HomeMy WebLinkAbout08-17-26 Public Comment - K. Berry - Public Comment for Community Development Board, 8.17From:Katherine Berry
To:Bozeman Public Comment
Subject:[EXTERNAL]Public Comment for Community Development Board, 8.17
Date:Monday, August 17, 2026 11:49:57 AM
Attachments:26.08.17 Public Comment to Community Development Board- AJD removal.pdf
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Hello,
Please see the attached public comment for the August 17th Community Development Boardmeeting.
Best,
Gallatin Watershed Council
-- Katherine Berry, Water Policy Manager Gallatin Watershed Councilwww.gallatinwatershedcouncil.org | katherine@gallatinwatershedcouncil.org
Cell: 860-558-3323
To: Community Development Board
From: Gallatin Watershed Council
Date: August 17th, 2026
Dear Community Development Board Members,
The Gallatin Watershed Council supports the City’s proposal to decouple the U.S. Army Corps
of Engineers (Army Corps) Approved Jurisdictional Determination (AJD) and the Gallatin
Conservation Districts (GCD) jurisdictional determination from the wetland and watercourse
delineation report (delineation report). We also recommend requiring the delineation report to be
due at the first stage of development review, during the pre-application and concept plan review.
This approach provides the City and applicants with critical data early in the planning process
while avoiding delays associated with external permitting processes.
The delineation report provides essential information about wetlands and watercourses,
including resource descriptions, a wetland delineation and functional assessment, acreages of
the resources, and a narrative description of how the impacts will first be avoided, and when
avoidance is not possible, minimized and mitigated. Currently, the delineation report also
requires the AJD and determination from the GCD. This ties the City's review process and the
submission of critical site constraints to external permitting timelines that are outside the City's
control and can take months or a year to complete. Requiring the wetland delineation report at
the earliest development stage, without the jurisdictional determination from the Army Corps or
the GCD, will improve the code’s usability and intent by clarifying when the delineation report is
due, consolidating submittal materials, and aligning with code updates.
1. Clarify when the delineation report is due
It is currently unclear when in the development process the delineation report is due, reducing
its effectiveness as a planning tool to avoid site constraints. While the code first references a
wetland delineation in the preliminary plat submittal requirements (sec. 38.710.050. -
Documentation of compliance with adopted standards.), the section that outlines the required
contents of the delineation report (sec. 38.710.120. - Submittal materials for review of activities
in or adjacent to wetlands and watercourses) does not specify when it must be submitted.
Requiring the delineation report at pre-application and concept plan review would ensure that
site constraints are identified before design decisions are made, reinforcing the City's
commitment to avoiding impacts to these important resources.
2. Streamline and consolidate submittal materials
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org
Under our current code, applicants must map a myriad of water resources, such as streams,
wetlands, irrigation ditches, ponds, marsh areas, and more when submitting a pre-application or
concept plan (sec. 38.710.030. - Subdivision pre-application submittal materials., sec.
38.710.190. - Submittal materials for concept plans). Applicants often get this information
through aerial images and publicly available maps of wetlands, riparian areas, and
watercourses. This process is useful for broad-scale land use planning, but without a formal
delineation, this mapping lacks the accuracy and completeness needed for site design.
A wetland delineation is a standardized on-site method for identifying wetlands, streams, and
ditches using soils, vegetation, and hydrology. The information required in the delineation report,
including the wetland boundary and function, can be done by a wetland professional during the
delineation process. Requiring the delineation report at the earliest development phase would
consolidate many existing mapping requirements into a single, more accurate product.
3. Align with the intent of the development code updates
a. Impact avoidance
Our development code prioritizes impact avoidance, requiring that “Applicants must avoid
impacts to regulated wetlands.” (sec. 38.610.030. - Application of wetland regulations.) That
goal is much easier to achieve if wetlands and watercourses are accurately identified before
roads, lot lines, and buildings are designed. Early delineation reduces costly redesigns and
better protects aquatic resources.
b. Parkland dedication
One of the updates from the wetland and watercourse code adoption in 2025 was that
watercourses and their associated setbacks could be included in parkland dedication (Division
38.620. - Watercourse Setbacks). Park planning starts at pre-application/ concept plan review
(sec. 38.710.030. - Subdivision pre-application submittal materials., sec. 38.710.190. - Submittal
materials for concept plans.), where the location of any critical lands like wetlands, riparian
areas, and streams are noted. Therefore, applicants need accurate delineation information at
that same stage to meaningfully incorporate these resources into project design.
Thank you for your time and consideration. We encourage the City to require wetland and
watercourse delineation reports during pre-application and concept plan review while
maintaining the proposed separation of jurisdictional determinations to provide better
information earlier in the development process and support the intent of the updated code.
Sincerely, Gallatin Watershed Council
The Gallatin Watershed Council guides collaborative water stewardship
in the Gallatin Valley for a healthy and productive landscape.
www.gallatinwatershedcouncil.org