Chapter 11.05 PERMITTING

Prior legislation: Resos. 2002-84, 2005-83, 2005-87, 2006-63, 2007-49, 2011-020, 2011-057 and 2016-17; prior code §§ 6.7.1.010 – 6.7.1.030, 6.7.2.010, 6.7.2.020, 6.7.3.010 – 6.7.3.060, 6.7.4.010 – 6.7.4.030, 6.7.5.010 – 6.7.5.070, 6.7.6.010 – 6.7.6.080, 6.7.7.010, 6.7.7.020, 6.7.8.010 and 6.7.9.010 – 6.7.9.070.

11.05.010 Findings.

The Chehalis Business Committee finds that:

A. The Confederated Tribes of the Chehalis Reservation was established for the exclusive and permanent use of the Chehalis Tribal community;

B. The Chehalis Tribe has the jurisdiction and the duty to protect the quality of the environment within the boundaries of the Chehalis Indian Reservation;

C. The Chehalis Indian Reservation is a small land base that must provide for the economic, residential, cultural, recreational, and governmental needs of the Chehalis Tribal community, now and in the future;

D. The Chehalis Indian Reservation contains ecologically sensitive lands, culturally sensitive historic and archaeological sites, and the Black and Chehalis Rivers. Any action adversely affecting these and all other areas within the Reservation ecosystem adversely affects the Chehalis Tribe and the Tribal community, now and in the future;

E. The Chehalis Business Committee concurs with Federal legislation and policies that stress environmental protection such as the National Environmental Protection Act, Coastal Zone Management Act, Clean Air Act and Clean Water Act. [Res. 2024-12.]

11.05.020 Purpose.

This chapter is enacted to protect the environment and lands under the jurisdiction of the Chehalis Tribe for the enjoyment and use of present and future generations of Chehalis Tribal community members. [Res. 2024-12.]

11.05.030 Objectives.

The Chehalis Business Committee intends to further the following objectives in adopting this chapter:

A. To protect the natural resources of the Chehalis Reservation from contamination, pollution and other degradation;

B. To protect and enhance the habitat of all types of fish, forestry, and wildlife resources, particularly the Chehalis River Basin and associated habitat that are critical components of the ecosystem that support fish resources;

C. To minimize the adverse impacts that would result from locating developments in environmentally sensitive areas;

D. To preserve the open, rural environment that has been traditional for the Chehalis Tribal community; and

E. To allow sufficient development within this natural environment to enable the development of housing, public services, and employment for the Chehalis Tribal community. [Res. 2024-12.]

11.05.040 Definitions.

The words below have the following meaning when they appear in this chapter:

“Buffer” means an undisturbed area of land adjacent to sensitive lands, as defined by CTC 11.15.050(E), that protects the functions and values of sensitive lands. In the case of wetlands or rivers, the buffer area shall extend, at minimum, 300 feet from any river and 150 feet from all wetlands, lakes, and perennial tributaries.

“Business Committee” means the governing body of the Chehalis Tribe as constituted and empowered under the Constitution of the Confederated Tribes of the Chehalis Reservation.

“Chehalis Tribal community” means all enrolled members of the Chehalis Tribe regardless of residence, all people that are eligible for enrollment into the Chehalis Tribe, and all children of enrolled members and of people that are eligible for enrollment.

“Construction” means any on-site activity that is directly related to building or modifying a structure. It does not include minor repairs of existing structures.

“Factory-assembled structure” means manufactured home, mobile home, park model trailer, and recreational vehicle, and in particular:

1. “Manufactured home” means a single-family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.);

2. “Mobile home” means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable State codes in effect at the time of construction or introduction of the home into this jurisdiction;

3. “Park model trailer” means a park trailer as defined in the American National Standards Institute A119.5 Park Model RV Standard, 2020 Edition, or subsequent editions; and

4. “Recreational vehicle” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.

“Floodplain” means those lowlands adjoining the channel of a river, stream, or other body of water that have historically been or may reasonably be expected to be inundated by floodwater, including, without limitation, areas inundated by the 100-year-flood event of 1996, and identified as “flood hazard areas” by the Federal Emergency Management Agency (FEMA) under the auspices of the National Flood Insurance Program (NFIP).

“Normal public use” means fishing, boating, swimming, and general recreation by persons with a legal right to engage in those activities.

“Proposed activity” and “activity” mean a development, project, construction, or other similar action.

“Structure” means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water. The term “structure” includes roads.

“Wetlands” or “wetland areas” means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or where the land is covered by shallow water. Wetlands have one or more of the following attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is nonsoils and is saturated with water or covered by shallow water at some time during the growing season of each year. [Res. 2024-12.]

11.05.050 Time limits – Exceptions.

Time limits imposed on the Chehalis Business Committee in this chapter are guidelines. Postponement of a Chehalis Business Committee meeting for lack of a quorum, or for other administrative reasons, shall have no consequence except a delay in the process. Time limits throughout this chapter shall be construed in a manner which accomplishes the goals of this chapter. [Res. 2024-12.]

11.05.060 Permits required for certain activities.

All persons conducting any of the following activities within the boundaries of the Chehalis Reservation must first obtain a permit from the Chehalis Tribe:

A. Preparation of a site for the construction of a building or area for the purpose of human habitation, business use, or public use, including, without limitation, the design and installation of septic systems, and/or any community sanitary sewer connection or water connection.

B. Preparation for, and installation of, any utility systems, to include stormwater, sewer, water, or gas systems or pipes; or utility lines or conduits, to include electric, phone, data, or cable lines, including those installed underground or mounted on poles.

C. Preparation for, and installation of, any underground tank of any capacity, and of any above-ground tank with a capacity greater than 1,000 gallons.

D. Installation of any solid fuel burning or gas appliance, including any wood stove, gas-burning or wood-burning fireplace, pellet stove, masonry heater, gas furnace, gas water heater, or gas stove.

E. Installation or affixing of any sign, including electronic signs and billboards, on or off premises, greater than five square feet; provided, that no sign of any size shall be affixed to any utility pole.

F. The construction of any new structure, or construction that alters the exterior of an existing structure, including any deck that exceeds 200 square feet and/or that at any point extends 30 inches or more above grade.

G. The installation, alteration, removal, conversion, demolition, or replacement of any structural, electrical, gas, mechanical, or plumbing system in a new or existing structure.

H. Installation of a factory-assembled structure for use as a primary residence.

I. Road construction or repair and right-of-way maintenance, but not right-of-way landscaping, spraying, or other minor right-of-way maintenance activity.

J. Sidewalk construction, repair, or maintenance.

K. Construction or repair of culverts and drainage ditches.

L. Construction of any water- or flood-related project.

M. Any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands within the Chehalis Reservation.

N. Dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; diking; riprapping; driving of piling; or building a retaining wall of four or more feet in height.

O. Clearing, grubbing, and grading.

P. Installation or alteration of a fence of six or more feet in height within six feet of the intersection of a road or driveway.

Q. Installation, alteration, or replacement of any swimming pool, spa, hot tub, or hydromassage bathtub with attached electrical components or units with a possible depth of more than 24 inches. [Res. 2024-12.]

11.05.070 Exceptions to permit requirement.

The following activities do not require a permit under this chapter, but may be subject to other Chehalis Tribal laws and regulations:

A. Minor residential home improvements, including painting, recarpeting, and minor interior renovations;

B. Construction of one-story detached agricultural buildings not used for a place of habitation or employment, of not more than 600 square feet;

C. Construction of sheds, sweat lodges, or smokehouses of no more than 200 square feet, which are unattached and accessory to existing residential or farm use and not constructed or used for human habitation;

D. Installation of any above-ground prefabricated pool, hot tub, spa, or bathtub with electrical components that have cord and plug connections;

E. Fireworks stands licensed by the Chehalis Tribe;

F. Outdoor burning, which is managed by the Chehalis Tribal Department of Natural Resources and subject to Chapter 11.35 CTC;

G. Minor yard, park, or grounds maintenance when not conducted on a floodplain, wetland area, or buffer, such as clearing debris following a storm, planting or removing shrubs or trees under eight feet tall, repairing or replacing sheds, and repairing or replacing fences under six feet tall;

H. Maintenance to existing utility systems and lines that do not require additional excavation. [Res. 2024-12.]

11.05.080 Grandfathered activities.

Structures in existence prior to the adoption of this chapter are exempt from the permit requirements of this chapter. However, modifications to structures which fall under CTC 11.05.060 are subject to permitting as required by this chapter. [Res. 2024-12.]

11.05.090 Permit application.

Any person requiring a permit under CTC 11.05.060 must obtain and complete a permit application form issued by the Chehalis Tribal Planning Department. The application must:

A. Include plans and specifications, unless waived by the Planning Department Director or designee;

B. Be filed, upon completion, with the Tribal Planning Department; and

C. Unless the requirement for a plan and specifications have been waived by the Planning Department or designee, the Planning Department or designee must conduct a plan review prior to issuing a permit. [Res. 2024-12.]

11.05.100 Inspections.

The Planning Department Director or designee must conduct periodic inspections of permitted work to ensure compliance with the permit or approved plan on a schedule set forth in the permit and/or approved plan, or as the Planning Department Director or designee determines necessary. [Res. 2024-12.]

11.05.110 Fees.

The Planning Department will assess fees, which will vary depending on the type of project and Planning Department time and labor, for the following activities:

A. Permit application processing;

B. Plan review; and

C. Inspections to determine compliance with approved permits and plans. [Res. 2024-12.]

11.05.120 Expiration.

Every permit issued under this chapter becomes invalid unless the work authorized by the permit is commenced within 180 days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced; provided, that:

A. The Planning Department Director, or designee, may grant, in writing, time extensions for periods not more than 180 days each; and

B. Each time extension must be requested in writing by the party seeking the extension, and must include reasons justifying the extension. [Res. 2024-12.]

11.05.130 Permitting authority.

A. All permit applications will be reviewed by the Chehalis Tribal Planning Department. The Planning Department Director or designee is authorized to approve, deny, or condition any permit issued under this chapter. Prior to making a determination as to a permit, the Planning Department Director or designee may, at their discretion, consult with any potentially impacted Tribal departments or entities, to include the Chehalis Tribal Business Committee.

B. The Business Committee is authorized to override the Planning Department in any permitting decision which adversely impacts the health, safety, welfare, natural resources, or culture of the Chehalis Tribal community.

C. The Planning Department Director or designee is authorized to issue an emergency permit for the repair or demolition of any structure or system that poses a significant and imminent hazard to health or safety. The issuance of an emergency permit is not required to follow the application and review process provided by CTC 11.05.140. An emergency permit will remain in effect for no more than 30 days from the date of issuance. [Res. 2024-12.]

11.05.140 Review of permit application.

The permit application will be initially reviewed by the Planning Department Director or designee. The Planning Department Director or designee will approve, deny, or condition a permit as authorized under CTC 11.05.130. The Planning Department Director or designee may request assistance from appropriate technical personnel in conducting the review. The review process will consist of the following determinations:

A. Whether the permit application contains adequate information to determine whether to approve or deny the permit or to allow conditional use. If sufficient information is not provided, a meeting with the applicant is required;

B. Whether the purpose, and the objectives, of this chapter are met, and whether the proposed activity conforms to those purposes (CTC 11.05.020) and objectives (CTC 11.05.030);

C. Whether the proposed activity conforms with all general standards under CTC 11.05.160;

D. Whether the proposed activity conforms to standards set forth for that type of activity under CTC 11.05.170;

E. Whether the proposed activity meets the environmental review criteria under CTC 11.05.180 through 11.05.210; and

F. Whether there are archaeological issues to be addressed, and, if so, whether the proposed activity adequately addresses archaeological and historical site concerns, and whether the proposed activity is compatible with the policies for those sites under CTC 11.05.220. [Res. 2024-12.]

11.05.150 Initial notice to applicant of permit status.

Upon receipt of a complete application, the Planning Department will review application materials, including all construction documents, make requests for additional information, and within 30 days will notify the applicant of their permit status. Notice to an applicant must consist of one of the following:

A. The applicant must attend a meeting with Planning Department staff to clarify or complete information required by the permit application; or

B. The application is approved, approved subject to conditions listed in the notice, or denied for reasons listed in the notice; or

C. The Planning Department has determined that the proposed action poses no significant impact, and the application and a permit will be issued; or

D. The application is being recommended for approval subject to conditions listed in the notice; or

E. The permit is denied for reasons listed in the notice; or

F. An additional 30 days is needed to make the required determinations and recommendations, for reasons listed in the notice. [Res. 2024-12.]

11.05.160 General standards.

The following general standards apply to proposed activities under this chapter:

A. Natural Character Preserved. All developments must be consistent with the natural characteristics and ecological systems of the Reservation. Any developments allowed in sensitive areas, such as steeply sloped land, floodplains or wetlands, must have only a minimum level of impact upon the functioning of the natural systems.

B. Buffers. There must be undisturbed, natural, vegetated buffers left adjacent to rivers, streams, and wetlands. No construction, accessory uses, septic tanks, or agriculture is allowed in the buffer. Buffers adjacent to a stream or river must be left on both sides of the waterway.

C. No Interference With Fishing Rights. No activity may occur in a manner which causes interference with the exercise of Tribal fishing rights. No activity may block or impede the free movement of fish.

D. Water Quality/Fish and Wildlife Quality. Activities must be located, designed, constructed and operated in a manner that minimizes adverse effects on fish, wildlife, water quality and existing shore and stream processes.

E. Fish Wastes. Discharge of wastes from fish and shellfish processing into water bodies must, at minimum, meet Tribal standards for those activities.

F. Erosion Control. An erosion control plan must be approved prior to issuance of a permit under this chapter for any activity which would pose a risk of erosion during or after construction. No earth or debris resulting from the activity may enter streams or lakes. No permitted activity may contribute to foundation instability or mass soil movement.

G. Use of Fill. All fill material must be approved in advance. If an activity uses fill material, the Tribe may require, at the applicant’s cost, a licensed engineer to certify that the fill will not alter or prohibit the natural flow of surface water or groundwater, or present a geologic hazard. There shall be no excavation or filling of stream channels or alteration of stream courses unless required for a project to enhance the biological productivity of the aquatic environment. [Res. 2024-12.]

11.05.170 Uniform codes incorporated.

The following uniform codes, as now written or later amended, supplanted or succeeded, together with supplements and appendices to those codes, except for any code sections, supplements, or appendices which conflict with other provisions of the Chehalis Tribal Code or for which explicit exemptions are made in the Chehalis Tribal Code or by Tribal resolution, are incorporated by reference into this chapter and apply to proposed activities under this chapter:

A. The International Building Code (IBC), published by the International Code Council, Inc., and any successor code and standards;

B. The International Residential Code (IRC), published by the International Code Council, Inc., and any successor code and standards;

C. The International Mechanical Code (IMC), published by the International Code Council, Inc.; provided, that the standards for liquefied petroleum gas installations shall be those included in the National Fire Protection Association (NFPA) 58 (Storage and Handling of Liquefied Petroleum Gases Code) and American National Standard Institute Z223.1/NFPA 54 (National Fuel Gas Code), and any successor codes and standards;

D. The International Fire Code (IFC), published by the International Code Council, Inc., including those standards of the NFPA specifically referenced in the IFC, and any successor code; however, participants in religious ceremonies will not be prevented from carrying hand-held candles;

E. The Uniform Plumbing Code and Uniform Plumbing Code Standards (UPC), published by the International Association of Plumbing and Mechanical Officials, and any successor code and standards;

F. The National Electrical Code (NEC), developed by the NFPA Committee on the National Electrical Code, and any successor code and standards; and

G. The Tribal Building Official will maintain a current copy of all code volumes described in subsection A of this section, and will update code volumes as they are amended, supplanted or succeeded by their publishing entities, or by the Chehalis Business Committee. [Res. 2024-12.]

11.05.180 Environmental review – Generally.

A. The Department of Natural Resources Director or designee will review the permit application’s environmental checklist to determine whether the proposed activity poses an environmental impact. Possible environmental impacts include, but are not limited to:

1. Proximity to the Chehalis or Black Rivers or to any sensitive lands;

2. Proximity to a location within an area prone to flooding;

3. Impact on surface or groundwater withdrawals;

4. Impact of any planned water discharge;

5. Impact of any planned wastewater discharge;

6. Potential alteration to or loss of natural habitat;

7. Impact of any potential water runoff;

8. Impact of any potential removal or import of fill;

9. Risk of exposure to asbestos, lead, or other toxic materials;

10. Risk of spill, production, or movement of hazardous waste; and

11. Potential for above-normal noise level during construction, or from the completed project.

B. Within 10 business days of the referral, the Director of Natural Resources must approve or disapprove the environmental checklist and inform the Planning Department of any recommended mitigation measures.

C. If an environmental impact is identified, the Planning Department Director or designee has discretion to require the applicant to complete an asbestos review in conformity with Clean Air Act (CAA) standards and regulations, or an environmental impact statement in conformity with National Environmental Policy Act (NEPA) standards, participate in a conference to discuss environmental impact, or to take any mitigation measures recommended by the Director of Natural Resources. [Res. 2024-12.]

11.05.190 Significantly affecting the environment.

The Planning Department Director or designee will make a determination as to whether a proposed activity will significantly affect the environment in the context of Chehalis Tribal culture and values. Factors to be taken into consideration in evaluating an application for a permit for significant effects on the environment include:

A. The degree to which the proposed activity will adversely affect the quantity and/or quality of the fish and shellfish resources of the Tribe;

B. Unique or sensitive characterization of the geographic or hydrologic area in which the proposed activity will take place;

C. The degree to which the proposed activity may adversely affect an endangered or threatened species or its habitat;

D. Whether the proposed activity may cause loss or destruction of cultural, historical, or scientific resources;

E. The degree to which the proposed activity affects the health and safety of the Chehalis Tribal community;

F. The degree to which the effects of the proposed activity are uncertain or involve unique or unknown risks;

G. The degree to which the proposed activity may establish a precedent for future actions with significant effects;

H. Whether the proposed activity is related to other activities with individually insignificant but cumulatively significant impacts. If it is reasonable to anticipate a cumulatively significant impact on the environment, the activity is significant;

I. Whether the proposed activity threatens a violation of Tribal or Federal law or requirement, or an interlocal cooperation agreement enacted for the protection of the environment to which the Chehalis Tribe is a party; and

J. Whether the proposed activity would violate the Constitution of the Confederated Tribes of the Chehalis Reservation or any other ordinance or policy of the Tribe. [Res. 2024-12.]

11.05.200 Finding of no significant impact (FONSI).

If the Department of Natural Resources determines that the proposed project will not have a significant effect on the environment, based on a review of the environmental checklist, environmental impact statement, if any, and the applicant conference, a finding of no significant impact (FONSI) shall be issued with the permit or recommendation. [Res. 2024-12.]

11.05.210 Review of FONSI.

If the Department of Natural Resource’s review results in a FONSI, the Planning Department will complete the review of the permit application, and make a determination on the application, or require the applicant to complete an environmental impact statement in conformity with National Environmental Policy Act (NEPA) standards. [Res. 2024-12.]

11.05.220 Archaeological, historical, or traditional cultural places.

This section establishes policies and procedures to protect archaeological, historic, and traditional cultural places. The Chehalis Reservation has been a place of habitation and use by Chehalis peoples for thousands of years. This long history means that the Reservation has many places, some no longer discernible to the untrained eye, that were once sites of homes, villages, hunting and fishing camps, ceremonies, and other uses. The historical and cultural information obtainable from a professional archaeological examination of such sites is an invaluable and irreplaceable source of Tribal history. Violation of the following policies or procedures resulting in destruction of or damage to this heritage is considered a serious offense and the maximum sanctions allowable will be imposed:

A. Rules Regarding Archaeological and Historic Sites.

1. Any application for a permit under this chapter that includes work on historic or cultural buildings, cultural or historic sites, or ground-disturbing work, including but not limited to excavation, dredging or drilling, must be reviewed by a Tribal Historic Preservation Office (THPO) to determine whether the proposal poses any danger to known archaeological sites;

2. The review must also include a literature search;

3. The Tribal Historic Preservation Office may request a professional archaeological survey to make a determination of effect;

4. If any potential danger is identified, the application will be reviewed by the THPO;

5. Within seven business days of the referral, the THPO must approve or deny the proposed activity or extend the time required to complete review, and inform the Planning Department of all recommended mitigation measures. The expense of the review shall be borne by the applicant;

6. The Planning Department or designee must keep available copies of the most current Inadvertent Discovery Plan for Cultural Resources. A copy of the Inadvertent Discovery Plan for Cultural Resources must be given to any person approved for permitted activity that includes any ground-disturbing work, including but not limited to excavation, dredging or drilling;

7. If evidence of an archaeological site is unearthed during the construction of a project, the project developer and/or the persons involved in construction must cease work immediately, notify the Planning Department, and follow all procedures in the Inadvertent Discovery Plan;

8. The Chehalis Tribe reserves the right to conduct its own archaeological inspection of any construction, earthmoving, or excavation work on the Reservation;

9. The Chehalis Tribe reserves the right to halt construction of a project for up to 120 days if it determines that an archaeological site of importance to the Tribe may have been unearthed. During the 120 days, the Tribe must begin professional examination of the site to determine its significance. Extensions of the 120-day period will be allowed if needed to complete the work. The Tribe may condition the permit for the project after the discovery of an archaeological site and require a professional archaeological excavation or require modification of the activity to preserve the site. The expense of such examination and any excavation or modification of the activity shall be borne by the applicant; and

10. Applicants may be required to post a deposit with the Tribe of up to $5,000 to ensure that notification of any archaeological evidence is made to the Tribe. The deposit is fully refundable if no archaeological site is unearthed, but will be forfeited if a violation of these rules occurs. A violation of these rules shall also be grounds for the issuance of a notice of violation as described in CTC 11.05.280 and 11.05.300. [Res. 2024-12.]

11.05.230 Conditional permits.

A conditional permit may be issued by the Planning Department Director or designee when a proposed activity substantially, but not entirely, meets the requirements set forth in CTC 11.05.160 through 11.05.220 and the activity could be conducted in harmony with the Tribe’s purpose and goals under this chapter if certain mitigating actions are performed by the applicant. A conditional permit is issued in the standard manner, subject to those conditions, and is revocable if those conditions are not met by the applicant. Approval of a conditional permit is discretionary. [Res. 2024-12.]

11.05.240 Notice of decision – Request for reconsideration.

A. The Planning Department must give notice of its decision to the applicant within 30 days of the meeting at which the application was considered. The Planning Department must post a notice to the Chehalis Tribal community of its decision to approve, deny, or condition a permit on the same day the notice is given to the applicant. The notice will be posted at the Chehalis Tribal Center for a period of 15 days, and will have the date of posting written on it.

B. An applicant whose permit application has been denied or conditioned may request the Planning Department to reconsider its decision. The request for reconsideration must be made in writing to the Planning Department within 30 days of the decision. The Planning Department must give written notice of the decision on reconsideration to the applicant within 30 days of receipt of the request for reconsideration. Notice of the decision on reconsideration must be provided as set forth in subsection A of this section. [Res. 2024-12.]

11.05.250 Basis for decisions to approve, deny or condition permit.

The decision to approve, deny, or condition a permit must be based on whether the proposed activity would be conducted in a way which would result in each of the inquiries in CTC 11.05.140(A) through (F) being satisfied, and on the environmental impact, if any, of the proposed activity. Conditional permits may be approved at the discretion of the Planning Department Director or designee, as provided under CTC 11.05.230. [Res. 2024-12.]

11.05.260 Court review of decision on reconsideration.

A. An applicant whose permit application has been denied or conditioned following a request for reconsideration pursuant to CTC 11.05.240(B) may petition the Tribal Court to review the decision on reconsideration. Processes for civil actions set forth in Chapter 3.25 CTC apply unless otherwise specified.

B. The petition for review must be filed with the Tribal Court within 30 days of the Planning Department’s issuance of the decision on reconsideration.

C. The Planning Department’s decision will be upheld unless the applicant shows by clear and convincing evidence that there was no reasonable basis for the Planning Department’s decision. [Res. 2024-12.]

11.05.270 Enforcement – Generally.

The Chehalis Tribal Planning Department, on direction of the Chehalis Business Committee, is authorized to enforce this chapter, and to issue notices of civil infractions for violations of this chapter. [Res. 2024-12.]

11.05.280 Violations.

A. It is a violation of this chapter to:

1. Fail to obtain a permit, as defined by conducting any activity governed by this chapter without first obtaining a valid permit for such activity;

2. Fail to comply with a permit, as defined by conducting any activity governed by this chapter without complying with any and all terms of the permit issued for such an activity;

3. Interfere with a Tribal official attempting to conduct duties authorized under this chapter;

4. Fail to comply with any stop work order issued by the Planning Department Director or designee; or

5. Fail to comply with any requirement under this chapter, to include any uniform code incorporated into this chapter.

B. Violations of this chapter will be treated as civil infractions. Nothing in this chapter may, however, be construed to limit criminal prosecution for misconduct that is a violation of this chapter and that also constitutes a criminal offense, or to limit any other civil cause of action related to failure to comply with provisions of this chapter.

C. The Planning Director or designee will set a schedule of fines for violations of this chapter, subject to Chehalis Business Committee approval, which shall be made available at the Planning Department; provided, that the maximum fine shall not exceed $5,000 per violation per day of activity. [Res. 2024-12.]

11.05.290 Corrective measures.

A. Upon finding a violation of this chapter, or of any other Chehalis Tribal Code provision, Tribal policy, or uniform code incorporated into this chapter, the Planning Department Director or designee must notify the Chehalis Business Committee, which may authorize the Planning Department to order corrective measures in accordance with this code.

B. Where the Planning Department Director or designee finds egregious or repeated violations, and/or violations which create risk of imminent harm to humans, animals, property, or to critical areas, the Planning Department Director or designee will immediately seek authorization from the Chehalis Business Committee to issue a stop work order. If the Chehalis Business Committee is unable to convene in a timely way, the Planning Department Director or designee may issue a stop work order on their own, but then will at the earliest opportunity inform the Chehalis Business Committee of the action taken. A stop work order is effective immediately and acts as a suspension of the permit(s).

C. Where the permit holder is informed by the Planning Department Director or designee of violations and fails to take corrective action on their own, the Planning Director or designee may in their discretion take any of the following actions:

1. Issue a corrective action order to the permit holder, which must be in writing and include the particular violation under this chapter and the date by which the violation must be remedied;

2. Issue a notice of civil infraction pursuant to CTC 11.05.300; and/or

3. Seek an injunction in Tribal Court pursuant to Chapter 3.25 CTC. [Res. 2024-12.]

11.05.300 Civil infraction.

A. The Planning Department Director or designee in their discretion will, on approval of the Business Committee, issue a notice of civil infraction to any person who violates this chapter, to include any uniform code incorporated into this chapter.

B. In determining whether to issue a notice of infraction, or in determining the amount of any fine to impose, the Planning Department Director or designee will take into account whether any corrective action orders have been complied with, the severity and nature of the violation(s), and the potential harm to humans, animals, property, or critical areas resulting from the violation(s).

C. Each day on which a person subject to this chapter continues to violate any provision of this chapter, or of any uniform code incorporated into this chapter, will be deemed a separate violation of this chapter, subjecting that person to civil fines or injunctions.

D. Contents of the Notice of Civil Infraction. The notice of civil infraction must be signed under penalty of perjury by the Planning Department Director or designee, and must include the following:

1. A citation to the particular provision of this chapter or of any uniform code incorporated into this chapter that has been violated;

2. Date of the violation;

3. Description of the violation and of any attempt made to address the violation through a corrective action order, stop work order, or other means;

4. The amount of the fine due, and a statement that the fine must be paid in person or by mail to the Chehalis Tribe within 30 days unless the person has properly requested a hearing in Tribal Court; and

5. A statement that the person may request a hearing on the citation in Tribal Court by filing with the Tribal Court a written request for hearing within 21 days of issuance of the notice of civil infraction. The written request for a hearing must specify whether the person requests a contested hearing or a mitigation hearing.

E. Service of Notice of Civil Infraction. A copy of the notice of civil infraction must be served on the person by giving them a copy personally, or where they cannot be located within the boundaries of the Reservation, by sending a copy by first class U.S. mail to the address provided on their Tribal business license application.

F. Process for Hearing.

1. Where a person has timely filed a request for a contested hearing or for a mitigation hearing, the Clerk of the Tribal Court will set a hearing to occur within 30 days and will provide at least 14 days’ notice of the date and time of the hearing to the person requesting the hearing and to the Planning Department.

2. The Chehalis Tribal Rules of Civil Procedure will apply to the conduct of all hearings provided for in this chapter, unless a different process is set out in this chapter.

3. The hearing shall be without a jury.

4. The Court may consider reliable hearsay, which includes notice of the violation and/or any other written report of the Planning Department Director or designee that is signed under penalty of perjury instead of that person’s personal appearance at the hearing.

5. At a contested hearing, the burden of proof will be on the Tribe to establish commission of the violation by a preponderance of the evidence. If the Court finds that the violation did not occur, the notice of violation will be dismissed. If the Court finds the violation did occur, the Court will order the person to pay the fine and, in its discretion, and on the recommendation of the Planning Department, may order the person to pay court costs.

6. At a mitigation hearing the person shall be permitted to present evidence and arguments only as to why the full amount of the fine should not be imposed. The Court in its discretion may impose the original fine or a lesser fine, or may suspend all or part of the fine on condition that the person have no further violations of this chapter for a period of time not less than one year. [Res. 2024-12.]

11.05.310 Sovereign immunity.

A. Nothing in this chapter shall be construed as waiving the sovereign immunity of the Tribe or its enterprises, agents, employees or officials.

B. No manager, officer or employee of the Tribe is authorized, and they shall not attempt, to waive the immunity of the Tribe. [Res. 2024-12.]

11.05.320 Severability.

If any portion of this chapter, provisions of other rules and regulations adopted by this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. [Res. 2024-12.]

11.05.330 Effective date.

The effective date of the ordinance codified in this chapter shall be the date of its passage by the Chehalis Business Committee. [Res. 2024-12.]