Chapter 11.55
FOREST PRACTICES
Sections:
11.55.010 Statement of purpose.
11.55.020 Statement of authority.
11.55.070 Riparian management zones.
11.55.080 Chemical application.
11.55.120 Nonreforested lands.
11.55.160 Business Committee review.
11.55.170 Application time limits.
11.55.180 Approval or disapproval policy.
11.55.010 Statement of purpose.
This chapter establishes rules for the management of forest resources on all lands within the boundaries of the Reservation and lands owned by the Tribe (the “Tribal lands”). This chapter will ensure the responsible growing and harvesting of timber, and will provide the necessary protection of environmental resources such as air, water, soil, fish, wildlife, and recreation. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.1.010.]
11.55.020 Statement of authority.
A. Authority for this chapter is found in the Tribal Constitution Articles II and V.
B. This chapter also implements Clean Water Act authority delegated to the Tribe by the Environmental Protection Agency pursuant to Water Pollution Prevention and Control (Clean Water) Act Section 518(e), 33 U.S.C. Section 1377(e) (2000). [Res. 2011-021. Prior code § 7.8.1.020.]
11.55.030 Definitions.
For the purposes of this chapter:
“Active roads” means roads currently being used or maintained for the purpose of removing commercial forest products.
“Aquatic area” means wetted area of streams, lakes and wetlands up to the high water level. Oxbows and side channels are included if they are part of the flow channel or contain fresh water ponds or may again become stream channels due to a future flood event.
“Buffer strip” means an undisturbed, natural, vegetated buffer left adjacent to rivers, streams, and wetlands.
“Chemicals” includes herbicides, insecticides, rodenticides, fertilizers, and adjuvants.
“Contaminate” means the presence in the atmosphere, soil, or water of sufficient quantities of chemicals as may be injurious, as determined by the Natural Resources Director, to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, or recreational uses, or to livestock, wildlife, fish, or other aquatic life.
“End hauling” means, in road construction, hauling material to a designated area as opposed to side casting the material.
“Established seedling” means a seedling of acceptable forest tree species that has survived two years on the site.
“Fertilizers” means any substance or any combination or mixture of substances designed for use principally as a source of plant food.
“Fill or filling” means the deposit by artificial means of any materials, organic or inorganic.
“Forest land” means land for which a primary use is the growing and harvesting of forest tree species.
“Forest practice” means any activity conducted on forest land and relating to growing, harvesting, or processing timber. Activities include, but are not limited to, timber harvesting, timber thinning, reforestation, road and trail construction, road maintenance, road deactivation, fertilization treatments, brush control, and harvesting resources for commercial use.
“Herbicides” means any substances used to destroy, repel or mitigate any weed, or to prevent or retard undesirable plant growth.
“High risk areas” means lands determined by the Natural Resources Director to have a significant potential for destructive mass soil movement or stream damage because of topography, ecology, biology, soils, or intensive rainfall periods.
“High water level” means the stage regularly reached by a body of water at the peak of fluctuation in its water level. “High water level” is often observable as a clear, natural line impressed on the bank. It may be indicated by such characteristics as terracing, changes in soil characteristics, destruction of vegetation, presence or absence of litter or debris, or other similar characteristics.
“Insecticides” means any substances used to destroy, repel, or mitigate any insect.
“Riparian areas” means wet soil areas next to streams, lakes, estuaries and wetlands. They are usually characterized by high water tables.
“Riparian management zone (RMZ)” means an area along each side of a specified stream or body of water in which vegetation retention and special management practices are required for the protection of water quality and fish and wildlife habitat. Includes lands within 300 feet of the banks of the Chehalis and Black Rivers; and within 150 feet of all wetlands, lakes, and perennial tributaries to these rivers.
“Sapling” means live trees of commercial species, less than 11 inches in diameter taken at breast height of good form and vigor.
“Side casting” means, with respect to road construction, pushing material over the side of the road.
“Significant summertime cooling influence” means a volume of water that is large enough, and at such temperature, that it will maintain or reduce the temperature downstream.
“Vacated roads” means roads that have been made impassable and are no longer to be used for forest management purposes or commercial forest harvesting activities.
“Water bar” means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation and duff material so that it does not gain the volume and velocity that causes soil movement or erosion.
“Wetlands” means those areas defined under the current Federal Manual. Wetlands may include, but are not limited to, lands that are inundated or saturated by surface 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 include marshes, swamps, bogs, and similar areas. Wetlands do not include water developments.
“Wood cutting” means cutting or removing wood products.
“Wood products” means any raw wood products, including green wood, dry wood, dead wood, down wood, boughs, cones, poles, fence posts, or any other products cut or removed.
“Written plan” means a plan submitted by the landowner that describes how the operation will be conducted to comply with the applicable rules of this chapter. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.1.030.]
11.55.040 Notification.
A. Permits are required for anyone seeking to conduct a forest practice. Prior to taking any of the actions described below, notification shall be given to, and permits obtained from, the Department of Natural Resources. For non-Tribal fee lands, notification will be to the Chehalis Tribe Department of Natural Resources and the Washington Department of Natural Resources. For Tribal fee and trust lands, notification will be to the Chehalis Tribe Department of Natural Resources only. Forest practices include:
1. Forest products harvesting, including felling, bucking, yarding, decking and hauling, forest road construction or improvement within the operation area described, and treatment of slash.
2. Road construction or reconstruction of existing roads within operation areas for the purpose of harvesting commercial forest products.
3. Site preparation and/or reforestation activities.
4. Clearing forest land, including brush removal and burning.
5. Precommercial thinning.
6. Chemical application.
7. Commercial resources harvesting.
B. Notification to the Natural Resources Department shall be in the attached notification format. Washington State FPA/N forms will also be accepted, so long as the mapping requirements listed in subsection (C)(5) of this section are met.
C. A written plan shall be delivered to the Natural Resources Director that contains the following information:
1. Timber harvest plan or conversion option harvest plan;
2. Reforestation plan;
3. Slash disposal plan including a smoke management plan if burning is required;
4. Fire protection plan (if during regulated fire season); and
5. Maps of proposed project area indicating the following:
a. North arrow;
b. Property lines and description;
c. Adjacent land owner’s name if activity occurs along property line;
d. All water resources including wells, springs, streams, rivers, wetlands, etc.;
e. Adjacent cover types; and
f. Harvest boundary by logging method. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.1.040.]
11.55.050 Fees.
A. The following fees apply:
1. Timber harvest permit: $100.00.
2. Timber harvest with land conversion: $700.00.
3. Land clearing permit: $100.00.
4. Chemical application permit: $100.00.
5. Commercial firewood permit: $100.00.
B. The Business Committee authorizes the Natural Resources Director to waive or reduce any fees the Natural Resources Director deems appropriate. [Res. 2011-021. Prior code § 7.8.1.050.]
11.55.060 Petroleum products.
A. Measures, as identified in the Chemical Appendix, shall be taken to prevent leakage or accidental spillage of any petroleum products into the waters or onto Tribal lands.
B. In the event a spill does occur, the responsible party shall notify the Natural Resources Department or Tribal Law Enforcement immediately after the accident. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.010.]
11.55.070 Riparian management zones.
A. The purpose of these rules is to protect the function and values of streams, lakes, and wetlands by providing for wildlife and aquatic habitat, and to protect water quality.
B. Boundaries of the riparian management zone (RMZ) need not be formed by straight lines. The width of the riparian management area may vary depending upon topography, vegetative cover, the needs of harvesting design, and the needs for aquatic and wildlife habitat. The following requirements apply to determining the width of various types of riparian management areas:
1. The width of RMZ for streams are as follows: Chehalis and Black Rivers: RMZ width 300 feet with no disturbance within the first 150 feet; and all other streams: RMZ 150 feet with no disturbance within the first 100 feet.
2. Lakes and Wetlands. The width of the RMZ for lakes and significant wetlands are as follows:
a. Less than one acre shall average 50 feet.
b. One to five acres shall average 100 feet.
c. Six to 10 acres shall average 150 feet.
d. Over 10 acres shall average 200 feet. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.020.]
11.55.080 Chemical application.
A. The purpose of these rules is to regulate the handling, storage, and application of chemicals to assure their proper use and avoid contamination of nontarget areas, especially Tribal waters. The minimum precautions that shall be taken are located in the Chemical Appendix. The Natural Resources Director may impose additional precautions if necessary.
B. All commercial chemical applications will be under the direction of a licensed chemical applicator.
C. Equipment used for transportation, storage, or application of chemicals shall be leak proof.
D. Water Quality. If water is taken from any stream or water impoundment for chemical mixing, then the following precautions shall be taken:
1. Provide an air gap or reservoir between the water source and mixing tank; or
2. Use a portable pump with the necessary suction hose, feed hoses and check valves to supply tanks with water from streams. The equipment shall be used only for water.
E. Protection. Necessary precautions shall be taken to protect waterways and areas of open water such as swamps or impoundments from contamination when applying chemicals.
1. Aerial Application. Leave an unsprayed strip at least 200 feet on each side of every stream or other body of water.
2. Aerial Application – Inhabited Dwellings. Leave a 500-foot unsprayed strip around inhabited dwellings.
3. Ground Application – Open Water. Leave an unsprayed strip at least 50 feet on each side of every stream or area of open water.
F. Fertilizers. Precautions shall be taken to avoid direct application of fertilizers to streams or areas of open water. No fertilizers shall be applied in the riparian management zone.
G. Mixing of Chemicals. Mix chemicals or clean tanks or equipment only where chemicals will not contaminate waters. Mixing areas and aircraft landing areas shall be located where spillage of chemicals will not endanger waters. If any chemical is spilled, take immediate and appropriate action to contain or neutralize it.
H. Chemical Application. Chemicals shall be applied only in accordance with currently recognized procedures in accordance with the Chemical Appendix.
I. Chemical Application Records. When using chemicals as a forest management tool, a daily record of the spray operations shall be maintained and delivered to the Department of Natural Resources as follows:
1. Name of applicator;
2. Project name and location;
3. Hourly temperature;
4. Hourly wind velocity and direction;
5. Contractor’s name;
6. Name of chemical used;
7. Application rate, carrier and mixer used;
8. Disposal methods of empty containers; and
9. The spray records shall be kept for at least three years.
J. Chemical Accidents. Take immediate action to contain and prevent further contamination to the environment. Report immediately all chemical spills or accidents to the Department of Natural Resources. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.030.]
11.55.090 Slash disposal.
A. Treatment of slash is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of mechanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations.
B. Disposal Operations. Operations shall be planned and implemented to optimize conditions for regeneration of forest tree species, to maintain productivity of forest land, to protect air and water quality, and to protect fish and wildlife habitat. The proposed method will be disclosed in the forest practices application and will be subject to site-specific review and approval by the Natural Resources Director or his designee. Some of the methods implemented will be as follows:
1. Reduce the volume of debris by implementing well-planned and supervised felling and bucking practices to minimize breakage, increase utilization of wood fiber such as salvaging, prelogging, and relogging when a market exists, and stage cutting where applicable, with successive cuts delayed until slash created by previous operations is reduced.
2. With the approval of the Natural Resources Director, dispose of slash by scattering, piling or windrowing, mechanized chopping, or controlled burning.
3. Dispose of or disperse unstable slash around landings to prevent entry into streams.
4. When treating competing vegetation, plan harvesting practices to break up or destroy such vegetation. If necessary, follow up with applications of chemicals and/or burning.
5. If burning is the means of slash or competitive vegetation treatment, it shall be done in a manner to adequately protect reproduction, residue timber, soil surfaces, riparian areas, and inhabited dwellings. Whenever disposal of slash is to be accomplished by burning, such burning shall be accomplished under such conditions of weather that will ensure adequate maintenance of air quality. A Chehalis Tribe burning permit, issued by the Natural Resources Director, is required for all burning. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.040.]
11.55.100 Reforestation.
A. Prompt reforestation of forestland following harvesting operations is an important factor in ensuring continuous growing and harvesting of forest tree species. The purpose of rules relating to reforestation is: to describe the conditions under which reforestation will be required; to specify the minimum number of trees per acre and the maximum period of time allowed after an operation for establishment of such trees; and to require stabilization of soils that have become exposed as a result of operations.
B. Lands Affected. All forest lands are subject to reforestation requirements.
C. Stocking Level. At least 350 well-distributed seedlings, saplings, or a combination of both shall be established on each acre in which the stocking was reduced by harvesting.
D. Compliance and Time Determination. Compliance with the minimum stocking standards shall be achieved at the end of three growing seasons following harvest operations. Determination of time for establishment of seedlings shall be based on completion of the logging operations and removal of equipment. When smoke management restricts the burning of slash, an extension equal in time to the restriction period will be added to the time of establishment.
E. Acceptable Species. For those lands subject to the reforestation requirement, the Natural Resources Director shall maintain a list of forest tree species acceptable as stocking. The list shall consist of those species normally marketable and native to the site. Permittees/landowners are encouraged to use a species composition mix similar to what was removed from the land, unless the composition of the project was poor and can be improved upon. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.050.]
11.55.110 Rehabilitation.
Rehabilitation of sites containing undesirable species may be accomplished by controlled burning, mechanical clearing or any combination. On mechanical clearing projects, utilize equipment and methods that minimizes soil compaction and movement of top soil. [Res. 2011-021. Prior code § 7.8.2.060.]
11.55.120 Nonreforested lands.
A. One year following harvesting on lands not subject to the reforestation requirement, and on which reforestation is not being planned, adequate vegetation cover shall be established to provide continuing soil productivity and stabilization. Consider the use of native wildlife habitat plants.
B. Best management practices shall be utilized to reduce or eliminate all listed noxious plants within the harvest boundary. [Res. 2011-021. Prior code § 7.8.2.070.]
11.55.130 Roads.
A. A well-located, constructed and maintained system of forest roads is an essential element of responsible forest management. Temporary and permanent roads used for forest practices are regulated through the Natural Resources Department.
B. Road Location. The Natural Resources Director shall ensure that the planned location of a proposed road minimizes the risk of material entering waters. In so doing, he/she shall ensure that the owner:
1. Fits the road to the topography of the area.
2. Avoids locating roads in steep, narrow canyons, slide areas, steep headwalls, slumps, marshes, meadows, riparian management areas, or existing drainage channels.
3. Avoids locating roads on high risk areas.
4. Minimize road density in high risk areas.
5. Cross streams at right angles to the main channel and leave or re-establish areas of vegetation between roads and streams.
C. Stream crossing shall be avoided, and may only be done with the Natural Resources Director’s approval.
D. Road Design. The Natural Resources Director shall ensure each road meets the minimum use standards adapted to the terrain and soil materials, so as to minimize disturbances to existing drainage and damage to water quality. In so doing, he/she shall ensure the land owner:
1. Designates end-hauling where disposal of excess material from high risk sites is indicated.
2. Designs roads no wider than necessary to accommodate the immediate anticipated use.
3. Designs cut and fill slopes to minimize the risk of mass soil movement.
4. Designs culvert installations to prevent erosion of the fill.
5. Designs water crossing structures to provide for adequate fish passage, minimum impact on water quality, and the 50-year frequency storm.
6. Designs roads to drain naturally by outsloping and through grade changes wherever possible. Where outsloping is not feasible, use roadside ditches and culverts.
7. Provides dips, water bars, and cross drainage on all temporary roads.
8. Avoids diverting water from natural drainage ways. Dips, water bars and cross drainage culverts should be placed above stream crossings, so that water may be filtered through vegetative buffers before entering waters of the Tribe.
9. Provides drainage where surface and groundwater cause slope instability.
10. Selects stable areas for disposal of end-haul materials. Avoids overloading areas that may become unstable from additional material loading.
11. Designs roads so that water is not concentrated into high risk sites.
E. Construction. The Natural Resources Director shall ensure that debris, overburden and other materials associated with road construction shall be placed in such a manner as to prevent entry into the waters of the Tribe. In so doing, he/she shall ensure the owner:
1. Deposits end-haul and other excess material in stable locations above the high water level.
2. Clears drainage ways of woody debris generated during road construction and maintenance.
3. Stabilizes exposed material that is potentially unstable or erodible by use of seeding, compacting, riprapping, benching, leaving light slashing, or other suitable means.
4. In the construction of road fills, compacts the material to reduce the entry of water and minimize the settling of fill material.
5. Constructs stream crossings that result in minimum disturbance to banks, existing channels, and riparian management areas. Temporary crossing structures shall be removed promptly after use, and where applicable, approaches to the crossings shall be water barred.
6. Prior approval shall be obtained for machine activity in the stream beds.
7. Installs drainage structures on live streams as soon as feasible. Newly constructed road grades subject to washing before grading should be adequately cross-drained.
8. Retains outslope drainage during construction operations and removes all berms on the outside edge except those intentionally constructed for protection of road grade fills.
9. Keeps soil disturbance to a minimum by constructing roads when soil moisture conditions are favorable.
10. Prevents slash, logs and other large quantities of organic material from being incorporated into road fills and landings.
F. Road Maintenance. The Natural Resources Director shall ensure all active roads plans provide for maintenance of active and inactive roads sufficient to maintain a stable surface, to keep the drainage system operating, to assure adequate fish passage, and to protect water quality. This shall include the following:
1. Clean culvert inlets and outlets, drainage structures and ditches before and during the rainy season to diminish danger of clogging and possible washouts.
2. Ensure adequate fish passage at inlets and outlets for culverts, drainage, structures, and ditches.
3. Restore road surface crown or outslope all roads prior to the rainy season.
4. After discontinuing the active use of a road, maintain the road to the degree of providing appropriate drainage and soil stability.
5. When it is the intention to vacate a road or “put a road to bed,” the road shall be posted “closed” and shall be blocked to prevent continued use by vehicles, and the road shall be left drained and stabilized.
6. Plan applications and apply road oil or other surface stabilizing material in such a manner as to prevent their entry into waters of the Tribe.
7. Maintain and repair active and inactive roads as needed to minimize damage to waters of the Reservation.
8. Place material removed from ditches in a stable location. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.080.]
11.55.140 Harvesting.
A. Harvesting operations are recognized as causing a temporary disturbance to the forest environment. These rules are established as standards for forest practices to maintain the productivity of the forest land, to minimize soil and debris entering waters of the Tribe, and to protect wildlife and fish habitat. When harvesting plans include leaving a residual stand, reserved growing stock should be of desirable species, form, vigor and crown position, which will assure adequate utilization of the site for efficient production of forest products, as determined by the Natural Resources Director.
B. Protection of Leave Trees. On any operation, trees left for future harvest shall be adequately protected from damage resulting from harvest operations. This may be done by locating roads, skid roads and decking operations so as to minimize damage to, or loss of, residual trees.
C. Soil Protection. The Natural Resources Director shall review for each harvesting operation the logging method, size of equipment, and type of equipment best adapted to the given slope, landscape, and soil type. In so doing, he/she shall ensure that the owner:
1. Avoids tractor or wheel skidding on unstable, wet or easily compacted soils.
2. No ground equipment is to be used on slopes which exceed 35 percent.
3. Locates skid trails where sidecasting is kept to a minimum.
4. Uphill cable yarding is recommended. Use a yarding system that will minimize soil disturbance when downhill yarding or when yarding across high risk areas.
5. Landings, Skid and Fire Trail Locations. Landings shall be at minimum size and shall be located on stable areas.
a. Locating of landings in riparian management areas must be avoided.
b. Landings shall be located on firm ground above the high water level of any waters or wetlands.
c. Landings shall not be placed on unstable areas or where excessive excavation is required.
d. Prior approval from the Natural Resources Department Director shall be obtained for skid trails and fire trails within the riparian management area, which should be avoided, except when using temporary crossings.
6. Drainage System. For each landing, skid trail, or fire trail, an adequate drainage system that will control the dispersal of runoff water from exposed soils will be installed by:
a. Maintaining cross-drains, dips, water bars and other diversions to prevent soil from entering waters of the Tribe.
b. Diverting or water barring all tractor or skidder trails before the rainy season.
c. Leaving or placing debris and re-establishing drainage on landings after use to guard against future soil movement.
7. Waste Material Treatment. Operators shall leave or place debris, overburden and other waste material associated with harvesting in such a location as to prevent its entry by erosion, high water, or other means into waters of the Tribe. Operators shall:
a. Fell trees in a manner to minimize breakage.
b. Stabilize potentially unstable or erodible soils by seeding or other suitable means and shall consider using game forage plants.
c. Remove waste from logging operations, such as crankcase oil, filters, grease and oil containers, machine parts, old wire rope, and used tractor tracks immediately, following termination of harvesting operations. Operators shall not place materials in waterways.
8. Protection of Waters. Any operation shall retain a riparian management zone.
a. Special Use Permit. The approval of the Natural Resources Director, in consultation with the fish biologist, shall be obtained for all operations conducted in riparian management zones.
i. Except for snags defined to be a safety hazard or a fire hazard, leave all snags and downed timber in the riparian areas.
ii. Residual trees and plants may be removed from the riparian management area where necessary to improve future wildlife and aquatic habitat, with the approval of the Natural Resources Director. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.2.090.]
11.55.150 Sensitive areas.
An operator shall obtain prior written approval before operating near or within the sensitive areas. [Res. 2011-021. Prior code § 7.8.2.100.]
11.55.160 Business Committee review.
The Natural Resources Director shall meet with the Business Committee each year to review the Forest Practices Ordinance relative to sufficiency. The Business Committee shall receive a summary of the meeting or meetings that result in recommendations for revisions to the Ordinance. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.3.010.]
11.55.170 Application time limits.
A. A properly completed application for a forest practice permit delivered to the Natural Resources Department shall be approved or disapproved within 60 days.
B. A permit that has been disapproved shall include findings made by the Natural Resources Department to support denial of permit.
C. If the Natural Resources Department fails to issue an approval or disapproval within 60 days, the permit is presumed to be disapproved and the decision may be appealed.
D. If seasonal conditions prevent the Natural Resources Department from being able to properly inspect the property to make the necessary findings, the Department shall issue an order providing an additional 60 days to act upon the application. [Res. 2011-021. Prior code § 7.8.4.010.]
11.55.180 Approval or disapproval policy.
A. To be considered, all applications must be complete, accurate, and properly filed at the Natural Resources Department.
B. No permit shall be approved for forest practices taking place within a riparian management zone unless the action is to further a Chehalis Tribal right. Such operations shall comply in all respects with the requirements of this chapter and other applicable Tribal laws.
C. The approval given by the Natural Resources Department to conduct a forest practice shall be limited to the practice identified in the application. The approval shall be effective for a term of one year from the date of notification of approval. [Res. 2011-021. Prior code § 7.8.4.020.]
11.55.190 Enforcement.
A. The Business Committee hereby authorizes the Natural Resources Director to enforce this chapter.
B. The Natural Resources Director, or designee, may enter and inspect any land before, during, and after any forest practices occur for the purpose of ensuring compliance with this chapter.
C. If the Natural Resources Director determines that a violation of this chapter has occurred, then the Director shall notify the operator in writing that a violation has occurred. The notification shall specify the action the operator shall take to prevent further damage, and/or to restore the area to its previous state.
D. The Natural Resources Director may take action such as suspension of operations, and/or levying a fine to recover damages from the operator. The Director shall have the authority to inspect the land to determine if the violations have been corrected to the extent necessary to allow the forest practice to resume.
E. The Business Committee hereby authorizes the Natural Resources Director to carry out the applicable terms of any agreement entered into between the Business Committee and any Federal, State or local law enforcement agencies for the enforcement of forest practices on Tribal lands.
F. The Natural Resources Director may levy fines up to $5,000 for each violation. Each day in which an operator is not in compliance shall be considered a separate violation. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.4.030.]
11.55.200 Right of appeal.
A. An applicant may appeal the Natural Resources Department’s decision regarding issuance of a permit. Appeals must be filed with the Business Committee no later than 10 days after the Department issues its decision. The Business Committee shall either grant or deny an appeal within 30 days of receipt of an appeal of the Department’s decision. If, as a result of a lack of quorum, the Business Committee is unable to make a determination within the required time frame, the time frame shall be extended to a date not more than the fourth Business Committee meeting following the filing of the appeal. The Business Committee shall consider the appeal based upon the record before the Department and the findings made by the Department. The Business Committee may, at its discretion, receive additional written or oral testimony, or remand the application to the Department, and may call for additional oral and/or written comments prior to making a final decision. If the Business Committee elects to receive additional testimony, and/or remand the application, the final decision deadline is extended for an additional 30 days. The Business Committee may extend the time periods set by this title, for good cause, including but not limited to the need to obtain additional information concerning an application. Within 10 days of its decision, the Business Committee shall notify the applicant indicating the decision, the grounds for the decision and the procedure for petitioning for review of an unfavorable decision to the Tribal Court.
B. Appeals of a Business Committee decision, suspension of operation, or a fine imposed by the Natural Resources Director must be filed in Tribal Court within 14 calendar days of the receipt of the Natural Resources Department Director’s decision. The appeal must be filed with supporting reasons for the appeal request. [Res. 2016-17; Res. 2011-021. Prior code § 7.8.4.040.]