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Colville Tribal Law and Order Code

2001 edition with 2002, 2003 and 2004 supplements



TITLE 4 - NATURAL RESOURCES AND ENVIRONMENT, CH. 15


CHAPTER 4-1 FISH, WILDLIFE AND RECREATION
CHAPTER 4-2 WATERCRAFT REGISTRATION
CHAPTER 4-3 LAND USE AND DEVELOPMENT
CHAPTER 4-4 CULTURAL RESOURCES PROTECTION
CHAPTER 4-5 ON-SITE WASTEWATER TREATMENT AND DISPOSAL
CHAPTER 4-6 MINING PRACTICES WATER QUALITY
CHAPTER 4-7 FOREST PRACTICES WATER QUALITY
CHAPTER 4-8 WATER QUALITY STANDARDS
CHAPTER 4-9 HYDRAULICS PROJECT PERMITTING
CHAPTER 4-10 WATER USE AND PERMITTING
CHAPTER 4-11 RANGELAND MANAGEMENT
CHAPTER 4-12 FOREST PROTECTION
CHAPTER 4-13 SOLID WASTE
CHAPTER 4-14 WILD HORSES
CHAPTER 4-15 SHORELINE MANAGEMENT
CHAPTER 4-16 HAZARDOUS SUBSTANCE CONTROL
CHAPTER 4-17 PUBLIC FACILITIES FINANCING
CHAPTER 4-18 INTERIM CONTROL CHAPTER TO REGULATE THE CONSTRUCTION/OPERATION OF AIR EMISSION SOURCES DECLARATION AND DEFINITIONS
CHAPTER 4-19 FIRE MANAGEMENT


CHAPTER 4-15 SHORELINE MANAGEMENT

4-15-1 Findings

(a) The Colville Confederated Tribes have a primary interest in the protection, control, conservation, and utilization of the shoreline resources of the Colville Indian Reservation. It is the purpose of this Chapter to establish the shoreline regulatory structure for the management of shoreline areas within the Reservation through the planning and fostering of all reasonable and appropriate uses.

(b) The Tribes, in adopting this Chapter for shoreline management will give preferences to uses which:

(1) Preserve, protect, enhance and restore the natural character and ecology of

shoreline areas, as well as its natural and cultural resources;

(2) Produce long term over short term ecological and economic benefit;

(3) Encourage appropriate access to the shoreline of the Reservation; and

(4) Increase and enhance tribal members' opportunities for traditional cultural activities in accordance with Tribal and federal law.

(c) The Colville Confederated Tribes have jurisdiction to enforce this Shoreline Management Chapter in order to protect the economy, health, safety and welfare of the Tribes and the Reservation community.


4-15-2 Territory Subject to Shoreline Code

The provisions of this Chapter, known as the Shoreline Use and Development Chapter of the Colville Tribal Code, shall apply to all shorelines of all bodies of water within the exterior boundaries of the Colville Indian Reservation. Areas subject to regulation under this Chapter shall include all Type 1, Type 2, Type 3, and Type 4 waters (as defined in this Chapter) of the Reservation and shall include lakes and reservoirs and the shorelines associated with such lakes and reservoirs, and floodplains and wetlands (as defined in this Chapter) and the underlying lands associated with such floodplains and wetlands.


4-15-3 Use of the Shoreline Code

The following Code sections shall be interpreted and applied in the following manner:

(a) Waters of the Reservation have been types as either 1, 2, 3, or 4. These waters are identified on a Water Type Map which is available for public inspection at the Planning Department of the Colville Tribes. All persons within two hundred (200) feet of any water within the exterior boundaries of the Reservation are encouraged to reference the Water Type Map for their applicable shoreline regulatory conditions and requirements.

Additionally, sections 4-15-4 and 4-15-5 of this Chapter provide additional water type information.

(b) All shoreline uses within the applicable regulatory area for the respective water type are subject to the General Shoreline restrictions and conditions outlined in sections 4-15-6 through 4-15-16 of this Chapter.

(c) All shoreline uses within the applicable regulatory area for the respective water type are subject to all the applicable shoreline use activity restrictions and conditions for their respective shoreline use or activity outlined in sections 4-15-17 through 4-15-31 of this Chapter. These use activity restrictions and conditions are based in part on shoreline designations. All persons are encouraged to reference the Shoreline Designation Maps located at the Planning Department of the Colville Tribes to determine their applicable shoreline designations for determining any shoreline management requirements. Note that many activities and uses will be subject to both general restrictions and conditions in all shoreline designations and additional restrictions and conditions within specific shoreline designations.

(d) All shoreline uses within the applicable regulatory areas for the respective water type are subject to all the applicable permit requirements and dimensional requirements identified in the "Use and Activity Chart" and "Setback, Height, and Dimensional Requirements Chart." The "Use and Activity Chart" identifies by use activity, which activities require a shoreline development permit, require a conditional use permit, are exempt from permit requirements, and are prohibited within each type of shoreline designation. The "Setback, Height, and Dimensional Requirements Chart" identifies, by shoreline designation, the applicable setback, height limits, and dimensional requirements for each type of shoreline use and activity within each type of shoreline designation. All persons are encouraged to reference these charts located at the Planning Department of the Colville Tribes to determine their applicable use activity shoreline management requirements.

(e) All uses and activities that are exempt from the permitting requirements of this Chapter (4-15) remain subject to all permit requirements of the Colville Tribal Code.


4-15-4 General Definitions

For the purposes of this section, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word "shall" is mandatory and not permissive.

(a) "Accessory Structure or Use" means a structure or use, incidental, appropriate, and subordinate to the main structure or use of the property, and which is located on the same lot or in the same building with the main use.

(b) "Administrator or Shorelines Administrator" means the person within the Tribal Planning Department designated to administer this Code.

(c) "Agriculture" means the tilling of the soil, the raising of crops, horticulture, gardening, keeping or raising of livestock, including open range grazing of cattle, and poultry for commercial purposes, and any agricultural industry or business such as dairies, nurseries, greenhouses, or similar uses.

(d) "Aquaculture" means the farming or culturing of food fish, shellfish or other aquatic plants and animals in lakes, streams, inlets, estuaries and other natural or artificial water bodies.

(e) "Archaeological/Historical resources" means any material remains of past human life or activities which are of archaeological or historic interest and all historic property. Such material remains shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, rock paintings, rock carvings, intaglios, talus slide depressions, cairns, graves, human skeletal remains, or any portion or piece thereof, whether or not found in an archaeological context. Historic property includes any prehistoric or historic site, building, structure or object significant in Tribal history, architecture, culture or religion. The term includes all artifacts, records, remains, and reburial sites as designated. No item shall be treated as an archaeological /historic resource unless such item is at least fifty (50) years of age.

(f) "Archeological/Historical site" means any location where an archeological/historical resource is identified. Archeological/historical sites include historic camping and gathering grounds, traditional fishing sites, sweat lodge locations, military forts, old settlers' homes, historic buildings, historic trails, and kitchen middens.

(g) "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. Calculation of the average grade level shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure.

(h) "Barnyard" means that area on a ranch or farm that traditionally and/or presently is used for the periodic enclosure of less than ten head of livestock at a density of less than 500 square feet per animal for greater than six (6) months per year.

(i) "Board" means the Land Use Review Board established by Chapter 4-3 of the Tribal Code, the Tribes Land Use and Development Code.

(j) "Conditional Use" means a use or shoreline development which is classified as a conditional use or is not listed in use chart (providing the proposed use is substantially similar to an allowed use) classified within this management plan.

(k) "Confinement Lot" means any area used for the continuous feeding of less than one hundred head of livestock, confined at a density of less than of less than five hundred(500) square feet per head for three (3) months or more, except for barnyards as defined herein.

(l) "Cultural Resources" means resources associated with the practice of "Traditional Cultural Activities" (as defined by this Chapter) by a member of the Confederated Tribes of the Colville Reservation for the subsistence of body and spirit.

(m) "Cultural sites" includes all archeological/historical sites plus all locations where "traditional cultural activities" take place.

(n) "Department" means the Tribal Planning Department.

(o) "Development" means a use or activities consisting of, but not limited to the following:

(1) Construction or exterior alteration of structures;

(2) Dredging;

(3) Drilling;

(4) Dumping;

(5) Filling;

(6) Removal of any sand, gravel, or minerals;

(7) Bulkheading;

(8) Driving of piling;

(9) Placing of obstructions;

(10) Subdivision of land;

(11) Any project of a permanent or temporary nature which interferes with natural or existing flow patterns, historic and cultural uses and the normal use of the surface of the waters of the Reservation.

(p) "Director" means the director of the Tribal Planning Department.

(q) "Dwelling, Multi-Family" means a building containing two or more dwelling units.

(r) "Dwelling, Single-Family" means a detached building containing one dwelling unit.

(s) "Dwelling Unit" means a building or portion thereof designed for occupancy by one family having cooking and toilet facilities.

(t) "Earth fill" means the filling of a shoreline area or wetland by the intentional deposition of sand, soil, gravel or other organic debris (excluding solid waste as defined herein).

(u) "Feedlots" means any area used for the continuous feeding of one hundred (100) or more head of livestock, confined at a density of less than 1 five hundred (500) square feet per head for three months or more. This shall not be interpreted to include dairy operations with a Washington State Grade A license.

1(note: "of less than of less than" in original)

(v) "Floodplain" is synonymous with one hundred (100) year floodplain and means that land area susceptible to being inundated by stream derived waters with a one percent (1%) chance of being equaled or exceeded in any given year. When used herein, said floodplain must be mapped and officially approved by the appropriate Tribal and/or federal agency/department.

(w) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from floodwaters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

(x) "Guidelines" means any standards adopted to implement the Code sections contained in this Chapter. Such standards may also provide criteria for the department to use in development of updates and/or revisions to this Shoreline Management Program for the Reservation.

(y) "Local Government" means any county, incorporated city, or town that contains within its boundaries any lands or waters subject to this management program.

(z) "Management Program" means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts or other descriptive material and text, and a statement of desired goals and standards.

(aa) "Multifamily Development" means a development with three or more dwelling units on the same parcel, lot or tract. Such units may be in one or more structures.

(bb) "Non-water-oriented use" means upland uses that have little or no relationship to the shoreline. All uses which do not meet the definition of water-dependent, water-related or water-enjoyment are classified as non-water-oriented uses. Adding public access features to a non-water-oriented use does not automatically change the inherent use to a water-enjoyment use. Examples may include, but are not limited to, professional offices, automotive sales or repair shops, mini-storage facilities, multifamily residential development, convenience stores, and gas stations.

(cc) "Noxious Weeds" mean plants of foreign origin that can directly or indirectly injure agriculture, navigation, fish, wildlife, or public health.

(dd) "Official Shoreline Environment Maps" mean all maps adopted as part of this management program delineating the geographic boundaries of all water bodies and shoreline designations of the Reservation coming under the jurisdiction of the of this management plan.

(ee) "One way glazing" means windows or doors that allow those inside the structure to see out while limiting the ability of those on the outside to see in.

(ff) "Permit" means any form of permission required under this management program or other tribal regulation prior to undertaking activity on shorelines of the Reservation, including shoreline development permits, variances, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, livestock grazing, and shoreline exemptions.

(gg) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the state or local government unit however designated. This term shall include both tribal members and non-tribal members.

(hh) "Public" means of, relating to, or affecting all people including both tribal members and non-tribal members.

(ii)"Public Access" means an access to and within the shoreline area that is open to the public.

(jj)"Shoreline Areas" means all Type 1, 2, 3 and 4 waters of the Reservation as defined in this Chapter, including reservoirs, and their associated shorelines, floodplains and wetlands, together with the lands underlying them.

(kk)"Shoreline Development" means any development which materially interferes with normal use of the water or shoreline areas of the Reservation: PROVIDED, That the following uses shall not be considered Shoreline Developments for the purpose of this Chapter: PROVIDED FURTHER, That the following non-Shoreline Developments must still comply with the policies and provisions of this Chapter:

(1) Normal maintenance or repair of existing permitted structures or developments, including damage by accident, fire, or natural elements;

(2) Normal and routine operation of existing uses (e.g. agriculture) provided such activity does not constitute an expansion of a non-conforming use or a significant modification which may have a negative effect on the shoreline area;

(3) Emergency construction necessary to protect property from damage by the elements;

(4) Construction or modification of navigational aids such as channel markers and anchor buoys;

(5) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing and operational on January 1, 1997, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking;

(6) The marking of property lines or corners, when such marking does not significantly interfere with normal use of the surface of the water;

(7) The practice of traditional cultural activities by Colville Tribal members;

(8) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this policy, only if the following conditions are met:

(A) The activity does not interfere with normal use of the surface waters; and

(B) The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; and

(C) The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; and

(D) Any person or entity (public or private) seeking development authorization under this policy first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and

(E) The activity is not subject to the permit requirements of this Chapter.

(ll) "Shorelines of the Reservation" are the total of all "shorelines" within the Reservation.

(mm) "Shoreline Regulatory Area" means those lands subject to this Chapter and the regulations contained in the Shoreline Management Program and shall include any floodways and formally mapped and approved contiguous floodplain areas and all wetlands associated with the streams and lakes which are subject to the provisions of this Chapter. Such lands shall be further typed by associated water type to include the following:

(1) For shorelines of Type 1 waters, the applicable regulatory area shall include those lands extending landward two hundred (200) feet on a horizontal plane from the ordinary high water mark (as defined in this Chapter) of the Type 1 water;

(2) For shorelines of Type 2 waters, the applicable regulatory area shall include those lands extending landward two hundred (200) feet on a horizontal plane from the ordinary high water mark (as defined in this Chapter) of the Type 2 water;

(3) For shorelines of Type 3 waters, the applicable regulatory area shall include those lands extending landward two hundred (200) feet on a horizontal plane from the ordinary high water mark (as defined in this Chapter) of the Type 3 water;

(4) For shorelines of Type 4 waters, the applicable regulatory area shall include those lands extending landward one hundred (100) feet on a horizontal plane from the ordinary high water mark (as defined in this Chapter) of the Type 4 water.

(nn) "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials that are not the primary products of public, private, industrial, commercial, mining, and agricultural operations. Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, waste from septic tanks, woodwaste, dangerous waste, and problem wastes.

(oo) "Subdivision" means any subdivision or redivision of a subdivision, tract, parcel, or lot of land into two (2) or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries. All subdivisions are also developments.

(pp) "Subdivision - Major" means any subdivision other than a minor subdivision.

(qq) "Subdivision - Minor" means a subdivision that does not include any of the following:

(1) The creation of more than a total of three (3) lots;

(2) The creation of any new public streets;

(3) The extension of a public water or sewer system.

(rr) "Traditional Cultural Activities" mean any activity by a member of the Confederated Tribes of the Colville Reservation that has been traditionally practiced by the indigenous members of this region for the subsistence of body and spirit, such as food gathering practices of root digging, berry picking, hunting, fishing, medicine gathering, the assembly of and use of sweat lodges, the use of spiritual/vision quests areas, and the retrieval of plants, trees, rocks, water, skins/hides and feathers which are within the cultural tradition of the membership.

(ss) "Tribes" means the Confederated Tribes of the Colville Reservation.

(tt) "Tribal Member" means a person who is listed as a member of the Confederated Tribes of the Colville Reservation in the official enrollment records of the Tribes.

(uu) "Uplands" means that land area lying outside of the shoreline jurisdiction or shoreline area as defined herein.

(vv) "Use" means the purpose for which land or a structure is primarily designed, occupied, maintained, or arranged or intended for.

(ww) "Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the management program; however, this term does not apply to uses of shoreline areas.

(xx) "Water-dependent use" means a use or portion of a use that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses may include marinas, water intake systems and sewer outfalls.

(yy) "Water-related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a shoreline location. Water-related uses may include fish hatcheries.

(zz) "Water-enjoyment use" means a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a primary character of the use and which, through location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. Additionally, in order to qualify as a water-enjoyment use, the use must be open to the public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment. Examples of "water-enjoyment uses" may include shoreline parks, piers, and other improvements facilitating public access to shoreline areas.

(aaa) "Water-oriented use" means any one or a combination of water-dependent, water-related or water-enjoyment uses.

(bbb) "Wetlands" means areas that contain hydric soils and/or are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and those artificial wetlands intentionally created from nonwetland areas to mitigate for the conversion of wetlands that are approved by the Tribes or the federal government. Wetlands do not include non-tribal and non-federally approved artificial wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, and those wetlands created after January 1, 1997, that were unintentionally created as a result of the construction of a road, street, or highway.


4-15-5 Water Type Definitions

(a) "Critically sensitive water resource" means a water resource that is necessary for the management, utilization, or protection of Reservation lands or waters including, but not limited to:

(1) Lake, pond and stream bank protection;

(2) Major domestic water supplies;

(3) Tribal and/or public recreation;

(4) Fish spawning, rearing or migration;

(5) Wildlife habitat and uses;

(6) Protection of water quality; and

(7) Capital improvements.

(b) "Intermittent stream" means those segments of streams that go dry for a portion of the calendar year.

(c) "Natural waters" means all waters except water conveyance systems that are artificially constructed and maintained for the sole purpose of irrigation.

(d) "Ordinary high water mark" means the mark on the shores of all waters which will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a condition distinct from that of the abutting upland, with respect to vegetation. This applies to that soil condition that exists on January 1, 1998, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the department.

(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the seven day, two year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the Tribes Environmental Trust Program.

(f) "Temperature sensitive water resource" means those waters included with the waters identified on the "Water Type Map," the temperature of which may be adversely affected by the removal of shade producing vegetation to the extent that fishery resources, water quality, and/or other Reservation resources may be severely damaged.

(g) "Type 1 Water" means all waters, within their ordinary high water mark, identified as a "temperature sensitive" or a "critically sensitive" water resource.

(h) "Type 2 Water" means all segments of natural waters which are:

(1) Not typed as a "Type 1" water"; and

(2) Perennial or intermittent streams which have a well defined channel greater that eight (8) feet in width between the ordinary high water marks long the majority of the length of the stream segment; or

(3) Impoundments having a surface area greater than 0.5 acre at seasonal low water.

(i) "Type 3 Water" means all segments of natural water that are:

    (1) Not typed as "Type 1 Water" or "Type 2 Water;" and

    (2) Perennial or intermittent streams which have a well defined channel less than eight (8) feet in width and greater than four (4) feet in width, between the ordinary high water marks along the majority of the length of the stream segment; or

    (3) Impoundments having a surface area greater than 0.2 acre and less than 0.5 acre at seasonal low water.

(j) "Type 4 Water" means all segments of natural water that are:

(1) Not typed as "Type 1, 2, or 3 waters;" and

(2) Perennial or intermittent streams which have a well defined channel less than four (4) feet in width between the ordinary high water marks along the majority of the length of the stream segment; or

(3) Impoundments having a surface area greater than 0.2 acre at seasonal low water; or

(4) Areas of perennial or intermittent seepage, ponds, marshes, bogs, and drainage ways having short periods of seasonal or storm run-off.


4-15-6 Water Type Designations

(a) Channel width shall be measured over a representative section of a least five hundred (500) lineal feet with at least ten (10) evenly spaced measurements points along the normal stream channel.

(b) Waters have been designated within the Reservation boundaries as type 1,2,3, or 4. The applicable shoreline regulatory area for each water type is a follows:

(1) For type 1 waters (which includes all lakes and wetlands), the applicable regulatory area is 200 feet from the ordinary high-water mark;

(2) For type 2 waters, the applicable regulatory area is 200 feet from the ordinary high-water mark;

(3) For type 3 waters, the applicable regulatory area is 200 feet from the ordinary high-water mark;

(4) For type 4 waters, the applicable regulatory area is 100 feet from the ordinary high-water mark.

(c) Water types within the exterior boundaries of the Colville Reservation have been identified on a "Water Type Map." Copies of the water type map shall be available for public inspection at the Planning Department of the Colville Tribes.

(d) Streams, stream segments, and other waters may be added to or deleted from the Water Type Map upon evaluation by Natural Resource Department staff.

(e) Additional water type 1 waters may be identified and added to the water type map based upon the recommendation of the Environmental Trust Program, but such change shall not affect any pending application. Such lakes, ponds, streams, or stream segments shall be added as type 1 waters when the Colville Tribes determine that they constitute a critically sensitive resource requiring maximum protection and management.

(f) When so requested by landowners, applicant, or person affected by any recommended addition to type 1 waters, the Natural Resource Department shall make available informal conferences, which shall include an Environmental Trust Program representative, and those contesting the adopted water type.


4-15-7 General Shoreline Restrictions and Conditions

(a) The following Chapter sections, organized by topical areas, and including sections 4-15-7 through 4-15-16, are rooted in the Tribes' Holistic Goal, the goals and policies in the Shoreline Management Plan, the Integrated Resources Management Plan, and the Tribal Comprehensive Plan.

(b) The following Code sections apply to all shoreline uses and activities:

(1) Shoreline uses and development, and shoreline modification activities, whether it requires a permit or not must be consistent with the goals, policies, Code sections and intent of the Shoreline Management Plan and the applicable Shoreline Code sections.

(2) Shoreline modifications must be in support of a permissible shoreline use activity or development and must conform with the provisions of this Code Chapter. Unless otherwise noted herein, all shoreline modification activities not associated with a permissible shoreline use activity or development are prohibited and shall not be eligible for a variance or conditional use permit.

(3) All shoreline development shall be designed in accordance with all applicable Tribal land use and environmental protection Codes.

(4) Existing nonconforming uses and development are permitted to continue subject to the nonconforming use and structure provisions of Chapter 4-3 of the Tribal Code, however, current uses and activities are permitted to continue providing such uses and activities are in compliance with all applicable tribal and federal laws and regulations other than this management plan. As leases are renewed, range management or landscape plans approved, structures destroyed or other conditions exist that result in a change of practice, any continued use must be done in compliance with this management program.

(5) All shoreline developments and uses shall utilize best management practices (BMPs) to minimize any increase in surface water run off and to control, treat and release runoff so that receiving water quality and shore properties and features are not adversely affected. Such practices may include but are not limited to dikes, berms, catch basins or settling ponds, installation and required maintenance of oil/water separators, grassy swales, interceptor drains and landscaped buffers.

(6) All shoreline development shall be located, designed, constructed, and maintained to minimize removal of native vegetation and interference with beneficial natural shoreline processes such as water circulation, sand and gravel movement, accretion (accumulation of sand, etc.), depletion, and erosion.

(7) All development shall be located, designed, constructed and managed to protect and/or not adversely affect those natural features which are valuable, fragile or unique to the region, including but not limited to:

(A) Wetlands, marshes, bogs, swamps, and river deltas;

(B) Natural resources including but not limited to, sand and gravel deposits, timber, or natural recreational beaches;

(C) Fish, shellfish and wildlife habitats, migratory routes and spawning areas;

(D) Accretion shore forms; and

(E) Natural or man-made scenic vistas or features.

(8) All development shall be located, designed, constructed and managed to protect and preserve both cultural resources and archeological/historical resources.

(9) Where provisions of this Chapter conflict, the more restrictive of the provisions shall apply unless specifically stated otherwise.

(10) The location, design, construction and management of all shoreline uses and activities shall protect and/or enhance the quality and quantity of surface and ground water adjacent to the site and shall adhere to the guidelines, policies, standards and regulations of applicable water quality management programs and related regulatory agencies.

(11) Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto land.

(12) The release of oil, chemicals or hazardous materials onto land or into the water is prohibited. Equipment for the transportation, storage, handling or application of such materials shall be maintained in a safe and leakproof condition. If there is evidence of leakage, the further use of such equipment shall be suspended until the deficiency has been satisfactorily corrected.

(13) All shoreline uses and activities shall utilize effective erosion control methods during project construction and operation.

(14) Herbicides and pesticides shall not be applied or allowed to directly enter water bodies or wetlands unless approved for such use by the Tribal Natural Resources Department.

(15) When a development site encompasses environmentally sensitive areas (wetlands, steep slopes and fish and wildlife habitat), these features shall be left intact and maintained as open space or buffers. All development shall be set back from these areas to prevent hazardous conditions and property damage as well as to protect valuable shoreline features and resources.

(16) Areas with either existing or high potential for aquaculture activities shall be protected from degradation by other types of uses which are located or are proposed to be located within one mile of adjacent uplands. A conclusive finding that such an adjacent use would result in irreparable damage to or destruction of an existing aquaculture enterprise shall be grounds for denial of such use or activity.


4-15-8 Archeological/Cultural/Historic

(a) One of the most crucial functions of Tribal Government is the protection and preservation of, and education about, the Tribes history and culture. Due to the fact that most camps, villages and other settlements were located close to water, the protection and preservation of these significant resources is one of the highest priorities of this shoreline Code.

(b) The following Code sections apply to all shoreline uses and activities:

(1) Developers shall immediately stop work and notify the Tribes' History and Cultural Department if any cultural resource or archeological/historical resource is uncovered during excavations. In such case, the developer shall be required to allow site inspection and evaluation by a tribally designated and approved archeologist to ensure that all valuable cultural and archeological area are protected and any data are properly preserved.

(2) Significant cultural, archeological and historic sites shall be protected from any damage resulting from shoreline uses and activities. When the Tribes determines scientific, cultural or historical value, no permit will be issued which would pose a threat to the site. The Tribes may require that development be postponed in such areas to allow investigation of Tribal acquisition potential and/or retrieval and preservation of significant artifacts.

(3) In the event that unforeseen factors constituting an emergency as defined in Chapter 4-4 of the Tribal Code and/or Section 106 of the National Historic Preservation Act of 1996 necessitate rapid action to retrieve or preserve artifacts or data identified above, the project may be exempted from the permit requirement of this Chapter.

(4) Archeological excavations are permitted in shoreline areas subject to these General Regulations and other applicable Tribal and Federal law.

(5) Commercial developments focusing on archeological/historical sites and cultural sites are subject to the Code sections for Commercial Development contained herein.


4-15-9
General Parking Use Restrictions and Conditions

(a) The location and development of parking facilities in shoreline areas creates the potential for adverse environmental impacts due to leaking fluids and deposition of road grime and sedimentation as well as degradation of shoreline views. The regulation of parking within the shorelines is intended to minimize or eliminate potential adverse impacts.

(b) The following Code sections apply to all shoreline uses and activities:

(1) Parking as a primary use is prohibited over water or within the shoreline area.

(2) Parking in shoreline areas must directly serve a shoreline use.

(3) Parking facilities within shoreline areas shall be designed and landscaped to minimize adverse impacts upon adjacent shorelines and abutting properties. The landscaping shall consist of native vegetation, to be established within one year after completion of construction and provide an effective screening three (3) years after planting.

(4) Developed shoreline uses shall provide safe and convenient pedestrian circulation within the parking area and to the shorelines.

(5) Commercial parking facilities shall not be permitted over water or in shoreline areas.

(6) Parking facilities serving permitted shoreline uses shall be located landward from the principal building or use being served, except when the parking facility is within or beneath a structure and adequately screened or in cases when an alternate orientation would have less adverse impact on the shoreline.

(7) Parking facilities shall provide provisions to control surface water runoff to avoid contamination of water bodies.


4-15-10 General Utilities Use Restrictions and Conditions

(a) The installation or construction of new utility facilities (e.g. water, sewer, power, cable, telephone, etc.) and the maintenance and operation of existing facilities may cause adverse environmental impacts. Since much of the population of the reservation resides in or near shoreline areas, it is highly likely that utilities will be constructed or expanded to meet their needs.

(b) All proposed utilities, whether stand-alone projects or part of another project, are subject to the following Code sections:

(1) Applications for installation of utility facilities shall include the following:

(A) Description of the proposed facilities;

(B) Reason(s) why the utility facility requires a shoreline location;

(C) Alternative locations considered and reasons for their elimination when the utility is not serving existing or proposed shoreline uses;

(D) Location of other utility facilities in the vicinity of the proposed project and any plans to include the facilities of other types of utilities in the project;

(E) Plans for reclamation of areas disturbed by construction;

(F) Plans for control of erosion and turbidity during construction; and

(G) Identification of any possibility for locating the proposed facility within an existing utility right-of-way.

(2) Utility development shall, through coordination with tribal and local government agencies, provide for compatible, multiple use of sites and rights-of-way. Such uses include shoreline cultural resource protection, access points, trail systems and other forms of recreation and transportation, providing such uses will not unduly interfere with utility operations, or endanger public health and safety.

(3) The following utility facilities, which are not essentially water-oriented, are prohibited in shoreline areas unless authorized by conditional use permit (in all shoreline designations) where it can be shown that no reasonable alternatives exist or a significant hardship is created:

(A) Water and sewer system treatment plants;

(B) Utility substations and control facilities; and

(C) Accessory uses and administrative structures for utilities.

(4) Power generating facilities shall comply with all Code sections contained in this Chapter and shall require approval of a conditional use permit in all shoreline designations.

(5) In shoreline areas, utility transmission lines, pipelines, and cables shall be placed underground unless demonstrated to be not feasible or will result in greater damage to the shoreline environment. Further, such lines shall utilize existing rights-of-way, corridors and/or bridge crossings whenever possible. Proposals for new corridors in shoreline areas involving water crossings must fully substantiate the unfeasibility of existing routes.

(6) Utility facilities shall be located and designed to avoid destruction of or damage to marshes, bogs and swamps, cultural resources, archeological/historical resources, important wildlife areas, and other unique and fragile areas.

(7) Necessary underwater pipelines that transport material intrinsically harmful to aquatic life or potentially injurious to water quality, including sewer lines, shall be provided with automatic shut off valves at each end of the underwater segments.

(8) Where major utility facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct existing scenic views.

(9) Utility development allowed in shoreline areas shall utilize required setback areas (see "Setback, Height, and Dimensional Requirements Chart") for screening of facilities from water bodies. Additional screening may be required as determined on a case-by-case basis.

(10) Clearing for the installation or maintenance of utilities shall be kept to a minimum and upon project completion any disturbed area shall be restored as nearly as possible to preproject conditions including seeding and planting with native species and maintenance care until the newly planted vegetation is established.


4-15-11 General Shoreline Access Use Restrictions and Conditions

(a) Appropriate public access to the shoreline areas of the Reservation is an important part of this management program.

(b) All proposed shoreline uses and activities shall be subject to the following Code sections:

(1) Development shall not block or interfere with existing, lawful access to the shorelines and water bodies of the Reservation.

(2) Shoreline access shall be required for all shoreline development provided that access may not be required where it is demonstrated by the applicant and determined by the Tribes in its findings that one or more of the following provisions apply:

(A) The shoreline development is primarily for cultural preservation, single family residential or agricultural/ranching activities - excluding tribal range units which may require access if appropriate;

(B) Unavoidable hazards exist which cannot be prevented by any practical means;

(C) Inherent security requirements of the use cannot be satisfied through the use of alternative design features or other solutions;

(D) The cost of providing the access, easement, or an alternative amenity, is unreasonable disproportionate to the total cost of the proposed development;

(E) Unacceptable environmental harm will result from the access which cannot be mitigated; or,

(F) Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. PROVIDED FURTHER, that the applicant has first demonstrated and the Tribes have determined in its findings that all reasonable alternatives have been exhausted, including but not limited to:

(i) Regulating access by such means as maintaining a gate and/or limiting hours of use;

(ii) Designing separation of uses and activities, i.e. fences, terracing, use of one-way glazings, hedges, landscaping, etc.;

(iii) Provision of an access at a site geographically separated from the proposal such as a street end or trails system.

(3) Development located in shoreline areas may be required to provide view corridors, public access ways, recreational trail easements or other amenities upon a determination by the Tribes that the action would enhance enjoyment of the shoreline and not unduly conflict with the proposed use, adjacent uses or public safety nor adversely impact the shoreline environment.

(4) Any required public access easements shall be of a size and design appropriate to the site, size and general nature of the proposed development. Such easements shall be recorded on a property deed or face of a plat as a condition running in perpetuity with the land.

(5) Signs which indicate the public's right of access shall be installed and maintained by the developer in conspicuous locations at required public access sites. Public use may be limited to daylight hours.

(6) Public access sites shall have direct and easy access from a public road.

(7) Required shoreline access sites shall be available for public use at the time of occupancy of the development.


4-15-12 General Signage Use Restrictions and Conditions

(a) The location, design and maintenance of signage within shoreline areas can have an adverse visual and potentially physical impact.

(b) All signs to be placed in shoreline areas are subject to the following Code section.

(c) The following types of signs are permitted in any shoreline environment:

(1) Water navigational signs, and highway or railroad signs necessary for direction, safety, public information or direction.

(2) Public information signs directly relating to a permitted local shoreline activity.

(3) Off-premise, free standing signs for community identification, information, or directional purposes.

(4) On-premise commercial signs subject to this Chapter.

(5) Signs with "changing messages" as long as the information is limited to time-temperature-date or public messages.

(6) National, Tribal, site and institutional flags or temporary decorations customary for special holidays and similar events of a public nature.

(7) Temporary directional signs to public or quasi-public events. Such signs shall be removed and properly disposed of within ten (10) days following the event.

(d) The following types of signs are prohibited in any shoreline environment:

(1) Signage in view corridors which impair visual access.

(2) Off premises detached outdoor advertising signs are prohibited.

(3) Spinners, streamers, pennants, flashing lights used for commercial purposes (excepting flashing highway and railroad signs) and other attention getting devices.

(4) Signs placed in trees or other natural features.

(5) Commercial signs for products, services or facilities located off-site.

(e) All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access to the shoreline. When feasible, signs shall be flush mounted against existing buildings.

(f) All sign plans and designs shall be submitted for review and approval at the time of shoreline permit approval.

(g) On premise signs related to specific on-site activities shall not exceed thirty-two (32) square feet in surface area. FURTHER, on premise signs that are freestanding shall not exceed six (6) feet in height.

(h) Lighted signs shall be hooded, shaded or aimed so that direct light of lamps will not result in glare when viewed from surrounding properties, rights-of-way, or watercourses.

(i) Temporary or obsolete signs shall be removed and properly disposed of within ten (10) days of elections, closures of business, or termination of any other intended function. Examples of temporary signs include: real estate signs, directions to events, political advertisements, event or holiday signs, construction signs.

(j) Overwater signs or signs on floats or pilings shall be related to water-dependent uses only.


4-15-13 General Clearing and Grading Use Restrictions and Conditions

(a) The clearing, grading, filling of shoreline areas and alteration of natural drainage features within shoreline jurisdiction can cause immediate adverse impacts to water quality and quantity, native vegetation and fish and wildlife habitat. Such activities may also result in long term, irreparable environmental degradation.

(b) All proposed shoreline uses and activities that require or include clearing, grading, filling or alteration of natural drainage features are subject to the following:

(1) Land clearing, grading, filling and alteration of natural drainage features,

landforms and vegetation shall be limited to the minimum necessary for development.

(2) When surfaces cleared of vegetation are not to be developed they must be replanted as soon as possible.

(3) Surface drainage systems or substantial earth modifications shall be designed to prevent maintenance problems or adverse impacts on shoreline features and shall be replanted with native vegetation as soon as practical.

(4) Clearing and grading within required shoreline setback areas shall not exceed the following maximums (all measurements are taken parallel to the OHWM):

(A) Lots, parcels with up to two-hundred (200) feet of shoreline frontage: thirty (30) feet of lot frontage maximum.

(B) Lots, parcels with between two hundred one (201) feet and five hundred (500) feet of shoreline frontage: maximum of fifteen (15) percent of the lot frontage along the shoreline.

(C) Lots, parcels with over five-hundred (500) feet shoreline frontage: maximum of fifteen (15) percent of total lot frontage, provided clearing occurs in two or more segments separated by at least one-hundred (100) feet of undisturbed area where no one segment exceeds seventy-five (75) feet in length along the shoreline.

(5) When applying clearing and grading standards the following plant communities shall determine in descending order of preference where clearing and grading may be allowed. The first plant community listed indicates the most preferred location for clearing and grading:

(A) Grass;

(B) Shrub/scrub;

(C) Forest.

(6) All permitted clearing and grading shall be designed with the objective of maintaining natural diversity in vegetation species, age and cover density.

(7) For extensive clearing and grading proposals, a clearing and grading plan addressing species removal, seeding and planting, irrigation, erosion and sedimentation control and other methods of riparian corridor protection shall be required conforming to the maximum percentage of site clearing permitted.

(8) Negative environmental and shoreline impacts of clearing and grading shall be avoided wherever possible through proper site planning, construction timing and practices, bank stabilization, bioengineering and use of erosion and drainage control methods as well as adequate maintenance.

(9) Land clearing, grading, filling or alteration that involves greater than five-hundred (500) cubic yards of material shall be professionally designed to prevent maintenance problems or adverse impacts to adjacent properties or shoreline features.

(10) Normal nondestructive pruning and trimming of vegetation for maintenance purposes shall not be subject to these clearing and grading regulations. In addition, clearing by hand held equipment of invasive nonnative shoreline vegetation or plants listed on the Tribe, County or State Noxious Weed List is permitted in shoreline areas if native vegetation is promptly reestablished in the disturbed area.

(11) Wherever possible, development of commercial, industrial, residential and/or recreational uses that involve clearing and grading shall be located away from shorelines that have been identified as unstable and/or sensitive to erosion.


4-15-14 General Environmentally Sensitive Areas Use Restrictions and Conditions

(a) One of the basic tenets of the Holistic Goal is the protection of the environment with the acknowledgment of its importance to the quality of life for tribal members. Environmentally sensitive areas include: geological hazard areas; wetlands; and, salmon and steelhead habitats.

(b) All shoreline uses and activities that take place within environmentally sensitive areas are subject to the following Code sections.

(c) Geological Hazard Areas:

(1) Geological hazard areas are areas susceptible to severe erosion or slide activity, such as unstable bluffs, and include areas with high potential for earthquake activity. In general, they are not suitable for placing structures or locating intense activities or uses due to the inherent threat to public heath and safety and potential adverse environmental impacts.

(2) A person desiring to use or develop the shoreline area shall be required to delineate any potential geological hazardous area.

(A) Development shall be permitted only in locations where no slope protection is necessary or where nonstructural protection is sufficient for the life of the project. Construction activity shall not increase or result in slope instability or sloughing.

(B) Foundations and septic systems shall be of 2:1 slope area, unless a soil engineer report indicates that slope stability will not be affected.

(C) Subdivision of lots on bluffs shall allow sufficient lot depth for development to occur without the need for bulkheading or other structural stabilization.

(D) Surface drainage down the face of the bluff shall be contained in a tight line (closed, nonleaking pipe) for discharge at the shoreline in such a way that erosion will not occur.

(E) Surface drainage away from the bluff shall also use a tight line or some other approved method for discharge into a natural drainage course.

(F) Storm water retention systems will be discouraged unless designed by a licensed civil engineer and a soil or geology engineering report verifies that slope stability shall not be affected.

(G) Proposals for developments on or immediately adjacent to unstable bluffs shall include the following information in their application and site plan:

(i) Soils, topography and existing vegetation;

(ii) Existing drainage patterns and how they may be changed;

(iii) Proposed vegetation removal and grading plan together with an erosion control plan; and

(iv) Proposed structure and use locations.

(H) A geotechnical report shall be required when:

(i) Activity is within 200 feet of a bluff classified as unstable or having intermediate stability; or

(ii) Activity is within 200 feet of the shoreline when the vertical height of the bank exceeds 20 feet; or

(iii) Activity is within the 2:1 slope of the toe of the bluff;

(iv) FURTHER, The geotechnical report shall contain:

(a) Soils information and erosion rates;

(b) Drainage;

(c) Vegetation management options;

(d) Recommended setback to avoid need for building

bulkhead during life of project;

(e) Evaluation and statement on stability and safety of structure; and

(f) Evaluation and statement on stability of bluff.

(d) Wetlands:

(1) Wetlands serve many important ecological and environmental functions and values, and help protect public health, safety and welfare by providing flood storage and conveyance; erosion, pollution and sediment control; fish and shellfish production; fish and wildlife habitat; recreation; water quality protection; water supply; education and scientific research. Wetlands should be preserved and protected to prevent their continued loss and degradation.

(2) All shoreline uses and activities that take place in or near a wetland under the jurisdiction of this management program, in coordination with the Integrated Resource Management Plan (IRMP), shall be subject to the following regulations:

(A) All wetlands identified by the Tribes' Natural Resources Department shall be protected from alterations that adversely impact them so that there is no net loss of wetland acreage, functions, and values.

(B) The greatest wetland protection should be provided to wetlands of exceptional resource value, defined as those wetlands that include rare, sensitive or irreplaceable systems such as:

(i) Documented or potential habitat for an endangered, threatened or sensitive species;

(ii) High-quality native wetland systems.

(Iii) Significant habitat for fish or aquatic species.

(iv) Diverse wetlands exhibiting a high mixture of wetland classes and subclasses as defined by the Tribes Natural Resources Department based on the Tribes resource inventory and analysis and the U.S. Fish and Wildlife Service and state Department of Ecology classification systems; and

(v) Mature forested swamp communities.

(C) A wetland buffer zone of adequate width, as recommended by the Tribes' Natural Resources Department, shall be maintained between a wetland and any adjacent development to protect the functions and integrity of the wetland. The width of the established buffer zone shall be based upon the functions, values and sensitivity of the wetland, the characteristics of the existing buffer and the potential impacts associated with the adjacent land use.

(D) All activities that potentially affect wetland ecosystems shall be controlled within both the wetland and the buffer zone to prevent adverse impacts.

(E) Development or activities shall not be authorized in a wetland except where it can be demonstrated that:

(i) The impact is both unavoidable and necessary;

(ii) Unavoidable and necessary impacts are minimized, and any remaining impacts are offset through the deliberate restoration, creation or enhancement of wetlands of equivalent or greater resource value, including acreage and function;

(iii) The restored, created or enhanced wetland will be as persistent as the wetland it replaces; and

(iv) The applicant demonstrates sufficient scientific expertise, supervisory capability and financial resources to carry out the proposed replacement activity.

(F) Wetland restoration, creation and enhancement projects shall result in no net loss of wetland acreage, functions, and values. Where feasible, wetland quality should be improved

(G) Wetlands that are impacted by activities of a temporary nature shall be restored immediately upon project completion.

(H) In-kind replacement of functions and values is preferred. Where in-kind replacement is not feasible or practical due to the characteristics of the existing wetland, substitute resources of equal or greater ecological value shall be provided.

(I) On-site replacement of wetlands is preferred. Where on-site replacement is not feasible or practical due to characteristics of the existing location, replacement shall occur within the same watershed and proximity.

(J) Wetland restoration, creation and enhancement projects shall be completed prior to wetland alteration, where possible. In all other cases, replacement shall be completed prior to use or occupancy of the activity or development.

(K) Applicants shall develop comprehensive mitigation plans in order to ensure long term success of the mitigation project. Such plans shall provide for sufficient monitoring and contingencies to ensure wetland persistence.

(L) Applicants shall demonstrate sufficient scientific expertise, supervisory capability and financial resources to complete and monitor the mitigation project.

(M) Proposals for restoration, creation or enhancement of wetlands shall be coordinated with appropriate resource agencies to ensure adequate design and consistency with other regulatory requirements.

(N) Activities shall be discouraged in wetland buffer zones except where such activities have no adverse impacts on wetland ecosystem functions or values.

(O) Wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. Developments and activities shall not be allowed within the buffer except for:

(i) Minor activities which are found to have no adverse impact on the wetland functions or integrity;

(ii) Storm water management facilities having no feasible alternative location outside of the buffer.

(P) The location of all required buffer zones shall be clearly and permanently marked on any project site prior to initiation of site work.

(Q) Wetland buffer zones shall be reserved as common open space and designated as "native growth protection areas" where multiple ownership is involved and cooperative management is possible.

(R) For identifying and delineating a marsh, bog or swamp, applicants shall use the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands.

(S) No development or activity including removing or disturbing soil, filling, changing the water level, placing obstructions, constructing a structure, destroying or altering vegetation or introducing pollutants may be permitted within a wetland or its buffer unless authorized by a conditional use permit.

(T) For wetlands of exceptional resource value, the applicant, in addition to complying with the provisions above, shall demonstrate that there is a compelling public need for the proposed activity or that denial of the permit would impose an extraordinary hardship on the applicant brought about by circumstances peculiar to the subject property.

(U) Wetland functions and values shall be determined by the Tribes' Natural Resources Department.

(V) Except as noted in subpart (23) below, at a minimum, wetland acreage shall be replaced at a ratio of acreage replaced to acreage lost of 1.25:1. For wetlands of exceptional resource value, the minimum acreage replacement ratio shall be 6:1. Actual replacement acreage will be determined case-by-case, based on the following criteria:

(i) Projected losses or gains in wetland functions, structures, and value;

(ii) Location of replacement wetlands;

(iii) The time required to reestablish lost functions;

(iv) The uncertainty of the probable success of the project;

(v) The type of compensation (enhancement proposals shall require twice the acreage replacement as restoration and creation proposals); and

(vi)Variety of the wetland type being impacted.

(W) Acreage replacement may be authorized at 1:1 where it is found through special studies coordinated with agencies with expertise, or through advance compensation, that no net loss of wetland functions and values results.

(X) A compensation plan shall be required for developments or activities that result in unavoidable and necessary wetland alterations. The plan shall include the following elements:

(i) Baseline information for the impacted wetland and the proposed replacement site;

(ii) Environmental goals and objectives describing the purposes of the mitigation measures, a description of the site selection criteria and identification of target evaluation species and resource functions;

(iii) Performance standards including specific criteria for fulfilling goals and objectives and for beginning remedial action or contingency measures;

(iv) Detailed construction plan including work schedule, revegetation information, buffers, estimated cost, site plan with contours and elevation and other information;

(v) Monitoring program outlining the approach for assessing a completed project over a five-year period. A report shall be submitted annually, at a minimum documenting milestones, success, problems and contingency actions; and

(vi) A contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.

(Y) Where restoration, creation or enhancement activities are proposed, the applicant shall be required to:

(i) File a performance bond in an amount to enable the regulatory authority to carry out the compensation plan should the applicant fail to do so; and

(ii) Demonstrate that such compensation areas shall be permanently protected through appropriate measures. (e.g. conservation easements, purchase, deed restrictions, etc.)

(Z) A wetland buffer zone of 200 feet shall be required adjacent to wetland areas identified by the Tribes as having exceptional resource functions and values, unless a greater distance is required by other provisions of this program.

(e) Threatened and Endangered Fish Habitats:

(1) Fish, particularly salmon, are very important to the Tribes. The protection and enhancement of threatened and endangered fish spawning and rearing habitat and restoration of former habitat is critical to the maintenance and improvement native fish runs.

(2) All proposed shoreline uses and activities are subject to the following:

(A) Structures that prevent the migration of fish shall not be allowed in the portions of water bodies used by these fish. Fish bypass facilities shall allow upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed.

(B) Unless the applicant demonstrates that bioengineering techniques will not be successful, bulkheads and other shoreline protection structures (includes rip-rap) are prohibited in habitat used by threatened and endangered species.

(C) Bulkheads, groins, rip-rap and other shoreline protection structures may intrude into salmon and steelhead habitats only where the proponent demonstrates all of the following conditions are met:

(i) Alternative alignment or location is not feasible;

(ii) The project is designed to minimize its impacts on the environment;

(iii) The facility is in the resource's best interest;

(iv) If the project will create significant avoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute.

(D) Docks, piers, pilings and floats may be located in water areas used by salmon and steelhead for migration corridors, rearing, feeding and refuge, provided the facilities use open piling construction. Approach fills shall be located landward of the OHWM. Docks, piers, pilings and floats shall not be located in potential salmon and steelhead spawning habitats.

(E) Open pile bridges are the preferred water crossing structures over salmon and steelhead habitats. If a bridge is not feasible, one of the following water crossing structures may be approved if the impacts are acceptable: temporary culverts, bottomless arch culverts, elliptical culverts or round culverts. These structures are listed in priority order, with the first having the highest preference and the last the lowest preference.

(F) Bridges and in-water utility corridors may be located in salmon and steelhead habitat provided the proponent shows that all of the following conditions are met:

(i) An adverse alignment is not feasible;

(ii) The project is located and designed to minimize its impacts on the environment;

(iii) Any adverse impacts are mitigated;

(iv) Any earth fill (the placement of fill) is located landward of the OHWM. Open pilings and piers required to construct the bridge may be placed waterward of the OHWM, if no alternative method is feasible, PROVIDED, that when installing in-water utilities, the installer may place native material on the bed and banks of the water body or wetland to reestablish the preconstruction elevation and contour of the bed. The project shall be designed to minimize its impacts on the environment.

(G) Projects which propose water withdrawals or diversions shall maintain adequate flows within the water body to maintain threatened and endangered habitat, taking into account existing and likely future withdrawals and diversions.

(H) Landfilling, channelization and other activities which negatively impact habitat values are prohibited in wetlands, ponds and side channels which provide refuge or other habitat for salmon, steelhead and/or other fish species.

(I) Within salmon and steelhead habitats, permanent channel changes and realignments are prohibited.

(J) Aquaculture uses shall not be established in or expanded in salmon and steelhead habitat, except for areas that are only used for migration corridors. This regulation only applies to in-water aquaculture uses, not upland aquaculture uses.

(K) The removal of aquatic and riparian vegetation within or adjacent to salmon and steelhead habitats shall be minimized. Shaded side channels, streams, rivers, ponds and wetlands used by salmon and steelhead shall be protected. Areas of disturbed earth shall be revegetated.

(L) Unless removal is needed to prevent hazards to life and property or to enhance fish habitat, large woody debris below the ordinary high water mark shall be left in the waterway to provide salmon and steelhead habitat as determined by the Tribes' Fish and Wildlife Department.

(M) Outfalls (pipes discharging to surface waters) within or upstream of salmon or steelhead spawning areas shall be designed and constructed to minimize disturbance of salmon and steelhead spawning beds.


4-15-15 General Vegetation Management Use Restrictions and Conditions

(a) Vegetation management involves a variety of management strategies. The overall intent of the following Code section is to minimize habitat loss and lessen the impact of invasive plants, erosion, sedimentation and flooding.

(b) The following Code subsections apply to all shoreline uses and activities:

(1) The use of herbicides and pesticides shall be prohibited to remove noxious plants in streams, lakes and wetland areas except where no reasonable alternatives exist and it is demonstrated that such activity is in the public interest. A conditional use permit (CUP) shall be required in such cases.

(2) Mechanical removal of noxious weeds shall be timed and carried out in a manner to minimize any disruption of wildlife or habitat.

(3) All unique and fragile shorelines identified by the Tribes' Natural Resources Department shall be protected from degradation caused by modification of the land surface within the shoreline area and/or the adjacent uplands.

(4) Restoration of any shoreline that has been disturbed or degraded shall use native plant materials with a diversity and type similar to that which originally occurred on-site.

(5) Stabilization of exposed erosion prone surfaces along shorelines including but not limited to river, lake and stream systems shall, wherever feasible utilize soil bioengineering techniques. (E.g. stabilization using vegetation and other natural mechanisms)

(6) The use of commercial nursery stock in the restoration of disturbed or degrading shorelines shall emulate natural, native vegetation in size, structure and diversity.

(7) Beach enhancement is prohibited in the following circumstances:

(A) Within spawning, nesting or breeding habitat identified by the Tribes' Fish and Wildlife Department;

(B) Where littoral drift (movement of materials by water currents) of the enhancement materials will adversely effect adjacent spawning grounds or other areas of biological significance;

(C) When such enhancement will interfere with the normal public use of the navigable waters of the Reservation; and/or

(D) Where the activity is in support of a nonconforming use unless such activities are necessary to maintain shoreline stability and the natural ecology;

(E) Within identified cultural resource areas.

(8) Aquatic weed control shall only occur when native plant communities and associated habitats are threatened or where an existing water dependent use is restricted by the presence of weeds. Aquatic weed control shall occur in compliance with all other applicable laws and standards.

(9) The control of aquatic weeds by hand pulling, mechanical harvesting, or placement of aquascreens, if proposed to maintain existing water depth for navigation, shall be considered normal maintenance and repair and therefore exempt from the requirement to obtain a shoreline substantial development permit.

(10) The control of aquatic weeds by derooting, rotovating or other method which disturbs the bottom sediments and related aquatic life shall be considered development for which a substantial development permit is required, unless it will maintain existing water depth for navigation in an area covered by a previous permit for such activity. In this case it shall be considered normal maintenance and repair and therefore exempt from the requirement to obtain a substantial development permit.

(11) Where large quantities of plant material are generated by control measures, they shall be collected and disposed of in an appropriate, identified upland location.


4-15-16 General View Protection Use Restrictions and Conditions

(a) Visual access to shoreline areas is an important part of the beauty of the Reservation. Protection and enhancement of existing views and provision of new shoreline views are important components of this shoreline management plan.

(b) All uses and activities shall be subject to the following:

(1) Shoreline uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual access to the water and shorelines.

(2) In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping. Such activities shall comply with the provisions of this section.

(3) Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters.

(4) Marinas with covered boathouses shall limit their height as required in the Specific Use Activity sections.

(5) Development on the water shall be constructed of nonreflective materials that are compatible in terms of color and texture within the surrounding area.

(6) Visual access shall be maintained, enhanced and preser