Bozeman, MT Environmental Rules: Erosion Control (2026)

Bozeman Municipal Code § 40.04.360 sets the erosion and sediment rules for construction. The owner or operator must stabilize disturbed soil using the methods in the city's Stormwater Master Plan, stabilize or cover soil stockpiles to prevent sediment runoff or blowing dust, and prevent upland runoff that could erode disturbed slopes. Sediment controls take the form of settling basins or traps, temporary seeding, perimeter controls or other BMPs from the master plan, with settling basins designed where possible to adapt to long-term stormwater management. Adjacent properties are protected by a vegetative buffer, silt fence, fiber rolls or another appropriate BMP.

Site access and housekeeping are covered. The operator limits the number of temporary access entrances and uses BMPs so sediment is not tracked onto public streets or alleys by construction vehicles or washed into storm drains. Construction waste such as discarded building materials, concrete truck washout water, chemicals, litter and sanitary waste must be controlled, and failure to maintain good housekeeping practices is itself a violation of the article. Temporary erosion control devices are removed only after 70 percent or greater permanent ground cover is established on a lot.

Inspections are built in. The permittee or the permittee's agent performs scheduled site inspections at least every 14 calendar days and within 24 hours after major storm events, documents each inspection in writing, and makes the records available to the city. An authorized enforcement agent sets the frequency of city inspections of active sites.

Under § 40.04.350 the permit comes first. Disturbing one acre or greater requires a permit from the director before construction starts or a building permit issues, with an executed copy of the state's NOI, a SWPPP and, at completion, a NOT. Sites under one acre for multi-household, commercial, industrial or single-household construction also submit permit materials, and § 40.04.370 confirms the article applies to sites under one acre. The city can charge a permit fee under a resolution schedule, and the owner keeps the NOI, the state's confirmation letter and the SWPPP at the project site.