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HomeMy WebLinkAbout23309 Wetlands Public Notice Web Ad 7-23-2025PUBLIC NOTICE OF ZONING TEXT AMENDMENTS The City of Bozeman provides notice of a proposal to amend its land use regulations, Chapter 38 of the Bozeman Municipal Code (BMC), to revise standards and submittal requirements affecting wetlands and watercourses. The amendment applies to new development and applies to projects undergoing development review under Chapter 38 of the City’s Unified Development Code (UDC). The amendment would repeal and replace UDC Section 38.220.130 (Submittal materials for regulated activities in wetlands), Section 38.410.100 (Watercourses), and Division 38.610 (Wetlands) in their entirety and would at the same time replace it with a new set of standards and submittal requirements. Sections 38.700.190 (U Definitions) and 38.700.120 (W Definitions) will be amended. The new text will do the following: Section 38.220.130. Submittal materials for review of activities in or adjacent to wetlands and watercourses. This section establishes the type and scope of materials that must be submitted as part of a development application to show how the proposed application meets required standards. Required submittal materials include: maps and narratives; locations of wetlands and watercourses; expected impacts if any, and a statement of how impacts will be avoided or mitigated; identification if the wetlands are under the jurisdiction of the US Army Corps of Engineers; and identification of any agricultural water user facilities on or adjacent to the site. Section 38.410.100. Watercourse setback. This section classifies different watercourses in the community and establishes minimum required setbacks from the watercourse. This process is integrated with the City’s floodplain and wetland regulations. The section identifies when watercourse crossings may be allowed, what activities are permissible within the watercourse setback, establishes planting requirements, and allows for maintenance and weed control. The section also creates a departure from code requirements to modify the setback under defined conditions and to limited scope and establishes criteria to evaluate when such a departure is allowable. Division 38.610 Wetlands. This division coordinates the City’s wetland standards and process with the jurisdiction of the US Army Corps of Engineers who manage federal wetland regulations. It establishes the applicability of the regulations and methodologies for wetland delineation and documentation. It establishes options to avoid wetland impacts in order of priority, with mitigation as a less preferred alternative than avoidance of impact, and lists options for mitigation. The section identifies activities within wetlands which require a permit and those which do not. The proposed text establishes review procedures, coordinates with regulations for watercourses, and authorizes imposition of conditions of approval Section 38.700.190 U Definitions. Specify term for reference to the United States Army Corp of Engineers. Section 38.700.210 W Definitions. Clarify definition of Wetland and create definitions of Watercourse Setback and Wetland Buffer. The proposal may be revised as the public review process proceeds. Public meeting and public hearing dates: On Monday, August 18, 2025, at 6:00 p.m., the Community Development Board acting in their capacity as the Zoning Commission will conduct a public hearing on amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. A report from the staff analyzing compliance with all required criteria will be included with the packet materials available through the electronic agenda. On Tuesday, September 9, 2025, at 6:00 p.m., The City Commission will conduct a public hearing on amendments to the municipal code in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic participation may also be available. Instructions for participating remotely will be included on the meeting agenda. The agenda is available at https://www.bozeman.net/meetings at least 48 hours prior to the meeting. At the September 9, 2025, public hearing the City Commission may act to approve, modify, or reject the proposal or continue the public hearing to another date. The City Commission may revise any of the proposed actions referred in this notice during the public hearing process. The Ordinance will be subject to provisional and final adoption and during this process the public will have the opportunity to comment at these City Commission meetings in person or in writing. Revisions may be made prior to provisional or final adoption as directed by the City Commission. State law: This application is evaluated against the requirements and purposes of zoning review found in state law in Section 76-2-304, Montana Code Annotated. Approval or contingent approval may be granted if the City Commission determines all criteria are met. How to view the proposed code changes: 1. The complete text may be reviewed at the Department Community Development, 20 E Olive Street, Bozeman MT 59715. 2. The public may also access the proposed text amendments at the Bozeman Public Library, 626 E. Main Street, at the Reference Desk or on the project website at https://engage.bozeman.net/wetlands. 3. The complete text of the proposal is available digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal. Select ‘Project Documents’ and navigate to application 23309. 4. The proposed ordinance and supporting information will also be attached to the above listed meeting agendas available at https://www.bozeman.net/meetings. How to comment: The public may comment orally at the public hearings or in writing at or prior to the public hearings regarding compliance of this application with the required criteria. Comments should identify the specific criteria of concern along with facts in support of the comment. During the notice period the City will continue review for compliance with applicable regulations. The city invites the public to comment in writing and to attend the public hearings. Written comments may be directed to by email to comments@bozeman.net or by mail to the City of Bozeman, Department of Community Development, PO Box 1230, Bozeman, MT 59771-1230. Please reference application 23309 in all correspondence. The City will accept written protests from property owners against the proposed text amendments referred to in this notice until the close of the September 9, 2025, public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within city limits affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged (including the application number, 23309); and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. For those who require accommodations for disabilities, please contact David Arnado, City of Bozeman ADA Coordinator, 582-3232.