07-29-87
ORDINANCE NO. 56
WHEREAS, the Warm Springs Reservation constitutes a physical,
cultural and spiritual base for the Confederated Tribes; and
WHEREAS, the Tribal Council is empowered by the Tribal
Constitution to protect Reservation resources for the use of present
and future generations; and
WHEREAS, the Tribal Council believes that a comprehensive Land Use
Code is necessary to ensure orderly development of the Reservation and
protection of Reservation resources; and
WHEREAS, the Tribal Council believes the Land Use Code developed
by the Land Use Committee after extensive community input provides a
mechanism for accomplishing the Tribes' objectives and is consistent
with and in support of the Tribal Comprehensive Plan; now, therefore
BE IT ENACTED, by the Tribal Council of The Confederated Tribes of
the Warm Springs Reservation of Oregon pursuant to Article V, Section 1
(k), (1), (m) and (n) of the Tribal Constitution, that the attached
Warm Springs Tribal Code Chapter 411 "Zoning and Land Use Code" is
hereby adopted as Ordinance No. 56, superseding the existing Ordinance
No. 56.
CERTIFICATION
The undersigned, as Secretary-Treasurer of the Confederated Tribes
of the Warm Springs Reservation of Oregon, hereby certifies that the
Tribal Council is composed of 11 members, of whom 7, constituting a
quorum, were present at a meeting thereof, duly and regularly called,
noticed, convened and held this 29th day of July, 1987; and that the
foregoing ordinance was passed by the affirmative vote of 6 members,
the Chairman not voting; and that the said ordinance has not been
rescinded or amended in any way.
__________________________
Larry Calica
Secretary-Treasurer
___________________________
Bernard W. Topash
Superintendent
cc: Superintendent
Secretary-Treasurer
Administrative Services Center
WARM SPRINGS TRIBAL CODE
CHAPTER 411
ZONING AND LAND USE CODE
INDEX
SECTION PAGE
411.001 Legislative History and Purpose 1
411.005 Territorial Applicability 1
411.015 Existing Nonconforming Uses 2
411.020 Compliance with Chapter 2
ESTABLISHMENT OF ZONES
411.100 Primary Zones 2
411.110 Overlaying Zones 3
411.115 Location of Zones 3
411.120 Tribal Zoning Map 3
411.125 Adoption of Tribal Zoning Map 3
411.130 Adoption of Tribal Zoning Map (Amendment) 4
411.135 Zoning Boundaries 4
ZONE USES AND STANDARDS
411.200 Forest Zones 4
411.205 Range Zones 6
411.210 Agricultural Zones 8
411.215 Wilderness Zones 9
411.220 Community Zones 11
411.222 Special Protection Zones 12
411.225 Recreation/Scenic Zones 13
411.230 Rural Housing Zones 14
411.235 fish and Wildlife zones 15
411.240 Water Zones 16
411.245 Traditional, cultural and Historical Zones 18
411.250 Mineral and Energy Resource Zones 19
411.255 Site Plans and Energy Conservation Guidelines 21
411.275 Building Setback and Height Standards 21
APPLICATION AND PERMITTING PROCESS
411.300 Permits Required 22
411.305 Land Services Administration 23
411.310 Tribal Council Review 23
411.315 Tribal Council Review of Land Use Status 23
COMMUNITY, SUBDIVISION AND HOMESITE DEVELOPMENT
411.400 Community, Subdivision and Homesite Development Policy 23
411.405 Community, Subdivision and Rural Housing Development
Areas 23
ENFORCEMENT
411.900 Remedies Available for Enforcement of Land Use Code 24
411.905 Private Party Remedies 25
411.910 Persons Responsible for Enforcement 25
411.915 Land Assignment Compliance 25
411.990 Definitions 25
WARM SPRINGS TRIBAL CODE
CHAPTER 411
ZONING AND LAND USE CODE
411.001 Legislative History and Purpose. It is the purpose of this
Chapter to provide for the orderly development of Reservation lands and
resources and to provide for the protection of all Reservation
resources. This Chapter is the specific implementation of two Tribal
Council powers enumerated in the Constitution; specifically, Article V,
Sections 1(1) and (n), give the Tribal Council the power to:
(1) regulate the uses and disposition of tribal property; protect
and preserve the tribal property, wildlife and natural resources;
cultivate Indian arts, crafts and culture; administer charity; protect
the health, security and general welfare of the members of the
Confederated Tribes; and
(2) establish ordinances relating to the assignment, use, or
transfer of tribal lands within the jurisdiction in conformity with
Article VII of the Constitution.
It is the intent of this Land Use Code to recognize in the land
use planning process the traditional and cultural values of the Tribes,
particularly the communal use of lands. The provisions of this Code
are intended to facilitate common sense, practical decisions regarding
the use of Reservation lands. They are not intended as inflexible
standards which can be applied without an evaluation of all factors
relevant to a wise land use decision.
This Chapter is further intended to implement those provisions of
the Tribal Comprehensive Plan that relate to Reservation lands and
resources. Specifically, this Chapter is intended to implement the
land tenure and land use missions and policies contained in Chapter 16
of the Tribal Comprehensive Plan. The primary land use missions are to
"designate lands needed for homes and livelihoods for present and
future tribal members" and to "designate a variety of land uses so that
conflicts between uses can be minimized."
This Chapter replaces and supersedes the previous zoning
ordinance, Ordinance No. 56.
411.005 Territorial Applicability. This Chapter shall apply to all
lands within the external boundaries of the Warm Springs Reservation
and to lands held in trust for the Confederated Tribes by the United
States outside the boundaries of the Reservation.
411.015 Existing Nonconforming Uses. Uses of land which do not
conform with the requirements of this chapter, but which existed at the
time of enactment of this chapter, shall be deemed in compliance with
the chapter. However, those uses may only be expanded or altered if
done in compliance with the requirements of this chapter.
411.020 Compliance with Chapter. Land may be used and a structure or
part of a structure may be constructed, reconstructed, altered,
occupied or used only as this Chapter permits.
This Chapter should be read in conjunction with the following
plans, regulations and laws and in consultation with the designated
committees:
(1) The Tribal Comprehensive Plan; (Land Use Committee)
(2) 25 CFR Part 162 "Leasing and Permitting"; (Land Use
Committee)
(3) 25 CFR Part 163 "General Forest Regulations"; (Timber
Committee)
(4) The forest Management Plan; (Timber Committee)
(5) The Warm Springs Forest Products Industries Logging Unit
Agreement; (WSFPI Board of Directors and Timber Committee)
(6) Agriculture and Range Management Plan;
(Range/Irrigation/Agriculture Committee)
(7) Tribal Water Code; (Water Board)
(8) Streamside Management Plan; (Water Board)
(9) Fish and Wildlife Code; (Fish and Wildlife Committee)
(10) 25 CFR Parts 211 and 225 "Minerals"; (Land Use Committee)
(11) WSTC Chapter 400 "Housing"; (Housing Committee)
(12) McQuinn Strip Act; (Land Use Committee).
ESTABLISHMENT OF ZONES
411.100 Primary Zones. There are hereby established the following
primary zones which are mutually exclusive of each other. All zoned
lands will be zoned in one, and only one, of these categories:
(1) Forest Zones
(2) Range Zones
(3) Agricultural Zones
(4) Wilderness Zones
(5) Community Zones
(6) Special Protection Zones
411.110 Overlaying Zones. There are hereby established the following
overlaying zones, one or more of which may overlay a primary zone:
(1) Recreation/Scenic Zones
(2) Rural Housing Zones
(3) Fish and Wildlife Zones
(4) Water Zones
(5) Traditional, Cultural, Historical Zones
(6) Mineral and Energy Resource Zones
411.115 Location of Zones. The boundaries adopted for the zones listed
in this Chapter shall be indicated on the Warm Springs Reservation
Zoning Map which shall be adopted in accordance with WSTC 411.125. The
boundaries shall be modified in accordance with zoning map amendments
which shall be adopted by Tribal Council resolution.
411.120 Tribal Zoning Map. The Tribal Zoning Map adopted pursuant to
WSTC 411.125 shall be prepared by the Bureau of Indian Affairs Realty
Department in conjunction with the Land Use Committee. A copy of the
map or map amendments shall be kept in the BIA Realty Office and the
Tribal Planning Office.
411.125 Adoption of Tribal Zoning Map. The Tribal Zoning Map shall be
adopted by Tribal Council resolution. The map shall be prepared under
the direction of the Land Use Committee in conjunction with the Tribal
Planning Office and the Realty Office. In preparing the map, the Land
Use Committee shall confer and coordinate with all affected tribal and
Bureau of Indian Affairs departments and shall insure adequate
community involvement in the planning process. At least three district
meetings and one general community meeting shall be held during the
planning process.
411.130 Amendment of Tribal Zoning Map. The Tribal Zoning Map may be
subsequently amended by Tribal Council resolution. The procedures set
forth in WSTC 411.125 for adoption of the Tribal Zoning Map shall
likewise be followed in adoption of amendments to the Tribal Zoning
Map.
411.135 Zoning Boundaries. Unless otherwise specified, zone
boundaries are section lines, subdivision lines, lot lines, centerlines
of street rights-of-way, water courses, ridges or rimrocks, or other
readily recognizable or identifiable natural resources, or the
extension of such lines.
ZONE USES AND STANDARDS
411.200 Forest Zones.
(1) Management Objectives and Purposes. The purposes of forest
zones are to conserve and protect designated forest lands for continued
commercial growing and harvesting of timber in the production of wood
fibre and other forest uses; to increase the productivity of the land
over time; to protect the forest lands from fire, insects, and disease;
to conserve and protect watersheds, wildlife habitats and other forest
associated uses; to yield to the Tribes sustained income and
employment; to provide for management of forest lands on a sustained
yield basis; to protect scenic uses; to provide for agricultural uses;
to assure orderly and planned development of recreational and other
uses which are compatible with forest use and to minimize potential
hazards or damage from fire, pollution, erosion or urban development.
(2) Permitted Uses.
(a) Management, protection, propagation or harvesting of a
forest product;
(b) Hunting and fishing by tribal members;
(c) Food gathering and other cultural uses by tribal
members;
(d) Noncommercial recreational use, including camping, by
tribal members;
(e) Access by tribal members and nonmembers involved in
forest management, protection, harvesting and related activities;
(f) Grazing pursuant to a grazing authorization;
(g) Wood gathering by tribal members in accordance with WSTC
Chapter 451 "Woodcutting"; and
(h) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Rock/mineral extraction;
(b) Spring development;
(c) Access by nontribal members;
(d) Camping by nontribal members;
(e) Fishing by nontribal members;
(f) Open fires during declared fire season;
(g) Power line construction;
(h) Streamside and riparian activities (use streamside
management guidelines);
(i) Communications installations and equipment;
(j) Fire control lookouts;
(k) Commercial recreation;
(l) Commercial or industrial activities not related to
permitted uses, including highway commercial uses;
(m) Rural homesites in designated marginal forest areas; and
(n) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use permitted in subsection 3 of this
Section:
(a) The use does not interfere with accepted forest
management practices;
(b) The use is compatible with forest use and is consistent
with the purposes set forth in this Section;
(c) The use does not alter the stability of the overall land
use pattern of the area;
(d) The use does not constitute an unnecessary fire hazard
and provides for fire safety measures in planning, design, construction
and operation; and
(e) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
(5) Related Regulations and Procedures.
(a) 25 CFR Part 162 "Leasing and Permitting";
(b) 25 CFR Part 163 "General Forest Regulations";
(c) Forest Management Plan; and
(d) Warm Springs Forest Products Industries Logging Unit
Agreement.
(6) BIA Forestry Actions. Land use actions planned by the Bureau
of Indian Affairs in forest zones shall be presented to a joint tribal
committee meeting on a quarterly basis or at such further times as may
be necessary. The scheduling of such committee meetings shall be
through the Timber Committee, which shall be responsible for notifying
all other interested tribal committees. The Chairman of the timber
Committee shall preside at all such meetings. Any committee
dissatisfied with the proposed BIA land use action shall be entitled to
present a minority report to the Tribal Council. The BIA
Superintendent and BIA Forestry Manager shall attend Tribal Council
meetings at which minority reports are presented.
411.205 Range Zones.
(1) Management Objectives and Purposes. The purposes of range
zones are to conserve and protect designated range lands for continued
range and grazing uses; to preserve and protect open spaces and scenic
resources; to maintain and improve the quality of air, water and land
resources of the Reservation and to establish criteria and standards
for range uses and related supportive uses which are deemed
appropriate.
(2) Permitted Uses.
(a) Grazing pursuant to a grazing authorization;
(b) Food gathering and other cultural uses by tribal
members;
(c) Hunting and fishing by tribal members; and
(d) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Commercial activities in conjunction with range uses;
(b) Rural housing, including guest homes;
(c) Parks, hunting and fishing preserves, campgrounds;
(d) Mining;
(e) Log storage;
(f) Propagation or harvesting of agricultural or forest
products;
(g) Farming and ranching;
(h) Wood gathering;
(i) Landfill sites;
(j) Highway commercial uses; and
(k) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in a range zone:
(a) Is compatible with range uses and is consistent with
the purposes and management objectives set forth in this Section;
(b) Does not interfere seriously with accepted range
practices on adjoining lands;
(c) Does not materially alter the stability of the overall
land use pattern of the area;
(d) Is situated upon generally unsuitable land for the
production of farm crops and livestock, considering the terrain,
adverse soil or land conditions, drainage and flooding, vegetation,
location and size of the tract;
(e) Minimizes potential adverse effects on terrain, slope
and ground cover;
(f) The conversion of range lands to nonrange uses shall be
based upon consideration of the following factors:
(i) Environmental, energy, social and economic
consequences; and
(ii) Compatibility of the proposed use with related
range land; and
(g) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
(5) Related Regulations and Procedures.
(a) WSTC Chapter 460, Range and Livestock Ordinance
411.210 Agricultural Zones.
(1) Management Objectives and Purposes. The purposes of
agricultural zones are to preserve and maintain agricultural
lands for farm use consistent with existing and future needs for
agricultural products, forest and open spaces; to improve utilization of
tillable land; to improve irrigation on agricultural lands; to conserve
and protect scenic resources; to maintain and improve the quality of
air, water and land resources of the Reservation, and to establish
criteria and standards for agricultural uses and related supportive
uses which are deemed appropriate.
(2) Permitted Uses.
(a) Crop production;
(b) Pasture and/or livestock production;
(c) Food gathering; and
(d) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Commercial activities in conjunction with agricultural
uses;
(b) Rural housing, including guest homes;
(c) Parks, hunting and fishing preserves, and campgrounds;
(d) Irrigation system development;
(e) Landfill sites;
(f) Highway commercial uses; and
(g) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in an agricultural zone:
(a) Is compatible with agricultural uses and the management
objectives and purposes set forth in this Section;
(b) Does not interfere seriously with accepted farming
practices on adjacent lands devoted to farm uses;
(c) Does not materially alter the stability of the overall
land use pattern of the area;
(d) The use is compatible with community area uses and is
consistent with the purposes and management objectives set forth in
this Section.
(e) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
(5) Related Regulations and Procedures. Range and Livestock
Ordinance.
411.215 Wilderness Zones.
(1) Management Objectives and Purposes. The purposes of the
wilderness zones are to protect designated areas of scenic and natural
resources; to restrict development in areas with fragile, unusual, or
unique qualities; to protect and improve the quality of the air, water
and land resources; to maintain and enhance scenic vistas; and to
preserve and protect the fish and wildlife.
(2) Permitted Uses.
(a) Hunting, fishing and trapping by tribal members;
(b) Food gathering and other cultural uses by tribal
members;
(c) Horseback access by tribal members;
(d) Hiking by tribal members;
(e) Camping by tribal members;
(f) Mountain climbing;
(g) Wilderness administration by BIA and tribal personnel;
(h) Fire protection in accordance with an adopted fire
management plan; and
(i) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Fishing by nontribal members;
(b) Hiking and camping by nontribal members;
(c) Access by nontribal members;
(d) Forest protection;
(e) Burning;
(f) Trail development, movement or improvement;
(g) Motorized vehicles; and
(h) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in a wilderness zone:
(a) Shall be compatible with wilderness use and consistent
with the management objectives and purposes contained in this Section;
(b) Does not alter the stability of the overall land use
pattern of the area;
(c) Does not constitute an unnecessary fire hazard and
provides for at least a minimum of fire safety measures in planning,
design, construction and operation;
(d) Motorized vehicles used only for emergencies such as
fire suppression or search and rescue;
(e) No fires allowed during the fire season; and
(f) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.220 Community Zones.
(1) Management Objectives and Purposes. The purposes of community
zones are to encourage, accommodate, maintain and protect residential
developments; to protect a suitable environment for family living; to
provide for the location of businesses, industry, community facilities,
and services;
(2) Permitted Uses.
(a) Residences constructed in accordance with approved
subdivision plans;
(b) Commercial uses in designated commercial areas;
(c) Industrial uses in designated industrial areas; and
(d) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Multi-family dwellings, including duplexes;
(b) Parks;
(c) Business and industry located in nondesignated areas;
(d) Mobile home parks;
(e) Planned or mixed use developments;
(f) Public use;
(g) Government buildings and operations;
(h) Community buildings and operations;
(i) Churches;
(j) Recreational facilities;
(k) Subdivisions;
(l) Farming;
(m) Home occupations;
(n) Sweat lodges;
(o) Businesses selling or serving alcoholic beverages; and
(p) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in a community area zone:
(a) There shall be minimum setback requirements of 20 feet
from the front lot line, 10 feet from the side lot line and 10 feet
from the rear lot line;
(b) The use is compatible with community area uses and is
consistent with the purposes and management objectives set forth in
this Section;
(c) The use does not alter the stability of the overall land
use pattern of the area; and
(d) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.222 Special Protection Zones.
(1) Management Objectives and Purposes. The purposes of special
protection zones are to protect and preserve land with particularly
important traditional, cultural or historic significance. This zone
consists of land to be managed primarily on the basis of its
traditional, cultural or historical significance such as cemeteries.
(2) Permitted Uses.
(a) Traditional and cultural uses;
(b) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Traditional, cultural and historical studies;
(b) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following limitations
shall apply to special protection area zones:
(a) Shall not damage or destroy the traditional, cultural or
historic character of the site;
(b) Shall contain adequate provision for study and
documentation of traditional, cultural or historic use;
(c) Shall contain limits on types of equipment to be used on
the site;
(d) Does not alter the stability of the overall land use
pattern in the area; and
(e) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.225 Recreation/Scenic Zones.
(1) Management Objectives and Purposes. The purposes of
scenic/recreation zones are to provide lands for outdoor recreational
usage; to preserve scenic lands and vistas; to enhance fish and
wildlife for recreational use; to provide lands for commercial
recreation; and to provide designated areas for tribal member
recreational use only.
(2) Permitted Uses.
(a) Passive recreation, such as fishing, photography, and
nature observation;
(b) Traditional and cultural uses;
(c) Trails recreation, such as horseback riding and hiking;
(d) Forest protection activities; and
(e) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Public use;
(b) Winter recreation areas;
(c) Recreation horse riding;
(d) Grazing pursuant to a grazing authorization;
(e) Moving of livestock;
(f) Commercial recreation;
(g) Off-road vehicle access;
(h) Highway commercial uses; and
(i) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in a scenic/recreation zone:
(a) Minimum setback for development in a scenic zone shall
be 1,320 feet, except where natural terrain or tree cover provides a
visual barrier;
(b) Does not materially alter the stability of the overall
land use pattern of the area;
(c) Is compatible with recreation/scenic uses and the
management objectives and purposes set forth in this Section; and
(d) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.230 Rural Housing Zones.
(1) Management Objectives and Purposes. The purposes of rural
housing zones are to provide rural homesites to tribal members desiring
them; to provide homesites near the resident's farming or grazing
operation; to protect prime agricultural land; and to promote a rural
living environment.
(2) Permitted Uses.
(a) Homes, storage buildings and agricultural or ranch
related outbuildings, together with access roads built in accordance
with an approved rural housing development plan or subdivision plan;
and
(b) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses. The following are conditional uses when
not done pursuant to an approved rural housing development plan or
subdivision plan:
(a) Water wells;
(b) Roads;
(c) Irrigation facilities;
(d) Guest house;
(e) Home occupations;
(f) Livestock home base development;
(g) Subdivision plans and rural housing development plans;
and
(h) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to a conditional use in a rural housing zone:
(a) Development shall not occur in prime agriculture and
range lands;
(b) Shall be compatible with rural homesite use and
consistent with the management objectives and purposes contained in the
Section;
(c) Does not alter the stability of the overall land use
pattern of the area;
(d) Does not constitute an unnecessary fire hazard;
(e) A minimum setback of 100 feet from streams and
(f) A minimum lot size of 2 acres unless in a rural
subdivision; and
(g) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.235 Fish and Wildlife Zones.
(1) Management Objectives and Purposes. The purposes of fish and
wildlife zones are to protect, maintain and enhance habitats and
populations of fish and wildlife; to systematically identify habitat as
a basis for population and density levels and management objectives by
species to protect habitat, control habitat altering land uses and
prevent habitat destruction so as to maintain selected species, while
protecting rare and endangered species as identified by the Tribes; to
build winter deer and elk population and maintain a balance between
livestock and fish and wildlife resources; to protect and enhance
anadromous fish; to provide regulations and controls for orderly
harvest of selected species of fish and wildlife; recognizing
ceremonial and subsistence values of tribal members; to control hunting
and fishing by nonmembers; to protect and preserve treaty rights in
ceded areas; and to maintain and protect a high quality of fishery.
(2) Permitted Uses.
(a) Hunting, fishing and trapping by tribal members; except
as authorized by Tribal Council;
(b) Recreation;
(c) Grazing pursuant to a grazing authorization;
(d) Forest protection activities; and
(e) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Housing development;
(b) Water withdrawal;
(c) Mining;
(d) Nonmember fishing;
(e) Nonmember camping;
(f) Road construction;
(g) Grazing pursuant to a grazing authorization;
(h) Out of season hunting; and
(i) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses.
(a) Shall be compatible with fishing and wildlife use and
consistent with the management objectives and purposes contained in
this Section;
(b) Does not alter the stability of the overall land use
pattern in the area; and
(c) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.240 Water Zones.
(1) Management Objectives and Purposes. The purposes of a water
zone shall be to maintain the integrity of the lakes, springs and
streams of the Reservation by protection of watershed areas, minimizing
erosion, promoting bank stability and prevention of pollution; to
preserve scenic quality, recreational potentials, traditional and
cultural values; to provide for the beneficial and equitable uses of
water resources and to plan for the maximum use of Reservation water
resources as an exercise of the Warm Springs Tribal Water Rights; to
coordinate water planning and management with multi-year management
plans for other resources and developments so as to ensure long-term
protection for water resources; to minimize impacts of floods; and to
implement the Warm Springs Water Management Plan and Streamside
Management Plan.
(2) Permitted Uses.
(a) Appropriation of the water resource for a beneficial
use;
(b) Noncommercial recreation, including fishing, boating,
and swimming for tribal members;
(c) Grazing pursuant to a grazing authorization;
(d) Forest protection activities; and
(e) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Housing development;
(b) Grazing;
(c) Impoundments;
(d) Stream diversions;
(e) Consumptive uses;
(f) Irrigation;
(g) Commercial recreation; and
(h) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses.
(a) A minimum setback of 100 feet from streamside for
housing development;
(b) No water pollution;
(c) No feed lots for livestock within 100 yards of stream
channel;
(d) No subsurface sewage disposal drain fields within 100
feet of a stream bank;
(e) Does not materially alter the stability of the overall
land use pattern of the areas;
(f) Is compatible with water uses and the management
objectives and purposes set forth in this Section; and
(g) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255. Building construction shall not be allowed within the
100-year floodplain of any stream.
411.245 Traditional, Cultural and Historical Zones.
(1) Management Objectives and Purposes. The purposes of
traditional, cultural and historic zones are to preserve and protect
lands with traditional, cultural or historic significance; to preserve
and protect longhouses, camp areas such as HeHe, pictograph areas,
cemeteries, sweat houses, food preparing areas, root gathering areas,
berry gathering areas, special fishing areas such as Whiskey Dick's,
Whitehorse Rapids, and Sherars Falls, CCC and mill site areas,
archaeological sites including glyph areas, paleontological sites such
as fossil beds, campsite areas, and burial sites, trails, traditional
special use areas related to natural products such as cedar bark, pine
nuts, tule roots, medicine, moss, oak, alder, mushrooms, and willow,
boundary markers, homesteads including buildings and rock fences; to
preserve, improve and re-establish areas that produced traditional
foods and other natural products; to provide a physical basis for
educating and instilling in Indian children, traditional, cultural and
historic values; and to establish zones suitable for propagation of
traditional foodstuffs and other plants.
(2) Permitted Uses.
(a) Activities to accomplish and further the purposes and
management objectives set forth in this Section;
(b) Forest protection activities; and
(c) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(3) Conditional Uses.
(a) Traditional, cultural and historical studies;
(b) Uses consistent with the underlying zone;
(c) Housing; and
(d) Other similar uses consistent with the management
objectives and purposes set forth in this Section, including uses
permitted in the primary zone.
(4) Limitations on Conditional Uses. The following limitations
shall apply to a traditional, cultural or historic character of the
site;
(a) Shall not destroy the traditional, cultural or historic
character of the site;
(b) Shall contain adequate provision for study and
documentation of traditional, cultural or historic use;
(c) Shall contain limits on types of equipment to be used on
the site;
(d) Shall be compatible with traditional, cultural, and
historical use and consistent with the management objectives and
purposes contained in this Section;
(e) Does not alter the stability of the overall land use
pattern in the area; and
(f) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.255.
411.250 Mineral and Energy Resource Zones.
(1) Management Objectives and Purposes. The purposes and
management objectives of mineral and energy zones are to provide
controls for the identification and management of mineral and energy
resources; to manage mineral and energy resource development
in coordination with water resource planning and management
so as to protect water resources and water quality; to
control exploration for and extraction of resources so as to minimize
impacts on adjacent land uses, quality of the visual landscape and on
stream side management zones and provide for proper reclamation of
disturbed lands; to establish areas for the inventory and assessment of
mineral and energy potential and provide maximum tribal control over
exploration and development of the resources; to insure adequate
provision for developing hydroelectric potential; to provide for the
orderly development of alternative energy sources (solar, wind and
geothermal); and to provide for the proper placement of electrical
transmission lines associated with energy development.
(2) Permitted Uses.
(a) None (all uses are subject to conditional use
procedures).
(3) Conditional Uses.
(a) Seismic exploration;
(b) Prospective drilling;
(c) Prospective excavation for gravel, rock and ores;
(d) Expansion of existing sand, gravel and borrow pits;
(e) Other mining;
(f) Hydroelectric facilities; and
(g) Other similar uses consistent with the management
objectives and purposes set forth in this Section.
(4) Limitations on Conditional Uses. The following guidelines
shall apply to conditional uses in mineral and energy resource zones:
(a) Is compatible with management objectives and purposes
set forth in this Section;
(b) Does not materially alter the stability of the overall
land use pattern of the area;
(c) Minimizes potential adverse affects on terrain, slope
and ground cover;
(d) Contains adequate safety provisions;
(e) Does not unacceptably conflict with purposes of
underlying zone or other overlaying zones;
(f) Does not adversely impact water quality;
(g) Contains adequate provision for prevention of excessive
dust or noise pollution from open pit mines; and
(h) In the event that the conditional use involves the
erection of a physical structure or a physical disturbance of the area,
a site plan shall be submitted for the proposed use in accordance with
WSTC 411.25.
(5) Related Regulations and Procedures.
(a) 25 CFR Part 211 and 25 CFR Part 225;
(b) Public Law 95-382;
(c) Mineral Development Act of 1982; and
(d) Paragraph 30, BIAM (NEPA).
411.255 Site Plans and Energy Conservation Guidelines.
(1) Where required, site plans shall be prepared for submission
to the Land Use Committee. Contained on the site plan shall be scale
drawings which locate buildings, streets, driveways, parking areas,
utilities, landscaping, excavation, water wells, irrigation facilities,
and all other physical structures or uses which physically
change the land. Buildings and other improvements shall be located to
minimize disturbance to existing natural land forms, trees, shrubs and
other natural vegetation. For temporary uses, such as surface mining,
an additional site plan shall accompany the application depicting the
land reclamation plan.
(2) Where practical, building construction, including homes,
shall be designed and located to optimize energy conservation through
solar access techniques. Consideration should be given to building
orientation, window usage, landscaping, overhangs, shading devices, and
use of skylights to provide natural lighting and heating.
411.275 Building Setback and Height Standards
(1) Building setbacks from streets shall be a minimum of 20 feet
in all zones, except for commercial zones.
(2) Side yard and rear yard building setbacks shall be a minimum
of 10 feet in all zones, except for commercial zones.
(3) Zero building setbacks may be allowed in commercial zones if
approved in a site plan by the Land Use Committee.
(4) Building setbacks within scenic zones shall be a minimum of
1,320 feet, except when natural terrain or tree cover provide a visual
barrier.
(5) Conditional use permits may be granted for lesser building
setbacks in scenic zones in the following cases:
(a) The site is approved as a rural housing development
area;
(b) The site is approved for commercial or industrial land
use; or
(c) The site is approved for similar uses consistent with
the management objectives and purposes of the primary zone.
(6) Building heights shall be a maximum of 30 feet in all zones,
except higher buildings may be allowed in nonresidential areas if fire
protection measures such as automatic sprinkler systems are provided.
APPLICATION AND PERMITTING PROCESS
411.300 Permits Required. Permits shall be required for the land use
actions enumerated below and shall be issued only in conformance with
the procedures and standards established by the Chapter:
(1) Homesite leases.
(2) Exchange allotments.
(3) Exchange assignments.
(4) Standard assignments.
(5) Leases of tribal lands.
(6) Building permits.
(7) Mining permits.
(8) Subdivisions.
(9) Conditional uses.
(10) Variances.
411.305 Land Services Administration. This chapter shall be
administered by the Land Services Clerk in the Bureau of Indian Affairs
Realty Office in conjunction with the Tribal Planning Office and the
Tribal Land Use Committee. The Clerk shall develop written procedural
rules for administration of this Chapter, including community
notification and meeting requirements, application regulations,
decision deadlines, reporting requirements, designated enforcement
personnel and other administrative rules.
411.310 Tribal Council Review. The Tribal Council retains the
authority to review all actions taken pursuant to this Chapter.
411.315 Tribal Council Review of Land Use Status. The Land Use
Committee with the assistance of the Land Use Clerk shall present
quarterly and annual reviews of all land use actions to the Tribal
Council to assist the Tribal Council in overseeing the orderly
development of the Reservation.
COMMUNITY, SUBDIVISION AND HOMESITE DEVELOPMENT
411.400 Community, Subdivision and Homesite Development Policy. The
following Sections are intended to implement in part the following
tribal policies:
(1) Ensuring the orderly development of the Reservation.
(2) Providing lands for tribal member homes.
These Sections are intended to deal with the historical problems
that have developed in connection with the allotment and assignment
systems. These problems include fractionated ownership,
underutilization of land, and piecemeal conveyance of interests in
lands. It will henceforth be the policy of the Confederated Tribes to
direct the tribal organization and Bureau of Indian Affairs to make
available to tribal members lands for homesites on an orderly basis and
in a planned manner.
411.405 Community, subdivision and Rural Hosing Development Areas.
(1) Development plans for community, subdivision, and rural
housing areas established on the official zoning map shall be developed
to provide homesites for tribal members on an orderly basis. The
purposes of these plans are to encourage the orderly and efficient use
of all Reservation lands; to protect public health and safety by
controlling road and utility construction; to encourage design which
compliments the Reservation's appearance and livability; to minimize
conflicts between different land uses; to encourage cost-effective
development conducive to energy efficiency in conservation; and to
conserve range and agricultural lands.
(2) All community, subdivision and rural housing plans shall be
approved by the Tribal Council. Construction or development in
accordance with an approved plan shall be a permitted use in the
applicable zone.
(3) Development plans may be required to include a firebreak area
around the exterior boundaries of the planned area.
(4) Subdivision and community names and street names shall be
included in the plan to be approved by the Tribal Council.
(5) Plans submitted to the Tribal Council shall include survey
data and shall be shown on a scale drawing which identifies all
streets, easements, lots, utility lines and lot sizes.
(6) Submitted plans may include conditions relating to housing
construction standards and conditions including color and height
limitations needed to protect the Reservation's scenic resources,
fencing requirements, livestock controls and accessory building
standards.
ENFORCEMENT
411.900 Remedies Available for Enforcement of Land Use Code. Whenever
a building or other structure is, or is proposed to be, located,
constructed, maintained, repaired, altered, or used, or any land is or
is proposed to be used in violation of this Chapter, the Confederated
Tribes shall have the following remedies:
(1) Injunction. The Confederated Tribes may obtain an injunction
seeking all appropriate relief, including cessation of activities,
restoration of property, or other appropriate relief.
(2) Money Damages. The Confederated Tribes may commence an
action for money damages that may include costs of removal of offending
structures or restoration of property.
(3) Civil Penalties. All persons, including non-Indians,
violating this ordinance are subject to a civil penalty for each
infraction. Security may be seized for payment of penalties in
accordance with the provisions of WSTC 200.700 through 220.750.
(4) Criminal Penalties. Indians violating the provisions of this
Chapter are subject to a criminal penalty not to exceed $500 fine
and/or six months' confinement.
411.905 Private Party Remedies. Private parties directly impacted by
violations of this Chapter may maintain an action for injunctive relief
or damages in Tribal Court, or may make a complaint to the Tribal
Prosecutor for action under WSTC 411.900.
411.910 Persons Responsible for Enforcement.
(1) Designated tribal and BIA employees shall be responsible and
have the duty to report to the Land Use Clerk all violations of this
Chapter affecting the operations of their departments.
(2) The Land Use Clerk shall be responsible for monitoring
compliance with this chapter by all activities on the Reservation. The
Land Use Office shall initiate any necessary action to ensure
compliance with this Chapter.
411.915 Land Assignment Compliance. The BIA Realty Office shall
monitor land assignments for compliance with the provisions of Article
8, Section 5, of the Constitution of the Confederated Tribes of the
Warm Springs Reservation of Oregon. The BIA Realty Office shall
prepare a Land Use Compliance Report and review with the Land Use
Committee any assignments subject to cancellation or reassignment due
to abandonment, failure to improve the assignment, or the death of the
assignment holder. The Land Use Committee shall then promptly prepare
and submit to the Tribal Council a report recommending disposition of
the assignment.
411.990 Definitions.
(1) "Affected persons" means those persons having an interest in
land located within a minimum distance of 250 feet, exclusive of public
street and other rights-of-way, from the property subject to a permit
required by this Chapter.
(2) "Agricultural land" means land which is suitable for farm
use, taking into consideration soil fertility, suitable for grazing and
cropping, climatic conditions, existing and future availability of
water for farm irrigation purposes, existing land use patterns,
technological and energy inputs required, and accepted farming
practices.
(3) "Building" means a structure, but not a mobile home, built
for the support, shelter or enclosure of persons, animals, chattels or
property of any king and having a fixed connection to the ground.
(4) "Camp, tourist or trailer park" means any area or tract of
land used or designed to accommodate two or more trailers, or two or
more camping vehicles, tents or outfits, including cabins, the primary
purpose of which is to rent space or keep space for rent to any person
for a charge or fee.
(5) "Commercial use" means a structural or land use intended or
used for business purposes, such as a retail store, a restaurant, an
office, a service establishment, or a hotel or motel. A commercial
use includes light repair service but does not include the repair
or maintenance of heavy equipment or machinery or such other uses
normally associated with an industrial use.
(6) "Conditional use" means a use that may be permitted or denied
at the discretion of the Land Use Committee based on findings of fact
as required by this Chapter.
(7) "Confederated Tribes" or "Tribes" means the Confederated
Tribes of the Warm Springs Reservation of Oregon.
(8) "Dwelling, multifamily" means a building or portion thereof
designed for occupancy by two or more families living independently of
each other.
(9) "Dwelling, single family" means a detached building
containing one dwelling unit and designed for occupancy by one family
only.
(10) "Farming" means the use of land for raising and harvesting
crops, or for the feeding, breeding and management of livestock, or for
dairying or any other agricultural or horticultural purpose or use. It
includes the construction and use of dwellings and other buildings
customarily provided in conjunction with farming.
(11) "Flood hazard boundary map" means an official map of the
Tribes labeled a flood hazard boundary map and delineating the
boundaries of the special hazard areas.
(12) "Forest lands" means lands composed of existing and potential
forest lands which are suitable for commercial forest uses; other
forested lands needed for watershed protection, wildlife and fisheries
habitats, and recreation; lands where extreme conditions of climate,
soil and topography require the maintenance of vegetative cover
irrespective of use; and other forested lands in urban and agricultural
areas which provide urban buffers, windbreaks, wildlife and fisheries
habitats, livestock habitats, scenic corridors and recreational use.
(13) "Forest uses" means the production of trees and the
processing of forest products; open space; buffers from noise and
visual separation of conflicting uses; watershed protection and
wildlife and fisheries habitats; soil protection from wind and water;
maintenance of clean air and water; outdoor recreational activity and
related support services and wilderness values compatible with these
uses; and grazing for livestock.
(14) "Home occupation" means a lawful occupation carried on by a
resident of a dwelling as an accessory use within the same dwelling or
accessory structure.
(15) "Industrial use" means a structural use intended or used for
manufacturing, processing, repairing or compounding, or for the storage
of wholesale distribution of goods.
(16) "Livestock" means domestic animals of types customarily
raised or kept on farms.
(17) "Lot" means an allotment, assignment, parcel or tract of
land.
(18) "Mobile home" means a vehicular or portable structure which
is constructed for moving on the public highway; which is designed for
use as a residence but which has not been demonstrated to conform to
the requirements of the building code for other residences.
(19) "Mobile home park" means a place where two or more
mobile-homes are located within 500 feet of one another on a lot, tract
or parcel of land under the same ownership, the primary purpose of
which is to rent space or keep space for rent to any person for a
charge or fee paid or to be paid for the rental or use of facilities or
to offer space free in connection with securing the trade or patronage
of such person.
(20) "Natural resources" means air, land, water and the elements
thereof valued for the existing and potential usefulness to man.
(21) "Nonconforming structural use" means a lawful, existing
structure or use at the time this ordinance or any amendment thereto
becomes effective, which does not conform to the requirements of the
zone in which it is located.
(22) "Owner" means an owner or assignee of property, or the
authorized agent of an owner of assignee.
(23) "Parcel" means a unit of land created by partitioning of
land.
(24) "Partition" means an act of partitioning land or an area or a
tract of land partitioned in accordance with this Chapter.
(25) "Partitioned land" means to divide an area or tract of
land into two or three parcels within a calendar year when such area or
tract of land exists as a unit or contiguous units of land under single
ownership at the beginning of such year.
(26) "Person" means a natural person, firm, partnership,
association, social or fraternal organization, corporation, trust,
estate, receiver, syndicate, branch of government, or any group or
combination acting as a unit.
(27) "Primary or principal use" means the first use to which
property is or may be devoted, and to which all other uses on the
premises are accessory or secondary uses.
(28) "Public use" means a structure or use intended or used for a
public or tribal purpose by the Confederated Tribes or by any
governmental agency.
(29) "Realty Office" means the Realty Office within the Warm
Springs Agency of the Bureau of Indian Affairs.
(30) "Recreation vehicle" means a vacation trailer or other
vehicular or portable unit which is either self-propelled or towed or
is carried by a motor vehicle; which is intended for human occupancy
and is designed for vacation or recreation purposes but not residential
uses.
(31) "Recreation vehicle park" means a lot which is operated on a
fee or other basis as a place for the parking of occupied recreation
vehicles.
(32) "Reservation" means the Warm springs Reservation of Oregon
and includes all lands within the exterior boundaries of the
Reservation.
(33) "Residential" means any dwelling unit or group of units built
or used for human occupancy.
(34) "Semi-public use" means a structure or use intended or used
for a semi-public purpose by a church, lodge, club or other nonprofit
organization.
(35) "Superintendent" means the Superintendent of the Warm Springs
Agency of the Bureau of Indian Affairs.
(36) "Use" means the purpose for which land or a structure is
designed, arranged or intended, or for which it is occupied or
maintained.
(37) "Variance" means an authorization for the construction or
maintenance of a building or structure, or for the establishment or
maintenance of a use of land, which is prohibited by zoning
classification.
Back to the Table of Contents
|