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Home My WebLink About11-24-25 Public Comment - K. Berry - Unified Development Code Public CommentFrom:Katherine Berry To:Bozeman Public Comment Subject:[EXTERNAL]Unified Development Code Public Comment Date:Friday, November 21, 2025 11:35:26 AM Attachments:25.11.21 GWC Public Comment- UDC.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for your consideration, please see the attached from the Gallatin WatershedCouncil. Best, Katherine-- Katherine Berry, Water Policy Manager Gallatin Watershed Council www.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.orgCell: 860-558-3323 To: City of Bozeman Commissioners From: Gallatin Watershed Council Date: November 21st, 2025 Re: September 19, 2025 Unified Development Code Draft Dear Commissioners, Thank you for your work on the Unified Development Code Update and the continued opportunity for public participation. The Gallatin Watershed Council has been engaged in this process since 2023, offering collaboratively developed recommendations to help ensure that the stewardship of streams, wetlands, and ditches is a clear and consistent priority in the development process. Our organization has previously submitted recommendations throughout the public engagement process that we do not see reflected in the current draft. We believe there are still actionable and important changes that would improve the clarity, consistency, and predictability of the code. To support the final push to update the UDC, we have consolidated our earlier recommendations into Appendix A. Although not new, these recommendations remain valid to steward our water resources in a way that supports smart growth. The City has undertaken significant efforts to better manage our water resources: updating the Integrated Water Resources Plan to anticipate future supply needs, participating in the Watershed Drought and Deluge Adaptive Management Plan to support collaborative supply management, and adopting the PRAT Plan to thoughtfully integrate our waterways into parks and open space. Regulatory protection, paired with well-written development codes, are the most important allies to the success of these plans. All of these long-range documents are built on today's conditions and the current functions and values of wetlands, streams, riparian areas, and the ditch system. But, if we continue to pipe and abandon ditches, confine streams, and fill or fragment wetlands, we undermine the ability of these natural systems to be partners in a resilient and beautiful future. We hope you will take advantage of the opportunity in front of you to make this code the best it can be. We need a forward thinking, visionary, strong code to support us. Thank you for your attention to these comments, and for your ongoing work to ensure Bozeman’s development review process reflects the intent of the code and protects our shared resources. Sincerely, 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. ARTICLE 1. - GENERAL PROVISIONS Division 38.100. - In General; Sec. 38.100.040. - Intent and purpose of chapter. 1. Include a clear commitment to protecting sensitive lands, including streams and wetlands, in the interest of watershed health and the public welfare of Bozeman residents. The section should also state that the City encourages development that fits with the natural capacity of a site and provides multi-functional open space. ARTICLE 4. - COMMUNITY DESIGN Division 38.410. - Community Design And Elements; Sec. 38.410.020. - Community focal point 2. Reintroduce language noting that stormwater facilities have the potential to be a community amenity: “The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed and approved by the review authority.” Division 38.420. - Park and Recreation Requirements; Sec. 38.420.010. - General. 3. Include natural resource stewardship as a park priority. Adapt language from the PRAT Plan, which seeks to strengthen the City’s participation in actively protecting and managing sensitive lands “in order to adapt to climate change, sustain ecosystem services, and provide for the recreational use and enjoyment for generations to come.” Division 38.420. - Park and Recreation Requirements; Sec. 38.420.020. - Park area requirements. 4. Incentivize wetlands and watercourses to be designed appropriately for multi-use park space and accepted as parkland dedication, as is allowed in Division 38.620. - Watercourse Setbacks. 5. Remove “Required watercourse setbacks unless approved by the review authority for incorporation into the design of the larger park area” from the list of lands unacceptable for parkland dedication. 6. Incentivize stormwater facilities to be designed appropriately for multi-use park space and accepted as parkland dedication. ARTICLE 5. - PROJECT DESIGN Division 38.500. - Introduction, Sec. 38.500.010 - Purpose. 7. Include natural resource stewardship as a priority in site design. Water resources are not outlined in any of the divisions or sections under Article 5. Wetlands, wetland buffers, watercourses, watercourse setbacks, and ditches should be a clear site constraint. Without mentioning these in project design, we lose intention of maintaining the benefits of these sensitive lands. Division 38.540. - Landscaping, Sec. 38.540.010 - Purpose. 8. Include stewardship of riparian areas and wetlands as a priority in landscaping considerations. ARTICLE 7. - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.030 Subdivision pre-application submittal materials. 9. Require the submission of an aquatic resource delineation report at pre-application. This allows for significant site constraints to be identified early, ensuring that impact avoidance is prioritized from the outset. At this stage, developers are already submitting their Subdivision Layout, Development Plan, and Parks Concept Plan. Ideally, the delineation should occur before time and money are invested in these elements to avoid costly redesigns; at a minimum, it should be required alongside them, rather than afterward. Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.050 Documentation of compliance with adopted standards. 10. Standardize terminology for mapping aquatic resources and consolidate reporting requirements. These sections require developers to map and describe aquatic resources using inconsistent terminology such as “natural water systems,” “artificial water systems,” “wetlands,” “hydric soils,” and “critical areas.” All of these features are covered by an aquatic resource delineation report, which should be required at pre-application and referenced in all subsequent submittal materials. 11. Require a wetland and watercourse setback planting plan. Current planting and landscaping requirements are scattered across the Code—Division 38.620 (Watercourse setback), Sec. 38.710.060 (Final Plat), Sec. 38.710.070 (Site Plan), Sec. 38.710.090 (Landscape and Irrigation Plans), and Sec. 38.710.120 (Wetland activities). These should be aligned to eliminate duplication and ensure consistency in timing and scope. Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.060 Final plat. 12. Standardize terminology for mapping aquatic resources and consolidate reporting requirements consistent with Recommendation #10. 13. Require the submission of written consent from the holder of any canal or ditch easement if the development proposes to interfere with the easement. Under MCA 70-17-112, interference with canal or ditch easements is prohibited unless the holder consents in writing. Match the UDC language to MCA and require written consent prior to subdivision approval. Although final plat requirements include listing easements for agricultural water user facilities (Sec. 38.410.060), the submission of written consent is not currently specified. Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.070 Site plan submittal requirements. 14. Standardize terminology for mapping aquatic resources consistent with Recommendation #10. The section requests mapping of “surface water, including holding ponds, streams, irrigation ditches, watercourses, water bodies, and wetlands.” These features are already documented in an aquatic resource delineation, which should have been completed in a prior subdivision or early in site planning at conceptual review. 15. Require a wetland and watercourse setback planting plan as outlined in Recommendation #11 16. Require written consent from the holder of any canal or ditch easement if the project proposes to interfere with it, consistent with Recommendation #13. Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.100 Sketch plan submittal requirements. 17. Require the submission of an aquatic resource delineation report consistent with Recommendation #9. Several elements outlined in this section—such as street and alley frontages, street trees, water and sewer locations, sidewalks, parking areas, and building placement—should be informed by accurate mapping of streams and wetlands. These features should be established through an official delineation conducted early in the process. 18. Standardize terminology for mapping aquatic resources consistent with Recommendation #10. Division 38.710. - Submittal Materials and Requirements, Sec. 38.710.120. - Submittal materials for review of activities in or adjacent to wetlands and watercourses. 19. Ensure required submittal materials outlined in this section are linked to the stages of development review and there is consistency across the Code. Requiring early-stage submission (Pre-Application, Preliminary Plat, or Site Plan) of materials necessary to evaluate potential impacts to wetlands and watercourses—such as delineation reports, mitigation concepts, and proximity mapping—so that these resources can meaningfully inform site design and layout decisions (Recommendation #9).