Teton County raises wetland setback to 50 feet after months of debate

The Teton County Board of Commissioners on Jan. 28 adopted an amendment to Land Development Regulation (LDR) Section 5.1.1 that increases the standard setback for wetlands from 30 feet to 50 feet, a change commissioners approved 4–1.

The change was presented by Ryan Hostetter, Joint Long Range Planning, as part of a broader package of amendments (AMD 2024-004 / ZMA 2024-001) that also revises how streams, wetlands and other water-related features are defined and regulated. Hostetter told the board staff had cleaned up definitions, removed references to “apportioned water,” and clarified the distinction between perennial, intermittent and ephemeral channels.

“The reason why it was in there ... but, for the purposes of setbacks, who owns the water is not important,” Hostetter said during the presentation, describing edits made to simplify the draft.

Public commenters and local conservation groups urged stronger, broader protections. Phil Powers of Protect Our Water Jackson Hole and Amy Kluthoff of the Jackson Hole Conservation Alliance both told commissioners the valley’s water resources are closely interconnected and urged robust buffers. “Setting development back from all water bodies is critical to protect water quality countywide and beyond,” Kluthoff said.

Teton Conservation District director Carlin Gerard spoke to differences between intermittent and perennial streams and the ways those channels contribute to watershed function. Hamilton Smith of County Planning and Building Services described how the department reviews reservoirs and man-made basins and how those features are treated under existing stormwater and infrastructure rules.

Commissioners and staff debated the scope and next steps of the broader amendment package. Several commissioners and members of the public urged further review of separate suggestions filed by Protect Our Water and the Conservation Alliance — which propose additional definitions and setbacks for features such as fens and springs — before adopting any additional changes. Deputy County Attorney Abigail Moore advised that substantial new definitions or setbacks not included in the legal notice could require additional public notice and potentially another formal review cycle.

Following discussion, the board voted to adopt the January 2025 draft of Section 5.1.1 with the single substantive change to increase wetland setbacks from 30 to 50 feet. The motion passed 4–1 (one commissioner opposed). The board deferred additional, broader changes — including separate consideration of fen- and spring-specific setbacks and reservoir treatment — for later review and directed staff to continue work on remaining items in the AMD package.

The commission noted the decision applies to LDR Section 5.1.1 (water bodies and wetlands) and that further technical work on the tiered natural resource overlay (the related mapping and procedural changes) would continue in subsequent meetings.

The board recessed after the vote and planned further hearings later in the day on the remainder of the NRO amendments.