Section PRP.02.23 — Amendments To Code

(a) Authority. The law imposed and the land use designations created under this Code may be amended from time to time whenever the public necessity and convenience and the Tribal general welfare requires. Such a change shall be proposed by the Land Management Department, the Land Use Review Board, the Tribal Council, or any tribal member.

(b) Initiation of Amendment. The proposed change may be initiated by petition to the Land Management Department with the following information:

(1) Description of property affected.

(2) Existing land designation

(3) Proposed land designation.

(4) Any change proposed to text of this Code.

(5) Petitioner's name, address, and phone number.

(c) Petition. The petition shall be forwarded to the Land Use Review Board who shall, within 30 days of receipt of the petition, schedule a public hearing on the proposed amendment.

(d) Standards for Land Designation Change. The burden of proof shall be with the petitioner to establish:

(1) Conformance with all applicable Codes.

(2) Public need for the change.

(3) That there is no other available property that could better serve the need.

(4) Proof of change of circumstance or mistake in original land designation.

(5) Any other legitimate concern.

(e) Enactment. The Stockbridge-Munsee Tribal Council may, after the public hearing is held, enact a resolution amending this Code or by motion deny the proposed amendment. Such amendments are not subject to the approval of the Secretary of the Interior.