STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (2025)

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

LAND DEVELOPMENT CODE

CONFEDERATED TRIBES

OF THE

UMATILLA INDIAN RESERVATION

LAND DEVELOPMENT CODE

PAGE 1

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

CHAPTER 1. INTRODUCTORY PROVISIONS ................................................................................ 8

SECTION 1.005

Recitals ....................................................................................................8

SECTION 1.010

Title .........................................................................................................9

SECTION 1.015

Declaration of Need ................................................................................9

SECTION 1.020

Purpose....................................................................................................9

SECTION 1.025

Superiority of the Code ...........................................................................9

SECTION 1.030

Severability .............................................................................................9

SECTION 1.035

Scope of the Code ...................................................................................9

SECTION 1.040

Master Zoning Map...............................................................................10

SECTION 1.045

Zoning Boundaries ................................................................................10

SECTION 1.050

Amendments .........................................................................................10

SECTION 1.060

Existing Uses ........................................................................................10

SECTION 1.065

Prohibited Use.......................................................................................10

SECTION 1.070

Emergency ............................................................................................10

CHAPTER 2. ESTABLISHMENT OF ZONES ................................................................................. 11

SECTION 2.010

Classification of Zones .........................................................................11

SECTION 2.015

Overlay Zones .......................................................................................11

SECTION 2.020

Definitions.............................................................................................12

CHAPTER 3. USE ZONES ................................................................................................................. 29

SUB-CHAPTER A. AG-1 -- EXCLUSIVE FARM USE ....................................................... 29

SECTION 3.010

Description and Purpose .......................................................................29

SECTION 3.015

Acreage-Dimensional Standards ...........................................................29

SECTION 3.020

Setbacks ................................................................................................29

SECTION 3.025

Uses Permitted ......................................................................................29

SECTION 3.030

Conditional Uses Allowed ....................................................................30

SUB-CHAPTER B. AG-2 -- FARM PASTURE ZONE ......................................................... 31

SECTION 3.035

Description and Purpose .......................................................................31

SECTION 3.040

Acreage-Dimensional Standards ...........................................................31

SECTION 3.045

Setbacks ................................................................................................31

SECTION 3.050

Uses Permitted ......................................................................................31

SECTION 3.055

Conditional Uses Permitted ..................................................................32

SUB-CHAPTER C. AG-3 -- SMALL FARM ZONE ............................................................. 33

SECTION 3.060

Description and Purpose .......................................................................33

SECTION 3.065

Acreage-Dimensional Standards ...........................................................33

SECTION 3.070

Setbacks ................................................................................................33

SECTION 3.075

Uses Permitted ......................................................................................33

SECTION 3.080

Conditional Uses Permitted ..................................................................34

SUB-CHAPTER D. AG-4 -- AGRI-BUSINESS ZONES ....................................................... 35

SECTION 3.085

Description and Purpose .......................................................................35

SECTION 3.090

Acreage-Dimensional Standards ...........................................................35

SECTION 3.095

Setbacks ................................................................................................35

SECTION 3.100

Uses Permitted ......................................................................................35

SECTION 3.105

Conditional Uses Permitted ..................................................................36

SUB-CHAPTER E. R-1 -- RURAL RESIDENTIAL ZONE .................................................. 37

SECTION 3.110

Description and Purpose .......................................................................37

SECTION 3.115

Acreage-Dimensional Standards ...........................................................37

SECTION 3.120

Setbacks ................................................................................................37

SECTION 3.125

Requirements for Use ...........................................................................37

SECTION 3.130

Uses Permitted ......................................................................................37

SECTION 3.135

Conditional Uses Permitted ..................................................................38

LAND DEVELOPMENT CODE

PAGE 2

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER F. R-2 -- GENERAL RURAL ZONE ......................................................... 39

SECTION 3.140

Description and Purpose .......................................................................39

SECTION 3.145

Acreage-Dimensional Standards ...........................................................39

SECTION 3.150

Setbacks ................................................................................................39

SECTION 3.155

Uses Permitted ......................................................................................39

SECTION 3.160

Conditional Uses Permitted ..................................................................40

SUB-CHAPTER G. I-D -- INDUSTRIAL DEVELOPMENT ZONE .................................... 41

SECTION 3.165

Description and Purpose .......................................................................41

SECTION 3.170

Acreage-Dimensional Standards ...........................................................41

SECTION 3.175

Setbacks ................................................................................................41

SECTION 3.180

Requirement for Use .............................................................................41

SECTION 3.185

Uses Permitted ......................................................................................42

SECTION 3.190

Conditional Uses Permitted ..................................................................43

SUBCHAPTER H. C-D - COMMERCIAL DEVELOPMENT ZONE .................................. 44

SECTION 3.195

Description and Purpose .......................................................................44

SECTION 3.200

Acreage-Dimensional Standards ...........................................................44

SECTION 3.205

Setbacks ................................................................................................44

SECTION 3.210

Uses Permitted ......................................................................................44

SECTION 3.215

Conditional Uses Permitted ..................................................................46

SUB-CHAPTER I. P-1 -- PUBLIC USE ZONE ..................................................................... 47

SECTION 3.220

Description and Purpose .......................................................................47

SECTION 3.225

Acreage-Dimensional Standards ...........................................................47

SECTION 3.230

Setbacks ................................................................................................47

SECTION 3.235

Uses Permitted ......................................................................................47

SECTION 3.240

Conditional Uses Allowed ....................................................................48

SUB-CHAPTER J. P-1 OVERLAY -- U.I.R. PUBLIC USE OVERLAY ZONE .................. 49

SECTION 3.2410

Description and Purpose .......................................................................49

SECTION 3.2420

Acreage-Dimensional Standards ...........................................................49

SECTION 3.2430

Setbacks ................................................................................................49

SECTION 3.2435

General Standards .................................................................................49

SECTION 3.2440

Uses Allowed ........................................................................................49

SECTION 3.2443

Uses Permitted ......................................................................................49

SECTION 3.2445

Conditional Uses Allowed ....................................................................50

SUB-CHAPTER K. F-2 -- RESTRICTED INDIAN FORESTS............................................. 51

SECTION 3.245

Description and Purpose .......................................................................51

SECTION 3.250

Acreage-Dimensional Standards ...........................................................51

SECTION 3.255

Setbacks ................................................................................................51

SECTION 3.260

Uses Permitted ......................................................................................51

SECTION 3.265

Conditional Uses Permitted ..................................................................51

SUB-CHAPTER L. G-1 -- BIG GAME WINTER GRAZING ZONES ................................. 52

SECTION 3.270

Description and Purpose .......................................................................52

SECTION 3.275

Acreage-Dimensional Standards ...........................................................52

SECTION 3.280

Setbacks ................................................................................................52

SECTION 3.285

Uses Permitted ......................................................................................52

SECTION 3.290

Conditional Uses Permitted ..................................................................53

SUB-CHAPTER M. FHO -- FLOOD HAZARD SUBDISTRICT ......................................... 54

SECTION 3.294

General Information ..............................................................................54

SECTION 3.295

Purpose..................................................................................................54

LAND DEVELOPMENT CODE

PAGE 3

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.300

SECTION 3.305

SECTION 3.306

SECTION 3.307

SECTION 3.308

SECTION 3.309

SECTION 3.310

SECTION 3.311

SECTION 3.312

SECTION 3.315

SECTION 3.320

SECTION 3.325

SECTION 3.326

SECTION 3.327

SECTION 3.328

SECTION 3.329

SECTION 3.330

SECTION 3.332

SECTION 3.333

SECTION 3.334

SECTION 3.335

SECTION 3.336

SECTION 3.340

Compliance ...........................................................................................54

Location of Flood Hazard Overlay Zone ..............................................55

Floodways .............................................................................................55

Before Floodway ...................................................................................55

Standards for Protection of SFHA Floodplain Function.......................55

No Net Loss Standards..........................................................................55

Stormwater Management ......................................................................58

Activities Exempt from No Net Loss Standards ...................................59

Riparian Buffer Zone (RBZ) .................................................................59

Limitations on All Uses ........................................................................60

Limitations on Fill.................................................................................60

Limitations on Structures ......................................................................60

Residential Structures ...........................................................................61

Manufactured Structures .......................................................................61

Nonresidential Construction .................................................................62

Recreational Vehicles ...........................................................................62

Limitations on Storage of Material and Equipment ..............................62

Subdivision Proposals ...........................................................................63

Water Dependent Uses and Structures ..................................................63

Critical Facilities ...................................................................................63

Procedure ..............................................................................................63

Standards for Shallow Flooding Areas (AO) Zones .............................64

Destruction of Nonconforming Use or Structures ................................65

SUB-CHAPTER N. P-2 – PUBLIC FACILITIES ZONE ...................................................... 66

SECTION 3.400

Description and Purpose .......................................................................66

SECTION 3.405

Property Development Standards .........................................................66

SECTION 3.410

Setbacks ................................................................................................66

SECTION 3.415

Permitted Uses ......................................................................................66

SECTION 3.420

Conditional Uses Permitted ..................................................................67

SUB-CHAPTER O. CR-1 – COMMUNITY RESIDENTIAL ZONE .................................... 68

SECTION 3.425

Description and Purpose .......................................................................68

SECTION 3.430

Acreage Dimensional Standards ...........................................................68

SECTION 3.435

Setbacks ................................................................................................68

SECTION 3.440

Requirements for Use ...........................................................................68

SECTION 3.445

Uses Permitted ......................................................................................68

SECTION 3.450

Conditional Uses Permitted ..................................................................69

SUB-CHAPTER P. NR – NEIGHBORHOOD RESIDENTIAL ZONE................................. 70

SECTION 3.500

Description and Purpose .......................................................................70

SECTION 3.505

Acreage Dimensional Standards ...........................................................70

SECTION 3.510

Setbacks ................................................................................................70

SECTION 3.515

Requirements for All Uses ....................................................................70

SECTION 3.520

Uses Permitted ......................................................................................71

SECTION 3.525

Conditional Uses ...................................................................................72

SUB-CHAPTER Q. NS – NEIGHBORHOOD SERVICES ZONE ....................................... 73

SECTION 3.540

Description and Purpose .......................................................................73

SECTION 3.545

Acreage Dimensional Standards ...........................................................73

SECTION 3.550

Setbacks ................................................................................................73

SECTION 3.555

Requirements for All Uses ....................................................................73

SECTION 3.560

Uses Permitted ......................................................................................74

SECTION 3.565

Standards for Neighborhood Services and Commercial Uses ..............74

CHAPTER 4. SUPPLEMENTARY MANUALS AND PLANNING ACTIVITIES ......................... 76

SECTION 4.000

Description and Purpose .......................................................................76

LAND DEVELOPMENT CODE

PAGE 4

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 4.005

SECTION 4.010

SECTION 4.015

SECTION 4.020

SECTION 4.025

SECTION 4.030

SECTION 4.035

SECTION 4.045

SECTION 4.046

Building Codes......................................................................................76

Sewage Disposal ...................................................................................77

Domestic Water System ........................................................................77

Subdivisions ..........................................................................................77

Forest Practices .....................................................................................77

Range Planning and Development ........................................................77

Agriculture ............................................................................................77

Mining, Quarrying, or other Extracting Activity; Policies ...................79

Criteria and Standards for Mining Zones..............................................80

CHAPTER 5. NON-CONFORMING USES ....................................................................................... 81

SECTION 5.010

Non-Conforming Lots of Record ..........................................................81

SECTION 5.020

Non-Conforming Uses of Land ............................................................81

SECTION 5.030

Non-Conforming Structures..................................................................81

SECTION 5.040

Non-Conforming Uses of Structure and Land ......................................82

CHAPTER 6. CONDITIONAL USES ................................................................................................ 83

SECTION 6.010

Authorization to Grant or Deny Conditional Uses ...............................83

SECTION 6.015

Circumstances for Granting a Conditional Use ....................................83

SECTION 6.020

Procedure for Taking Action on a Conditional Use..............................83

SECTION 6.025

Time Limit on a Conditional Use .........................................................84

SECTION 6.030

Time Limit on Reapplication ................................................................84

SECTION 6.035

Suggested Standards Governing Conditional Uses...............................84

CHAPTER 7. P.U.D. PLANNED UNIT DEVELOPMENT............................................................... 85

SECTION 7.100

Description and Purpose .......................................................................85

SECTION 7.200

Types of Planned Unit Developments ..................................................85

SECTION 7.300

Approvals Required ..............................................................................85

SECTION 7.350

Approval Criteria ..................................................................................85

SECTION 7.400

Permitted Uses ......................................................................................86

SECTION 7.500

Development Standards ........................................................................86

SECTION 7.600

Application Procedures .........................................................................87

SECTION 7.620

Sketch Plan............................................................................................87

SECTION 7.640

Tentative Plan .......................................................................................87

SECTION 7.650

Final Plat ...............................................................................................88

SECTION 7.700

Recording the Final Plat........................................................................88

SECTION 7.800

Appeals .................................................................................................88

CHAPTER 8. VARIANCES ............................................................................................................... 89

SECTION 8.010

Authorization to Grant or Deny Variances ...........................................89

SECTION 8.015

Circumstances for Granting a Variance ................................................89

SECTION 8.016

Granting a Variance to the Flood Hazard Overlay Zone

Requirements ........................................................................................89

SECTION 8.020

Procedure for Taking Action on a Variance Application .....................90

SECTION 8.025

Time Limit on a Permit for a Variance .................................................91

SECTION 8.030

Time Limit on Reapplication ................................................................91

CHAPTER 9. ZONE CHANGE, AMENDMENTS ............................................................................ 92

SECTION 9.000

Amendments .........................................................................................92

SECTION 9.005

Application ............................................................................................92

SECTION 9.010

Public Hearing on an Amendment ........................................................92

SECTION 9.015

Standards for Zone Change ...................................................................92

SECTION 9.017

Action by the Board of Trustees ...........................................................92

SECTION 9.020

Record of Amendments ........................................................................92

SECTION 9.025

Resolution of Intent to Rezone .............................................................93

CHAPTER 10. SITE PLAN REVIEW ................................................................................................ 94

SECTION 10.005

Site Plan Review ...................................................................................94

LAND DEVELOPMENT CODE

PAGE 5

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 10.010

SECTION 10.015

SECTION 10.020

SECTION 10.025

SECTION 10.030

Elements of Site Plan ............................................................................94

Site Plan Approval Required ................................................................94

Site Plan: Contents and Procedures .....................................................94

Decision on Final Site Plan ...................................................................95

Site Plan Criteria ...................................................................................95

CHAPTER 11. LAND PROTECTION PLANNING COMMISSION .............................................. 97

SECTION 11.005

Land Protection Planning Commission ................................................97

SECTION 11.010

General Powers of the Commission......................................................97

SECTION 11.015

Special Powers of the Commission.......................................................97

SECTION 11.020

Authorization for Similar Uses .............................................................97

CHAPTER 12. ADMINISTRATIVE PROVISIONS ........................................................................ 98

SECTION 12.001

Introduction ...........................................................................................98

SECTION 12.005

Code Administration .............................................................................98

SECTION 12.010

Administrative Actions .........................................................................98

SECTION 12.012

Permit Review.......................................................................................98

SECTION 12.015

Permit Requirements .............................................................................99

SECTION 12.017

Permit Application ................................................................................99

SECTION 12.018

Application for Development Permit in Flood Hazard Overlay

Zone ......................................................................................................99

SECTION 12.020

Duration of Permit ................................................................................99

SECTION 12.025

Extension.............................................................................................100

SECTION 12.030

Temporary Permit ...............................................................................100

SECTION 12.035

Fees .....................................................................................................100

SECTION 12.040

Site Plan Review .................................................................................100

SECTION 12.050

Special Flood Hazard Area Information to be Obtained and

Maintained ..........................................................................................101

SECTION 12.055

Alteration of Water Courses ...............................................................101

SECTION 12.060

Interpretation of Firm Boundaries ......................................................101

CHAPTER 13 HEARINGS ............................................................................................................... 102

SECTION 13.005

Purpose................................................................................................102

SECTION 13.010

Hearings Body Order ..........................................................................102

SECTION 13.015

Hearing Date .......................................................................................102

SECTION 13.020

Notice of Hearing ................................................................................102

SECTION 13.025

Contents of Notice ..............................................................................102

SECTION 13.030

Filing of Staff Report for Hearing ......................................................102

SECTION 13.035

Burden of Proof...................................................................................103

SECTION 13.040

Nature of Evidence .............................................................................103

SECTION 13.045

Limitation on Oral Presentations ........................................................103

SECTION 13.050

Standing ..............................................................................................103

SECTION 13.055

Record .................................................................................................103

SECTION 13.060

Prohibition on Pre-Hearing Contacts ..................................................103

SECTION 13.065

Challenge for Bias, Prejudgment or Personal Interest ........................103

SECTION 13.070

Hearing Procedure ..............................................................................103

SECTION 13.075

Objections to Jurisdiction, Procedure, Notice or Qualifications.........104

SECTION 13.080

Notice of Decision ..............................................................................104

SECTION 13.085

Review by Hearings Body ..................................................................104

CHAPTER 14 APPEALS PROCEDURES ....................................................................................... 105

SECTION 14.010

Appeals ...............................................................................................105

SECTION 14.030

Rehearing ............................................................................................106

SECTION 14.035

Jurisdiction of Tribal Court .................................................................106

SECTION 14.040

Scope of Court's Review .....................................................................106

SECTION 14.050

Unlawful Interference .........................................................................106

LAND DEVELOPMENT CODE

PAGE 6

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

CHAPTER 15 ENFORCEMENT PROCEDURES ............................................................................ 107

SECTION 15.005

Repeals ................................................................................................107

SECTION 15.010

Code Enforcement ..............................................................................107

SECTION 15.015

Violation Procedure ............................................................................107

SECTION 15.100

Civil Penalties .....................................................................................109

SECTION 15.200

Criminal Penalties ...............................................................................109

CHAPTER 16. EXCEPTIONS .......................................................................................................... 110

SECTION 16.010

Farm Buildings....................................................................................110

SECTION 16.020

Corrals and Fences ..............................................................................110

SECTION 16.030

Storage ................................................................................................110

SECTION 16.040

Cultural ...............................................................................................110

SECTION 16.050

Forest Practices ...................................................................................110

CHAPTER 17. PROVISIONS APPLYING TO SPECIAL USES .................................................... 111

SECTION 17.005

Special Uses ........................................................................................111

SECTION 17.010

Off-Street Parking ...............................................................................117

SECTION 17.015

Streets and Pedestrian Access Ways ...................................................121

SECTION 17.017

Street Landscaping and Sidewalk Maintenance .................................123

SECTION 17.020

Standards for Net Metering Facilities and Solar Power Projects ........124

CHAPTER 18. SIGN REGULATIONS ............................................................................................ 125

SECTION 18.100

Purpose................................................................................................125

SECTION 18.200

Scope of Sign Regulations .................................................................125

SECTION 18.300

[Reserved] ...........................................................................................125

SECTION 18.400

Prohibited Signs ..................................................................................125

SECTION 18.440

Permanent Signs Allowed Without a Permit ......................................125

SECTION 18.460

Permanent Signs Allowed With a Permit ...........................................126

SECTION 18.480

Temporary Signs Allowed Without a Permit......................................128

SECTION 18.490

Sign Permit Requirements ..................................................................129

SECTION 18.500

Nonconforming Signs .........................................................................129

SECTION 18.600

Obsolete or Abandoned Signs.............................................................129

SECTION 18.700

Sign Construction, Maintenance, and Design .....................................129

CHAPTER 19. FEE SCHEDULE ..................................................................................................... 131

SECTION 19.100

Administrative Permits .......................................................................131

SECTION 19.200

Public Hearing Requests .....................................................................131

SECTION 19.300

Sign Regulations .................................................................................131

SECTION 19.400

Subdivision Requests ..........................................................................131

SECTION 19.500

Appeals Requests ................................................................................131

SECTION 19.600

Special Plan Review and Inspections .................................................131

APPENDIX A: LEGISLATIVE HISTORY

APPENDIX B: MEMORANDUM OF UNDERSTANDING WITH UMATILLA COUNTY

LAND DEVELOPMENT CODE

PAGE 7

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

LAND DEVELOPMENT CODE

CHAPTER 1. INTRODUCTORY PROVISIONS

SECTION 1.005

RECITALS:

WHEREAS, by solemn treaty made and concluded in the Walla Walla Valley, Washington

territory on June 9, 1855; AND;

WHEREAS, said treaty was duly ratified by the Congress of the United States on March 8,

1859, 12 Stat. 945, AND;

WHEREAS, Article I of the treaty states: "An area of land shall be set apart as a residence for

said Indians, which tract for the purposes contemplated, shall be held and regarded as an Indian

Reservation..... which tract shall be set apart and, so far as necessary surveyed and marked out

for their exclusive use, nor shall any white person be permitted to reside upon the same without

permission of the agent and superintendent," AND;

WHEREAS, implicit in said treaty is the sovereign power to enact, administer, and enforce a

duly ratified Comprehensive Plan and Land Development Code applicable to all land within

the Umatilla Indian Reservation regardless of the issuance of any patent or deed on any lands

within the Reservation, AND;

WHEREAS, The Attorney General of the United States, 23 OP. A.G. 214 has ruled that;

"The legal right to purchase land within an Indian Nation gives to the purchasers no

right of exemption from the laws of such nation.....these nations are fully authorized to

absolutely exclude outsiders or to permit their residence or businesses upon such terms

as they may choose to impose......", AND;

WHEREAS, the solicitor of the United States Department of Interior 55 I.D. 14, has ruled that;

"Over all the lands of the Reservation; whether owned by the Tribe by a member thereof

or by outsiders, the Tribe has the sovereign power of determining the conditions upon

which persons shall be permitted to enter it's domain, to reside therein, and to do

business......", AND;

WHEREAS, the Confederated Tribes of the Umatilla Indian Reservation have duly adopted

and enacted a Constitution and By-Laws on December 7, 1949, AND;

WHEREAS, Section 1(d) of Article VI of said Constitution and By-Laws was amended on

November 26, 1976 to read:

"To promulgate and enforce codes governing the conduct of all persons and activities

within the boundaries of the Umatilla Indian Reservation," AND;

WHEREAS, said Constitution and By-Laws further state that:

"The Board of Trustees shall have the power to exercise any rights and powers

heretofore vested in the Confederated Tribes, but not expressly referred to in this

Constitution or any powers that may in the future be delegated by an agency of local,

state or federal government," AND;

WHEREAS, the purpose statement of the current Umatilla Indian Reservation Interim Zoning

Code of 1973 states:

“The purpose of this code shall be to provide interim zoning to protect the health, safety

and welfare of the residents of the Umatilla Indian Reservation for which an emergency

exists and to control development of the Umatilla Indian Reservation until a

Comprehensive Plan of the Umatilla Indian Reservation is completed and a permanent

zoning code is adopted as herein provided, AND;

LAND DEVELOPMENT CODE

PAGE 8

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

WHEREAS, a Comprehensive Plan of the Umatilla Indian Reservation was adopted by the

Board of Trustees on November 27, 1979, NOW;

THEREFORE BE IT ENACTED by the Board of Trustees of the Confederated Tribes of the

Umatilla Indian Reservation in Oregon as follows:

SECTION 1.010

TITLE:

This code shall be known as the Land Development Code of the Umatilla Indian Reservation and shall

supersede the Interim Zoning Code of 1973.

SECTION 1.015

DECLARATION OF NEED:

The Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) hereby

declares that there is a need to ensure orderly land use and development of land within the boundaries

of the Umatilla Indian Reservation and Off-Reservation Trust Land. Orderly and planned construction

uses of land and property on the reservation can support the fundamental basis and purpose of the

creation of the Umatilla Indian Reservation to serve as a homeland for CTUIR members. Planned and

regulated land use activities on the Reservation protect the cultural and historical heritage of the

resident tribal people as well as other persons residing within the boundaries of the Umatilla Indian

Reservation. Protecting and enhancing water quality and soils through careful land use planning can

enhance fish, wildlife, roots, berries and other First Foods and cultural plant resources and their use by

the community. Furthermore, planned and orderly resource use protects the governance integrity,

economic security and social welfare of the tribal government and its people.

SECTION 1.020

PURPOSE:

The general purpose of this Code is to protect the physical character of the Reservation and CTUIR

Off-Reservation Trust Lands; to insure, conserve and enhance vegetation, soils, air, water, fish, wildlife

and other natural and cultural resources of the Reservation. Further, it is the purpose of this Code to

regulate building and construction activities to ensure that standards are met to protect above

enumerated resources, as well as the public health, safety and welfare of the residents of the Umatilla

Indian Reservation, to promote orderly development of the Umatilla Indian Reservation, and to

implement the provisions of the Comprehensive Plan.

SECTION 1.025

SUPERIORITY OF THE CODE:

Whenever any laws enacted by any city, municipality, state governments or any agencies thereof are

found to be in conflict with the provisions of this Code, the provisions of this Code shall control and

supersede all such laws. This Code shall supersede the Interim Zoning Code. Other tribal codes and

codes not specifically repealed in this Code shall be construed consistent with the terms and purposes

of this Code.

SECTION 1.030

SEVERABILITY:

If any provision, part or parts of this Code or the application thereof to any person or circumstance is

held unconstitutional or invalid, the same shall not affect the validity of the remaining portions of this

Code.

SECTION 1.035

SCOPE OF THE CODE:

This Code shall apply to all land on the Umatilla Indian Reservation and to Off-Reservation Trust

Lands. The scope of this Code includes but is not limited to: the establishment of standards for (1) the

location of land uses and buildings; (2) the promotion of the development of the Reservation economy;

(3) public and semi-public and other specified uses; and (4) for the construction of residences and other

development.

It shall be unlawful hereafter to use land on the Umatilla Indian Reservation or Off-Reservation Trust

Lands in violation of this Code and the accompanying zoning map or the Comprehensive Plan.

LAND DEVELOPMENT CODE

PAGE 9

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 1.040

MASTER ZONING MAP:

There is hereby established an official Master Zoning Map of the Umatilla Indian Reservation and OffReservation Trust Lands. The Master Zoning Map shall be comprised of several zones with

corresponding standards as established herein.

The Master Zoning Map shall be maintained by the CTUIR Information Technology Department

Geographic Information Systems (GIS) Program.

The Master Zoning Map shall state the date of its most recent amendment and the Tribal Resolution

number approving the amendment. A print of the current Master Zoning Map shall be kept in the

Tribal Planning Office.

SECTION 1.045

ZONING BOUNDARIES:

Zone boundaries may be section lines, subdivision lines, allotment lines, tax lot lines, center lines of

roads, streets and railroad rights-of-way, or those special areas identified by the Flood Hazard Overlay

zone.

In the event any dispute arises as to an interpretation of a zone boundary, the Administrative Appeal

process shall be followed.

SECTION 1.050

AMENDMENTS:

Provisions of this Code and the Master Zoning Map may be amended only by the Board of Trustees

after a public hearing, after which time the Board is able to deliberate on the facts and policy

considerations involved in the proposed amendment.

SECTION 1.060

EXISTING USES:

Except as hereinafter specified, any use, building or structure lawfully existing at the time of the

enactment of this Code, may be continued even though such use, building or structure may not conform

to the provisions of this code for the zone in which it is located; provided, however, that this Section

does not apply to any use, building or structure established in violation of any zoning code previously

in effect.

SECTION 1.065

PROHIBITED USE:

The following uses are prohibited on the Umatilla Indian Reservation:

1. Junk yards

2. Auto wrecking yards

SECTION 1.070

EMERGENCY:

This Code being necessary for the immediate preservation of public peace, health and safety,

an emergency is declared to exist, and this Code takes effect on its passage.

LAND DEVELOPMENT CODE

PAGE 10

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

CHAPTER 2. ESTABLISHMENT OF ZONES

SECTION 2.010

CLASSIFICATION OF ZONES:

For the purpose of this Code the following zones are hereby established on the Umatilla Indian

Reservation:

Name of Zone

Abbreviation

Exclusive Farm Use

Ag-1

Farm Pasture

Ag-2

Small Farm

Ag-3

Agri-Business

Ag-4

Rural Residential

R-1

General Rural

R-2

Community Residential

CR-1

Industrial Development

I-D

Commercial Development

C-D

Public Use

P-1

Public Facilities Zone

P-2

Restricted Indian Forest

F-2

Big Game Grazing Forest

G-1

Surface Mine

SM

SECTION 2.015

OVERLAY ZONES:

Public Use Overlay

Flood Hazard Overlay

LAND DEVELOPMENT CODE

P-1-O

F-H-O

PAGE 11

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 2.020

DEFINITIONS:

As used in this Code, the following words and phrases shall mean:

1.

Access: The right to cross between public and private property allowing pedestrians and

vehicles to enter and leave property.

2.

Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have

safe, adequate and usable ingress and egress to, through or past a property to use as required by

this Code.

3.

Accessory Structure or Use: A nonresidential structure or use incidental, appropriate and

subordinate to the main structure or use on the same lot.

4.

Adjacent: Near, close; for example, an Industrial Zone across the street or highway or lot line

from a Residential Zone shall be considered as "Adjacent."

5.

Agent: Any person who represents or acts for any other person in disposing of interests in a

land development. This includes a real estate broker as defined in ORS 696.010(12) but does

not include an attorney at law whose representation of another person consists solely of

rendering legal services.

6.

Aircraft: Any vehicle designed or used for flight through the air and capable carrying goods or

people.

7.

Aircraft landing strip or airport: Any area of land or water which is used or intended to be used

by the general public for the landing and taking off of aircraft and any support area and

buildings.

8.

Allotment: An individual parcel of land which is held in trust by the United States Government.

9.

AO: A Flood Hazard Overlay Zone rating identified on the Flood Insurance Rate Map

(FIRM) and typified by an area of shallow flooding and sheet flow with Base Flood depths of

1 to 3 feet.

10.

Apartment: A dwelling unit in a multiple-family building.

11.

12.

13.

14.

15.

16.

17.

Approval:

a)

Tentative: The official action taken by the Land Protection Planning Commission after

a public hearing on the proposed subdivision or partition.

b)

Final: The final official action taken by the Land Protection Planning Commission on

the proposed subdivision or partition which had previously received tentative approval.

Area of Shallow Flooding: A designated AO or AH zone on the Flood Insurance Rate Map

(FIRM). The Base Flood depths range from one to three feet; a clearly defined channel does

not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be

evident.

Assessor: The County Assessor, Umatilla County.

Automotive, Boat or Trailer Sales Lot: An open lot used for display, sales or rental of new or

used motor vehicles, boats or trailers in operative condition and where no repair work is done.

Automotive Repair, Major: The general repair, rebuilding or reconditioning of engines, motor

vehicles or trailers; collision repair service, including body, frame or fender straightening or

repairs; overall painting and paint shop.

Automobile Repair, Minor: Upholstering of, replacement of part for, and motor service to

passenger cars and trucks not exceeding one and one-half tons capacity, but not including any

operation named under "Automobile Repair, Major," or any other similar operation thereto.

Automobile Service Station or Filling Station: An establishment where bulk sales, fuels, oils

or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, and where

repair service is secondary.

LAND DEVELOPMENT CODE

PAGE 12

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Automobile Towing: An establishment where emergency towing equipment is kept along with

incidental, temporary and minor storage of vehicles and emergency repairs.

Automobile Wrecking: The dismantling or disassembling or motor vehicles or trailers, or the

storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or

their parts. Two or more dismantled, obsolete or inoperable motor vehicles or parts thereof

exposed to the public on one lot shall constitute a wrecking yard.

Base Flood: The flood having a one percent chance of being equaled or exceeded in any given

year. Also referred to as the “100-year flood.” Designation on Flood Insurance Rate Maps

always includes the letter “A.”

Base Flood Elevation (BFE): The computed elevation to which floodwater is anticipated to rise

during the Base Flood. Base Flood Elevations are shown on Flood Insurance Rate Maps

(FIRMs) and in the Flood Insurance Study on the flood profiles.

Basement:

Any area of a building having its floor subgrade (below ground level) on all

sides.

B.I.A.: Means the Bureau of Indian Affairs of the United States Department of the Interior.

Big Game: As defined in the Wildlife Code of the Confederated Tribes of the Umatilla Indian

Reservation, adopted on Feb. 21, 1979.

Block: An area of land bounded by streets or by a combination of streets and public parks,

cemeteries, railroad right-of-ways, bulkhead lines or shore lines of waterways, or corporate

boundary lines of a city.

Board of Trustees: Means the 9 member elected body which constitutes the tribal government

of the Confederated Tribes of the Umatilla Indian Reservation.

Boarding House or Rooming House: A building or premises where meals and lodging are

offered for compensation for three (3) or more persons but not more than nine (9) persons,

having no more than five (5) sleeping rooms for this purpose. An establishment where meals

are served for more than nine (9) persons shall be deemed a restaurant. An establishment with

more than five (5) sleeping rooms shall be deemed a hotel.

Building: A structure which is designated and suitable for the habitation or shelter of human

beings or animals or the shelter or storage of property or for the use and occupation for some

purpose of trade or manufacture.

Building Height: The vertical distance from the average contact ground level of the building

to the highest point of the building.

Building Line: A line on a plat or map indicating the limit beyond which building or structures

may not be erected subject to set back requirements in the Umatilla Reservation Land

Development Code.

Building Lot: A lot occupied or intended to be occupied by a principal building or a group of

such buildings and accessory buildings, together with such open spaces as are required by this

Code and having the required frontage on a street, and setbacks.

Building, Main: A building within which is conducted the principal use permitted on the lot,

as provided in this Code.

Camper:

A construct that:

a.

Has a floor;

b.

Is designed to be mounted on a motor vehicle;

c.

Is not permanently attached to a motor vehicle;

d.

Is designed to provide facilities for human habitation or for camping;

e.

Is six feet or more in overall length;

LAND DEVELOPMENT CODE

PAGE 13

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

f.

Is five and one-half feet or more in height from floor to ceiling at any point; and

g.

Has no more than one axle designed to support a portion of the weight of the camper.

Care Center or Facility:

A facility, building, or land use operated by an agency,

organization, or individual providing care of six or more individuals not related by blood,

marriage to, or not the legal wards or fostered by the attendant adult.

Cemetery:

Any place, dedicated or not, used, or intended to be used, for the permanent

interment of human remains.

Chemicals:

Any synthetically produced substance, including herbicides, insecticides,

rodenticides, fertilizers and adjuvants.

Church: A permanently located building commonly used for religious worship, fully enclosed

with walls (including windows and doors) and having a roof (canvas or fabric excluded) and

conforming to applicable legal requirements affecting design and construction.

Commercial Amusement Facility: A facility which supplies refreshments and various forms of

entertainment to the public.

Commercial Residential Use: A building, portion of a building or group of buildings designed

or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel,

tourist camp or labor camp, but excluding quarters intended for permanent or semi-permanent

occupancy, such as a duplex or apartment. A mobile home park is not included in this

definition.

Community Building: A building used for and operated by a non-profit organization whose

membership is open to any resident of the zone, neighborhood or community in which the club

is located; provided that the primary objectives of the organization are the improvement of the

zone, neighborhood or community and its social welfare and recreation.

Community Sewage System: A sewage system which will serve more than one lot or parcel or

more than one unit of a Planned Unit Development.

Community Water System: Use of water from one supply system for drinking, bathing,

culinary, sanitation, and other household purposes at more than three dwellings and for

irrigation of less than one half (0.5) acre of lawn and garden area per dwelling unit.

Comprehensive Plan: A plan, adopted by the Board of Trustees, that sets forth the long range

goals of the members of the CTUIR as they relate to Treaty-reserved rights both on and off the

Reservation and the current and future needs of the people. The major emphasis of the

Comprehensive plan is to guide the physical development, natural resources use and delivery

of Tribal services and programs within the Reservation boundary to benifit Tribal members.

The goals and objectives contained in the plan will be used to guide the actions of elected and

appointed officials and Tribal departments within the CTUIR organization and influence the

actions of other agencies that share common interests and are involved in implementing Tribal

policies.

Conditional Use: A use that may be permitted or denied at the discretion of the Land Protection

Planning Commission based on findings of fact as required by this code.

Confederated Tribes (or CTUIR): Means the Confederated Tribes of the Umatilla Indian

Reservation of Oregon.

Construction: Means either:

a.

the first placement of permanent construction for a structure, including but not limited

to pouring slabs or footings, installing piles, constructing columns, or any work beyond

the excavation stage, including placing a manufactured home on an existing foundation

where no modifications are required; or

b.

for a substantial improvement, alterating any wall, ceiling, floor, or other structural part

of a building whether or not that alteration affects the external dimensions of the

building; and

LAND DEVELOPMENT CODE

PAGE 14

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

c.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

within a Special Flood Hazard Area includes land preparation including but not limited

to clearing, grading, filling, installing streets, walkways or utilities, footings, piers,

foundations and erecting temporary forms. Placement of any fill materials such as soil,

gravel, crushed stone, or other materials that change the elevation of the floodplain is

considered construction within the Special Flood Hazard Area.

Construction Plans: Plans and specifications drawn to scale upon substantial paper or cloth and

that contain sufficient clarity to indicate the location, nature, and extent of the work proposed

and show in detail that it will conform to the provision of this code, the Uniform Building

Codes, and all relevant laws and codes of the CTUIR.

Contiguous: That which touches or connects, including that which only connects or touches a

common point; the touching together of two or more tracts of land which lie alongside one

another or which touch or connect with one another for any length or distance whatsoever, no

matter how finite.

Contiguous Land: Units of land under the same ownership which abut, irrespective of

roadways, easements or rights-of-way.

Corral: A pen or enclosure for confining or capturing livestock.

Critical Facility:

A facility for which even a slight chance of flooding is too great. Critical

facilities include, but are not limited to schools, nursing homes, hospitals, police, fire, and

emergency response installations, and installations which produce, use or store hazardous

materials or hazardous waste.

Cross Section: A profile of the ground surface perpendicular to the center line of a street, stream

or valley bottom.

Curb Lines: The line dividing the roadway from the planting strip of footway, meaning the

inside (street side) of the curb.

Dedication: A deliberate appropriation of the land by its owner for some public use and

accepted for such use by or on behalf of the public.

Density: The number of residential dwelling units per acre of land or the amount of land or the

amount of land area expressed in square feet of land assignable to each dwelling unit in a

residential development, including, but not limited to, one house on one lot, shall be computed

as follows: The gross area of land within the development; less the total area dedicated for

streets, schools or other public facilities, but not including public or private parks and recreation

facilities dedicated or created as an integral part of the development; divided by the total number

of dwelling units in the proposed development; equals the density. Density shall run with the

land in a specific development and cannot be sold, loaned or otherwise divorced or separated

from the specific development under consideration.

Developer: Any person, corporation, partnership or other legal entity who creates or proposes

to create a land development; includes any agent of a developer.

Development: Any human made change to improved or unimproved real estate, including, but

not limited to, buildings or other structures, mining, dredging, filling, grading, paving,

excavation or drilling operations or storage of equipment or materials.

Development Permit: A permit required through this code, to be issued by the Tribal Planning

Office, that reviews the land use/zoning and International Building Code requirements for new

construction, manufactured structures, building additions, remodels, accessory buildings, and

all electrical, plumbing, and mechanical improvements and for all other development on the

Reservation.

Domestic Water Use: Shall mean any use of water for individual personal needs or for

household purposes such as drinking, bathing, heating, cooking or sanitation, and other

houshold purposes at three or fewer dwelling units and for irrigation of less than one half (0.5)

acre of lawn and garden area per dwelling unit.

LAND DEVELOPMENT CODE

PAGE 15

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

60.

61.

62.

63.

64.

65.

66.

67.

68.

69.

70.

71.

72.

Drainage Easement: An easement required for drainage ditches, or required along a natural

stream or water course to preserve the channel, to provide for the flow of water therein, and to

safeguard the public against flood damage or the accumulation of surface water.

Duplex: A building designed exclusively for occupation by two families living independently

of each other and containing two dwelling units.

Dwelling: A building or portion thereof designed or used as the residence or sleeping place of

one or more persons.

a)

Dwelling, Single-family: A building designed or used for residence purposes by not

more than one family and containing one primary dwelling unit only, except for mobile

homes as defined herein; also excluding such temporary structures as tents, teepees,

recreational vehicles and other similar uses.

b)

Dwelling, Two-Family or Duplex: A building designed or used for residence purposes

by not more than two families and containing two dwelling units.

c)

Dwelling, Multiple-Family: A building or portion thereof designed or used as a

residence by three or more families and containing three or more dwelling units.

Dwelling Unit: One room, or a suite of two or more rooms, designed for and used by one family

or housekeeping unit for living and sleeping purposes, and having not more than one kitchen or

kitchenette.

a)

Primary Dwelling Unit – The main dwelling unit on a lot that also contains an accessory

dwelling unit as defined below.

b)

Accessory Dwelling Unit – An interior, attached or detached residential structure that

is used in connection with, or that is accessory to a single-family dwelling and meets

the standards in Section 17.005 (1).

Easement: A grant of the right to use a parcel of land or portion thereof for specific purposes

where ownership of the land or portion thereof is not transferred.

Elevated Building: A nonbasement building which has its lowest floor raised above ground

level by foundation walls, shear walls, posts, piers, pilings, or columns.

Farm Use: The current employment of land for the primary purpose of obtaining a profit in

money by raising, harvesting and selling crops or by the feeding, breeding, management and

sale of, or the production of, livestock, poultry, fur-bearing animals or honeybees or for dairying

and the sale of dairy products or any other agricultural or horticulture use or animal husbandry

or any combination thereof. Farm use includes the preparation and storage of the products

raised on such land for human and animal use and disposal by marketing or otherwise.

Feedlot: Any tract of land or structure wherein any type of fowl or by-products thereof are

raised for sale at wholesale or retail. Any area where a large concentrated number of animals

cause substantial loss of vegetative cover. Any structure, pen or corral wherein cattle, horses,

sheep, goats, swine, or similar animals are maintained in close quarters for the purpose of

fattening such livestock for final shipment to market, or for breeding and will include a winter

feeding area where large numbers of livestock are confined and fed.

Fence, Sight Obscuring: A fence or planting arranged in such a way to obstruct vision

throughout the year.

Fill: Placement of any materials such as soil, gravel, crushed stone, or other materials that

change the elevation of the floodplain. The placement of fill is considered “development.”

Final Drawing: The final plan for a minor partition.

Final Map: The final plan for major partition.

Fish Accessible Space: The volumetric space available to fish to exit or leave from and the

ingress/egress space available for those access areas.

LAND DEVELOPMENT CODE

PAGE 16

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

73.

74.

75.

76.

77.

78.

79.

80.

81.

82.

83.

84.

85.

86.

87.

Flood or Flooding: A general and temporary condition of partial or complete inundation of

normally dry land areas from the overflow of inland waters or the unusual and rapid

accumulation of runoff of surface waters from any source.

Flood elevation study: See “Flood Insurance Study.”

Flood Insurance Rate Map (FIRM): The official map on which the Federal Insurance

Administration has delineated both the areas of special flood hazards and the risk premium

zones applicable to the community. A FIRM that has been made available digitally is called a

Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS): The offical report provided by the Federal Insurance

Administration that provides flood profiles and the water surface elevation of the Base Flood.

Floodway: The channel of a river or other watercourse and the adjacent land areas that must

be reserved in order to discharge the Base Flood without cumulatively increasing the water

surface elevation by one tenth of a foot.

Forest Practice: Any activity relating to the growing, harvesting, processing or management of

trees.

Forest Purposes: The current employment of land primarily for the purpose of raising or

harvesting timber products.

Frontage: All property fronting on one side of a street and measured along the street lines,

between intersecting and intercepting streets or between a street and right-of-way, waterway

end or dead end.

Fuel break: The clearing of vegetation, including trees, to protect structures or areas, where the

potential exists for property damage or personal injury from wildfires.

Gain: The amount of money or the value of property derived from the commission of a

violation, less the amount of money or value of property returned to the victim of the violation

or seized by or surrendered to lawful authority before the time of decision or sentence is

imposed.

Garage: An accessory building and/or accessory portion of the main building, designed or used

only for the shelter or storage of vehicles owned or operated by the occupants of the main

building.

Grazing: The use and management of land for the pasture of all wildlife users and domestics,

herbivorous animals.

Green Infrastructure: Use of natural or human-made hydrologic features to manage water and

provide environmental and community benefits. Green infrastructure uses management

approaches and technologies that use, enhance, and/or mimic the natural hydrologic cycle

processes of infiltration, evapotranspiration, and reuse. At a large scale, it is an interconnected

network of green space that conserves natural systems and provides assorted benefits to human

populations. At a local scale, it manages stormwater by infiltrating it into the ground where it

is generated using vegetation or porous surfaces, or by capturing it for later reuse. Green

infrastructure practices can be used to achieve no net loss of pervious surfaces by creating

infiltration of stormwater in an amount equal to or greater than the infiltration lost by the

placement of new impervious surfaces.

Habitat Restoration Activities: Activities with the sole purpose of restoring habitats that have

only temporary impacts and long-term benefits to habitat. Such projects cannot include

ancillary structures such as a storage shed for maintenance equipment, must demonstrate that

no rise in the BFE would occur as a result of the project and obtain a Conditional Letter of Map

Removal and Letter of Map Removal and have obtained any other required permits (e.g., CWA

Section 404 permit).

Hazard Tree: Standing dead, dying or live trees that are unstable due to structural defects or

other factors that are within striking distance of a structure or area where the potential exists for

property damage or personal injury.

LAND DEVELOPMENT CODE

PAGE 17

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

100.

Height of Building: The vertical distance from the grade to the highest point of the coping of

a flat roof, to the deck line of a mansard roof, or to the center height between the highest and

lowest points on other types of roofs.

Home Occupations: A home occupation is any occupation (retail, service, or manufacturing)

which is clearly secondary to the main use of the premises as a dwelling place and does not

change the character thereof or have any exterior evidence of such secondary use except for a

sign advertising such occupation. A home occupation shall comply with the criteria specified

in the section 17.005(6) of this code.

Horticulture: The growing of fruits, vegetables, flowers, ornamental plants, and similar crops.

Hourly Average Noise: The sum of 60 noise readings taken at consecutive one-minute intervals

divided by the number of noise readings (60).

Hydraulically Equivalent Elevation: A location (e.g., a site where no net loss standards are

implemented) that is approximately equivalent to another (e.g., the impacted site) relative to

the same 100-year water surface elevation contour or base flood elevation. This may be

estimated based on a point that is along the same approximate line perpendicular to the direction

of flow.

Hydrologically Connected: The interconnection of groundwater and surface water such that

they constitute one water supply and use of either results in an impact to both.

Improvements: These include but are not limited to, streets, alleys, curbs, gutters, and

appurtenances, sidewalks, street lights, street signs, fire hydrants, sanitary sewers and

appurtenances, public water supply and water distribution systems and other utilities.

Impervious Surface: A surface that cannot be penetrated by water and thereby prevents

infiltration and increases the amount and rate of surface water runoff, leading to erosion of

stream banks, degradation of habitat, and increased sediment loads in streams. Such surfaces

can accumulate large amounts of pollutants that are then “flushed” into local water bodies

during storms and can also interfere with recharge of groundwater and the base flows to water

bodies.

Indian Health: Means the Indian Health Service of the U.S. Public Health Service.

Junk Yard: A place where waste, discarded or salvaged materials are stored, bought, sold,

exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house

wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking

and structural steel materials and equipment; but not including such places where such uses are

conducted entirely within a completely enclosed building, and not including pawn shops and

establishments for the sale, purchase or storage of used furniture and household equipment,

used cars in operative condition, or salvaged materials incidental to manufacturing operations.

Kennel: Any premises where four or more dogs, cats or other small animals or any combination

thereof at least four months of age, are kept commercially or permitted to remain for board,

propagation, training or sale, except veterinary clinics and animal hospitals.

Land Development: The subdividing or partitioning of land for any purpose or the creation of

units or parcels for the purpose of sale or lease for a term of one year or more. Includes intent

to dispose of any land, whether contiguous or not, including any land divided, lots, parcels,

units or interests offered as a part of a common promotional plan of advertising by a single

developer or a group of developers acting in concert. If the land is contiguous or is designated

or advertised as a common unit or by a common name the land shall be presumed, without

regard to the number of lots covered by each individual offering, to be offered for disposition

as part of a common promotional plan.

Land Protection Planning Commission: The Commission is delegated authority by the Board

of Trustees to implement elements of the Land Development Code, and to recommend changes

in policies, procedures, laws or statutes related to land use planning and environmental health

and safety to the Board of Trustees.

LAND DEVELOPMENT CODE

PAGE 18

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

101.

102.

103.

104.

105.

106.

107.

108.

109.

Landscaping: The term "landscaping" includes primarily trees, grass, bushes, shrubs, flowers

and garden areas, and incidental arrangements of fountains, patios, decks, street furniture and

ornamental concrete or stonework areas, and artificial turf or carpeting, but excludes artificial

plants, bushes, shrubs or flowers.

Livestock: Animals of any kind kept or raised for sale, resale, agriculture field production or

pleasure.

Lot: A unit of land that is created by a subdivision of land. For purposes of administering the

provisions of this Code, the word “lot” also refers to units of land lawfully created by the

partitioning process in compliance with the laws in place at the time of creation.

Lot Line:

a)

Lot Front Line: The line abutting a street. For corner lots the front line is that with the

narrowest street frontage. For double frontage lots the lot front line is that having

frontage on a street which is so designated by the developer and approved as part of a

final plat or map as provided for in this code.

b)

Lot Rear Line: The lot line that is opposite to and most distance from the front lot line.

c)

Lot Side Line: Any lot line that is not a lot front or rear line.

Lot Width: The average horizontal distance between the side lot lines, measured at right angles

to the lot depth at a point midway between the front and rear lot lines.

Lowest Floor: The lowest floor of the lowest enclosed area (including basement) of a structure.

An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access

or storage, in an area other than a basement area, is not considered a building’s lowest floor,

provided that such enclosure is not built to render the structure in violation of the applicable

non-elevation design requirements found in Chapter 3, Sub-Chapter M.

Manufactured Home (or “Manufactured Dwelling”):

A

detached

single-family

dwelling unit (formerly known as a mobile home) that is not a recreational vehicle and which

has all of the following characteristics:

a.

Designed for long-term occupancy and containing sleeping accommodations, flush

toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical

connections provided for attachment to outside systems. It may have been designed for

use with or without a permanent foundation when attached to utilities;

b.

Designed to be transported after fabrication to the site where it will be installed as a

complete dwelling ready for occupancy except for minor and incidental unpacking and

assembly operations, including but not limited to location on foundation supports and

connection to utilities; and

c.

Consisting of one or more sections which, when assembled, constitute the entire

structure.

d.

A “Manufactured Home” includes one or more sections which, when connected together

following manufacturer’s instructions, constitute the entire structure.

Manufactured Home Park (formerly known as a “Mobile Home Park”): Any place where

four or more manufactured homes are located within 500 feet of one another on a lot, tract or

parcel of land under the same ownership, the primary purpose of which is to rent space or

keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of

facilities, or to offer space free in connection with securing the trade or patronage of such

person.

Manufactured Structure: A building greater than 120 square feet that is designed to be:

a.

Transported after fabrication to the site where it will be installed;

b.

Arriving at the site where it is to be occupied, complete and ready for occupancy except

for minor and incidental unpacking and assembly operations, location of foundation

LAND DEVELOPMENT CODE

PAGE 19

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

110.

111.

112.

113.

114.

115.

116.

117.

118.

119.

supports, connection to utilities and the like. Manufactured homes are a subset of

manufactured structures; and

c.

Includes one or more sections which, when connected together following

manufacturer’s instructions, constitute the entire structure.

Manufactured Home Subdivision (formerly known as a “Mobile Home Subdivision”): A

subdivision designed and intended for residential use when the lots are exclusively for

manufactured housing. New subdivisions are not specifically identified for manufactured

housing and all new subdivisions are required to comply with the same subdivision standards

as of the effective date of this code.

Map, Partition: A final diagram, drawing or other writing containing all the descriptions,

locations, specifications, dedications, provisions, and information required by this manual

concerning a partition.

Master Zoning Map: Shall be a map that specifies the areas which comprise the zones described

by the text of this Code.

Motor Home: A motor vehicle that:

a.

Is reconstructed, permanently altered or originally designed to provide facilities for

human habitation; or

b.

Has a structure permanently attached to it that would be a camper if the structure was

not permanently attached to the motor vehicle.

Multiple Family: A building or portion thereof, designed for occupancy by three or more

families living independently of each other and containing three or more dwelling units.

Municipal Water System: Use of water by a community that is situated on the Reservation or

by a community that has been incorporated under the laws of the State of Oregon outside the

Reservation boundaries, where such water use includes at least community, public, commercial,

and industrial benifical uses which are served through a single water supply system that is

maintained and operated by the Tribal government or a city government.

Nameplate Capacity for Energy Generation Systems other than Solar: The nominal maximum

power output of an energy generation facility expressed in units of alternating-current (AC)

power (W, kW, MW) as reported by the system manufacturer.

Nameplate Capacity for Solar Energy Generation: The nominal maximum power output of a

solar photovoltaic energy generation system under Standard Test Conditions expressed in units

of direct-current (DC) power (W, kW, MW) and calculated as the combined nominal power

output for all facility solar modules.

Negotiate: Any activity preliminary to the execution of a binding agreement for the sale of land

in a subdivision or partition, including but not limited to advertising, solicitation and promotion

of the sale of such land.

Net Metering Facility: A facility for the production of electrical energy:

a.

Where the energy generation and energy use are located on the same parcel or on

contiguous parcels of land under common ownership. Land held in title by the U.S.

Government in trust for the CTUIR or individual indians shall be considered land held

in common ownership for the purpose of this definition;

b.

Interconnected systems. If the energy generation facility is connected to the electric

distribution system of the electric utility provider, the energy generation facility must:

1.

Be approved as a qualified net metering facility by the electrical utility provider;

2.

The electrical generation facility nameplate capacity shall not exceed 25

kilowatts (KW) for a residential use system or 2.0 megawatts (MW) for a

commercial or industrial use system;

LAND DEVELOPMENT CODE

PAGE 20

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

3.

120.

121.

122.

123.

124.

125.

126.

127.

128.

129.

130.

131.

132.

133.

The energy generated by the facility is required to offset part or all of the on-site

electrical requirements.

c.

Off-grid systems. If the electrical generation facility is not interconnected to the electric

distribution system of the electrical utility provider, often referred to as an “off-grid”

system, all of the electricity generated must solely be used on site. If the electrical

generation facility is later to be interconnected to the electric distribution system of the

electric utility provider, the electrical generation facility must meet the provisions of

subparagraph b of this Section.

New Construction: Structures for which the “start of construction” commenced on or after the

effective date of this Code and includes any subsequent improvements to such structures.

No Net Loss: A standard where adverse impacts must be avoided or offset through adherence

to certain requirements so that there is no net change in the function from the existing

condition when a development application is submitted to CTUIR. The floodplain functions

of floodplain storage, water quality, and vegetation must be maintained.

Nonconforming Lot of Record: A plot of land which is smaller than the minimum area required

in a particular zone and which either was a tax lot of record or was a lot in a recorded subdivision

or trust partition on the date of the adoption of this Code.

Nonconforming Structure or Use: A lawful existing structure or use at the time this Code or

any amendment thereto becomes effective, which does not conform to the requirements of zone

in which it is located and are found to be incompatible.

Nursery: An area where plants (trees and shrubs) are grown for transplanting, for use as stocks

for budding and grafting, or for sale.

Off-Reservation Trust Land: Land held in trust by the United States for the benefit of the

Confederated Tribes or its members located outside the boundaries of the Umatilla Indian

Reservation.

Offsite: Mitigation occurring outside of the project area.

Onsite: Mitigation occurring within the project area.

Ordinary High Water Mark: The line on the shore established by the fluctuations of water and

indicated by physical characteristics such as a clear, natural line impressed on the bank;

shelving; changes in the character of the soil; destruction of terrestrial vegetation; the presence

of litter and debris; or other appropriate means that consider the characteristics of the

surrounding areas.

Owner: The owner of the title to real property or the authorized agent thereof having written

notarized authorization recorded with the County Clerk, or the contract purchases of real

property or record as shown on the last available complete tax assessment roll or county clerk's

records. Does not include an interest created for security purposes.

Parcel: A unit of land that is created by a partitioning of land.

Parking Space: A durable, permanently surfaced and marked area, excluding paved area

necessary for access, for the parking of a motor vehicle.

Partition: The act of partitioning land or an area or tract of land partitioned.

a.

Major Partition: A partition which includes the actual creation of a road or street.

b.

Minor Partition: A partition which does not require the creation of a road or street.

Partition Land: To divide an area or tract of land into two or three parcels within a calendar

year when such area or tract of land exists as a unit or contiguous units of land under single

ownership at the beginning of such year. "Partition Land" does not include divisions of land

resulting from the creation of cemetery lots. "Partition Land" does not include the sale of a lot

LAND DEVELOPMENT CODE

PAGE 21

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

134.

135.

136.

137.

138.

139.

140.

141.

142.

143.

144.

145.

146.

147.

148.

149.

150.

in a recorded subdivision, even though the lot may have been acquired prior to the sale with

other contiguous lots of property by a single owner.

Pedestrian Access Way: A dedicated public pedestrian right-of-way as required in certain zones

such as the Neighborhood Residential and Neighborhood Services zone to provide pedestrian

access mid-block within a longer block.

Permit: A document issued by the Tribal Planning Office that authorizes the applicant to start

construction (see Start of Construction), development, or use of the project for which the permit

was issued and in the manner approved by the Tribal Planning Office.

Pervious Surface: Surfaces that allow rain and snowmelt to seep into the soil and gravel below.

Pervious surface may also be referred to as permeable surface.

Plat, Subdivision: The final map, diagram, drawing, replat or other writing containing all the

descriptions, locations, specifications, dedications, provisions, and information required by this

code concerning a subdivision.

Pre-commercial Thinning: The removal of trees to reduce stocking and thereby accelerate

growth on the more desirable trees; not for immediate financial gain.

Preliminary Drawing: A drawing of a proposed minor partition.

Prescribed Fire: Fire used as a management tool under specified conditions for burning a

defined area.

Primary Use: The first use to which property is or may be devoted, and to which all other uses

on the premises are derived as accessory or secondary uses. As used relative to dwelling units,

the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot.

Principal Use: The primary or predominant use to which the property is or may be devoted,

and to which all other uses on the premises are necessary.

Public: The Confederated Tribes of the Umatilla Indian Reservation or assigned designees

(BIA, Umatilla County, the State of Oregon, or other public agency).

Public Use: A use owned or operated by a public organization for the benefit of the public

generally. This does not include landfill sites, garbage dumps or utility facilities.

Quasi-judicial: A zoning action entailing application of a general rule or policy to specific

individuals or situations.

Range Improvement: Physical improvement. Any structure or excavation to facilitate

management of range or livestock.

Rangeland: Land on which the natural plant cover is composed principally of native grasses,

forbs or shrubs valuable for forage. Land used for grazing by livestock and big game animals

on which the natural potential climax community of plants is dominated by grasses, grass-like

plants, forbs and shrubs.

Reach: A section of a stream or river along which similar hydrologic conditions exist, such as

discharge, depth, area, and slope. It can also be the length of a stream or river (with varying

conditions) between major tributaries or two stream gages, or a length of river for which the

characteristics are well described by readings at a single stream gage.

Recreation Parks: An area designated by the landowner for picnicking or overnight camping

and offered to the general public, whether or not a fee or charge is made for such

accommodations.

Recreational Vehicle: A vehicle which is:

a.

A motor home, camper, or travel trailer;

b.

designed as a temporary living quarters for recreation, emergencies, camping, travel, or

seasonal use, but not for permanent occupation;

LAND DEVELOPMENT CODE

PAGE 22

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

c.

151.

152.

153.

154.

155.

156.

157.

158.

159.

160.

161.

162.

163.

164.

165.

166.

licensed or intended by its manufacturer to be licensed for use on public highways (lack

of a required license does not exempt a recreational vehicle from this definition);

d.

Built on a single chasis; and

e.

Designed to be self-propelled or permanently towable by a light duty truck.

Reserve Strip: A strip of property contiguous to a public way which is offered to the County

or Tribe for street purposes, which offer is not accepted by the County until additional adjacent

right-of-way is acquired by the County, and across which the access rights are abandoned until

such time as the additional adjacent Right-of-way is acquired by the County.

Residential: Any dwelling unit or group of units built or used for human occupancy.

Right-of-way: The area between the boundary lines of a street, road, or other easement.

Riparian: Of, adjacent to, or living on, the bank of a river, lake, pond, or other water body.

Riparian Areas: Those areas associated with varying amount of surface water and a vegetative

complex dependent upon water. Also, those lands adjacent to creeks, streams, lakes, ponds,

and rivers where the vegetation is strongly influenced by the presence of water.

Riparian Buffer Zone (RBZ): The outer boundary of the riparian buffer zone is measured from

the ordinary high water line of a fresh waterbody (lake; pond; ephemeral, intermittent or

perennial stream) to 170 feet horizontally on each side of the stream. The riparian buffer zone

includes the area between these outer boundaries on each side of the stream, including the

stream channel. Where the RBZ is larger than the special flood hazard area, the no net loss

standards shall only apply to the area within the special flood hazard area.

Riparian Buffer Zone Fringe: The area outside of the RBZ and floodway but still within the

Special Flood Hazard Area.

Road or Street: A public or private way actually created to provide ingress or egress for persons

to one or more lots, parcels, areas of tracts of land, excluding a private way created to provide

ingress or egress to such land in conjunction with the use of such land for forestry, mining or

agricultural purposes.

Roadway: The portion of a street, right-of-way developed for vehicular traffic.

Sale or lease: Every disposition or transfer of land in a subdivision or an interest or estate

therein, by a subdivider or developer or their agents. Includes the offering of land as a prize

or gift when a monetary charge or consideration for whatever purposes is required by the

subdivider, developer or their agents.

Sanitary Landfill: Shall be an area regulated by the Confederated Tribes for the purpose of

dumping refuse, including incineration, reduction or dumping of ashes, animals, garbage,

combustible and non-combustible materials.

Scenic Area: Land and other natural features that are valued for their aesthetic values and

appearance.

School: A place or institution for the instruction of children in a setting other than their primary

place of residence; also, an institution for instruction in a skill or business. A school includes

the building or group of buildings in which instruction is given or in which students work and

live.

Semi-Public Use: A structure or use commonly intended for a semi-public purpose such as

assembly or accessory use, by a church, lodge, club or other non-profit organization.

Setback: The minimum allowable horizontal distance from a given point or line of reference,

such as property line, to the nearest vertical wall or other element of a building or structure as

defined herein.

Sidewalk: A pedestrian walkway with permanent surfacing.

LAND DEVELOPMENT CODE

PAGE 23

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

167.

Sign: A name identification, description, display or illustration, which is affixed to or painted

or represented directly or indirectly upon a building or other outdoor surface or piece of land

and which directs attention to an object, product, place, activity, person, institution,

organization or business. All signs within the Umatilla Indian Reservation are administered

under Chapter 18 of this Code and the following are the definitions applicable:

a)

Advertising Sign: A sign which directs attention to a business, commodity, service or

entertainment sold, manufactured or offered.

b)

Area: A total or whole considered with reference to its constituent parts.

c)

Awning sign: A sign constructed of a fabric-like non-rigid material which is part of a

fabric or plastic awning. Awning signs constructed of a flammable substance are

prohibited.

d)

Banner: Any sign made of a flexible fabric-like material except an awning sign.

e)

Billboard: An advertising sign used as an outdoor display for the purpose of directing

attention to a business, commodity, service or entertainment sold, manufactured or

offered at a location other than the location of the billboard sign.

f)

Border: A strip along the edges of a sign that out-lines the display.

g)

Canopy: Any shelter-like structure attached to a building and projecting over public or

private property.

h)

Commercial/Business Sign: Signs which are placed on buildings listing the name of

one or more businesses, activities, products, or professional offices conducted or sold

within a building, group of buildings, or commercial center.

i)

Construction Sign: Sign which identifies firms or builders which are erected on the

construction site prior to or during the period of construction.

j)

Directional Sign: An on-premises or off-premise sign which carries no advertising

message but simply the name or logo of an establishment and information directing

persons to parking areas, entrance or exit ways, etc.

k)

Directory Sign: A free-standing sign which contains or lists the names of businesses,

activities or offices located within a building, group of buildings, commercial center or

geographic area.

l)

Faces: The direction in which a display is aimed.

m)

Festival Sign: Signs which are placed to commemorate or attract attention to a festival

recognized by the Tribe.

n)

Free Standing Sign: A sign that is not attached to any building structure. Such signs

shall include, but not be limited to, signs mounted on poles.

o)

Ground Sign: A sign which is mounted on an extends from the ground.

p)

Holiday Decorations: Normal and reasonable decorations associated with the

celebration of a nationally or Tribally recognized holiday.

q)

Identification Sign: A sign which carries no advertising message and is used to identify

the name of a residence, institution, profession, or non-retail business occupying the

premises on which the sign is located.

r)

Illuminated Sign: A sign that is illuminated by electric of other devices mainly for clear

visibility at night.

s)

Marquee Sign: A sign affixed to a hood or projecting roof structure over the entrance

to a building, store, or place of public assembly with changeable letters.

t)

Natural Grade: The highest elevation at which the base of the sign and the ground meet.

LAND DEVELOPMENT CODE

PAGE 24

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

u)

168.

169.

170.

171.

172.

Outdoor Advertising Device: Twirling, balloons, flags, lights and other similar

materials used to attract attention.

v)

Political Sign: A sign attracting attention to political candidates or issues during an

election campaign.

w)

Portable Sign: A sign which rests on the ground or other surface, but is not directly

attached to such surface, and which is designed or constructed to be mobile or movable.

x)

Principal Sign: A primary permanent on-premise sign designed primarily to identify or

advertise a business or facility to motorists and pedestrians.

y)

Reader Board: A permanent sign affixed either to the wall of a structure or to an existing

free-standing sign which is composed of a surface to which letters may be attached on

a temporary basis. Reader boards shall not serve as a substitution for identification

signs.

z)

Roof Line: The highest point of the roof of the building or structure.

aa)

Roof Sign: A sign constructed upon the roof of a building.

bb)

Sign, Flashing: Any illuminated sign on which the artificial light is not maintained

stationary and/or constant in intensity and color at all times when such sign is in use.

For the purpose of this code any moving, illuminated sign shall be considered a flashing

sign.

cc)

Sign Surface Area: The display area of a sign as measured by the shape of the sign

including any border or trim and all elements of the matter displayed, but excluding the

base or apron, supports or other structural members.

dd)

Temporary Sign: A sign that can be used for a limited period of time as specified by

this code.

ee)

Traffic Signs: A sign indicating federal, state, or tribal regulations for automobile,

truck, bicycle or pedestrian traffic.

ff)

Tribe: The Confederated Tribes of the Umatilla Indian Reservation.

gg)

Wall Sign: A sign affixed to the surface of the exterior wall of a building, or which

forms an angle of less than thirty (30) degrees with such wall and does not project out

from the wall more than twenty-four (24) inches. No wall sign shall extend above the

roof line of the building upon which it is located. In cases of flat roofs, no sign shall

extend above the parapets. Mansard roofs with an angle of sixty (60) degrees or more

from horizontal shall be considered as wall space for the placement of graphics.

Site Plan: A plan prepared to scale, showing accurately and with complete dimensioning, all

property lines, easments, and required separtion distances between the proposed structures,

property lines, streams, and utility improvments.

Small Scale Solar Project: A solar power project that does not exceed 3 MW.

Solar Power Project: A solar photovoltaic facility for electrical energy generation where energy

generation exceeds that allowed under Net Metering. Facilities typically consisting of ground

or roof-mounted solar panels and electrical equipment to convert the energy to transmissible

electrical power for use off site.

Special Flood Hazard Area (SFHA): The land in the floodplain subject to a one percent or

greater chance of flooding in any given year. Designation on Flood Insurance Rate Maps

always includes the letter “A.” “Special flood hazard area” is synonymous in meaning and

definition with the phrase “area of special flood hazard,” and “Flood Hazard Overlay Zone.”

Start of Construction:

a.

Generally: The date the building permit was issued, provided the actual start of

construction, repair, reconstruction, placement or other improvement commenced

within 180 days of the permit issuance date. Includes “substantial improvement.”

LAND DEVELOPMENT CODE

PAGE 25

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

173.

174.

175.

176.

177.

178.

179.

180.

181.

182.

Otherwise, the start of construction shall be the actual start of constuction, as defined

below.

b.

Actual Start: Either the first placement of a permanent part of a structure on a site, such

as the pouring of a slab or footings, installation of piles, construction of columns, any

work beyond the stage of excavation, or the placement of a manufactured structure on

a foundation. Land preparation, such as clearing, grading and filling, excavation for a

basement, footings, piers, foundations or the erection of temporary forms shall not be

considered the actual start of construction. For substantial improvements, the actual

start of construction shall be the first alteration of any wall, ceiling, floor, or other

structural part of a building, whether or not that alteration affects the external

dimensions of the building.

Stream: A natural water course with a definite bed, banks, and zone of riparian vegetation as it

existed under natural conditions. Any act of obliteration of the bed, banks, or vegetation of a

stream does not cancel the existence of the stream, if natural processes will in the course of time

and in the absence of human interference restore it to a condition similar to that existing prior

to such act of obliteration.

Structural Alteration: Any change in the supporting members of a building, such as bearing

wall, column, beam or girder, floor or ceiling joist, roof rafters, roof diaphragms, foundations,

piles, or retaining walls or similar components.

Structure: Anything constructed or built, any edifice or building of any kind, or any piece of

work artificially built up or composed of parts joined together in some definite manner, which

requires location on the ground or is attached to something having a location on the ground,

including swimming and wading pools and covered patios, excepting outdoor areas such as

paved areas, driveways, walks and fences. For floodplain management purposes, a structure in

the Special Flood Hazard Area includes a walled and roofed building, a gas or liquid storage

tank that is principally above ground, as well as a manufactured home or dwelling.

Structure Height: The vertical distance from the average contact ground level of the structure

to the highest point of the structure.

Subdivide Land: To divide an area or tract of land into four or more lots within a calendar year,

when this area or tract of land exists as unit or contiguous units of land under single ownership

at the beginning of that year.

Subdivider: Any person who causes land to be subdivided into a subdivision for himself or for

others, or who undertakes to develop a subdivision but does not include a public agency or

officer authorized by law to make subdivisions.

Subdivision: An area or tract of land divided into four or more lots within a ten year time period

beginning from the date of approval of a land partition, when this area or tract of land exists as

a unit or contiguous units of land under single ownership at the beginning of that time period.

Subdivision Review Committee: A committee as set forth in subsection of the Subdivision

Manual to review subdivision and other development proposal.

Substantial Damage: Damage of any origin sustained by a structure whereby the cost of

restoring the structure to its pre-damage condition would equal or exceed 50 percent its predamage market value.

Substantial Improvement: Any repair, reconstruction, or improvement to a structure, the cost

of which equals or exceeds 50 percent of its market value either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred;

but not inculding either:

1.

Improvement to a structure to correct a violation of a tribal statute which has

been identified by the tribal official responsible for the administration of the

LAND DEVELOPMENT CODE

PAGE 26

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

183.

184.

185.

186.

187.

188.

189.

190.

191.

192.

193.

194.

statute and is the minimum improvement necessary to comply with the statute,

or

2.

Alteration of a structure listed on the National Register of Historic Places or the

Tribal Inventory of Historic Places.

c.

Substantial improvement is considered to occur when the first alteration of any wall,

ceiling, floor, or other structural part of the building commences, whether or not that

alteration affects the external dimensions of the structure.

Surface Mining: Includes all or any part of the process of mining minerals by the removal of

overburden and extraction of natural mineral deposits thereby exposed by any method by which

more than 50 cubic yards of minerals are extracted (does not include excavation for a basement,

footings, piers or foundations associated with the construction of a structure) or by which at

least one acre of land is affected within a period of 12 consecutive calendar months, including

open pit mining operations, auger mining operations, river gravel extraction, production of

surface mining refuse, the construction of adjacent or off-site borrow pits (except those

constructed for use as access roads), and prospecting and exploration activities coming within

the quantity or area specification set forth herein or when such activities affect more than one

acre of land for each eight acres of land prospected or explored; but excluding excavations of

sand, gravel, clay or other similar materials conducted by the landowner or tenant for the

primary purpose of construction, reconstruction or maintenance of access roads and excavation

or grading operations conducted in the process of farming or cemetery operations, on-site road

construction or other on-site construction, or underground mines.

Temporary Use: The purpose for which land or a structure is designated, arranged or intended,

or for which it is occupied or maintained for six months or less.

Tentative Map: A map setting forth the proposed plan or a major partitioning in conformance

with the provisions of this Code and subject to review and modification.

Tentative Plan: A preliminary map, drawing or chart of the subdivision, dedication, or portion

thereof, containing the elements and requirements set forth within this Code and which the

subdivider submits for tentative approval at a public hearing.

Timber Harvest: The removal of timber from parent property in an amount greater than 5,000

board foot gross volume.

Trailer Park: A parcel of land upon which two or more trailers occupied for dwelling or sleeping

purposes are located, regardless of whether a charge is made for such accommodations.

Tribal Planning Office: The Office of the Confederated Tribes of the Umatilla Indian

Reservation, under the direction of the Comprehensive Planning Manager, which is responsible

for planning, maintenance, research, enforcement, and administration of the Land Development

Code. Other duties of the office include environmental health, and building inspection services.

Trust Land: Means any land in which the legal title is in the United States and beneficial or

equitable title in the Tribe or an Indian Allottee.

Undeveloped Space: The volume of flood capacity and fish-accessible/egress-able habitat from

the existing ground to the Base Flood Elevation that is undeveloped. Any form of development

including, but not limited to, the addition of fill, structures, concrete structures (vaults or tanks),

pilings, levees and dikes, or any other development that reduces flood storage volume and fish

accessible/egress-able habitat must achieve no net loss.

Use: The purpose for which land or a structure is designed, arranged or intended, or for which

it is occupied or maintained.

Utilities: Include electric, telephone, natural gas, water, sewer and other services that provide

energy, communication, or sanitation needs.

Utility facility: A building necessary for the transmission, maintenance, and/or function of a

utility, where personnel are only periodically present to maintain or upgrade equipment. Utility

Facilities do not include “Wind Power Generation Facility” or “Net Metering Facility.”

LAND DEVELOPMENT CODE

PAGE 27

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

195.

196.

197.

198.

199.

200.

201.

202.

203.

204.

205.

206.

207.

208.

Value: The market value of the property at the time and place of the violation, or if such cannot

be reasonably ascertained, the cost of replacement of the property within a reasonable time after

the violation.

Variance: An authorization granted by the Land Protection Planning Commission for an action

or development which is otherwise prohibited by the Land Development Code.

Veterinary Clinic: A business established in which veterinary services are rendered to domestic

animals.

Violation: The circumstances which exist when the required approval for a land use or practice

has not been granted and the violator has commenced the use or practice.

Violator: Any person, including but not limited to the landowner, timber or crop owner,

equipment operators, and building contractors, who commits a violation.

Water Dependent: A structure or use which cannot exist in any other location and is dependent

on the water by reason of the intrinsic nature of its operations.

Water Well: Any artificial opening or artificially altered natural opening, however made, by

which ground water is sought or through which ground water flows under natural pressure,

providing that this definition does not include a natural spring, or is artificially withdrawn or

injected. The well includes the borehole, casing, casing seal, well cap, access port, and where

used or required liner pipes, screens, and pressure gauge.

Wind Power Generation Facility: An energy facility that consists of one or more wind turbines

or other such devices and their related or supporting facilities that produce electric power from

wind for sale or use off-site and are:

a.

Connected to a common meter, control or dispatch, switching station; or

b.

Constructed, maintained, or operated as a contiguous group of devices.

Winter Range: Are those area that are utilized by big game during the winter months.

Yard, Front: An open space extending the full width of the lot between a building and the front

lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in

this Code. Distances referred to throughout this Code shall constitute building setback

requirements.

Yard, Rear: An open space extending the full width of the lot between a building and the rear

lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere

in this Code.

Yard, Side: An open space extending from the front yard to the rear yard between a building

and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as

specified elsewhere in this Code.

Zone: A specifically delineated area or district within which regulations and requirements

uniformly govern land use, placement, spacing, lot area and buildings.

Zoning Map: See Master Zoning Map.

LAND DEVELOPMENT CODE

PAGE 28

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

CHAPTER 3. USE ZONES

SUB-CHAPTER A. AG-1 -- EXCLUSIVE FARM USE

SECTION 3.010

DESCRIPTION AND PURPOSE:

The AG-1, Exclusive Farm Use is designed to maintain the agricultural economy of the Umatilla Indian

Reservation. The purpose of this zone is to preserve and maintain agricultural lands for farm use.

These lands are viewed as largely undeveloped, limited and irreplaceable, agricultural soils.

SECTION 3.015

ACREAGE-DIMENSIONAL STANDARDS:

1.

There shall be a 159 acre minimum lot size.

2.

Land partitions for non-farm residential uses and may be established on generally nonproductive agricultural lands upon a finding by the Land Protection Planning Commission that

each such use:

a)

Is compatible with farm uses and is consistent with intent and purposes set forth in the

Comprehensive Plan and this Code.

b)

Is situated upon generally unsuitable land for the production of farm crops and livestock

considering the terrain, adverse soil or land conditions, drainage and flooding,

vegetation, location and size of tract, historical cropping patterns and availability of

water for irrigation.

3.

Single family dwellings existing on October 13, 2008 may be partitioned from the parent parcel

subject to the following:

a)

Compliance with the Tribal Planning Office partition application process and the

provisions of the CTUIR Subdivision Manual.

b)

The maximum lot size shall be limited to two acres (the area necessary to

accommodate the existing dwelling(s) and related homesite developed areas), unless,

due to topography, a larger lot size is deemed necessary.

c)

The remaining acreage of the parent lot, after the existing dwelling area has been

partitioned, shall remain vacant. The remaining acreage of the parent lot shall

continue to be used for farm uses and may include farm buildings as defined in

Section 16.010.

SECTION 3.020

SETBACKS:

1.

No building shall be located closer than 20 feet from a property line or street or road.

2.

All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back

from the mean high-water line or mark along all streams or lakes a minimum of 100 feet,

measured at right angles to the high-water line or mark.

3.

All structures, buildings or similar permanent fixtures shall be set back from the high-water line

or mark along all streams or lakes a minimum of 100 feet measured at right angles to the highwater line or mark.

SECTION 3.025

USES PERMITTED:

In an Ag-1 Zone the following uses and accessory uses are allowed upon issuance of a Development

Permit or Forest Practice Permit;

1.

Farm use as defined by this Code;

2.

Utility facilities necessary for a public service excluding commercial facilities for sale to the

public;

LAND DEVELOPMENT CODE

PAGE 29

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

3.

4.

5.

6.

7.

8.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

Net metering facility; solar only, subject to Section 17.020 of this Code;

Single family dwellings, including manufactured housing;

Accessory Dwelling Units, per standards in Section 17.005 of this Code;

Planned Unit Developments, subject to Chapter 7 of this Code;

Forest Practices, subject to Section 4.025 of this Code:

A. Timber removal less than or equal to 5,000 board foot gross; such as, but not limited to:

1.

2.

3.

Pre-commercial thinning;

Road construction/road closures; or

Non-emergency fuel breaks;

B. Portable saw mill operations;

C. Chemical applications;

D. Prescribed Fire;

E. Destructive forest research studies involving <5000 board feet.

SECTION 3.030

CONDITIONAL USES ALLOWED:

In an Ag-1 Zone the following uses are permitted subject to the requirements listed under Section 6.010

through 6.035 inclusive and upon issuance of a Development Permit or Forest Practice Permit.

1.

Farm Storage Facilities;

2.

Timber harvest, timber removal greater than 5,000 board foot gross, subject to Section 4.025 of

this Code;

3.

Parks, playgrounds, wildlife sanctuaries, community facilities operated by and for the

Confederated Tribes of the Umatilla Indian Reservation;

4.

Agricultural research, experiments, projects or buildings related thereto;

5.

Tribal cemeteries;

6.

Agri-business excluding agriculturally related business or industry with objectionable noises,

odors, hazards or other such conditions;

7.

Non-commercial feedlot;

8.

Non-commercial airstrip;

9.

Greenhouses in excess of 300 square feet (except commercial retail nursery);

10.

Net Metering Facilities, excluding solar, subject to Section 17.020 of this Code;

11.

Public or Semi-public use.

LAND DEVELOPMENT CODE

PAGE 30

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER B. AG-2 -- FARM PASTURE ZONE

SECTION 3.035

DESCRIPTION AND PURPOSE:

The Ag-2, Farm Pasture Zone is designed to maintain the agricultural land base taking into

consideration special management practices due to steeper sloped, shallower soils and special wildlife

and fish habitats. It is also designed to afford better control over lands where farm and rangelands are

interspersed. Foods, herbs and medicines traditional to the Confederated Tribes are also found in this

region making it necessary for the Land Protection Planning Commission or the Board of Trustees to

place further restrictions from time to time.

SECTION 3.040

ACREAGE-DIMENSIONAL STANDARDS:

1.

There shall be a 79-acre minimum lot size.

2.

Land partitions for non-Farm residential uses may be established on generally non-productive

agricultural lands upon a finding by the Land Protection Planning Commission that each such

use:

a)

Is compatible with farm uses and is consistent with intent and purposes set forth in the

Comprehensive Plan and this Code.

b)

Is situated upon generally unsuitable land for the production of farm crop and livestock

considering the terrain, adverse soil or land conditions, drainage and flooding,

vegetation, location and size of tract, historical cropping patterns and availability of

water for irrigation.

3.

Existing farm dwellings may be converted to non-farm dwellings by land partitioning subject

to the following:

a)

Compliance with the Tribal Planning Office partition application process and the

provisions of the CTUIR Subdivision Manual.

b)

The maximum lot size shall be limited to two acres (the area necessary to accommodate

the existing dwelling, accessory structures, septic system and drainfield and well)

unless, due to topography or other circumstances, a larger lot size is deemed necessary.

c)

The remaining acreage of the parent lot, after the existing dwelling area has been

partitioned, shall remain vacant. The remaining acreage of the parent lot shall continue

to be used for farm uses and may include farm buildings as defined in Section 16.010.

SECTION 3.045

SETBACKS:

1.

No building shall be located closer than 20 feet from a property line or street or road.

2.

All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back

from the mean high-water line or mark along all streams or lakes a minimum of 100 feet

measured at right angles to the high-water line or mark.

3.

All structures, buildings or similar permanent fixtures shall be set back from the high-water line

or mark along all streams or lakes a minimum of 100 feet measured at right angles to the highwater line or mark.

SECTION 3.050

USES PERMITTED:

In an Ag-2 Zone the following uses and their accessory uses are allowed upon the issuance of a

Development Permit or Forest Practice Permit.

1.

Farm use as defined by this Code;

2.

Single family dwellings, including manufactured housing;

3.

Accessory Dwelling Units, per standards in Section 17.005 of this Code;

LAND DEVELOPMENT CODE

PAGE 31

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

4.

5.

6.

7.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

Net metering facility, solar only, subject to section 17.020 of this Code;

Planned Unit Developments, subject to Chapter 7 of this Code;

Forest Practices, subject to Section 4.025 of this Code:

A. Timber removal less than or equal to 5,000 board foot gross; such as, but not limited to:

1.

Pre-commercial thinning;

2.

Road construction/road closures; or

3.

Non-emergency fuel breaks;

B. Portable saw mill operations;

C. Chemical applications;

D. Prescribed Fire;

E. Destructive Forest research studies involving <5000 board feet.

SECTION 3.055

CONDITIONAL USES PERMITTED:

In an Ag-2 Zone the following uses are permitted subject to the requirements listed under section 6.010

through 6.035 inclusive and upon the issuance of a Development Permit or Forest Practice Permit.

1.

Timber harvest, timber removal greater than 5,000 board foot gross, subject to Section 4.025 of

this Code;

2.

Parks, playgrounds, wildlife sanctuaries and community facilities operated by and for the

Confederated Tribes of the Umatilla Indian Reservation;

3.

Agricultural research, experiment, projects, or buildings related thereto;

4.

Utility facility;

5.

Veterinary or animal hospital;

6.

Commercial activities that are in conjunction with a permitted use;

7.

Boarding or lodging house;

8.

Agri-business excluding agriculturally related business or industry with objectionable noises,

odors, hazards or other such conditions;

9.

Sanitary Land Fill operated by and for the Confederated Tribes;

10.

Roadside stand for sale of agriculture products;

11.

Cemeteries;

12.

Greenhouses in excess of 300 square feet;

13.

Horse, cattle and dairying operations provided that they meet requirements of the

Environmnetal Health Officer and are well maintained.

14.

Net Metering Facilities, excluding solar, subject to section 17.020 of this Code;

15.

Public or Semi-Public use.

LAND DEVELOPMENT CODE

PAGE 32

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER C. AG-3 -- SMALL FARM ZONE

SECTION 3.060

DESCRIPTION AND PURPOSE:

The Ag-3 Small Farm Zone is designed to maintain the agricultural lands and open space of the

Reservation and yet accommodate high intensity agriculture of such as the product of fruit crops,

vegetable crops, greenhouses, hay crops and certain types of animal husbandry excluding feed lots

and hog farms, in areas with adequate soils and efficient irrigation systems. The small farm zone is

also designed to allow tribal members and other persons to more economically become involved in

agriculture on a small scale to reduce the cost of living and/or provide additional income.

SECTION 3.065

ACREAGE-DIMENSIONAL STANDARDS:

1.

There shall be a 9 acre minimum lot acreage.

2.

The minimum average lot width shall be 100 feet and the minimum street frontage, 50 feet;

minimum average lot depth shall be 150 feet.

3.

Non-farm residential uses and land divisions therefore may be established on generally nonproductive agricultural lands upon a finding by the Land Protection Planning Commission that

each such use:

a)

Is compatible with farm uses and is consistent with intent and purposes set forth in the

Comprehensive Plan and this Code.

b)

Is situated upon generally unsuitable land for the production of farm crops and livestock

considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation,

location and size of tract, historical cropping patterns and availability of water for

irrigation.

SECTION 3.070

SETBACKS:

1.

No building or structure shall be located closer than 20 feet from a property line or street or

road.

2.

All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back

from the high-water line or mark along all streams or lakes a minimum of 100 feet, measured

at right angles to the high-water line or mark.

3.

All structures, buildings or similar permanent fixtures shall be set back from the high-water line

or mark along all streams or lakes a minimum of 100 feet measured at right angles to the highwater line or mark.

SECTION 3.075

USES PERMITTED:

In Ag-3 Small Farm Zone the following uses are permitted upon issuance of Development Permit.

1.

Farm Use as defined by this Code (except, livestock feed yards and hog farms);

2.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

3.

Net metering facility, solar only, subject to section 17.020 of this Code;

4.

The propagation, growing and harvesting of nursery products;

5.

Single family dwellings and buildings which are customary with the farm use;

6.

Manufactured home;

7.

Accessory Dwelling Units, per standards in Section 17.005 of this Code

8.

Planned Unit Development when the overall density resulting from the parcel of land to be

developed does not exceed one (1) dwelling unit per nine (9) acres.

LAND DEVELOPMENT CODE

PAGE 33

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.080

CONDITIONAL USES PERMITTED:

In an Ag-3 Small Farm Zone the following uses are permitted subject to the requirements listed under

Section 6.010 through 6.035 inclusive and upon the issuance of a Development Permit.

1.

Farm Storage facilities;

2.

Parks, playgrounds, wildlife sanctuaries and community facilities operated by and for the

Confederated Tribes of the Umatilla Indian Reservation;

3.

Agricultural, research experiment, projects and/or buildings related thereto;

4.

Utility facilities necessary for a public service excluding commercial facilities for sale to the

public;

5.

Horse, cattle and dairying operations provided that they meet requirements of the

Environmental Health Code and are well maintained;

6.

Roadside stand for sale of agricultural products;

7.

Cemeteries;

8.

Greenhouses in excess of 300 square feet;

9.

Personal-use landing strip for airplanes and helicopter pads, including associated facilities;

10.

Schools;

11.

Churches;

12.

Net metering facilities, excluding solar, subject to section 17.020 of this Code;

13.

Public or Semi-public use.

LAND DEVELOPMENT CODE

PAGE 34

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER D. AG-4 -- AGRI-BUSINESS ZONES

SECTION 3.085

DESCRIPTION AND PURPOSE:

An Ag-4 Agri-Business Zone is designed to provide areas for certain types of agriculturally oriented

businesses and services which may not otherwise need to locate in more intensive commercial or

industrial areas. It may be appropriate for storage, handling or processing of agricultural products, or

provide area for agriculturally oriented businesses which require larger areas.

SECTION 3.090

ACREAGE-DIMENSIONAL STANDARDS:

1.

There shall be a five (5) acre minimum lot size for placement of a dwelling unit or caretakers

residence.

2.

The minimum average lot width shall be 100 feet, with a minimum of 25 road frontage.

SECTION 3.095

SETBACKS:

1.

No building or structure shall be located closer than 30 feet from a property line or street or

road.

2.

All structures, buildings or similar permanent fixtures shall be set back from the high-water line

or mark along all streams or lakes a minimum of 100 feet measured at right angles to the highwater line or mark.

3.

All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back

from the high-water line or mark along all streams or lakes a minimum of 100 feet,

measured at right angles to the high-water line or mark.

SECTION 3.100

USES PERMITTED:

In an Ag-4, Agribusiness Zone the following uses are permitted upon the issuance of a Development

Permit.

1.

Farm use as defined by this code, except livestock feed yards or hog farms;

2.

Farm machinery service and storage;

3.

Greenhouses in excess of 300 square feet;

4.

Feed and seed processing and cleaning;

5.

Grain elevators;

6.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

7.

Net metering facility, solar only, subject to section 17.020 of this Code;

8.

Sport complexes or physical training facilities operated by and for the Confederated Tribes of

the Umatilla Indian Reservation;

9.

Commercial nurseries or greenhouse;

10.

Railways shall be zoned AG-4, Agri-business;

11.

Cold Storage Plant.

LAND DEVELOPMENT CODE

PAGE 35

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.105

CONDITIONAL USES PERMITTED:

In an Ag-4 zone the following uses are permitted subject to the requirements listed under Section 6.010

through 6.035 inclusive and upon the issuance of a Development Permit.

1.

Hog farm with full containment and sanitation facilities;

2.

Livestock feed yard;

3.

Sanitary land fill operated by and for the Confederated Tribes;

4.

Public or semi-public use;

5.

Net metering facility, excluding solar, subject to section 17.020 of this Code;

6.

Veterinary or animal hospital;

7.

Dog pound or kennel;

8.

Cemeteries.

LAND DEVELOPMENT CODE

PAGE 36

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER E. R-1 -- RURAL RESIDENTIAL ZONE

SECTION 3.110

DESCRIPTION AND PURPOSE:

The R-1, Rural Residential Zone is intended to promote areas for medium density suburban residential

development in close proximity to necessary public utilities (water, sewer, electricity, natural gas,

telephone, etc.)

SECTION 3.115

ACREAGE-DIMENSIONAL STANDARDS:

1.

Two (2) acre minimum lot size for the R-1, Rural Residential Zone.

2.

No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed

30 feet in height.

3.

Lot Width: Every lot shall have a minimum average width of 100 feet.

4.

Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an

approved cul-de-sac this may be reduced to 30 feet.

5.

Side Yard: A side yard shall be a minimum of 5 feet and the sum of the two side yards shall be

a minimum of 15 feet.

6.

Rear Yard: The rear yard shall be a minimum of 20 feet.

7.

Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the

lot area.

SECTION 3.120

SETBACKS:

1.

No building or structure shall be located closer than 20 feet from a front property line or street

or road or closer than 10 feet from an existing right-of-way or easement. Should the existing

right-of-way or easement be construed as the property line, then the 20 foot requirement shall

stand.

2.

All structures, buildings, or similar permanent fixtures shall be set back from the high-water

line or mark along all streams or lakes a minimum of 100 feet measured at right angles to the

high-water line or mark.

SECTION 3.125

REQUIREMENTS FOR USE:

1. All residential development in a R-1, Rural Residential Zone shall be completed so as to hook-on

to the existing sewer trunkline and Mission Water System;

2. Adequate structures, adequate corrals and fencing shall be provided for all animals.

3.

One horse, cow, goat, sheep, swine, or other livestock shall have a corral or pasture with a

useable area of at least 7,500 square feet.

4.

No enclosures for horses, cows, goats, sheep, swine, or other livestock, shall be located closer

than 100 feet to a neighboring dwelling.

5.

Fences erected in connection with keeping of livestock shall be of lumber or other standard

fencing material (not including barbed wire or electric fence) shall be kept in good repair, and

shall be at least 4 feet in height.

SECTION 3.130

USES PERMITTED:

In a R-1 Rural Residential Zone the following uses and accessory uses are permitted upon the issuance

of a Development Permit:

1.

Dwelling, single family;

2.

Manufactured home;

3.

Accessory Dwelling Unit, per standards in Section 17.005 of this Code

LAND DEVELOPMENT CODE

PAGE 37

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

4.

5.

6.

7.

8.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

Net metering facility, solar only, subject to section 17.020 of this Code;

Non-Commercial outdoor recreation;

Non-commercial greenhouse or nursery;

Planned Unit Development, subject to the planned unit development standard, requirements

and procedures in Chapter 7.

SECTION 3.135

CONDITIONAL USES PERMITTED:

In a R-1, Rural Residential Zone the following uses and their accessory uses are permitted, subject to

the requirements of Section 6.010 through 6.035 inclusive and upon the issuance of a Development

Permit.

1.

Commercial greenhouse or nursery;

2.

Small Animal Veterinary Clinic or animal hospital;

3.

Utility facility;

4.

Net metering facility, excluding solar, subject to section 17.020 of this Code;

5.

Roadside stand for sale of agricultural products;

6.

Temporary Use;

7.

Manufactured home parks;

8.

Church, schools;

9.

Boarding, lodging, rooming house;

10.

Duplexes;

11.

Parks, playgrounds;

12.

Public or Semi-public use.

LAND DEVELOPMENT CODE

PAGE 38

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER F. R-2 -- GENERAL RURAL ZONE

SECTION 3.140

DESCRIPTION AND PURPOSE:

The R-2, General Rural Zone is intended as a transition zone from agricultural uses to rural residential

uses or small farms. These lands contain many developed and undeveloped lots of record of varying

acreages and uses with inadequate flood plain management and lack of planned efficient utility

systems.

SECTION 3.145

ACREAGE-DIMENSIONAL STANDARDS:

1.

There shall be a 19 acre minimum lot acreage for a dwelling unit.

2.

The minimum average lot width shall be 100 feet and the minimum street frontage 50 feet.

3.

The minimum average lot depth shall be 150 feet.

4.

No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed

100 feet in height.

SECTION 3.150

SETBACKS:

1.

No building or structure shall be located closer than 20 feet from a property line or street or

road or closer than 10 feet from an existing right-of-way or easement. Should an existing

right-of-way or easement be construed as the property line, then the 20 foot requirement shall

stand.

2.

All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back

from the high-water line or mark along all streams or lakes a minimum of 100 feet, measured

at right angles to the high-water line or mark.

3.

All structure buildings or similar permanent fixtures shall be set back from the high-water line

or mark along all streams or lakes a minimum of 100 feet measured at right angles to the highwater line or mark.

SECTION 3.155

USES PERMITTED:

In a R-2, General Rural Zone the following uses and their accessory uses are permitted upon the

issuance of a Development Permit.

1.

Farm use as defined by this code;

2.

Dwelling, single family;

3.

Manufactured home;

4.

Accessory Dwelling Unit, per standards in Section 17.005 of this Code;

5.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

6.

Net metering facility, solar only, subject to section 17.020 of this Code;

7.

Non-Commercial outdoor recreation;

8.

Planned Unit Development, subject to Chapter 7 of this code;

9.

Non-commercial greenhouse less than 300 square feet or a non-commercial nursery.

LAND DEVELOPMENT CODE

PAGE 39

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.160

CONDITIONAL USES PERMITTED:

In a R-2 zone the following uses are permitted subject to the requirements listed under Section 6.010

through 6.035 inclusive and upon issuance of a Development Permit.

1.

Sanitary landfill operated by and for the Umatilla Confederated Tribes;

2.

Veterinary or animal hospital;

3.

Dog pound or kennel;

4.

Schools;

5.

Churches;

6.

Grain Elevators;

7.

Sports complexes or physical training facilities operated by and for the Umatilla Confederated

Tribes;

8.

Commercial nurseries;

9.

Commercial greenhouses;

10.

Roadside stands for sale of agricultural products;

11.

Nursing Homes;

12.

Duplex;

13.

Manufactured Home Park;

14.

Public or Semi-public use;

15.

Net metering facility, excluding solar, subject to section 17.020 of this Code.

LAND DEVELOPMENT CODE

PAGE 40

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER G. I-D -- INDUSTRIAL DEVELOPMENT ZONE

SECTION 3.165

DESCRIPTION AND PURPOSE:

The I-D, Industrial Development Zone is intended to provide areas for industrial development

compatible with the economic resource base of the Umatilla Indian Reservation and the economic

needs and wants of the people of the reservation. This zone designation is appropriate for areas in close

proximity to major transportation facilities and necessary utilities, while preserving or enhancing the

air, water and land resources of the area.

SECTION 3.170

ACREAGE-DIMENSIONAL STANDARDS:

1.

No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed a

height of 45 feet except grain elevators.

2.

Each lot shall have a minimum dimension of 100 feet.

SECTION 3.175

SETBACKS:

1.

No building or structure shall be located closer than 35 feet from a property line or street or

road.

2.

All structures, buildings or similar permanent fixtures, shall be set back from the upper edge of

the flood water channel or high-water line or mark, whichever is greater, along all streams or

lakes a minimum of 100 feet measured at right angles to the high-water line or mark.

SECTION 3.180

REQUIREMENTS FOR USE:

1.

All business, commercial and industrial activities and storage allowed in an I-D, Industrial

Development Zone shall be adequately landscaped to provide aesthetic enhancement. Such

landscaping shall be completed within 15 feet, but no closer than 5 feet of a property line or

street or road, and shall allow adequate sighting distance all intersections.

2.

Point of access from a public street or road to properties in an ID, Industrial Development zone,

shall be located to minimize traffic congestion and avoid directing traffic onto residential

streets.

3.

All noise, vibration, dust, odor, smoke, appearance or other objectionable factors involved in

any activity shall be confined or reduced so as to not be unduly detrimental to surrounding

properties.

4.

Material shall be stored and grounds shall be maintained in a manner which will not attract or

aid in the propagation of insects or rodents or otherwise be a detriment to the health, safety or

welfare of the residents of the Umatilla Indian Reservation.

5.

All uses shall comply with Chapter 10, Site Plan Review.

6.

Off-street parking and loading space shall be provided as required by section 17.010.

7.

Fences, walls, or hedges may be required by the Comprehensive Planning Manager if screening

is necessary to protect the residential quality of adjacent property in any residential zone.

LAND DEVELOPMENT CODE

PAGE 41

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.185

USES PERMITTED:

In an I-D, Industrial Development Zone the following uses and accessory uses are permitted upon

issuance of a Development Permit.

1.

Blacksmith or machine shop;

2.

Wholesale greenhouse or nursery;

3.

Grain elevator;

4.

Hauling, freighting and trucking yard or terminal;

5.

Ice or cold storage plant;

6.

General Industrial: Including manufacturing, compounding, processing, packaging, repairing,

treatment or fabrication of materials, assembling or treatment of products, but not including a

rendering plant;

7.

Warehouse or mini-warehouses including storage and mini-storage units;

8.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

9.

Net metering facility, solar only, subject to section 17.020 of this Code;

10.

Small Scale Solar Project, up to 3 MW, subject to section 17.020 of this Code;

11.

Foundry, less than 2,500 square feet of floor area;

12.

Tire recapping;

13.

Custom meat cutting and cold storage locker;

14.

Farming;

15.

Contractor's or building materials business and other construction-related business including

plumbing, electrical, roof, siding, etc., provided such use is wholly enclosed within a building

or no outside storage is permitted unless enclosed by sight-obscuring fence;

16.

Freight Depot;

17.

Wholesale distribution outlet including warehousing but excluding open outside storage;

18.

Utility Facility;

19.

Laboratory for experiment, research or testing;

20.

Welding, sheet metal or machine shop provided such is wholly enclosed within a building or

all outside storage is enclosed by sight-obscuring fencing.

21.

Machinery, equipment or automobile sales, service or storage.

22.

Limited retail when in conjunction with products manufactured on site, not to exceed 25% of

total industrial floor area.

23.

Processing, packaging or storage of food or beverages including wineries and breweries, but

not including processes involving slaughtering or rendering of fats and oils.

24.

Incidental provision of food service when associated with a permitted industrial use.

25.

Animal hospital or veterinary clinic.

LAND DEVELOPMENT CODE

PAGE 42

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.190

CONDITIONAL USES PERMITTED:

In an I-D Industrial Development zone the following uses and their accessory uses are permitted,

subject to the requirements of Section 6.010 through Section 6.035 inclusive and upon issuance of a

Development Permit:

1.

Flour Mill;

2.

Concrete block or pipe manufacturing;

3.

Concrete manufacturing plant;

4.

Foundry, in excess of 2,500 square feet of floor area;

5.

Manufactured home or dwelling unit accessory to a permitted or conditional use, for use as

accommodations for a caretaker or night watchman;

6.

Asphalt plant;

7.

Public use operated by or for the Confederated Tribes of the Umatilla Indian Reservation;

8.

Net metering facility, excluding solar, subject to section 17.020 of this Code;

9.

Solar power project exceeding 3 MW, subject to section 17.020 of this Code;

10.

Any use not identified in Section 3.185, Uses Permitted.

LAND DEVELOPMENT CODE

PAGE 43

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER H. C-D -- COMMERCIAL DEVELOPMENT ZONE

SECTION 3.195

DESCRIPTION AND PURPOSE:

The C-D, Commercial Development Zone is designed to promote individual and Tribal Enterprise

Development to diversify and improve the Reservation economy. The Commercial Development Zone

is established to promote efficient and appropriate locations for commercial and related service

activities.

SECTION 3.200

ACREAGE-DIMENSIONAL STANDARDS:

1.

The Land Protection Planning Commission may deviate from this requirement where it is

deemed necessary for the protection of the health, safety and welfare of the residents of the

Umatilla Indian Reservation.

2.

Lot width: No requirements.

3.

Lot depth: 100 feet.

4.

The front yard setback shall be a minimum of 10 feet.

5.

Side yard none, except when a side lot line is abutting a lot in a Residential zone, and then side

yard shall be a minimum of 10 feet.

6.

Rear yard, none except when a rear lot line is abutting a lot in a Residential zone and then the

rear yard shall be a minimum of 10 feet.

7.

Lot coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the

total lot area.

8.

Off-street parking and loading: Off street parking and loading space shall be provided as

required in Section 17.010.

9.

Height Regulations: No building or structures shall be hereafter erected, enlarged or

structurally altered to exceed a height of 120 feet.

SECTION 3.205

SETBACKS:

Refer to Chapter 17 for additional requirements.

SECTION 3.210

USES PERMITTED:

In a C-D, Commercial Development Zone the following uses and their accessory uses are permitted

upon issuance of a Development Permit:

1.

Agricultural supply and machinery enterprise, excluding activities which may have hazardous,

injurious or offensive noises, vibrations, smoke, dust, odors, heat, glare or other objectionable

influences;

2.

Automobile and truck repair and service centers;

3.

Automobile and truck service stations;

4.

Bakeries;

5.

Barber or Beauty shops;

6.

Business and professional offices;

7.

Business, retail, wholesale or service, catering directly to consumer;

8.

Dairy products store;

9.

Dry cleaning and laundry;

10.

Feed and seed and garden supplies;

11.

Financial institutions;

LAND DEVELOPMENT CODE

PAGE 44

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

Frozen food lockers;

Gift shop;

Grocery;

Hardware;

Motel or Hotel and associated resort pool or aquatic facility;

Greenhouses, commercial;

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

Net metering facility, solar only, subject to section 17.020 of this Code;

Parking lots and multi-level parking garages constructed to serve commercial facilities

authorized in this subchapter;

Plumbing and sheet metal shops, retail or wholesale;

Restaurant or eating establishment;

Home occupation;

Shoe Repair Shop;

Tailoring and dressmaking;

Gunsmith;

Veterinary or animal hospital;

Art galleries, libraries, and reading rooms;

Artist supplies and picture framing;

Auto parts sales;

Bicycle Shop;

Book or Stationary Store;

Jewelry Store;

Leather goods and luggage;

Health and Medical Services;

Vocational and job training facilities;

Day care and child entertainment facilities;

Bowling alley;

Multi-tenant retail complex (Mall);

Theater and multi-auditorium Cineplex;

Casino or gaming facility authorized by the Tribal Gaming Code;

RV Parks;

Multi-event center for musical, athletic, cultural, business convention and related commecial

community or governmental functions;

Convention and meeting facilities;

Sports bar and lounge facilities authorized under the Tribal Liquor Code;

Utility facility;

Spa; and

LAND DEVELOPMENT CODE

PAGE 45

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

48.

Any other use held similar to the above uses, as approved by the Comprehensive Planning

Manager.

SECTION 3.215

CONDITIONAL USES PERMITTED:

In a C-D, Commercial Development Zone the following uses and their accessory uses are permitted

subject to the requirements of Section 6.010 through 6.035 inclusive and upon issuance of Development

Permits:

1.

Public use operated by or for the Confederated Tribes of the Umatilla Indian Reservation;

2.

Roadside stand for the sale of agricultural products;

3.

Caretaker residence;

4.

Limited light or hand manufacturing when in conjuncion with primarily retail activity not to

exceed 25% of total retail floor area;

5.

Net metering facility, excluding solar, subject to section 17.020 of this Code.

LAND DEVELOPMENT CODE

PAGE 46

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER I. P-1 -- PUBLIC USE ZONE

SECTION 3.220

DESCRIPTION AND PURPOSE:

The purpose of the P-1, Public Use Zone is to set aside land for educational, recreational, homesites,

subsidization for the benefit of the Tribe, or tribal religious organizations or an agency of Federal, State

or local governments.

SECTION 3.225

ACREAGE-DIMENSIONAL STANDARDS:

1.

The P-1, Public Use Zone acreage and dimensional standards shall be determined by the

Commission or Board of Trustees as the case may be.

2.

Off-street parking - Off street parking shall be provided as required in Section 17.010.

SECTION 3.230

SETBACKS:

May be imposed by the Commission or Board of Trustees based upon findings which may require such

restrictions.

SECTION 3.235

USES PERMITTED:

Within the P-1, Public Use Zone the following uses are allowed subject to the issuance of a

Development Permit:

1.

Single family/Multi-family dwellings;

2.

Governmental Buildings;

3.

Government Shop and Garages;

4.

Recreational Facilities;

5.

Sports Ground and Complexes;

6.

Educational Facilities;

7.

Cultural Facilities;

8.

Utility Facility;

9.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

10.

Net metering facility, solar only, subject to section 17.020 of this Code;

11.

Parks;

12.

Archeological Sites;

13.

Duplex;

14.

Planned Unit Development, subject to Chapter 7 of this code.

LAND DEVELOPMENT CODE

PAGE 47

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.240

CONDITIONAL USES ALLOWED:

In a P-1, Public Use Zone the following uses are permitted subject to the requirements listed under

Sections 6.010 through 6.035 inclusive and upon issuance of a Development Permit.

1.

Roadside stand for sale of agricultural products;

2.

Special Exceptions;

3.

Cemeteries;

4.

Greenhouses in excess of 300 square feet;

5.

Sanitary Landfills;

6.

Net metering facility, excluding solar, subject to section 17.020 of this Code.

LAND DEVELOPMENT CODE

PAGE 48

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER J. P-1 OVERLAY -- U.I.R. PUBLIC USE OVERLAY ZONE

SECTION 3.2410

DESCRIPTION AND PURPOSE:

The purpose of the P-1 Overlay Zone is to support and protect the integrity of the Tamastslikt Cultural

Institute of the Umatilla Indian Reservation, and within the context of supporting the Institute, to set

aside land for education, recreation, subsidization for the benefit of the Tribe, tribal religious

organizations or an agency of Federal, State or local governments.

SECTION 3.2420

ACREAGE-DIMENSIONAL STANDARDS:

The P-1 Overlay Zone acreage and dimensional standards shall be determined by the Commission or

Board of Trustees.

SECTION 3.2430

SETBACKS:

May be imposed by the Commission or Board of Trustees based upon findings which may require such

restrictions.

SECTION 3.2435

GENERAL STANDARDS:

1.

Off-street parking shall be provided as required in Section 17.010;

2.

All structures shall be designed, constructed and maintained in a manner which is consistent

with the architectural style and enhances the function and aesthetics of the Interpretive Institute.

SECTION 3.2440

USES ALLOWED:

The following uses are allowed without the issuance of a Development Permit:

1.

Those items addressed in Chapter 16 of this Code;

2.

Temporary commercial activities associated with planned activities organized by the

Interpretive Institute.

SECTION 3.2443

USES PERMITTED:

The following uses are subject to the issuance of a Development Permit:

1.

Recreational Facilities;

2.

Structures associated with the collection of research data, including but not limited to:

anemometers, air quality monitors and structures housing fish and wildlife research equipment;

3.

Net metering facility, solar only, subject to section 17.020 of this Code;

4.

Sports Ground and Complexes;

5.

Educational Facilities;

6.

Cultural Facilities;

7.

Parks;

8.

Archeological Sites.

LAND DEVELOPMENT CODE

PAGE 49

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.2445

CONDITIONAL USES ALLOWED:

In a P-1 Overlay Zone the following uses are permitted subject to the requirements listed under Sections

6.010 through 6.035 inclusive and upon issuance of a Development Permit.

1.

Government buildings;

2.

Government shop and garages;

3.

Special Exceptions;

4.

Cemeteries;

5.

Utility facility;

6.

Net metering facility, excluding solar, subject to section 17.020 of this Code.

LAND DEVELOPMENT CODE

PAGE 50

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER K. F-2 -- RESTRICTED INDIAN FORESTS

SECTION 3.245

DESCRIPTION AND PURPOSE:

The F-2, Restricted Indian Forests Zone is designated to the Tribal trust lands of the Johnson Creek

Restoration Area which were added to the Umatilla Indian Reservation by the Johnson Creek

Restoration Act of 1939. Lands within this zone are undeveloped and culturally significant. Generally,

these lands are utilized and managed for range, timber and other tribal interests.

SECTION 3.250

ACREAGE-DIMENSIONAL STANDARDS:

There shall be a 159 acre minimum lot size.

SECTION 3.255

SETBACKS:

1. No building or structure shall be located closer than 20 feet from a property line, street or road.

2. All structures, buildings or similar permanent fixtures shall be set back from the high-water line or

mark along all streams or lakes a minimum of 100 feet measured at right angles to the high-water

line or mark.

3. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from

the high-water line or mark along all streams or lakes a minimum of 100 feet, measured at right

angles to the high-water line or mark.

SECTION 3.260

USES PERMITTED:

In the F-2 zone the following Forest Practices are subject to Section 4.025 and the issuance of a Forest

Practices Permit.

A. Timber removal less than or equal to 5,000 board foot gross; such as, but not limited to:

1.

Pre-commercial thinning;

2.

Road construction/road closures; or

3.

Non-emergency fuel breaks;

B. Portable saw mill operations;

C. Chemical applications;

D. Prescribed Fire;

E. Destructive Forest research studies involving <5000 board feet.

SECTION 3.265

CONDITIONAL USES PERMITTED:

In the F-2 Zone the following uses and their accessory uses are permitted subject to the requirements

listed under Section 6.010 through 6.035 inclusive and upon issuance of a Development Permit or

Forest Practices Permit. Accessory structures are not subject to the exceptions found in Section 16.010

of this Code.

1. Timber harvest, timber removal greater than 5,000 board foot gross, subject to Section 4.025 of this

Code;

2. Recreational facilities operated by and for the Confederated Tribes of the Umatilla Indian

Reservation;

3. Public uses operated by and for the Confederated Tribes of the Umatilla Indian Reservation;

4. Temporary use.

LAND DEVELOPMENT CODE

PAGE 51

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER L. G-1 -- BIG GAME GRAZING FOREST ZONE

SECTION 3.270

DESCRIPTION AND PURPOSE:

The G-1, Big Game Grazing Forest Zone is designated to provide critical range for big game

populations. The purpose of this zone is to preserve and maintain habitat for big game and other

wildlife. Lands within this zone are largely undeveloped and located at the higher elevations of the

Reservation. Generally, these lands are utilized and managed for outdoor recreation, range and timber

with very limited development.

SECTION 3.275

ACREAGE-DIMENSIONAL STANDARDS:

There shall be a 159 acre minimum lot size.

SECTION 3.280

SETBACKS:

1. No building or structure shall be located closer than 20 feet from a property line, street or road.

2. All structures, buildings or similar permanent fixtures shall be set back from the high-water line or

mark along all streams or lakes a minimum of 100 feet measured at right angles to the high-water

line or mark.

3. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from

the mean high-water line or mark along all streams or lakes a minimum of 100 feet, measured at

right angles to the high-water line or mark.

SECTION 3.285

USES PERMITTED:

In a G-1 zone the following uses are subject to the issuance of a Development Permit or Forest Practices

Permit. Forest Practices are subject to Section 4.025 of this Code.

1.

Planned grazing systems;

2.

Net metering facility, solar only, subject to section 17.020 of this Code;

3.

Range improvements;

4.

Forest Practices:

A. Timber removal less than or equal to 5,000 board foot gross; such as but not limited to:

1.

Pre-commercial thinning;

2.

Road construction/road closures; or

3.

Non-emergency fuel breaks;

B. Portable saw mill operations;

C. Chemical applications;

D. Prescribed Fire;

E. Destructive Forest research studies involving <5000 board feet.

LAND DEVELOPMENT CODE

PAGE 52

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.290

CONDITIONAL USES PERMITTED:

In a G-1 Big Game Grazing Forest Zone the following uses and structures accessory to permitted uses

are permitted subject to the requirements listed under Sections 4.025 and 6.010 through 6.035 inclusive

and upon issuance of a Development Permit or Forest Practices Permit. Accessory structures are not

subject to the exceptions found in Section 16.010 of this Code.

1.

Timber harvest, timber removal greater than 5,000 board foot gross, subject to Section 4.025 of

this Code;

2.

Fish and Wildlife projects, research or buildings related thereto;

3.

Recreational facilities operated by and for the Umatilla Confederated Tribes;

4.

Public or Semi-public use operated by and for the Confederated Tribes;

5.

Structures associated with the collection of research data, including but not limited to:

anemometers, air qulaity monitors and structures housing fish and wildlife research equipment;

6.

Net metering facility, excluding solar, subject to section 17.020 of this Code;

7.

Soil and water conservation projects;

8.

Temporary use;

9.

Single family dwellings, including manufactured housing.

LAND DEVELOPMENT CODE

PAGE 53

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SUB-CHAPTER M. FHO -- FLOOD HAZARD OVERLAY ZONE

SECTION 3.294

GENERAL INFORMATION:

The flood hazard areas of the Umatilla Indian Reservation are subject to periodic inundation which

may result in loss of life and property, health and safety hazards, disruption of commerce and

governmental services, extraordinary public expenditures for flood protection and relief, and

impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by the cumulative effect of changes in stream morphology, bedload (size,

density, roughness of material), slope and related sinuosity of the stream, and in changes in carrying

capacity of the stream due to the placement of fill material or other development in areas of special

flood hazards, which increase flood heights and velocities, harms habitat critical to protected species,

and when structures and materials are inadequately anchored, damage uses and properties in other

areas. Uses that are placed in harm’s way, inadequately floodproofed, elevated, or otherwise protected

from flood damage also contribute to flood loss.

SECTION 3.295

PURPOSE:

The purpose of the Flood Hazard Overlay Zone (FHOZ) is to promote and protect the public health,

safety and general welfare, to protect soils, water quality, and quantity, to maintain and improve fish

and wildlife habitat and minimize public and private flood losses due to flood, mudflow or flood-related

erosion by provisions designed to:

1.

Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood,

mudslide and flood-related erosion hazards or which cause increased susceptibility to damage

from these events;

2.

Require that uses vulnerable to floods, mudslide and flood-related erosion hazards, including

public facilities which serve such uses, locate or install such facilities as may be necessary for

flood protection at the time of initial construction;

3.

Ensure that potential buyers are notified when property is in a Special Flood Hazard Area;

4.

Minimize the expenditure of public money for costly flood control projects;

5.

Minimize the need for rescue and relief efforts associated with flooding, mudslide and floodrelated erosion hazards and generally undertaken at the expense of the general public;

6.

Minimize interruptions to commerce;

7.

Minimize damage to public facilities and utilities such as water and gas mains, electric,

telephone and sewer lines as well as streets and bridges located in a Special Flood Hazard Area;

8.

Ensure that those who occupy the Special Flood Hazard Areas assume responsibility for their

actions;

9.

Protect Tribal resources;

10.

Preserve natural and beneficial floodplain functions;

11.

Afford citizens and residents of the Umatilla Indian Reservation the opportunity to obtain flood

insurance through the National Flood Insurance Program by ensuring compliance with 44 CFR

60, Requirements for Flood Plain Management Regulations; and

12.

Minimize pain and suffering resulting from flooding and its aftermath.

SECTION 3.300

COMPLIANCE:

A lot may be used and a structure or part of a structure may be constructed, reconstructed, altered,

occupied or used in a FHOZ only as these overlay standards permit or allow (see Chapter 15,

Enforcement Procedures).

LAND DEVELOPMENT CODE

PAGE 54

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION

As Amended through Resolution No. 25-040 (June 2, 2025)

SECTION 3.305

LOCATION OF FLOOD HAZARD OVERLAY ZONE:

1.

The FHOZ shall be the Special Flood Hazard Areas as identified by the Federal Insurance

Administration in the “Flood Insurance Study for Umatilla County Oregon and Incorporated

Areas” dated September 3, 2010, a scientific and engineering report which includes the

Umatilla Indian Reservation, as may be amended from time to time, with the accompanying

Flood Insurance Rate Maps (FIRMs), panels 1036G; 1041G; 1042G; 1061G; 1062G; 1066G;

1067G; 1078G; 1086G; 1079G; 1087G; 1083G; 1091G; 1084G; 1092G; 1103G; 1102G; and

1104G also as may be amended and adopted by the Board of Trustees. The FIRMs and Flood

Insurance Study (FIS) shall be available for review at the Tribal Planning Office.

2.

Where base flood elevation (BFE) data has not been provided in accordance with Subsection 1

of this Section the Comprehensive Pl

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STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (2025) | Frix