First Draft of Ravalli County (MT) Streamside Protection Regulations is Out for Public Review

Streamside protection regulations are an important water related issue in Western states. As opposed to Midwestern states and states East of the Mississippi River, Rocky Mountain states experience an annual life giving flood in the late spring when temperatures rise and the mountain snow packs begins to melt. The snowmelt sustains this arid land by refilling reservoirs which supply water for drinking and irrigation purposes. The annual flood also cleans and reshapes the river valleys, an important part of maintaining a healthy mountain river ecosystem. It is the natural movement of the river that streamside regulations aim to protect by setting back new structures from the banks of Western rivers.

Before streamside protection regulations are enacted in Ravalli County, Montana, property owners are within their rights to build homes and other structures right on the Bitterroot River. They also have the right to protect their property by stabilizing the streambank. Sections of the river lined with large, jagged edged stones (see photo below) is an example of streambank stabilization known as rip-rap. Rip-rap presents an unnatural impediment to a healthy mountain river ecosystem. Rip-rap forces the momentum of the river down which creates deep stagnant pools, or turns the entire force of the river downstream which increases the erosion of neighboring land (and that doesn't make for happy neighbors). Streambank stabilization practices can be avoided if structures are setback from the banks of the Bitterroot River.

Here are a few of the main points from the first draft of Ravalli County's Streamside Protection Regulation.

1. Any structure planning to be built within 250 feet of a regulated stream must apply for a permit.



2. The regulation calls for a buffer and a setback. For the West Fork of the Bitterroot River below Painted Rocks Dam, the entire East Fork of the Bitterroot, and the main stem of the Bitterroot River, the buffer region is all land within the 100 year floodplain as designated by FEMA. The setback is 100 feet beyond the outer boundary of the floodplain on either side of the river.



3. For main tributaries to the Bitterroot River (those mountain streams as designated by the regulation): The buffer of tributaries is 100 feet as measured from the high water mark on either side of the stream. The setback is 50 feet from the buffer zone.



4. Structures that pre-date the enacting of streamside setbacks will be grandfathered.



5. Violation of any approved variance will be subject to criminal prosecution.

This is the first step in what probably will be a long contentious battle between the county and private land owners. Hopefully the final version will be in the best interest of everyone who calls Ravalli County home. The county commissioners would like your input on the proposal. See the Ravalli Republic for the story, address, and email contacts to submit comments.

The picture above is of the Bitterroot River just upstream from the Main Street bridge in Hamilton. You can see an example of rip-rap on the right bank of the river.