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Bozeman, MT Environmental Rules: Stormwater Management (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Comprehensive drainage plan
Required for development larger than five acres
Stormwater management plan
Five acres or less at sketch plan or larger, or within 50 feet of a watercourse
Reviewing office
City engineering department
Approval lapse
Two years, with one-year extension on written request
Revocation appeal
City board of appeals within ten business days
Spill notice
Engineering department within 24 hours, written notice within five business days

Summary

In the City of Bozeman, Montana, every new development and redevelopment project must submit a stormwater management plan or, above five acres, a comprehensive drainage plan to the city engineering department for approval. No final plat, final site plan or building permit issues without an approved plan.

A.To control the quality, volume and rate of stormwater runoff to storm drains and prevent the deterioration of water quality, all new developments and redevelopment projects will be required to submit a stormwater management plan or a comprehensive drainage plan to the city engineering department for approval. ... 1.A comprehensive drainage plan is required for all development larger than five acres.2.A stormwater management plan is required for all developments equal to or less than five acres and are designated as a sketch plan or larger in accordance to chapter 38, article 19, or are within 50 feet of a watercourse. ... 4.Stormwater management plans and comprehensive drainage plans shall:a.Prevent any off-site direct discharge of untreated stormwater and non-stormwater from development or redevelopment improvements.b.Minimize increased post-development discharge rates or volumes.

Full Breakdown

Bozeman Municipal Code § 40.04.700 requires all new developments and redevelopment projects to submit a stormwater management plan or a comprehensive drainage plan to the city engineering department for approval, to control the quality, volume and rate of runoff to storm drains. A comprehensive drainage plan is required for all development larger than five acres. A stormwater management plan is required for developments of five acres or less that are designated a sketch plan or larger under chapter 38, article 19, or that sit within 50 feet of a watercourse. Plans must prevent any off-site direct discharge of untreated stormwater and non-stormwater, and minimize increased post-development discharge rates or volumes. They must also remove total suspended solids to meet the median concentration of the state general permit for MS4s, protect groundwater, and comply with section II of the city Design Standards. Drainage reports, peak flow rates, runoff volume calculations and grading plans must be certified by a state-licensed professional.

Section 40.04.710 sets the review rules. A plan is filed with a permit fee at the time a subdivision or site development application is submitted. No plan is approved if it increases the peak level of runoff from impervious surfaces above the level from the site in its natural, undeveloped condition. No final plat, final site plan or building permit issues without an approved plan. Approval can be revoked or suspended if a project is not completed within two years or development stops for more than two years, though a one-year extension can be granted on written request. An owner can appeal a revocation to the city board of appeals within ten business days, and can ask in writing for an engineering variance for undue hardship, though the cost of minimum BMPs does not count as hardship.

Ongoing duties follow. Under § 40.04.720 the owner keeps stormwater facilities working as designed and keeps installation, maintenance and repair records for the life of the development, and § 40.04.850 requires annual inspections. Section 40.04.200 makes it unlawful to discharge into the MS4 anything that causes a water quality violation, and § 40.04.560 requires a person responsible for a release to call 911 for an emergency, notify the city engineering department within 24 hours, and give written notice within five business days.

Violations & Fines

Under § 40.04.860, any deviation from what the article declares is a violation. Section 40.04.720.D says failure to maintain facilities or to correct deficiencies after written notice from the enforcement agent can result in criminal or civil penalties, and the city can perform the work at the owner's expense. Under § 40.04.540 the city can remediate a pollutant discharge at the responsible party's expense if corrective action is not taken within a reasonable time.

Frequently Asked Questions

When does a Bozeman project need a comprehensive drainage plan?
Section 40.04.700.A.1 requires a comprehensive drainage plan for all development larger than five acres. Developments of five acres or less need a stormwater management plan if they are designated a sketch plan or larger under chapter 38, article 19, or are within 50 feet of a watercourse. Redevelopment can trigger a plan under the stormwater master plan criteria.
Can I get a Bozeman building permit before the stormwater plan is approved?
No. Section 40.04.710.B says no final plat, final site plan or building permit shall be issued without an approved stormwater management plan or comprehensive drainage plan as required. The plan goes to the city engineering department with the development application and a permit fee from the fee schedule adopted by the city commission.
What happens if a Bozeman drainage plan is revoked?
Approval can be suspended or revoked if conditions are not as shown or the project is not completed within two years, subject to a one-year extension. The owner gets written notice with the reasons and has ten business days to appeal to the city board of appeals. After a revocation the owner must submit a new plan with the fee before starting or continuing work.
Who maintains a private stormwater facility in Bozeman?
The owner or other responsible party. Section 40.04.720 requires facilities to be maintained in a condition so they function as designed, with installation, maintenance and repair records kept for the life of the development and available to the engineering department on request. Section 40.04.850 adds annual inspections with records kept for the life of the development.

Sources & Official References

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