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26074 Staff Report for the City of Bozeman Wireless Facilities Ordinance
Public Hearings:
Community Development Board – June 1, 2026
City Commission – June 16, 2026
Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to revise
the regulation of wireless facilities in compliance with federal regulations.
Project Location: Revisions to the text are applicable city-wide in all zoning districts per
Chapter 38 – Unified Development Code (UDC).
Recommendation: Meets applicable criteria for approval.
Community Development Board 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 26074 and move to
recommend approval of the amendments.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 26074, and move to provisionally adopt
the ordinance.
Report: June 3, 2026
Staff Contact: Jennifer Giuttari, Assistant City Attorney
Bailey Minnich, Development Review Planner
Agenda Item Type: Action – Legislative
26074, Staff Report for Wireless Facilities Ordinance Page 2 of 11
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 3
Project Summary ................................................................................................................. 3
Unresolved Issues ............................................................................................................... 3
Public Comment.................................................................................................................. 4
Community Development Board ........................................................................................ 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .... 5
Section 76-25-304, MCA Zoning Regulations Criteria (2.c-2.d) ....................................... 6
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 10
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF .................... 10
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
26074, Staff Report for Wireless Facilities Ordinance Page 3 of 11
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City adopted the present code structure of telecommunication regulations in 1998 to
respond to changes in federal law. In adopting these local laws, the City understands that it
has a duty to protect the public health, safety, and welfare. The City recognizes that this duty
must be considered when it regulates the placement, construction, and modification of
wireless facilities. The City’s local government authority to regulate wireless facilities is
governed by the federal Telecommunications Act of 1996 which substantially preempts local
control of telecommunication regulations. Because of the technical nature of
telecommunications law, the City sought out a consultant who specializes in wireless and
telecommunications law so the City can ensure that it provides and issues clear and
consistent regulations and standards for wireless and telecommunication facilities that are
consistent with federal mandates.
The City published a request for proposals on November 23rd and December 7th, 2024,
seeking firms and individuals who could provide expert consultation and advice on creating a
revised wireless facilities/telecommunications ordinance and general telecommunications
permitting processes. On March 11, 2025, the City Commission authorized the City Manager
to sign a PSA with the selected firm, CityScape Consultants Inc., for legal services to assist
with the previously stated objectives.
The City understood that, in consideration of the selected consultant's direction and advice,
this update may include modifications to its telecommunication and wireless facilities code.
The application proposes the adoption of code amendments necessary to ensure that the
telecommunication and wireless facilities code under Bozeman Municipal Code (BMC)
38.330 Wireless Facilities is compliant with evolving federal law. The proposed wireless
facilities standards are intended to ensure the City is properly regulating the location,
placement, dimension, and design of wireless and telecommunication facilities, in
compliance with federal and state law, FCC rulings, and case law updates.
The ordinance includes updates and modifications to Division 38.330 Wireless Facilities
(external link at end of report), Section 38.710.160 Submittal Materials for
Telecommunications (external link at end of report), and Division 38.800 Definitions
(external link at end of report). The full details of the text amendment are provided in the
attached Ordinance. As proposed, project applicants subject to the City’s plan review process
will be required to demonstrate compliance with the updated standards and processes.
Unresolved Issues
None.
26074, Staff Report for Wireless Facilities Ordinance Page 4 of 11
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No public comment has been provided as
of the date this report was written.
Community Development Board
The Community Development Board (CDB), in their capacity as the Planning Commission,
made a recommendation of approval to the City Commission on June 1, 2026 after
conducting their public hearing, considering the draft document and public comments, and
reviewing the required criteria for decision. The Board made a separate motion to amend
section 38.330.040.B.1.f Aesthetics, All wireless facilities, which has been double-underlined
within the draft Ordinance and draft Division 38.330 Wireless Facilities linked at the end of
this report. The proposed language is:
f. Exterior façade materials and the character of equipment shelters compounds used in
residential areas must be of architectural materials of similar appearance as those
commonly used in the immediate area. The architectural design of the exterior of the
shelter must be compatible with surrounding residential structures. The purpose of the
requirements of this subsection may be met by providing opaque fencing or other
visual screening compatible with the neighborhood, in compliance with all other
sections of this chapter, which will obscure the entire equipment shelter compound.
The screening must be in place prior to the commencement of operations of the
facility.
Staff does not have a concern with the recommended language proposed by the Planning
Commission at this time.
Alternatives
1. Adopt the ordinance as presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinance; or
4. Request additional information and continue discussion on the ordinance.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
26074, Staff Report for Wireless Facilities Ordinance Page 5 of 11
The Community Development Board in their capacity as the Planning Commission, held a public
hearing on June 1, 2026, at 6 pm.
The City Commission will hold a public hearing on the text amendment on June 16, 2026, at
6:00 p.m. and decide whether the proposed amendments should be adopted or not.
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
ZONING
Federal Law – The Telecommunications Act of 1996 (“TCA”) is a federal law that strictly
dictates how local governments regulate telecommunication and wireless facilities. Since the
passage of the TCA, various other federal legislation and rulings from the Federal
Communications Commission have also been enacted. Thus, in addition to the TCA, local
governments are also required to adhere to these additional laws when regulating
telecommunications and wireless facilities. This vast body of law imposes specific restrictions
and conditions on local governments, and establishes strict application and review procedures
and timelines for wireless facility applications that local governments must follow. Staff and the
Consultant find that the draft ordinance as proposed is consistent with the federal requirements
for review and regulation of wireless facilities.
State Law - In considering applications for amendment approval under this title, the advisory
boards and City Commission must consider the following criteria per MCA 76-25-304.2.c-2.d.
As an amendment is a legislative action, the Commission has broad latitude to determine a policy
direction.
A zone text amendment must be in accordance with the land use plan (criteria 2.c), accommodate
needed housing types (criteria 2.c.i), contain five or more specific strategies to encourage
development of housing (criteria 2.c.ii), reflect allowable uses and densities adequate to be
served by public services (criteria 2.c.iii), allow sufficient area for existing, new or expanding
commercial and industrial uses (criteria 2.c.iv), protect, minimize or avoid impacts and dangers
to the natural environment (criteria 2.c.v-2.c.vii), and preliminary determine whether the
amendment results in new or increased impacts to local facilities, services, natural resources,
natural environment, or natural hazards previously analyzed in the assessment of the land use
plan. Therefore, to approve a zone text amendment, the Commission must find that Criteria 2.c-
2.d are met.
Local Law – In determining whether the criteria and guidelines under state law are met, Staff
considers the entire body of plans and regulations for land use and development. Standards
which prevent or mitigate negative impacts are incorporated throughout the entire municipal
code but are principally in Chapter 38, Unified Development Code. Division 38.770 of the UDC
contains the process for completing text amendments and references the specific criteria of MCA
76-25-304(2) listed previously. The proposed text amendment follows all public hearing and
notice requirements outlined within BMC 38.770.030.
26074, Staff Report for Wireless Facilities Ordinance Page 6 of 11
The existing municipal code provisions regulating wireless facilities were, at the time of
adoption, found to satisfy all the required criteria. As such, the focus of this report is only on the
amendments proposed. Unless shown as being edited in the draft ordinance, all existing
standards stay as currently adopted. Where a finding of neutral is presented, it represents that the
criteria or guideline has been considered and the change does not materially advance or detract
from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-25-304, MCA Zoning Regulations Criteria
Zoning regulations must:
2.c. Be in substantial compliance with the land use plan.
Yes, the criterion is met. The proposed amendments are in conformance with the growth
policy. As the growth policy provides a high-level vision of how a community hopes to
develop over time, it does not dictate uses or specific standards to the level of detail
contained in this ordinance. However, it does identify issues and priorities for consideration
with specific goals and objectives that are desired outcomes.
The Bozeman Community Plan 2025 (BCP2025), adopted in November 2025, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns.
The following relevant goals and objectives included in the BCP2025 are supported by the
proposed amendments. As such, the draft ordinance includes specific standards that are in
accordance with the BCP2025 and referenced below.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
• The proposed amendments are a result of updates to federal regulations which
include best practices, new approaches, and advanced techniques from the
wireless communication industry. During the development of the proposed
ordinance, the City engaged with a professional consultant, experts in the field of
wireless facilities, to ensure the ordinance reflects the changing technology and
remains relevant and practical to Bozeman’s circumstances. The proposed
amendments provide clear and consistent regulations and standards for wireless
and telecommunication facilities.
26074, Staff Report for Wireless Facilities Ordinance Page 7 of 11
DCD-4.2: Continuously invite and give due consideration to the input of design and
development professionals in the improvement of the city’s project evaluation processes
and development code.
• The proposed amendments were developed and refined by engaging with industry
professionals who are well educated on the impacts of the changes in federal
regulations and able to provide suggestions to improve the City’s development
standards and permitting process. Based on their recommendation for compliance
with federal regulations, the proposed amendments include a new separate
process for Eligible Facility Requests if compliant with required standards.
EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
• Wireless communications are a necessary requirement for the development of a
thriving economic center in the current modern world. Advances in
telecommunication technologies, preferences, and remote work possibilities make
standards for wireless facilities an important aspect of Bozeman’s zoning
regulations. The proposed regulations enable rapid deployment of changing
technologies with minimized impacts on existing users by creating simplified
review processes for smaller facilities. Emerging technologies focus on higher
density use in smaller areas so placement is more frequent but usually shorter and
less visually obtrusive.
EE-1.5 Support expansion of current and emerging infrastructure technologies including
fiber optic service and other communication infrastructure.
• The proposed amendments are an implementation of the federal communication
regulations and support both current and emerging communication infrastructure
within Bozeman’s city limits. The proposed wireless facilities standards are
intended to ensure the City is properly regulating the location, placement,
dimension, and design of wireless and telecommunication facilities, in
compliance with federal and state law, FCC rulings, and case law updates.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change land use designations or zoning district boundaries. Therefore, no
analysis of correspondence to the future land use map is provided.
2.c.i. Accommodates the projected needed housing types identified in 76-25-206.
Neutral. The proposed amendments to the wireless facilities standards do not apply to this
criterion. The City’s standards regarding accommodating housing types are established
through the City’s zoning districts, which are not changed with these amendments. The
proposed wireless facilities standards are intended to ensure the City properly regulates the
location, placement, dimension, and design of wireless and telecommunication facilities, in
26074, Staff Report for Wireless Facilities Ordinance Page 8 of 11
compliance with federal and state law, FCC rulings, and case law updates. The City of
Bozeman’s Unified Development Code adopted in December 2025 was, at the time of
adoption, found to satisfy the required criteria.
2.c.ii. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Neutral. The proposed amendments to the wireless facilities standards do not apply to this
criterion. As previously described, the proposed amendments are to bring the City’s
telecommunication standards into compliance with federal regulations. Modifications to
standards related to the development of housing within the jurisdiction are not proposed with
this update. The recent adoption of the City of Bozeman’s Unified Development Code in
December 2025 was, at the time of adoption, found to satisfy the required criteria.
2.c.iii. Reflects allowable uses and densities in areas that may be adequately served
by public safety, emergency, utility, transportation, education, and any other local
facilities or services identified by the local government in 76-25-207.
Criteria is met. Standards for the provision of municipal transportation, sewerage, schools,
parks, and other public requirements are not being altered with this ordinance. The proposed
wireless facilities standards are intended to ensure the City is properly regulating the
location, placement, dimension, and design of wireless and telecommunication facilities, in
compliance with federal and state law, FCC rulings, and case law updates. No changes to the
specific types of wireless facilities permitted within each zoning district are proposed with
this amendment.
Initial contact with emergency services is often through the 911 system serviced by wireless
facilities. The updated regulations provide for coverage throughout the community to ensure
the availability of emergency communications.
2.c.iv. Allows sufficient area for existing, new, or expanding commercial, industrial,
and institutional enterprises the local government has identified in 76-25-208 for
targeted economic growth in the jurisdiction.
Yes, the criterion is met. The proposed wireless facilities standards are intended to ensure the
City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law, FCC rulings, and case law updates. Wireless communications are an
important requirement for the development of a thriving economic center. Advances in
telecommunication technologies, preferences, remote work, as well as public health and
safety for emergency communications, make standards for wireless facilities an important
aspect of Bozeman’s zoning regulations. The existing municipal code provisions regulating
wireless facilities were, at the time of adoption, found to satisfy the required criteria, and
26074, Staff Report for Wireless Facilities Ordinance Page 9 of 11
therefore, the standard continues to be met. The updated regulations further support
collocation on existing structures which facilitates the provision of telecommunication
services within employment areas.
2.c.v. Protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209.
Neutral. Standards for the protection of the ability to develop natural resources are not being
altered with this ordinance. The proposed wireless facilities standards are intended to ensure
the City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law. No changes to the specific types of wireless facilities permitted within
each zoning district are proposed with this amendment. Additionally, the existing municipal
code provisions regulating wireless facilities identify specific permitting processes for the
modification of existing telecommunication facilities or the establishment of new facilities.
Any new facilities must be reviewed in compliance with all City regulations including the
wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman
Municipal Code. Impacts to the natural resource area are addressed at the time of site-
specific development review. The standards listed within BMC 38.610 and 38.620 are not
being changed with the proposed amendments and therefore, this criterion continues to be
met.
2.c.vi. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
Yes, this criterion is met. Standards for the protection of natural resources are not being
altered with this ordinance. The proposed wireless facilities standards are intended to ensure
the City is properly regulating wireless and telecommunication facilities, in compliance with
federal and state law. Impacts to the natural resource area are addressed at the time of site-
specific development review through an associated planning application and/or building
permitting process. The existing municipal code provisions regulating wireless facilities
identify specific permitting processes which must be reviewed in compliance with all City
regulations, including the wetland and watercourse standards in Divisions 38.610 and 38.620
of the Bozeman Municipal Code. The standards listed within BMC 38.610 and 38.620 are
not being changed with the proposed amendments and therefore, this criterion continues to be
met.
2.c.vii. Avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209.
Yes, the criterion is met. The recent adoption of the City of Bozeman’s Unified Development
Code in December 2025 was, at the time of adoption, found to satisfy the required criteria.
The proposed amendments to the wireless facilities standards are intended to comply with all
applicable federal and state laws regarding telecommunication services. No changes are
proposed to the City regulations regarding the natural environment or natural hazards,
26074, Staff Report for Wireless Facilities Ordinance Page 10 of 11
specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards, or BMC
38.600 Floodplain Regulations. Potential dangers associated with natural hazards are
identified and addressed at the time of site-specific development review through an
associated planning application and/or building permitting process. Enabling the provision of
adequate wireless services can facilitate the dispatch of emergency services to respond to
hazards such as wildfire or human/animal conflict.
2.d. Preliminarily determine whether the proposed zoning regulation, map, or
amendment results in new or increased impacts to or from local facilities, services,
natural resources, natural environment, or natural hazards from those previously
described and analyzed in the assessment conducted for the land use plan.
Yes, this criterion is met. The proposed amendments do not result in new or increased
impacts to local facilities or services, natural resources, natural environments or natural
hazards. The recent adoption of the City of Bozeman’s Unified Development Code in
December 2025 was, at the time of adoption, found to satisfy the required criteria. As
previously stated, the proposed wireless facilities standards are intended to ensure the City is
properly regulating wireless and telecommunication facilities, in compliance with federal and
state law, FCC rulings, and case law updates. The Federal Communications Commission
retains all authority to review any safety issues related to emissions from wireless facilities.
The City is preempted from considering this issue. Therefore, considering the code as a
whole, the standards listed in this criterion are not being changed with these amendments and
therefore the standard continues to be met.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of BMC 38.730. Notice was published
in the Bozeman Daily Chronicle on 5/2/2026, 5/9/2026, and 5/30/2026. These notices contain
all required elements. Notice was provided at least 15 business days before the public hearing
conducted by the Community Development Board in their capacity as the Planning
Commission, and not more than 45 days prior to the City Commission public hearing.
No public comments have been received as of the date this report was written.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: City Attorney & Community Development, City of Bozeman, PO Box
1230, Bozeman, MT 59771
Report By: Jennifer Giuttari, Assistant City Attorney
Bailey Minnich, Development Review Planner
26074, Staff Report for Wireless Facilities Ordinance Page 11 of 11
FISCAL EFFECTS
None at this time related to this Amendment.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-
information-portal, select the “Project Documents Folder” link and navigate to application
26074.
Project documents are available at this direct link to the public Laserfiche archive for
application 26074 with direct links to individual documents provided below:
Draft Ordinance XXXX – Wireless & Telecommunication Ordinance
Division 38.330 Wireless Facilities
Section 38.710.160 Submittal Materials for Telecommunications
Division 38.800 Definitions