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HomeMy WebLinkAbout01-09-25 Public Comment - K. Berry, Gallatin Watershed Council - Recommendations for 2026-2028 Commission Priority SettingFrom:Katherine Berry To:Emma Bode; Joey Morrison; Jennifer Madgic; Alison Sweeney; Douglas Fischer; Bozeman Public Comment Cc:Holly Hill; Lilly McLane Subject:[EXTERNAL]Recommendations for 2026-2028 Commission Priority Setting Date:Friday, January 9, 2026 3:29:47 PM Attachments:FINAL 2026 List of Commission Priorities (1).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. Hello everyone, Happy Friday! Please see the attached recommendations from the Gallatin Watershed Council for the 2026-2028 Commission Priorities. We're excited about the work the City is already doing in the world of water, namely theIntegrated Water Resources Plan, Cattail Creek Corridor, and Bozeman Creek Vision Plan. These efforts are important to continue supporting, while also working to support advances in water management that we've made in recent years. Our recommendations for priority settingaim to build on existing momentum by following up on updates from the Stormwater Facilities Plan and the Unified Development Code. Please feel free to call or email with any questions, and have a great weekend! Best,Katherine -- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org Cell: 860-558-3323 Recommendations for 2026-2028 Commission Priority Setting 1. Create a wetland and watercourse on-site mitigation manual In the 2025 Wetland and Watercourse Code update, the City of Bozeman prioritized impact avoidance first, followed by minimization and local mitigation. The update also established a mitigation hierarchy that favors on-site mitigation when feasible, then mitigation within the Gallatin Watershed, and finally the Upper Missouri Watershed. This represents a meaningful shift away from reliance on private wetland banks in the Jefferson Watershed and toward maintaining the functions and values of streams and wetlands within our community. To implement this approach successfully, developers and City staff need clear, practical guidance on how to carry out on-site mitigation. While the code establishes what is required, additional detail on how to implement these requirements would support consistent, predictable outcomes aligned with the intent of the update. Because mitigation strategies are inherently site-specific, a manual could outline standardized procedures for assessing impacts, quantifying credits, and applying best management practices to generate on-site credits through stream and wetland enhancement. The City already provides similar guidance for other complex, context-dependent requirements, such as stormwater facilities, through the Stormwater Facilities Plan and the Montana Post-Construction Stormwater BMP Design Guidance Manual. Other jurisdictions offer useful models. For example, the State of Washington has developed mitigation policy and guidance to improve the quality and effectiveness of compensatory wetland mitigation statewide. A comparable Bozeman-specific manual could strengthen local implementation and position the City as a leader, potentially informing similar efforts by other municipalities, counties, or the state as wetland management increasingly shifts toward state and local regulatory frameworks. HYPERLINKED RESOURCES: - Washington State Mitigation Manual 2. Build internal capacity to support wetland and watercourse regulation enforcement Building internal capacity to support wetland and watercourse regulation and enforcement throughout the development process will actualize the intent of the code’s protection of these resources. The Gallatin Watershed Council guides collaborative water stewardship in the Gallatin Valley for a healthy and productive landscape. www.gallatinwatershedcouncil.org Currently, enforcement of wetland and watercourse regulations on the ground is lacking. When unauthorized impacts occur, such as unpermitted fill or disturbance, there is no clearly defined process, dedicated staff capacity, or enforcement mechanism to ensure timely investigation, compliance, or penalties. It is unclear which City division has responsibility to monitor construction activities that affect natural resources, respond to reported violations, conduct site inspections, and determine enforcement authority. Enforcement challenges can also originate earlier in the development review process. While the updated Code requires wetland delineations and letters confirming the absence of wetlands to be prepared by qualified wetland professionals, final determinations regarding avoidance, minimization, and mitigation rest with the “review authority.” Interpreting this technical information requires specialized expertise. Third-party consultants are sometimes engaged, but their role, timing, and influence in the review process are not clearly defined. We recommend the City invest in dedicated internal expertise to support both development review and enforcement related to streams and wetlands—similar to the technical oversight provided for roads, buildings, and stormwater infrastructure. Providing staff capacity to evaluate delineation reports, setback deviation requests, and mitigation proposals, and to advise decision-makers during Commission hearings, would improve consistency, accountability, and outcomes. This need is already identified in both the PRAT Plan and the Sensitive Lands Plan and represents a practical step toward effective natural resource stewardship as Bozeman grows. HYPERLINKED RESOURCES: - Sensitive Lands Protection Plan (1.4.2) - Parks, Recreation and Active Transportation Plan (4.6) 3. Update watercourse setbacks for greenfill development to reflect the best available science Bozeman’s watercourse setbacks have not been updated since 2002 and are substantially narrower than science-based recommendations identified in the Watercourse Commons Report, developed through the Gallatin Water Collaborative. These recommendations reflect the setback widths needed to maintain critical riparian functions, including flood control, groundwater recharge, water quality protection, and fish and wildlife habitat—services vital to our ability to build, live, and thrive in the Gallatin Valley. We recognize we are in an urban area where we want to encourage development so we are not sprawling into agricultural land connectivity, open space, and wildlife corridors in the county. The Gallatin Watershed Council guides collaborative water stewardship in the Gallatin Valley for a healthy and productive landscape. www.gallatinwatershedcouncil.org Considering new setbacks for greenfill development would still encourage urban-centric growth while protecting watercourses that have not yet been urbanized. At the Community Development Board adoption hearing of the Wetland and Watercourse Code updates on September 8th, board members made an amendment to accept the setbacks that they received from the Gallatin Watershed Council on greenfield development. On September 9th, the Commission was advised by staff not to consider the amendment due to the potential changes not having adequate public notice and being outside the scope of the update. In contrast, Gallatin County has since adopted the recommendations from the Watercourse Commons Report through its 2024 Future Land Use Plan and 2025 Subdivision Regulations, which now limit riparian vegetation removal within designated setbacks. Updating City setbacks for greenfield development would align Bozeman’s regulations with County standards and provide a consistent, forward-looking framework for protecting streams as annexation continues. HYPERLINKED RESOURCES: - Watercourse Commons Report - Gallatin County Subdivision Regulations (6-1, 6-2) 4. Support coordinated management of irrigation infrastructure The irrigation ditch network is a vital system that delivers water to farms and ranches while also helping mitigate flooding. However, the pace of development, physical alterations to ditches, and increased stormwater inputs following land use change have made management of this infrastructure more complex. Prioritizing coordination with local partners and irrigators, such as the Association of Gallatin Agricultural Irrigators (AGAI), would allow the City to build on momentum from the Stormwater Facilities Plan and UDC updates, improve regulatory clarity, and continue strengthening relationships and trust with key stakeholders. The Gallatin Water Collaborative convened an Open Channels Working Group to provide recommendations related to protecting ditch infrastructure and water conveyance functions. The group brought together technical experts with generational knowledge and decades of experience working at the intersection of water and agriculture in the Gallatin Valley. Through their engagement in the UDC and Stormwater Facilities Plan updates, the working group sought to clarify and strengthen protections for irrigators. During these processes, City staff noted that many ditch-related recommendations would be better addressed through a separate, targeted effort due to their broader implications. This engagement demonstrated clear City and community interest in better understanding how irrigation ditches function and how they The Gallatin Watershed Council guides collaborative water stewardship in the Gallatin Valley for a healthy and productive landscape. www.gallatinwatershedcouncil.org are affected by stormwater, floodwater, and development. Advancing this work would provide a timely, coordinated path forward to protect ditch water conveyance and water quality as Bozeman continues to grow. HYPERLINKED RESOURCES: - Open Channels Public Comment: Creation of Open Channels Program - Ditches Policy Memo The Gallatin Watershed Council guides collaborative water stewardship in the Gallatin Valley for a healthy and productive landscape. www.gallatinwatershedcouncil.org