HomeMy WebLinkAbout01-22-26 Correspondence - Gallatin Conservation District Est. 1949
Bozeman City Commission �l!�� Conservation
121 N Rouse Ave. J
Bozeman,MT. 59715 G A L L AT I N Development
CONSERVATION Self Government
DISTRICT
Dear Members of the Bozeman Commission,
The Gallatin Conservation District(GCD)was recently made aware of the code updates approved
by the Bozeman Commission on October 21,2025, including revisions to the Wetland and Watercourse
Regulations. GCD would like to formally raise concerns regarding references to the Montana Natural
Streambed and Land Preservation Act(310 Law)contained within the adopted code.
GCD was not approached or consulted regarding the inclusion or interpretation of the 310 Law
during the drafting or approval process. When a special district or permitting authority is referenced in
municipal code, it is critical that a representative of the commission or its staff coordinate directly with
the permitting authority to ensure that statutory requirements and procedures are accurately represented.
Specifically, GCD was made aware of the code development through a third party. While the
intent of this provision is understandable,GCD no longer conducts jurisdictional determinations in the
manner described in the adopted language.This concern was communicated to the code developer during
the final drafting stages; however,the issue was not resolved prior to the final adoption.As a result,the
current code contains references to a procedure that does not exist.
To clarify GCD's role,determination of whether a project requires a 310 permit occurs only after
a project is formally brought before the GCD Board.This requires submission of a complete 310
application, including a preliminary design package,for projects that may impact perennial streams or
rivers. GCD cannot evaluate permit applicability without an actual project.
Since adoption of the updated Bozeman code,project managers have begun submitting
applications to GCD without a defined project, solely to satisfy City requirements.This approach places
the permitting process out of sequence and has resulted in a stalemate between GCD,the City,and project
applicants.
To address these issues constructively,GCD proposes a meeting with the commission,code
developers and GCD representatives to identify appropriate language and procedures for inclusion in the
unified code. Our goal is to reach a practical middle ground that aligns municipal requirements with state
law and existing GCD processes. Ideally,this discussion would occur before the code is formally
implemented to avoid continued confusion.
GCD values collaboration with the City of Bozeman and remains committed to effective resource
protection while supporting responsible development.We look forward to the opportunity to work
together to resolve these concerns.
Respectfully,
Gallatin Conservation District
CC: Gallatin County Commissioners
P.O. Box 569
Manhattan MT. 59741
4o6-282-4350
www.gailatincd.org