# HO-CHUNK NATION CODE (HCC) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3Adee31681dc5b151c ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text HO-CHUNK NATION CODE (HCC) TITLE 1 – ESTABLISHMENT ACTS SECTION 21 – HO-CHUNK LAND PLANNING COMMISSION ESTABLISHMENT AND ORGANIZATION ACT CITE AS: 1 HCC § 21 ENACTED BY LEGISLATURE: December 9, 2025 1. Authority. a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”) grants the Legislature the power to make laws, including codes, ordinances, resolutions, and statutes. b. Article V, Section 2(b) of the Constitution authorizes the Legislature to establish Executive Departments, and to delegate legislative powers to the Executive Branch to be administered by such Departments, in accordance with law; any Department established by the Legislature shall be administered by the Executive; the Legislature reserves the power to review any action taken by virtue of such delegate powers. c. Article V, Section 2(h) of the Constitution grants the Legislature the power to enact all laws prohibiting and regulating conduct, and imposing penalties upon all persons within the jurisdiction of the Nation. d. Article V, Section 2(k) of the Constitution authorizes the Legislature the power acquire or purchase lands for the benefit of the Nation and its members. e. Article V, Section 2(l) of the Constitution grants the Legislature the power to enact laws to manage, lease, permit, or otherwise deal with the Nation’s lands, interests in lands or other assets. f. Article V, Section 2(m) of the Constitution grants the Legislature the power to enact laws to prevent the sale, disposition, or encumbrance of Ho-Chunk lands, or other Ho-Chunk assets. g. Article V, Section 2(o) of the Constitution grants the Legislature the power to enact laws to regulate and zone any lands within the jurisdiction of the Ho-Chunk Nation. W8914 Airport Road (715) 284-9343 Legislative Office P.O. Box 667 Black River Falls, WI 54615 Fax (715) 284-3172 (800) 294-9343 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 2 of 9 h. Article V, Section 2(r) of the Constitution grants the Legislature the power to protect and foster Ho-Chunk religious freedom, culture, language, and traditions. i. Article V, Section 2(t) of the Constitution grants the Legislature the power to enact laws governing law enforcement on lands within the jurisdiction of the Nation. j. Article V, Section 2(w) of the Constitution grants the Legislature the power to enact laws to regulate hunting, fishing, trapping, recreation and all other related activities on lands within the Nation’s jurisdiction. k. The Legislature established the Nation’s Land Development Team (“LDT”) within Resolution 04-21-09 B. The LDT was created to meet bi-weekly to consider matters related to use, development, and leasing of Ho-Chunk lands; formulate recommendations for the Legislature on those matters, and have the LDT Chairperson relay such recommendations to the Legislature for final determination. l. The LDT was designated to enforce the administration of the NATION’S ZONING AND LAND USE ORDINANCE (8 HCC § 4), until the establishment of the Nation’s Land Planning Commission. m. The ZONING AND LAND USE ORDINANCE (8 HCC § 4) provides for an appeal process by the LDT – or Land Planning Commission once established - to review decisions made by the Nation’s Executive Director of Administration, or their designee. 2. Purpose. This Act establishes and organizes the Ho-Chunk Nation Land Planning Commission (“Commission”). 3. Mission. The Land Planning Commission is the entity responsible for making recommendations to the Legislature regarding the comprehensive land use planning for the HoChunk Nation. The Land Planning Commission serves as an advisory body that reviews and recommends land use plans, zoning regulations, leases, land acquisition, and development proposals to the Ho-Chunk Nation Legislature, essentially shaping the future development of the Nation’s community by providing expert input on how land should be utilized and developed. 4. Scope. a. In all Nation laws where the Land Development Team is cited as being an entity and having a role, such shall be supplanted with Land Planning Commission commencing upon the latter date in which all members of the Land Planning Commission have been appointed by the Legislature and the Commission’s bylaws have been ratified by the Legislature. Upon such date, the Land Development Team shall cease to exist. b. The Land Planning Commission has a responsible role under the following laws, and other laws and resolutions that may be passed in the future: 2 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 3 of 9 (1) ZONING AND LAND USE ORDINANCE (8 HCC § 4). (2) LAND CONSOLIDATION CODE (8 HCC § 8). (3) AGRICULTURAL LEASING CODE (8 HCC § 9). (4) BUSINESS SITE LEASING CODE (8 HCC § 10). (5) RESIDENTIAL LEASING CODE (8 HCC § 11). (6) RIGHTS-OF-WAY ORDINANCE (8 HCC § 16). 5. Organization. a. Composition. (1) The Commission shall be composed of five (5) voting Commission members, one of which shall be the Nation’s Realty Division Director. (2) A Legislator shall not serve as a Commission member during their legislative term(s). (3) The Executive Director of Administration, or their designee, shall be required to attend meetings, but shall not be a Commission member. b. Commission Chairperson. The Commission Chairperson shall be selected by a majority vote of the Commission. The Commission Chairperson shall have the ability to vote. c. Recording Secretary. The Commission Secretary shall be selected by a majority vote of the Commission. The Commission Secretary shall have the authority to make motions and vote. Meeting minutes shall be prepared for each meeting by the Recording Secretary. d. Term. (1) Four voting Commission members shall be initially appointed by the Legislature. The Legislature shall signal the length of each appointed Commission member's term at the time of appointment. (a) One of the appointed Commission members shall serve a two-year term. (b) One of the appointed Commission members shall serve a four-year term. (c) Two of the appointed Commission members shall serve six year terms. 3 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 4 of 9 (d) The fifth voting Commission member shall be the Nation’s Realty Division Director, with such Commission member seat not requiring a term limit. (2) Upon the expiration of an initial appointment, or subsequent appointment, the four appointed Commission members shall be appointed for four (4) year terms by application to and final selection by the Legislature, as described in Section 8. (3) Commission members shall not have term limits, subject to removal. 6. Meetings. a. Frequency. The Commission shall meet at least twice monthly, and at such other times as the Commission may require. b. Quorum. Three (3) voting Commission members shall constitute a quorum. A quorum is required to conduct business. If a quorum of Commission members is not seated, such that the Commission cannot carry out its functions, the Legislature may directly address all matters delegated to the Commission by this Act. c. Telecommunications. Commission members are allowed to utilize telephonic, computer, or other secure technological means to count toward a quorum, to make motions, and to vote. d. Open Meetings. All Commission Meetings are subject to the Nation’s OPEN MEETINGS ACT (2 HCC § 2) and the Commission shall conduct its meetings in accordance with that Act. The Commission is authorized to go into Executive Session for appropriate subjects and such meeting minutes shall be confidential. 7. Bylaws. Within ninety (90) days of the first meeting of the Commission, the Commission shall submit, upon approval by the Commission, bylaws and any necessary amendments to the bylaws to the Legislature for ratification. If the Commission wishes to amend the bylaws at any other time, it must approve of the amendments and submit them to the Legislature for ratification. 8. Commission Member Qualifications. a. To be eligible for appointment, Commission members shall have one or more of the following qualifications. (1) Education. Bachelor’s Degree in land use planning, land management, urban planning, regional planning, environmental planning, landscape architecture, civil engineering, architecture, geography, and/or environmental science; (2) Work Experience. Three years of relevant work experience in one or more of the following fields: 4 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 5 of 9 (a) Roads: transportation planning, easements, site grading, rights-of-way, land surveying; (b) Land Planning: land/community/renewable/economic development, land use planning, zoning, natural/water resources planning, environmental & water studies, land surveying; (c) Lands: realty, land management, negotiating leases, appraisals, real estate; (d) Construction: permitting, site development, construction plans, storm water pollution prevention plans, erosion control, site grading, water & sewer systems; (e) Cultural History/Historic Preservation (someone with this expertise must be a HoChunk Nation member). (3) Licensure/Certification. Licensed/Certified Professional Land Surveyor, Certification from American Institute of Certified Planners, Licensed/Certified Professional Engineer, Certified in Geographic Information Systems (GIS), Licensed/Certified Architect, Certified in Environmental Impact Assessment (EIA), and/or Real Estate License. b. The Commission members shall be federally-recognized tribal members, with a minimum of three (3) being Ho-Chunk tribal members. An exemption to this requirement may be permitted if the Nation’s Realty Division Director is ever not a member of the Ho-Chunk Nation or other federally-recognized tribe. c. Vacancy. If there is a vacancy on the Commission, including the initial vacancies, the Legislature shall issue a public notice of such vacancy and specify how an individual that is interested in an appointment to the Commission shall submit a letter of interest and a resume to the Legislature. d. Criminal Background Check. All potential Commission members shall undergo a criminal background check prior to the appointment. A potential Commission member shall not be eligible for service on the Commission if the criminal background check reveals criminal charges and/or conviction for either of the following: (1) A felony. (2) Any conviction of a crime of dishonesty, including, but not limited to, fraud, misrepresentation, theft or deception in any form. (3) An applicant may request a waiver of any of the above offenses by submitting such request to the Legislature at the time of their application. The Legislature has the sole discretion to approve or deny a waiver of the offenses listed above, which if issued shall be included in the Resolution appointing the Commission member to the Commission. 5 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 6 of 9 Any decision by the Legislature to grant or deny a waiver is a final decision of the Legislature and cannot be appealed. In determining whether to issue a waiver, the Legislature shall take into consideration whether the applicant has been convicted of, or entered a plea of guilty or no contest to, any of the following offenses, unless the person has been pardoned: a. b. Any felony conviction. Any conviction for fraud, misrepresentation, theft, or deception in any form or connection. e. Oath. Each Commission member shall honorably protect and uphold the purpose of the Commission with integrity, diligence and foresight. Members shall complete confidentiality and/or non-disclosure agreements. f. Appointment. Upon satisfactory background check or waiver, and meeting the minimum requirements of this Section, the Legislature may appoint an individual as a Commission member, with such appointment effectuated by Resolution. g. Training. Commission members shall periodically receive training on land use planning, policy, law, and procedures. Funding for such training shall come from the Commission’s budget contained within Department of Administration’s budget. h. Ongoing Qualifications. All the qualification requirements listed above must be maintained throughout a Commission member's term and shall be verified at least annually by the Nation’s Executive Director of Administration, or their designee. If a Commission member is no longer qualified, they shall immediately notify the Legislative Development Commission to determine if removal is required and public notice of a vacancy need be made. 9. Conflicts of Interest. a. Conflicts of Interest. Each Commission member shall avoid any conflicts of interest with other Commission members, applicants, or vendors that come before the Commission, and disclose any dealings or interactions with such vendors to the Commission. (1) Recusal of Commission members. (a) The Commission shall determine whether a conflict of interest exists between a member of the Commission and a Commission member, applicant, or vendor in a matter pending before the Commission. Such determination shall be made according to the relevant Ho-Chunk Nation law. 6 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 7 of 9 (b) If the Commission determines that one of its members has a conflict of interest, that member shall be disqualified from participating in the matter pending before the Commission. 10. Commission Member Removal. a. The Legislature, at the recommendation of the Commission or Nation’s Executive Director of Administration, or their designee, may remove a Commission member for wrongdoing or misconduct, negligence, or neglect of duty, by a two-thirds (2/3) majority vote at a regular meeting, provided that the member of the Commission subject to removal is informed of the charges and given an opportunity to respond. b. Grounds for Removal. Grounds for removal of a member of the Commission shall include, but are not limited to, the following: (1) Conviction of any felony in tribal, county, state or federal court. (2) Willful and persistent misconduct reflecting negatively on the dignity and integrity of the Commission or the Nation. (3) Failure to comply with the CONSTITUTION OF THE HO-CHUNK NATION, the CODE OF ETHICS ACT (2 HCC § 1) and other applicable laws. (4) Unexcused absence from three (3) regular or special meetings of the Commission. (5) Misappropriation of funds. (6) No longer meeting the minimum qualifications. c. Commission removals will be finalized by Resolution. 11. Duties and Functions. The Land Planning Commission shall: a. Perform all required functions, including review and making advisory recommendations to the Legislature on land zoning and land use topics, pursuant to the ZONING AND LAND USE ORDINANCE (8 HCC § 4). b. Review and make advisory recommendations to the Legislature on land consolidation opportunities pursuant to the LAND CONSOLIDATION CODE (8 HCC § 8). c. Review and make advisory recommendations to the Legislature on agricultural leases pursuant to the AGRICULTURAL LEASING CODE (8 HCC § 9). 7 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 8 of 9 d. Review and make advisory recommendations to the Legislature on business site leases pursuant to the BUSINESS SITE LEASING CODE (8 HCC § 10). e. Consult on potential plan amendments, rezoning, and other land-use regulations related to residential leases pursuant to the RESIDENTIAL LEASING CODE (8 HCC § 11). f. Assist in the development of a Comprehensive Land Use Plan for the Nation, which shall be consistent with the purposes of this Act and the ZONING AND LAND USE ORDINANCE (8 HCC § 4). The Commission shall review any proposed Comprehensive Land Use Plan and provide a written recommendation to the Legislature regarding adoption of the Comprehensive Land Use Plan and incorporation thereof as part of the ZONING AND LAND USE ORDINANCE (8 HCC § 4). No plan related to land use or natural resource/agricultural land management may be proposed to or considered by the Legislature without first obtaining the recommendation of the Commission. 12. Technical Advisors. Technical advisors are responsible for technical review and to offer their recommendations on approval, denial, or conditioning of certain land use applications, development permits, leases, land acquisitions, or other items wherein technical advice is sought by the Commission. Technical advisors shall not have the authority to make a motion or vote, nor shall they count in the determination as to whether or not the Commission has enough members to obtain quorum. a. Technical advisors shall include: (1) Legal Advisor. The Nation’s Attorney General or his or her designee shall serve as a legal advisor to the Commission. b. Technical advisors may include, but are not limited to, the following: (1) Civil, structural, geotechnical, or transportation engineers; (2) Natural resources or environmental scientists or managers; (3) Cultural resources managers or tribal historic preservation officers; (4) Employees of the Legislature or other Nation departments, organizations, or enterprises. 13. Compensation and Funding. a. Commission members shall be compensated for their service in accordance with the HoChunk Nation’s FINANCE ORDINANCE (5 HCC § 5) and the EMPLOYMENT RELATIONS ACT (6 HCC § 5). 8 Ho-Chunk Nation Legislature Ho-Chunk Land Planning Commission Establishment and Organization Act Page 9 of 9 b. Pursuant to the Nation's APPROPRIATIONS AND BUDGET PROCESS ACT (2 HCC § 4), annual appropriations shall be requested to fund the costs associated with paying for the Commission by the Nation’s Department of Administration. 14. Annual Report to the Nation. The Commission shall submit, through the Nation’s Executive Director of Administration, or their designee, to the Legislature an annual written report within thirty (30) days of the end of the fiscal year. It will report on the activities of the Commission, achievement of the goals and objectives for the previous fiscal year, and the impact, if any, of fiscal constraints on its current goals and objectives. 15. Severability. If any of the provisions or application of any provision of this Act shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provision(s) shall be severed and the remaining provisions shall continue in full force and effect. 16. Savings Clause. All enactments of the Ho-Chunk Nation adopted before the effective date of this Act shall remain in full force and effect to the extent that they are consistent with this Act. ______________________________________________________________________________ Legislative History: 08/05/25 12/09/25 Legislature adopts resolution 08-05-25J Placing the Ho-Chunk Land Planning Commission Establishment and Organization Act out for 45 day public comment. Legislature adopts resolution 12.09.25F Enactment of the Ho-Chunk Land Planning Commission Establishment and Organization Act. 9 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3Adee31681dc5b151c. Public record. Not legal advice.