lynn Bacon,Briana Schultz,
and Bill Kleindl,all of whom have extensive backgrounds in wetland science (see note below).While
these comments are submitted by GWC,they represent the collective experiences,and the shared goals
and priorities of many.
GWC has been participating in the UDC Update process and the Wetland Code Update process,and we
are noticing a few things:
●First,the wetland code update process is happening incredibly quickly.While we agree with the
need for urgency,we also feel that getting this right is just as important.Due to the timeline,
there has been little to no opportunity to read the draft code,let alone provide meaningful
feedback.We are also concerned that you may not have the time to address the feedback we
have provided to date.Many local organizations that have vast technical expertise in this field
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
1
have a public engagement policy that makes it impossible to engage in such short notice,and
collaborating,even to the extent that we have,has been quixotic.
●Second,we urge you to officially seek the advice of your wetlands consultants.Ms.Bacon and
Dr.Kleindl have decades worth of experience on both sides of the code -working for developers
to permit projects,and for the city to review applications and enforce regulation.They know
where the inconsistencies are and where there is too much subjectivity -places that leave the
city vulnerable.They know where the process has hiccups,dead ends,and loopholes.Officially
consulting them is not a conflict of interest,rather it is their job as your contracted consultants
to bring necessary technical capacity to the City.Neither represent a staunch conservation
organization advocating for wetland protection:they are scientists,a teacher,and private
consultants.
●Third,the current draft UDC update does not address Article 6 Natural Resource,and to-date,
the Wetland Code Update process is focused on wetlands.Wetlands are a piece of the story,but
so are our watercourses,their associated setbacks,and agricultural water user facilities.These
resources work together as a system -by storing,moving,and treating water -but also in the
practical application of our code,they are considered together.We urge the City to look at codes
that regulate impacts to aquatic resources as a whole,throughout the UDC.
●Therefore we recommend the following:1)extend the timeline a few more months,2)consult
your experts,and 3)include watercourses,setbacks,and irrigation facilities.
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
*Ms.Bacon and Dr.Kleindl have many years of experience working as consultants for the City to review
wetland impacts,and both are contributing authors of the existing wetland sections of the UDC.Ms.
Bacon and Ms.Shultz work as consultants to developers on the other end of the wetland review process,
and bring a valuable perspective.Dr.Kleindl teaches wetland science at MSU,and is the immediate past
president of the Society of Wetland Scientists,a national group that promotes best practices in wetland
research,education,conservation,preservation,restoration,and management.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
2
Attachment A:Recommendations
1.Aquatic Resource Delineation:Wetlands,watercourses,and agricultural water user facilities are
three distinct resources,each with unique definitions and regulation,but in many cases have
regulation or regulatory processes which are the same,or happen simultaneously.We
recommend consolidating the details that are consistent across all three into one,streamlined
process,and requiring their delineation,by a qualified aquatic resources specialist,as early on in
the development process as possible.All new construction should be required to do this step.
Even if aquatic resources are not obviously present at the site,we still suggest that an aquatic
resource specialist conduct a short evaluation and sign off on a standardized letter attesting to
this fact.This recommendation aligns well with creating a “parks concept plan”,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 determine site conditions
which significantly impact site layout and building constraints.This ensures that applicants are
guided down the correct regulatory pathway right away,avoiding 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.
2.Jurisdictional Authority:We recommend specifying that it is first the responsibility of the USACE
to issue a “certification of opinion of jurisdictional status”for wetland and watercourse impacts.
Where federal jurisdiction does not apply,it then becomes the responsibility of the City to make
a determination if the aquatic area is under their jurisdiction.It should be made clear that a
“certification of opinion of jurisdictional status”can not be made by a representative of a
developer.
3.Review Authority:We recommend that the City provide adequate technical review of aquatic
resource impacts.This could look like continuing to contract aquatic resource specialists,and/or
hiring 1-2 FTE staff to provide the necessary ecological capacity in-house.It is also recommended
that the City designate a standing position on the Community Development Citizen Advisory
Board for an individual with professional ecology/hydrology experience,in lieu of reinstating the
defunct Wetlands Review Board.
4.Mitigation Option Hierarchy:We recommend that on-site,permittee-responsible mitigation be
prioritized very carefully,only in specific cases,and to develop clear criteria to guide this
determination.While on-site mitigation is great in theory,in practice,there is a long history of
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
3
failed permittee-responsible mitigation sites in Montana and across the nation.On-site
mitigation can be preferable,such as when a small placement of fill is necessary for a bridge
abutment,and the site conditions are such that expanding the wetland footprint is relatively
easy.Additionally,there may be special circumstances where the permittee can demonstrate
that they have the specialized technical skills,funding and site protection in place to provide high
quality,perpetual offsets for their impacts.
5.A “Watershed Approach”to Mitigation:If impacts are unable to be mitigated in the East
Gallatin Watershed,then we suggest expanding the geographic boundary,first,to the Lower
Gallatin Watershed (from the mouth of Gallatin Canyon,at the confluence of Spanish Creek,to
Three Forks,at the start of the Missouri River),second,to the full Gallatin Watershed,and finally
third,to the nearest mitigation bank.The Upper and Lower watersheds are significantly different
in character,and replacing impacts made in the Lower with credits in the Upper strays from the
concept of in-kind,in-proximity mitigation.
6.In-Lieu Mitigation Option:We suggest that the City administer the In-Lieu Fee option,whereby
the permittee pays a mitigation fee to the City which then goes into an established watershed
restoration fund that pays for or contributes towards local projects that benefit stream and
wetland projects in the local watershed.Local conservation groups could apply for the funding to
implement and manage the projects.The City could accept funds,similar to in-lieu fees paid for
park/open spaces.We suggest requiring a minimum of 1.5:1 mitigation ratio for any in-lieu
option to compensate for the temporal loss of wetland/stream function when impacts occur
prior to the mitigation actually being implemented on the ground.
7.Wetland Mitigation and Monitoring Procedures Manual:In conjunction with the UDC,develop
a Wetland Mitigation and Monitoring Procedures Manual that provides clear guidance,
examples,and templates for developers to use.We have heard this alluded to,and are strongly
supportive.We encourage you to establish accountability to ensure this step happens,and that
there is adequate time,budget,and technical resources to do it well.The State of Washington’s
Department of Ecology has a great example:
https://apps.ecology.wa.gov/publications/summarypages/0606011b.html
8.Watercourse and Wetland Setback Landscape Design and Maintenance Manual:Supplement
the watercourse and wetland setback planting requirements outlined in the UDC,with a
Watercourse and Wetland Setback Landscape Design and Maintenance manual.The newly
adopted Landscape and Irrigation Standards for New Development focuses entirely on upland
conditions and drought tolerant species.It would be helpful to have similar design guidance
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
4
available for wetter landscapes to communicate a clear vision for these natural areas,and to
streamline the design and review process.The PRAT Plan,in anticipation of public parks
including more watercourse setbacks and wetlands,has also identified a best-practices manual
as a goal.
9.Definitions:In general,define or specify subjective terms.Terms of particular concern which
leave the codes susceptible to being applied inconsistently are:“unavoidable impacts”,“wetland
review authority”,“public interest”,and “to the greatest extent feasible”.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
5