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Council defers final action on tiered natural‑resources overlay after lengthy debate and public comment
Summary
The council reviewed a staff proposal to replace Jackson’s 1994 natural‑resource overlay with a tiered (base/mid/high) system, discussed exemptions, buffers, fencing standards and retaining‑wall permeability, and—after extensive public comment—voted unanimously to continue the item for more analysis and examples.
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The Jackson Town Council heard a detailed staff presentation and public comment on a proposed tiered Natural Resources Overlay (NRO) and related updates to the land‑development regulations, then voted to continue deliberation to a future meeting.
Planner Ryan Hostetter said the draft replaces the old in/out overlay with a three‑tiered approach (base, mid and high) that recognizes varying wildlife movement, habitat value and development context across town. "We're acknowledging all areas of the town, including Teton County, have value for ecology and wildlife habitat," Hostetter said, describing a mid tier that would trigger desktop checklists for some projects and a high tier that could require environmental analysis.
Staff told the council the planning commission recommended exemptions—most notably for certain affordable housing projects—and emphasized that the mid and high tiers would focus on movement areas and reduce habitat fragmentation. Paul Anthony, the town’s planning director, noted most future housing projects would likely fall in the base tier but that the map and site‑specific review would allow the planning director to require additional review where on‑the‑ground conditions warrant.
Councilors and members of the public probed several technical issues: whether mitigation should be required only in high‑tier areas; how mapping aligns with observed wildlife movement and county areas; whether wetland and stream buffers (including Flat Creek and Cache Creek) should be increased; and how exemptions for accessory structures or affordable housing projects would operate.
Public commenters—representing Protect Our Water Jackson Hole, the Jackson Hole Conservation Alliance, the Teton County Water Quality Advisory Board, wildlife advocates and local residents—urged the council to adopt stronger protections for waterways, tighten wetland exceptions, and require wildlife‑permeable fencing townwide rather than limiting permeability to mid/high tiers. Jennifer Evans of Protect Our Water asked the council to adopt prohibitions on dumpsters, snow storage and fertilizer application within setbacks and to reconsider exemptions that could allow further wetland degradation.
Staff emphasized trade‑offs in the urban town context, noting that a blanket increase in stream setbacks could make many existing properties nonconforming and that engineering solutions (stormwater treatment) can be alternatives to uniform setbacks in developed areas. Consultants and Game and Fish representatives advised tailoring rules around known movement corridors.
After questions and public comment, the council asked for additional materials—representative lot examples, mapped visuals of buffer scenarios and tighter draft language—before completing deliberation. A motion to continue the NRO discussion to the next available meeting was moved, seconded and passed unanimously.
Council members asked staff to return with targeted analysis showing how proposed changes would affect typical lots and major projects, and to propose language that balances habitat protection, water quality goals and property‑rights impacts.
