Date: Big Hole River Ordinance adopted March 2, 2005

Date: Big Hole River Ordinance adopted Nov. 8, 2004

Date: Bank stabilization provisions first adopted March 8, 2000

Builders are responsible for locating new structures a safe distance from the waterway.

50-foot prohibition on large-scale clearing of native vegetation on all streams.

Riprap is only permitted to protect a residence, commercial or industrial use existing when the regulation was adopted (March 2000), or public infrastructure that cannot be relocated.

“Softer” bank stabilization techniques, using logs and other woody debris instead of rock, may be allowed after review by administrators.

New bridges must be designed to minimize changes to the stream. Road approaches must not block normal overflow channels.

Date: Floodway policy adopted March 17, 1999

NOTE: Most counties allow new structures in the floodway fringe portion of the 100-year floodplain.

Date: Riparian policy adopted June 18, 2003

"Require all construction to be setback from streams"

"Recommend wetland protection standards…"

Date: Riparian policy adopted February 15, 2004

"Develop effective land use controls to protect wetlands."

Date: Riparian policy adopted in October 2005

• 300-foot setbacks from delineated wetlands and riparian areas (for non-agricultural structures);

• 200-foot setbacks from all streams (for non-agricultural structures); and

• 100-foot setbacks from streams, lakes and identified 100-year floodways (for wells and septic systems).

Well and septic tank setbacks are specifically outlined as follows: at least 100 feet from streams, lakes, and identified 100-year floodways; and 300 feet from identified riparian areas.

Date: Setbacks adopted September 25, 2007

• Setbacks for all watercourses include the 100-year floodplain or 50 foot vegetated buffer/setback (whichever is greater).

• Setbacks for wetlands 1 acre or less: 50-foot vegetated buffer; for wetlands larger than 1 acre: 100-foot vegetated buffer.

"No structure shall be located within the 100-year floodplain…"

Date: Prohibit subdivision of floodplain: May 2005; Riparian Protection Measure: Jan. 15, 2009

Requires streamside vegetated buffers and management plans for each new subdivision.

The size of the setback is determined on a case-by-case basis and is based on the area of riparian resource.

Date: Setbacks adopted March 1, 2005

• 300 feet along East and West Gallatin, Madison, Jefferson, and Missouri Rivers; and

• 150-foot setbacks from all other watercourses.

Date: Setbacks adopted January 2005

• Type I (main rivers): 250 feet with a 100-foot vegetation buffer;

• Type II (large streams): 200 feet with a 75-foot vegetation buffer;

• Type III (reservoirs, small streams, wetlands): 100 feet with a 50-foot vegetative buffer; and

• Type IV (irrigation ditches): 50 feet with a 30-foot vegetative buffer.

NOTE: Subdivision Regulations Appendix L categorizes each waterbody in the county (Type I, II, III, or IV).

Date: Setbacks on rivers since 1994; setbacks on all other waterways since 2000

• Madison River: 500 feet;

• Big Hole River, Jefferson River, Ruby River, Beaverhead River, Boulder River, and West Fork of the Gallatin River: 150 feet; and

• All other waterways: 100 feet.

Lands considered unsuitable for development include "riparian areas."

Date: Setback adopted August 8, 2003

Setback applies to new structures, septic systems, anddrain fields.

Date: Setbacks adopted in 1995

The area of riparian resource is determined on a case-by-case basis.

Date: Setback adopted May 22, 2000

• Yellowstone, Shields, and Boulder Rivers: 150 feet or outside the 100-year floodplain, whichever is greater.

• All other perennial streams: 100 feet or outside the 100-year floodplain, whichever is greater.

Date: Setbacks adopted in 1971

• minimum of 100-foot setback from streams, with one building per 40 acres, to

• minimum of 50-foot setback from stream, with one building per 10 acres.

Density standards protect wetlands and riparian areas because they limit the lot size, keeping houses from lining rivers and streams.

Date: Setback adopted 1992

• 50 feet from streams

• 100 feet from open lakeshore

• 50 feet from timbered lakeshore

Date: Setbacks adopted Nov. 17, 1997

30-acre density standard (for single family dwellings)

Date: Big Hole River policy adopted May 19, 2005

Date: Open Space District adopted in 2000; Channel Mgmt Zone in 2005

Water Channel Management Zone (17.47): for the Big Hole River and Silver Bow Creek the minimum setback is 150 feet.

Date: Setbacks adopted July 15, 2009

Date: Setbacks first adopted in 1985

For new residential development in Fort Benton City Planning Board jurisdiction boundary to Coal Banks Landing:
• 400-foot setbacks from the Missouri River, and
• 8-acre density standard.

For new residential development from other waterbodies (includes lakes): 100-foot setbacks.

Wetlands and riparian areas are protected as a byproduct of the density standards.

Date: Setbacks first adopted in July 2002; wetland protection adopted in October 2005

• Previously Platted Development: 100 feet from East Gallatin River, 35 feet from all other watercourses.

• New Platted Development: 100 feet on East Gallatin River; 75 feet from Sourdough, Bozeman, and Bridger Creeks; 50 feet from all other watercourses.

• For wetlands not adjacent to streams: setbacks are determined on a case-by-case basis by Wetlands Review Board.

Date: Setback provisions adopted in 1995

Date: Setback provisions adopted March 2, 2008

• Whitefish River, Whitefish Lake, and other lakes: 75-foot vegetated buffer or top of bank, whichever is greater, with 10-foot building setback (85 feet total).

• Perennial streams and wetlands: 100-foot vegetated buffers with 10-foot building setbacks (110 feet total). Second Creek (upstream from city's water supply): 200-foot vegetated buffer with 10-foot building setbacks (210 feet total).

• Intermittent Streams: 50-foot vegetated buffer with 10-foot building setback (60 feet total).

Wetlands: full protection for wetlands 1/4 acre or larger; less protection for smaller wetlands.

NOTE: This regulation originally applied to a 2-mile radius around Whitefish. Flathead County now prohibits Whitefish from applying this ordinance outside of the city limit. This conflict is currently being litigated.

Date: Zoning regulations adopted on October 1, 2005; Flathead Lake setbacks established in mid-1990s

• 40 acre minimum lot size along Flathead River, Mission Creek, Crow Creek, and Jocko River. One dwelling per 40 acres restriction applies 1/2 mile on either side of Flathead and Jocko Rivers; 1/4 mile on either side of Crow and Mission Creeks.

• The wetland (pothole) area surrounding Ninepipe National Wildlife Refuge is also zoned in 40-acre minimum lot sizes.

Wetlands: density standards apply around Ninepipe National Wildlife Refuge.

Density standards protect wetlands and riparian areas because they limit the lot size, keeping houses from lining rivers and streams.

Date: Setbacks in place since at least 2000

No residential, commercial, or industrial structures allowed within the 100-year floodplain for the Blackfoot, Clark Fork, and Little Blackfoot Rivers.

Density standards protect wetlands and riparian areas because they limit the lot size, keeping houses from lining rivers and streams.

These regulations also have an "Important Wildlife Area Overlay District" that has a density standard of "one residence per 80 acres."