Tribal Law - Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; National Indian Law Library, Native American Rights Fund

Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin - Tribal Law

Disclaimer: Although every effort is made to present current and accurate information, if you need an official version of the tribe’s laws, please contact the tribe.

To contact the Bad River Band of Lake Superior Chippewa, visit the tribe's website. The tribe also publishes their laws through the law library on their website.

Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

3.11.170 Practicable Alternatives Test

For all permit applications, an alternative site for the proposed activity shall be considered practicable if it is available and makes accomplishing the basic purpose possible while having less negative environmental impact. There is no practicable alternative if the applicant demonstrates all of the following to the satisfaction of the Wetlands Ordinance Administrator:

(a) The basic purpose of the project cannot reasonably be accomplished using one or more other sites in the general region that would avoid, or result in less adverse impact to, wetland;

(b) The basic purpose of the project cannot be accomplished by a reduction in the size, scope, configuration, or density of the project as proposed or by changing the design of the project in a way that would avoid or result in fewer adverse effects on wetland; and

(c) In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as inadequate zoning, infrastructure, or parcel size, the applicant has made reasonable attempts to remove or accommodate such constraints.