Section PRP.02.16 — Permit Processes

(a) The permitting process is used to inform public decision makers and persons of the environmental and economic effects of actions that have been proposed, and initiate exchange of information among interested parties. The following requirements shall be followed for General Land Use Permits and Conditional Use Permits. These requirements do not apply to permits issued by the Forestry Department under the Forest Products Resources Ordinance.

(1) Receipt of applications. All applications for permits shall be received by the Land Management Department. The Department shall be responsible to develop application forms and assure that all the necessary information for each type of permit can be found on the form.

(2) Who May Submit Applications. Applications for permits shall be accepted only from persons who are tribal members and/or who are owners or assignees or beneficiaries of property, or their agents, or who represent a division or subdivision of the Tribe or a Tribal organization.

(3) Land Use Impact Review.

(A) Before a permit is issued for any purpose except camping, forestry products permits, or tree removal, or before any variance is approved, the request for permit or variance shall go through the Land Use Impact Review.

(B) The Land Use Impact Review requires that all departments and committees or boards with land-use related responsibilities review any proposed action to utilize or disturb tribal land in any way. This is to assure that all interested entities are aware of all proposed uses of tribal lands so that planning is integrated, and conflicts are avoided. These departments are: Environment, Enterprises, Assets, Land/Enrollment, Land Management, Roads, Forestry, Land Committee, Housing/Utilities, Repatriation, and Legal/Tribal Council.

(C) The Land Use Impact Review is processed through the Land Management Department, which shall require that requests for review by departments are completed and returned within 35 days. A reasonable extension may be granted at the request of any participant. If impact reviews are not returned within 35 days it is assumed that the department has approved the use.

(D) At the request of any Department participating in the Land Use Impact Review, results of the Land Use Impact Review shall be forwarded to the Core Planning Group, a representative entity of the departments as listed in (b) of this subsection, for recommendation for approval or denial of general land use permits identified in Section PRP.02.13 of this Code.

(E) The results of the Land Use Impact Review shall be forwarded to the Land Use Review Board for their use in determination to grant or deny a Conditional Use Permit as identified in Section PRP.02.14.

(b) Land Use Review Board Action.

(1) Conditional Use Permits. The Land Use Review Board shall determine whether the application complies with applicable requirements of this Code, and whether the use shall significantly adversely affect the environment, cultural resources, or endanger public health or safety.

(2) The Land Use Review Board may attach additional requirements to the issuance of a Conditional Use Permit to assure harmony with existing or reasonable expected future development of the proposed area.

(3) The Land Use Review Board shall comply with Section PRP.02.19, Hearing Procedures, of this Code when making a determination to approve or deny a Conditional Use Permit.

(1) If no departments object to issuance of a General Land Use Permit through the Land Use Impact Review Process, the Land Management Department shall issue such permit or notify the applicant of denial of the application. If the Impact Review has been sent to the Core Planning Group, upon their recommendation to approve or deny a General Land Use Permit, the Land Management Department shall issue such permit or notify the applicant of denial of the application.

(2) Upon recommendation by the Land Use Review Board to approve or deny a Conditional Use Permit, the Land Management Department shall issue such permit or notify the applicant of denial of the application.

(d) Expiration of Permits. A permit shall expire automatically if, within one year after its issuance, the use authorized by the permit has not commenced, unless the permittee can provide evidence of any action pending which will result in the authorized use.