The URL can be used to link to this page

Home My WebLink About08-17-26 - Community Development Board - Agendas & Packet MaterialsA. Call to Order - 6:00 pm B. Disclosures C. Changes to the Agenda D. Approval of Minutes D.1 Approval of Minutes(Sagstetter) E. Action Items E.1 Ordinance, Provisionally Adopting a Text Amendment modifying Sections 38.610.030 and 040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120 (Submittal Materials for Review) within Chapter 38 of the Bozeman Municipal Code, THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA CDB AGENDA Monday, August 17, 2026 General information about the Community Development Board is available in our Laserfiche repository. If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the Board or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact Chris Saunders, csaunders@bozeman.net This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 346 248 7799 Access code: 947 0602 4018 Approve 1 Application 26217(Rogers) F. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board G. FYI/Discussions H. Adjournment 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 26217 and move to recommend adoption. This is the time to comment on any non-agenda matter falling within the scope of the Community Development Board. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Community Development Board cannot take action on any item which does not appear on the agenda. All persons addressing the Community Development Board shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. General public comments to the Board can be found in their Laserfiche repository folder. This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. City Board meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. 2 Memorandum REPORT TO:Community Development Board FROM:Sam Sagstetter SUBJECT:Approval of Minutes MEETING DATE:August 17, 2026 AGENDA ITEM TYPE:Minutes RECOMMENDATION:Approve STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:None UNRESOLVED ISSUES:None ALTERNATIVES:Approve with Corrections FISCAL EFFECTS:None Attachments: 080326 CDB Minutes.pdf Report compiled on: August 12, 2026 3 Bozeman Community Development Board Meeting Minutes, August 3, 2026] Page 1 of 3 THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA MINUTES AUGUST 3, 2026 This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm. Present: Joey Morrison, Chris Egnatz, Jason Delmue, Mark Egge, Ben Lloyd, Lauren Mitro Absent: None Excused: Erik Bonnett 00:04:28 General information about the Community Development Board is available in our Laserfiche repository. A) 00:03:59 Call to Order - 6:00 pm B) 00:04:18 Disclosures C) 00:04:24 Changes to the Agenda D) 00:04:29 Public Service Announcements E) 00:05:07 Approval of Minutes E.1 00:05:16 Approval of Minutes 07202026 CDB Minutes.pdf 00:05:23 Motion to approve Approve Joey Morrison: Motion Mark Egge: 2nd 00:05:31 Vote on the Motion to approve Approve The Motion carried 6 - 0. Approve: Joey Morrison Chris Egnatz 4 Bozeman Community Development Board Meeting Minutes, August 3, 2026] Page 2 of 3 Jason Delmue Mark Egge Ben Lloyd Lauren Mitro Disapprove: None F) 00:05:59 Consent Items G) 00:06:06 Special Presentations H) 00:06:10 Action Items H.1 00:06:24 Work Session Regarding Possible Recommendations Related to Maximum Building Height in the B-3 Zoning District and Zone Edge Transitions Staff Memo - CDB 8-03-2026.pdf BZN Taller Building Heights - 6.9.2026e.pdf Tall Buildings Map.jpg Building Height Discussion Map.pdf ZoneEdgeTransitionMap.pdf Commercial Zoning Districts Map.pdf 00:06:29 Chris Saunders presents to the board. 00:55:27 David Losef provides public comment. 00:59:09 Mark Campanelli provides public comment 01:42:31 Motion to approve Make recommendation to City Commission in the matter of B3 building heights to retain the 90 foot height maximum in the B3 zoning district but also consider adding additional required stepbacks and or setbacks that limit the perceived mass and scale for buildings in the B3 zone above a defined height. Mark Egge: Motion Chris Egnatz: 2nd 01:43:49 Vote on the Motion to approve Make recommendation to City Commission in the matter of B3 building heights to retain the 90 foot height maximum in the B3 zoning district but also consider adding additional required stepbacks and or setbacks that limit the perceived mass and scale for buildings in the B3 zone above a defined height. The Motion carried 6 - 0. Approve: Joey Morrison Chris Egnatz Jason Delmue Mark Egge 5 Bozeman Community Development Board Meeting Minutes, August 3, 2026] Page 3 of 3 Ben Lloyd Lauren Mitro Disapprove: None I) 01:51:51 Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board J) 01:54:45 FYI/Discussions J.1 01:54:40 Upcoming Items for the August 17, 2026, Community Development Board Meeting Agenda. K) 01:58:39 Adjournment 6 Memorandum REPORT TO:Community Development Board FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Nicholas Ross, P.E., Director of Transportation and Engineering Erin George, Director of Community Development SUBJECT:Ordinance, Provisionally Adopting a Text Amendment modifying Sections 38.610.030 and 040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120 (Submittal Materials for Review) within Chapter 38 of the Bozeman Municipal Code, Application 26217 MEETING DATE:August 17, 2026 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: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 26217 and move to recommend adoption. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman approved substantial revisions to its Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 [External Link] and since integrated into the overall Unified Development Code. Upon adoption and implementation of the revised standards and processes, staff were made aware of two submittal requirement issues associated with outside agencies. The City relies on the authority of the United States Army Corps of Engineers and Gallatin Conservation District to determine certain natural resource information to enable review of proposed land development that affects watercourse and wetlands. Both agencies have approached City staff following adoption and initial implementation of our code update to note recent changes in policy and practice that leave them unable to provide certain information at the initial submittal phase of a development project or would induce significant delay in review. This change needs to be reflected in the municipal code submittal requirements for land development applications. All City initiated text amendments must be initiated by action of the commission. On May 12, 2026, the Bozeman City Commission acted to start 7 numerous text amendments including authorized staff to consider amending the code to remove these conflicts in the Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026, City Commission agenda [External Link]. As part of the engagement plan for this effort, staff will present the revision to the Sustainability Board for review and comment. Feedback from the Board will be provided to the Community Development Board and City Commission for consideration. Section 38.710.120.A.2, BMC defines nine elements that must be included in a Wetlands and Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination provided by the USACE and (8) A determination of status issued by the Gallatin Conservation District (GCD). Representatives from USACE and GCD have expressed to the city that the demands of these requirements now fall outside of their capacity or internal policy. This conflict requires amendment of city code to allow for a viable path to approval. In addition to adjusting the timing submitting a final determination, if applicable, the text amendment explicitly grants authority to preliminary approve a plan prior to the final determination being issued. All standards and requirements to ensure compliance with adopted codes are required with a development proposal with or without final watercourse determination and permitting by the outside agency. All documentation must be provided before construction begins. The ordinance includes updates and modifications to Sections 38.610.030 (Application of wetland regulations), 38.610.040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120. Submittal materials for review of activities in or adjacent to wetlands and watercourses. 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. Applicant may be required to modify a preliminarily approved application based on final USACE and Conservation District determination and permitting, if applicable. UNRESOLVED ISSUES:There are no identified conflicts on this application. 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. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Text Amendment. 8 Attachments: 26217 Wetland & Watercourse ZTA CDB SR.pdf Draft 26217 Ordinance Wetlands Submittal 8-7-2026.pdf Report compiled on: August 5, 2026 9 Page 1 of 17 26217 Staff Report for the Wetland & Watercourse Submittal Requirements Zone Text Amendment Public Hearings: Planning Commission meeting is on August 17, 2026 City Commission meeting is on September 1, 2026 Project Description: A text amendment to adjust submittal and procedural standards in response to conflicts with policy and practice that leave the United States Army Corps of Engineers and Gallatin Conservation District unable to provide certain information at the initial submittal phase of a development project or will induce significant delay in review. The information or determinations are necessary in the application of city standards ensuring community health and implementing adopted plans. Project Location: The text amendment applies to all zones within the city limits. Recommendation: Meets applicable criteria Recommended Community Development Board Zoning 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 26217 and move to recommend adoption. Recommended City Commission Motion: Having reviewed and considered the staff report, draft ordinance, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 26217 and move to provisionally adopt the ordinance. Report: August 5, 2026 Staff Contact: Nicholas Ross, P.E., Director of Transportation and Engineering Tom Rogers, AICP, Senior Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application. 10 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 2 of 17 Project Summary The City of Bozeman approved substantial revisions to its Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 [External Link] and since integrated into the overall Unified Development Code. Upon adoption and implementation of the revised standards and processes, staff were made aware of two submittal requirement issues associated with outside agencies. The City relies on the authority of the United States Army Corps of Engineers and Gallatin Conservation District to determine certain natural resource information to enable review of proposed land development that affects watercourse and wetlands. Both agencies have approached City staff following adoption and initial implementation of our code update to note recent changes in policy and practice that leave them unable to provide certain information at the initial submittal phase of a development project or would induce significant delay in review. This change needs to be reflected in the municipal code submittal requirements for land development applications. All City initiated text amendments must be initiated by action of the commission. On May 12, 2026, the Bozeman City Commission acted to start numerous text amendments including authorized staff to consider amending the code to remove these conflicts in the Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026 City Commission agenda [External Link]. As part of the engagement plan for this effort, staff will present the revision to the Sustainability Board for review and comment. Feedback from the Board will be provided to the Community Development Board and City Commission for consideration. Section 38.710.120.A.2, BMC defines nine elements that must be included in a Wetlands and Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination provided by the USACE and (8) A determination of status issued by the Gallatin Conservation District (GCD). Representatives from USACE and GCD have expressed to the city that the demands of these requirements now fall outside of their capacity or internal policy. This conflict requires amendment of city code to allow for a viable path to approval. In addition to adjusting the timing submitting a final determination, if applicable, the text amendment explicitly grants authority to preliminary approve a plan prior to the final determination being issued. All standards and requirements to ensure compliance with adopted codes are required with a development proposal with or without final watercourse determination and permitting by the outside agency. All documentation must be provided before construction begins. The ordinance includes updates and modifications to Sections 38.610.030 (Application of wetland regulations), 38.610.040 (Application of wetland regulations), 38.620 (Watercourse setbacks), and 38.710.120. Submittal materials for review of activities in or adjacent to wetlands and watercourses. The full details of the text amendment are provided in the attached 11 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 3 of 17 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. Applicant may be required to modify a preliminarily approved application based on final USACE and Conservation Distrct determination and permitting, if applicable. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Strategic Plan 1.2 Public Agencies Collaboration | Foster successful collaboration with other public agencies and build on these successes. e) Enhance our relationship with State and Federal Agencies. 3.1 Public Safety | Support high quality public safety programs, emergency preparedness, facilities, and leadership. 6.6 Habitat | Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute to water quality, wildlife corridors, and wildlife habitat. 7.3 Best Practices, Creativity, & Foresight c) Improve Departmental Collaboration – Identify opportunities to improve collaboration between City departments and create subgroups on communications, community interactions, long-range planning, and other matters of common concern. Gallatin Water Collaborative Stakeholder Meeting Tuesday, June 30, 2026 Agenda LINK [External Link] Sustainability Board Wednesday, July 8, 2026 Video link Planning Commission Summary The Planning Commission will hold a public hearing on August 17, 2026. Upon completion of the hearing the Commission will forward a recommendation to the Commission. 12 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 4 of 17 Public Comment Process and Opportunity No public comment has been received on the application of the production of this report. All comment can be reviewed in public comment folder [External Link]. 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. 13 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 5 of 17 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Strategic Plan ...................................................................................................................... 3 Gallatin Water Collaborative Stakeholder Meeting ............................................................ 3 Sustainability Board ............................................................................................................ 3 Planning Commission Summary......................................................................................... 3 Public Comment Process and Opportunity ......................................................................... 4 Alternatives ......................................................................................................................... 4 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6 Zone Text Amendment ....................................................................................................... 6 SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 14 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 16 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 17 FISCAL EFFECTS ................................................................................................................. 17 ATTACHMENTS ................................................................................................................... 17 14 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 6 of 17 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Zone Text Amendment Having considered the criteria established for a text amendment, staff recommends approval as proposed. The Community Development Board is scheduled to hold a public hearing on this amendment on August 17, 2026, at 6:00 p.m. A recommendation will be forwarded to the Commission on the text amendment. The City Commission will hold a public hearing on the text amendment on September 1, 2026, at 6:00 p.m. SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS As a zone map amendment is legislative action, the Commission has latitude to determine a policy direction. The Montana Land Use Planning Act (MLUPA) revised zone map and text review criteria. Section 76-25-304 Mont. Code Ann. establishes the criteria for the creation and amendment of zoning. Due to the range of subjects, the applicability of any individual criterion may be of more or less importance. The City Commission must evaluate whether the applicable criteria are met, not applicable, or if the benefits of the change offset negative impacts. The state may amend these criteria. The state has created the following criteria to identify and where possible to determine impacts of development that may follow a zoning amendment. The city relies on adopted issue plans and similar documentation to consider the jurisdiction wide issues and establish policy. If an amendment proposes something that has not been considered during issue plan or land use plan development the applicant may be required to conduct a broader scale analysis. The purpose of this analysis is to evaluate the difference between the existing zone and the proposed. The greater the differentiation, the more robust analysis must be. MLUPA definitions 76-25-103 (36) Mont. Code Ann, defines "Substantial compliance" as: a) with respect to the amendment of an adopted land use plan, that all facets of the proposed amendments, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the community as set forth in the jurisdiction's adopted land use plan; b) with respect to the adoption or amendment of a zoning map, zoning regulation, or subdivision regulation, that all facets of the proposed map, regulation, or amendment, when taken together, comply, not strictly and rigidly but substantially, with the 15 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 7 of 17 densities, standards, and community intent for development of the site as set forth in the jurisdiction's applicable adopted land use plan; and c) with respect to the proposed development of a particular site, that all facets of the proposed development, when taken together, comply, not strictly and rigidly but substantially, with the densities and standards for development of the site as set forth in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision regulations (1)(c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map: Criterion met. The foundation of this text amendment stems from Federal and State changes in process to which the local jurisdiction must respond. Secondly, the City generally revised its Wetland and Watercourse Regulations to further implement the Bozeman Growth Policy and City Commission priorities with an effective date of October 25, 2025 by adoption of Ordinance 2025-04 [External Link]. Ordinance 2025-04 was found to be in substantial compliance with the land use plan. Adjusting the submittal requirements as a result of actions outside the of the control of the City is an immaterial change necessary to ensure the City is in compliance with required processes. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The City continued and carried forward the goals and objectives in the adoption of the Bozeman Community Plan 2025 on October 28, 2025, as an MLUPA compliant land use plan. “In a text amendment, policy statements weigh heavily as the standards being created or revised implement the growth policy’s aspirations and intent. The City must balance many issues in approving urban development.” The proposed amendment does not change the zoning map. Therefore, it is not necessary to analyze compliance with the future land use map. The basic planning precepts on page 20 of the Bozeman Community Plan 2020 include, “The health and well-being of the public is an essential focus and influences and is influenced in turn by urban design and land development.” Also, “The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole.” The proposed amendments provide for public health, safety, and welfare of the community by providing clear standards and administrative processes for development around regulated 16 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 8 of 17 wetland areas and by providing consistent language, clear definitions, and references throughout the Bozeman Municipal Code. Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands, there are several relevant goals and objectives that will be met through the collaborative approach to developing these amendments to the Wetland Regulations. Goal EPO – 2: Work to ensure that development is responsible to natural features EPO-2.2 - Work with the U.S. Army Corps of Engineers to keep wetlands, mitigation within the Gallatin Valley rather than locating to other watersheds. EPO-2.3 - Identify, prioritize, and preserve key wildlife habitat and corridors. EPO 4.2 - Update floodplain and other regulations that protect the environment. The proposed amendments to the Wetland Regulations would help to meet these objectives. Goal RC-2: Continue and build on successful collaboration with Gallatin County, neighboring municipalities, and other agencies to identify and mitigate potential hazards and develop coordinated response plans. RC-2.1 Prohibit development in environmentally sensitive or hazard-prone areas. Goal RC-4: Ensure that all City actions support continued development of the City, consistent with its adopted Plans and standards. RC-4.1 Enhance collaboration between City agencies to ensure quality design and innovation across public and private areas. No conflicts with the growth policy/land use plan have been identified. The criterion is met. (i) accommodates the projected needed housing types identified in 76-25-206; Impacts to projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map. Criterion met. This affirmative finding is based on balancing the City’s desire to maintain and protect sensitive lands, including watercourses and wetlands, provide for basic municipal infrastructure, further the seven Themes detailed in the BCP2025, and promote the construction of housing for all members of the community. Harmonizing submittal requirements with state and federal standards and process ameliorates potential conflicts during the permitting process. Therefore, adoption of the proposed changes promotes housing by responding to changes outside the city’s control. 17 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 9 of 17 Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit (ii) contains five or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction; The City, through adoption of Ordinance 2025-12/2151, the Unified Development Code and city wide zoning map, created a framework for housing development and, based on the Bozeman Land Use Plan, prioritized strategies for housing. Any proposed change or amendment to the code or map may impact on the efficacy of the zoning ordinance. Criterion met. As discussed in the previous criterion, the text amendment does not specifically address the special cases imposed by the state, rather, it reduces the possibility of significant delays from state and federal review prior to submitting application for local permits to construct housing. This correction applies to all other types of use in addition to residential development. Therefore, these amendments improve the permitting process to ensure fair and equitable pathway for the construction of housing. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 18 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 10 of 17 (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; Neutral. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements program that identifies individual projects, project construction scheduling, and financing of construction. The proposed text amendments do not impact these services. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer, and storm systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 38.780 Completion of Improvements When infrastructure and other improvements must be completed with development Facility plans and design standards applicable to the particular improvements Subdivision or site plan review 19 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 11 of 17 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan (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; Criterion met. Adjusting wetland and watercourse submittal requirements in response to state and federal changes to reduce potential lengthy delays in the permitting process supports the City’s efforts to provide sufficient areas for existing, new, or expanding commercial, industrial, and institutional enterprises. There are no changes to the standards to ensure a healthy and safe environment, only responding to changes made outside of the City’s authority and mitigation permitting processes. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit (v) protects and maximizes the potential use of natural resources within the area, as identified in 76- 25-209; Criterion met. Adjusting wetland and watercourse submittal requirements in response to state and federal changes to reduce the potential of lengthy delays in permitting supports the City’s efforts to provide for sufficient areas for existing, new, or expanding commercial, industrial, 20 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 12 of 17 and institutional enterprises. These edits directly support this criterion by implementing the City’s environmental standards and ensuring timely review of applications that are impacted or impacting natural resources. The revised Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 expanded City authority to address impacts to sensitive areas by development. As a result, all wetlands within city limits are now protected by either Federal or Local authority. The Approved Jurisdictional Determination (AJD) issued by the Ary Corps of Engineers is an official, written document issued by the U.S. Army Corps of Engineers (USACE) that confirms the precise geographic boundaries of waters and wetlands on a property and officially states whether or not those features are legally regulated under federal laws like the Clean Water Act. An AJD is a separate action from a Clean Water Act 404 permit. A 404 permit regulates the discharge of dredged or fill material (like dirt, rock, or sand) into "Waters of the United States," including wetlands. The issuance of an AJD’s typically takes 12-18 months. An applicant may assume USACE authority and begin 404 permit approval without an AJD. Adjusting the timing of when the AJD is required does not change other applicability or application of City Wetland Code. Removal of the submittal requirement will streamline review without subtracting from quality. Therefore, the amendments maintain protects for natural resources while allowing potential use of natural resources within the area to continue. (vi) minimizes or avoids impacts to the natural environment within the area, as identified in 76-25- 209; and Criterion met. Adjusting wetland and watercourse submittal requirements in response to state and federal changes to reduce the potential of lengthy delays in permitting does not impacts our authority and ability to maintain existing wetland and watercourse standards. The AJD is still required prior to development. As noted in criterion (v) above, the revised Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 expanded City authority to address impacts to sensitive areas by development. As a result, all wetlands within city limits are now protected by either Federal or Local authority. The Approved Jurisdictional Determination issued by the Ary Corps of Engineers is an official, written document issued by the U.S. Army Corps of Engineers (USACE) that confirms the precise geographic boundaries of waters and wetlands on a property and officially states whether or not those features are legally regulated under federal laws like the Clean Water Act. An AJD is a separate action from a Clean Water Act 404 permit. A 404 permit regulates the discharge of dredged or fill material (like dirt, rock, or sand) into "Waters of the United States," 21 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 13 of 17 including wetlands. The issuance of an AJD’s typically take 12-18 months. An applicant may assume USACE authority and begin 404 permit approval without an AJD. Adjusting the timing of when the AJD is required does not change other applicability or application of City Wetland Code. Removal of the submittal requirement will streamline review without subtracting from quality. Therefore, the amendments maintain protects for natural resources and maintains maximum avoidance as adopted standards permit. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit (vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209; and Neutral. The revised Wetland and Watercourse regulations with the Unified Development Code based on Ordinance 2025-04 do not directly impact or influence other regulations more applicable to avoidance and protection from natural hazards. While there is a nexus between maintaining the health and function of watercourse and wetlands to hazard mitigation and environmental heath the timing required for submitting an AJD will not materially impact the city efforts to mitigate and avoid dangers associated with natural hazards in the jurisdiction. No changes are proposed to the City regulations regarding factors that modify natural hazards, 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. Revising process to adapt to outside agencies changes is a proactive effort to maintain City’s standards maintaining the health and function of watercourse and wetlands to hazard mitigation and environmental health. Municipal Code Section and Title Subject Related Documents When standard is applied 22 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 14 of 17 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit (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. Based on the aforementioned analysis and the content of the amendment it is determined that no new or increased impacts to local facilities or services, natural resources, natural environments or natural hazards and created. The adoption of the City of Bozeman’s Unified Development Code in December 2025 [Ordinance 2025-12/2151] was, at the time of adoption, found to satisfy the required criteria. Further, the substantial revisions to the Wetland and Watercourse regulations with the Unified Development Code, adopted in October 2025 via Ordinance 2025-04 [External Link], was found to satisfy the required criteria. The amendments in this Ordinance do not materially change the function or efficacy of the adopted code and are in substantial compliance with the review criteria. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The city of Bozeman approved substantial revisions to its Wetland and Watercourse regulations with the Unified Development Code in October 2025 via Ordinance 2025-04 [External Link]. Upon adoption and implementation of the revised standards and processes, staff were made aware of two submittal requirement issues associated with outside agencies. The City relies on the authority of the United States Army Corps of Engineers and Gallatin Conservation District to determine certain natural resource information to enable review of proposed land development that affects watercourse and wetlands. Both agencies have approached City staff following adoption and initial implementation of our code update to note recent changes in policy and practice that leave them unable to provide certain information at the initial submittal phase of a development project or would induce significant delay in review. This change needs to be reflected in the municipal code submittal requirements for land development applications. 23 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 15 of 17 All City initiated text amendments must be initiated by action of the commission. On May 12, 2026, the Bozeman City Commission acted to start numerous text amendments including authorized staff to consider amending the code to remove these conflicts in the Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026 City Commission agenda [External Link]. As part of the engagement plan for this effort, staff will present the revision to the Sustainability Board for review and comment. Feedback from the Board will be provided to the Community Development Board and City Commission for consideration. Section 38.710.120.2.A, BMC defines nine elements that must be included in a Wetlands and Watercourses Delineation Report, including: (2) An Approved Jurisdictional Determination provided by the USACE and (8) A determination of status issued by the Gallatin Conservation District (GCD). Representatives from USACE and GCD have expressed to the city that the demands of these requirements now fall outside of their capacity or internal policy. This conflict requires amendment of city code to allow for a viable path to approval. In addition to adjusting the timing submitting a final determination, the text amendment explicitly grants authority to preliminary approve a plan prior the final determination being issued. All standards and requirements to ensure compliance with adopted codes are required with a development proposal with or without final watercourse determination. The ordinance includes updates and modifications to Section 38.710.120 Submittal requirements and Section 38.610.030 Application of wetland regulations. 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. The premise, as defined by the US Environmental Protection Agency, a 404 permit [External Link] is a program that no discharge of dredged or fill material may be permitted if: (1) a practicable alternative exists that is less damaging to the aquatic environment or (2) the nation’s waters would be significantly degraded. In other words, when you apply for a permit, you must first show that steps have been taken to avoid impacts to wetlands, streams and other aquatic resources; that potential impacts have been minimized; and that compensation will be provided for all remaining unavoidable impacts. The Montana Department of Natural Resources and Conversation administers the 310 permit program. The Natural Streambed and Land Preservation Act, also known as "The 310 Law" is administered by the Conservation Districts [External Link]. The purpose of the 310 law is to keep rivers and streams in as natural or existing condition as possible, to minimize sedimentation and to recognize beneficial uses. Any individual or corporation proposing construction in a perennial stream must apply for a 310 permit through the local conservation district. Activities Requiring a permit. Any activity that physically alters or modifies the bed or banks of a perennially-flowing stream. 24 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 16 of 17 A detailed description of each letter in the above graphic can be reviewed at the following link: https://dnrc.mt.gov/licenses-and-permits/stream-permitting/ Both 404 and 310 permits may be required for a development application. APPENDIX B - 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 7/18/26, 7/25/26 AND 8/15/26. 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. On May 12, 2026, the Bozeman City Commission acted to start numerous text amendments including authorized staff to consider amending the code to remove these conflicts in the Wetlands and Watercourse Submittal Materials Technical Text Amendment. Link to the May 12, 2026 City Commission agenda [External Link]. A copy of the Wetland & Watercourse Text Amendment Engagement Plan can be viewed at this link. No public comments have been received as of the date this report was written. Opportunity to comment and participate. See public comment folder. https://weblink.bozeman.net/WebLink/Browse.aspx?id=319275&dbid=0&repo=BOZEMAN 25 Staff Report for the Wetland & Watercourse Submittal Requirement ZTA Page 17 of 17 Engagement: Watershed Council. June 30, 2026. Agenda Sustainability Board. July 8, 2026. Agenda APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Representative: City of Bozeman, PO Box 1230, Bozeman, MT 59771 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=318959&cr=1 26 ORDINANCE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTIONS 38.610.030 (APPLICATION OF WETLAND REGULATIONS), 38.610.040 (APPLICATION OF WETLAND REGULATIONS), 38.620 (WATERCOURSE SETBACKS), AND 38.710.120 SUBMITTAL MATERIALS FOR REVIEW OF ACTIVITIES IN OR ADJACENT TO WETLANDS AND WATERCOURSES OF THE BOZEMAN MUNICIPAL CODE WILL BE AMENDED, APPLICATION 26217. WHEREAS, the City of Bozeman has adopted a land use plan, zoning regulations, and a zoning map pursuant to Sections 76-25et.seq., M.C.A.; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; and WHEREAS, after proper notice, the City Commission held a public meeting on May 12, 2026, to receive information on wetlands and watercourse submittal requirements and changing federal regulations and to give direction on preparation of proposed amendments to the City’s wetland submittal requirements; and WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Planning Commission held a public hearing on August 17, 2026, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the Community Development Board in their capacity as Bozeman Planning Commission recommended to the Bozeman City Commission an Ordinance, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on September 1, 2026, to receive and review all written and oral testimony on proposed Ordinance; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-25-304, and found that the proposed amendments comply with the criteria; and 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-25. 2. The City adopted updated regulations and standards to protect and mitigate impacts to wetlands and watercourses in 2025, by Ordinance 2026-04. The City’s regulations have concurrent jurisdiction with other regulatory agencies. 3. The City adopted a land use plan, the Bozeman Community Plan 2025 (BCP 2025), by Resolution 2025-71 to establish policies for development of the community. 4. The BCP 2025, Theme 4 and Theme 7 encourage protection of the natural environment. 5. The US Supreme Court issued a decision in Sackett v. Environmental Protection Agency, 142 S. Ct. 1322 (2023), which significantly altered the scope of authority of the United States Army Corps of Engineers (and the United States Environmental Protection Agency) in regulating wetlands. 6. The reduction in scope of authority of the United States Army Corps of Engineers places the City’s regulations as the primary regulatory protection for many wetlands in Bozeman’s regulatory jurisdiction. 7. A staff report analyzing the required criteria for an amendment to the City’s regulations for zoning review, including the amendment’s accordance with the BCP 2025, and has found that the required criteria of Montana Code Annotated § 76-25-304 are satisfied. 8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide comment. 9. The Community Development Board acting in its capacity as the municipal Planning Commission considered the application materials, staff analysis and report, all submitted public comment, and all other relevant information and recommended approval. 10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Planning Commission, all submitted public comment, and all other relevant information. 28 11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this Ordinance are satisfied. 12. The City Commission determines that this Ordinance provides a proper balance of interests, rights, and responsibilities of all parties affected by this Ordinance and is necessary to protect public health, safety, and the general welfare. 13. The language included with this ordinance will be the basis for public review of development applications. Section 2 That Section 38.610.030 (Application of wetland regulations), Bozeman Municipal Code shall be amended as follows: A. These regulations apply to any regulated activity as described in which may impact wetlands and which impacts are known prior to, or discovered through the development review process, and which are verified through a site-specific wetland boundary delineation. When any regulated activity is proposed, a wetlands boundary delineation must be conducted. If the wetlands delineation indicates wetlands are not present on or adjacent to the property, the review authority may determine these regulations do not apply. If wetlands exist on the property, the proposed development is subject to these wetland regulations and the provisions of this will be applied in addition to any other applicable regulations of this code. If site conditions exist that indicate wetlands could potentially be present on the property, the review authority may require the following be provided with the submittal of an application for development: 1. A wetlands boundary delineation pursuant to 38.220.130 and 38.610.040 must be prepared by a qualified wetland professional in accordance with the most current version of the USACE Wetland Delineation Manual of the U.S. applicable to the USACE Omaha District and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains. 1. A wetlands boundary delineation pursuant to 38.220.130 710.120 and 38.610.040 must be prepared by a qualified wetland professional in accordance with the most current version of the USACE Wetland Delineation Manual of the U.S. applicable to the USACE Omaha District and Reg … 29 E. The review authority may grant preliminary approval of a development application in conformance with all applicable standards and regulations prior to final Jurisdictional Determination being issued by the USACE and determination of status issued by the Gallatin Conservation District (GCD) as may be applicable to an individual development. Based on the final decision of the USACE or GCD modifications to an approved plan may be required pursuant to section 38.740.120; material modifications to a plat are subject to 38.100.070 and 38.750.090. Section 3 That Section 38.610.040 (Application of wetland regulations) shall be amended as follows: Sec. 38.610.040. - Wetlands boundary and jurisdictional determinations. A. The USACE is the only entity that may issue an Approved Jurisdictional Determination. B. The review authority may rely on the wetland delineation and the Approved Jurisdictional Determination submitted with the application. 1. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands exists or if the applicant chooses to assume federal jurisdiction by entering the Clean Water Act Section 404 permitting process and impacts to the wetlands are proposed, the applicant must submit a copy of the applicant’s Clean Water Act Section 404 permit application to the city concurrent with the application, or prior to final plan approval, for development under this chapter. 2. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands does not exist, and impacts to the wetlands are proposed, the applicant must comply with the regulations of this chapter and obtain approval from the review authority for any impacts and the required mitigation. The city will determine the extent of and means of mitigation subject to. 3. Regardless of jurisdictional status, the city will review the submitted material under local jurisdiction for any regulated activities in a wetland. All development is subject to the review process of 38.230. 4. If federal jurisdiction is later determined to exist, the applicant must comply with any requirements of USACE. 30 5. Approval by the city to impact wetlands in no way implies a determination by the city of USACE jurisdiction or federal regulations. 6. A wetland delineation and boundary determination are valid for the period established by the USACE five years from the original report date. Section 4 That Division 38.620 (Watercourse setbacks), Bozeman Municipal Code shall be amended as follows: … F. The review authority may grant preliminary approval of a development application in conformance with all applicable standards and regulations prior to final Jurisdictional Determination being issued by the USACE and determination of status issued by the Gallatin Conservation District (GCD) as may be applicable to an individual development. Based on the final decision of the USACE or GCD modifications to an approved plan may be required pursuant to section 38.740.120; material modifications to a plat are subject to 38.100.070 and 38.750.090. Section 5 That Section 38.710.120 (Submittal materials for regulated activities in wetlands), Bozeman Municipal Code shall be amended as follows: Sec. 38.710.120. Submittal materials for review of activities in or adjacent to wetlands and watercourses. A. An applicant for a permit under this chapter on a site where wetlands and/or watercourses may be present or adjacent to the subject property must submit a wetlands and watercourses delineation report including the following information: 1. If wetlands or watercourses are not present on or adjacent to the subject property, a letter signed by a qualified wetlands professional must be submitted to the city certifying there are no wetlands or watercourses within the subject property or adjacent to the property and describing the methods used to determine that wetlands or watercourses do not exist on or adjacent to the property. 2. If a wetland or watercourse is present or adjacent to the property, a wetland and watercourse delineation report must be submitted to the city. When required to determine the wetland or watercourse location and function, the delineation report must consider land outside the boundary of the property proposed for development. 31 a. The wetland and watercourse delineation report must include the following which must have been developed within five (5) years of the date of the submission of the report: (1) Wetland and watercourse descriptions; (2) An Approved Jurisdictional Determination provided by the USACE; (3) A functional assessment of the wetland, made in compliance with an assessment tool currently accepted by USACE and/or the State of Montana.; (4) All data collected must support accurate confirmation of the three positive wetland indicators as included in the definition of wetland at 38.700.210; (5) Wetland and watercourse acreages as determined by a licensed surveyor (the review authority may approve the use of other survey grade GPS methods); (6) Maps that depict property boundaries, watercourse centerlines, ordinary high- water marks delineated in accordance with the procedures specified in the current version of the Ordinary High Water Mark Field Delineation Manual for Rivers and Streams sanctioned by the USACE Omaha District, watercourse setbacks, delineated wetland boundaries and buffers, and wetland acreages; (7) Wetland data on forms established by the USACE; (8) A determination of watercourse status issued by the Gallatin County Conservation District; and (9) A narrative description of how the applicant will first avoid and if avoidance is not possible, minimize and mitigate impacts to wetlands and watercourses. Section 6 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 32 Section 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 9 Codification. Sections 2-4 of this Ordinance shall be codified as instructed in the individual sections. Section 10 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 33 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____ day of September 2026. ____________________________________ JOEY MORRISON Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ______ of ___________________, 2026. The effective date of this ordinance is __________, ____, 2026. _________________________________ JOEY MORRISON Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 34