HomeMy WebLinkAbout20250909 CC Wetlands Ord presentationTuesday, Sept 9, 2025 City CommissionWetlands and Watercourse StandardsRepeal and Replacement Zoning Text Amendment1
Ordinance SummaryAmending Sec. 38.220.130. Submittal materials for review of activities in or adjacent to wetlands and watercourses.Replacing Sec. 38.410.100. Watercourse setback.Replacing Division 38.610, Wetland RegulationsAmending Section 38.700.210 W Definitions
Change SummaryRespond to change in federal regulations (Sackett).Better coordination across related topics.Increased emphasis on avoidance of impacts.Improve clarity and local relevance of mitigation options.Improve clarity and scope of required information for applications.
Public Participation for this text amendmentoJuly 25, 2023, City Commission Work SessionoEngage Bozeman website createdoWritten comments acceptedoOctober 5, 2023, Public information sessionsoNovember 6, 2023, Community Development BoardoMarch 13, 2025, Open HouseoSept 8, 2025, Community Development BoardoSept 9, 2025, City Commission4
LocationProcessesUsesForm and IntensityNCODUtilitiesParksAffordable HousingNatural ResourcesTransportLandscapeCommunity DesignChpt. 38 Unified Dev. Code Elements
A. Be in accordance with a growth policy.B. Secure safety from fire and other dangers. C. Promote public health, public safety, and general welfare.D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements.E. Reasonable provision of adequate light and air.F. The effect on motorized and non-motorized transportation systems.G. Promotion of compatible urban growth.H. Character of the district.I. Peculiar suitability for particular uses.J. Conserving the value of buildings.K. Encourage the most appropriate use of land throughout the jurisdictional area.Sec. 76-2-304, MCA (Zoning Criteria) pp. 6-10 of staff report6
Public CommentRecommendations• Staff finds the ordinance meets criteria for approval.• Sustainability Board recommended favorably.• Community Development Board recommended favorably with amendment• Written comments received on this application. Link provided in staff report. 7
Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23309 and move to recommend adoption.8
Project Background• 2022: City Commission sets goal to support creation of local wetland bank• Staff proposed to amend mitigation requirement in Wetland Code (38.610) • 2023: Staff completes draft code revision and presents to advisory boards and Commission• City Commission pauses project and directs staff to expand scope and engagement• 2024: Staff hires William Kleindl, PhD, PWS for consultant support• 2025: Staff completes replacement of Wetland and Watercourse code utilizing Kleindl recommendations and public engagement9
Post-Sackett Wetland Analysis Results10
Policy Intent• Enhance the protection of aquatic resources in a manner that is compatiblewith sustainable urban development• Mitigate any unavoidable impacts to aquatic resources locally11
Overview of Substantive Revisions• Sec. 38.220.130 Submittal materials• Completion of Wetlands and Watercourses Delineation Report• Certification by qualified wetlands professional if no wetlands and watercourses are found• Approved Jurisdictional Determination• Mapping completed by licensed surveyor• Narrative description of demonstrated avoidance, minimization, and mitigation12
Overview of Substantive Revisions• Sec. 38.410.100 Watercourse setback• Encourages integration of watercourse setbacks with parklands and open space requirements• Establishes criteria for relief• Applies 50’ setback to all wetlands adjacent to watercourse13
Overview of Substantive Revisions• Sec. 38.600 Wetlands regulations• Encourages integration of wetlands with parklands and open space requirements• Removes confusion over applicability to “wholly manmade” water sources• Establishes 5-yr maximum for delineation reports• Codifies requirement of demonstrated avoidance and minimization• Protects wetlands under 400 sf when part of mosaic• Sets minimum buffer (10’) with authority to expand• Clarifies approval authority:• Demonstration of minimization• Demonstration of minimal impairment14
Overview of Substantive Revisions• Sec. 38.610.100 Wetland mitigation• Establishes prioritization of mitigation:• On-site where technically feasible• Purchase of credits from wetland bank within East Gallatin and Gallatin watersheds• Proportional payment to in-lieu mitigation provider for project within Gallatin watershed• Purchase of credits from regional wetland bank15
Recommended Motion: Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 23309 and move to recommend adoption.16