HomeMy WebLinkAbout09-18-25 Public Comment - Bozeman Tree Coalition - Fwd_ UDC Update_ Bozeman Tree Coalition, Abbreviated Suggestion DocumentFrom:BozemanTreeCoalition
To:Terry Cunningham; Bozeman Public Comment; Douglas Fischer; Emma Bode; Joey Morrison; Jennifer Madgic;Erin George; Chuck Winn
Subject:[EXTERNAL]Fwd: UDC Update: Bozeman Tree Coalition, Abbreviated Suggestion Document
Date:Thursday, September 18, 2025 10:49:12 AM
Attachments:Abbreviated Version of BTC suggestions for UDC Update - Google Docs.pdf
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Dear Commissioners, Manager Winn, and Director George,
The BTC is forwarding this September 8, 2025 email to you in case the first email got lost inthe shuffle. As one of your active volunteer community groups, the BTC looks forward to
your response to their invitation to have a brief in-person meeting to discuss potential UDCcode updates.
Thank you in advance,
Bozeman Tree Coalition Co-founders:Marcia KaveneyDaniel CartyAngie KociolekApril CraigheadLara SchulzChris McQueary
---------- Forwarded message ---------From: BozemanTreeCoalition <bozemantreecoalition@gmail.com>Date: Mon, Sep 8, 2025 at 9:44 PMSubject: UDC Update: Bozeman Tree Coalition, Abbreviated Suggestion DocumentTo: City of Bozeman <comments@bozeman.net>, Jennifer Madgic <jmadgic@bozeman.net>,Douglas Fischer <dfischer@bozeman.net>, Emma Bode <ebode@bozeman.net>, JoeyMorrison <jmorrison@bozeman.net>, Terry Cunningham <tcunningham@bozeman.net>Cc: Chuck Winn <cwinn@bozeman.net>, <egeorge@bozeman.net>
Dear Mayor, Deputy Mayor, Commissioners,
Thank you for your thoughtful discussion about trees, natural resources, existing
plans, and future direction during the August 19th, 2025, City Commission (CC)
meeting on the Environment and the UDC Update.
The Bozeman Tree Coalition (BTC) agrees with city staff (Staff) and the CC that
discussion about regulating trees on private property not undergoing development
review can wait for the Urban Forest Management Plan update or during a future
Heritage Tree Program discussion. For clarity, please note the BTC has never made
any suggestions for regulating trees on private property that is not undergoing
development review in this or in the original BTC submission.
Upon review of the August 19th CC meeting, BTC heard the following comments
and/or interest by the commissioners:
Commissioners Madgic and Bode both expressed interest in incorporating some
of the BTC edit suggestions into the UDC update now.
Mayor Cunningham requested bullet points from the public for information they
would like to see earlier in the development application and review process, and
expressed interest in knowing what is on a proposed development site now and
what could be incorporated into the design.
Commissioner Fischer agreed with BTC that plans in general are aspirational
and don't have teeth, and that protections belong in codes. He also expressed
an opinion that the City has a lot of plans to work with already. He also
expressed an interest in balancing natural resource regulations with "a property
owner's ability to economically access that property" (BTC has addressed the
latter in the 38.540 edits).
Deputy Mayor Morrison and Mayor Cunningham said they were conflicted about
whether or not enough or the right information was being collected with
development reviews.
To address these comments and requests, the BTC has produced an amended
version of the original BTC submission for the UDC update. This amended version
eliminates all text suggestions except (1) 38.540 Landscaping which was referenced
for public review in the UDC Chat Toolkits, (2) minor text edits to the existing
development review codes to add strength and clarity, and (3) minor text edits to
add clarity to existing public tree protections in boulevards or near intersections. In
addition to some commissioner support, all of the suggested edits are supported by
existing City plans which is explained in the attached document.
The BTC proposes an in-person meeting, lasting no more than an hour, with a BTC
core member, staff person, and interested commissioner to discuss the inclusion of
these minor edits in the UDC Update due to the expressed interest in the above
topics by City Commissioners and the inclusion of 38.540 Landscaping in the UDC
Chat Toolkits. Not only would this expedite the editing process, it would also provide
an opportunity for the City and BTC to build a working relationship for future code and
plan updating efforts.
Since the topics listed above were discussed but not voted on, would a meeting
between a City partner such as BTC and the City Commission require a place on an
upcoming agenda to be approved or can such a meeting take place with an email
approval by at least 3 city commissioners?
With the ever-shortening timeline for the UDC update, the BTC would prefer to meet
before the September 23rd, 2025 City Commission meeting in order to allow Staff
adequate time to incorporate the edits in advance of the draft reveal in November.
Failing that, anytime in September or early October would also work for us.
Please contact the BTC at your earliest convenience to indicate your interest in such
a meeting, whether or not it requires an action item, and possible dates and times to
meet. BTC co-founders look forward to an opportunity to work with city staff and
commissioners.
Thank you in advance for considering the BTCs comments and proposal to meet in
person.
Bozeman Tree Coalition Co-founders:Marcia KaveneyDaniel CartyAngie KociolekApril CraigheadLara SchulzChris McQueary
September 9, 2025
Abbreviated Version of Bozeman Tree Coalition (BTC) suggestions for the UDC Update:
The following abbreviated version of the Bozeman Tree Coalition’s May 2025 submission for the
Unified Development Code (UDC) Update is a response to the City Commission’s discussion at
the August 19th, 2025 work session on the Environment and UDC Update.
The BTC has removed all text suggestions except the following;
(1) 38.540 Landscaping which was included in the UDC Chat Toolkits,
(2) Minor text edits to existing Chapter 38 development review codes to add strength and clarity,
and
(3) Minor text edits to add clarity to existing public tree protections.
The following suggestions address existing codes only and do not pertain to private trees on
private property not undergoing development review.
The 38.540 Landscaping section was selected by staff to be included in the UDC Chats, therefore
it would stand to reason that text suggestions would be welcomed by staff and incorporated, if
reasonable, in the UDC update.
In addition to commissioner interest, support for the following BTC edit suggestions can be
found in the 2016 Urban Forestry Management Plan which states on page 9, “The urban forest
must be thought of as an essential component of Bozeman’s infrastructure and must be included
in the planning of Bozeman’s growth and development.”(Emphasis by BTC)
These edits are also supported by the Bozeman Community Plan 2020 in goals EPO-1.5, “Work
with partner organizations to identify and reduce impacts on at-risk, environmentally sensitive
areas that contribute to water quality, wildlife corridors, or wildlife habitat, specifically wildlife
habitat as we continue outward growth.”; and goal EPO-2.3, “Identify, prioritize, and preserve
key wildlife habitat and corridors.” BTC’s suggestions for text clarity during development review
will help move the City towards those goals.
The Mayoral Proclamation for Arbor Day 2025 also emphasized the importance of trees for
ecological and health benefits, enhancing economic vitality, and community beautification.
The Bozeman Tree Coalition (BTC) has carefully reviewed the proposed UDC changes, and
recommends the following changes to better protect, conserve, 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 as outlined above. City commissioners
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and staffers have frequently mentioned 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.
Please use the following legend when reading the document. BTC comments in bold and italics
can be found throughout this revised submission in order to help provide context.
Note: Codes are no longer listed in order of appearance in the UDC update draft but rather in
order of perceived priority of staff and commission and interest of BTC.
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 .
Divisions and sections are in bold for ease of reference.
Unchanged draft text has been omitted except to give context and location for our comments.
* Indicate new terms with definitions found in Division 38.800 Terms and Interpretation.
2
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
pertinent to the public interest, health and welfare that Bozeman’s unique natural beauty and
environment be protected through preservation and enhancement 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 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, but not limited to, 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;
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Division 38.540. – Landscaping
Sec. 38.540.010.- Purpose and intent (cont’d.)
H . I. To enhance the appearance of the entryways into the city by providing high-quality
landscaping which complements architecture;
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 .
(BTC consulted with a retired ISA Certified City Arborist, to rewrite the introductory
paragraph of 38.540 using the existing language but adding clarity and emphasis on
protecting the City’s natural environment while also respecting private property rights.)
4
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,
h . rock outcrops,
i. large wooded areas – groups of 20 or more mature trees,
j. small wooded areas- groups with fewer than 20 mature trees,
k. location of individually occurring mature trees outside of wooded areas
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.
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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, wildlife corridors, etc.);
(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;
12. Wildlife
Describe key all wildlife habitat issues present or that may be associated with the proposed
subdivision. 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 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, wildlife corridors, wildlife cover , both during construction
and at full build-out, taking any applicable fish and wildlife habitat standards into account.
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Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
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….
5. Vegetation.
b. Protective measures. Describe measures to preserve and protect (1) existing trees and (2)
critical plant communities (e.g., design and location of streets, lots and open spaces).
(BTC recommends separating the two requests in 5.b. for clarity for both the developer and
city staff. )
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;
(BTC recommends including general wildlife in 6.a. so staff get information about the bigger
picture of existing conditions during a development review.)
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,
(4) Documentation of all of the above (1-3) must be included for each separate habitat area to be
damaged or removed.
(BTC recommends this addition so different habitats are not lumped together as one. Ex.
There may be tree habitat as well as wetland habitat which have different management needs.)
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Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
Sec. 38.710.050. - Documentation of compliance with adopted standards. (cont’d)
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 Adopted Standards.
(BTC suggests the addition of 11.b.3. to help assure reviewers and the public that future
streets are not in direct conflict with existing urban forest and wildlife habitat.)
14. Parks and recreation facilities.
a. Park plan.
A park plan, including:
(5) The location of any critical or sensitive lands per the SLPP and existing natural habitat
(wetlands, riparian areas, streams, groups of trees, established vegetation such as hedgerows ,
etc.) and location of watercourse setbacks and any permits from non-city agencies required to
execute the proposed plan;
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Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
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.
(In this code, BTC has suggested the separation of irrigated and un-irrigated open space
for clarity in the application both for staff , developers, and the public.)
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Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
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 and/or semipublic open space,
(d) Irrigated Landscaped areas (indicate public or private)
(e) Recreational use areas, additional parks, school sites, etc.
(f) Seasonally wet areas or wetlands
(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:
(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:
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Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
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
existing and proposed streets and alleys, utility easements, utility lines, drive aisles and
sidewalks on the lot and /or adjacent to the lot.
Division 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS
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.
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Division 38.740 Plan Review.
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:
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;
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 );
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.
(BTC suggests these additions for added clarity to the developer and direction on where to
find additional information about preservation or replacement of natural vegetation in the
UDC and municode.)
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Minor Edit Suggestions for Public Trees:
(BTC makes the following suggestions for added clarity and enforceability, as well as
enhanced protections for public trees.)
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 38.400. – 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 features such as surface
landforms, water, and trees. In no case may the angle of an intersection be less than 60 degrees
to the centerline of the street or road being intersected.
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Division 38.400.- Transportation Facilities and Access.
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.
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