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HomeMy WebLinkAbout20260901_CC_Wetland Submittal_RevisionWetland & Watercourse Code Amendment Bozeman City Commission September 1, 2026 76-25-203 Existing conditions and population projections 76-25-207 Local services and facilities 76-25-208 Economic development 76-25-209 Natural resources, environment, and hazards 76-25-213 Land use and future land use map 76-25-302 Encouragement of development of housing. 76-25-304 New or Increased impacts 76-25-304, MCA Authority to adopt local zoning regulations. Substantial compliance with land use plan including: Criteria of Review Wetland & Watercourses Code Amendment Background •2022: City Commission sets goal to support creation of local wetland bank •Staff proposed to amend mitigation requirement in Wetland Code (38.610) •2023: Staff completes draft code revision and presents to advisory boards and Commission •City Commission pauses project and directs staff to expand scope and engagement •2025: Staff completes replacement of Wetland and Watercourse code utilizing Kleindl recommendations and public engagement •2026: Staff recommends revisions to Submittal Requirements based on feedback from regulatory agencies Wetland & Watercourses Code Amendment Scope of Proposed Changes •Remove the following: •Sec. 38.710.120 Submittal materials •A.2.a(2) An Approved Jurisdictional Determination provided by the USACE •A.2.a(8) A determination of watercourse status issued by the Gallatin Conservation District Wetland & Watercourses Code Amendment Sec. 38.710.120 Submittal materials •A.2.a(2) An Approved Jurisdictional Determination provided by the USACE Justification •All wetlands within city limits are now protected by either Federal or Local authority •An AJD is a separate action from a CWA 404 permit •AJDs typically take 12-18 months •An applicant may assume USACE authority and begin 404 permit approval without an AJD •All other elements of City Wetland Code can be implemented with this revision •Removal of the submittal requirement will streamline review without subtracting from quality Wetland & Watercourses Code Amendment Sec. 38.710.120 Submittal materials •A.2.a(8) A determination of watercourse status issued by the Gallatin Conservation District Justification •GCD no longer provides determination of status prior to submittal of a 310 permit •City understands their reasoning and cannot compel them to change policy •Submittal requirement must be removed to allow an applicant a viable path to approval Wetland & Watercourses Code Amendment Engagement •Stakeholder meeting held on June 30, 2026 •Consensus reached that proposed amendment is reasonable and appropriate •Further discussion held on next steps of wetland and watercourse code implementation falling outside the scope of the current amendment •Replacement ratios •On-site mitigation manual •Joint permitting Wetland & Watercourses Code Amendment Questions for Staff Public Comment Recommendation •Sustainability Board in support, July 8 •Community Development Board recommendation, August 17 •Comment in support Public Notice •May 12, 2026, City Commission acted to initiate text amendment. •Public notice per section 38.730, BMC. Recommended 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. Wetlands & Watercourse Submittal ZTA