HomeMy WebLinkAbout014_Wetland Review Checklist WRWETLAND REVIEW APPLICATION CHECKLIST
Wetland Review Checklist Page | 1 Revision Date: March 2026
GENERAL INFORMATION
This handout is for all activities proposed in or adjacent to regulated wetland areas. Sections 38.710 38.610 and 38.620 BMC
includes the wetland and watercourse regulations for the City of Bozeman (City). The regulations provide specific guidelines and
methods to identify whether an area is a wetland and to determine the boundary between wetlands and uplands. The City’s
wetland regulations apply to both wetlands with direct hydrologic connection to “Waters of the U.S.” and to isolated wetlands
with no direct connection to a Water of the U.S., and that exhibit positive wetland indicators for all three wetland parameters.
DIGITAL SUBMITTALS & NAMING PROTOCOL
All parties applying for activity permits proposing action affecting federal, state or City regulated wetlands, watercourse and/or
buffers within the City limits must submit the following information in compliance with Section 38.710.120 BMC:
1.Create and submit a Planning application using the ProjectDox portal;
a.After completing your Development Review Application, you will receive a Notification Letter (example) via email. Please
download this document and obtain owner’s signature. Upload as a PDF to the “Documents” folder in ProjectDox.
2.The digital copies must be separated into two categories: Documents and Drawings.
a.The Documents folder should include items such as application forms, narrative, response to City comments, supplemental
documents, technical reports, easements, legal documents, and other applicable documents.
b.The Drawings folder should include items such as site plans, civil plans, utility plans, landscape plans, photometric plans, existing
and proposed topography, and other applicable plans. All drawing files must be drawn and formatted for a 24” x 36” sheet file
or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape layout and include a north arrow and scale. Refer to
our Quick Guide for additional information;
3.Naming protocol. All files should be numbered and named according to their order listed on your provided Submittal Checklist.
File names should start with a numeric value followed by the document name. The numeric value at the beginning of the file
name ensures the order in which they are displayed. Refer to our Quick Guide for additional information;
WETLAND AND WATERCOURSE REVIEW CHECKLIST
All parties applying for activity permits proposing action affecting federal, state, or city-regulated wetlands, watercourses, and/or
their setbacks or buffers within the city limits must submit the information in the tables below in compliance with Sections
38.710.120, 38.610, and 38.620. (subsections 30, 80, 90, and 100) of the BMC. After the parties provide the required information,
the City will review it for compliance with the code. The City will confirm the information with an ‘N/A’ (i.e., not applicable) if the
code does not apply to the action, a ‘Yes’ if information is adequate, a ‘No’ if missing, or an ‘Inadequate’ if the submitted material
does not meet the required submission. If the review team determines that information is missing or inadequate, the City will
request additional information.
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Table 1. 38.710.120 Submittal materials for review of activities in or adjacent to wetlands and watercourses
Code Section Code Requirement
38.710.120.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 that 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.
Applicant
Confirmation
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.
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:
(a.1) Wetland and watercourse descriptions;
Applicant
Confirmation
(a.2) An Approved Jurisdictional Determination provided by the U.S. Army Corps of Engineers (USACE);
Applicant
Confirmation
(a.3) A functional assessment of each wetland, or mosaic of wetlands made in compliance with an assessment
tool currently accepted by USACE and/or the State of Montana;
Applicant
Confirmation
(a.4) All data collected must support accurate confirmation of the three positive wetland indicators as
included in the definition of wetland at 40.04.070;
Applicant
Confirmation
(a.5) Wetland and watercourse acreages as determined by a licensed surveyor (the review authority may
approve the use of other survey-grade GPS methods);
Applicant
Confirmation
(a.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;
Applicant
Confirmation
(a.7) Wetland data forms (U.S. Army Corps of Engineers data forms)
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Code Section Code Requirement
Applicant
Confirmation
(a.8) A determination of watercourse status issued by the Gallatin County Conservation District; and
Applicant
Confirmation
(a.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.
Applicant
Confirmation
3. If development activities are proposed in or adjacent to watercourses or wetlands, the following
additional information is required in the wetlands and watercourse delineation report:
a. A site plan consisting of an accurate scaled drawing which shows:
a.
• The boundaries of the subject property; delineated wetland and watercourse boundaries; wetland
buffer boundaries; watercourse setbacks; and all existing and proposed structures, roads, trails,
and easements.
• The site plan must provide a table of existing wetland jurisdictional status, acreage, and respective
functional classes for each wetland, previously required wetland buffers and acreage for each
wetland, and linear feet of all watercourses.
• In addition, all direct impacts to wetlands, watercourses, setbacks, and buffers must be depicted and
summarized in a table on the site plan. The summary table must include:
o the wetland/watercourse identification number; labeling of the corresponding wetland
buffer or watercourse setback with its width and acreage;
o the acreage of the subject property and of each wetland, watercourse, and wetland buffer
or watercourse setback;
o notation of the wetland jurisdictional status;
o proposed impacts within all wetland buffers and watercourses setbacks; and,
o proposed mitigation methods and acreages.
Applicant
Confirmation
b. All indirect impacts must be summarized in a narrative section of the application.
Applicant
Confirmation
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c.
Application materials for all applicable permits identified in 38.710.020. These permits include, but are
not limited to:
1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau,
Fisheries Division, Montana Fish, Wildlife and Parks.
2. Stormwater discharge general permit. Administered by the water quality bureau, the state
department of environmental quality.
3. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the board of
supervisors, the county conservation district.
4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit). Administered
by the city engineering department.
5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the U.S.
Environmental Protection Agency.
6. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of Engineers.
7. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by the state
Department of Environmental Quality.
8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state department
of natural resources and conservation.
9. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the water
rights bureau, the state department of natural resources and conservation
Applicant
Confirmation
4. Mitigation Report. If, in review of the required submittal materials, the review authority determines
adverse impacts to wetlands or watercourses will occur, the following information must be submitted to
the city in the form of a mitigation report:
a. The mitigation report must:
(a.1) Identify proposed mitigation consistent with the priorities listed in 38.610.100 and the rationale for the
applicant’s preferred mitigation.
Applicant
Confirmation
(a.2)
Include the following: the name and contact information of the applicant; the name, qualifications, and
contact information for the primary author of the mitigation report; a description of the mitigation
proposal; a summary of the direct and indirect impacts; identification of all local, state, and federal
wetland or watercourse-related permits required for the proposed mitigation; and a vicinity map for the
project.
Applicant
Confirmation
(a.3)
An assessment of existing conditions in the area of the proposed mitigation, including vegetation
community structure and composition, existing hydroperiod, existing soil conditions, and existing
wetland functions.
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Applicant
Confirmation
(a.4) An assessment of the potential changes in wetland hydroperiod for the proposed project.
Applicant
Confirmation
(a.5)
A description of the proposed mitigation actions for wetlands, watercourses, setbacks, and buffer areas,
and how the design has been modified to first avoid, and if avoidance is not possible, then minimize or
reduce impacts to the wetland hydroperiod. Provide specifications for all proposed compensatory
mitigation for unavoidable impacts to wetlands and their buffers, and to watercourses and their
setbacks. Include a map and table with all proposed mitigation areas and their required buffers.
Applicant
Confirmation
(a.6) Field data that documents the existing conditions of the proposed mitigation sites.
Applicant
Confirmation
(a.7)
An analysis of the anticipated post development hydrologic and soil conditions on the project site
hydrologic and soil conditions of the mitigation wetlands based on the proposed mitigation (e.g., data
that demonstrate hydrologic conditions (e.g. piezometer data, staff/crest gage data, hydrologic
modeling, visual observations; data that demonstrate soil conditions (e.g., data from hand-dug or
mechanical soil pits or boring results). The applicant may not rely on NRCS soil survey data for
establishing existing conditions.
Applicant
Confirmation
(a.8)
A planting plan and schedule by proposed community type and hydrologic regime, size and type of plant
material to be installed, spacing of plants, typical clustering patterns, total number of each species by
community type, timing of installation, nutrient requirements, watering schedule, weed control, and,
where appropriate, measures to protect plants from damage.
Applicant
Confirmation
(a.9)
A mitigation monitoring plan must include a period of not less than five years and establish the entity
responsible for long-term operations, maintenance, and monitoring and the methods the applicant will
use to ensure the mitigation meets the objectives established by the plan.
Applicant
Confirmation
(a.10)
Wetland mitigation performance criteria for mitigation wetlands and buffers (measurable standards
reflective of expected development goals established for each year after the mitigation site is
established, e.g., "At the end of five years, there will be an 80 percent survival of the planted shrubs and
trees").
Applicant
Confirmation
(a.11)
Contingency plans which clearly define courses of action or corrective measures if performance criteria
are not met, including strategies for adaptive management and change in mitigation option and the
entity responsible for implementing any required contingency plans.
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Applicant
Confirmation
b. The mitigation report must include scaled plan sheet(s) for the mitigation plan. The scaled plan sheet(s)
must contain, at a minimum:
(b.1) The surveyed edges of existing wetlands and buffers; the proposed location and acreage of wetlands and
buffer impacts; and the location of proposed wetland and buffer mitigation areas.
Applicant
Confirmation
(b.2) Surveyed topography at half-foot contour intervals in the area of the proposed mitigation if any grading
activity is proposed in the proposed mitigation area.
Applicant
Confirmation
(b.3) Provide an existing and proposed mitigation design cross-section for the wetland and/or buffer proposed
mitigation areas.
Applicant
Confirmation
c. A description of ongoing management practices that will protect and maintain any nonimpacted wetland
areas and the proposed mitigation wetland, watercourse, and buffer areas.
Applicant
Confirmation
38.710.120.B If agricultural water user facilities are present, then the development application must include
application materials required pursuant to 38.710.050, 38.310.010, and 38.410.060.
Applicant
Confirmation
38.710.120.C An as-built plan of the affected area within six months of completion.
Applicant
Confirmation
Table 2. Sec. 38.620. Watercourse Setbacks
Code section Code Requirement
38.620.D The requirements of this section may not be less restrictive than the requirements of the city floodplain
regulations or any other applicable regulation of this chapter.
1
The watercourse setbacks must be measured from the ordinary high-water mark as defined in
38.800.160 and as depicted on Figure 38.620-1. When no ordinary high-water mark is discernible, the
watercourse setback must be measured from the top of the watercourse bank.
Applicant
Confirmation
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2
The following apply to all developments.
a. Setbacks. The following setback requirements must be met:
1) East Gallatin River. A minimum 100-foot setback must be provided along both sides of the East
Gallatin River.
2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be provided
along both sides of Sourdough/Bozeman and Bridger Creeks.
3) Other watercourses. A minimum 50-foot setback must be provided along both sides of all other
watercourses.
2.a.(4)
All watercourse setbacks must be extended as necessary to address the following additional
requirements;
(4.a)
The setback must extend to the delineated boundary of the regulated flood hazard area pursuant to
38.600.130.B where the regulated flood hazard boundary is larger than the setbacks established in this
subsection D.2.a (see Figure 38.620-2);
Applicant
Confirmation
(4.b)
The setback must incorporate a minimum 50-foot wetland setback from the delineated boundary of any
wetlands adjacent to the watercourse. A larger setback may be established per 38.610. A wetland is
adjacent to a watercourse when some or all of the wetland lies within the required watercourse setback.
Figure 38.620-3.
Applicant
Confirmation
2.c Allowed encroachments. The watercourse setback is divided into two zones. Zone 1 consists of 60
percent of the setback closest to the watercourse, and Zone 2 consists of the remaining 40 percent of
the setback furthest from the watercourse. The following describes exceptions for development in Zone
1 and Zone 2
(1) On-site stormwater treatment facilities may be located in Zone 2.
Applicant
Confirmation
(2.a) Trails, and trail-related improvements, such as benches and trail signage, may be placed in Zone 2;
Applicant
Confirmation
(2.b) Limited, non-looping developed spur trails to the edge of the watercourse may cross all zones. Benches
and limited informational/interpretive signage may be placed in Zone 1 at the terminus of spur trails;
Applicant
Confirmation
(2.c)
Due to topography, avoidance of wetlands, or geographical constraints, portions of non-spur trails may
be placed in Zone 1. Trail construction within Zone 1, inclusive of watercourse crossings and spur trails
may not exceed the length of 300 percent of the width of the applicable watercourse setback per 500
lineal feet of watercourse;
Applicant
Confirmation
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(2.d) All trails must be constructed to minimize bank instability, sedimentation, nutrient and pollution runoff.
Trails must be aligned to minimize damage to plant and wildlife habitat; and
Applicant
Confirmation
(2.e) Trails crossing the watercourse and trail-related bridge structures may be located within all zones
provided that the appropriate local, state and federal permits are obtained.
Applicant
Confirmation
(3.a)
(Street) Crossings of active transportation pathways, utility lines, or similar public construction must be
minimized to the greatest extent feasible while still complying with other applicable standards of this
code;
Applicant
Confirmation
(3.b) Crossings with direct angles (90 degrees) must be used to the greatest extent feasible instead of oblique
crossing angles;
Applicant
Confirmation
(3.c) Construction must be capable of withstanding 100-year flood events; and
Applicant
Confirmation
(3.d) A bank stabilization plan for all watercourse crossings must be prepared and approved by the review
authority prior to site preparation and installation of the improvement.
Applicant
Confirmation
(4)
Outlets from stormwater treatment facilities may pass through all zones, provided that all required
permits are obtained. Stormwater facilities must be designed to prevent the discharge of untreated
stormwater directly into a watercourse.
Applicant
Confirmation
(5) Ongoing control of noxious weeds by the property owner is required and activities required within limits
outlined in any approved noxious weed control plan may occur in all zones.
Applicant
Confirmation
2.d Setback planting. To ensure watercourse setback function, a setback planting plan must be prepared by
a qualified landscape professional and must be reviewed and approved by the review authority prior to
the commencement of development or site preparation. The plan must include a schedule, and
plantings must be depicted on the plan as follows
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(1)
Zone 1 must be (re)vegetated with new or existing native materials suited for a riparian area based on
the following. One hundred percent of the disturbed areas of Zone 1 must be planted with a ground
cover of native riparian trees, sedges, forbs, and grasses suited for the area. In addition, a minimum of
one shrub for every ten linear feet and one tree for every 30 linear feet of the watercourse must be
planted along each side of the watercourse. Grouping or clumping of trees and shrubs as appropriate in
a riparian area is encouraged. Species that are appropriate to the soil hydrologic conditions are required.
Tree and shrub species selected must be suitable for the climate and for planting in a riparian area with
an emphasis on native species. Incorporation of existing healthy vegetation of types required in this
section within the setback planting plan is encouraged.
Applicant
Confirmation
(2)
Zone 2: Disturbed areas of Zone 2 must be revegetated with new or existing native grasses suited for the
area. Plantings in this area must be maintained in a natural state consistent with the approved setback
planting plan and managed for good plant health.
Applicant
Confirmation
(3-5) Criteria under special exemptions.
(6) Use of native grasses, forbs, sedges, trees, and other herbaceous plants in areas of disturbance (e.g.,
bridges, culverts, utilities installation, trails) within the watercourse setback is required.
Applicant
Confirmation
See the remaining sections of this code for other exemptions, relief, and restrictions
Table 3. Sec. 38.610.030, 38.610.080, 38.610.090, and 38.610.100 Additional Submittal Materials for Regulated Activities in
Wetlands
Code Section Code Requirement
38.610.030.A
1 & 2
Wetland delineation must be prepared by a qualified wetland professional. A qualified wetland
professional is an individual with a minimum of a bachelor's degree in a water resource-related field, five
years' experience in a wetland-related field, and/or a professional wetland scientist certification.
Applicant
Confirmation
Provide this information. Once we are satisfied that these criteria are met, we will maintain a roster of
qualified personnel. If you are on that roster, we will not ask for this information again.
38.610.080.A The review authority may approve an application under this division 38.610 after having considered the
applicant’s documentation of:
1 The functions and values described in 38.610.030 and as determined by a USACE accepted method of
functional assessment of the wetland that may be affected by the proposed regulated activity;
Applicant
Confirmation
2 The extent and permanence of adverse effects of the regulated activity on the wetland and any
associated watercourse;
Applicant
Confirmation
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Code Section Code Requirement
3 Any proposed mitigation, and
Applicant
Confirmation
4.a The applicant’s demonstration that any unavoidable adverse impacts on the wetland have been
minimized;
Applicant
Confirmation
4.b.1&2
The applicant’s demonstration the activity will result in minimal impairment to any wetland function,
including plant, animal, or other wildlife species listed as threatened, endangered under federal law or,
species of concern, potential concern, or species of the state:
Applicant
Confirmation
38.610.080.B
Minimum Wetland Buffer. All development must provide a minimum wetland buffer of 25 feet from the
edge of the delineated wetland, wherein any disturbance to the wetland buffer, including construction
activities, is prohibited. The review authority may require a larger wetland buffer based on the wetland
delineation report.
Applicant
Confirmation
38.610.090
The review authority may require mitigation as provided for in 38.610.100 and impose conditions of
approval for proposed regulated activities that are necessary to mitigate impacts to wetlands, or which
are necessary to mitigate infringement upon wetlands and wetland buffers, or negative indirect or direct
effects on the functionality of wetlands and wetland buffers. Conditions of approval may include but are
not limited to, the following:
A Notwithstanding the minimum wetland buffer, requiring a wetland buffer of a size appropriate for the
proposed activity and the regulated wetland as determined by the review authority;
Applicant
Confirmation
B Requiring structures be appropriately supported and elevated or otherwise protected against hazards;
Applicant
Confirmation
C Modifying proposals for waste disposal, stormwater, or water supply facilities;
Applicant
Confirmation
D
Requiring protective covenants between the landowner and the city regarding the future development,
use, and subdivision of lands, including but not limited to the preservation of undeveloped areas as open
space and restrictions on vegetation removal;
Applicant
Confirmation
E Requiring a protective covenant between the landowner and the city stating the measures that will be
taken to protect all water resources, mitigation, and buffer areas;
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Applicant
Confirmation
F Requiring erosion control and stormwater best management practices (BMPs);
Applicant
Confirmation
G Clustering structures or development;
Applicant
Confirmation
H Restricting fill, deposit of soil, and other activities which may be detrimental to a wetland;
Applicant
Confirmation
I Modifying the project design to ensure a reliable source and flow of water to the regulated wetland;
Applicant
Confirmation
J Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland
functions;
Applicant
Confirmation
K Requiring a mitigation monitoring report to be submitted to the review authority (the period and
frequency of the reporting will be determined on a case-by-case basis); and
Applicant
Confirmation
L Requiring that all reasonable effort be made to limit indirect impacts to vegetation and hydrological
connectivity in the site design.
Applicant
Confirmation
38.610.100.A
Adverse wetland impacts must be mitigated regardless of wetland jurisdictional status in the following
order of priority except as may be required or authorized by the USACE for wetlands within USACE
jurisdiction:
1
Impacts must be mitigated on-site where feasible to do so. Using an approved wetland functional
assessment methodology, the replacement function and value of the on-site mitigation wetland must
meet or exceed the functions and values of the impacted wetland. If conditions are not suitable for
establishing on-site mitigation, the review authority may authorize an alternative mitigation as described
in subsections A.2-6. On-site mitigation must be conducted in accordance with methods and standards
established by the USACE. Factors the review authority may consider in determining feasibility of on-site
mitigation include but are not limited to: available area; the availability and reliability of water to serve
the mitigation site; soil and vegetation types; wetland size and functional class; existing and future land
use; compliance with adopted land use plans; and the city’s current and future planned transportation
network.
Applicant
Confirmation
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2
If mitigation is not suitable on-site, impacts must be mitigated through the purchase of wetland
mitigation credits from a wetland bank authorized by the USACE and which is located within the East
Gallatin River watershed.
Applicant
Confirmation
3
If an authorized wetland bank is not available in the East Gallatin watershed, impacts must be mitigated
through the purchase of wetland mitigation credits from a wetland bank authorized by USACE and which
is located within the Gallatin River watershed; .
Applicant
Confirmation
4
If a wetland bank is not available within the Gallatin River watershed, the developer must provide a
proportional payment to an in-lieu fee wetland mitigation provider authorized by the USACE to develop
wetland mitigation projects within the Gallatin River watershed; and
Applicant
Confirmation
5
If a wetland in-lieu fee provider authorized by the USACE is not available within the Gallatin River
watersheds, the developer must obtain wetland mitigation credits from the geographically nearest
wetland bank authorized by the USACE.
Applicant
Confirmation
SITE PLAN SUBMITTAL REQUIREMENTS
All site plans must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Site plan pages shall be properly
oriented in landscape layout and include a north arrow and scale.
All applicable items noted below shall be addressed on the site plan:
Applicant
(Check) Site Plan Checklist City Staff
(Check)
□ 1. North arrow, site address, tax parcel number and map scale used. □
□ 2. All property line boundaries and dimensions. Property owner is responsible for
knowing their property line locations and flagging them onsite if requested. □
□ 3. All existing and proposed structures; include all areas to be disturbed. □
□
4. All means, existing vehicular and pedestrian ingress and egress to and from the site,
such as driveways, streets and fire access roads, including existing road names and
existing City and State right-of-way.
□
□ 5. All easements encroaching onto the property (e.g., utility, road, railroad, etc.) □
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Applicant
(Check) Site Plan Checklist City Staff
(Check)
□ 6. Location of all existing and proposed utilities such as septic tanks, drainfields, sewer
lines, water lines, wells, gas lines, underground and overhead electric lines. □
□ 7. Location of any delineated critical areas and buffers (e.g., wetlands, ponds, streams,
seasonal drainages, flood plain, high groundwater, trees, special habitat, etc.). □
APPLICATION FEE
For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January.
CONTACT US
Alfred M. Stiff Professional Building 20 East Olive Street
PO Box 1230
Bozeman, MT 59715
phone 406-582-2280
engsubmittals@bozemanmt.gov
www.bozeman.net/engineering