# CHAPTER 4-15 SHORELINE MANAGEMENT (2022)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

CHAPTER 4-15 SHORELINE MANAGEMENT
4-15-1

Findings
(a) The Colville Confederated Tribes have a primary interest in the protection, control, conservation, and
utilization of the shoreline resources of the Colville Indian Reservation. It is the purpose of this Chapter to
establish the shoreline regulatory structure for the management of shoreline areas within the Reservation
through the planning and fostering of all reasonable and appropriate uses.
(b) The Tribes, in adopting this Chapter for shoreline management will give preferences to uses which:
(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.
(c) The Colville Confederated Tribes have jurisdiction to enforce this Shoreline Management Chapter in order
to protect the economy, health, safety and welfare of the Tribes and the Reservation community.

4-15-2

Territory Subject to Shoreline Code
The provisions of this Chapter, known as the Shoreline Use and Development Chapter of the Colville Tribal
Code, shall apply to all shoreline areas within or touching upon the Reservation. The shoreline areas subject to
regulation under this Chapter shall include all Waters of the Reservation including wetlands, their underlying
lands, 100-year floodplains, and associated areas extending landward.
(Amended 6/6/19, Resolution 2019-324, Certified 6/12/19)

4-15-3

Use of the Shoreline Code
The following Code sections shall be interpreted and applied in the following manner:
Waters of the Reservation have been typed as either 1, 2, 3, or 4. These waters are identified on a
Water Type Map which is available for public inspection at the Planning Department of the Colville
Tribes. All persons within two hundred (200) feet of any water within the exterior boundaries of the
Reservation are encouraged to reference the Water Type Map for their applicable shoreline regulatory
conditions and requirements
(a) All shoreline uses within the shoreline 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.
(b) All shoreline uses within the shoreline 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. In addition to review of the maps, operators and landowners shall
verify accurate water types for all waters within and near their activity based upon the actual characteristics and
locations of the waters, and provide the appropriate protections required by this Chapter. 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.
(c) All shoreline uses within the shoreline 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
(August 2022)

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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.
(d) 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-4

General Definitions
For the purposes of this section, words in the present tense shall include the future; the singular shall include the
plural and the plural the singular; the word “shall is mandatory and not permissive.
(a) “Accessory Structure or Use” means a structure or use, incidental, appropriate, and subordinate to the main
structure or use of the property, and which is located on the same lot or in the same building with the main use.
(b) “Administrator or Shorelines Administrator” means the person within the Tribal Planning Department
designated to administer this Code.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

(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) “Beach Enhancement” means the upgrading of shorelines for the purposes of recreation, aquatic habitat
restoration, or both. The materials used depend on the proposed use. For recreation purposes, various grades of
clean sand or pea gravel are often used to create a beach. Native materials and vegetation, and occasionally
combinations of other appropriate materials (for example, concrete weirs), may be used to enhance a beach or
stream for habitat purposes. Beach and stream enhancement may occur above and below the water line.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

(August 2022)

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(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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

(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) Pacing 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.
(p) “Director” means the director of the Tribal Planning Department.
(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 than1 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.
(August 2022)

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(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) “Multi-Family 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 nonwater-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, multi-family 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 within shoreline areas, 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.
(Amended 6/6/19, Resolution 2019-324, Certified 6/12/19)

(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) “Planning Commission” or “Commission” means the group of persons appointed under Chapter 4-3 Land
Use of the Colville Tribal Code.
(Amended 08/18/22, Certified 08/23/22, Resolution 2022-555)

(August 2022)

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(ii) “Public” means of, relating to, or affecting all people including both tribal members and non-tribal
members.
(jj) “Public Access” means an access to and within the shoreline area that is open to the public.
(kk) “Shoreline Areas” means all surface waters of the Reservation (as defined in Chapter 4-7 of the Colville
Tribal Code), including lakes, reservoirs, streams, and wetlands, and underlying lands, lands extending
landward for two hundred feet in all directions as measured on a horizontal plan from the ordinary high water
mark or wetland, and in addition shall include 100-year floodplains.
(Amended 6/6/19, Resolution 2019-324, Certified 6/12/19)

(ll) “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) Normal maintenance or repair of existing permitted structures or developments, including damage
by accident, fire, or natural elements;
(2) Normal and routine operation of existing uses (e.g. agriculture) provided such activity does not
constitute an expansion of a non-conforming use or a significant modification which may have a
negative effect on the shoreline area;
(3) Emergency construction necessary to protect property from damage by the elements;
(4) Construction or modification of navigational aids such as channel markers and anchor buoys;
(5) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing and
operational on January 1, 1997, which were created, developed, or utilized primarily as a part of an
agricultural drainage or diking;
(6) The marking of property lines or corners, when such marking does not significantly interfere with
normal use of the surface of the water;
(7) The practice of traditional cultural activities by Colville Tribal members;
(8) Site exploration and investigation activities that are prerequisite to preparation of an application for
development authorization under this policy, only if the following conditions are met:
(A) The activity does not interfere with normal use of the surface waters;
(B) The activity will have no significant adverse impact on the environment including,
but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic
values;
(C) The activity does not involve the installation of a structure, and upon completion of
the activity the vegetation and land configuration of the site are restored to conditions
existing before the activity;
(D) Any person or entity (public or private) seeking development authorization under this
policy first posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored to preexisting
conditions; and
(E) The activity is not subject to the permit requirements of this Chapter.

(August 2022)

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(mm) “Solid Waste” means all putrescible and nonputrescible solid and semisolid wastes, including but not
limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semisolid, materials that
are not the primary products of public, private, industrial, commercial, mining, and agricultural operations.
Solid waste includes but is not limited to sludge from wastewater treatment plants and septage, waste from
septic tanks, woodwaste, dangerous waste, and problem wastes.
(nn) “Subdivision” means any subdivision or redivision of a subdivision, tract, parcel, or lot of land into two (2)
or more parts by means of mapping, platting, conveyance, change or rearrangement of boundaries. All
subdivisions are also developments.
(oo) “Subdivision – Major” means any subdivision other than a minor subdivision.
(pp) “Subdivision – Minor” means a subdivision that does not include any of the following:
(1) The creation of more than a total of three (3) lots;
(2) The creation of any new public streets;
(3) The extension of a public water or sewer system.
(qq) “Traditional Cultural Activities” mean any activity by a member of the Confederated Tribes of the Colville
Reservation that has been traditionally practiced by the indigenous members of this region for the subsistence of
body and spirit, such as food gathering practices of root digging, berry picking, hunting, fishing, medicine
gathering, the assembly of and use of sweat lodges, the use of spiritual/vision quests areas, and the retrieval of
plants, trees, rocks, water, skins/hides and feathers which are within the cultural tradition of the membership.
(rr) “Tribes” means the Confederated Tribes of the Colville Reservation.
(ss) “Tribal Member” means a person who is listed as a member of the Confederated Tribes of the Colville
Reservation in the official enrollment records of the Tribes.
(tt) “Uplands” means that land area lying outside of the shoreline jurisdiction or shoreline area as defined
herein.
(uu) “Use” means the purpose for which land or a structure is primarily designed, occupied, maintained, or
arranged or intended for.
(vv) “Variance” is a means to grant relief from the specific bulk, dimensional or performance standards set forth
in the management program; however, this term does not apply to uses of shoreline areas.
(ww) “Water-dependent use” means a use or portion of a use that cannot exist in any other location and is
dependent on the water by reason of the intrinsic nature of its operations. Examples of water-dependent uses
may include marinas, water intake systems and sewer outfalls.
(xx) “Water-related use” means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose operation cannot occur economically without a shoreline location. Water-related uses may
include fish hatcheries.
(yy) “Water-enjoyment use” means a use that provides for recreational use or aesthetic enjoyment of the
shoreline for a substantial number of people as a primary character of the use and which, through location,
design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline.
Additionally, in order to qualify as a water-enjoyment use, the use must be open to the public and the shoreline
oriented space within the project must be devoted to the specific aspects of the use that foster shoreline
enjoyment. Examples of "water-enjoyment uses" may include shoreline parks, piers, and other improvements
facilitating public access to shoreline areas.
(August 2022)

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(zz) “Water-oriented use” means any one or a combination of water-dependent, water-related or waterenjoyment uses.
(aaa) “Wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
may include those artificial wetlands intentionally created from nonwetland areas to mitigate for the conversion
of wetlands that are approved by the Tribes or the federal government. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and
landscape amenities, or those wetlands created after January 1, 1997, that were unintentionally created as a
result of the construction of a road, street, or highway.
(Amended 6/6/19, Resolution 2019-324, Certified 6/12/19)

4-15-6

Water Type Designations
(a) Waters have been designated within the Reservation boundaries as type 1,2,3, or 4. Chapter 4-7 of the
Colville Tribal Code provides water type definitions which are adopted by this Chapter, and a process for
correcting water mapping and type designations.
(b) Water types within the Reservation have been identified on a “Water Type Map.” Copies of the water type
map shall be available for public inspection at the Planning Department of the Colville Tribes.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-7

General Shoreline Restrictions and Conditions
(a) The following Chapter sections, organized by topical areas, and including sections 4-15-7 through 4-15-16,
are rooted in the Tribes' Holistic Goal, the goals and policies in the Shoreline Management Plan, the Integrated
Resources Management Plan, and the Tribal Comprehensive Plan.
(b) The following Code sections apply to all shoreline uses and activities:
(1) Shoreline uses and development, and shoreline modification activities, whether it requires a permit
or not must be consistent with the goals, policies, Code sections and intent of the Shoreline
Management Plan and the applicable Shoreline Code sections.
(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 runoff 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.
(August 2022)

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(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:
(A) Wetlands, marshes, bogs, swamps, and river deltas;
(B) Natural resources including but not limited to, sand and gravel deposits, timber, or
natural recreational beaches;
(C) Fish, shellfish and wildlife habitats, migratory routes and spawning areas;Accretion
shore forms; and
(D)Natural or man-made scenic vistas or features.
(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 leak proof 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 (floodplains, 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.
4-15-8

Archeological/Cultural/Historic
(a) One of the most crucial functions of Tribal Government is the protection and preservation of, and education
about, the Tribes history and culture. Due to the fact that most camps, villages and other settlements were
(August 2022)

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located close to water, the protection and preservation of these significant resources is one of the highest
priorities of this shoreline Code.
(b) The following Code sections apply to all shoreline uses and activities:
(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.
4-15-9

General Parking Use Restrictions and Conditions
(a) The location and development of parking facilities in shoreline areas creates the potential for adverse
environmental impacts due to leaking fluids and deposition of road grime and sedimentation as well as
degradation of shoreline views. The regulation of parking within the shorelines is intended to minimize or
eliminate potential adverse impacts.
(b) The following Code sections apply to all shoreline uses and activities:
(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. A storm water pollution prevention plan may be required by the Department.
(August 2022)

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(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-10

General Utilities Use Restrictions and Conditions
(a) The installation or construction of new utility facilities (e.g. water, sewer, power, cable, telephone, etc.) and
the maintenance and operation of existing facilities may cause adverse environmental impacts. Since much of
the population of the Reservation resides in or near shoreline areas, it is highly likely that utilities will be
constructed or expanded to meet their needs.
(b) All proposed utilities, whether stand-alone projects or part of another project, are subject to the following
Code sections:
(1) Applications for installation of utility facilities shall include the following:
(A) Description of the proposed facilities;
(B) Reason(s) why the utility facility requires a shoreline location;
(C) Alternative locations considered and reasons for their elimination when the utility is
not serving existing or proposed shoreline uses;
(D) Location of other utility facilities in the vicinity of the proposed project and any plans
to include the facilities of other types of utilities in the project;
(E) Plans for reclamation of areas disturbed by construction;
(F) Plans for control of erosion and turbidity during construction; and
(G) Identification of any possibility for locating the proposed facility within an existing
utility right-of-way.
(H) Description of flood potential and how facility will be protected from flooding.
(I) Description of operations that will be required to maintain the facility and associated
resource impacts.
(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:
(A) Water and sewer system treatment plants;
(B) Utility substations and control facilities; and
(C) Accessory uses and administrative structures for utilities.
(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 and minimize the shoreline area impacted.
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(6) Utility facilities shall be located and designed to avoid destruction of or damage to wetlands,
cultural resources, archeological/historical resources, important wildlife areas, and other
environmentally sensitive 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-11

General Shoreline Access Use Restriction and Conditions
(a) Appropriate public access to the shoreline areas of the Reservation is an important part of this management
program.
(b) All proposed shoreline uses and activities shall be subject to the following Code sections:
(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:
(A) The shoreline development is primarily for cultural preservation, single family
residential or agricultural/ranching activities - excluding tribal range units which may
require access if appropriate;
(B) Unavoidable hazards exist which cannot be prevented by any practical means;
(C) Inherent security requirements of the use cannot be satisfied through the use of
alternative design features or other solutions;
(D) The cost of providing the access, easement, or an alternative amenity, is unreasonable
disproportionate to the total cost of the proposed development;
(E) Environmental or cultural resource harm will result from the access which cannot be
mitigated; or
(F) Significant undue and unavoidable conflict between the proposed access and adjacent
uses would occur and cannot be mitigated. PROVIDED FURTHER, that the applicant
has first demonstrated and the Tribes have determined in its findings that all reasonable
alternatives have been exhausted, including but not limited to:
(i) Regulating access by such means as maintaining a gate and/or limiting hours
of use;

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(ii) Designing separation of uses and activities, i.e. fences, terracing, use of oneway glazings, hedges, landscaping, etc.;
(iii) Provision of an access at a site geographically separated from the proposal
such as a street end or trails system.
(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) When required by the Administrator, 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-12

General Signage Use Restrictions and Conditions
(a) The location, design and maintenance of signage within shoreline areas can have an adverse visual and
potentially physical impact.
(b) All signs to be placed in shoreline areas are subject to the following Code section.
(c) The following types of signs are permitted in any shoreline environment:
(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) National, Tribal, site and institutional flags or temporary decorations customary for special
holidays and similar events of a public nature.
(6) 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.
(d) The following types of signs are prohibited in any shoreline environment:
(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.
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(5) Commercial signs for products, services or facilities located off-site.
(e) All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual access to
the shoreline. When feasible, signs shall be flush mounted against existing buildings.
(f) All sign plans and designs shall be submitted for review and approval at the time of shoreline permit
approval.
(g) On premise signs related to specific on-site activities shall not exceed thirty-two (32) square feet in surface
area. FURTHER, on premise signs that are freestanding shall not exceed six (6) feet in height.
(h) Lighted signs shall be hooded, shaded or aimed so that direct light of lamps will not result in glare when
viewed from surrounding properties, rights-of-way, or watercourses.
(i) Temporary or obsolete signs shall be removed and properly disposed of within ten (10) days of elections,
closures of business, or termination of any other intended function. Examples of temporary signs include: real
estate signs, directions to events, political advertisements, event or holiday signs, construction signs.
(j) Overwater signs or signs on floats or pilings shall be related to water-dependent uses only.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-13

General Clearing and Grading Use Restrictions and Conditions
(a) The clearing, grading, filling of shoreline areas and alteration of natural drainage features within shoreline
jurisdiction can cause immediate adverse impacts to water quality and quantity, native vegetation and fish and
wildlife habitat. Such activities may also result in long term, irreparable environmental degradation. No such
clearing, grading, filling of shoreline areas and alteration of natural drainage features within shoreline areas
shall be undertaken without prior review and approval by the Administrator.
(b) All proposed shoreline uses and activities that require or include clearing, grading, filling or alteration of
natural drainage features are subject to the following:
(1) Land clearing, grading, filling and alteration of natural drainage features, landforms and vegetation
shall be limited to the minimum necessary for development.
(2) Surfaces cleared of vegetation which are not immediately developed shall be replanted the first
growing season following modification or other as approved by the Administrator.
(3) Surface drainage systems or substantial earth modifications shall be designed to prevent
maintenance problems, erosion, 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 established in Chart 2 of this code
shall be limited to the minimum area and water frontage necessary to support approved waterdependent, -related, or -enjoyment development for the site. Clearing and grading within required
shoreline setback areas shall be subject to mitigation requirements established by the Administrator.
(5) All permitted clearing and grading shall be designed with the objective of maintaining natural
diversity in vegetation species, age and cover density.
(6) 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.
(7) Negative environmental and shoreline impacts of clearing and grading shall be avoided through
proper site planning, construction timing and practices, bank stabilization, bioengineering and use of
erosion and drainage control methods as well as adequate maintenance.
(August 2022)

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(8) Land clearing, grading, filling or alteration that involves greater than five-hundred (500) cubic
yards of material shall be certified by a licensed engineer to prevent maintenance problems or adverse
impacts to adjacent properties or shoreline features.
(9) 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-14

Generally Environmentally Sensitive Areas Use Restrictions and Conditions
(a) One of the basic tenets of the Holistic Goal is the protection of the environment with the acknowledgment of
its importance to the quality of life for tribal members. Environmentally sensitive areas include: geological
hazard areas, wetlands, Threatened and Endangered species habitats, floodplains, areas with a high water table,
and channel migration zones.
(b) All shoreline uses and activities that take place within environmentally sensitive areas are subject to the
following Code sections.
(c) Geological Hazard Areas:
(1) Geological hazard areas are areas susceptible to severe erosion or slide activity (such as unstable
bluffs, steep slopes, or channel migration zones) 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 health 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.
(A) Development shall be permitted only in locations where no slope protection s
necessary or where nonstructural protection is sufficient for the life of the project.
Construction activity shall not increase or result in slope instability or sloughing.
(B) Foundations shall be located in areas with less than 30% slope, unless a geotechnical
report indicates that slope stability will not be affected.
(C) Subdivision of lots on bluffs shall allow sufficient lot depth for development to occur
without the need for bulkheading or other structural stabilization.
(D) Surface drainage down the face of the bluff shall be contained in a tight line (closed,
nonleaking pipe) for discharge at the shoreline in such a way that erosion will not occur.
(E) Surface drainage away from the bluff shall also use a tight line or some other
approved method for discharge into a natural drainage course.
(F) Any required storm water retention system shall be designed by a licensed civil
engineer and accompanied by a geotechnical report verifying that slope stability shall not
be affected.
(G) Proposals for developments on or immediately adjacent to unstable bluffs shall
include the following information in their application and site plan:
(i) Soils, topography and existing vegetation;
(ii) Existing drainage patterns and how they may be changed;
(iii) Proposed vegetation removal and grading plan together with an erosion
control plan; and
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(iv) Proposed structure and use locations.
(H) A geotechnical report shall be required for proposed development within geological
hazard areas identified by the Department in consultation with the Natural Resources
Department or other agencies, reports, or sources of geological hazard mapping and
information.
(i) The geotechnical report shall contain:
(1) Soils information and erosion rates;
(2) Drainage;
(3) Vegetation management options;
(4) Recommended setback to avoid need for building bulkhead during
life of project;
(5) Evaluation and statement on stability and safety of structure; and
(6) Evaluation and statement on stability of bluff.
(d) Wetlands:
(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; plant, fish and wildlife habitat; recreation; water
quality protection; water supply; education and scientific research. Wetlands should be preserved and
protected to prevent their loss and degradation.
(2) All uses and activities that take place within the shoreline area of a wetland shall be subject to the
following regulations:
(A) All wetlands identified by the Tribes' Natural Resources Department shall be
protected from alterations that adversely impact them so that there is no net loss of
wetland acreage, functions, and values.
(B) Additional wetland protection shall be provided to wetlands of exceptional resource
value, defined as those wetlands that include rare, sensitive or irreplaceable systems such
as, but not limited to:
(i) Wetlands having traditional, cultural and/or ceremonial significance to
Colville Tribal members;
(ii) Documented or potential habitat for endangered, threatened, sensitive or
culturally significant species;
(iii) High-quality wetland systems;
(iv) Significant habitat for fish or aquatic species;
(v) Wetlands exhibiting a high mixture of wetland classes and subclasses as
identified by the Tribes Natural Resources Department.
(vi) Mature forested swamp communities.

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(vii) Wetlands providing benefits such as water quality improvement, flood
storage, and shoreline erosion protection significant at the watershed scale.
(C) A wetland buffer zone of adequate width, in accordance with Appendix B-2, shall be
maintained between a wetland and any adjacent development to protect the functions and
integrity of the wetland. The width of the established buffer zone may be extended based
upon the functions, values and sensitivity of the wetland, the characteristics of the
existing buffer and the potential impacts associated with the adjacent land use.
(D) All activities that potentially affect wetland ecosystems shall be controlled within
both the wetland and the buffer zone to prevent adverse impacts.
(E) Development or activities shall not be authorized in a wetland except where it can be
demonstrated that:
(ii) The impact is both unavoidable and necessary;
(ii) Unavoidable and necessary impacts are minimized, and any remaining
impacts are offset through the deliberate restoration, creation or enhancement of
wetlands of equivalent or greater resource value, including acreage and function;
(iii) The restored, created or enhanced wetland will be as persistent and shall
provide the equivalent type and amount of wetland function as the wetland it
replaces; and
(iv) The applicant demonstrates sufficient scientific expertise, supervisory
capability and financial resources to carry out the proposed replacement activity.
(F) Wetland restoration, creation and enhancement projects shall result in no net loss of
wetland acreage, functions, and values. Where feasible, wetland quality should be
improved.
(G) Wetlands that are impacted by activities of a temporary nature shall be restored
immediately upon project completion.
(H) In-kind replacement of functions and values is preferred. Where in-kind replacement
is not feasible or practical due to the characteristics of the existing wetland, substitute
resources of equal or greater ecological value shall be provided.
(I) On-site replacement of wetlands is preferred. Where on-site replacement is not
feasible or practical due to characteristics of the existing location, replacement shall
occur within the same watershed and proximity.
(J) Wetland restoration, creation and enhancement projects shall be completed prior to
wetland alteration, where possible. In all other cases, replacement shall be completed
prior to use or occupancy of the activity or development.
(K) Applicants shall develop comprehensive mitigation plans in order to ensure long term
success of the mitigation project. Such plans shall provide for sufficient monitoring and
contingencies to ensure wetland persistence.
(L) Applicants shall demonstrate sufficient scientific expertise, supervisory capability and
financial resources to complete and monitor the mitigation project.
(M) Proposals for restoration, creation or enhancement of wetlands shall be coordinated
with appropriate resource agencies to ensure adequate design and consistency with other
regulatory requirements.
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(N) Wetland buffer zones shall be retained in their natural condition. Where buffer
disturbance has occurred during construction, revegetation with native vegetation shall be
required. Developments and activities shall not be allowed within the buffer except for:
(i) Minor activities which are found to have no adverse impact on the wetland
functions or integrity;
(ii) Storm water management facilities having no feasible alternative location
outside of the buffer.
(O) The location of all required buffer zones shall be clearly and permanently marked on
any project site prior to initiation of site work.
(P) Wetland buffer zones shall be reserved as common open space and designated as
“native growth protection areas” where multiple ownership is involved and cooperative
management is possible.
(Q) For identifying and delineating a marsh, bog or swamp, applicants shall use the 1989
Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
(R) No development or activity including removing or disturbing soil, filling, changing
the water level, placing obstructions, constructing a structure, destroying or altering
vegetation or introducing pollutants may be permitted within a wetland or its buffer
unless authorized by a conditional use permit.
(S) For wetlands of exceptional resource value, the applicant, in addition to complying
with the provisions above, shall demonstrate that there is a compelling public need for the
proposed activity or that denial of the permit would impose an extraordinary hardship on
the applicant brought about by circumstances peculiar to the subject property.
(T) Wetland functions and values shall be determined by the Department as advised by
those with expertise.
(U) When wetland replacement is required, at a minimum, wetland acreage shall be
replaced at a ratio of acreage replaced to acreage lost of 3:1. For wetlands of exceptional
resource value, the minimum acreage replacement ratio shall be 6:1. Actual replacement
acreage will be determined case-by-case, based on the following criteria:
(i) Projected losses or gains in wetland functions, structures, and value;
(ii) Location of replacement wetlands;
(iii) The time required to reestablish lost functions;
(iv) The uncertainty of the probable success of the project;
(v) The type of compensation (enhancement proposals shall require twice the
acreage replacement as restoration and creation proposals); and
(vi) Variety of the wetland type being impacted.
(V) Acreage replacement may be authorized at 1:1 where it is found through special
studies coordinated with agencies with expertise, or through advance compensation, that
no net loss of wetland functions and values results.
(W) A compensation plan shall be required for developments or activities that result in
unavoidable and necessary wetland alterations. The plan shall include the following
elements:
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(i) Baseline information for the impacted wetland and the proposed replacement
site;
(ii) Environmental goals and objectives describing the purposes of the mitigation
measures, a description of the site selection criteria and identification of target
evaluation species and resource functions;
(iii) Performance standards including specific criteria for fulfilling goals and
objectives and for beginning remedial action or contingency measures;
(iv) Detailed construction plan including work schedule, revegetation
information, buffers, estimated cost, site plan with contours and elevation and
other information;
(v) Monitoring program outlining the approach for assessing a completed project
over a five-year period. A report shall be submitted annually, at a minimum
documenting milestones, success, problems and contingency actions; and
(vi) A contingency plan identifying potential courses of action and any
corrective measures to be taken when monitoring or evaluation indicates project
performance standards are not being met.
(X) Where restoration, creation or enhancement activities are proposed, the applicant
shall be required to:
(i) File a performance bond in an amount to enable the regulatory authority to
carry out the compensation plan should the applicant fail to do so;
(ii) Demonstrate that such compensation areas shall be permanently protected
through appropriate measures. (e.g. conservation easements, purchase, deed
restrictions, etc.)
(Y) A wetland buffer zone of 200 feet shall be required adjacent to wetland areas
identified by the Tribes as having exceptional resource functions and values, unless a
greater distance is required by other provisions of this program.
(e) Threatened and Endangered Fish Habitats:
(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:
(A) Structures that prevent the migration of fish shall not be allowed in the portions of
water bodies used by these fish or that have potential to provide fish habitat. Fish bypass
facilities shall allow upstream migration of adult fish. Fish bypass facilities shall prevent
fry and juveniles migrating downstream from being trapped or harmed.
(B) Unless the applicant demonstrates that bioengineering techniques will not be
successful, bulkheads and other shoreline protection structures (includes rip-rap) are
prohibited in habitat used by threatened and endangered species.
(C) Bulkheads, groins, rip-rap and other shoreline protection structures may intrude into
salmon and steelhead habitats only where the proponent demonstrates all of the following
conditions are met:
(i) Alternative alignment or location is not feasible;
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(ii) The project is designed to minimize its impacts on the environment;
(iii) The facility is in the resource's best interest;
(iv) If the project will create significant avoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the project. Where inkind replacement mitigation is not feasible, rehabilitating degraded habitat may
be required as a substitute.
(D) Docks, piers, pilings and floats may be located in water areas used by salmon and
steelhead for migration corridors, rearing, feeding and refuge, provided the facilities use
open piling construction. Approach fills shall be located landward of the OHWM. Docks,
piers, pilings and floats shall not be located in potential salmon and steelhead spawning
habitats.
(E) Open pile bridges are the preferred water crossing structures over salmon and
steelhead habitats. If a bridge is not feasible, one of the following water crossing
structures may be approved if the impacts are acceptable: temporary culverts, bottomless
arch culverts, elliptical culverts or round culverts. These structures are listed in priority
order, with the first having the highest preference and the last the lowest preference.
(F) Bridges and in-water utility corridors may be located in salmon and steelhead habitat
provided the proponent shows that all of the following conditions are met:
(i) An adverse alignment is not feasible;
(ii) The project is located and designed to minimize its impacts on the
environment;
(iii) Any adverse impacts are mitigated;
(iv) Any earth fill (the placement of fill) is located landward of the OHWM.
Open pilings and piers required to construct the bridge may be placed waterward
of the OHWM, if no alternative method is feasible, PROVIDED, that when
installing in-water utilities, the installer may place native material on the bed
and banks of the water body or wetland to reestablish the preconstruction
elevation and contour of the bed. The project shall be designed to minimize its
impacts on the environment.
(G) Projects which propose water withdrawals or diversions shall maintain adequate
flows within the water body to maintain threatened and endangered habitat, taking into
account existing and likely future withdrawals and diversions.
(H) Landfilling, channelization and other activities which negatively impact habitat
values are prohibited in wetlands, ponds and side channels which provide refuge or other
habitat for salmon, steelhead and/or other fish species.
(I) Within salmon and steelhead habitats, permanent channel changes and realignments
are prohibited.
(J) Aquaculture uses shall not be established in or expanded in salmon and steelhead
habitat, except for areas that are only used for migration corridors. This regulation only
applies to in-water aquaculture uses, not upland aquaculture uses.
(K) The removal of aquatic and riparian vegetation within or adjacent to salmon and
steelhead habitats shall be minimized. Shaded side channels, streams, rivers, ponds and
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19

wetlands used by salmon and steelhead shall be protected. Areas of disturbed earth shall
be revegetated.
(L) Unless removal is needed to prevent hazards to life and property or to enhance fish
habitat, large woody debris below the ordinary high water mark shall be left in the
waterway to provide salmon and steelhead habitat as determined by the Tribes' Fish and
Wildlife Department.
(M) Outfalls (pipes discharging to surface waters) within or upstream of salmon or
steelhead spawning areas shall be designed and constructed to minimize disturbance of
salmon and steelhead spawning beds.
(N) Natural channel, shoreline, and floodplain creation processes and other natural
floodplain functions that protect, create, and maintain habitat for threatened and
endangered species shall be retained.
(O) Loss of hydraulic, geomorphic, and ecological functions of floodplains and stream
channels shall be minimized.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-15

General Vegetation Management Use Restrictions and Conditions
(a) Vegetation management involves a variety of management strategies. The overall intent of the following
Code section is to minimize habitat loss and lessen the impact of invasive plants, erosion, sedimentation and
flooding.
(b) Restoration plans for disturbed sites within the Riparian Management Zone are required and shall include
the following:
(1) Specifications for planting;
(2) Detailed site plan;
(3) Schedule of implementation;
(4) Plans regarding irrigation, weed management, and site maintenance.
(c) The following Code sub-sections apply to all shoreline uses and activities:
(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.
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(7) Beach enhancement is prohibited in the following circumstances:
(A) Within spawning, nesting or breeding habitat identified by the Tribes' Fish and
Wildlife Department;
(B) Where littoral drift (movement of materials by water currents) of the enhancement
materials will adversely affect adjacent spawning grounds or other areas of biological
significance;
(C) When such enhancement will interfere with the normal public use of the navigable
waters of the Reservation; and/or
(D) Where the activity is in support of a nonconforming use unless such activities are
necessary to maintain shoreline stability and the natural ecology;
(E) Within identified cultural resource areas or cultural resource sites;
(F) Where the activity may cause a violation of CTC 4-8 Water Quality Standards.
(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.
(d) Within 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.
(e) Within 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.
(f) Within 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

(August 2022)

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4-15-16

General View Protection Use Restrictions and Conditions
(a) Visual access to shoreline areas is an important part of the beauty of the Reservation. Protection and
enhancement of existing views and provision of new shoreline views are important components of this shoreline
management plan.
(b) All uses and activities shall be subject to the following:
(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.

4-15-17

Shoreline Use Activities
(a) The following sections, 4-15-17 through 4-15-31, set forth categories of use activities typically found in
shoreline areas and provide Code restrictions specific to these use activities: Agriculture (including livestock
grazing), Boating Facilities, Commercial, Industrial, Landfill, Mining, Recreational, Residential, Shoreline
Stabilization and Flood Protection, Solid Waste Disposal, Transportation, Aquaculture and Forest Practices. The
Code along with the goals, policies and management guidelines contained in the Shoreline Management Plan,
provide basic rules for approving, approving with conditions or denying shoreline permit applications. The
requirements of sections 4-15-17 through 4-15-31 are supplemental to the shoreline restrictions and conditions
outlined in Code sections 4-15-7 through 4-15-16.
(b) Each use activity sub-section is separated into two parts:
(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
(c) These sub-sections were developed with consideration given to each shoreline designation and with
recognition of the needs and desires of Tribal members.

4-15-18

Use Activities Charts—Permits and Dimensional Standards
A “Use and Activity Chart” and a “Setback, Height, and Dimensional Requirements Chart” have been created
to visually demonstrate both the shoreline permit requirements and the dimensional requirements for all
structures, uses, and activities subject to this Chapter. Specifically, the “Use and Activity Chart” indicates, by
shoreline designation, which use activities require a shoreline development permit, a conditional use permit, are
exempt from permit requirements or are prohibited. Regardless of permit status, all uses and activities initiated
subsequent to enactment of this Chapter must comply with applicable goals, policies and regulations contained
in this Shoreline Management Chapter, whether permitted by shoreline development permit, conditional use
permit or exempt from permit processes.
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The “Setback, Height, and Dimensional Requirements Chart” indicates setback, height, and other dimensional
requirements for structures, uses and activities in each shoreline designation.
These charts shall be available upon request from the Tribes' Planning Department. All interested parties are
encouraged to review these charts to determine their applicable shoreline permit and dimensional requirements,
in addition to reviewing Code section 4-15-18 through the end of this Chapter.
4-15-19

Agriculture Use Restrictions and Conditions
(a) Agriculture refers to all methods of livestock, tree fruit, crop, vegetation and soil management. These
include but are not necessarily limited to the related activities of tilling, fertilizer application, soil preparation
and maintenance, harvesting and the control of weeds, plant diseases and insect pests. Also included are animal
husbandry practices associated with the grazing, feeding, housing, maintenance and marketing of animals such
as beef cattle, milk cows, breeding stock, horses and poultry and their by-products. Facilities contained within
this category include, but are not limited to, storage, feed lots, fences and ditches. Excluded are agricultural
processing industries that are considered industrial uses for the purposes of shorelines planning.
(b) Requirements applicable in all shoreline designations:
(1) All agricultural uses are required to prepare farm or range management plans.
(A) Agricultural uses that receive approval of farm and range management plans may
receive greater flexibility in the establishment of setbacks, permitted uses and
development. All such farm and range management plans shall at a minimum address the
following:
(i) Water resource use - when and how;
(ii) Impact on traditional plants and riparian vegetation impact on soil, stream
channels, and stream banks;
(iii)) Water quality impacts;
(iv) Consistency with other uses;
(v) Consistency with IRMP and shoreline goals, policies and guidelines;
(vi) Timing and number of livestock - when and where;
(vii) Known cultural sites, cultural resources, archeological/historical resources,
and archeological/historical sites;
(viii) Weed control.
(ix) A Plan of Conservation Operation approved by the Bureau of Indian Affairs
may satisfy the requirement for a farm or range management plan.
(2) Requirements specific to grazing uses:
(A) Grazing uses are specifically required to prepare range management plans within five
years of the enactment of this Chapter. Following expiration of this five-year “grace
period” grazing uses must submit a range management plan or conform to the
requirements of this Chapter.
(B) Grazing within shoreline areas shall only be permitted subject to compliance with
tribal grazing practices regulations and all other applicable tribal and federal regulations.
The following minimum standards shall apply to such grazing practices:

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(i) Water sources for all stock shall be available away from surface water
sources;
(ii) Areas identified as environmentally sensitive by the Tribal Natural
Resources Department shall be fenced to preclude livestock use;
(iii) Salt blocks and other livestock attractions shall be placed at upland
locations to prevent impacts to shoreline areas from concentrated livestock
activity;
(iv) All livestock shall be actively managed, through bi-weekly monitoring and
movement to minimize impacts on shoreline resources.
(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 non-conforming 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 non-conforming use for the purpose of regulation.
(9) A permanent buffer of 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 one-hundred (100) 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:
(A) Suitable bridges, ramps, culverts, or hardened rock crossings for stock crossing;
(B) Ample supplies of clean water in tanks on dry land for stock watering; and
(C) Fencing or other grazing controls to prevent overgrazing and damage to buffer
vegetation, bank compaction, or bank erosion.
(11) Manure spreading for fertilization shall be kept back a minimum of one-hundred (100) 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
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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 shoreline areas is prohibited. 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 be conducted in a manner to prevent the direct
entry of chemicals or runoff of chemical laden waters into water bodies. Adequate provisions,
including imposition of setbacks from the OHWM shall be made to prevent their entry into any body
of water.
(c) Shoreline Designation Specific Requirements: Agricultural use activities and development shall comply with
the following designation specific requirements and those set forth in the “Use and Activity Chart” and the
“Setback, Height, and Dimensional Requirements.”
(1) In Natural and Conservancy Designations, the removal of native and other existing vegetation
(except for noxious weeds) in the setback areas required within the Natural and Conservancy
designations 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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-20

Boating Facilities Use Restrictions and Conditions
(a) Boating facilities include but are not limited to: marinas; boat launch ramps (public and private); wet and dry
storage; related sales and service for pleasure and commercial water craft; and, community and public docks.
(b) Requirements applicable in all shoreline designations:
(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 wetlands, and to minimize disruption of shoreline accretion and erosion processes.
(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:
(A) Existing natural shoreline and backshore features and uses;
(B) Geohydraulic processes and characteristics;
(C) Biological resources and habitats in the shoreline area;
(D) Cultural resources and traditional uses;
(E) Area of surface waters appropriated;
(F) Site orientation; exposure to wind, waves, flooding, erosion; type and extent of shore
defense works or shoreline stabilization and flood protection necessary;
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(G) Impact upon existing shoreline and water uses including public access and recreation;
(H)The regional need for facilities; and
(I) The design of the facilities, including the provisions for the prevention and control of
fuel spillage, storm water runoff and a landscaping plan.
(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) Floating docks shall be marked with owner identification and shall be moored minimizing
disturbance to the shoreline, and riparian and aquatic vegetation.
(16) All existing boat launch ramps and docks constructed without the appropriate approval from the
Tribes shall be removed on or before January 1, 2003.
(17) 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.”
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-21

Commercial Activity Use Restrictions and Conditions
(a) Commercial use activities and development means those activities that are involved in wholesale, retail,
service, and business trade. Included are such activities as hotels, motels, gaming facilities, grocery markets,
shopping centers, restaurants, gas stations, shops, and recreation facilities (private and public).
Excluded from this category are residential and recreational subdivisions, boating and marina facilities, ports
and industry, and mining activities.
(b) Requirements applicable in all shoreline designations:
(1) All new commercial use activities and developments should be located outside the shoreline area
where possible. Commercial developments shall be prohibited over water, except for approved boating
facilities.

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(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 outside the shoreline area, 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 within the shoreline area, in descending order of preference
are:
(A) Water-dependent uses;
(B) Water-related uses;
(C) Water-enjoyment uses;
(D) Non-water oriented uses.
(8) The Tribes shall require and utilize the following information in its review of commercial
development proposals:
(A) Specific nature of the commercial activity;
(B) Need for shoreline frontage;
(C) Special considerations for enhancing the relationship of the activity to the shoreline;
(D) Provisions for public visual and/or physical access to the shoreline;
(E) Provisions to ensure that the development will not cause substantial negative
environmental impacts; and
(F) Benefit to the Tribes.
(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
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other than this management plan. However, as leases are renewed, re-development plans approved,
existing structures converted to commercial use or other conditions exist that result in a change of
practice, any continued use must be done in compliance with this management program.
(c) Shoreline Designation Specific Requirements: Commercial use activities and development shall comply
with the following designation specific requirements and those set forth in the “Use and Activity Chart” and the
“Setback, Height, and Dimensional Requirements Chart.”
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-22

Industrial Activity Use Restrictions and Conditions
(a) Industrial developments are facilities for processing, manufacturing, and storage of agricultural and forest
products, finished and semi-finished goods, removal of gravel and generation of electrical power. This includes
the processing and packaging of agricultural products, processing of forest products, mining and processing of
gravel, generation of electrical power through combustion of natural gas, wood waste or solid waste,
manufacture of molded or cast concrete or asphalt products, or asphalt mixing and concrete batching operations.
(b) Requirements applicable in all shoreline designations:
(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, or maintained in natural vegetation,
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 outside the
shoreline area. 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, re-development plans approved, existing
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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.
(c) Shoreline Designation Specific Requirements: Industrial use activities and development shall comply with
the requirements set forth in the Use and Activity Chart and the Setback, Height, and Dimensional
Requirements Chart.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-23

Earth Fill Use Restrictions and Conditions
(a) “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).
(b) Requirements applicable in all shoreline designations:
(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 or flood storage 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 shoreline 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 sedimenttransport,
both during initial earth fill activities and over time.
(4) Applications for earth fill permits shall include the following:
(A) Proposed use of the earth fill area;
(B) Physical, chemical and biological characteristics of the fill material;
(C) Source of earth fill material;
(D) Method of placement and compaction;
(E) Location of earth fill relative to natural or existing drainage patterns;
(F) Location of the perimeter relative to the OHWM;
(G) Perimeter erosion control or stabilization means; and
(H) Type of surfacing and runoff control devices.
(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 sediment
transport 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.
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(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:
(A) Result in significant damage to water quality, fish, and/or riparian wildlife habitat; or
(B) Adversely alter natural surface water drainage and circulation patterns, currents, river
flows or significantly reduce flood water capacities.
(11) Where earth fill is permitted, the fill shall be the minimum necessary to provide for the proposed
use.
(c) Shoreline Designation Specific Requirements: Earth fill activities shall comply with shoreline designation
specific requirements set forth in the “Use and Activity Chart” and the “Setback, Height, and Dimensional
Requirements Chart” and detailed below:
(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.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-24

Mining Use Restrictions and Conditions
(a) Aggregate development and precious/based metals exploration, mining, and milling operations are subject to
the provisions of CTC 4-6 Aggregate Development Reclamation Act.
(b) Requirements applicable in all shoreline designations: Mining and aggregate development is prohibited in
the shoreline areas of the Reservation.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-25

Recreational Development Use Restrictions and Conditions
(a) Recreational development provides opportunities for play, sports, relaxation, amusement or contemplation.
It includes facilities for recreational activities such as hiking, canoeing, kayaking, photography, viewing and
fishing. It also includes facilities for more intensive uses such as parks, campgrounds, golf courses and other
outdoor recreation areas. This section applies to both publicly and privately owned shoreline facilities intended
for use by the public or a private club, group or association.
(b) Requirements applicable in all shoreline designations:
(1) The use of shoreline street ends for access and recreational development shall be considered when
appropriate.
(2) 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.
(3) 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
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should be given to those projects which complement their environment and surrounding land and water
uses and which leave natural areas undisturbed.
(4) Recreational facilities shall make adequate provisions for:
(A) Access, both inside and outside the development;
(B) Proper water, solid waste and sewage disposal methods in accordance with Chapters
4-5 and 4-13 of the Colville Tribal Code;
(C) Security and fire protection;
(D) The prevention of overflow and trespass onto adjacent properties, including but not
limited to: landscaping; buffering; fencing; and, posting of the property; and.
(E) Parking.
(5) Facilities for recreational activities shall be permitted only where sewage disposal and garbage
disposal can be accomplished without adversely affecting the shoreline resource.
(6) 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.
(7) Trails and pathways in shoreline areas shall be designed to minimize impacts to shorelines,
floodplains, and wetlands.
(8) All proposed recreational developments shall be analyzed for their potential effect on shoreline
environmental quality, natural resources and historical/cultural resources.
(9) 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.
(10) Favorable consideration shall be given to developments that provide public recreational uses and
which facilitate public access to shorelines.
(11) Perimeters of parking areas shall be landscaped to minimize visual impacts to the shorelines,
roadways and adjacent properties.
(12) Recreational developments shall provide facilities for non-motorized access, such as pedestrian or
bicycle paths to link upland recreation areas to the shoreline.
(13) All permanent recreational structures and facilities shall be located outside the shoreline area.
(14) Accessory facilities, such as restrooms, recreation halls, commercial services, access roads and
parking areas shall be located outside of the shoreline area unless it can be shown that such facilities
are shoreline dependent. These areas shall be linked to the shoreline by walkways.
(15) For recreation developments that will require the use of fertilizers, pesticides or other toxic
chemicals, such as golf courses and playfields, 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.
(16) 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.
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(17) No recreation building or structure, except piers, docks, or bridges shall be built over the water.
(18) 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.
(19) 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.
(20) 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.
However, as leases are renewed, re-development 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 provisions of this code.
(c) Shoreline Designation Specific Requirements: Recreational use activities and development shall comply
with the requirements set forth in the “Use and Activity Chart” and “Setback, Height, and Dimensional
Requirements Chart”
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-26

Residential Development Use Restrictions and Conditions
(a) Residential development means the division and/or subdivision of land for residential use and/or the
construction or exterior alteration of one or more buildings or structures or portions thereof, which are designed
for and used to provide a place of abode for human beings, including one and two family detached dwellings,
multifamily residences, row houses, townhouses, mobile home parks, planned developments and subdivisions,
and other similar group housing, together with accessory uses and structures normally common to residential
uses (including decks, garages, and fences). Residential development shall not include hotels, motels, or any
type of overnight or temporary housing or camping facilities.
(b) Requirements applicable in all shoreline designations:
(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
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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
Chapters 4-5 and 4-10 of the Colville Tribal Code.
(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) All livestock enclosures associated with residential developments are prohibited within the
shoreline area.
(15) Residential development in shoreline areas shall meet the dimensional requirements established in
the Setback, Height, and Dimensional Requirements Chart. 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, re-development 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.
(c) Shoreline Designation Specific Requirements: Residential development shall comply with the environment
specific requirements set forth in the “Use and Activity Chart” and the “Setback, Height, and Dimensional
Requirements Chart.”
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(1) Within High Intensity and Medium Intensity Designations,single family residential development is
permitted (exempt) subject to the Code sections contained herein. Single family development greater
than thirty-five (35) feet high requires approval of both a shoreline development permit and shoreline
variance permit. Duplexes are permitted subject to approval of a shoreline development permit.
Multifamily development is permitted subject to approval of a conditional use permit.
(2) Within Rural Agricultural and Recreational Residential Designations,single family residential
development is permitted (exempt) subject to the regulations contained herein. Single family
development greater than thirty-five (35) feet high requires approval of a shoreline development permit
and shoreline variance permit. Duplexes and multi-family residential developments are permitted
subject to approval of a conditional use permit.
(3) Within Conservancy Designation
(A) Single family residential development is permitted (exempt) subject to the
regulations contained herein.
(B) Single family development greater than twenty-five (25) feet high requires a
shoreline variance permit. Single family development greater than thirty-five (35) feet
high requires approval of both a shoreline development permit and a shoreline variance
permit.
(C) Duplexes and multifamily residential development are prohibited.
(D) Within Natural Designation, new residential uses are prohibited.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-27

Shoreline Stabilization and Flood Protection
(a) Shoreline stabilization and flood protection are actions taken to reduce adverse impacts caused by current,
flood, wake or wave action. These actions include all structural and non-structural means to reduce impacts due
to flooding, erosion and accretion. Specific structural and non-structural means included in this use activity are
riprap, bulkheads, barbs, and groins, bank stabilization and other means of shoreline protection.
(b) When appropriate, proposals for shoreline stabilization and flood protection shall conform to other
applicable use and activity requirements in this Chapter, including earth fill, transportation facilities, and
mining.
(c) Requirements applicable in all shoreline designations:
(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
and flood protection shall be prohibited.
(3) Shoreline stabilization and flood protection works shall be located, designed, constructed and
maintained to provide:
(A) Protection of the physical integrity of shoreline fluvial and hydrologic processes and
other properties;
(B) Protection of water quality and natural ground water movement;
(C) Protection of valuable fish and wildlife habitat;
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(D) Protection of cultural resources;
(E) Preservation of valuable recreation resources and aesthetic values such as point and
channel bars, islands, braided streamway banks, other shoreline features and scenery; and
(F) Upon completion, restoration of shoreline areas to as near preproject configuration as
possible, reestablishing vegetation with native species.
(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 ongoing shore processes and more flexible for long term shoreline 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 non-structural 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
shoreline 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:
(A) Purpose of project;
(B) Hydraulic characteristics of river within a minimum of one-half mile on each side of
proposed project;
(C) Existing shoreline stabilization and flood protection devices within a minimum of
one-half mile on each side of proposed project;
(D) Construction material and methods;
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(E) Physical, geological and/or soil characteristics of the area;
(F) Predicted impact upon area shore and hydraulic processes, adjacent properties and
shoreline and water uses; and
(G) Alternative measures (including non-structural) which will achieve the same purpose.
(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.
(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 length and height to the minimum 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.”
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

4-15-28

Solid Waste Disposal Use Restrictions and Conditions
(a) Solid waste disposal includes any biodegradable or non-biodegradable material discarded as unwanted.
(b) Requirements applicable in all shoreline designations:
(1) Shorelines shall not be used for any sanitary landfill operations or the disposal of solid wastes.
(2) Approved solid waste facilities (garbage collection) in shoreline areas shall fully comply with the
CTC Chapter 4-13 Solid Waste.
(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.
(5) Outhouses are considered on-site sewage systems subject to the provisions of CTC 4-5 On-site
Wastewater Treatment and Disposal. Where feasible, outhouses shall be located outside the shoreline
area. Outhouses shall not be located within the 100-year floodplain of any water.
(Amended 6/6/19. Resolution 2019-324, Certified 6/12/19)

(August 2022)

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4-6-29

Transportation
(a) Transportation facilities are those structures and developments that aid in land, air, and water surface
movement of people, goods and services. They include roads and highways, bridges and causeways, bikeways,
trails, railroad facilities, airports and other related facilities. (See General Regulations for parking areas).
(b) Requirements applicable in all shoreline designations:
(1) Proposals for shoreline transportation facilities shall adequately demonstrate the following:
(A) Need for a location within the shoreline areaand that no reasonable alternative exists;
(B) That the construction is designed to protect the adjacent shoreline against erosion,
uncontrolled or polluting drainage and other factors detrimental to the environment both
during and after construction;
(C) That the project has been designed to fit the existing topography as much as possible,
thus minimizing alterations to the natural environment;
(D) That all debris, overburden and other waste materials from construction will be
handled, maintained, and disposed of in such a way as to prevent their entry into any
water body.
(2) All transportation facilities in shoreline areas 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.
(3) Major highways and railways shall be located away from shoreline areas.
(4) Road locations shall be plan

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_colville%3Aaefbacf87db27e0e. Public record. Not legal advice.