HomeMy WebLinkAboutChapter_56 Bozeman Wetland Regulation
Title 18
Chapter 56
BOZEMAN WETLAND REGULATION
Sections:
18.56.010 Title
18.56.020 Intent and Purpose
18.56.030 Application of Wetland Regulation
18.56.040 Wetlands Review Board Powers and Duties
18.56.050 Wetlands Mapping
18.56.060 Regulated Activities
18.56.070 Application Requirements and Procedures for Regulated Activities in Regulated
Wetland Areas
18.56.080 Review Standards
18.56.090 Wetlands Permit Conditions
18.56.100 Appeals
18.56.110 Enforcement
18.56.010 Title
These regulations shall be known as the Bozeman Wetland Regulations and may be cited
as the "wetlands regulations." (Ord. 1645 S 1, 2005)
18.56.020 Intent and Purpose
A. Wetlands perform many important ecological functions. It is the intent and purpose
of this chapter to protect, preserve, and enhance wetlands to provide the following
functions:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community
residents. It is the intent of this chapter to protect, preserve, and enhance wetlands
to provide the following values:
1. Habitat for fish, wildlife, and plants (including endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural, and archeological resources.
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C. Wetlands can present significant constraints to development. Wetlands typically
form in areas characterized by poor drainage conditions which are ill-suited for most
types of development. Development in these areas often involves extra expense
resulting from considerations for site drainage, flood protection, and facility
maintenance. In addition, wetlands are characterized by hydric soils that are
unstable for most types of development. Hydric soils tend to compress under the
weight of structures and decompose when drained. Therefore, costs of
development may be greater due to complex engineering design requirements or
the need to excavate and replace the soils. It is the intent of these regulations to
protect public and private facilities and structures from damage, and to minimize
public and private development and maintenance costs.
D. It is not the intent of this chapter to prohibit all activities within regulated areas, but
rather to encourage the avoidance of regulated activities within the regulated areas
and to require best management practices in regulated areas.
E. Nothing in this chapter shall be construed to prevent irrigation companies from
diverting and carrying water under historic water rights or owners of such rights from
exercising those historic rights.
F. Nothing in this chapter shall be construed to prevent compliance with applicable
state or federal statutes and regulations. (Ord. 1645 S 1, 2005)
18.56.030 Application of Wetland Regulations
A. These regulations shall apply to any regulated activity which may impact wetlands
as indicated on the Bozeman Area Wetland Map or discovered through the
development review process and verified through a site-specific wetlands boundary
determination. When any regulated activity is proposed, and the Bozeman Area
Wetland Map indicates that wetlands are present on the subject tract or if wetlands
are discovered through the development review process, a wetlands boundary
determination shall be conducted. If the determination finds that there are no
wetlands present on the subject tract, these regulations shall not apply. If, however,
wetlands are found on the subject tract the proposal shall be subject to these
regulations. The provisions of this chapter shall be applied in addition to any other
applicable regulations of this title.
1. The wetlands boundary determination shall be prepared in accordance with
the Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(January, 1987).
B. Isolated wetlands with a size of less than 400 square feet, regardless of property
boundaries, are exempt from this chapter unless the wetland provides habitat forthe
following species:
1. Plant, animal, or other wildlife species listed as threatened or endangered
by the United States Fish and Wildlife Service; and/or
2. Plant, animal, or other wildlife species listed as a Species of Concern,
Species of Potential Concern, or Species on Review by the Montana
Department of Fish, Wildlife and Parks, and the Montana Natural Heritage
Program.
C. Any development for which the watercourse setback requirements of S 18.42.100
are provided is considered to have addressed the concerns of this chapter and is
exempt from this chapter.
D. Any activity for which the US Army Corps of Engineers has issued a permit in
accordance with Section 404 of the Clean Water Act is considered to have
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addressed the concerns of this chapter and is exempt from this chapter, unless the
Section 404 permit was issued under the authority of Nationwide Permit 12, 23, 29,
39,40,41,42,43,or44.
E. This chapter is not intended to repeal, abrogate, supersede, or impair any existing
federal, state, or local law, easement, covenant, or deed restriction. However, if this
chapter imposes greater or more stringent restrictions, the provisions of this chapter
shall prevail. Specifically, if a regulated activity pursuant to this chapter also
requires authorization under Section 404 of the Clean Water Act from the US Army
Corps of Engineers, the applicant shall meet any greater or more stringent
restrictions set forth in this chapter in addition to and independent of the restrictions
of such permit. (Ord. 1645 S 1, 2005)
18.56.040 Wetlands Review Board Powers and Duties
In addition to the duties established by Chapter 18.62, the WRB shall have the following
powers and duties:
A. Prepare functional assessments for wetlands that may be impacted by regulated
activities;
B. Based on wetland functional assessments and other submittal materials, make
recommendations to the Planning Director or City Commission to allow or disallow
the regulated activity;
C. Recommend to the Planning Director or City Commission appropriate wetland buffer
widths based on the functional assessment and other submittal materials;
D. Recommend to the Planning Director or City Commission additional conditions on
regulated activities that are reasonably necessary to carry out the purpose and
intent of this chapter;
E. Provide assistance to applicants to design developments that minimize impacts to
wetlands; and
F. Testify before all boards, commissions, and agencies on any matter affecting
wetlands. (Ord. 1645 S 1,2005)
18.56.050 Wetlands Mapping
A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall be used
to implement this chapter.
B. The Bozeman Area Wetlands Map may be amended by resolution by means of the
performance of a wetland boundary determination. Wetland boundary
determinations shall be performed in accordance with the procedures specified in
the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January,
1987).
1. A CD-ROM containing the wetland boundary determination and raw survey
data (if applicable) shall be provided for use in amending the Bozeman
Area Wetland Map. The data shall be reported in UTM Zone 12
coordinates and NAD83 datum.
C. Prior to annexation, boundary determinations shall be prepared for all wetlands on
the property to be annexed. (Ord. 1645 S 1, 2005)
18.56.060 Regulated Activities
A. No person shall conduct any of the following regulated activities within a regulated
wetland area, as described in S 18.56.030 of this chapter, without first having the
proposed activity reviewed by the WRB and approved by the Planning Director or
City Commission as appropriate. Any activity in a regulated area which reduces the
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size of a wetland or reduces the degree to which a wetland performs any function
is subject to the requirements of this chapter, including but not limited to:
1. Placement of any material, including without limitation, any soil, sand,
gravel, mineral, aggregate, organic material, or water;
2. Construction, installation, or placement of any obstruction or the erection
of a building or structure;
3. Removal, excavation, or dredging of solid material of any kind, including
without limitation any soil, sand, gravel, mineral, aggregate, or organic
material;
4. Removal of any existing vegetation or any activity which will cause any loss
of vegetation in a wetland;
5. Alteration of the water level or water table by any means, including without
limitation draining, ditching, trenching, impounding, or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation
patterns, flow patterns, or flood retention characteristics by any means,
including without limitation grading and alteration of existing topography.
B. The following activities are permissible in a regulated wetland area, without review
by the WRB and approval by the Planning Director or City Commission, if they do
not reduce the size of a wetland or significantly reduce the degree to which a
wetland performs any function:
1. Maintenance of an existing and lawful public or private road, structure, or
facility, including but not limited to drainage facilities, water conveyance
structures, dams, fences, or trails, or any facility used to provide
transportation, electric, gas, water, telephone, telecommunications or other
services provided that these activities do not materially change, or enlarge
any road, structure or facility;
2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural
fence, or drainage system;
3. Weed control consistent with a Noxious Weed Management and
Revegetation Plan approved by the Gallatin County Weed Control District;
4. Continuation of existing agricultural practices such as the cultivation and
harvesting of hay or pasturing of livestock or change of agricultural
practices which has no greater impact on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish, and other
wildlife;
6. Outdoor recreational activities, such as fishing, birdwatching, hiking,
rafting, and swimming which do not harm or disturb the wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance within a required wetland
buffer but outside the boundaries of a delineated wetland, including but not
limited to the pruning of trees, mowing of grass, and removal of dead
vegetation and debris; and
10. Activities in a wetland set forth in S 18.56.090 of this chapter, including but
not limited to removal of debris and maintenance of vegetation and wildlife
habitat. (Ord. 1645 S 1, 2005)
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18.56.070 Application Requirements and Procedures for Regulated Activities in
Regulated Wetland Areas
A. Review. All proposals for regulated activities in regulated wetland areas shall be
reviewed by the WRB. The WRB shall prepare a functional assessment for all
reviewed regulated wetland areas. Based on the prepared functional assessment
and other submittal materials, the WRB shall forward a recommendation of
approval, conditional approval, or denial to the Planning Director or City
Commission.
B. Approval. All proposals for regulated activities in regulated wetland areas shall be
reviewed and approved or conditionally approved by the Planning Director or the
City Commission, in accordance with Chapters 18.06, 18.08, 18.34, and 18.36, prior
to commencement of the regulated activity.
1. If a regulated activity is proposed for a regulated wetland area, but the
regulated activity is not proposed in conjunction with a land development
proposal, the applicant shall submit a sketch plan application for review
and recommendation by the WRB and review and approval by the
Planning Director.
C. Submittal materials. The information required in S 18.78.130 shall be submitted for
all regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas
shall comply with the noticing requirements of Chapter 18.76. (Ord. 1645 S 1, 2005)
18.56.080 Review Standards
The Planning Director or City Commission may approve, conditionally approve or deny a
regulated activity in a regulated wetland area based on a recommendation from the WRB, and
if:
A. The applicant has demonstrated that all adverse impacts on a wetland have been
avoided; or
B. The applicant has demonstrated that any adverse impact on a wetland has been
minimized; the activity will result in minimal impact or impairment to any wetland
function, and the activity will not result in an adverse modification of habitats for, or
jeopardize the continued existence of, the following:
1. Plant, animal, or other wildlife species listed as threatened or endangered
by the United States Fish and Wildlife Service; and/or
2. Plant, animal, or other wildlife species listed as a Species of Concern,
Species of Potential Concern, or Species on Review by the Montana
Department of Fish, Wildlife, and Parks and the Montana Natural Heritage
Program; or
C. The applicant has demonstrated that the project is in the public interest,
considering:
1. The extent of the public need for the proposed regulated activity;
2. The functional values of the wetland that may be affected by the proposed
regulated activity;
3. The extent and permanence of the adverse effects of the regulated activity
on the wetland;
4. The cumulative adverse effects of past activities on the wetland; and
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5. The uniqueness or scarcity of the wetland that may be effected. (Ord. 1645
S 1, 2005)
18.56.090 Wetland Permit Conditions
The WRB may recommend conditions of approval for proposed regulated activities, and the
Planning Director or City Commission may conditionally approve proposed regulated activities,
subject to the following conditions:
A. Requiring the provision of a wetland buffer of a size appropriate for the particular
proposed activity and the particular regulated wetland area;
B. Requiring that structures be elevated on piles and otherwise protected against
natural hazards;
C. Modifying waste disposal and water supply facilities;
D. Requiring deed restrictions or covenants regarding the future use and subdivision
of lands, including but not limited to the preservation of undeveloped areas as open
space and restrictions on vegetation removal;
E. Restricting the use of an area, which may be greater than the regulated wetland
area;
F. Requiring erosion control and stormwater management measures;
G. Clustering structures or development;
H. Restricting fill, deposit of soil, and other activities which may be detrimental to a
wetland;
I. Modifying the project design to ensure continued water supply to the regulated
wetland; and
J. Requiring or restricting maintenance of a regulated wetland area for the purpose of
maintaining wetland functions. (Ord. 1645 S 1, 2005)
18.56.100 Appeals
Depending upon the application procedure involved, decisions related to the approval or
denial of regulated activities proposed for regulated wetland areas may be appealed in
accordance with the provisions of Chapter 18.66. (Ord. 1645 S 1, 2005)
18.56.11 0 Enforcement
This chapter shall be enforced in accordance with the provisions contained in Chapter 18.64.
(Ord. 1645 S 1, 2005)
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