HomeMy WebLinkAbout05-20-25 Public Comment - K. Berry, Gallatin Watershed Council - City Commission Meeting 05_20From:Katherine Berry
To:Bozeman Public Comment
Cc:Lilly McLane; Holly Hill
Subject:[EXTERNAL]City Commission Meeting 05/20
Date:Tuesday, May 20, 2025 9:59:00 AM
Attachments:25.05.20 City of Bozeman Commission Public Comment.pdf
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Thank you for your consideration, please see the attached comment letter.
Best,
Gallatin Watershed Council
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
To: Bozeman City Commission
From: Gallatin Watershed Council
Date: May 20th, 2025
Re: Unified Development Code Update & Advisory Board Areas of Interest
Dear Commissioners,
The Gallatin Watershed Council is writing to encourage the City Commission to include water resources
like streams, wetlands, and agricultural water user facilities on the Sustainability Board's ‘areas of
interest’ list for the Unified Development Code Update. We also encourage the Sustainability Board to
hold a work session to consider how water resources are protected and enhanced in the UDC. We’re
excited that the Wetland Code Update scope of work includes updates to wetlands and watercourse
setbacks in Article 6. We also see opportunities to integrate water resource protection throughout the
UDC to ensure the regulations are clearly and consistently applied, notably in sections 38.510 Site
Planning and Design Elements and 38.710 Submittal Materials and Requirements.
The Sustainability Board is best suited to take on revisions related to water resource planning. Water
conservation and management is a direct strategy in the Climate Plan (Solution O.), and at least one
member of the Sustainability Board is requested to serve on the Water Advisory Committee (WAC) for
the update to the Integrated Water Resources Plan.
While water is not currently on any advisory board agenda, it has been top of mind for our community.
The Community Plan, PRAT Plan, and Climate Plan all prioritize the protection of streams and wetlands,
wildlife habitat, agricultural heritage, public health, and sensitive lands as we grow. Now is the time to
direct staff and board capacity to review code updates that reflect our community's vision while
exploring innovative approaches to water resource stewardship.
Municipalities across the U.S. are successfully adopting holistic strategies to balance development with
natural resource protection. In Austin, TX, developers must submit an environmental resource inventory
with their preliminary plat. The inventory must detail the diverse natural resources of the site, and
outline the protection measures for critical environmental features like wetlands. One of the protection
measures Austin enforces is a buffer around any critical environmental feature, giving the City regulatory
oversight. Similarly, Washington State requires all cities to adopt development regulations that protect
critical areas like wetlands, fish and wildlife habitat areas, and frequently flooded areas. These policies
make it clear from the start of the development process that water resources are important, providing
clarity, consistency, and predictability for all involved.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
In Bozeman, we have many pieces of the puzzle to protect our shared resources like water, but we see
opportunities to make edits to the code to help anyone who picks it up see the full picture. To safeguard
water for both present and future generations, we recommend the Code be updated to:
1. Consider water at the first stage of site design/development review with a boots on the ground
assessment. By evaluating water resources from the outset, we can design within the constraints
of the land and minimize negative impacts. This aligns with goals and strategies laid out in our
guiding plans, including PRAT strategy 4.3, Advance the protection and enhancement of natural
resource areas and trees, especially sensitive lands, and the Community Plan Goal EPO-2: Work
to ensure that development is responsive to natural features.
2. Provide adequate technical review of our water resources. Unintended consequences can be
mitigated with staff that have expertise in water resource management, such as hydrology,
wetland ecology, and river morphology. The City and County noted that this is a major solution in
the Sensitive Lands Plan to provide dedicated natural resources staff, and then again in the PRAT
Plan’s recommendation to Scale Department capacity to provide knowledgeable natural
resources evaluation during the planning process for future facilities investments and
management of natural areas.
3. Coordinate site planning between departments. Many departments in the City have shared goals
related to water resource protection. Coordinating site planning between departments, like
Parks, Stormwater, and Water Conservation, can create opportunities for joint management by
integrating flood management, stormwater management, natural areas and open space, and
wildlife habitat protection.
We are attaching in-line edits (Appendix A) that highlight opportunities for clarity, consistency, and
vision setting in the Code. We hope the intent of these recommendations can serve as a starting point in
the City’s work sessions to help prioritize water resource protection in this process. Thank you for your
consideration and work on the UDC Update. Let’s keep Bozeman the Most Livable City and build a more
resilient future together.
Best,
The Gallatin Watershed Council
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
Appendix A: In-line Edits
Article 1. - GENERAL PROVISIONS
DIVISION 38.100. - IN GENERAL
Sec. 38.100.040. - Intent and purpose of chapter.
A. The intent of this chapter is to protect the public health, safety and general welfare; to recognize
and balance the various rights and responsibilities relating to land ownership, use, and
development identified in the United States and State of Montana constitutions, and statutory
and common law; to implement the city's adopted land use plan and community values outlined
in the City’s guiding documents; and to meet the requirements of state law.
Sec. 38.100.040. - Intent and purpose of chapter.
C.5. Providing standards that promote natural resource stewardship by:
a. Protecting and enhancing critical and sensitive lands, like wetlands, floodplains, and
watercourses.
b. Encouraging compatibility with the natural potential of an area.
c. Preventing cumulative degradation of natural resources that are impacted on- or off-site.
d. Encouraging multi-purpose open space areas that consider design elements like
stormwater facilities, parkland dedication, sensitive lands protection, water
conservation, and more.
e. Safeguarding public health and safety, and public and private infrastructure from
proposed land use changes that may result in increased flood potential, erosion, or
water quality degradation.
Article 2. - ZONING DISTRICTS
DIVISION 38.240. - SPECIAL DISTRICTS
Section 38.240.030. - Water resource overlay district.1
Purpose
1. The water resource overlay district designation provides a framework for protection of Article 6
lands. The water resource overlay district (WROD) implements the Bozeman Community Plan
Theme 4, A City influenced by our natural environment, parks, and open lands, as well as Federal
1This language is directly adapted from the first section of Chapter 17.49 - NATURAL RESOURCE OVERLAY DISTRICT in the Oregon City,
OR Municipal Code to be provided as an example. Not all of the language in the section is included for brevity sake. Other case studies
should be considered and investigated to inspire implementation of an overlay district that works in Bozeman.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
Clean Water Act requirements for shading of streams and reduction of water temperatures, and
the recommendations of the Sensitive Lands Plan. It is intended to resolve conflicts between
development and conservation of habitat, stream corridors, wetlands, and floodplains identified
in the city's maps. The WROD contributes to the following functional values:
a. Protect and restore streams and riparian areas for their ecologic functions and as an
open space amenity for the community.
b. Protect floodplains and wetlands, and restore them for improved hydrology, flood
protection, aquifer recharge, and habitat functions.
c. Protect upland habitats, and enhance connections between upland and riparian habitat.
d. Maintain and enhance water quality and control erosion and sedimentation through the
revegetation of disturbed sites and by placing limits on construction, impervious
surfaces, and pollutant discharges.
e. Conserve scenic, recreational, and educational values of significant natural resources.
The WROD ecological functions listed above are planned for integration with existing neighborhoods,
new residential and commercial developments. The long-term goal of the WROD is to restore and
enhance stream corridors, wetlands, and forests to more natural vegetated conditions, recognizing that
existing homes and other existing uses will continue in the district.
Article 5. - PROJECT DESIGN
DIVISION 38.500. - INTRODUCTION
Sec. 38.500.010 - Purpose.
This article implements Bozeman's land use plan. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of development
projects in Bozeman;
B. Provides guidance to safeguard our shared natural resources, such as wetlands and
watercourses.
C. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman
D. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
E. Ensures that new developments within existing neighborhoods are compatible with, and
enhance the character of Bozeman's neighborhoods;
F. Promotes an increase in walking and bicycling throughout the City;
G. Enhances the livability of Bozeman's residential developments;
H. Maintains and enhances property values within Bozeman.
DIVISION 38.510. - SITE PLANNING AND DESIGN ELEMENTS
Sec. 38.510.010. - Purpose.
A. Preserve and protect the public health, safety, and welfare of the citizens of Bozeman.
B. To promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping,
and amenity elements that enhances Bozeman's visual character, promotes compatibility
between developments and uses, and enhances the function of developments.
C. Protect our natural resources by identifying site constraints to maintain ecological function and
services like aquifer storage, flood control, water conveyance, nutrient filtration, and provide for
fish and wildlife habitat.
D. Also see the individual "intent" statements for each section in this division
Sec. 38.510.020. - Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single-, two-, three-, and
four-unit dwellings, townhouses, and rowhouses with four or fewer dwelling units on individual lots. The
excepted dwellings are subject to the form and intensity standards in article 2 and natural resource
protections in Article 6. Also:
Section 38.510.0X0. - Land Constraints and Sensitive Lands Protection.
A. Intent
a. Maintain ecological function and services such as aquifer storage, flood control, water
conveyance, pollution removal, and fish and wildlife habitat.
b. Protect public health and safety from proposed land use that may result in flood risk,
increased erosion, water quality degradation, and decreased recreational opportunities.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
c. Mitigate adverse impacts to public and private infrastructure from increased flood or
erosion risk due to land use change.
d. Comply with the community’s value of clean and abundant water, wildlife habitat,
agricultural lands, and open space to ensure development proposals align with the
vision of our City.
e. Safeguard lands which build resilience in a changing climate, buffering our communities,
infrastructure, fish and wildlife, and agricultural producers from flood or drought
impacts and increased temperatures.
f. Align parklands and open space dedication with valued sensitive lands to provide public
access to natural areas.
g. Steward the waters that pass through the City so they can serve the greater Gallatin
Watershed community of people and wildlife.
For additional regulations pertaining to natural resources, see Article 6.
Article 7. - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DIVISION 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.700.170. - Development review committee (DRC) and administrative design review staff (ADR).
A. Development review committee procedures established.
1. The DRC must at a minimum be composed of the following personnel: city engineer, fire
marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, water resource specialist, the community development director and the
building official, or designees thereof, and other such personnel as the community
development director deems necessary.
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org