HomeMy WebLinkAbout05-06-25 Public Comment - Bozeman Tree Coalition - UDC Update, Phase 2 - Suggested changes to UDC text from Bozeman Tree CoalitionFrom:BozemanTreeCoalition
To:Bozeman Public Comment
Cc:Jennifer Madgic; Douglas Fischer; Emma Bode; Terry Cunningham; Joey Morrison; Erin George
Subject:[EXTERNAL]UDC Update, Phase 2 - Suggested changes to UDC text from Bozeman Tree Coalition
Date:Friday, May 2, 2025 4:50:42 PM
Attachments:2025-5-2.UDC update-BTC suggestions.pdf
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Dear Staff, Mayor, Deputy Mayor, and Commissioners,
Please find attached the Bozeman Tree Coalition suggestions to the UDC update, phase 2. We
appreciate the opportunity to make suggestions and participate in the UDC update process.
The attached suggestions are submitted on behalf of the Bozeman Tree Coalition founders; Marcia Kaveney
Angie KociolekDan Carty
April CraigheadLara Schulz
Chris McQuearywith assistance from Annie Sheets, retired city arborist
If you have any questions, please contact us at bozemantreecoalition@gmail.com.
Thank you.
2 May 2025
UDC Draft Update
The Bozeman Tree Coalition (BTC) has carefully reviewed the proposed UDC changes, and
recommends the following changes in order to better protect, preserve, and enhance
Bozeman’s urban forest – its ecological function and the ecosystem services it provides to the
community as a whole. The robust protection of Bozeman’s urban forest is crucial to adhering
to the city’s many important plans for an environmentally sustainable future. City
commissioners and staffers frequently mention challenges associated with unclear and
unenforceable codes. One focus of BTC’s efforts has been to identify areas in the UDC that
lack clarity and replace them with clearer, better defined, and more focused language.
Legend:
Text in underlined typeface is proposed to be added.
Text in strikethrough typeface is proposed to be deleted.
BTC comments, questions, or justifications are bold and italicized .
Codes are in order of appearance in the UDC update draft. Divisions are in bold. Unchanged
draft text has been omitted except to give context and location for our comments.
Words marked with * indicate new terms with definitions found in Division 38.800 Terms and
Interpretation.
Division 38.110. - ADOPTED PLANS, STANDARDS AND RESOLUTIONS
Sec. 38.110.010.- Plans, standards and resolutions adopted by reference.
The following plans and documents (as amended), are adopted by reference as a part of or in
support of this chapter:
Clarify what it means to be adopted by reference “as a part of” or “in support of.”
Justification: Given that plans, in and of themselves, are not compulsory, clarify what is
intended by their inclusion here. How will they be used by staff? What thresholds need to be
met when using a plan “in support of”? How will plans, standards, and resolutions be used in
equal balance? For example, Community Plan 2020 emphasizes environmental protections in
addition to housing needs, etc. See the graphic of all the equal elements for a "Resilient City."
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List all plans by name.
A. Issue plans adopted in support of the land use plan. This is an unclear statement. Is the “land
use plan” the same as the “growth policy” aka “Bozeman Community Plan 2020?”
B. Administrative manuals adopted to implement authority granted by the Bozeman Municipal
Code.
C. Guidelines for historic preservation and related overlay district(s). List Neighborhood
Conservation Overlay District by name and change the word “guidelines” to “standards” as
established by the title of this division.
D. City of Bozeman Engineering design standards.
E. Montana Public Works Standard Specifications and the City of Bozeman modifications to the
Montana Public Works Standard Specifications.
F. Federal wetland delineation manual.
G. Resolutions establishing review fees for applications subject to this chapter.
H. Resolutions establishing values for payment in lieu of construction or provision of real or
personal property to meet requirements of this chapter.
I. Other similar plans, manuals, guidelines, and standards formally adopted by the city. List them
by name (including the Sensitive Lands Protection Plan) and where to find them.
Division 38.240. - SPECIAL DISTRICTS
Sec.38.240.020. NCOD (Neighborhood Conservation Overlay District)
A. Intent.
6.e. Seek to maintain and enhance the many private and public elements that are unique to the
fabric, theme and character of each neighborhood and area, including, but not limited to:
lighting, pathways, street trees, city park trees, Heritage Trees, natural areas and other features
that may , from time to time, be identified by the citizens and property owners' of neighborhoods,
areas and subsections.
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Division 38.260. - RULES OF INTERPRETATION
Sec. 38.260.050. - Streetscape.
A. Streetscape
3. Standards
b. Boulevard Strip
(1) The boulevard strip is the area of land located between the street and the sidewalk primarily
intended for the planting and maintenance of street trees, and must allow room for trees to
mature as well as provide room for snow storage.
c. Boulevard Type
(2) The following standards comprise the allowable boulevard types:
(b) Storefront. A boulevard paved with a firm, stable, slip-resistant, permeable surface
continuously from back-of-curb to the edge of the sidewalk including on either side of tree wells .
Street trees must be planted within tree wells containing a grate flush with the sidewalk surface.
Landscaping is allowed in raised planter beds no wider than 2 feet, measured perpendicular to
the street.
Division 38.340. - AFFORDABLE HOUSING
Sec. 38.340.030. - Incentives available.
B. Incentives for Table 38.340.020-1 deep incentives.
4. Developments subject to this division may use yield
streets without requirement for additional zoning review
requirements beyond that for the development within
which the yield street will be used. A yield street has the
following characteristics:
e. Snow management plan, including enforcement provisions, must be provided during initial
development review.
(3) Snow management plan must include details of tree protection methods within snow storage
areas if trees are present and include best management practices to be determined by ISA
Certified City Arborist/Forestry Division.
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Division 38.400. – Transportation Facilities and Access.
Sec.38.400.030- Intersections.
A. The following requirements apply to street intersections:
1.Streets must intersect at 90-degree angles except when topography prohibits this alignment or
existing, natural topographic features favor protection of existing natural resources. Existing,
natural topographic features and natural resources include, but are not limited to, surface
landform (e.g., plains, hills, and valleys), water (e.g., springs, creeks and rivers, ponds and lakes,
and seasonally flowing irrigation ditches), trees and other vegetation, and minerals. In no case
may the angle of an intersection be less than 60 degrees to the centerline of the street or road
being intersected.
Justification: Topographic maps usually portray both natural and human-made features. They
show and name works of nature including mountains, valleys, plains, lakes, rivers, and
vegetation. They also identify the principal works of humans, such as roads, boundaries,
transmission lines, and major buildings.
Sec. 38.400.100. – Street vision triangle.
B. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles as
described in this section, provided that mature trees do not significantly affect interfere with safe
driving conditions and are maintained such that no canopy foliage exists below a height of ten
feet above centerline of intersecting streets.
Division 38.410. - COMMUNITY DESIGN AND ELEMENTS
Sec. 38.410.010. - General standards.
B. Natural environment. The design and development of all land uses must be properly related to
topography, and must, to the extent possible, preserve the natural terrain, natural drainage,
existing topsoil, trees and other existing vegetation.
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The above code as written has been entirely ineffective at protecting the natural environment
as its authors clearly intended. BTC suggests replacing it with the following.
Suggested rewrite:
B. Natural environment. The design and development of all land uses must be in relation to and
in harmony with the natural topography of the land, and preserve the majority (over 51% of total
land area) of the natural topography, utilize and/or enhance the natural drainage of the land,
preserve (not disturb) the existing topsoil except in locations of approved hardscape, protect
during construction and preserve mature (regulated*) trees over 6” DBH (Diameter at Breast
Height) by locating hardscape, proposed buildings, and streets in areas that do not disturb
existing mature trees and groves, and preserve other existing vegetation such as mature shrubs,
ornamental trees, and grasses except in approved hard scape locations.
(1) Demonstrated efforts need to be made to locate buildings, streets, and sidewalks in areas that
do not disturb the health and survivability of existing trees, groves, and wildlife habitat.
(2) On properties larger than .30 acres, an independently contracted inventory of the existing
mature trees (over 6” DBH) and fully grown shrubs and small trees (i.e.chokecherries and aspen
groves) by an ISA Certified Arborist must be provided in all pre-applications, subsequent
applications, and included on pre-application and subsequent application checklists .
(2) When the application pertains to the removal or relocation of existing trees or the
encroachment upon the protected zone of a tree, or proposed construction or development
activities which do not require discretionary approval, an independent ISA* Certified Arborist
must prepare a report at the property owner’s or developer’s expense and which must then be
submitted with the pre-application and subsequent applications.
BTC recommends the City contracts with an independent urban ecologist to provide ground
truthing to green field developments or parcels that contain woodlands, groves, or other
habitats. Alternatively, BTC recommends the City provide ecological training and other
support to assist staff assessment of pre-applications for new subdivisions and re-development
sites with natural features.
Division 38.540. – Landscaping
Sec. 38.540.010.- Purpose and intent.
The process of development, with its including possible alteration of the natural topography and
vegetation, and creation of impervious cover can have a negative effect on the ecological balance
of an area. by causing or accelerating the processes of runoff, erosion and sedimentation. It is
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pertinent to the public interest, health and welfare that Bozeman’s unique natural beauty and
environment be protected through preservation and conservation efforts including but not limited
to tree protections, diversity of vegetation throughout the city, enhancing aesthetic character of
the community, watershed health, and other ecologically balanced practices that are consistent
with those community goals. The economic base of the city can and should be protected through
the preservation and enhancement of the area's unique natural beauty and environment.
Recognizing that the general objectives of this division are to promote and protect the health,
safety and welfare of the public, It is the intent of this division to promote and protect the city’s
natural environment while respecting individual rights to develop, maintain and enjoy private
property to the fullest possible extent consistent with the public interest, health, and welfare.
These regulations are adopted as part of this chapter for the following specific purposes:
A. To improve tree protections and preservation by developing a Tree Protection Ordinance to
expand and strengthen the existing urban forest, to add structure to the Plan Review process and
guide the city’s Community Development Department and Forestry Division .
A. B . To aid in stabilizing the environment's ecological balance by contributing to the process of
air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and
improvement of water quality, while at the same time aiding in noise, glare and heat abatement;
B. C . To provide visual buffering between land uses of differing character by placing retaining or
planting screening vegetation;
C. D . To enhance the beauty of the city by expanding and strengthening the urban forest and
providing a diversity of vegetation within the city;
D . E. To protect the character and stability of residential, business, institutional and industrial
areas by establishing minimum landscaping standards;
E . F . Preserve the value of land and buildings by protecting and enhancing the aesthetic character
of the community , including the preservation of mature trees and vegetation ;
F . G. To conserve energy by providing preserving and/or planting windbreaks, shade and
temperature moderation;
G . H. To retard the spread of noxious weeds using best management practices and by encouraging
a vigorous desirable plant community within the city;
H . I. To enhance the appearance of the entryways into the city by providing high-quality
landscaping which complements architecture;
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I . J. To encourage a pleasant and safe environment for pedestrians by placement of boulevard
trees and other interesting visual features;
J . K. To achieve the conservation of water by requiring the use of low water demand landscaping
and efficient irrigation efficient irrigation and water-wise plantings .
Sec. 38.540.050. - Mandatory landscape and irrigation provisions.
B. Parking lot landscaping.
2. All surface parking lots on the building site must be landscaped in accordance with this
subsection.
a. Parking lot screening required
(4) Screening must be maintained at a height of four to six feet except as otherwise restricted by
fence and hedge height limits within required front setbacks and street vision triangles.
(Figure 38.540.050-1. Parking lot landscape screening. - This figure is hard to read. Too small.
e. Additionally, any parking lot providing 15 or more parking spaces must have a minimum of
20 square feet of landscape area within the parking lot for each off- street parking space in the
lot provided as follows:
(3) The minimum width and/or length of any parking lot landscaped area is eight feet. No
landscape area may be less than two feet wide for a perennial bed, 5 feet wide for shrubs, 8 feet
wide for trees.
Article 6. - NATURAL RESOURCE PROTECTION
Division 38.630. Tree Protection and Urban Forest Regulations .
Section 38.630.010. Bozeman Tree Ordinance . (Undergoing current development by Parks and
Urban Forestry staff).
The following are recommendations for inclusion within the future “Tree and Urban Forest
Regulations”:
A. General components and specific criteria for urban forest sustainability:
B. Resource Management:
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1.Citywide management plan: Assist in development and implementation of shared vision for
trees in community.
2. Citywide funding: Provide expertise on the funding required for proper tree care.
3. City staffing: Inside city government ensure excellence among staff; outside city government
demand excellence from contractors.
4. Assessment tools: Provide expertise and action in evaluating the structure and function of the
urban forest.
5. Protection of existing trees: Provide expertise and action through tree preservation plans and
programs.
6. Species and site selection: Provide expertise to ensure the appropriate match between planting
sites and tree species occurs, both public and private trees.
7. Standards for tree care: Adopt and adhere to professional standards for tree care.
8. Citizen safety: Inspect and abate tree hazards associated with failure potential and sidewalk
disturbance.
9. Reuse/Recycling: Reuse felled wood. Craftspeople, and natural playground creators can be
useful here. Provide for a system whereby private trees can be chipped and added to the City’s
mulch program.
It is no longer acceptable to dispose of felled wood in the landfill, when there are many
possible uses for it if it can no longer be left standing.
Justifications for Division 38.630. Tree Protection and Urban Forest Regulations:
Individual tree references are scattered throughout Chapter 38 and tree management
regulations are contained in Chapter 16, but nowhere is there a specific Tree Protection
Ordinance. Natural Resource Protection is the logical place to contain the Tree Ordinance
(which is required by the Tree City, USA designation), and should also be listed in the City’s
website under the Forestry Division, in the Urban Forestry Management Plan, and in Chapter
16 of the BMC.
This division will be a holding spot while the City Commission develops new rules to regulate
how trees will be preserved with new development.
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The Mayoral Proclamation for Arbor Day 2025 also justifies the inclusion of trees in Chapter
38, Article 6:
“WHEREAS, trees can be a solution to combating climate change by reducing the erosion of
our precious topsoil by wind and water, cutting heating and cooling costs, moderating the
temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife,
and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires, and countless other wood products, and
WHEREAS, trees in our city increase property values, enhance the economic vitality of
business areas, and beautify our community, ”
Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.710.030. - Subdivision pre-application must include the following submittal materials.
A. The pre-application plan may be a freehand sketch.…. and must include:
1. Sketch map.
A sketch map showing:
e. Location of all topographical features including trees and groves and note where they conflict
with planned roads and building sites .
2. Topographic features.
Topographic features of the proposed subdivision and adjacent subdivisions and tracts must be
included in detail on the sketch map , including:
a . embankments,
b . watercourses,
c. drainage channels,
d. areas of seasonal water ponding,
e. areas within the designated floodway,
f. marsh areas,
g. wetlands,
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h . rock outcrops,
i. large wooded areas – groups of 20 or more trees with greater than 6” DBH), with specific
notation of all priority* trees (over 20” DBH), linear hedge rows of mature shrubs, and total
number of mature trees (6” DBH) by species in key ,
j. small wooded areas- groups with fewer than 20 mature trees (6” DBH) noting total number of
mature trees (6” DBH) and total number of priority trees (20” DBH) by species in key
k. number and location of individually occurring mature and priority trees, outside of wooded
areas, noting both species and size in key
l. noxious weeds
m. areas of active faults.
n. Include copies of any permits listed in 38.710.020 that have been obtained for the project.
Waivers. A list of waivers requested from the requirements of 38.710.050 must be submitted
with the pre-application and must provide an explanation of why such information is not relevant
or was previously provided.
10. Parks and recreation facilities.
The following information must be provided for all land proposed to meet parkland dedication
requirements:
a. Park concept plan, including:
(3) The location of any critical sensitive lands as defined in the Sensitive Lands Protection Plan
(SLPP) adopted by the City in 2024 (wetlands, riparian areas, streams, seasonally wet or low
lying lands, existing wooded areas of, or individual mature (over 6’ DBH) native/indigenous
trees, etc.);
Justification: “Critical lands” can mean different things to different people. Building on the
SLPP begins the process of “adding teeth” to that plan.
(4) General description of land, including size, terrain, details of location and history, water
features, existing tree and shrub features, and proposed activities;
(5) Description of trails or other recreational features proposed to connect the proposed park area
to other park or open space areas, and description of proposed connection of trails to existing
natural spaces of wooded areas ;
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12. Wildlife
Define wildlife:
“Wildlife” includes all naturally-occuring vertebrate and invertebrate animals collectively, the
native fauna of a region.
Describe key all wildlife habitat issues present or that may be associated with the proposed
subdivision including but not limited to mammals, birds, fish, reptiles, amphibians, and
invertebrates . Describe how the subdivision will consider protect fish and wildlife resources in
the course of project design. This must include planning suggestions from local FWP field
biologists at FWP regional offices.
This description should consider must include the following:
a. The species of fish and wildlife designated as species of concern by FWP, that use all or part
of the project planning are (proposed subdivision site plus one-half-mile radius around it) on a
year-round, seasonal, or periodic basis.
b.Other species of fish and wildlife (including invertebrates) not designated as species of concern
that use all or part of the project planning area (proposed subdivision site plus one-half-mile
radius around it) on a year-round, seasonal, or periodic basis.
c. The proposed subdivision's potential impacts on general wildlife and wildlife habitat including
impacts on mature shrubs and trees noting native species, wildlife corridors, wildlife cover, and
standing dead trees , both during construction and at full build-out, taking any applicable fish and
wildlife habitat standards (give examples of or links to these standards) into account.
BTC recommends including additional wildlife and habitat description above and beyond
FWP’s requirements in order to fully advance the city’s environmental protection plans.
FWP works at a different, coarser scale than subdivisions/development sites. They are
generally more focused on things like ensuring wildlife connectivity. FWP does not regulate
subdivisions. Additionally, they have a limited scope when it comes to bird protections (per
BTC conversation with FWP bird staff).
For example, it is well known that songbird populations have declined at alarming rates over
recent years, largely due to habitat loss. Many songbird species are dependent on native trees
and vegetation for their food source (they eat the insects and insect larva that only live in
native vegetation), as well as large trees and standing dead trees for shelter and nests. These
native habitats take a minimum of 30 years to regenerate if lost to development. Further, once
razed, native species are often replaced with non-native species that do not support the insect
life necessary for the survival of local wildlife, especially songbirds and invertebrates. It is
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essential for the City to improve its’ protection of existing native habitats and to prevent
destruction of native habitats in order to uphold the City’s goals for environmental
stewardship as outlined in the Bozeman Community Plan 2020 (aka growth policy), Sensitive
Lands Protection Plan, and more.
Sec. 38.710.050. - Documentation of compliance with adopted standards.
A. The following information must be provided with all subdivision preliminary plat applications
in order to document compliance with adopted development standards. No waivers will be
granted . unless waived by the development review committee during the pre-application
committee during the pre-application process per 38.750.050. The developer must include
documentation of any waivers granted by the city after the pre-application review. Additional
relevant and reasonable information may be required to adequately assess whether the proposed
subdivision complies with this chapter, the Montana Subdivision and Platting Act, and other
applicable standards.
Removing the waivers allows for full transparency with public notice. Otherwise, the public is
not privy to why certain standards are not being adhered to and unequal application of the
code
5. Vegetation.
b. Protective measures. Describe measures to preserve and protect existing trees and critical plant
communities (What’s a critical plant community? If not defined it needs to be. If it is defined,
call to that definition here) (e.g., design and location of streets, lots and open spaces).
(1) Include existing conditions on the site plan with documentation of all existing trees 6” DBH
or larger, make special note of number and species of trees 20” DBH or larger (priority trees).
(2) Label groupings of trees that include less than 20 trees with 6+” DBH as small woodlands,
and groupings of trees that include more than 20 trees with 6+” DBH as large woodlands,
include approximate area (in feet or meters) of both.
(3) Describe measures to protect ≥75% of total DBH of all regulated trees (6” DBH or larger)
including ≥75% of priority trees (≥ 20” DBH).
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(4) Describe measures to protect 100% of trees with 31.85” DBH (100 inches in circumference)
or greater unless:
a. removal is critical to maintain public health and safety and all planning alternatives have been
thoroughly explored and deemed incapable of accommodating said tree, or
b. The tree(s) are considered invasive, hazardous, or high risk per an ISA Certified Arborist’s
evaluation.
(5) Include on site plan, the Tree Protection Zone (TPZ) where construction activities are
prohibited to prevent injury to protected/preserved trees, which must include the Critical Root
Zone and/or beyond.
Tree Protection Zone (TPZ) standards are for both public trees and trees to be protected in
new development or subdivisions. BTC recommends these TPZ guidelines be located in the
Urban Forest Management Plan, in Chapter 16 of BMC, and in Chapter 38, Article 6. Natural
Resource Protection. 38.630 Tree Protection and Urban Forest Regulations. See Whitefish,
MT Tree Protection guidelines:
https://www.cityofwhitefish.gov/DocumentCenter/View/2881/Excavation-and-Construction-Gu
idelines-Around-a-Public-Tree-PDF
(6) When protection of trees is limited due to circumstances beyond applicant’s control and full
adherence to standards is proven by applicant to be infeasible, alternate paths and partial
mitigation may be possible in limited circumstances:
a. Alternate Path. Option to apply for an alternate path when the proposed development site has
some existing constraints or adherence to tree regulations and development code requirements
makes it infeasible to preserve at least 75 percent of the total DBH of all regulated* (mature)
trees. If the request for a alternate path is approved, mitigation will be required.
b. There may also be a possible alternate track option for the Industrial Zones: General Industrial
District (IG) and Light Industrial District (IL) Zones. The removal of some trees might be
necessary to construct large level sites to accommodate industrial, commercial (not including
small-scale personal and professional services), and public and institutional uses. Mitigation will
be required.
c. Mitigation Options:
Tree Replacement Ratio . Mitigation trees are required on-site to make up for anything less than
preservation of ≥ 75 % of the total DBH of all regulated/mature trees (6”DBH or larger). The
mitigation required to meet the standard is based on the largest tree or trees proposed for removal
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that equal or exceed the required DBH and aims to preserve the existing canopy. The following
is the tree replacement ratios:
6" to 9.9” DBH: Two Trees (2.5”caliper*)
10" to 19.9” DBH: 4 Trees (2.5”caliper)
20” DBH or larger: Five Trees (2.5”caliper)
*Caliper- term used by tree nurseries = diameter measured 12 inches from base of tree.
Payment In-Lieu of Tree Preservation. A payment in lieu of tree preservation must be made for
each replacement tree required but not planted on-site. Payment to be dictated by best practices
and independent assessment to be paid for by the applicant.
Such payments should account for ecosystem services lost by tree removal. Suggest to consult
with Green Infrastructure Center or other similar entities in evaluating and quantifying a
dollar amount for shade, carbon storage, erosion control, stormwater control, etc.
6. Wildlife.
a. Species.
Describe any state or federal endangered species or , FWP species of concern , species of interest,
and general wildlife species which use the area affected by the proposed subdivision including
wildlife such as songbirds, raptors, other birds of interest such as sandhill cranes; as well as large
and small mammals, mammals that are known to pass through the area such as deer, moose, or
bears, insects (important larva species and pollinators), and other invertebrates.
d. Protective measures.
Describe any proposed measures to protect or enhance wildlife habitat or to minimize
degradation
(e.g., keeping buildings and streets back from shorelines, setting aside wetlands as undeveloped
open space, and/or setting aside existing mature trees, shrubs, and woodlands as natural park or
undeveloped open space . Application must include City or Federal approved Habitat and Tree
Protection Zone plans for construction activities.)
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e. Discussion of impact; documentation.
The developer must discuss the impact of the proposed development on fish and wildlife with
the state department of fish, wildlife and Parks (FWP). With the preliminary plat application,
the developer must provide written documentation from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome adverse impacts, including tree and habitat
protection zones, whether the habitat is considered critical, sensitive, or general. In the event of
proposed removal of trees, shrubs, or habitat, the developer must list the species expected to be
impacted by their removal such as songbirds, raptors, and other birds of interest such as sandhill
cranes, as well as small and large mammals, invertebrates, and typical insect species if the trees
are native/indigenous, time of year the habitat will be removed, and reasons that this habitat
removal/damage can’t be avoided by a change in design.
(4) Documentation of all of the above (1-4) must be included for each separate habitat area to be
damaged or removed.
11. Transportation Facilities.
b. Streets, roads, and alleys.
(1) Describe any proposed new public or private streets, roads or alleys, or substantial
improvements of existing public or private streets, roads or alleys.
(2) The developer must demonstrate that the future streets will be consistent with the city's
adopted design standards, article 34.4, the current long-range transportation plan, and other
relevant standards.
(3) The developer must also demonstrate that the future streets will be consistent with the City’s
plans to maintain and grow the Urban Forest and will not degrade the existing habitat as outlined
in the growth policy, Urban Forestry Management Plan, and Tree Protection regulations.
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14. Parks and recreation facilities.
a. Park plan.
A park plan, including:
(5) The location of any critical sensitive lands per the SLPP and existing natural habitat
(wetlands, riparian areas, streams, individual mature native and non-native trees, groups of native
or non-native trees, established vegetated hedgerows , etc.) and location of watercourse setbacks
and any permits from non-city agencies required to execute the proposed plan;
Sec. 38.710.060. - Final plat.
A. The following materials must be provided with each application for final plat approval.
Materials must be provided in the form and number of copies established by the director of
community development.
5. Landscape and irrigation plans.
a. Rights of way.
b. Irrigated open space.
For all open space land proposed to be landscaped and irrigated, a final landscape and irrigation
plan must be submitted for review and approval prior to final plat or installation, whichever
occurs first. The detailed landscape and irrigation plan must comply with water conservation
standards outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual, 38.540.080. and must comply with the installation
requirements of division 38.780.
c. Un-irrigated Open Space.
For all un-irrigated open space land proposed to be left in its natural state, a final landscape plan
must be submitted for review and approval prior to final plat or establishment of said space,
whichever occurs first.
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Sec. 38.710.070. - Site plan submittal requirements.
A. Applications for all site plan approvals must be submitted to the community development
department on forms provided by the community development director.
2. Site plan information.
e. Parcel and site coverage information:
(3)Location, percentage of parcel and
total site, and square footage for the
following:
(a) Existing and proposed buildings and structures;
(b) Driveway and parking;
(c) Open space and/or landscaped area, recreational use areas, public and semipublic land, parks,
school sites, etc.; and
(d) Public street right-of-way;
(c) Non-irrigated natural area City park or private open space,
(d) Irrigated Landscaped areas (indicate public and/or private)
(e) Recreational use areas, additional parks, school sites, etc.
(f) Low lying land-seasonally wet areas
(g) Individual mature trees over 6” DBH
(h) Small woodlands (<20 mature trees) and large woodlands (>20 mature trees)
(i) Public street right-of-way
g. Location, identification and dimension of the following existing and proposed data, on-site
and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public
rights-of-way, unless otherwise stated:
(8) Surface water and groundwater, including:
Add (g) High water table locations indicated by native trees and shrubs such as cottonwoods,
willows .
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(9) Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as detailed in a Stormwater Drainage Plan (Must use existing
naturally occurring topographical drainages if connected to and extending neighboring drainage
patterns);
(19) Unique natural features, significant wildlife areas and vegetative cover, including all
existing trees and shrubs having a diameter greater than two and one-half inches, by species:
Sec. 38.710.080. - Certificates of appropriateness.
A. Submittal requirements for certificates of appropriateness.
All development proposals requiring certificates of appropriateness (e.g., located in a
neighborhood conservation district or historic property/structure) must submit the following
information in addition to any sketch plan, site plan or special development submittal
requirements for the proposal:
1. Neighborhood conservation overlay district and historic property/structures.
Certain information must be provided to the appropriate review authority to review prior to
granting or denying a certificate of appropriateness. The extent of documentation to be submitted
on any project is dictated by the scope of the planned alteration and the information reasonably
necessary for the appropriate review authority to make its determination. At a minimum, the
following items must be included in the submission:
n. Plans that describe or illustrate applicant’s adherence to NCOD landscape policy and
standards.
Sec. 38.710.090. - Submittal requirements for landscape and irrigation plans.
D. Contents of landscape plan.
A landscape plan required pursuant to this chapter must contain the following:
1. Property and project information:
c. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features,
including the location of low lying seasonally wet land with or without existing vegetation, as
well as locations of existing mature shrubs and trees and their square foot area and species along
with plans to keep these existing vegetated areas intact or enhanced; and the location and size of
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existing and proposed streets and alleys, utility easements, utility lines, drive aisles and
sidewalks on the lot and /or adjacent to the lot. Provide expertise and action by submitting a Tree
Report prepared by an ISA Certified Arborist at the property owner’s or developer’s expense
when the application pertains to the removal or relocation of any existing tree(s), or
encroachment upon the protected zone of tree(s), or proposed construction or development.
Add: p. Provide complete landscape legend with description of plant materials shown on the
plan, including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes (DBH) at installation, heights, spread and spacing. The location and
type of all existing trees, native and non-native, on the lot over six inches in caliper (DBH) with
a caliper size (DBH) over six inches must be specifically indicated.
Add: q. Include a tree protection plan for retention of existing healthy trees or notable, stable
snags (dead or dying trees) which continue to serve as cover, nesting sites, and food sources for
birds and other desirable wildlife. Provide expertise and action through tree reports, including
preservation plans prepared by an ISA qualified tree expert.
Sec. 38.710.100. - Sketch plan submittal requirements.
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this chapter. Sketch plans must be oriented with north at the top of the page and
must also show site boundaries, street and alley frontages with names, street trees, existing
mature trees, water and sewer service locations, sidewalks, parking location and size, and
location of all structures with distances to the nearest inch or nearest tenth of foot between
buildings and from buildings to property lines.
Sec. 38.710.120. - Submittal materials for regulated activities in wetlands.
A. All parties applying for activity permits proposing action affecting federal, state or city
regulated wetlands, watercourses and/or buffers within the city limits must submit the following
information:
3. If in the preparation or review of the required submittal materials it is determined that there
are unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water
Act permit, then the following information must be submitted to the city for all federal
jurisdictional and city regulated wetlands (see 38.800.240 for definition) in a compensatory
mitigation report:
a. The descriptive narrative must include, at a minimum:
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(9) Wetland mitigation performance criteria (measurable standards reflective of expected
development goals established for each year after the mitigation site is established, i.e., "At the
end of three five years there will be an 80 percent survival of the planted shrubs and trees.") for
mitigation wetlands and buffers, a monitoring schedule, reporting requirements to the city, and
maintenance schedule and actions for each year of monitoring.
Division 38.740. PLAN REVIEW
Sec. 38.740.030. - Special development proposals—Additional application requirements, review
procedures and review criteria.
Add tree regulations to this section on the assumption that the City’s tree ordinance will be
finalized in 2025. See below.
A. Application requirements. Applications for special development proposals (e.g. special use
permits, flood plain development permits, variances, etc.) must include:
2. Any additional application information required for specific reviews as listed in the following
divisions of this chapter:
f. 38.630, Tree Regulations.
B. Review procedures and review criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following sections and divisions of this
chapter:
8. 38.630, Tree Regulations.
Sec. 38.740.090. - Plan review criteria.
B. In establishing the record of the review the review authority will use the following general
outline of subjects:
6. Conformance with the project design provisions of article 5, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods and other approved development relative to architectural design, building mass,
neighborhood identity, landscaping, historical character, orientation of buildings on the site and
visual integration;
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Add: (1) Must be in compliance with tree regulations, and if boulevard trees are not available to
applicant then priority trees near to, or adjacent to sidewalk must be retained. Implementation of
tree protection zone must be implemented during construction.
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space
and landscaping, etc.) so that activities are integrated with the organizational scheme of the
community, neighborhood, and other approved development and produce an efficient,
functionally organized and cohesive development;
c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and
landscaping, etc.) are in harmony with the existing natural topography, natural water bodies and
water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site
configuration; existing trees must be retained in compliance with tree regulations.
d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space and pedestrian areas, and the preservation or replacement of natural vegetation as
delineated under tree regulations (as found in Chapter 16, and Chapter 38.540 and Chapter
38.600) ;
7. Conformance with environmental and open space objectives set forth in articles 4, article 5,
and article 6, including:
a. The enhancement of the natural environment (e.g., through low impact development
stormwater features or removal of inappropriate fill material and compliance with tree
regulations );
b. Watercourse and wetland protections, urban forest protections , and associated wildlife
habitats; and
C. Plan approval may be denied upon a determination the application does not meet all the
criteria of this section. Persons objecting to the recommendations of review bodies carry the
burden of proof. A denial of approval must be in writing.
Division 38.780.- Improvements and Securities
Sec. 38.780.040. - Special provisions for timing of certain improvements and activities .
Add: C. Timing of removal of trees.
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1. Removal of any regulated or priority trees during wild bird nesting season must be in
compliance with Montana Code Annotated 2023 and the federal Migratory Bird Treaty Act of
1918 and party removing tree(s) must secure necessary permits and submit to city prior to tree
removal or delay removal to after wild bird nesting seaon:
Title 87. Fish and Wildlife
Montana Code Annotated 2023
TITLE 87. FISH AND WILDLIFE
CHAPTER 5. WILDLIFE PROTECTION
Part 2. Wild Birds -- Regulation of Raptors
Protection Of Wild Birds And Their Nests And Eggs
87-5-201. Protection of wild birds and their nests and eggs. (1) It is unlawful for a person to
hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird,
other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of
whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a
wild bird, except under a certificate, falconer's license, or permit issued by the director.
(2) This section does not apply to:
(a) the hunting, trapping, or killing of house sparrows, crows, starlings, rock doves, blackbirds,
magpies, and other birds the department designates or to the taking or destruction of their nests
and eggs; (b) the possession or transportation of parts or plumage of eagles used for religious
purposes by a member of an Indian tribe when possessed or transported as permitted by 16
U.S.C. 668a .
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Division 38.800. - TERMS AND INTERPRETATION
Sec. 38.800.010. - Definition of terms and interpretation of language.
C. For the purposes of this chapter certain words and terms used herein are defined as follows:
Add terms into appropriate sections:
Caliper- a uniform measuring point of tree diameter at 12’’ above ground used by tree nurseries
DBH- Diameter of a tree at breast height or approximately 4.5 feet above the ground used by
arborists
ISA certified arborist- Arborist certified by International Society of Arboriculture
Indigenous tree- Originating, growing, or produced in a certain place or region. synonym : native
i.e. native and non-native plants.
Mature Tree- a tree that has a 6” or greater DBH, also known as regulated tree
Priority Tree- 20”DBH (diameter at breast height) or larger
Pursuant- In accordance with (i.e. see neighborhood conservation overlay district term) .
Regulated Tree- 6”DBH (diameter at breast height) or larger, also known as mature tree
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