Livingston City adopts updated floodplain rules, sets 65‑foot river buffer and 10‑foot creek buffer

The Livingston City Commission on a unanimous roll call vote adopted Ordinance 3065, replacing Chapter 29 of the Livingston Municipal Code to update the city's floodplain regulations and bring them into compliance with Montana DNRC and the National Flood Insurance Program.

City Manager Brett Gager told the commission the city’s floodplain text had not been updated since 2011 and that the proposed ordinance reflects DNRC’s new model regulations. "These regulations will bring the city's floodplain regulations into compliance with the National Flood Insurance Program," Gager said, adding that FEMA map updates are underway.

Under the ordinance the commission specified two setback tiers: a 65‑foot horizontal buffer measured from the mean annual high‑water mark along the Yellowstone River, and a 10‑foot horizontal buffer for creeks within the current regulated floodplain. Commissioners said the differentiation was deliberate: larger setbacks where the river provides broad riparian functions and smaller setbacks for narrow creeks.

Commissioners discussed measurement and implementation details at length during deliberations. Commissioners asked whether the 10‑foot figure was meant horizontally or vertically; Gager confirmed the intent is a horizontal, level line measured from the mean high‑water mark and said staff would clarify that language in the ordinance text. He also noted that the rules include a variance process and mitigation measures for certain kinds of development.

Gager told the commission FEMA draft flood maps are expected to be available in the spring of 2026; commissioners noted that the city will make discretionary decisions about whether specific smaller waterways (for example, Fleishman Creek) are included in the local regulatory map when drafts are released. Existing structures would generally be grandfathered, Gager said — new building permits and major improvements would trigger floodplain review.

The motion to approve the ordinance, as amended to specify the two setbacks and to state that the distances are measured horizontally, passed unanimously by roll call.

The ordinance takes effect following the usual statutory and local adoption steps; staff said they will finalize wording and post the adopted chapter and mapping guidance online.