# STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_umatilla%3A8142c226ee951297 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_umatilla%3A8142c226ee951297. Public record. Not legal advice.