The Bozeman City Commission unanimously approved an ordinance removing two submittal requirements from the city's wetland and watercourse regulations, citing changed circumstances with outside agencies that made the requirements impractical to implement.
The ordinance eliminates two documents from the list of required wetland delineation submittals: an approved jurisdictional determination from the U.S. Army Corps of Engineers and a determination of watercourse status from the Gallatin Conservation District. Nick Ross, Director of Transportation and Engineering, told the commission the Army Corps determinations typically take 12 to 18 months and run parallel to the Clean Water Act 404 permitting process. He said the city's 2025 adoption of its own wetland code means all wetlands within city limits are covered by either federal or local jurisdiction regardless, making the determination largely redundant. Ross also said the Gallatin Conservation District changed its policy and no longer issues watercourse status determinations before receiving a full 310 permit application, leaving applicants unable to obtain a document the city previously required. "I take that as responsibility and failure of myself not to check to make sure they had not changed policy," Ross said.
Delineation Timing Question
The vote sparked broader discussion about development review timing. The Gallatin Watershed Council's Catherine Berry suggested the code change creates an opportunity to require wetland delineation reports earlier—at pre-application or concept plan review—so applicants can design around constraints from the start. Commissioner Alison Sweeney pressed the point, asking how staff can guide applicants on street layouts or deviations without knowing where aquatic resources are. Ross cautioned that wetland delineations can only be performed during a limited window of the calendar year and that requiring one before concept plan could delay applicants. "I'm not aware of any time in the last 5 years that applicants have suggested increasing rigor and complexity to the code as a way to achieve streamlining," he said.
Mayor Joey Morrison raised a larger question: whether the issue is specific to wetlands or which requirements generally belong at the earliest development stage. Commissioner Jennifer Madgic said she was lukewarm on moving the timing, noting the cost burden of front-loading work during "the napkin sketch process."
Commission Support and Next Steps
All five commissioners expressed support for a future work session on both the delineation timing question and on wetland replacement ratios—another piece of the 2025 code that requires commission decision. Ross said he expects to draft a white paper on replacement ratio options in late winter and bring them to the commission next spring.
The motion to provisionally adopt the ordinance was moved by Commissioner Jennifer Madgic and seconded by Deputy Mayor Douglas Fischer. The ordinance passed 5-0. It will return for final adoption at a future meeting.
Two members of the public also spoke during non-agenda comment. Jim Webster, vice chair of the Bon Ton neighborhood association, raised concerns about possible upzoning following the neighborhood's 2025 downzoning. Cynthia Smith, a former HRDC employee, asked the commission to examine records related to city funding of the organization and said she had encountered delays in public records requests. City Manager Chuck Winn responded that records staff had worked to narrow Smith's request and provided a cost estimate, and that Commissioner Jennifer Madgic noted the commission had previously responded to an ethics complaint from Smith.