HomeMy WebLinkAbout02-12-25 Public Comment - L. McLane - Re_ Sustainability Board Meeting 2_12_25 Wetland Code UpdateFrom:Lilly McLane
To:Bozeman Public Comment
Cc:Katherine Berry; Holly Hill
Subject:[EXTERNAL]Re: Sustainability Board Meeting 2/12/25 Wetland Code Update
Date:Wednesday, February 12, 2025 12:01:59 PM
Attachments:25.02.12 Sustainability Board Public Comment.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.
Thank you for your consideration, please see the attached comment letter.
--
Lilly McLane, Watershed Restoration DirectorGallatin Watershed Council
http://gallatinwatershedcouncil.org Cell: 410.371.8221
To: Sustainability Board
From: The Gallatin Watershed Council
Re: Wetland Code Update
Date: February 12th, 2025
Dear Members of the Sustainability Board,
We commend the City for taking on the task of protecting, minimizing, and mitigating impacts to
wetlands at the local level, especially in light of the reduced federal jurisdiction. This is a nuanced and
technical challenge, and we are encouraged that the City has engaged a contractor to provide additional
technical capacity in reviewing and writing the code.
As you oversee the process of updating the Wetland Code, we encourage you to take a more
comprehensive and holistic approach to updating the UDC with regard to water resources. Wetlands,
watercourses, ditches, and stormwater facilities are a connected network within the City to provide trout
spawning habitat, attract birds, safely mitigate flooding, convey water to downstream users, and protect
water quality. The Wetland Code Update closely examines the ordinances in Division 38.610, but this is
only one piece of the solution. This is addressed in one of the deliverables of the Wetland Code Update:
“Review the greater portion of city wetland and natural resource code and propose opportunities for
improvement under the general policy direction that the city must support creation of safe, efficient
infrastructure systems and housing while protecting sensitive natural resources.”
The current draft of the UDC, in large part, does not address sections relating to watercourse setbacks,
agricultural water user facilities, and stormwater facilities. Without looking at Article 6 Natural Resource
in its entirety, and associated sections such as Division 38.710. Submittal Materials and Requirements,
we will be missing significant opportunities to streamline the development application and review
process, clarify contradictory and confusing language, and avoid and minimize impacts to water
resources.
Human-made features like irrigation ditches or stormwater facilities are, fundamentally, natural
resource management tools. Irrigation ditches convey deeded water, but they also spread water out
over the valley, recharge the aquifer, and help with flood control, a job once performed by beavers. In
the City of Bozeman, tailwater from Middle Creek Ditch supplements several spring creeks, including
Aajker, Baxter, and Cattail Creeks. Each of these urban streams is a valuable community asset and
provide critical spawning grounds for the East Gallatin River blue ribbon trout fishery. Water in our valley
is interconnected, while there are natural and artificial infrastructures, the systems work together. We
understand that when updating code, there are certain legal barriers limiting flexibility, but encourage
you to explore opportunities to consider these resources together and streamline development
processes.
Watercourses, wetlands, and agricultural water user facilities each have distinct definitions and
regulations, but have many similar and/or concurrent regulatory processes. Conducting a
comprehensive review of water resources at the same time, by the same team, can help streamline the
site investigation and approval process. In many cases, the distinction between a stream and a ditch is
difficult to determine, and often deeded water is conveyed in a natural channel. As a result, treating
them separately in regulatory reviews can complicate decision-making and miss opportunities for more
efficient and holistic management of water resources.
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. Good land management
is good water management, and we are excited to build a more resilient future together.
Thank you for your consideration,
The Gallatin Watershed Council