Construction naturally has some overspill. But a majority of Bozeman’s building industry is ignoring rules that keep local water and neighborhoods clear of harmful pollutants. City officials say it’s time to up the consequences to get contractors’ attention.
As of Tuesday, the city can shut down residential and commercial construction projects that don’t follow stormwater rules. The new power is a result of an emergency ordinance update, which the city commission unanimously passed Monday night.
Kyle Mehrens, stormwater program coordinator, said a site audit this month showed 94 percent of Bozeman building projects are violating federal, state and local requirements. That’s despite city staff training more than 500 contractors and private property owners over the last three years.
“What we’re asking is possible. It’s fairly simple, however, it’s just not being done industry wide,” he said.
Or as Public Works Director Craig Woolard said, “We go out there and ask them ‘please.’ Many times we’re being told, ‘go pound sand.’ Sometimes not that nicely.”
There’s currently about 400 active construction sites in Bozeman. That number will likely grow into a new record as construction season begins.
Woolard said spring melt and rain that will spread those pollutants warrant the city’s emergency response, which skips the typical six-week process to update ordinances.
“Timing is critical,” he said, adding people are living and playing in the areas construction waste is pouring out of.
And residents notice it. Mehrens’ department had 15 calls within the last two weeks of complaints of construction debris spilling onto roads and sidewalks and clogging city pipes.
Woolard said there’s a cost tied to the issue that Bozeman picks up.
“We have years now where all of this sediment off of all of these construction sites are ending up in our city infrastructure. It’s costing us hundreds of thousands of dollars to clean that out,” he said.
Under the new changes, if a project is out of bounds 48 hours to five days after a warning from the city, Bozeman’s building inspectors can issue work-stop orders and declare the space is unfit for occupancy until it’s resolved.
It also requires people building on less than an acre to apply for a stormwater permit before they get their OK to build.
Some public comments submitted to the city accuse Bozeman of trying to make money through fees. The new permit doesn’t come attached to a fee. People who repeatedly break the rules can see a misdemeanor fine as high as $500. However, previous rules could result in a misdemeanor as well.
Other complaints said it will increase the cost to build. Woolard said that’s true and it’s a cost currently carried by the rest of Bozeman.
“We’re not after perfect. We’re after implementing very basic, best industry practices,” he said. “When you make a mess, you clean up after yourself.”
Anders Lowendal, a local builder, said he supports the tweaked ordinance, adding he’s at a disadvantage if he follows the rules and others don’t. But he said the ordinance should extend to things like city road maintenance and landscaping.
Brian Popiel with the Southwest Montana Building Industry Association said many members take care of their property, but a lack of compliance harms the industry’s reputation.
“It’s hard to be representing a community that’s not taking care of its own business that way,” he said.
Popiel said he wished the emergency ordinance had a sunset to go back through the typical steps — something city officials didn’t do. He added there should be intermediate steps before the city stops work.
Mehrens said starting Monday, his team will begin to blanket areas to make sure builders are following stormwater standards and are aware of the city’s new teeth.
“We are not going to drive around town and shut people down on a whim,” he said. “We’ll work on bringing everyone into compliance.”
City commissioners said they want a report in 10 months as to whether that’s happening.
