Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Livingston commission adopts updated floodplain rules, including 10‑foot riparian buffer
Loading...
Summary
The Livingston City Commission voted to adopt ordinance 3065, replacing chapter 29 of the municipal code to align local floodplain regulations with state and federal standards. The changes add interim protections — including a 10‑foot riparian vegetation buffer — while staff completes a detailed mapping and study.
The Livingston City Commission voted to adopt ordinance 3065, which repeals and replaces chapter 29 of the Livingston Municipal Code with revised floodplain hazard management regulations intended to meet state and federal requirements.
City planning director Jennifer Severson told commissioners the update is an initial, interim step to bring Livingston’s text regulations into compliance with the model regulations from the Montana Department of Natural Resources and Conservation (DNRC) and the Federal Emergency Management Agency’s National Flood Insurance Program (NFIP). "These regulations ... have not been updated since 2011," Severson said, noting the change is necessary to maintain program participation.
Nut graf: The vote matters because failure to update local floodplain rules can jeopardize NFIP participation and access to some disaster assistance. DNRC’s floodplain coordinator Tracy Sears told the commission that prolonged inaction could lead to probation or sanctions by FEMA. To reduce immediate risk while the city completes a comprehensive study, staff recommended several higher standards, most visibly a 10‑foot buffer restricting large‑scale clearing of riparian vegetation measured from the mean high water mark.
The ordinance adds a set of higher standards the city opted to include now (for example limits on certain development in the floodway, restrictions on new cemeteries in hazard areas, and requirements that structures preserve safe access during floods). Severson said the mapping that defines the regulated floodplain is created by FEMA and that staff’s change affects only the code text; map amendments will happen later once the post‑2022 flood mapping work finishes.
Tracy Sears of DNRC emphasized the urgency: "If there's no movement, the community can look at being either put on probation or even sanctioned," she said, describing possible impacts on flood insurance availability and disaster assistance.
Commission discussion focused on what the 10‑foot riparian buffer means on the ground, how it would apply differently to the Yellowstone River versus smaller creeks such as Billman or Fleishman, and the need for more granular study. Director Severson acknowledged the 10‑foot figure is a modest, commonly used minimum intended as an interim measure while the city pursues a more tailored, science‑based approach.
The commission moved and seconded the ordinance and approved it on a recorded vote; the motion carried 4–0 with one commissioner previously excused. Staff said it will continue the more detailed riparian and floodplain study and will present additional recommendations and mapping amendments to the commission in the future.
What happens next: staff will continue the mapping and the more comprehensive study of riparian protection and floodplain management; the commission retained the ability to revisit and strengthen standards based on that analysis.
