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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Construction or exterior alteration of structures;

(2) Dredging;

(3) Drilling;

(4) Dumping;

(5) Filling;

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

(7) Bulkheading;

(8) Driving of piling;

(9) Placing of obstructions;

(10) Subdivision of land;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Lake, pond and stream bank protection;

(2) Major domestic water supplies;

(3) Tribal and/or public recreation;

(4) Fish spawning, rearing or migration;

(5) Wildlife habitat and uses;

(6) Protection of water quality; and

(7) Capital improvements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(6) Visual access shall be maintained, enhanced and preserved on shoreline streets ends, public utilities and right of ways where feasible.

(1) Part A contains requirements which apply to the use or activity in all shoreline designations; and

(2) Part B describes or references additional requirements for the use activity or development within specific shoreline designations.

(1) All agricultural uses are encouraged to prepare farm or range management plans.

(2) Requirements specific to grazing uses:

(3) The creation of new agricultural lands by diking, draining or filling of wetlands is prohibited.

(4) All agricultural development shall conform to all applicable Tribal and federal policies and regulations including but not limited to approved range management plans and water permits. Expansion of existing nonconforming agricultural activities (those that presently exist in areas designated as "natural" and in instances "conservancy") shall be permitted subject to approval of a CUP.

(5) Cooperative arrangements shall be required between farmers and public recreation agencies and the Tribes to allow public use of shorelines where it does not conflict with agricultural operations or tribal management priorities.

(6) Farming and grazing management techniques, operations and control methods shall protect the productivity of the land base by maintaining or improving soil quality and minimizing soil losses through erosion in accordance with applicable Tribal Natural Resources Department guidelines.

(7) Appropriate farm and livestock management techniques shall be utilized to prevent contamination of nearby water bodies and adverse effects on valuable plant, fish and animal life from livestock wastes, fertilizer and pesticide use and application.

(8) Confinement lots, feedlot operations, lot wastes, stockpiles of manure solids and storage of noxious chemicals are prohibited in the shoreline area. Such uses that exist on the date of adoption of this Chapter shall be considered an existing nonconforming use for the purpose of regulation.

(9) A permanent buffer of natural or induced native vegetation shall be established and maintained between areas converted to cultivation or intensive grazing and adjacent waters and marshes, bogs and swamps. The plant composition and width of the buffer shall be based on site conditions, including type of vegetation, soil types, drainage patterns and slope, but shall not be less than twenty-five (25) feet measured from the OHWM on lakes, streams and wetlands. The buffer shall be sufficient to retard surface runoff, prevent siltation and provide adequate riparian habitat.

(10) Streambanks and water bodies shall be protected from damage due to concentration and overgrazing by livestock by providing the following when required by the range permit or lease conditions:

(11) Manure spreading for fertilization shall be kept back a minimum of twenty-five (25) feet from the OHWM, or otherwise conducted in a manner that prevents animal wastes from entering water bodies or wetlands adjacent to water bodies. The setback may be increased depending on the topography and geology of the site if required by the Tribal Environmental Trust Department in order to provide further protection of water quality.

(12) The disposal of inorganic farm wastes, chemicals, fertilizers and associated containers and equipment within shorelines is prohibited, except organic wastes may be used for fertilization or soil improvement. The disposal of solid waste, including junk vehicles and equipment, dead animals, debris and brush, is also prohibited within the shoreline area.

(13) The application of agricultural chemicals shall prevent the direct runoff of chemical laden waters into water bodies. Adequate provisions, including imposition of setbacks from the OHWM shall be made to minimize their entry into any body of water.

(1) Natural and Conservancy Designations:

(B) If results of monitoring water quality impacts from Best Management Practices (BMP's) are not adequate, setbacks may be increased.

(1) All boating facilities shall be located and designed to minimize adverse effects upon riparian vegetation, fish and wildlife habitat and historic/cultural resources as well as scarce and valuable shore features including accretion shoreforms and wetlands.

(2) All boating facilities shall be located and designed so their structures, other features and operations will be aesthetically compatible with or will enhance the area visually affected, and will not unreasonably impair shoreline views of local residents and user groups.

(3) Public boating facilities shall be designed to accommodate public access and enjoyment of the shoreline location, including provisions for walkways, view points, restroom facilities and other recreational uses according to the scale of the facility.

(4) Boating facility development shall comply with all applicable tribal policies and regulations.

(5) The Tribes shall require and utilize the following information in its review of boating facility proposals:

(6) Accessory uses at boating facilities or public launch ramps shall be limited to those which are necessary for facility operation or which provide physical or visual shoreline access. Accessory uses shall be consistent in scale and intensity with the facility and surrounding uses.

(7) Boat launch ramps shall locate in areas that require minimal shoreline modification.

(8) Boating facilities shall not be located in wetlands.

(9) Boat launch sites on rivers shall be located, designed and constructed so as to not adversely affect flood channel capacity or otherwise create a flood hazard.

(10) Landscape plans shall enhance views from upland areas.

(11) The perimeter of parking, dry moorage and other storage areas shall be landscaped to provide a visual and noise buffer between adjoining similar uses or scenic areas. The permit application shall identify the size, type and location of landscaping.

(12) Garbage or litter receptacles shall be provided and maintained by the boating facility operator at several locations convenient to users.

(13) Marinas and boat launch ramps shall have adequate restroom facilities operated and maintained in compliance with Tribal health regulations.

(14) All existing permitted boating facilities shall be reviewed for their compliance with the regulations contained in this program.

(15) All existing boat launch ramps and docks constructed without the appropriate approval from the Tribes shall be removed on or before January 1, 2003.

(16) Boating facilities shall comply with the shoreline designation specific requirements set forth in the "Use and Activity Chart" and the "Setback, Height, and Dimensional Requirements Chart."

(1) All new commercial use activities and developments should be located in upland areas where possible. Commercial developments shall be prohibited over water, except for approved boating facilities.

(2) New commercial development in shorelines shall be located in those areas with existing commercial uses or designated for future development in the Tribes Comprehensive Plan. All such uses and development shall be planned and constructed in a manner that will minimize sprawl and the inefficient use of shoreline areas.

(3) In order to minimize adverse impacts, an assessment shall be made of and consideration given to, the effect new commercial development will have on a scenic view. Structures shall not significantly impact views from upland properties, public roadways or from the water.

(4) Parking facilities shall be located so as to minimize their impact on the shoreline by placing such facilities inland away from the waters edge and recreational beaches, by screening parking areas to minimize visual impacts and by including in such developments devices to control surface water runoff, erosion, and pollution of nearby water bodies.

(5) Commercial development shall ensure that it is aesthetically compatible with the surrounding area and protects natural areas or systems identified as having geological, ecological, biological or cultural significance.

(6) Commercial development shall be prohibited within the floodway.

(7) Commercial developments permitted on the shoreline, in descending order of preference are:

(8) The Tribes shall require and utilize the following information in its review of commercial development proposals:

(9) Commercial development shall be designed and maintained in an environmentally sound manner. To this end, the Administrator may adjust the project dimensions and increase required setbacks established in the "Setback, Height, and Dimensional Requirements Chart" and/or prescribe reasonable use intensity and screening as deemed appropriate. Need and special considerations for landscaping and buffer areas shall also be subject to review and approval.

(10) Drainage and surface runoff from commercial areas shall be controlled so that pollutants will not be carried into water bodies.

(11) Commercial use activities and developments are permitted to continue existing operations providing such operations are in compliance with all applicable Tribal and federal laws and regulations other than this management plan. However, as leases are renewed, redevelopment plans approved, existing structures converted to commercial use or other conditions exist that result in a change of practice, any continued use must done in compliance with this management program.

(1) Natural and Conservancy Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be prohibited. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns is prohibited.

(2) Rural Agricultural and Recreational Residential Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns shall be limited to a twenty-five (25) foot area immediately adjoining the structure containing the commercial use.

(3) Medium Intensity and High Intensity Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation.

(1) All new industrial uses proposed for location in shoreline area shall be water-dependent and/or water-related.

(2) Cooperative use of common industrial facilities is encouraged in shoreline areas.

(3) New or expanded industrial development along shorelines shall be designed, constructed, and maintained to minimize adverse visual and environmental impacts. New development shall be located adjacent to existing or planned industrial development.

(4) Public access along shoreline industrial areas is encouraged when it does not endanger public health, safety, or welfare.

(5) Storage and/or disposal of industrial wastes are prohibited in shoreline areas.

(6) All new or expanded industrial development shall be set back and buffered from adjacent shoreline properties which are in nonindustrial use (see setbacks contained in the Setback, Height, and Dimensional Requirements Chart). Buffers shall be landscaped and maintained so as to provide a transitional area and to protect shorelines and adjacent properties from visual or noise intrusion, minimize erosion and protect water quality. Buffer areas shall not be used for storage of industrial equipment or materials, nor for waste disposal, but may be used for outdoor recreation activity.

(7) Display and other exterior lighting shall be designed and operated to minimize glare, avoid illuminating nearby properties and prevent hazards for public traffic.

(8) Accessory development which does not require a shoreline location should be sited in upland areas away from the shoreline. Such development includes parking, warehousing, open air storage, waste storage and treatment, utilities and land transportation development unless permitted as a conditional use.

(9) Proposals for new industrial shoreline development shall demonstrate the need for expansion into an undeveloped area.

(10) The developer must demonstrate that adequate consideration has been given to and plans made to mitigate negative environmental impacts including but not limited to air, water and noise pollution and the loss of fish and wildlife habitat.

(11) Industrial use activities and developments are permitted to continue existing operations providing such operations are in compliance with all applicable Tribal and federal laws and regulations other than this management plan. However, as leases are renewed, redevelopment plans approved, existing structures converted to industrial use or other conditions exist that result in a change of practice, any continued use must done in compliance with this management program.

(1) Natural and Conservancy Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be prohibited. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns is prohibited.

(2) Rural Agricultural and Recreational Residential Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns shall be limited to a twenty-five (25) foot area immediately adjoining the structure containing the commercial use.

(3) Medium Intensity and High Intensity Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation.

(1) Earth fills on the shoreline shall be designed and located so that there will be no significant damage to existing ecological systems or natural and cultural resources, and no alteration of local currents, surface water drainage or flood waters which would result in a hazard to adjacent life, property, and natural resource systems.

(2) In evaluating fill projects, such factors as total water surface reduction, navigation restriction, impediment to water flow and circulation, reduction of water quality, and destruction of habitat shall be considered. Further, the Tribes should assess the overall value of the earth fill site in its present state versus the proposed shoreline use to be created.

(3) The perimeter of earth fills shall be designed to avoid or eliminate erosion and sedimentation impacts, both during initial earth fill activities and over time.

(4) Applications for earth fill permits shall include the following:

(5) Earth fill shall be permitted only when in conjunction with and necessary to facilitate use permitted (or exempt) by this shoreline plan.

(6) Earth fills are not permitted in floodplains unless it can be clearly demonstrated that the geohydraulic and floodplain storage capacity will not be altered to increase flood hazard or other damage to life or property.

(7) Perimeters of permitted fill projects shall be designed and constructed with silt curtains, vegetation, retaining walls, or other mechanisms and appropriately sloped to prevent erosion and sedimentation both during initial earth fill activities and afterwards.

(8) Fill materials shall be of such quality that they will not cause degradation of water quality.

(9) Sanitary landfills and solid waste disposal sites are prohibited within shoreline areas.

(10) Earth fill shall be permitted only where it is demonstrated that the proposed action will not:

(11) Where earth fill is permitted, the fill shall be the minimum necessary to provide for the proposed use.

(1) Natural Designation: Earth fills are prohibited.

(2) Conservancy Environment: Earth fills waterward of the OHWM or in wetlands are prohibited, except for water dependent and public uses, PROVIDED no upland or structural alternatives exist. Earth fills landward of the OHWM are permitted subject to approval of a conditional use permit PROVIDED the toe of the fill is setback a minimum of 50 feet from the OHWM, and FURTHER PROVIDED that the shoreline and all native vegetation is left undisturbed waterward of the fill.

(3) Rural Agricultural Designation: Earth fills are permitted, subject to the regulations contained herein, PROVIDED the toe of the fill is setback a minimum of 50 feet from the OHWM , and FURTHER PROVIDED that the shoreline and all native vegetation is left undisturbed waterward of the fill.

(1) Sensitive shoreline areas which have good potential for recreation or public access should be acquired by lease, donation, conservation easement or purchase.

(2) The use of shoreline street ends for access and recreational development shall be considered when appropriate.

(3) The coordination of tribal, local, state, and federal recreation planning should be encouraged. Shoreline developments shall be consistent with all adopted tribal park, land use, recreation, and open space plans. Public agencies, private individuals, groups, and developers shall coordinate development projects with the Tribes to mutually satisfy recreational needs.

(4) All proposed recreational developments shall be designed, located and operated to protect the quality of scenic views and to minimize adverse impacts on the environment. Favorable consideration should be given to those projects which complement their environment and surrounding land and water uses and which leave natural areas undisturbed.

(5) Recreational facilities shall make adequate provisions for:

(6) Facilities for recreational activities shall be permitted only where sewage disposal and garbage disposal can be accomplished without adversely affecting the shoreline resource .

(7) Linkage of shoreline parks, recreation areas and public access points by linear systems, such as hiking paths, bicycle paths, easements and scenic drives shall be considered where appropriate.

(8) Trails and pathways in shoreline areas shall be designed to protect bank stability.

(9) The development of small, dispersed recreation areas shall be encouraged so as to avoid undue use pressures at a few points along the shoreline.

(10) All proposed recreational developments shall be analyzed for their potential effect on shoreline environmental quality, natural resources and historical/cultural resources.

(11) Recreational developments shall comply at all times with the current Tribal, local and State Health regulations and such compliance made a condition of the permit.

(12) Favorable consideration shall be given to developments that provide public recreational uses and which facilitate public access to shorelines.

(13) Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines, roadways and adjacent properties.

(14) Recreational developments shall provide facilities for non-motorized access, such as pedestrian or bicycle paths to link upland recreation areas to the shoreline.

(15) All permanent recreational structures and facilities shall be located outside of known floodways EXCEPT the Tribes may grant exceptions for nonintensive accessory uses (e.g., picnic tables, etc.). RV Hookups, developed camping sites and similar facilities shall not be located in known floodways.

(16) Accessory facilities, such as restrooms, recreation halls, commercial services, access roads and parking areas shall be located outside of the floodway unless it can be shown that such facilities are shoreline dependent. These areas shall be linked to the shoreline by walkways.

(17) For recreation developments that will require the use of fertilizers, pesticides or other toxic chemicals, such as golf courses and play-fields, the applicant shall submit plans demonstrating the methods to be used to prevent leachate from entering adjacent water bodies. Buffer strips shall be included in the plan. The Tribes shall determine the maximum width necessary for buffer strips, but in no case shall the buffer strip be less than 25 feet.

(18) In approving shoreline recreational developments, the Tribes shall ensure that the development will maintain, enhance or restore desirable shoreline features including fragile areas, wetlands, scenic views, public access, cultural resources and aesthetic values. To this end, the Tribes may condition project dimensions, location of project components on the site, intensity of use, screening, parking requirements and setbacks, as deemed appropriate to accomplish this.

(19) No recreation building or structure, except piers, docks, or bridges shall be built over the water.

(20) Signs indicating the public's right of access to shoreline areas shall be installed and maintained by the developer in conspicuous locations at the point of access except in identified environmentally sensitive areas.

(21) Proposals for recreational developments shall include a landscape plan. Native, self-sustaining vegetation is preferred. The removal of on-site native vegetation shall be limited to the minimum necessary for the development of campsites, selected views or other permitted structures or facilities.

(22) Recreational use activities and developments are permitted to continue existing operations providing such operations are in compliance with all applicable tribal and federal laws and regulations other than this management plan. However, as leases are renewed, redevelopment plans approved, existing structures converted to industrial use or other conditions exist that result in a change of practice, any continued use must done in compliance with this management program.

(1) Natural and Conservancy Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be prohibited. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns is prohibited.

(2) Rural Agricultural and Recreational Residential Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation. Replacement of shoreline vegetation with lawns shall be limited to a twenty-five (25) foot area immediately adjoining the structure containing the commercial use.

(3) Medium Intensity and High Intensity Designations: The removal of native and other existing vegetation (except for noxious weeds) in setback areas shall be limited to selective pruning of trees for view purposes and selective noxious weed control where care is taken not to damage other existing vegetation. Whenever possible, noxious weed control should be accomplished by hand pulling in order to protect existing beneficial vegetation.

(1) Residential development shall be permitted only where there are adequate provisions for utilities, circulation and access.

(2) Residential development shall be prohibited in environmentally and culturally sensitive areas including but not limited to wetlands, riparian areas, floodways and other hazardous areas such as steep slopes and areas with unstable soils or geologic conditions.

(3) The overall density of development, lot coverage and height of structures shall be appropriate to the physical capabilities of the site and in compliance with Tribal Comprehensive Plan and zoning regulations.

(4) Recognizing the single purpose, irreversible and space consumptive nature of shoreline residential development, new development shall provide adequate setbacks from the water and ample open space between structures to provide space for outdoor recreation, protect natural features and cultural resources, preserve views and minimize use conflicts.

(5) Residential development shall be designed to protect, preserve, enhance and/or restore desirable shoreline vegetation, control erosion and protect water quality, shoreline aesthetic characteristics, and public use of the water.

(6) Residential developments shall provide access to the water in a manner that is appropriate to the site and the nature and size of the development. Subdivisions and planned unit developments of three (3) or more waterfront lots, building sites or residential units may be required to improve, dedicate, and provide maintenance provisions for a pedestrian easement which provides area sufficient to ensure usable access to and/or along the shoreline. When required, such access easements shall be a minimum of ten (10) feet in width.

(7) Residential development and accessory uses shall be prohibited over water.

(8) New residential development shall be encouraged to cluster dwelling units and utilize other innovative techniques in order to preserve natural features and wetlands, protect cultural resources and minimize physical impacts.

(9) Sewage disposal facilities, as well as water supply facilities, shall be provided in accordance with appropriate Tribal and local health regulations.

(10) New residential development shall not be approved for which flood control, shoreline protection measures or bulkheading will be required to create residential lots or site area. Residential development shall be located and designed to avoid the need for structural shore defense and protection works.

(11) All residential structures, accessory uses and facilities shall be arranged and designed to preserve views and vistas to and from shorelines and water bodies.

(12) Prior to issuance of a building permit, shoreline development permit or other development approval, the developer shall submit adequate plans for preservation of preferred shore vegetation, for control of erosion during and after construction and for the replanting of the site after construction resulting in permanent shoreline stabilization.

(13) Storm drainage facilities shall be required for residential development projects involving three (3) or more lots, building sites or residential units. Storm drainage facilities shall be separate from sewage disposal transport facilities and include provisions to prevent uncontrolled and untreated direct entry of surface water runoff into receiving waters. Storm drainage facilities may include, but not be limited to retention ponds, vegetated swales, and artificial and natural wetlands; PROVIDED that no adverse impacts to the receiving wetlands would occur.

(14) Residential development in shoreline areas shall meet the dimensional requirements established in the Setback, Height, and Dimensional Requirements Chart, except as provided in Code subpart 4-15-26(a)(15) below.

(15) The residential setbacks in the Setback, Height, and Dimensional Requirements Chart shall not apply in cases where the majority of existing development in the area does not meet these established setback standards. In such cases residential structures shall be setback common to the average of setbacks for existing dwelling units within three hundred (300) feet of side property lines or a minimum of fifty (50) feet, whichever is greater. If there is only one or no dwelling units within three hundred (300) feet of side property lines, the shoreline setback requirements of the Setback, Height, and Dimensional Requirements Chart shall apply. Setback relaxation allowed in this sub-section is subject to approval by the Administrator. Any further deviation from setback requirements, beyond that allowed in this sub-section shall require approval of a shoreline variance permit.

(16) Residential use activities and developments are permitted to continue existing operations providing such operations are in compliance with all applicable tribal and federal laws and regulations other than this management plan. However, as leases are renewed, redevelopment plans approved, existing structures converted to other permitted uses or other conditions exist that result in a change of practice, any continued use must be in compliance with this management program.

(1) High Intensity and Medium Intensity Designations:

(2) Rural Agricultural and Recreational Residential Designations:

(3) Conservancy Designation:

(4) Natural Designation:

(1) Shoreline stabilization and flood protection activities planning shall be undertaken in a coordinated manner among affected property owners, the Tribes and local government and should consider entire systems or sizeable stretches of riverine shorelines. This activity shall consider the off-site erosion, accretion or flood damage that may occur as a result of stabilization or protection structures.

(2) All new development shall be located and designed to prevent or minimize the need for shoreline stabilization measures and flood protection works. New development requiring shoreline stabilization shall be prohibited.

(3) Shoreline stabilization and flood protection works shall be located, designed, constructed and maintained to provide:

(4) Bank stabilization measures shall be located, designed and constructed primarily to prevent damage to existing development.

(5) Stabilization and protection works which are more natural in appearance, more compatible with on-going shore processes and more flexible for long term streamway management such as protective berms or vegetative stabilization shall be required over structural means such as concrete revetments or extensive riprap.

(6) Structural solutions to reduce shoreline damage shall be allowed only after it is demonstrated, using examples of actual projects and engineering reports, that nonstructural solutions would not be able to reduce the damage.

(7) Use of car bodies, indiscriminate dumping of wood/tree waste, old tires, scrap building material, asphalt from street work, or any discarded equipment or appliances for shoreline stabilization shall be prohibited.

(8) Substantial stream channel direction modification realignment and straightening shall be prohibited unless required to implement the Tribes' Integrated Resource Management Plan or the Tribal Comprehensive Plan.

(9) The design of stabilization or protection works shall provide for the long term multiple use of streamway resources and public access to public shorelines. In the design of works financed or subsidized by the Tribes, consideration shall be given to providing public pedestrian access to shorelines for low-intensity outdoor recreation.

(10) Natural features such as snags, stumps or uprooted trees which support fish and other aquatic systems, and which do not intrude on the navigational channel or threaten agricultural land and existing structures and facilities, shall be left undisturbed or evaluated for potential threats prior to removal.

(11) All flood protection measures shall be placed landward of the floodway boundary, including associated marshes bogs and swamps which are directly interrelated and interdependent with the stream proper.

(12) All applicable tribal permits shall be obtained and complied with in the construction and operation of shoreline stabilization and flood protection works.

(13) The Tribes shall require and utilize the following information during its review of shoreline stabilization and flood protection proposals:

(14) Shoreline stabilization and flood protection measures shall not be designed and constructed in such a manner as to result in channelization of normal stream flows.

(15) Upon project completion, all disturbed shoreline areas shall be restored to as near preproject configuration as possible and seeded and/or planted with native grasses, shrubs, and/or trees in keeping with existing bank vegetation. If native species cannot be obtained, acceptable substitutes may be used for stabilization purposes.

(16) Shoreline stabilization and flood protection works are prohibited in wetlands and on point and channel bars.

(17) Shoreline stabilization and flood protection works are prohibited in salmon and trout spawning areas except for fish or wildlife habitat enhancement.

(18) Dikes and levees shall be limited in size to that height required to protect adjacent lands from the predicted 100-year flood.

(19) The Tribes shall require dedication and improvement of linear shoreline access along new dikes when it determines such access to be in the Tribes interest.

(20) Shoreline stabilization or flood control works shall, to the extent possible, be planned, designed and constructed to allow for channel migration. These works shall not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains.

(21) Shoreline stabilization and flood protection shall comply with the environment specific requirements set forth in the "Use and Activity Chart" and the "Setback, Height, Dimensional Requirements Chart."

(1) Shorelines shall not be used for any sanitary landfill operations or the disposal of solid wastes.

(3) Solid waste disposal activities shall comply with the environment specific requirements set forth in the "Use and Activity Chart" and the "Setback, Height, Dimensional Requirements Chart."

(4) Solid waste disposal is prohibited in all shoreline environments. Temporary storage in litter and refuse containers is permitted in the shoreline area if maintained in sanitary condition in compliance with all Tribal and federal health requirements.

(1) All transportation facilities in shoreline areas shall be consistent with the Tribes' Integrated Resource Management Plan and Tribal Comprehensive Plan. They shall be located, designed, constructed and maintained to cause the least possible adverse impact on the land and water environment, and should respect the natural character of the shoreline and make every effort to preserve wildlife, aquatic life and associated plant communities, their habitats, and wetland areas.

(2) Major highways and railways shall be located away from shoreline areas.

(3) Road locations shall be planned to fit the topographical characteristics of the shoreline such that minimum alterations of natural conditions will be necessary. New transportation facilities shall also be located and designed to minimize the need for shoreline protection measures. The number of waterway crossings shall be minimized to the maximum extent possible.

(4) Trail and bicycle systems that are sensitive to the shoreline environment should be encouraged along shorelines providing they do not harm the natural, ecological and cultural resources of the shorelines.

(5) Transportation facilities shall avoid hazardous shoreline areas (i.e. slide and slump areas, poor foundation soils, and wetlands).

(6) Joint use of transportation corridors within shoreline areas for roads, utilities and non-motorized forms of transportation shall be encouraged.

(7) Location of roads and railroads shall not require the rerouting of river channels.

(8) Roads and railroads shall be designed, constructed and maintained to minimize erosion and to permit natural movement of ground water and flood waters to the maximum extent practical.

(9) Proposals for shoreline transportation facilities shall adequately demonstrate the following:

(10) Culvert installations and replacements in rivers used by anadromous fish shall meet the requirements of the Tribes' Fish and Wildlife Department.

(11) All excess construction materials shall be removed from the shoreline area following completion of construction.

(12) All excavation materials and soils exposed to erosion by all phases of road, bridge and culvert work shall be stabilized and protected by seeding, mulching or other effective means, both during and after construction.

(13) Where permitted to parallel shorelines, roads or railroads shall be set back a sufficient distance from the ordinary high water mark to leave a usable shoreline area for shoreline recreation, access or natural riparian zone.

(14) Earth fills for transportation facility development are not permitted in water bodies or on associated wetlands except when all structural or alternatives have been proven infeasible, the transportation facilities are necessary to support uses consistent with this program and appropriate mitigation provides for identified adverse impacts.

(15) Roads and railroads shall cross shoreline areas and water bodies by the shortest, most direct route feasible, unless such route would cause more damage to the environment.

(16) Transportation facilities that are allowed to cross over water bodies and associated wetlands shall utilize elevated, open pile or pier structures whenever feasible.

(17) Roads and railroads shall be located to minimize the need for routing surface waters into and through culverts.

(18) New bridge construction shall conform to the following:

(19) Bridge replacements shall conform with the following:

(20) Foot or vehicular bridges crossing rivers for the private use of individual land owners shall be evaluated for need and design. They shall meet the same standards for water quality protection and erosion control as all other bridges.

(21) Private road construction and maintenance shall conform to the following standards:

(1) Aquaculture activities should be given flexibility to experiment with new aquaculture techniques. Consideration shall be given to both the possible positive impacts and the possible detrimental impacts aquaculture development might have on the physical environment, on other existing and approved land and water uses, including navigation, tribal "usual and accustomed fishing grounds", public access and on the aesthetic qualities of the project area.

(2) Aquaculture shall be prohibited in the following areas:

(3) Preference shall be given to those forms of aquaculture that involve lesser environmental and visual impacts. In general, projects that require no structures or submerged structures shall be given preference over those that involve substantial floating structures. Projects that require few land-based facilities shall be given preference over those that require extensive facilities. Projects that involve little or no substrate modification shall be given preference over those that involve substantial modification.

(4) In instances where a choice of aquacultural methods are available, or where two or more incompatible aquacultural projects are proposed in the same area, the relative environmental impacts of each method or proposal should be considered. In general, preference shall be given to methods listed in sub-subpart (A), below, over those listed in sub-subpart (B) below:

(5) The density of net-pen and raft culture operations shall be limited as necessary to minimize cumulative environmental impacts.

(6) Experimental aquaculture projects shall be limited in scale and shall only be approved for a limited (specified) period of time.

(7) Applicants shall include in their application all information needed to conduct thorough evaluations of their aquaculture proposals, including but not limited to the following:

(8) The location of floating and submerged aquaculture structures shall not unduly restrict navigation to or along the shoreline or interfere with general navigation lanes and traffic or "usual and accustomed fishing locations." Floating structures shall remain shoreward of principal navigation channels. Other restrictions on the scale of aquaculture activities in order to protect navigational access may be necessary based on the size and shape of the affected water body.

(9) No aquatic organism shall be introduced into the waters of the Reservation without prior written approval of the Tribal Fish and Wildlife Department or the appropriate regulatory agency for the specific organism proposed for introduction. The required approval shall be submitted in writing to the Tribal Business Council prior to the introduction or the granting of the permit, whichever comes first.

Unless otherwise provided in the shoreline permit issued by the Tribes, the repeated introduction of an approved organism in the same location shall require approval by the Tribes only at the time the permit is issued. Introduction for purposes of this section shall mean the placing of any aquatic organism in any area within the waters of the Reservation regardless of whether it is a native or resident organism and regardless of whether it is being transferred from within or without the waters of the Tribes.

(10) Aquacultural structures and activities that are not water-dependent (e.g., warehouses for storage of products, parking lots) shall be located inland of the OHWM, upland of water dependent portions of the project and shall minimize detrimental impacts to the shoreline. Such uses are subject to the General Regulations contained herein.

(11) Aquacultural structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and equipment shall be removed or repaired promptly by the owner. Where any structure might constitute a potential hazard to the public in the future, the Tribes shall require the posting of a bond commensurate with the cost of removal or repair. The Tribes may abate an abandoned or unsafe structure, following notice to the owner, if the owner fails to respond in thirty (30) days and may impose a lien on the related shoreline property or other assets in an amount equal to the cost of the abatement. Bonding requirements shall not duplicate requirements of other agencies.

(12) Legally established aquacultural enterprises, including authorized experimental projects, shall be protected from incompatible uses that may seek to locate nearby. Demonstration of a high probability that such an adjacent use would result in damage to, or destruction of, such an aquacultural enterprise shall be grounds for the denial of that use.

(13) Operational monitoring may be required if and to the extent that it is necessary to determine, ensure or confirm compliance with predicted or required performance. Such monitoring requirements shall be established as a condition of the permit and shall be conducted at the applicant's and/or operator's expense.

(14) No processing of any aquacultural product, except for the sorting, culling, or bleeding of the cultured organisms and the washing or removal of surface materials or organisms, shall occur in or over the water after harvest, unless specifically approved by permit. All other processing and processing facilities shall be located on land and, in addition to these provisions shall be governed by the policies and regulations of other applicable sections of this management program, in particular provisions addressing commercial and industrial uses.

(15) Aquacultural wastes shall be disposed of in a manner that will ensure compliance with all applicable governmental waste disposal standards. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation.

(16) Aquacultural uses and facilities shall be located at least 600 feet from any wildlife refuge lands and/or habitats of special significance for birds or mammals (as identified by the Tribal Fish and Wildlife Department); provided that fish net-pens and projects involving substantial substrate modification shall be located 1,500 feet or more from such areas; provided further that lesser distances may be authorized by permit other than a variance if it is demonstrated by the applicant that the wildlife resource will be protected and if the change is supported by reviewing resource agencies. Greater distances also may be required if supported by the reviewing tribal agencies.

(17) Hatchery and other aquaculture operations shall be required to maintain a minimum 50-foot wide vegetated buffer zone along the affected streamway, PROVIDED that clearing of vegetation shall be permitted for essential water access points.

(18) Onshore support structures shall meet the height and setback standards established (see Setback, Height, and Dimensional Requirements Chart) except that reduced setbacks may be permitted where necessary for the operation of hatcheries and rearing ponds.

(19) Predator control shall not involve the killing or abusive harassment of birds or mammals. Approved controls include but are not limited to overhead netting for birds and 3-foot high fencing or netting for otters. The use of other nonlethal, nonabusive predator control measures shall be contingent upon receipt of written approval from the Tribes, the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required.

(20) Permit applications shall identify all pesticides, herbicides, antibiotics, vaccines, growth stimulants, anti-fouling agents or other chemicals and their inert ingredients that the applicant anticipates using. No such materials shall be used until approval is obtained from all appropriate state and federal agencies, including but not limited to the Tribal Health Department, U.S. Food and Drug Administration, the Environmental Trust and Fish and Wildlife Departments, as required, and proof therefore is submitted to the Tribes. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing or hand washing, rather than chemical treatment and application.

(21) For aquacultural projects using over-water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than 3 feet in height, as measured from the surface of the raft or dock; provided that in locations where the visual impact of the proposed aquaculture structures will be minimal, the Tribes based upon written findings and without requiring a variance may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant. Materials which are not necessary for the immediate and regular operation of the facility shall not be stored seaward of the ordinary high water mark.

(22) Fish net-pens shall meet, as a minimum, tribal-approved administrative guidelines for the management of net-pen cultures; where any conflict in requirements arises, the more stringent requirement shall prevail.

(23) Net-pens that occupy more than 2 surface acres of water area, excluding booming and anchoring requirements shall only be permitted on the Columbia River.

(24) Aquacultural proposals that include net pens or rafts shall not be located closer than one nautical mile to any other aquacultural facility that includes net pens or rafts, provided that a lesser distance may be authorized by the Tribes if the applicant can demonstrate to the Tribes' satisfaction that the navigational, environmental and aesthetic concerns expressed in this management program will be protected. If a lesser distance is requested, the burden of proof shall be on the applicant to demonstrate that the cumulative impacts of the existing and proposed operations would not be contrary to the policies and regulations of this management program.

(25) Aquacultural developments approved on an experimental basis shall not exceed 2 acres in area (except anchorage floating systems) and five years in duration; provided that the Tribes may issue a new permit to continue an experimental project as many times as is deemed necessary and appropriate.

(26) Where necessary to preserve the integrity of any research data collected, aquaculture developments which would be likely to jeopardize an experimental aquaculture development shall not be allowed within the same bay or cove with any such aquaculture development (or within 1 mile of such a development if the water body is larger than 1 square mile in area) until after the experimental project is granted nonexperimental status or terminated.

(27) For floating culture facilities the Tribes shall reserve the right to require a visual impact analysis consisting of information comparable to that found in the Washington State Department of Ecology's "Aquacultural Siting Study" 1986. Such analysis may be prepared by the applicant, without professional assistance, provided that it is competently prepared.

(28) All aquaculture facilities and accessory uses must conform to the General Use Code sections and pertinent Use Activity Restrictions and conditions, including setback, height, and open space standards, stated in this Code Chapter.

(29) When a development site encompasses environmentally sensitive areas, these features shall be left intact and maintained as open space or buffers. All development shall be set back from these areas to prevent hazardous conditions and property damage, as well as to protect valuable shore features.

(1) Overall administrative responsibility for the Shoreline Management Plan and the Shoreline Use and Development Code Chapter.

(2) Authority to approve, approve with conditions or deny Shoreline Development Permits, blanket or programmatic permits and permit revisions in accordance with the goals and policies of the Shoreline Management Plan and the Code Chapter.

(3) Authority to grant statements of exemption from Shoreline Development Permits.

(4) Establishing the procedures and preparing forms deemed essential for the administration of this Code Chapter.

(5) Advising interested tribal members, others and applicants of the goals, policies, regulations, and procedures related to the protection of the Tribes' shoreline resources.

(6) Making administrative decisions and interpretations of the goals and policies Shoreline Management Plan and this Code Chapter.

(7) Collecting applicable fees.

(8) Determining that all applications and necessary information and materials are provided.

(9) Making field inspections, as necessary.

(10) Reviewing, insofar as possible, all provided and related information deemed necessary for appropriate application needs.

(11) Determining if a Shoreline Development Permit, Conditional Use Permit or Variance Permit is required.

(12) Conducting a thorough review and analysis of Shoreline Development Permit applications making written findings and conclusions and approving, approving with conditions, or denying such permits.

(13) Submitting Variance and Conditional Use Permit Applications and making written recommendations and findings on such permits to the Land Use Review Board for their consideration and official action. The Administrator shall assure that all relevant information and testimony regarding the application is made available to the Board during their review.

(14) Assuring that proper notice is given to appropriate persons and the public for all hearings.

(15) Providing technical and administrative assistance to the Tribal Business Council and Land Use Review Board as required for effective and equitable implementation of the Shoreline Management Plan and this Chapter.

(16) Provide summary report of the shoreline management permits issued during the past calendar year to the Tribal Business Council and Land Use Review Board in February of each year. The report should include findings and conclusions on significant administrative determinations and appeals, identification of problem areas and recommendations on how the protection of shoreline resources can be improved.

(17) Investigate, develop and propose amendments to the Shoreline Management Plan and this Chapter as deemed necessary to more effectively and equitably protect the Tribes' shoreline resources.

(18) Seeking remedies for alleged violations of this Chapter, the provisions of the Shoreline Management Plan, or of conditions of any approved Shoreline Permit.

(19) Coordination of information, permitting, enforcement and appeals with affected agencies.

(a) Approve, approve with conditions, or deny shoreline Variance and Conditional Use Permits after considering the findings and recommendations of the Administrator; PROVIDED that any decisions on these matters may be appealed to the Colville Tribal Court as provided in Chapter 4-3-256 of the Tribal Code.

(b) Decide local administrative appeals of the Administrator's actions and interpretations.

(c) Consideration of Variances, Conditional Uses, and administrative appeals of the Administrator's actions on regular meeting days or public hearings.

(d) Review of the findings and conclusions for permit applications or appeals of the Administrator's actions and interpretations.

(e) Approve, approve with conditions, or deny shoreline Variance and Conditional Use permits.

(f) Conduct public hearings on appeals of the Administrator's actions, interpretations and decisions.

(g) Base all decisions on shoreline permits or administrative appeals on the criteria established in this Chapter.

(h) At the discretion of the Board, requiring any applicant granted a shoreline permit to post a bond or other acceptable security with the Tribes conditioned to assure that the applicant and/or his successors in interest shall adhere to the approved plans and all conditions attached to the shoreline permit. Such bonds or securities shall have a face value of at least 150 percent (150%) of the estimated development cost including attached conditions. Such bonds or securities shall be approved as to form by the Reservation Attorney.

(1) Site Plan-drawn to scale and including:

(2) Vicinity Map-that includes the following:

(3) List of Adjacent Land Owners: Provide names and addresses of all real property owners within 300 feet of property where development is proposed.

(1) The goals, policies and requirements of the Shoreline Management Plan and this Code Chapter as amended;

(2) Other applicable tribal land use and environmental protection regulations.

(1) The proposal involves a Variance;

(2) The proposal involves a Conditional Use;

(3) The Administrator makes a finding, based on information contained in the completed application, that the proposed development has the potential to significantly adversely affect the environment, or significantly adversely affect wildlife, natural or cultural resources;

(4) The proposal involved an appeal of the Administrator's decision on a Shoreline Development Permit or Exemption;

(5) The Board shall review applications, hold hearings and make decisions for Conditional Use Permits, Variances and appeals of Shoreline Development Permits and Exemption decisions based upon the record presented which may include the following types of information:

(6) The decisions of the Board shall be the final decision of the Tribes on all applications and the Board shall render a written decision including findings, conclusions, and a final order, and transmit copies of the decision within five (5) days of the Board's final decision to the following:

(1) Time Limit for Substantial Progress: Construction, or substantial progress toward completion, must begin within two years after approval of the permits.

(2) Extension for Substantial Progress: The Tribes may at its discretion extend the two-year time period for the substantial progress for a reasonable time up to one year based on factors, including the inability to expeditiously obtain other governmental permits which are required prior to the commencement of construction.

(3) Five Year Permit Authorization: If construction has not been completed within five years of approval by the Tribes, the Tribes will review the permit and, upon showing of good cause, either extend the permit for one year, or terminate the permit. Prior to authorizing any permit extensions, the Tribes shall notify any parties of record. Note: Only one single extension is permitted.

(1) No additional over-water construction is involved, except that pier, dock or float construction may be increased by five hundred (500) square feet or ten percent (10%), whichever is less;

(2) Ground area coverage and height is not increased more than ten percent (10%);

(3) Additional structures do not exceed a total of two hundred fifty (250) square feet;

(4) The revision does not authorize development to exceed height, setback, lot coverage, or any other requirement of the Tribes' Shoreline Program or Code;

(5) Additional landscaping is consistent with conditions (if any) attached to the original permit;

(6) The use authorized pursuant to the original permit is not changed;

(7) No substantial adverse environmental impact will be caused by the project revision.

(a) Variances:

(b) Conditional Uses:

(a) Nonconforming development may be continued provided that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity unless authorized by a Conditional Use Permit;

(b) A nonconforming development which is moved any distance must be brought into conformance with this Code Chapter;

(c) If a nonconforming development is damaged to an extent not exceeding seventy-five (75) percent of the replacement cost or market value of the original structure, it may be reconstructed to those configurations existing immediately prior to the time the structure was damaged, so long as restoration begins within one year and completed within three years of the date of damage, with the exception that, single family nonconforming development may be one hundred (100) percent replaced if restoration is completed within three years of the date of damage;

(d) If a nonconforming use is discontinued for six (6) consecutive months any subsequent use shall be conforming or must obtain the appropriate shoreline permit;

(e) A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed;

(f) An undeveloped lot, tract, parcel, site, or division which was established prior to the effective date of the Shoreline Program and this Code Chapter but which does not conform to the present lot size or density standards may be developed so long as such development conforms to all other requirements of the Shoreline Program;

(g) Agricultural uses which become non-conforming as a result of the adoption of the this Code Chapter shall be permitted to continue normal agricultural activities exempt from shoreline permitting provided best management practices are implemented and no other tribal, federal or state regulations are violated.

(1) If the Administrator finds that any provision of the regulations contained herein is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.

(2) The final written notice (and the initial written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Land Use Review Board.

(3) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Chapter 4-3-253

(1) Any act constituting a violation of the provisions of this Chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances, conditional or special-use permits, shall subject the offender to a civil penalty of $100.00 per day.

(2) If the offender fails to pay this penalty within thirty (30) days after being cited for a violation, the penalty may be recovered by the Confederated Tribes of the Colville Reservation in a civil action in the nature of debt. The Reservation Attorney, upon request of the Planning Department, shall bring a civil action in the Colville Tribal Court to recover such debt.

(3) A civil penalty may not be appealed to the Land Use Review Board if the offender was sent a final notice of violation in accordance with Chapter 4-3-252 and did not take an appeal to the Review Board as provided in Chapter 4-3-170.

(4) This Code Chapter may also be enforced by civil action brought by the Reservation Attorney to enjoin development in violation of this Chapter. In such action, any persons in violation of this Chapter may be ordered to restore and remediate the property or pay all costs of restoration and remediation.

(5) Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(6) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this Code Chapter.

(1) A shoreline, conditional use or variance permit may be revoked by the permit-issuing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Code Chapter, or any additional requirements lawfully imposed by the permit.

(2) Before a conditional use or variance permit may be revoked, all of the notice, hearing and other requirements on Hearing Procedures for Appeals and Applications under this Chapter shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(3) The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in the subsection titled "Procedures upon discovery of violations" shall be upon the party advocating that position. The burden of persuasion shall also be on that party.

(4) A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.

(5) Before a shoreline permit may be revoked, the Administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to an informal hearing on the allegations. If the permit is revoked, the Administrator shall provide the permittee a written statement of the decision and the reasons therefor.

(6) No person may continue to make use of land or buildings in the manner authorized by any shoreline, conditional-use or variance permit after such permit has been revoked in accordance with this section.

(7) Exhaustion of Administrative Remedies: Any decision or order of the Administrator that is reviewable by the Land Use Review Board shall not be considered a final order or decision subject to judicial review. Exhaustion of all available administrative remedies including any administrative appellate review is a jurisdictional requirement to judicial review.

(8) Judicial Review: Every final order decision or action of the Land Use Review Board shall be subject to review by the Colville Tribal Court upon the filing of a timely petition of review pursuant to the procedures set forth in Chapter 2-4-19 of the Colville Administrative Procedures Act. The petition for review shall briefly set forth that portion of the decision appealed from; the statutory reference(s) relied upon to support the relief requested; and, which standard of review set forth in Chapter 2-4-19(g) provides the basis for petition.

AREAS ZONED

(b) Water Body Specific Designations:

RIVERS AND STREAMS

RIGHT BANK

LEFT BANK

LEFT BANK