n.a.
SECOND DRAFT
SQUAXIN ISLAND TRIBE
LAND USE ORDINANCE
Section 1. Purpose. The purpose of the Squaxin Island Land Use
Ordinance is to ensure that development of the lands of the Squaxin
Island Reservation, both presently existing and hereafter added to the
Reservation, is undertaken in a manner that is consistent with the
goals of the Squaxin Island Tribe for such lands, as stated in Section
4 of this Ordinance.
Section 2. Definitions
2.1. Tribal Council. The Squaxin Island Tribal Council, the
governing body of the Squaxin Island Tribe.
2.2. Tribal Court. Squaxin Island Tribal Court.
2.3. Land Use Board. The Board, chosen by the Tribal Council, that
is responsible for approving or denying Land Use Permit
applications.
2.4. Health Development Board. The Board, chosen by the Tribal
Council, that is responsible for approving or denying Health
Development Permit applications.
2.5. Squaxin Island District. Squaxin Island itself, not including
the tidelands surrounding the Island, which was the original
Squaxin Island Indian Reservation.
2.6. Tidelands District. All of the tidelands around Squaxin
Island, and those located in front of and adjacent to the Hartstene
District, all of which tidelands are Reservation lands.
2.7. Hartstene District. A tract of Reservation land on Hartstene
Island across Peale Passage from Squaxin Island, to wit:
Part of Lot 1 of Section 14, Township 20 North, Range 2
West, W.M., and part of Lot 2 of Section 14, Township 20
North, Range 2 West, W.M., and appurtenant and adjacent
tidelands.
2.8. Tribal Center District. A tract of Reservation land near
Kamilche, Washington used for business purposes (Tribal Center
District), to wit:
Part of the SW 1/2 of the SE 1/2 of Section 18, Township 19
North, Range 3 West, Willamette Meridian.
2.9. Housing District. A tract of Reservation land near Kamilche,
Washington used for residential purposes (Housing District), to
wit:
The NW 1/4 of the SE 1/4 of the NE 1/4 and the W 1/2 of the SW
1/4 of the SE 1/4 of the NE 1/4 in Section 20, Township 19
North, Range 3 West, W.M., in Mason County, Washington.
Section 3. Jurisdiction
3.1. Territory. The jurisdiction of the Squaxin Island Tribe
extends over all lands, waters and airspace within the exterior
boundaries of the Squaxin Island Reservation. The Reservation
includes four areas:
3.1.1 Squaxin Island itself, including its tidelands and
waters and subtidal lands surrounding the Island, up to a
distance of one-fourth mile from the line of mean low tide
(Squaxin Islands Tidelands and Subtidelands Districts);
3.1.2 An area of land on Hartstene Island across Peale
Passage from Squaxin Island (Hartstene and Tidelands
Districts);
3.1.3 An area of land near Kamilche, Washington used for
business purposes (Tribal Center District); and
3.1.4 An area of land near Kamilche, Washington used for
residential purposes (Housing District).
3.2. Ownership of Lands. Activities on all lands within the
exterior boundaries of the Squaxin Island Reservation shall be
subject to the provisions of this Ordinance regardless of the
ownership status of such lands. The Squaxin Island Tribe, through
the Squaxin Island Tribal Council, deems it absolutely necessary
that all Reservation lands be subject to uniform and consistent
controls so that the future of the Squaxin Island Reservation may
be preserved.
No action taken under this Ordinance may in anyway be influenced by
the race or tribal membership status of the owner of affected
lands.
Section 4. Goals. The goals of the Squaxin Island Tribe for the
development of Reservation lands are the following:
4.1. To protect the health, safety and welfare of all residents of
the Squaxin Island Reservation, and those who enter the
Reservation;
4.2. To preserve the cultural and Tribal identity, including
aesthetic aspects of such identity, of the Squaxin Island Tribe
of Indians;
4.3. To provide a base for cultural, social and health and other
welfare-related activities for Squaxin Island people;
4.4. To provide affordable housing to Tribal members in a community
setting.
4.5. To protect the natural resources and environment of the
Squaxin Island Reservation from degradation or pollution to the
greatest extent possible;
4.6. To develop Squaxin Island resources by the Squaxin Island
Tribe for the purpose of promoting a self-sustaining and stable
Indian community; and
4.7. To encourage maximum Tribal involvement in ownership and
management of Squaxin Island Reservation development to increase
the economic power and well-being of the Squaxin Indian Tribe.
Section 5. Land-Use Regulations.
5.1. District Regulations. The Squaxin Island Reservation shall
be divided into six districts: Squaxin Island District, Tidelands
District, Subtidelands Districts, Hartstene District, Tribal Center
District, and Housing District.
Uses of land in each district shall be limited to those that fall
within the District Regulations in this Section.
5.1.1 Squaxin Island District. The uplands of Squaxin
Island shall not be heavily developed, but shall retain
their present character as predominantly natural wilderness
areas. Commercial or residential construction shall
not be permitted. Appropriate uses include, but are not
limited to, controlled forestry activities, hunting, hiking,
and picnicing.
5.1.2. Tidelands District. The Tidelands around Squaxin
Island, and in front of the Hartstene District, shall not
be open to the general public. Tribal agents and Tribal
members and their immediate families, and others with
special permits from the Squaxin Island Tribal Council,
are the only people authorized to be on these tidelands
at any time, except for those leasing tidelands from the
Tribe and their guests.
5.1.3. Subtidelands District. The subtidelands and waters
within one-quarter of a mile from the line of mean low
tide around Squaxin Island shall be used only for
aquaculture purposes, either directly or indirectly, and for
recreational boating so long as recreational activities
do not interfere with aquaculture programs.
5.1.4. Hartstene District. This area shall be used for the
Tribal Oyster processing facility and related activities.
5.1.5. Tribal Center District. This area shall be used in
furtherance of Tribal government, including economic
enterprises of the Squaxin Island Tribe.
5.1.6. Housing District. This area shall be used as a
residential area. Uses such as a community center, a
mental-dental clinic, or other uses appropriate in a
residential area, including retail service facilities, may
also be permitted.
5.2. Existing Uses. Uses of lands on the Squaxin Reservation that
are in existence at the time of the enactment of this Ordinance,
and are inconsistent with its terms, shall be permitted. Changes
in uses of these lands, however, will require a permit from the
Land Use Board pursuant to Section 7, of this Ordinance.
Section 6. Health Development Board.
6.1. Members. The Health Development Board shall consist of three
persons, none of whom may serve on the Squaxin Island Tribal
Council or the Land Use Board at the same time he or she is on the
Health Development Board.
The Squaxin Island Tribal Council shall appoint the members of the
Board, and shall have the power to remove them for good cause. The
Board shall pick its own chairperson.
The Squaxin Island Court Clerk shall serve as the Health
Development Board Clerk.
6.2. Health Development Board Permits
6.2.1. Activities Requiring Permits. No person other than the
Tribe itself shall undertake any construction or other
activities that will require sewage disposal from or the
provision of water to completed construction or development
without a permit from the Board.
6.2.2. Issuance of Permits. The Board shall issue a permit to
an applicant only when it is satisfied that sewage disposal
and water supply systems will be adequate to meet the needs of
the proposed development, and can be provided without undue
environmental degradation or pollution.
6.3. Duties. The Board shall grant or deny applications for
permits pursuant to Section 8 of this Ordinance (Board Procedures).
A quorum of two members is necessary to take action on
applications. Decisions shall be by majority vote. A tie vote
acts as a denial.
Section 7. Land Use Board.
7.1. Members. The Land Use Board shall consist of four persons,
none of whom may serve on the Squaxin Island Tribal Council or
Health Development Board at the same time she or he is on the Land
Use Board. One of the four places on the Board shall be reserved
for a person who is not a member of the Squaxin Island Tribe who
owns real property on the Reservation. If no such person is
available to serve, that seat shall remain vacant until such a
person become available.
The Squaxin Island Tribal Council shall appoint the members of the
Board, and shall have the power to remove them for good cause. The
Board shall pick its own chairperson.
The Squaxin Island Court Clerk shall serve as the Land Use Board
Clerk.
7.2. Land Use Board Permits.
7.2.1 Activities Requiring Permits. No person other than the
Tribe itself shall undertake the following without a permit;
improvements on real property located on the Squaxin Island
Reservation, including new construction, remodeling, etc,;
destruction of existing structures; activities related to land
or water such as timber harvesting, acquaculture enterprises
except individual commercial fishing or clam or oyster
harvesting; and any other activities that directly relate to
the uses of Reservation lands or water resources; PROVIDED,
that any such activities that cost less than $1,000, or result
in a change in the appraised value of the subject property of
less than $1,000, are exempt from the permit requirement.
7.2.2. Issuance of Permit. The Board shall issue a permit to
an applicant only when it is satisfied that the following
conditions are met:
7.2.2.(a). A Health Development Board permit has
been secured;
7.2.2.(b) The proposed action meets the goals of
the Squaxin Island Tribe for development as stated
in Section 4 of this Ordinance; and
7.2.2.(c) The proposed action falls within uses
enumerated in the appropriate District Regulation.
7.2. Duties. The Board shall grant or deny applications for
permits pursuant to Section 8 of this Ordinance (Board Procedures).
A quorum of two members is necessary to take action on
applications. Decisions shall be by majority vote. A tie acts as
a denial.
Section 8. Board Procedures. The following procedures apply to both the
Health Development Board and the Land Use Board.
8.1. Application. An application for a permit must be made on the
approved form, available from the Board Clerk.
8.2. Additional Information. The Board may request additional
information from the applicant at any time, and shall allow
sufficient time to the applicant to provide such information. An
application shall not be considered complete pending response to
such a request by the Board.
8.3. Written Comments. Within two weeks of the date of submission
of the application, the Clerk shall post a copy of the application
and forward copies to the Tribal Council, and the Board shall cause
copies forwarded to other parties it knows to be interested, and
the Board shall set a time period for the submission to it of
written comments regarding the application. This time period may
be from one week to one month long, to start the day it is
established.
8.4. Publication of Written Comments. As they are received, and
for a period of one week (or less, if agreeable to the Board and
Applicant) following the last day for submission of written
comments, the Board shall make such comments available to the
public.
8.5. Public Hearing. The Board shall set a date for a public
hearing on the application to be held any time between one week and
one month following the last day for submission of written
comments. More than one public hearing shall be held, as long as
each hearing take place not more than one month after the previous
hearing, and no more than three hearings are held in total. Each
hearing shall be at a convenient time at the Tribal Center.
8.6. Notice of Public Hearing. Notice of each hearing shall be
mailed to all parties who have officially made the Board Clerk
aware of their interest, and others whom the Board knows to be
interested, and posted at the Tribal Center. Notice shall not be
valid unless given one week prior to the hearing.
8.7. Waiver of Public Hearings. If the Board and applicant agree,
and the Board determines from the written comments and other
sources of information that no substantial controversy exists, the
Board may request the Tribal Council to direct that no public
hearings be held. If the Tribal Council so directs, no hearings n
need by held, PROVIDED, that the Tribal member may reverse this
ruling by certifying to the Board Clerk that a controversy does in
fact exist within three days of the Tribal Council action.
8.8. Decision. The Board shall make its decision within one week
of the last Public Hearing on an application.
8.9. Appeal to Tribal Council. Decisions by the Board may be
appealed to the Tribal Council. Decision by the Council shall be
by majority vote. The Council shall hear an appeal at its first
meeting after the decision of the Board. The applicant, any person
with a substantial interest in the application or the Tribal
Council itself may appeal a decision to the Council.
8.10. Appeal to Tribal Court. Appeal from the decision of the
Tribal Council may be taken by the applicant or by any person with
a substantial interest in the outcome of the application to Squaxin
Island Tribal Court, or any Tribal Council member, using
established Tribal Rules of Civil Procedure. Appeals to Tribal
Court shall be limited to allegations that the action of the Tribal
Council was a result of bias, clearly erroneous, or caused by a
mistake in interpreting the law.
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