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Livingston City Commission adopts updated floodplain rules, adds 10-foot riparian protection as interim measure
Summary
The Commission voted to replace Chapter 29 with revised floodplain hazard regulations to meet state and federal standards. Staff said changes are required to maintain participation in the National Flood Insurance Program; the ordinance includes an interim 10-foot riparian buffer pending a citywide study.
Livingston City Commission voted to adopt Ordinance 3065, replacing Chapter 29 of the Municipal Code with revised floodplain hazard regulations aimed at meeting state and federal National Flood Insurance Program (NFIP) requirements.
The ordinance, presented by City Manager Mister Gager and explained by Planning Director Jennifer Severson, updates the city’s text regulations (last revised in 2011) to align with the Montana Department of Natural Resources and Conservation (DNRC) model regulations and FEMA guidance. Director Severson said the update is an "initial step" to restore compliance while staff completes a broader mapping and riparian study.
The change includes several higher-standards options the city opted into as part of the draft, including restrictions on new burial grounds in flood hazard areas and provisions to preserve safe access during flood events. The ordinance also contains a temporary standard that would prohibit "large-scale clearing of riparian vegetation within 10 feet of the mean annual high-water mark or edge of stream channel," a buffer Severson described as a practical minimum while the city commissions more detailed study.
Tracy Sears, DNRC’s floodplain coordinator, told the Commission that communities statewide must update ordinances or risk federal action. "If it's not updated in a timely manner, the community can look at being either put on probation or even sanctioned," Sears said, warning that probation could affect NFIP participation and disaster-assistance eligibility.
The Commission discussed the buffer’s scope and application (Severson said it applies horizontally from the mean high-water mark and noted that not all local creeks are currently in the regulatory floodplain). Livingston Chamber representative Leslie Fiegel asked whether the city could create local mapping for Billman and Fleishman creeks to reduce confusion; staff said local mapping and a dedicated study are part of next steps.
After deliberation, Commissioner Alliance moved to approve Ordinance 3065; Commissioner Wilich seconded. The motion carried in a roll-call vote with four recorded affirmative votes and one excused absence. The ordinance’s adoption restores the city’s progress toward DNRC/FEMA compliance and sets a timetable for follow-up technical study and possible future amendments to the regulations.
What happens next: staff will integrate the ordinance into the municipal code, continue the mapping and riparian study discussed during the meeting, and report findings to the Commission at a later date. The DNRC representative recommended prompt action to avoid federal sanctions.
Vote: Ordinance 3065 adopted by recorded vote (4–0; one excused).
