The Livingston City Commission on a unanimous vote adopted Ordinance 3065, an interim update to Chapter 29 of the Livingston Municipal Code that revises the city’s floodplain regulations to comply with state and federal requirements. The vote followed presentations from Planning Director Jennifer Severson, who framed the changes as a short‑term measure while staff completes a fuller mapping and study, and Tracy Sears, the Montana Department of Natural Resources and Conservation’s National Flood Insurance Program coordinator, who stressed the urgency of bringing local rules into compliance with DNRC and FEMA.
City officials said the existing text has not been updated since 2011 and that the proposed ordinance is intended to ensure Livingston remains eligible for the National Flood Insurance Program (NFIP). ‘‘If it’s not updated in a timely manner, the community can look at being either put on probation or even sanctioned,’’ Tracy Sears said, saying loss of NFIP participation could affect insurance availability and disaster assistance.
The ordinance incorporates a handful of higher standards that the city is opting into beyond NFIP minimums. Staff highlighted provisions that would: prohibit the construction of flotation‑prone obstructions and restrict burial grounds within the flood hazard area; require safe access for ordinary and emergency services during flood conditions; and prohibit ‘‘large‑scale clearing of riparian vegetation within 10 feet of the mean high water mark or edge of stream channel,’’ a new local buffer standard the staff included as an interim protection while a comprehensive riparian study is completed.
Director Severson said the 10‑foot buffer is measured horizontally from the mean annual high water mark and is intended as a modest, enforceable first step so the city meets DNRC review requirements while allowing time for more targeted studies of each waterway. She told commissioners that the Yellowstone River, Billman Creek and other local waterways differ significantly and that the city will need creek‑specific analysis before any broader changes are made.
Commissioners asked staff to clarify which local waterways are currently mapped by FEMA and which are not; staff said Fleishman Creek is not currently in the regulatory floodplain and that FEMA does the formal flood mapping, with the city relying on those maps until a local study completes. Commissioners also raised questions about how the buffer would affect specific parcels such as River Drive and existing riprap; staff said site‑specific permitting, erosion‑control rules and other state and district permits would still apply.
The ordinance was moved for approval by Commissioner Alliance, seconded by Commissioner Wilich, and carried on a roll‑call vote recorded by the city manager. The commission then recessed for 10 minutes. Staff and DNRC said the update does not foreclose adopting stronger, tailored protections later after mapping and public outreach.
Next steps: staff will continue the mapping and analysis discussed at the meeting and return to the commission with findings and potential amendments. The city manager said staff will share answers to outstanding technical questions with the public when available.