White Earth Reservation
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White Earth Reservation
Environmental Code
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Record of Revision
Date
1/31/2011
11/24/2014
Resolution Number
057-11-001
057-15-002
6/1/2023
057-23-025
10/25/24
057-25-001
12/29/25
057-26-007
Reason for Amendment
NA-Original Enactment
To Include the Hazardous
Substance Code
Revise Tribal Farm Chemical
Code to Pesticide and
Chemical Code
Amend Pesticide and
Chemical Code
Administrative Amendment
to Pesticide and Chemical
Code
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White Earth Reservation Environmental Code
Table of Contents
Preamble
W.E.E.C. 100.00 General Information and Provisions
W.E.E.C. 100.01 Name of Code
W.E.E.C. 100.02 Prior Inconsistent Ordinances Repealed
W.E.E.C. 100.03 Amendment of the Environmental Code
W.E.E.C. 100.04 Severability
W.E.E.C. 100.05 Compatibility with Other Code Requirements
W.E.E.C. 100.06 Exclusiveness of Offense
W.E.E.C. 100.07 Effective Date
W.E.E.C. 100.08 Jurisdiction
W.E.E.C. 100.09 Enforcement
W.E.E.C. 100.10 Authority
W.E.E.C. 101.00 General Provisions and Prohibited Acts
W.E.E.C. 102.00 Definitions
W.E.E.C. 200.00 Wetlands Code
W.E.E.C. 201.00 Wetland Water Quality Standards
W.E.E.C. 202.00 Water Quality Criteria
W.E.E.C. 203.00 Wetlands in areas of special natural resources interest
W.E.E.C. 204.00 Implementation
W.E.E.C. 205.00 Applicability
W.E.E.C. 206.00 Department Determinations
W.E.E.C 300.00 Pesticide and Chemical Code
W.E.E.C. 300.01 Title
W.E.E.C. 300.02 Scope
W.E.E.C. 300.03 Definitions
W.E.E.C. 300.04 Authority of the White Earth Department of Natural Resources and the
Pesticide Coordinator
W.E.E.C. 300.05 Unlawful Acts
W.E.E.C. 300.06 Civil Proceedings
W.E.E.C. 300.07 Civil Administrative Penalties
W.E.E.C. 300.08 Criminal Penalties
W.E.E.C. 300.09 Enforcement Actions by the Pesticide Coordinator
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W.E.E.C. 300.10 Right of Entry
W.E.E.C. 300.11 Judicial Review
W.E.E.C. 300.12 Effective Date
W.E.E.C. 300.13 Severability
W.E.E.C. 300.14 Amendments
W.E.E.C 400.00 Solid Waste Disposal and Recycling Code
W.E.E.C. 401.00 Findings
W.E.E.C. 402.00 Solid Waste Storage
W.E.E.C. 403.00 Solid Waste Disposal
W.E.E.C. 404.00 Open Burning Prohibitions
W.E.E.C. 405.00 Solid Waste Recycling
W.E.E.C. 406.00 Solid Waste Disposal Fee
W.E.E.C. 407.00 Enforcement
W.E.E.C 500.00 Shoreland Management Code
W.E.E.C. 501.00 Unlawful Acts
W.E.E.C. 502.00 High Water Level
W.E.E.C. 503.00 Boat Lifts, Dock’s, Gazebo’s, Landings, Rafts, Stairways and Storage
Compartments
W.E.E.C. 504.00 Steep Slopes
W.E.E.C. 505.00 Vegetation Alterations
W.E.E.C. 506.00 Topographic Changes
W.E.E.C. 507.00 Placement and Design of Roads, Driveways and Parking Areas
W.E.E.C. 508.00 Storm Water Management
W.E.E.C. 509.00 Standards for Commercial, Industrial, Public and Semipublic Uses
W.E.E.C. 510.00 Agricultural Use Standards
W.E.E.C. 511.00 Forest Management Standards
W.E.E.C. 512.00 Permits for work within the body of water
W.E.E.C. 513.00 Exemptions
W.E.E.C. 600.00 Zoning Code
W.E.E.C. 600.00 Purpose
W.E.E.C. 601.00 Intent
W.E.E.C. 602.00 Rules
W.E.E.C. 603.00 Permits Required
W.E.E.C. 604.00 Enforcement General
W.E.E.C. 605.00 Glare / Lighting
W.E.E.C. 606.00 Exterior Storage
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W.E.E.C. 700.00 Individual Septic System Code
W.E.E.C. 701.00 Purpose
W.E.E.C. 702.00 Treatment required
W.E.E.C. 703.00 Compliance
W.E.E.C. 704.00 Required upgrade
W.E.E.C. 705.00 Standards for Property Sales and Disclosures
W.E.E.C. 706.00 Prohibitions and Requirements
W.E.E.C. 707.00 Permits
W.E.E.C. 708.00 Restrictions
W.E.E.C. 709.00 Inspection Required
W.E.E.C. 710.00 Building Sewers
W.E.E.C. 711.00 Sewage Tanks
W.E.E.C. 712.00 Final Treatment and Disposal
W.E.E.C. 713.00 System Abandonment
W.E.E.C. 714.00 Alternative and Experimental Systems
W.E.E.C 800.00 Abandoned, Manufactured and Mobile Homes Code
W.E.E.C. 801.00 Purpose
W.E.E.C. 802.00 Abandoned and Uninhabitable Manufactured and Mobile Homes
W.E.E.C. 803.00 Determined of Abandonment
W.E.E.C. 804.00 Determination of an Uninhabitable Dwelling
W.E.E.C. 805.00 Notification of Removal
W.E.E.C. 806.00 Possession of Property
W.E.E.C. 807.00 Issuance of Order
W.E.E.C. 808.00 Execution of Order
W.E.E.C. 809.00 Exemptions
W.E.E.C 900.00 Storm Water Management Code
W.E.E.C. 901.00 Introduction
W.E.E.C. 902.00 General Provisions
W.E.E.C. 903.00 Purpose
W.E.E.C. 904.00 Development of a Stormwater Design Manual
W.E.E.C. 905.00 Permit Required
W.E.E.C. 906.00 Application Requirements
W.E.E.C. 907.00 Application Procedure
W.E.E.C. 908.00 Permit Duration
W.E.E.C. 909.00 Waivers for Providing Stormwater Management
W.E.E.C. 910.00 General Performance Criteria for Stormwater Management
W.E.E.C. 911.00 Minimum Control Requirements
W.E.E.C. 912.00 Design Feasibility
W.E.E.C. 913.00 Conveyance Issues
W.E.E.C. 914.00 Pretreatment Requirements
W.E.E.C. 915.00 Treatment/Geometry Conditions
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W.E.E.C. 916.00 Landscaping Plans Required
W.E.E.C. 917.00 Maintenance Agreements
W.E.E.C. 918.00 Non-Structural Stormwater Practices
W.E.E.C. 919.00 Stormwater Management Plan Required for All Developments
W.E.E.C. 920.00 Stormwater Management Concept Plan Requirements
W.E.E.C. 921.00 Final Stormwater Management Plan Requirements
W.E.E.C. 922.00 Performance Bond/Security
W.E.E.C. 923.00 Notice of Construction Commencement
W.E.E.C. 924.00 As Built Plans
W.E.E.C. 925.00 Landscaping and Stabilization Requirements
W.E.E.C. 926.00 Maintenance Easement
W.E.E.C. 927.00 Maintenance Covenants
W.E.E.C. 928.00 Requirements of Maintenance Covenants
W.E.E.C. 929.00 Inspection of Stormwater Facilities
W.E.E.C. 930.00 Right of Entry for Inspection
W.E.E.C. 931.00 Records of Installation and Maintenance Activities
W.E.E.C. 932.00 Failure to Maintain Practices
W.E.E.C. 933.00 Enforcement and Penalties
W.E.E.C. 1000.00 Abandoned and Junk Motor Vehicle/Car Code
W.E.E.C. 1001.00 Findings
W.E.E.C. 1002.00 Abandonment
W.E.E.C. 1003.00 Partially Dismantled, Wrecked, Junked, Discarded or Non-Operating
W.E.E.C. 1004.00 Permitted Junk Vehicle
W.E.E.C. 1005.00 Partially Dismantled, Wrecked, Junked, Discarded or Non-Operating on
Private Property
W.E.E.C. 1100.00 Salvage Yard Code
W.E.E.C. 1101.00 Findings/Purpose
W.E.E.C. 1102.00 Applicability
W.E.E.C. 1103.00 Permit Required
W.E.E.C. 1104.00 Exempt Activities
W.E.E.C. 1105.00 Permitted Uses
W.E.E.C. 1106.00 Special uses
W.E.E.C. 1107.00 Permit Procedures
W.E.E.C. 1108.00 Environmental Assessment
W.E.E.C. 1109.00 Performance Guarantees
W.E.E.C. 1110.00 Location Standards
W.E.E.C. 1111.00 Site Design Standards
W.E.E.C. 1112.00 Operating Requirements
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W.E.E.C. 1200.00 Hazardous Substances Code
W.E.E.C. 1200.00 General Provisions
W.E.E.C. 1201.00 Amendments
W.E.E.C. 1202.00 Severability
W.E.E.C. 1203.00 Violation of Code
W.E.E.C. 1204.00 Penalties
W.E.E.C. 1205.00 Authority of the Natural Resources Director
W.E.E.C. 1206.00 Court Proceedings
W.E.E.C. 1207.00 Jurisdiction
W.E.E.C. 1208.00 Judicial Procedures
W.E.E.C. 1209.00 Sovereign Immunity
W.E.E.C. 1210.00 Unlawful Acts
W.E.E.C. 1211.00 Release Reporting, Monitoring, and Response Actions
W.E.E.C. 1212.00 Access to Property and Information
W.E.E.C. 1213.00 Response Action Required of Responsible Party
W.E.E.C. 1214.00 Response Actions by Director
W.E.E.C. 1215.00 Contribution
W.E.E.C. 1216.00 Voluntary Response Program
W.E.E.C. 1217.00 Voluntary Cleanup
W.E.E.C. 1218.00 General Enforcement Authority
W.E.E.C. 1219.00 Administrative Orders
W.E.E.C. 1220.00 Assessment of Penalties
W.E.E.C. 1221.00 Administrative Hearings
W.E.E.C. 1222.00 Judicial Enforcement
W.E.E.C. 1223.00 Citizen Suits
W.E.E.C. 1224.00 Rulemaking
W.E.E.C. 1225.00 Review in the White Earth Tribal Court
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WHITE EARTH RESERVATION
ENVIRONMENTAL CODE
PREAMBLE
The White Earth Band of Ojibwe (Gaa-waababiganikaag), a sovereign nation, for
the purpose of securing our rights and powers inherent in our Sovereign status as reinforced by
the laws and the treaties with the United States is entrusted to protect the land base, the natural
resources, treaty rights, and the culture and identity of our members.
It is the responsibility of the White Earth Band of Ojibwe, as a sovereign nation, through
reasonable regulations and management activities, to manage and protect the Reservation’s
resources and environment by efficient and effective ways to insure that these resources and
environment are managed and protected in a manner as to allow maximum usage while yet
maintaining a population at a level capable of regeneration.
It is for these and other purposes that the White Earth Band of Ojibwe Tribal Council
enacts the following Environmental Code pursuant to their inherent powers and the authority of
the Minnesota Chippewa Tribal Constitution, Article 1, Section 3.
The White Earth Environmental Code shall apply to any person(s) who pollute, dump, or
cause destruction to the environment within the exterior boundaries of the White Earth
Reservation. The United States established a Federal Indian Policy, which supplements tribal
authority to regulate land, water and air within exterior boundaries, recognizes a tribe’s right to
enact stringent regulations in furtherance of national and tribal for environmental conservation
over tribal and non-tribal land including non-Indian fee land.
The White Earth Natural Resources Department, in carrying out their assigned duty to
protect or manage natural resources, shall be exempted from the restrictions herein stated to the
extent necessary to fulfill their assigned tasks or job duties.
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W.E.E.C. 100.00 General Information and Provisions
W.E.E.C. 100.01 Name of Code
This Code shall be known as the White Earth Reservation Environmental Code and may
be referred to as the Environmental Code and may be abbreviated as the W.E.E.C. All rules and
regulations contained herein may be cited by the names given in the ruled headings. The
Preamble shall not be considered part of this Code.
W.E.E.C. 100.02 Prior Inconsistent Ordinances Repealed
Any and all Codes of the Reservation Tribal Council which conflict in any way with the
provisions of this Code are hereby repealed, to the extent that they are inconsistent with or
conflict with, or are contrary to the spirit and/or purpose of the Code.
W.E.E.C. 100.03 Amendment of the Environmental Code
The Environmental Code may be amended by the Reservation Tribal Council by adoption
of a resolution stating such changes. Additions to this Environmental Code shall become part
thereof for all purposes and shall be codified and incorporated herein in a manner consistent with
the numbering and organization thereof.
W.E.E.C. 100.04 Severability
If any provision of this Code or the application of any provisions of this Code to any
person or circumstances is held invalid, the remainder of this Code shall not be affected thereby.
W.E.E.C. 100.05 Compatibility with Other Code Requirements
Where the provisions of this Code impose greater restrictions than those of any other
ordinance or regulation, the provisions of this Code shall be controlling. Where the provisions of
any statute, other ordinance or regulation propose greater restrictions than this Code, the
provisions of such statute, ordinance or regulation shall be controlling.
W.E.E.C. 100.06 Exclusiveness of Offense
No conduct constitutes an offense unless so declared by this Code or by any other tribal
resolution or Code. Offenses may be an omission of a requirement or special provision or
engaging in a prohibited act.
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W.E.E.C. 100.07 Effective Date
This Code shall apply to all offenses as herein defined occurring on or after its effective
date including amendments, seasons, limits and other regulations established by the Director of
Natural Resources or Reservation Tribal Council.
W.E.E.C. 100.08 Jurisdiction
The jurisdiction of the White Earth Tribal Court shall extend to all aspects of the
Environmental Code and shall extend to all Lands, Waters and Residents within the original
boundaries of the Reservation.
The jurisdiction of the White Earth Tribal Court shall extend to all aspects of the
Environmental Code and shall extend to all enrolled members of the Minnesota Chippewa Tribe,
and to all members of a federally recognized tribe.
The jurisdiction of this Code shall be criminal in nature and the penalties assessed for any
violation of any prohibited act contained herein or amendatory thereof shall be in the form of
dollar amount fines and/or incarceration and/or loss and/or revocation or resource taking permits
and/or seizure of vehicles, boats, guns, fishing equipment and any and all other equipment used
during the course of a violation of alleged violation of this Code.
This Code shall also include penalties which are civil in nature which include monetary
civil penalties, as well as injunctive relief.
W.E.E.C. 100.09 Enforcement
Notwithstanding any other provision of law, an authorized official or any other persons
authorized by the White Earth Reservation Tribal Council that has been deemed to enforce all or
part of this Code.
W.E.E.C. 100.10 Authority
The foregoing shall not be deemed to limit or restrict the Natural Resources Department,
or any other person(s) who represents the White Earth Reservation Tribal Court System from
taking other appropriate action, including issuance of cease and desist orders, and giving
notification to the representative of Federal, Tribal, State, County or municipal government
agencies.
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W.E.E.C. 101.00 General Provisions and Prohibited Acts
Subd.1) It is deemed a prohibited act, for the purpose of this Code, for any person, political
entity, business entity, or governing body, or any of the aforementioned persons, entities, or
bodies, to interfere with the lawful enforcement of this Code.
Subd.2) It is deemed a prohibited act to flee, attempt to flee, or fail to stop for an Officer when
requested by word, red lights or siren while in the performance of his/her duties.
Subd.3) It is deemed a prohibited act to assault or attempt to assault, or in any manner endanger
the health or safety of an Officer or Natural Resources Department worker engaged in the lawful
enforcement of this Code or in the performance of his/her duties.
Subd.4) It is prohibited to aid, abet, or help any person who is committing or attempting to
commit any act prohibited by this Code. This includes both active and passive acts, and failures
to act, which result in a violation of this Code.
Subd.5) It is a prohibited act to tend, disturb, move, damage, obstruct, or interfere with any
equipment, activity or person of the White Earth Conservation and/or Natural Resources
Department in the performance of the equipments functions or the person’s assigned task or
duty.
Subd.6) It is prohibited to hinder, resist arrest, or obstruct a Conservation Officer in the
performance of his/her duties.
Subd.7) It is prohibited to falsely impersonate a Conservation Officer.
Subd.8) Committing perjury to prevent lawful enforcement of this code, either for the benefit of
you or another person, is strictly prohibited.
Subd.9) Giving false information to a law enforcement officer is prohibited.
Subd.10) Violation of this Code may result in a fine, reimbursement of costs incurred, and/or
revocation of Natural Resources Harvest Permit, other Tribal licensing, and/or other Tribal
privileges.
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W.E.E.C. 102.00 Definitions
Subd.1) Abandoned: Deserted, vacant, neglected, left empty, not being used or lived in.
Subd.2) Accelerated Erosion: Erosion caused by development activities that exceeds the natural
processes by which the surface of the land is worn away by the action of water, wind, or
chemical action.
Subd.3) Accessory Building or Structure: Any building or structure that is an accessory to the
principal use of the property.
Subd.4) Accessory Use: A use or an accessory to a permitted or conditional use.
Subd.5) Agency: A federal government department such as but not limited to: Bureau of Indian
Affairs, Indian Health Service or Environmental Protection Agency or an agency of the State of
Minnesota.
Subd.6) Agricultural Building or Structure: Any building or structure that is used for
agricultural purposes, existing or erected on land primarily used for agriculture, with the
exception of a dwelling.
Subd.7) Agricultural Commodity: Shall mean any plant or part thereof, or animal product
produced by a person (including but not limited to farmers, ranchers, vineyardists viticulturist,
plant propagators, Christmas tree growers, agriculturists, floriculturists, orchardists, foresters,
and landscape gardeners) primarily for sale, consumption, propagation, or other use.
Subd.8) Agricultural Materials: Shall mean any pesticide, fertilizer of chemical mixture
applied to the land in the course of the production of an Agricultural commodity.
Subd.9) Agriculture: The art or science of cultivation of the soil, the growing of soil crops,
horticulture of crops, and forestry in the customary manner, the accessory raising of livestock
and poultry, also packing, treating, or storing the produce raised on the premises.
Subd.10) Aircraft: Shall mean any machine designed to travel through the air.
Subd.11) Animal: The term “animal” means all vertebrate and invertebrate species including but
not limited to all mammals, birds, fish, and shellfish.
Subd.12) Antenna: Any structure or device used for the purpose of collecting or radiating
electromagnetic waves, including, but not limited to, directional antennas, such as panels,
microwave dishes, and satellite dishes, and omni-directional antennas, such as whips.
Subd.13) Antisiphon Device: Equipment or a device used to prevent the backflow or
backsiphonage of agricultural chemicals or mixtures of agricultural chemicals and water to the
groundwater or surface water from the application of agricultural chemicals through irrigation
systems and includes, but is not limited to, a reduced pressure zone backflow preventer, single or
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double irrigation system supply check valve, system interlock, low pressure shutdown device,
and supply tank safeguard.
Subd.14) Applicant: A property owner or agent of a property owner who has filed an application
for a stormwater management permit.
Subd.15) Arterial Road: Being a main road with many branches.
Subd.16) As-builts: Drawings and documentation specifying the final in-place location,
size, and type of all system components. These records identify the results of materials testing
and describe conditions during construction. As-builts contain a certified statement.
Subd.17) Authorized Personnel: The foregoing shall not be deemed to limit or restrict the
Natural Resources Department, or any other person(s) who represents the White Earth
Reservation or Tribal Court System from taking other appropriate action, including issuance of
cease and desist orders, and giving notification to the representative of Federal, Tribal, State,
County or municipal government agencies.
Subd.18) Baffle: A device installed in a septic tank for proper operation of the tank and to
provide maximum retention of solids, and includes vented sanitary tees and submerged pipes in
addition to those devices that are normally called baffles.
Subd.19) Band: The White Earth Band of Chippewa Indians.
Subd.20) Berm: A narrow ledge or shelf, or raised bank or path, as along the top or bottom of a
slope or around the perimeter of property.
Subd.21) Bluff: A topographic feature such as a hill, cliff, or embankment having any of the
following characteristics:
a)
b)
c)
The slope rises above the ordinary high water level of the water body;
The grade of the slope from the toe of the bluff to any point 25 feet or more above
the ordinary high water level averages 30 percent or greater; and
An area otherwise within a bluff with an average slope of less than 18 percent
over a distance for 50 feet or more, measured on the ground, shall not be
considered part of the bluff.
Subd.22) Bluff Impact Zone: A bluff and land located within thirty (30) feet from the top of the
bluff.
Subd.23) Boathouse: A structure designed and used solely for the storage of boats or boating
equipment.
Subd.24) Bodies of Water: Shall mean;
a)
Any lake, pond, river, steam, creek, drainage ditch bank and shore of, or
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b)
Any irrigation ditch or canal containing water for more then 60 days during the
spring and summer months of the agriculture season.
Subd.25) Buffer: Physical barrier that separates different land uses or mitigates a risk associated
with a land use or structure, including vegetated buffers, topographic buffers, setback or distance
buffers.
Subd.26) Buffer Zone: Shall mean unused parts of land between adjoining properties.
Subd.27) Building: Any structure for the shelter, support or enclosure of persons, animals, or
property. A structure used for essential services is not a building, i.e. utility.
Subd.28) Building Code: The Tribal Building Code or other applicable International Building
Code.
Subd.29) Building Height: The vertical distance from the average elevation of the adjoining
ground level to the top of the highest point of the structure.
Subd.30) Campground: A parcel of land designed, constructed and administrated for the
placement of recreation vehicles, tents or trailers.
Subd.31) Certificate of Compliance: A document written after a compliance inspection,
certifying that a system is in compliance and signed by a qualified employee or licensee.
Subd.32) Certified Applicator: The term “certified applicator” means any individual who is
certified under the Federal Insecticide Fungicide Rodenticide Act (FIFRA) as authorized to use
or supervise the use of any pesticide which is classified for restricted use.
Subd.33) Certified Statement: A statement signed by a licensee or qualified employee
certifying that work was completed in accordance with applicable requirements.
Subd.34) Cesspool: An underground pit or seepage tank into which raw sewage is discharged
and from which the liquid seeps into the surrounding soil, bedrock, or other soil materials.
Subd.35) Channel: A natural or artificial watercourse with a definite bed and banks that
conducts continuously or periodically flowing water.
Subd.36) Check Valve: A device designed and constructed to effectively provide a positive,
absolute closure of an irrigation pipeline or conduit or an agricultural chemical injection line that
positively prevents the flow of a mixture of agricultural chemicals or agricultural chemicals and
water to an irrigation pipeline, water supply, injection device, or supply tank when operation of
the irrigation system pumping plant or agricultural chemical injection unit fails or is shut down.
Subd.37) Chemigation: A device or combination of devices having a hose, pipe, or other
conduit directly connected to a water supply through which a mixture of agricultural chemicals
and water, are injected or drawn into and applied to land, crops, or plants.
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Subd.38) Cluster Development: A pattern of planned unit development or subdivision
development which places housing units into compact groupings while providing a network of
commonly-owned or dedicated open space.
Subd.39) Commercial Applicators: See Certified Applicator.
Subd.40) Commercial, Industrial, Public and Semipublic Uses: Shall mean any other uses of
shore land that is not privately owned.
Subd.41) Commercial Use: The use of land or buildings for the retail sale, lease, rental or trade
of products, goods or services.
Subd.42) Compliance Inspection: Any evaluation, investigation, inspection, or other such
process to make conclusions, recommendations, or statements regarding the condition of an
individual sewage treatment system. Compliance inspections must be conducted by a qualified
employee or under a license independent of the owner and the installer.
Subd.43) Conservation Habitat Lakes: Lakes with quality natural features where limited
development and access may occur. Characteristics include pristine surroundings and natural
appearing environment. Most of these lakes are used for resource habitat or harvest: therefore
access is limited to semi-primitive non-motorized and semi-primitive motorized vehicles. May
have some residential planned development within setbacks. No commercial development.
Subd.44) Conservation Officer: Shall mean any person licensed under White Earth Tribal Laws
and/or 25 CFR who is duly authorized and/or employed by the White Earth Reservation Tribal
Council to provide enforcement of Tribal conservation laws.
Subd.45) Cultural Resources: Prehistoric or historic areas of cultural value which may consist
of sites, objects, historic standing structures, sacred and burial locations and areas where
traditional practices, resources or cultural properties are used, located or collected.
Subd.46) Deck: An above grade, uncovered, unscreened platform with or without attached
railings, seats, trellises, or other features, attached or functionally related to a dwelling unit,
principal use or site.
Subd.47) Declaration of Emergency: To notify restricted use applicators by means of radio and
or television or other available means after an emergency pest situation has been determined by
the Pesticide Coordinator. Emergencies may only be declared by the Pesticide Coordinator
and/or the Tribal Chairman.
Subd.48) Dedication: The deliberate appropriation of property by its owner for general public
use.
Subd.49) Demolition Waste: Solid waste, largely inert waste, resulting from the demolition of
or construction of buildings, roads and other man-made structures.
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Subd.50) Designated Registered Professional: An individual who is included on the agency's
ISTS professional register with specialty area endorsements that correspond to the license, who
has been designated by the individual's employer as its representative for work to be done on an
individual sewage treatment system, and who is subject to the obligations of a license and has a
restricted license due to the need for experience, or has been licensed by the Tribe.
Subd.51) Detention: The temporary storage of storm runoff in a stormwater management
practice with the goals of controlling peak discharge rates and providing gravity settling of
pollutants.
Subd.52) Detention Facility: A detention basin or alternative structure designed for the purpose
of temporary storage of stream flow or surface runoff and gradual release of stored water at
controlled rates.
Subd.53) Developer: A person who undertakes land disturbance activities.
Subd.54) Disclosure: Any conclusions or statements regarding an ISTS made by the owner of a
property served by an ISTS which meets the following requirements: (a) Before signing an
agreement to sell or transfer real property, the seller or transferor must disclose in writing to the
buyer or transferee information on how sewage generated at the property is managed, and if that
management system is permitted by the agency or if it is not permitted and therefore subject to
applicable requirements. A seller or transferor who fails to disclose the existence or known
status of an ISTS at the time of sale, and who had reason to know of the existence or known
status of the system, is liable to the buyer or transferee for costs relating to bringing the system
into compliance with applicable regulations and for reasonable attorney fees for the collection of
costs from the seller or transferor, unless otherwise agreed to in writing before the close of the
sale. Such action must commence within two years after the date of purchase or transfer.
Subd.55) District: A section of the Reservation for which the regulations governing the height,
area, use of buildings and premises are the same.
Subd.56) Docks and Piers: Shall mean a man-made structure projected into the bodies of water.
Subd.57) Dog Kennel: Shelter and/or enclosure where dogs are bred, trained and/or boarded for
commercial purposes, excluding shelter and/or enclosure for pets. Determination of the need for
a kennel permit will be made upon time of application, based on information provided by
applicant.
Subd.58) Drainage Easement: A legal right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
Subd.59) Duplex: A dwelling structure that has two dwelling units attached by common walls
and have separate sleeping, cooking, eating, living, and sanitation facilities.
Subd.60) Dwelling: Any building or part thereof which is designed or used exclusively for
habitation purposes by one or more persons, either permanently, or transiently; including motel,
22
hotel, resort rooms and cabins. A mobile home or park home shall be considered a dwelling. A
travel trailer, recreational vehicle or tent shall not be considered a dwelling for purposes of this
Code.
Subd.61) Dwelling, Multiple Family: A dwelling structure that has more than two dwelling
units attached by common walls each of which has separate sleeping, cooking, eating, living, and
sanitation facilities.
Subd.62) Dwelling, Single Family: A dwelling structure that is the sole principle structure on a
lot or home site assignment, which has common cooking, eating and living facilities which is
operated as a single housekeeping unit as distinguished from a boarding house, club house,
fraternity house or hotel.
Subd.63) Easement: A right or privilege afforded any entity to make limited use of another’s
real property. An easement is an encumbrance against the property, but does not include all the
rights to the property.
Subd.64) Endangered Species: Shall mean those plants or animals declared to be an endangered
species by the Federal Government.
Subd.65) Environment: Shall mean water, air, land, and the interrelationship which exists
between them.
Subd.66) Environmentally Sensitive Areas: Lands that may include wellhead protection zones,
surface waters, such as lakes, ponds, seasonal or perennial rivers / streams, springs, and wetlands
and their shorelines and buffer zones, beaches, bluffs, slopes subject to instability and erosion;
special soil types and soils unsuitable for building foundations or road beds, essential habitat for
animal and / or plants important to the band or may be determined by the White Earth Natural
Resources Department.
Subd.67) Erosion and Sediment Control Plan: A plan that is designed to minimize the
accelerated erosion and sediment runoff at a site during construction activities.
Subd.68) Essential Services: Overhead or underground electrical, gas, steam or water
transmission distribution systems and structures, or collection, communication, supply or
disposal systems and structures, used by public utilities, rural electric cooperatives, public
cooperatives or governmental departments or commissions. Also such distribution systems and
structures as are required for protection of the public health, safety, or general welfare, including
towers, poles, wires, mains, drains, microwave relay towers, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, and accessories in connection therewith, but not including
buildings.
Subd.69) Extractive Use: The removal of any sand, gravel, stone, coal, clay, peat, subsoil,
topsoil or mineral from the land for sale.
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Subd.70) Failing System: Any system that poses an imminent threat to public health and safety
or that discharges sewage to a seepage pit, cesspool, drywell, or leaching pit and any system with
less than three feet of soil or sand between the bottom of the distribution medium and the
saturated soil level or bedrock.
Subd.71) Feedlot, Animal: A lot or building or combination of lots and buildings intended for
the confined feeding, breeding, raising, or holding of animals and specifically designed as a
confinement area in which manure may accumulate, or where the concentration of animals is
such that a vegetative cover cannot be maintained within the enclosure. For purposes of these
parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to
be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
Subd.72) Fee in Lieu: A payment of money in place of meeting all or part of the storm water
performance standards required by this Code
Subd.73) FIFRA: The Federal Insecticide, Fungicide, and Rodenticide Act.
Subd.74) Flood Plain: Shall mean the level of land that may be submerged by floodwaters and
an area built up by stream deposition.
Subd.75) Floor Area: The sum of the gross horizontal area of the several floors of a building
measured from the exterior walls, including basements and attached accessory buildings.
Subd.76) Floor Area Ratio (F.A.R.): The gross floor area of all structures on a lot divided by
the gross lot area.
Subd.77) Forest Management: Shall mean management practices by the Bureau of Indian
Affairs, Forestry Division and the White Earth Reservation Natural Resources Department.
Subd.78) Game Farm: A privately owned operation for the commercial hunting or display of
game species in a controlled environment. Game species are privately acquired from licensed
captive game stock sellers and are not from "wild stock" and are not considered wild
game. Game species can be used for hunting, buying, selling, propagating, brokering or trading
to other licensed game farms for the purpose of hunting or exhibiting species for educational or
promotional purposes.
Subd.79) Green Space: Privately owned property permanently dedicated by covenant or deed
restriction to vegetate ground coverage with allowance for use as recreational facilities, tree
coverage, water course, sewage disposal or similar uses. Public property permanently dedicated
to park, vegetative buffer, tree coverage or water courses.
Subd.80) Greywater: Sewage that does not contain toilet wastes.
Subd.81) Grower: Shall mean person or persons in possession of the property for the purpose of
farming operations.
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Subd.82) Hazard: A probability that a given pesticide will have an adverse effect on man or the
environment in a given situation, the relative likelihood of danger or ill effects being dependent
on a number of interrelated factors present at any given time.
Subd.83) Hazardous Acts: Shall mean;
a)
b)
Passive Act - Shall mean an act that unintentionally has become hazardous to the
health and/or the environment of the surrounding area(s).
Active Act - Shall mean an act that intentionally has become hazardous to the
health and/or the environment of the surrounding area(s).
Subd.84) Hazardous Waste: Solid waste meeting the criteria established for hazardous waste in
Federal Law, 40 C.F.R Sec. 261, that is flammable, corrosive, radioactive, toxic or reactive.
Subd.85) High Water Level: Shall mean the boundary of bodies of waters and wetlands, and
shall be an elevation delineating the highest water level which, has been maintained for a
sufficient period of time to leave evidence upon the landscape, commonly that point where the
natural vegetation changes from predominantly aquatic to predominantly terrestrial. For
watercourses, the high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the high water level is the operating elevation of the summer pool.
Subd.86) Holding Tank: A tank for storage of sewage until it can be transported to a point of
approved treatment and disposal.
Subd.87) Home Occupation: A use of commercial nature conducted by an occupant entirely
within the dwelling or accessory buildings which use is clearly incidental and secondary to the
use of the dwelling for residential purposes and does not change the residential character thereof.
Involves providing a service to people or organizations with no exterior evidence of the
secondary use except for a sign allowed by this Code. Generates less than ten auto trips per
week. No more than two employees including owner.
Subd.88) Homesite Assignment: A parcel of land assigned via Tribal Resolution to an adult
(age 18 or older) enrolled member of the White Earth Reservation. The purpose of a homesite
assignment is for the assignee’s year round residential use.
Subd.89) Hospital or Medical Waste: All laboratory wastes, including but not limited to
cultures of etiological agents, which pose a substantial threat to health due to their volume and
virulence. Pathological specimens, including human or animal tissues, blood elements, excreta,
and secretions that containing etiologic agents, and attendant disposal fomites. Surgical
specimens, including human or animal parts and tissues removed surgically, or at autopsy.
Human dialysis waste materials, including arterial lines and dialysate membranes. Carcasses of
animals infected with etiological agents that may present a substantial hazard to public health if
improperly managed. Equipment, instruments, utensils, or any other material that is likely to
transmit etiological agents. Sharps, needles and lancelets which have not been contained for
disposal in leak-proof, rigid, puncture-resistant containers such as cartons or metal cans which
25
are taped closed or tightly lidded to preclude loss of contents under sever compaction conditions.
Any other material that is likely to transmit etiologic agents, or presents a significant danger of
infection, because it is contaminated with, or may reasonably be expected to be contaminated
with, etiological agents.
Subd.90) Hotspot: An area where land use or activities generate highly contaminated runoff,
with concentrations of pollutants in excess of those typically found in stormwater.
Subd.91) Hydrologic Soil Group (HSG): A Natural Resource Conservation Service
classification system in which soils are categorized into four runoff potential groups. The groups
range from A soils, with high permeability and little runoff production, to D soils, which have
low permeability rates and produce much more runoff.
Subd.92) Imminent threat to public health or safety: Situations with the potential to
immediately and adversely impact or threaten public health or safety. At a minimum, ground
surface or surface water discharges and any system causing sewage backup into a dwelling or
other establishment shall constitute an imminent threat.
Subd.93) Impact Areas: Shall mean any area that will be affected by visual, aesthetic value,
degradation, or impelling or compelling effect on the environment.
Subd.94) Impervious Cover: Any material that substantially reduces or prevents the infiltration
of water. Impervious surfaces include, but are not limited to: streets, roofs, sidewalks,
driveways, parking lots, and similar facilities and areas covered with gravel, concrete,
bituminous, compacted sand, lime rock, clay or other surfaces that substantially reduce or
prevent the infiltration of water.
Subd.95) Impervious Surface: Any material that substantially reduces or prevents the
infiltration of water. Impervious surfaces include, but are not limited to: streets, roofs,
sidewalks, driveways, parking lots, and similar facilities and areas covered with gravel, concrete,
bituminous, compacted sand, lime rock, clay or other surfaces that substantially reduce or
prevent the infiltration of water.
Subd.96) Incident Response Plan: A written document addressing floods, fires, tornados,
transportation accidents, storage container ruptures, leaks, spills, emission discharges, escape
plans, disposal, or other events that releases or immediately threatens to release an agricultural
chemical accidentally or otherwise into the environment, and may cause unreasonable adverse
effect on the environment.
Subd.97) Indian Country: Indian Country is defined in Title 18 U.S. Code 1151
Subd.98) Individual Sewage Treatment System or ISTS: A sewage treatment system, or part
thereof, serving a dwelling, or other establishment, or group thereof that uses subsurface soil
treatment and disposal. Individual sewage treatment system includes holding tanks and privies.
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Subd.99) Industrial Stormwater Permit: An National Pollutant Discharge Elimination System
(NPDES) permit issued to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges or specifies on-site pollution
control strategies.
Subd.100) Industrial Use: The use of land or buildings for the production, manufacturing,
warehousing, storage, or transfer of goods, products, commodities, or other wholesale items.
Subd.101) Infiltration: The process of percolating stormwater into the subsoil.
Subd.102) Infiltration Facility: Any structure or device designed to infiltrate retained water to
the subsurface. These facilities may be above grade or below grade.
Subd.103) Irrigation Systems: A device or combination or devices that supplies water for
agricultural and horticultural purposes to land, crops, or plants by means of pipes, hoses,
sprinklers, drippers, ditches, furrows, or other devices that are connected directly to a source of
ground or surface water
Subd.104) ISTS Professional: A person who conducts site evaluations or designs, installs,
alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system
and is required to comply with applicable requirements.
Subd.105) Junk: Materials including, but not limited to, used or abandoned barrels or drums;
dismantled or inoperative industrial or commercial equipment or machinery; household rubbish,
debris or garbage; junk vehicles (as herein defined); and any of the following old, scrap or used
items: metal, rags, paper, cardboard, plastic, rubber products, glass products, lumber products
including pallets, appliances, motors, batteries and industrial or commercial fixtures.
Subd.106) Junk Vehicles: Motor vehicles or trailers which are wrecked, abandoned, dismantled,
disabled, inoperative, or which do not have a valid license plate attached thereto, or parts of such
motor vehicles or trailers.
Subd.107) Junk Yard: A site where junk (as herein defined) is bought, sold, exchanged,
discarded, stored, kept or allowed to accumulate. (This definition does not include properly
licensed sanitary landfills or any location where the processing of used, discarded or salvaged
materials are part of a manufacturing operation located on the same property or contractors’
storage yards).
Subd.108) Jurisdictional Wetland: An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly known as hydrophytic
vegetation.
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Subd.109) Label and Labeling:
a)
b)
The term Label means the written, printed or graphic matter on or attached to the
pesticide or device or any of its containers.
The term Labeling means all labels and all other written material, printed or
graphic matter:
1)
Accompanying all the agricultural material/pesticides or device at any
time; or
2)
To which reference is made on the label or in literature accompanying the
pesticide or device, except to current official publications of the U.S. EPA,
the United States Department of Agricultural and Interior, the Department
of Health, Education and Welfare, State experiment stations, State
agricultural colleges and similar federal and state institutions or agencies
authorized by law to conduct research in the field of pesticide.
Subd.110) Land: Shall mean all land, water areas and permanent structures within the exterior
boundaries of the White Earth Reservation.
Subd.111) Land Alteration: Any change in the surface of the land.
Subd.112) Land Disturbance Activity: Any activity which changes the volume or peak flow
discharge rate of rainfall runoff from the land surface. This may include the grading, digging,
cutting, scraping, or excavating of soil, placement of fill materials, paving, construction,
substantial removal of vegetation,, or any activity which bares soil or rock or involves the
diversion or piping of any natural or man-made watercourse.
Subd.113) Land Office: Shall mean that person(s) who is appointed by the White Earth
Reservation Tribal Council to purchase and manage the Reservation land base.
Subd.114) Landowner: The legal or beneficial owner of land, including those holding the right
to purchase or lease the land, or any other person holding proprietary rights in the land.
Subd.115) Land Site: Shall mean any building that is used to store, mix, or prepare Agricultural
material.
Subd.116) Licensee: The person to whom a license under Minnesota Rules, part 7080.0705 is
issued, or any person receiving an applicable license by the Tribe. The designated registered
professional is subject to the same obligations as the licensee. The license must be applicable to
the work being performed.
Subd.117) Lien Holder: A person or entity that has legal right to keep or sell someone else’s
property as security for a debt.
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Subd.118) Lot: A lot in a plat recorded in the office of the county recorder or registrar of titles or
a parcel of land created and conveyed, using a specific legal description, for a building site.
Subd.119) Lot Area: The total horizontal area within the lot lines.
Subd.120) Lot Area per Dwelling Unit: The lot area required for each dwelling unit per
dwelling structure.
Subd.121) Lot, Corner: A lot having frontage on two of its sides or frontage on two intersecting
streets. The greater dimension of a corner lot is its depth, and its lesser dimension is its width.
Subd.122) Lot Depth: The measurement of a lot from the front lot line to the rear lot line.
Subd.123) Lot, Interior: A lot that is located between other lots or between corner lots separated
by a lot line.
Subd.124) Lot, Sewered: A lot that has access to publicly owned sewer service.
Subd.125) Lot, Unsewered: A lot that does not have access to publicly owned sewer service.
Subd.126) Lot Width: The measurement of a lot measured at either the side lot lines.
Maintenance Agreement: means a legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of storm water management practices.
Subd.127) Manufactured Home: A factory built home that is constructed under a federal
building code administered by the U.S. Department of Housing and Urban Development (HUD).
Manufactured homes may be single or multi-section and are transported to the site and installed.
Subd.128) Manufactured / Modular Home: A non-mobile housing unit that is fabricated at a
central factory and transported to a building site where it is permanently affixed. A structure, not
affixed to or part of real estate, transportable in one or more sections, and includes the plumbing,
heating, air conditioning, and electrical systems contained in it.
Subd.129) Methods of Application:
a)
b)
Ground Method - Shall mean application by use of a tractor, motorized
equipment, back pack or other method used to apply agricultural material from
the ground to the ground.
Air Method - Shall mean application by aircraft to the ground.
Subd.130) Mobile Home: A factory-built living unit more than eleven (11) feet in width,
equipped with the necessary service connections to be readily movable as a unit on its own
wheels and axles. Mobile homes are designed to be used as a dwelling unit with or without a
permanent foundation.
29
Subd.131) Mobile Home Park: A parcel of land under single ownership, or with individually
owned lots, designed, constructed, and administered for the placement of Mobile Homes.
Subd.132) Natural Environment Lakes: A small, often shallow lake with limited capacities for
assimilating the impacts of development and recreational use. They often have adjacent lands
with substantial constraints for planned development such as high water tables, exposed bedrock,
and unsuitable soils. These lakes, particularly in rural areas, usually do not have much existing
development or recreational use.
Subd.133) Natural Resources Program: Shall mean program mangers or coordinators working
within the wildlife, fisheries, zoning, forestry, land, pesticides, environmental or water quality
programs of the White Earth Reservation.
Subd.134) Non-Conforming Structure or Use: A structure or use lawfully in existence on the
effective date of this Code, but which does not conform to the regulations for the district in
which it is located or amendments thereto.
Subd.135) Nonpoint Source Pollution: Pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban
runoff sources.
Subd.136) Non-resident: Any person who does not have a permanent place of abode on the
Reservation, except as hereafter provided. Non-resident does not mean any temporal or seasonal
resident, and does not mean any place of business, for purposes of solid waste generated at the
business.
Subd.137) Non-target Organism: A plant or animal other then the one against which the
pesticide is applied.
Subd.138) Notice of Noncompliance: A document written and signed by a qualified employee
or licensee after a compliance inspection which gives notice that an individual sewage treatment
system is not in compliance.
Subd.139) Offset Fee: A monetary compensation paid to a local government for failure to meet
pollutant load reduction targets.
Subd.140) Off-Site Facility: A stormwater management measure located outside the subject
property boundary described in the permit application for land development activity.
Subd.141) Open Space: Land used for outdoor recreation, resource protection, amenities, safety
or buffer, including structures incidental to these open space uses, but excluding yards required
by this Code and land occupied by dwellings or impervious surfaces not related to the open
space. Space designated as reserved from development.
Subd.142) Order: An instruction issued by a judge or a court of law.
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Subd.143) Ordinary High Water Level: The boundary of water basins, watercourses, public
waters, and public waters wetlands, and: (1) the ordinary high water level is an elevation
delineating the highest water level that has been maintained for a sufficient period of time to
leave evidence upon the landscape, commonly the point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial; (2) for watercourses, the ordinary high
water level is the elevation of the top of the bank of the channel; and (3) for reservoirs and
flowages, the ordinary high water level is the operating elevation of the normal summer pool.
Subd.144) Patio: Uncovered, unscreened platform of wood or cement without railings. It may
adjoin a dwelling or be unattached and free standing.
Subd.145) Permit: A building, construction, sanitary, planning, zoning, or other such permit
issued for new construction, replacement, repair, alteration, or extension of an individual sewage
treatment system, including artificial drainage and collector systems. Permit also means a permit
issued for the addition of a bedroom or bathroom on property served by an individual sewage
treatment system.
Subd.146) Permitting Authority: Any unit of government, state agency, or any authorized
representative who administers or enforces Codes or laws or rules through permits.
Subd.147) Person: Shall mean any individual, partnership, association, corporation, or any
organized group of persons whether incorporated or not, including a person acting in fiduciary or
representative capacity, and further including any governmental agency.
Subd.148) Pesticide: (1) Any substance or mixture of substances intended to prevent, destroy,
repel or mitigate any pest, (2) Any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant, causing the leaves or foliage to drop from a plant, or artificially
accelerating the drying of plant tissue, or accelerating or retarding the rate of growth or
maturation or otherwise altering the behavior of plants or the product thereof.
Subd.149) Pesticide Coordinator: That person who is appointed by the White Earth Tribal
Council to enforce the Tribal Farm Chemical Code, and who shall be the inspector, certifier, and
enforcement officer of all pesticide use within the exterior boundaries of the White Earth Indian
Reservation.
Subd.150) Pests: Shall mean any insect, rodent, nematode, fungus, weed, or any other form of
terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, located in an
area when and where they are not wanted.
Subd.151) Planned Unit Development: A type of development characterized by a unified site
design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or
lease, and also usually involving clustering of these units or sites to provide areas of common
open space, and a mix of structure types and land uses.
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Subd.152) Planned Unit Developments, Commercial: Uses that provide transient, short-term
lodging spaces, rooms, or parcels and their operation are essentially service orientated. These
shall include but not be limited to hotel/motel accommodations, resorts, recreational vehicle and
camping parks and other primarily service oriented activities.
Subd.153) Plat: An illustration or map showing actual or planned features, such as lot
boundaries and streets.
Subd.154) Plot: A tract other than one unit of a recorded plat occupied and used or intended to
be improved by the erection of buildings.
Subd.155) Porch: Covered platform, enclosed or partially enclosed and attached to structure.
Subd.156) Portable Structure: Any structure including those mounted on wheels or portable
structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational,
and vacation uses. Not to include mobile homes.
Subd.157) Principle Use: Principle use of the building or land on which it sits.
Subd.158) Private Applicator: A certified applicator who uses or supervises the use of any
pesticide which is classified for restricted use for the purposes of producing any agriculture
commodity on property, owned or rented by him of his employer or (if applied without
compensation other than trading of personal services between producers of agricultural
commodities) on the property of another person.
Subd.159) Privy: An aboveground structure with an underground cavity, which is used for the
storage or treatment and disposal of toilet wastes, specifically excluding water for flushing and
greywater.
Subd.160) Putrescible Waste: Solid waste which contains material capable of being
decomposed by microorganisms.
Subd.161) Qualified employee: An employee of state or local government who conducts site
evaluations or designs; installs, maintains, pumps, or inspects individual sewage treatment
systems as part of employment duties and is registered on the ISTS professional register with
specialty area endorsements applicable to the work being conducted. A qualified employee may
be an apprentice if the individual has specialty area endorsements applicable to the work to be
completed, has fulfilled the contractual requirement under Minnesota Rules, part 7080.0815,
subpart 1, item B or C, and has been issued performance restrictions, or has been licensed by the
Tribe.
Subd.162) Recharge: The replenishment of underground water reserves.
Subd.163) Records: Shall mean written documentation of all uses of restricted use pesticides
(where applied, date applied, time applied, amount applied per acre, estimated wind speed and
direction of the wind).
32
Subd.164) Recreational Development Lakes: Medium-sized lakes of varying depths and
shapes with a variety of landform, soil, and groundwater situations on the lands around them.
They often are characterized by moderate levels of recreational use and existing development.
Development consists mainly of seasonal and year-round residences and recreationally-oriented
commercial uses. Many of these lakes have capacities for accommodating additional
development and use.
Subd.165) Recreational Vehicle Park: A parcel of land designated with individual lots,
designed, constructed, and administrated for the placement of Recreation Vehicles or Mobile
Homes.
Subd.166) Recreation Vehicle: A vehicle with or without motor power designed for travel under
its own power, or constructed and equipped as a temporary living quarters while traveling or
during hunting, fishing or vacation season. The term "Recreation Vehicle" shall include but not
limited to camp bus, motor homes, snowmobiles, boats, all-terrain vehicles and motorcycles.
Subd.167) Redevelopment: Any construction, alteration or improvement exceeding square feet
in areas where existing land use is high density commercial, industrial, institutional or multifamily residential.
Subd.168) Refuse: Items or materials discarded or rejected as useless or worthless; trash or
rubbish.
Subd.169) Restricted Areas: Shall mean any and all of the following locations within the
exterior boundaries of the White Earth Reservation but not limited to the following:
a)
b)
c)
d)
e)
f)
g)
h)
All schools
Tamarac National Wildlife Refuge
Little Elbow Lake Park
Lower Rice Lake Wildlife and Waterfowl Refuge
All State approved Wildlife Areas
All State approved Wetland Areas
Any area where endangered species are located
Federal Forested Areas
Subd.170) Restricted Use Pesticide: Shall mean any pesticide classified for restricted use by the
Minnesota Department of Agriculture, or the Administrator of the U.S. EPA, or the White Earth
Pesticide Coordinator.
Subd.171) Right-of-Way: A strip of land over which facilities such as utilities, highways or
railroads are built. Right-of-way transfers ownership of the strip of land from the grantor (land
owner) to the grantee (applicant for right-of-way).
Subd.172) Riparian: Bordering on a body of public water.
33
Subd.173) Road: A public right-of-way affording primary access by pedestrians and vehicles to
abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway
road, avenue, boulevard, lane, place, cart way or however otherwise designated.
Subd.174) Roads, Driveways, and Parking Areas: Shall mean a public right-a--way or an area
that is designated as a path or lot for primary access by pedestrians and vehicles to abutting
properties.
Subd.175) Salvage Yard: Land or buildings where products resulting from disassembling or
wrecking of automobiles or other vehicles are purchased, sold, exchanged, stored, cleaned,
packed or handled, except that the storage of three (3) or more inoperative motor vehicles for a
period in excess of three (3) months is a junk yard. Any collection of three or more junked
vehicles, or a combination of ferrous or nonferrous materials together with one or more junked
motor vehicles, or a collection of any salvage, shall be considered a salvage yard.
Subd.176) SDS and NPDES Permits: State Disposal System (SDS) and National Pollutant
Discharge Elimination System (NPDES) permits issued by the agency to regulate individual
sewage treatment systems.
Subd.177) Secondary Containment: A structure or structures used enclosed primary
containment to prevent leaks before entering into the environment.
Subd.178) Seepage pit, or leaching pit, or dry well: An underground pit into which a sewage
tank discharges effluent and from which the liquid seeps into the surrounding soil.
Subd.179) Semipublic Use: The use of land by a private, nonprofit organization, other than a
church, to provide a public service that is ordinarily open to persons other than the organization's
members.
Subd.180) Septic Tank: Any watertight, covered receptacle designed and constructed to receive
the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter,
and store liquids through a period of detention.
Subd.181) Setback: The minimum horizontal distance between a building, structure, sewage
treatment system, or other facility and an ordinary high water level, top of the bluff, road,
highway, property line, or other facility.
Subd.182) Sewage Treatment System: A septic tank and soil absorption system or other
individual or cluster type sewage treatment system as described and regulated in this Code or
within the Tribal Individual Septic System Code.
Subd.183) Shore Impact Zone: Area immediately adjacent to lake or river that is critical to
preserving water quality, wildlife habitat and visual screening of the developed area farther back
from shore. A line parallel to it at a setback of 50% of the normal structure setback.
34
Subd.184) Shore Land: Shall mean located within the following distance from bodies of water:
1,000 feet from the high water level of a lake, pond, or flowage; 300 feet from a river or stream,
or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is
greater. The limits of shore lands may be reduced whenever the waters involved are bound by
topographic divides which extent landward from the waters for lesser distance.
Subd.185) Shore Land Overlay District: For one tier development purposes, land located
within the following distances from a water source or body: 500 feet from the ordinary high
water mark of a lake, pond, wetland or flowage and, 300 feet from a river or stream, or the
landward extent of a flood plain.
Subd.186) Sign: A structure or graphics upon a structure for the display of advertising or
identifying the owner or occupant or use of the premises.
Subd.187) Solid Waste: All waste, garbage, rubbish, offal, trash and other discarded solid waste
material resulting from residential, commercial, agricultural, industrial, community, and other
human activities, including liquid waste contained within solid waste, including hazardous waste,
but does not include sewage and human wastes.
Subd.188) Solid Waste Operator: The Reservation Tribal Council or employee or appointee for
the operation and maintenance of solid waste collection and disposal sites on the Reservation.
Subd.189) Stairways, Lifts, and Landings: Shall mean a man-made alternative means or
structure for achieving access to lakeshore areas.
Subd.190) State: The State of Minnesota.
Subd.191) Steep Slopes: Land where agricultural, forestry, commercial, or urban activity or
development is either not recommended or described as poorly suited due to slope steepness and
the site soil characteristics, as mapped and described in available soil surveys or other technical
reports, unless appropriate design and construction techniques, farming and forestry practices are
used in accordance with the provisions of these regulations. Where specific information is not
available, steep slopes are land having average slopes over 12 percent, as measured over
horizontal distance of 50 feet or more, that are not bluffs.
Subd.192) Stop Work Order: An order issued which requires that all construction activity on a
site be stopped.
Subd.193) Storm Water Management: The use of structural or non-structural practices that are
designed to reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow
discharge rates.
Subd.194) Storm Water Retrofit: A stormwater management practice designed for an existing
development site that previously had either no stormwater management practice in place or a
practice inadequate to meet the stormwater management requirements of the site.
35
Subd.195) Storm Water Runoff: Flow on the surface of the ground, resulting from
precipitation.
Subd.196) Storm Water Treatment Practices (STPs): Measures, either structural or
nonstructural, that are determined to be the most effective, practical means of preventing or
reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
Subd.197) Story: The portion of a building included between the surface of a floor and the
surface of the next floor above it or, if there is no floor above, the space between the floor and
the ceiling next above it.
Subd.198) Structural Alterations: Any construction change in a building or structure.
Subd.199) Structure: Anything constructed or erected. Does not include utilities such as
propane tanks, TV antennas and satellite dishes.
Subd.200) Subdivision: Any tract of land that is to be or which has been divided into three or
more lots or parcels for the purpose of sale, lease, rent, or development including planned unit
development.
Subd.201) Surface Water Flooding: The 100-year flood plain along rivers and streams as
defined by the Tribal Department of Natural Resources, or in the absence of such data, as defined
by the largest flood of record; on lakes, high water levels as determined or recorded by the Tribal
Department of Natural Resources or, in the case of no Tribal Department of Natural Resources
record, by local records or experience. Other surface water flooding or high water areas should
be determined by local information.
Subd.202) Topographic Changes: Shall mean the alteration of the landscape by changing the
elevations, levels, and slope of an area.
Subd.203) Townhouse: One of a row of houses joined by common side walls.
Subd.204) Transfer Station: The existing solid waste collection site owned by the White Earth
Reservation for the purpose of collecting, transporting, and disposing of solid waste.
Subd.205) Tribal Land: All lands, fee or trust status, that is owned or managed by the White
Earth Tribal Council.
Subd.206) Tribe: Shall mean White Earth Reservation, Reservation, White Earth Band of
Chippewa Indians, White Earth Band of Ojibwe, Band, or White Earth Nation.
Subd.207) Twin Home: A duplex where each unit is on a separate lot with the lot line
constituting a common wall between units. Each unit of a twin home shall be considered a single
family dwelling for the purpose of computing the area and width requirements for a lot.
36
Subd.208) Uninhabitable: Dilapidated or in a state of disrepair. A structure deemed ‘not fit to
live in by White Earth Authorized Personnel.
Subd.209) Unreasonable Adverse Effect on the Environment: Any unreasonable risk to man
or the environment taking into account the economic, social, and environmental cost and
benefits.
Subd.210) Use: The purpose to which land, premises, or a structure thereon is designated,
arranged, intended, or for which it may be occupied or maintained
Subd.211) USEPA: The United States Environmental Protection Agency.
Subd.212) Variance: A modification or variation of the provisions of the Code, as applied to a
specific piece of property.
Subd.213) Vegetation Alterations: Shall mean changing the natural vegetation in an area by
clearing, cutting, chemical use or burning.
Subd.214) Waste Material: Material resulting from or used in demolition, industrial or
commercial manufacturing, fabrications, servicing, processing or trimming.
Subd.215) Watercourse: A permanent or intermittent stream or other body of water, either
natural or man-made, which gathers or carries surface water.
Subd.216) Water Quality Volume (WQv): The storage needed to capture and treat 90% of the
average annual stormwater runoff volume. Numerically (WQv) will vary as a function of long
term rainfall statistical data.
Subd.217) Weed: The term "weed" means any plant that grows where not wanted. A plant that is
not valued where it is growing and is usually of vigorous growth.
Subd.218) White Earth Housing Authority: The White Earth Housing Authority of the White
Earth Reservation.
Subd.219) White Earth Reservation: Also refer to “Reservation”, shall mean the White Earth
Reservation as established by an Act of March 19, 1867, 16 Stat. 719, is a government agency
incorporated into the Minnesota Chippewa Tribe through the revised constitution and bylaws
enacted pursuant to Section 16 of the Indian Reorganization Act of 1934.
Subd.220) White Earth Reservation Planning Commission: A Commission appointed by the
White Earth Reservation Tribal Council to promote the orderly development of the Reservation.
Subd.221) White Earth Reservation Tribal Council: The Duly elected Governing body of
White Earth Reservation, organized under Section 16 of the Act Of June 18, 1934 (48 Stat. 984)
as amended and pursuant to the revised Constitution and By-Laws of the MN Chippewa Tribe.
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Subd.222) White Earth Tribal Court: The Reservation Court established by the White Earth
Band of Ojibwa Judicial Code, Title I, Section 1, enacted November 3, 1997 and shall have the
authority and responsibility for adjucating violations of these regulations
Subd.223) Wild and scenic river land use district: Those lands designated by the White Earth
Reservation Tribal Council as the protected land corridor along those rivers or river segments
designated as wild, scenic, or recreational rivers.
Subd.224) Wilderness/Sensitive Lakes: Lakes with natural features in undisturbed areas having
non-motorized access. Examples of permitted use would be for hiking or canoeing. The setting
is primitive or pristine with an unmodified natural environment with no residential planned
development nor commercial land development.
Subd.225) Wildlife: All organisms that are neither human nor domesticated animals living
things and especially mammals, birds, and fishes that are neither human nor domesticated
Subd.226) Yard: The space between a lot line and a building. Restrictions stipulate the
minimum side or rear yard area, and the percentage of the area of the building lot that may be
occupied by the building.
Subd.227) Zero lot line: A development approach in which a building is sited on one or more lot
lines. Conceivably, three of the four sides of a building could be on the lot line. The intent is to
allow more flexibility in site design and to increase the amount of usable open space on the lot.
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W.E.E.C. 200.00 Wetlands Code
This section of the Environmental Code is known as the Wetlands Code.
W.E.E.C. 201.00 Wetland Water Quality Standards
Subd.1) The White Earth Reservation is considering the value of wetlands and subject to
protection under the water quality standards. This interpretation is supported by the 1986 Clean
Water Act, Section 401, Wetland and Certification, Section 404 Regulatory Authority, and
Section 518 (e) Tribes treatment as a state, and 1983 Minnesota Chippewa Tribe, Ordinance 8,
Natural Resource Protection.
Subd.2) The following characteristic uses of wetlands within variation of the affected wetlands,
shall be protected:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
Storm and flood water retention.
Hydrologic cycle maintenance.
Filtration of storage of sediments, nutrients or toxic substances.
Shoreline protection.
Habitat for aquatic organisms in the food web.
Habitat for resident and transient wildlife species.
Recreational, cultural, educational, scientific and natural aesthetic values and
uses.
Water supply.
Groundwater exchange.
Wildlife habitat.
Fish.
Habitat and harvesting.
Commerce and navigation.
W.E.E.C. 202.00 Water Quality Criteria
Subd.1) The following criteria shall be used to assure the maintenance or enhancement of the
functional values. Federal Guidelines will be referenced to set limits or other criteria:
a)
Liquids fill or other solids or gas may not be present in amounts which may cause
significant adverse impacts to wetlands.
b)
Floating or submerged debris, oil or other material may not be present in amounts
which may interfere with public rights or interest or which may cause significant
adverse impacts to wetlands.
c)
Materials producing color, odor, taste or unsightliness may not be present in
amounts, which may cause significant adverse impacts to wetlands.
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d)
Concentrations or combinations of substances which are toxic or harmful to
human, animal or plant life may not be present in amounts which individually or
cumulatively may cause significant adverse impacts to wetlands.
e)
Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent
significant adverse impacts.
f)
Existing habitats and the populations of wetland animals and vegetation shall be
maintained.
g)
Fecal organisms, no measurable change from natural conditions.
h)
Ph, no measurable change from natural conditions.
i)
Solid material that may settle shall not be introduced or allowed to accumulate in
a wetland such that they directly or indirectly degrade the wetland.
j)
Aesthetic values shall not be reduced by dissolved, suspended, floating or
submerged matter not attributed to natural causes.
k)
Toxic, radioactive, or deleterious material concentrations shall be below those,
which may adversely affect characteristic water uses.
l)
Natural physical and biological characteristics shall be maintained and protected
so that there is no significant degradation of characteristics uses.
m)
Nutrients shall not be introduced or allowed to accumulate in a wetland such that
they degrade the wetland.
Subd.2) Wetlands within or with direct hydrologic connection to areas of special natural resource
interest are reviewed more critically
W.E.E.C. 203.00 Wetlands in areas of special natural resource interest:
- Cold water communities.
- Tribal, state and federal designated wild and scenic rivers designated riverways and
designated scenic urban waterways.
- Environmentally sensitive areas and environmental corridors identified in area-wide
water quality management plans.
- Habitat used by federally designated threatened or endangered species.
- Park, forests, trails and recreation areas.
- Tribal, state and federal fish and wildlife management areas.
- Designated or dedicated natural areas.
- Wild Rice waters.
- Any other surface waters identified as outstanding or exceptional resource waters.
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W.E.E.C. 204.00 Implementation
Subd.1) Water Quality Standards for wetlands will be implemented upon completion of baseline
data collection from the White Earth Natural Resources Department and subsequently on the
date passed by the resolution from the White Earth Reservation Tribal Council.
Subd.2) Based on a series of narrative criteria intended to protect the functional values and uses
of wetlands. The narrative criteria allow the Reservation to make an assessment of the nature of a
proposed project and its potential impacts on wetlands.
W.E.E.C. 205.00 Applicability
Activities subject to the requirements include:
a)
b)
c)
d)
e)
f)
g)
h)
Tribal permits, as specified.
Water quality certification.
Development and management projects.
New or increased point source discharges to wetlands.
Mining is considered under separate requirements.
Does not apply to activities exempted from tribal, state and Federal regulation, for
example, certain agricultural and silvicultural activities under 404(g) Clean Water
Act, Permit for Dredged or Fill Material.
Not applicable to local wetland zoning decisions.
W.E.E.C. 206.00 Department Determinations
Determination of compliance with the standards is based on:
a)
b)
c)
d)
e)
f)
The water dependency of the proposal.
Practicable alternatives.
Maintenance, protection, restoration, or enhancement of the wetlands functional
values by the proposed activity.
Cumulative effects.
Secondary impacts.
Any potential adverse impacts to wetlands in areas of special natural resource
interest.
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W.E.E.C. 300.00 PESTICIDE AND CHEMICAL CODE
W.E.E.C. 300.01 Title
This section of the White Earth Environmental Code is known as the Pesticide and Chemical
Code. References herein to the “Code” refer to the Pesticide and Chemical Code.
W.E.E.C. 300.02 Scope
The Pesticide and Chemical Code applies to all Producers, Distributors, Sellers, Purchasers,
Transporters, Handlers, Storers, Applicators, Dealers or Disposers of Pesticides on land within
the exterior boundaries of the White Earth Reservation. This Code also applies to applications of
Fertilizer using Chemigation.
W.E.E.C. 300.03 Definitions
Subd. 1) Antisiphon Device has the meaning provided in W.E.E.C. § 102.00, Subd. 13.
Subd. 2) Applicator means a Person who is required to have a private or commercial applicator
certification or license under Minnesota Statute 18B et seq.
Subd. 3) Band has the meaning provided in W.E.E.C. § 102.00, Subd. 19.
Subd. 4) Body of Water has the meaning provided in W.E.E.C. § 102.00, Subd. 24.
Subd. 5) Certification means a certification required under Minnesota Statute § 18.36.
Subd. 6) Check Valve Device has the meaning provided in W.E.E.C. § 102.00, Subd. 36.
Subd. 7) Chemigation has the meaning provided in W.E.E.C. § 102.00, Subd. 37.
Subd. 8) Dealer means a Person who distributes a Pesticide within the exterior boundaries of the
White Earth Reservation to an end user. This action would commonly be called a retail sale.
Subd. 9) Defoliant means any substance or mixture of substances intended for causing the leaves
or foliage to drop from a plant, with or without causing abscission.
Subd. 10) Desiccant means any substance or mixture of substances intended for artificially
accelerating the drying of plant tissue.
Subd. 11) Distributor means a Person selling, bartering, shipping, delivering for shipment,
receiving, delivering for use, or offering to deliver Pesticides within the exterior boundaries of
the White Earth Reservation.
Subd. 12) Endangered Species has the meaning provided in W.E.E.C. § 102.00, Subd. 64.
Subd. 13) Fertilizer means a substance containing one or more recognized plant nutrients that is
used for its plant nutrient content and designed for use in promoting plant growth.
Subd. 14) License means a license required under Minnesota Statutes § 18.29-18.35.
Sub. 15) Non-Target Organisms has the meaning provided in W.E.E.C. § 102.00, Subd. 137.
Subd. 16) Person has the meaning provided in W.E.E.C. § 102.00, Subd. 147.
Subd. 17) Pesticide Coordinator has the meaning provided in W.E.E.C. § 102.00, Subd. 149.
Subd. 18) Pesticide has the meaning provided in W.E.E.C. § 102.00, Subd. 148.
Subd. 19) Pesticide Labeling means labeling meeting the requirements of 40 C.F.R. § 156.10.
Subd. 20) Plant regulator means any substance or mixture of substances intended, through
physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of plants or the produce thereof but shall not include substances
to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant
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inoculants, and soil amendments. Also, the term “plant regulator” shall not be required to include
any of such of those nutrient mixtures or soil amendments as are commonly known as vitaminhormone horticultural products, intended for improvement, maintenance, survival, health, and
propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the
undiluted packaged concentration.
Subd. 21) Registration means registered with the Environmental Protection Agency in
accordance with the requirements of 40 C.F.R. § 152 et seq.
Subd. 22) Reservation Business Committee means the duly elected governing body of the White
Earth Reservation pursuant to Article VI, Section 1, of the revised constitution of the Minnesota
Chippewa Tribe, as amended and organized under Section 16 of the Act of June 18, 1934 (48
Stat. 984).
Subd. 23) Restricted Area means Band forests, Minnesota state forests, Tamarac National
Wildlife Refuge, Hamden Slough National Wildlife Refuge, Wildlife Management Areas,
Waterfowl Production Areas, Aquatic Management Areas and Scientific and Natural Areas.
Subd. 24) Restricted-entry Interval (“REI”) means the time after the end of a Pesticide
application during which entry to a treated area is restricted.
Subd. 25) Restricted Use Pesticide (“RUP”) has the meaning provided in W.E.E.C. § 102.00,
Subd. 170.
Subd. 26) Right-Of-Way has the meaning provided in W.E.E.C. § 102.00, Subd. 171.
Subd. 27) Spray Drift means the movement of pesticide dust or droplets through the air at the
time of application or soon after, to any site other than the area intended.
Subd. 28) Volatilization means the movement of pesticide vapors through the air. Volatilization
is different than pesticide movement by Spray Drift.
Subd. 29) Wetland means an area that is inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions.
Subd. 30) White Earth Department of Natural Resources or Department means the agency with
delegated authority from the White Earth Reservation Business Committee to protect, restore and
regulate the natural resources of the Band and Band members in order to ensure environmental
and human health and spiritual, cultural and economic sustainability of the Band.
Subd. 31) White Earth Reservation has the meaning provided in W.E.E.C. § 102.00, Subd. 219.
W.E.E.C. 300.04 Authority of the White Earth Department of Natural Resources and the
Pesticide Coordinator
The White Earth Department of Natural Resources and Pesticide Coordinator, pursuant to the
Department’s delegated authority to protect, restore and regulate the natural resources of the
Band in order to ensure environmental and human health and spiritual, cultural and economic
sustainability of the Band are authorized to implement and enforce the provisions of this Code.
W.E.E.C. 300.05 Unlawful Acts It shall be unlawful under this Code for any Person to:
Subd.1) Interfere with the lawful enforcement of this Code.
Subd.2) Disturb, move, damage, obstruct or interfere with any equipment or activities of the
Pesticide Coordinator.
43
Subd.3) Sell, purchase, process, transport, handle, store, apply, dispose of or otherwise use a
Pesticide within the White Earth Reservation without a duly authorized License or Certification
from a jurisdiction as recognized and approved by White Earth Nation.
Subd.4) Make misrepresentations in applying for or renewing a License or Certification.
Subd.5) Fail to keep and submit records as follows:
a. Restricted Use Pesticide Application Records. In a reasonably accessible format, keep
a record of Restricted Use Pesticide applications including the name and address of
the person for whom the Restricted use Pesticide was applied; the name and
certification number of the applicator that made the Restricted Use Pesticide
application; the date and time of Restricted Use Pesticide application; amount of
Restricted Use Pesticide applied (total and per acre); Restricted Use Pesticide dilution
rate; total acreage of Restricted Use Pesticide application; specific type of Restricted
Use Pesticide applied, including the brand or product name and Environmental
Protection Agency registration number of the applied Restricted Use Pesticide;
method of Restricted Use Pesticide application; location of Restricted Use Pesticide
application; crop, commodity, stored product, or site to which the Restricted Use
Pesticide was applied; and weather conditions, including wind speed. Application
records must include a legible map identifying Bodies of Water and Rights-of-Way
within one-quarter mile of Restricted Use Pesticide application site.
b. Restricted Use Pesticide Dealer records. In a reasonably accessible format, record
and maintain at each individual dealership, records of each transaction where a
Restricted Use Pesticide is distributed or sold to any person. Records of each such
transaction must include all of the following information: name and address or
principal place of business of each certified applicator to whom the Restricted Use
Pesticide was distributed or sold; the certification number on certification document
presented to the seller evidencing the valid certification of the certified applicator
authorized to purchase a Restricted Use Pesticide; the expiration date of the
applicator’s certification; the category(ies) in which the applicator is certified relevant
to the pesticide(s) sold; the product name and Environmental Protection Agency
registration number of the Restricted Use Pesticide(s) distributed or sold in the
transaction, including the applicable emergency or State special local need
registration number; the quantity of the Restricted Use Pesticide(s) distributed or sold
in the transaction; and the date of the transaction.
c. Record Retention and Requests for Record Production. Keep all records listed in
Section 300.05 Subd.5 (a) and (b) in a reasonably accessible format and available
for inspection by the Pesticide Coordinator upon request for a period of at least five
years.
Subd.6) Make or maintain false or fraudulent records, invoices, or reports.
Subd.7) Apply or dispense any Pesticide on any Right-Of-Way without prior approval from the
Pesticide Coordinator.
44
Subd. 8) Apply Pesticides where Endangered Species are located.
Subd. 9) Apply a Pesticide in a manner inconsistent with Pesticide Labeling.
Subd.10) Make false or misleading statements during any inspection carried out under this Code.
Subd.11) Sell or apply any Pesticide or mixture of Pesticides that do not have accurate and
affixed branding or labeling.
Subd.12) Apply Pesticides in a manner that poses unreasonable negative impacts or health risks,
including through exposure from Spray Drift or Volatilization, for Non-Target Organisms,
including humans.
Subd.13) Sell or apply any Pesticide that is not Registered with the United States Environmental
Protection Agency or whose Registration has been canceled or suspended.
Subd.14) Fail to report, by telephone and email, spills of Pesticides, measuring five or more
gallons, to the Pesticide Coordinator within six hours. Email and telephone contact information
for the Pesticide Coordinator are available here:
https://whiteearth.com/divisions/natural_resources/contact.
Subd.15) Apply or dispense any Pesticide by aircraft or ground method within one-quarter mile
of a School Area unless the following conditions are met:
a) No school activities are being conducted/ no children or staff are present.
b) Pesticide Coordinator has been notified and approved the Pesticide application at least
forty-eight hours in advance. Notification to Pesticide Coordinator must include a
provision for an emergency landing and emergency dispensing of Pesticides or RUPs in a
manner which will not endanger persons or property.
Subd. 16) Apply or dispense any Pesticide by aircraft or ground method within one-quarter mile
of a Restricted Area without prior approval, at least 48 hours in advance, from the Pesticide
Coordinator.
Subd.17) Apply or dispense any Pesticide by aircraft or ground method within one-quarter mile
of an operating school bus.
Subd.18) Apply or dispense any Pesticide by aircraft within one-quarter mile or by ground
method within three hundred feet of a Body Of Water or Wetland without prior approval, at least
48 hours in advance, from the Pesticide Coordinator. Applications of Pesticides directly to
Bodies of Water or Wetlands are prohibited without an approved plan from the Pesticide
Coordinator.
Subd. 19) Use water directly from a Body of Water for mixing/loading Pesticides.
45
Subd. 20) Store empty Pesticide containers at a site within the exterior boundaries of the White
Earth Reservation for more than one year unless prior authorization is obtained from the
Pesticide Coordinator.
Subd. 21) Fail to notify persons or properly restrict entry of people and livestock into Pesticidetreated areas until the Restricted-entry Interval period associated with the Pesticide has lapsed.
Subd. 22) Apply Pesticides using Chemigation.
Subd. 23) Apply Fertilizer through Chemigation without a permit from the Minnesota
Department of Agriculture and an effective Antisiphon Device or Check Valve that prevents
backflow of fertilizer into water supplies during irrigation system failure or shut down. Before
operation, Antisiphon Devices or Check Valve Devices must be approved by the Pesticide
Coordinator.
W.E.E.C. 300.06 Civil Proceedings
In the event of a violation of this Code, the Pesticide Coordinator may institute civil proceedings
in the White Earth Tribal Court against any Person committing violations of the Code for any
appropriate remedies, including but not limited to, monetary relief, injunctive relief, seizure and
forfeiture, and the posting of bonds or sureties to ensure compliance.
W.E.E.C. 300.07 Civil Administrative Penalties
Any Person who violates any provision of this Code may be assessed a civil administrative
penalty of not more than $5,000 for each violation. Each day a violation exists constitutes a
separate violation.
W.E.E.C. 300.08 Criminal Penalties
Any enrolled White Earth Band Member who knowingly violates any provision of this Code
may be subject to a criminal penalty of not more than $10,000 per violation. Each day a violation
exists constitutes a separate violation.
W.E.E.C. 300.09 Enforcement Actions by the Pesticide Coordinator
The foregoing shall not be deemed to limit or restrict the Pesticide Coordinator from taking any
appropriate administrative or emergency action necessary to protect public health and safety and
natural resources including but not limited to issuance of warning notices, corrective action
orders, and stop-sale, use or removal orders.
W.E.E.C. 300.10 Right of Entry
For the purposes of carrying out this Code, the Pesticide Coordinator may enter premises at
reasonable times. Advance notice is not required in cases in which there is a significant threat to
human health or natural resources.
46
W.E.E.C. 300.11 Judicial Review
Subd. 1) Any Person affected by a notice, order or other final action taken or issued by the
Pesticide Coordinator pursuant to this Code may request and shall be granted an evidentiary
hearing on the matter before the White Earth Tribal Court. Such person shall file with the Court,
a written petition requesting the hearing including name, address, telephone number and a brief
statement of the grounds for the hearing. Such petition shall be filed within thirty days of the date
a notice, order or other final action is taken or served. Parties to the hearing include the petitioner
and the White Earth Department of Natural Resources. Parties may present evidence, cross
examine witnesses, and submit post-hearing briefs. A record of oral proceedings shall be made.
Subd. 2) After the hearing, the White Earth Tribal Court shall sustain, modify, or reverse a notice,
order or other final action taken by the Pesticide Coordinator based on the evidence provided at
the hearing. The decision shall include findings of fact and conclusions of law and shall be issued
in writing.
W.E.E.C. 300.12 Effective Date
This Ordinance shall take effect on the date of passage by the White Earth Reservation Business
Committee.
W.E.E.C. 300.13 Severability
If any provision of this Code is held invalid, the remainder of this Code shall remain in effect.
W.E.E.C. 300.14 Amendments
This Code may be amended by the White Earth Reservation Business Committee through a duly
adopted resolution. Additions to this Code shall become part of the Code thereafter for all
purposes and shall be codified and incorporated herein in a manner consistent with the
numbering and organization hereof.
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W.E.E.C. 400.00 Solid Waste Disposal and Recycling Code
This section of the Environmental Code is known as the Solid Waste Disposal and
Recycling Code.
W.E.E.C. 401.00 Findings
The White Earth Reservation Tribal Council recognizes that the sanitary and environmentally
sound disposal of solid waste is important to the health, welfare and safety of the public and
residents of the Reservation. The Tribal Council also recognizes that proper waste disposal is
important to the protection of the Reservation environmental and natural resources. Inefficient,
inappropriate, and unsanitary disposal of solid waste can have adverse impacts on the land and
water of the White Earth Reservation. Waste items that can be recycled to reduce the amount of
waste requiring final disposal should be recycled.
W.E.E.C. 402.00 Solid Waste Storage
Subd.1) Solid waste within the Reservation boundaries shall be handled, stored, collected,
transported, transferred, processed and disposed of in accordance with the provisions of this
Code.
Subd.2) All persons shall be responsible for the sanitary storage of all solid waste accumulated at
the premises, business establishment or industry.
Subd.3) Solid waste shall be stored in durable, rust resistant, non-absorbent, water tight, rodent
proof, and easily cleanable containers with a close fitting, insect-tight cover.
Subd.4) Unless otherwise provided for in a written rental agreement or lease, the tenant of any
single unit detached residence and the landlord of any multi-unit residence shall be responsible
for the provisions and maintenance of containers as specified in Subd.3) above.
Subd.5) Solid waste shall be transferred to the proper disposal site by the responsible party in a
timely manner, to prevent noxious odors and other public nuisance conditions.
W.E.E.C. 403.00 Solid Waste Disposal
Subd.1) Prohibited wastes. The following materials will not be collected:
b)
c)
d)
e)
f)
g)
a)
Hazardous Wastes as previously defined.
Hospital or Medical Wastes as previously defined.
Animals, animal excrements or animal bedding exposed to infective agents.
Containers previously containing pesticides or herbicides.
Sewage or sewage sludge wastes.
Unregulated small quantity generator hazardous wastes.
Hot ashes.
48
h)
i)
j)
Tires.
Demolition Wastes.
Industrial Solid Wastes.
k)
No person shall leave, deposit, or dump solid waste anywhere within the
l)
Reservation except at designated disposal or collection sites approved by the
Reservation Tribal Council.
m)
No person shall dispose of any solid waste generated outside the boundaries of the
Reservation on any lands, dumping sites, within the boundaries of the
Reservation.
n)
No person shall dispose of solid waste on any private or public residential
property.
o)
No person shall deposit solid waste from any vehicle onto state, county, or Tribal
highways, roads, or right-of-ways, within the Reservation boundaries.
p)
No person shall dispose of solid waste at a collection disposal site on the
Reservation except in a manner approved by the Solid Waste Operator or
appointee and only during posted days and hours of operation, as established by
the Reservation Tribal Council.
q)
No person shall destroy, deface, or otherwise damage any collection/disposal or
recycling site.
r)
Accumulation. No person shall accumulate solid waste of any type on any
premises or lands, occupied or unoccupied, within the boundaries of the
Reservation.
s)
Dumping. No solid waste shall be stored or accumulated anywhere within the
limits of the Reservation in a manner other than is authorized by this Code
or thrown or swept into any street, gutter, sewer, intake, alley, vacant lot, pond,
stream, wetland, lake, or other private or public property.
t)
Every occupied premises within the Reservation shall be responsible for the
keeping of the sidewalks in front of any buildings or improvements located
thereon, if any, free from any accumulation of all solid waste. Every property
owner and/or occupant of a Domestic Unit or Commercial Unit shall keep solid
waste in a manner defined by this Code.
W.E.E.C. 404.00 Open Burning Prohibitions
Subd.1) Burning regulations have been established by the White Earth Reservation Fire and
Burning Provisions set forth and approved by Tribal Council Resolution April 7, 1999. Per
Section 3 of these regulations, open burning prohibitions are as follows:
a)
Prohibited Materials. No person shall conduct, cause, or permit open burning of
oils, rubber products, plastics, chemically treated materials or other materials
which produce excessive or noxious smoke such as tires, railroad ties, chemically
treated lumber, composite shingles, tar paper, insulation, composition board,
sheetrock, wiring, paint, or paint filters.
b)
Hazardous Waste. No person shall conduct, cause, or permit open burning of
hazardous waste.
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c)
Industrial Solid Waste. No person shall conduct, cause or permit open burning of
solid waste generated from an industrial or manufacturing process or from a
service or commercial establishment.
d)
Demolition Debris. No person shall conduct, cause or permit open burning of
burnable building material generated from demolition of commercial or
institutional structures. A farm building is not a commercial structure.
e)
Salvage Operations. No person shall conduct, cause or permit salvage operations
by open burning.
f)
Motor Vehicles. No person shall conduct, cause, or permit the processing of
motor vehicles by open burning.
g)
Solid Waste. No person shall conduct, cause, or permit open burning of
discarded material resulting from the handling, processing, storage, preparation,
serving, or consumption of food.
h)
Burning Ban. No person shall conduct, cause or permit open burning during a
burning ban put into effect by a local authority, the White Earth Tribal Forestry
Program, or the Minnesota Department of Natural Resources.
W.E.E.C. 405.00 Solid Waste Collection
Subd.1) All solid waste transported on the Reservation shall be collected and transported in
manner that prevents the waste from leaking, blowing off, or falling from the transport vehicle.
Subd.2) Commercial vehicles or containers used for collection and transportation of garbage and
other putrescible wastes, or solid waste containing such materials, shall be covered, leak-proof,
durable, and of easily cleanable construction. These shall be cleaned to prevent nuisances,
pollution, or insect breeding and shall be maintained in good repair.
W.E.E.C. 406.00 Solid Waste Disposal Fee
Annually, the Reservation Tribal Council will establish the fee rates to be charged to individuals
for the disposal of solid waste at the designated waste collection and disposal sites on the
Reservation.
W.E.E.C. 407.00 Enforcement
Subd.1) All Reservation Conservation and Law Enforcement personnel shall be empowered to
enforce this Code.
Subd.2) Actions for violation of this Code may be commenced in the White Earth Tribal Court
by the conservation/law enforcement citation or by summons and complaint.
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Subd.3) Violation of any provision of this Code may be punished or remedied by a civil penalty.
Each day of any continuing violation may be charged as separate violation, and a separate
forfeiture may be imposed.
Subd.4) In addition to a civil penalty, any personal property, including vehicles and other
equipment, which has been used in connection with the violation of this Code may be seized and
forfeited pursuant to the appropriate section of the White Earth Conservation Code.
Subd.5) Nothing herein shall prevent the White Earth Reservation from bringing suit against any
violator of the Code for money damages for harm to any Band resource or the environment
caused by the violation of this Code.
Subd.6) Any person may bring suit in Tribal Court to enjoin a violation of this Code.
Subd.7) The White Earth Tribal Court has jurisdiction pursuant to White Earth Tribal Code,
Chapter II, Section I.
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W.E.E.C. 500.00 Shoreland Management Code
This section of the Environmental Code is known as the Shoreland Management Code.
W.E.E.C. 501.00 Unlawful Acts
Subd.1) It shall be unlawful for: Any person or persons whose propose is to construct or alter
any shore land within and or outside a water body without completing an application for a permit
from the White Earth Reservation Water Quality Program. Any person or persons not following
this code shall be in violation and subject to the authority of the tribal court system.
These items include:
a)
Clear cutting on leased lots within the shore and bluff impact area and on steep
slopes is not allowed.
b)
Placing stumpage, branches or trees in a body of water.
c)
Placing any other foreign material fill in or near a body of water.
d)
Placing a permanent structure inside of the set-backs from a body of water at a
distance of 100 feet from the ordinary high water level or highest known water
level, whichever is greater on a recreational lake, 200 feet from a natural
environmental lake, 300 feet from a conservation habitat lake and 500 feet from a
wilderness/sensitive lake.
W.E.E.C. 502.00 High Water Levels
Subd.1) Structures must be placed in accordance with any floodplain regulations applicable to
the site. Where these controls do not exist, the elevation to which the lowest floor, including
basement, is placed or flood proofed must be determined as follows:
Subd.2) For lakes, by placing the lowest floor at a level at least 3 feet above the highest known
water level, or 3 feet above the ordinary high water level, whichever is higher;
Subd.3) For rivers and streams, by placing the lowest floor at least 3 feet above the flood of
record, if data are available. If data are not available, by placing the lowest floor at least 3 feet
above the ordinary high water level, or conducting a technical evaluation to determine effects of
proposed construction upon flood stages and flood flows and to establish a flood protection
elevation. If more than one approach is used, the highest flood protection elevation determined
must be used for placing structures and other facilities.
Subd.4) Structure must be set-back from a body of water at a distance of 100 feet from the
ordinary high water level or highest known water level, whichever is greater. Structure must be
set-back from a body of water at a distance of 100 feet from the ordinary high water level or
highest known water level, whichever is greater on a recreational lake, 200 feet from a natural
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environmental lake, 300 feet from a conservation habitat lake and 500 feet from a wilderness
sensitive lake.
W.E.E.C. 503.00 Boat Lifts, Docks, Gazebo’s, Landings, Rafts, Stairways
and Storage Compartments
Subd.1) The construction of boat lifts, docks, gazebo’s, landings, rafts and stairways is the
preferred method of access compared to major changes in the topographic bluffs and steep slopes
for achieving access to lakeshore areas.
Subd.2) Boat lifts, docks, gazebos, landings, rafts and stairways and storage compartments must
meet the following design requirements:
a) Boat Lifts will not have width limit and are not subject to dock width limits.
b) Docks shall not exceed eight feet in width.
c) Docks may have L or T shapes extension located on the end. These extensions may
not exceed twenty-five feet and may not impair or encroach on the neighboring docking
areas. This extension does not apply to fishing piers placed for public recreation.
d) Docks will have no set limit on length. However, if a dock is extended into the water
body at an exaggerated length from the surrounding docks than they shall be deemed a
navigational hazard and are subject to enforcement and removal from the tribal
conservation officers and tribal court.
e) Docks extending into the water over 150 feet shall require a minimum of a two by two
inch reflective material placed on the corners of the docks to provide safety. If they do
not, they will be deemed a navigational hazard.
f) Docks must be monitored by the owner on a reasonable basis to ensure they are not
submerged by high water levels. If a dock is submerged and is not marked with a visible
reflective material or raised above water they shall be deemed a navigational hazard and
subject to the tribal conservation department and or tribal courts.
g) Gazebos or other structures supported by walls along with a roof/canopy are not
allowed to be placed on docks. This does not include canopies used for protecting boats
or other watercraft when used over a boat lift. Canopies without walls may be used on
docks as long as they are not enclosed on any side(s) by a wall and do not exceed eight
feet in height from the dock platform to the apex of the canopy.
h) Rafts, permanent, semi-permanent or temporary shall have a minimum of a two by two
inch reflective material placed on the corners to ensure safety. If they do not they will be
deemed navigational hazard.
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i) Stairways must not exceed eight feet in width on residential lots. Wider stairways may
be used for commercial properties, public open-space recreational properties, and planned
unit development.
j) Stairways, boat lifts, and landings may be either constructed above the ground on
posts or pilings, or placed into the ground, provided they are designed and built in a
manner that ensures control of soil erosion.
k) Storage compartments may be used on a dock as long as they do not exceed thirty-six
inches in height and do not overhang from dock.
l) Stairways, lifts, and landings must be located, whenever practical, in the most visually
inconspicuous portions of lots, as viewed from the surface of the body of water assuming
summer, leaf-on conditions, whenever practical; and
m) Facilities such as ramps, lifts, or mobility paths for physically handicapped persons
are allowed for access to shore land areas.
W.E.E.C. 504.00 Steep Slopes
The White Earth Natural Resources Department must evaluate possible soil erosion impacts and
development visibility from bodies of waters before issuing a permit for construction of sewage
treatment systems, roads, driveways, structures, or other improvements on steep slopes. When
determined necessary, conditions must be attached to issue permits to prevent erosion and to
preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from
the surface of bodies of waters, assuming summer, leaf-on vegetation.
W.E.E.C. 505.00 Vegetation Alterations
Subd.1) The removal of natural vegetation or topographic alterations shall be restricted to prevent
erosion into public waters, to consume nutrients in the soil, and to provide adequate screening and
to preserve shoreland aesthetics. Removal shall be restricted within a strip paralleling the
lakeshore and extending inland a specified distance from the ordinary high water mark. The
specified distance will depend upon lake classification.
a) Natural Environment Lakes: 100 feet from the ordinary high watermark.
b) Recreational Development Lakes: Fifty (50) feet from the ordinary high watermark.
c) Conservation Habitat Lakes: 200 feet from the ordinary high water mark.
d) Wilderness Sensitive Lakes: 500 feet from the ordinary high watermark.
e) Streams and rivers: 100 feet from ordinary high water mark.
f) Wetlands: Fifty (50) feet from the ordinary high water mark.
Subd.2) Removal or alteration of vegetation is allowed subject to the following standards:
a)
Clear cutting on leased lots within the shore and bluff impact zones and on steep
slopes is not allowed.
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b)
In shore and bluff impact zones and on steep slopes, limited clearing of trees and
shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to
the water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, access paths, and beach and watercraft
access areas, provided that:
1) The screening of structures, vehicles, or other facilities as viewed from the
water, assuming summer, leaf-on conditions, is not substantially reduced;
2) Along rivers, existing shading of water surfaces is preserved;
3) The above provisions are not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
Subd.3) Use of fertilizers and pesticides must be minimized in order to reduce runoff into shore
impact zones and bodies of waters by use of earth, vegetation, or both. Please reference the
Tribal Farm Chemical Code for further information.
W.E.E.C. 506.00 Topographic Changes
Subd.1) Except for public roads or public parking areas, no topographical changes shall be made
in a shore land area unless a permit has been obtained from the White Earth Natural Resources
Department.
Subd.2) A separate permit is not required if a permit has been granted for construction of a
structure or sewer system, unless the information required for the topographical change permit
was not included in the original application for the permit.
Subd.3) If an intended purpose of a project is to connect to public water, such as boat slips,
canals, lagoons, and harbors, a permit shall not be issued until approved by the White Earth
Natural Resources Department. Please reference the Stormwater code for further information.
Subd.4) An application for a permit for a project shall include any topographical changes in a
statement on the required permits for review or approval by White Earth Natural Resources
Department.
Subd.5) An application for a permit for a project shall include any grading or filling in any type
of wetland. It shall contain a description of the extent the proposed activity would affect the
following functional qualities of the wetland:
a)
b)
c)
d)
e)
sediment and pollutant trapping and retention;
storage of surface runoff to prevent or reduce flood damage;
fish and wildlife habitat;
recreational use;
shoreline or bank stabilization; and
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f)
special qualities such as historic significance, critical habitat for endangered
plants and animals, or others.
Subd.6) If a project requires fill or excavated material to be placed on steep slopes, the plans
accompanying the application for a permit shall demonstrate that the slope will have continued
slope stability.
Subd.7) Topography changes shall not be allowed unless the use is incidental to a permitted or
conditional use and does adversely affect adjacent or nearby properties.
Subd.8) Any topographical change shall be accomplished in a manner that which ensures that the
least possible amount of bare ground is exposed for the shortest time possible.
Subd.9) Bare ground shall be covered temporarily with mulches or similar materials. A
permanent vegetation cover must be established as soon as possible after any excavation.
Subd.10) Soil erosion shall be minimized and efforts shall be taken to trap sediments before they
reach any surface water feature.
Subd.11) Altered areas shall be stabilized to acceptable erosion control standards consistent with
the White Earth Natural Resources Department.
Subd.12) Fill or excavated material shall not be placed in a manner that creates an unstable slope
and shall not be placed in a bluff impact zone.
Subd.13) Natural rock riprap, including associated grading of the shoreline and placement of a
filter blanket, may be placed in shore impact zone if the finished slope does not exceed 3 feet
horizontal to one foot vertical, the landward extent of the riprap shall not exceed over 10 feet
from the ordinary high water level, and the height of the riprap above the ordinary high water
level does not exceed 3 feet.
Subd.14) Any topographical change below the ordinary high water level of public waters must
first be authorized by the White Earth Natural Resources Department.
W.E.E.C. 507.00 Placement and Design of Roads, Driveways
and Parking Areas
Subd.1) Roads, driveways and parking areas shall be designed to take advantage of natural
vegetation and topography to achieve maximum screening from view from public waters.
Subd.2) Roads, driveways and parking areas shall be designed and constructed to minimize and
control soil erosion.
Subd.3) Roads, driveways, and parking areas shall meet structural setbacks and shall not be
placed within bluff and shore impact areas when other reasonable and feasible placement, if any
56
alternatives exist, they may be placed within these areas, but they shall be designed to minimize
adverse impacts on the environment.
Subd.4) No public and commercial watercraft access ramps, approach roads, and access-related
parking areas may be placed within shore land impact area.
W.E.E.C. 508.00 Storm Water Management
Please refer to the requirements established in the W.E.E.C. 900.00 Storm Water Code.
W.E.E.C. 509.00 Standards for Commercial, Industrial, Public and
Semipublic Uses
Subd.1) Surface water oriented commercial uses and industrial, public or semipublic uses with
similar needs to have access to and use of public waters may be located in parcels or lots with
frontage on public waters. Those uses with water oriented needs meet the following standards:
a) In addition to meeting impervious coverage limits, setbacks, and other standards in
this Code, the users must be designed to incorporate topographic and vegetative
screening of parking areas and structures.
b) Uses that require short-term watercraft motoring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum size
necessary to meet the need. Uses that depend on patrons arriving by watercraft may use
signs and lighting to convey needed information to the public subject to the following
general standards.
1) No advertising signs or supporting facilities for signs may be placed in or upon
public waters. Signs conveying information or safety messages may be placed in
or on public waters by the White Earth Natural Resources Department.
2) Signs may be placed, when necessary, within the shore impact zone if they are
designed and sized to be the minimum necessary to convey needed information.
They must only convey the location and name of the establishment and the
general types of goods or services available. The signs must not contain other
detailed information such as product brands and prices, must not be located higher
than 10 feet above the ground, and must not exceed 32 square feet in size. If
illuminated by artificial lights, the lights must be shielded or directed to prevent
illumination out across public waters; and
3) Other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards and is
shielded or otherwise directed to prevent direct illumination out across public
waters. Spotlights or other artificial lights are not allowed to be projected in to
the water body for any other purpose than mentioned above. This does not prelude
use of navigational lights.
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W.E.E.C. 510.00 Agricultural Use Standards
Subd.1) Where general cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are allowed steep slopes and shore and bluff impact zones
shall be maintained in permanent vegetation or operated under an approved conservation plan
consistent with the White Earth Natural Resources Department.
Subd.2) Animal feedlots must meet the following standards:
a) New feedlots shall not be located in the shore land of water courses or in bluff impact
zones and shall be setback at least 500 feet from the ordinary high water level of all
bodies of waters basins.
b) Modifications may be made to existing feedlots that are located within 300 feet of the
ordinary high water level or within a bluff impact zone if the modifications do not extend
the feedlot closer to the ordinary high water level setback or further into the bluff impact
zone.
c) A certificate of compliance, permit, or animal feedlot permit, when required must be
obtained by the owner or operator of an animal feedlot.
W.E.E.C. 511.00 Forest Management Standards
The harvesting of timber and associated reforestation within shore land, but outside share impact
areas, must be conducted consistent with the provisions of the Natural Resources Department,
White Earth Forestry, along with the Bureau of Indian Affairs, Forestry Division. Within shore
land impact areas, these activities require a permit.
W.E.E.C. 512.00 Permits for work within the body of water
Subd.1) Permits may be issued for any and only the uses or purposes for which such permits are
required or permitted by provisions of this Code.
Subd.2) An application for a Permit shall be filed with the White Earth Reservation Water
Quality Program on a form prescribed by the White Earth Natural Resources Department. The
application shall be accompanied by such plans, elevations and site plans.
Subd.3) For each application for a permit, the Water Quality Program shall report to the White
Earth Natural Resources Department, its findings and recommendations, including the
stipulation of additional conditions and guarantees that such conditions will be compiled with
when they are deemed necessary for the protection of the environment. Upon receipt of the
report of the Water Quality Program and the White Earth Natural Resources Department shall
58
hold whatever deems advisable and shall make a decision upon the proposal to grant or deny a
Permit.
Subd.4) Findings - No Permit shall be recommended by Water Quality Manager or granted by
the White Earth Natural Resources Department unless they shall find:
a) That the Permit will not be injurious to the use and enjoyments of other property in the
immediate vicinity for the purposes already permitted nor substantially diminish and
impair property values within the immediate vicinity.
b) That the establishment of the Permit will not impede the normal, orderly development
and improvement of surrounding vacant property for uses predominant in the area.
c) That the permit will not impair or cause harm to the surrounding wildlife, habitat or
ecosystem.
Subd.5) Any alteration to the bed of bodies of waters, including construction of channels,
ditches, lagoons dredging of bottom, muck of weeds or filling in a lake or river bed, including
marshlands must receive approval by the Water Quality Program prior to the commencement of
operations.
Subd.6) Any work within the water body such as weed removal; either by hand, mechanical or
chemical shall require notification to the Water Quality Program prior to any action and a permit
must be obtained from the White Earth Water Quality Program. The Water Quality Program will
use their best judgment if the hand removal is extensive enough to require a permit.
Subd.7) Any use permitted under the terms of any permit shall be established and conducted in
conformity with the terms and conditions of such permit.
W.E.E.C. 513.00 Exemptions
Any exceptions to the above mentioned activities requires a variance order obtained from the
White Earth Planning Commission prior to any physical activity on or within the said property.
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W.E.E.C. 600.00 Zoning Code
This section of the Environmental Code is known as the White Earth Zoning Code.
W.E.E.C. 601.00 Purpose
This Zoning Code is hereby established, adopted and enacted by the White Earth Reservation
Tribal Council. Future tribal and non-tribal population growth will place increasing demands
upon Reservation natural resources. An integrated system of land use controls pertaining to all
Reservation lands is critically needed to protect fish and wildlife, their habitat, resources upon
which they depend and natural resources of importance to the Tribes economy and the economic
well-being of its members and Reservation community. Continued protection and enhancement
of the essential Native character of the Reservation and the Reservation community is of vital
importance to the Tribe. Large areas of the Reservation remain undeveloped and retain their
essential Native character. The limited development that has occurred on the Reservation has
been consistent with and preserves the essential Native character of the developed areas of the
Reservation and the Reservation community as a whole.
W.E.E.C. 602.00 Intent
Subd.1) To lessen congestion in public right-of-ways, secure safety from fire, panic and other
dangers.
Subd.2) To provide adequate light and air, facilitating the adequate provisions of water, sewerage
and other public requirements.
Subd.3) To conserve the value of natural resources and encourage the most appropriate use of land.
Subd.4) To preserve and enhance the economic values and use of agricultural land.
Subd.5) To preserve and enhance the quality of surface waters.
Subd.6) To conserve the economic and natural environmental values of shorelands.
Subd.7) To provide for the wise use of water and related land resources of the Reservation.
Subd.8) To accommodate the communication needs of residents and businesses while protecting
the public health, safety, and general welfare.
W.E.E.C. 603.00 Rules
Subd.1) Certain words or terms used in this Code shall be interpreted according to the following
rules:
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a) Words used in the present tense shall include the future;
b) Words used in the singular shall include the plural and the plural of the singular;
c) The word "structure" shall include the word "building" and the word "lot" shall include the
word "piece" or "parcel";
d) The word "shall" is mandatory;
e) The word "may" is permissive;
f) The word "person" includes a firm, association, partnership, trust, company, or corporation,
as well as an individual;
g) All distances, unless otherwise specified, shall be measured horizontally.
Subd.2) Permitted Uses:
No land or structure shall be devoted to any use except as specifically permitted by this
Code, except as follows:
a) Uses lawfully established prior to effective date of this Code;
b) Special Conditions allowed in accordance with this Code;
c) Essential services erected, constructed, altered or maintained by public utilities or by
governmental departments or commissions, subject only to the permit requirements.
Subd.3) Special Conditions:
Special Conditions of land or buildings, as listed in this Code, may be allowed subject to the
issuance of Special Condition Permits as provided within this Code. Whenever a Conditional Use
is named as a major category, it shall include all and only those itemized uses listed.
Subd.4) Headings used in this Code are for convenience only and do not define, limit or construe
the contents of the Code.
W.E.E.C. 604.00 Permits Required
Subd.1) Building Permit
A Building Permit from the White Earth Reservation Zoning Office will be required prior to the
commencement of mobile home relocation, building construction or major structural alterations
that will affect the outside dimensions of a structure on the White Earth Reservation in
accordance with this Code.
a) All structures on the White Earth Reservation shall be built consistent with the most
recent editions of a Uniform Building Code.
b) A Site Plan review is required on all developments, subdivisions, multi-family
dwellings, commercial and industrial developments, towers, parks/campground
development, salvage yard and landfill development, manufactured/mobile home park
development and expansions of such existing facilities or any other type of future
development.
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Subd.2) Shoreland Construction/Alteration Permit
a) A permit from the White Earth Zoning Office is required before any relocation of
structures, building construction or major structural alterations affecting the outside
dimensions of a structure, and before any topographic and vegetation alterations are made
within the shoreland overlay district. Any building construction or structural alterations
within a shore or bluff impact zone will require a Special Condition permit.
b) Alterations to the shoreline, or within the shore or bluff impact zone, or of the natural
topography when the slope of the land is toward a public water or watercourse, grading or
filling causing a variation of 6 inches or construction of retaining walls must obtain a
Special Condition permit prior to work being done. This does not include work
incidental to an approved building or septic permit.
Subd.3) Special Condition Permit
Special Condition permits are required when a certain use, not suitable in a particular Zoning
District, may, under certain circumstances, be suitable. Application for this permit can be
obtained from the White Earth Zoning Office.
Subd.4) Land Alteration Permit
For purposes of land development and infrastructure a Land Alteration Permit from the White
Earth Planning Commission will be required prior to commencement of land alteration, utility
installation, road construction. Application for this permit can be obtained from the White Earth
Zoning Office.
Subd.5) Sign Permit
A permit is required for the establishment of signage for billboards and including but not limited
to those that depicts a business, awareness information, or those that introduce communities within
the original boundaries of the Reservation.
W.E.E.C. 605.00 Enforcement General
Subd.1) The Zoning personnel or other authorized personnel reserves the right to enter any land
or parcel, including fee land and trust land, within the original boundaries of the Reservation to
inspect the property. Reasonable effort shall be made to locate the owner and notify him or her
of the pending inspection to be done at a reasonable time and manner.
Subd.2) Cease and Desist Orders
In the event of violations of any provision of this Code the Zoning Office may issue a written
Cease and Desist Order requiring any landowner or other responsible party to:
a)
cease such use, occupancy or work upon land, structure or such violation;
b)
abate such work and/or structure;
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c)
not sell or occupy lots divided without an approval required by this Code;
d)
remediate any adverse environmental effects, use or occupancy of land, and
violation.
Such Notice will require compliance with any regulation of the Zoning Code and/or may be
informed of compliance to other applicable White Earth Reservation Laws, Codes and
Ordinances. Such notice shall advise the right to appeal according to the procedures in this
Code.
Subd.3) Court Action.
In the event that a violation exists of this Code, failure to correct the violation within the stated
time period shall deem such violation a public nuisance and shall subject the violator to an action
in White Earth Tribal Court.
Sub. 4) Penalties.
Violation of any provision of this Code may be punished or remedied by a civil penalty. Each
day of any continuing violation may be charged as a separate violation, and a separate penalty
may be imposed.
W.E.E.C. 606.00 Glare / Lighting
Any lighting used to illuminate commercial or an off-street parking area, sign or other structure
shall be arranged as to deflect light away from any adjoining residential zone or from the public
streets. The source lights shall be hooded or controlled in some manner so as not to light
adjacent property. In any district no halogen flood lights or glare shall be permitted to be
directed into any adjoining property or public right-of-way.
W.E.E.C. 607.00 Exterior Storage
In the Village City Districts or Planned Developments/Subdivisions exterior storage shall be
within a building or fully screened in a designated area to the side yard or rear yard in an orderly
manner. Fish houses shall not be used as an additional permanent dwelling.
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W.E.E.C. 700.00 Individual Septic System Code
This section of the Environmental Code shall be known as the Individual Septic System Code.
W.E.E.C. 701.00 Purpose
The improper location, design, installation, use, and maintenance of individual sewage treatment
systems adversely affects the public health, safety, and general welfare by discharge of
inadequately treated sewage to the ground surface, surface waters, and ground waters. The
White Earth Reservation Tribal Council does hereby provide the minimum standards and criteria
for individual subsurface sewage treatment systems to protect the surface and ground waters of
the Reservation, and promotes the public health, safety, and general welfare. It is the intent of
this code to provide clear, reliable, and cost-effective technical standards and criteria; to provide
a framework for permitting and inspection programs to be administered at the local level; and to
describe the responsibilities, licensing, and enforcement requirements for individual sewage
treatment system professionals.
This Code only addresses residential household waste for individual subsurface sewage
treatment regulations and other establishments with a flow of 5000 gallons per day or less.
Commercial, industrial, agricultural, municipal and other community/cluster type wastewater
treatment systems are regulated by the United States Environmental Protection Agency and must
apply for a NPDES Permit thru the EPA. Permitting regulations pertaining to systems not
permitted by this Code can be found under the Code of Federal Regulations, title 40, part 122.
W.E.E.C. 702.00 Treatment Required
Each individual sewage treatment system shall be designed to receive and treat all sewage from
the dwelling or other establishment served in compliance with the requirements of the White
Earth Individual Septic System Code.
W.E.E.C. 703.00 Compliance
An existing individual sewage treatment system is in compliance if it is not a Failing System as
defined. A newly constructed or replacement system is in compliance if it meets the technical
standards and criteria set forth by the Tribe and/or Indian Health Service. A system is not in
compliance if footing or roof drainage or chemically treated hot tub and pool water enters any
part of a system.
W.E.E.C. 704.00 Required Upgrade
The owner of a system that is not in compliance shall upgrade, replace or repair the system so it
is in compliance, or discontinue the use of the system within ten months of receipt of a notice of
noncompliance. If a system presents an imminent threat to public health or safety as defined, the
owner shall upgrade, replace, or discontinue the use of the system within thirty days of receipt of
a notice of noncompliance.
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W.E.E.C. 705.00 Standards for Property Sales and Disclosures
Subd.1) All owners proposing to sell any property having a subsurface sewage treatment system
must be inspected by a licensed Inspector of the MPCA.
Subd.2) The seller must provide a copy of the completed Sewage system disclosure and
Compliance Inspection forms to all potential buyers before the purchase agreement is signed,
including all requirements where a Failing System needs to be replaced with a system that
complies with this Code.
Subd.3) The seller or buyer of a Failing System that is an Imminent Threat to Public Health or
Safety must have the system repaired or replaced so that it is no longer an Imminent Threat to
Public Health or Safety within 30 days after notification of non compliance. If winter or
excessive rain conditions prevent proper Sewage system replacement, the owner is required to
take appropriate action, such as, having the septic tank(s) pumped or using less water, to
eliminate any actual or Imminent Threat to Public Health or Safety. The seller or buyer of a
Failing System that is not an Imminent Threat to Public Health or Safety must have the Sewage
system upgraded to a complying Sewage system within 10 months after notification of non
compliance.
W.E.E.C. 706.00 Prohibitions and Requirements
Subd.1) No person shall design, install, construct, alter, repair, maintain, pump, inspect or
conduct site evaluations of an individual sewage treatment system within the external boundaries
of the White Earth Reservation except:
a) an individual who is a qualified employee performing work as directed by the state or
local government employer;
b) an individual who is constructing a system, other than a mound or pressure system, on
land that is owned or leased by the individual and that functions solely as a dwelling or
seasonal dwelling for that individual after consulting with a designer I or II licensed by
the State of Minnesota. The system shall be inspected before being covered and a
certificate of compliance or notice of noncompliance must be provided to the local unit of
government after the inspection. Installation of an InGround Individual Sewage
Treatment System by an owner shall be supervised by a licensed designer or installer;
c) an individual who performs labor or services under a licensee;
d) a licensed septic pumper may apply sewage waste from individual sewage treatment
systems from dwellings or other establishments to land that is owned or leased by a
farmer and disposes of those wastes on land that is owned or leased by the farmer.
Provided that the site meets land application criteria;
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e) a property owner who personally gathers information, evaluates, or investigates the ISTS
on or serving the property to provide a disclosure.
Subd.2) No person shall discharge or cause to be discharged any hand carried greywater directly
to surface waters, drainageways, or in a manner harmful to the environment or to public health.
Subd.3) Unless specifically permitted by the agency, no person shall discharge any sewage,
sewage tank effluent, or seepage from a soil treatment system to the ground surface or to surface
water.
Subd.4) No person shall discharge substances not intended for use in household cleaning
including solvents, pesticides, flammables, photo finishing chemicals, and dry cleaning
chemicals into a system.
Subd.5) No person shall discharge products containing hazardous waste or hazardous substances
into a system other than normal amounts of household products and cleaners designed for
household use.
Subd.6) No person shall discharge sewage, sewage tank effluent, or seepage from a soil
treatment system into any well or boring or any other excavation in the ground that is not in
compliance with this code.
Subd.7) All premises used for human occupancy shall have an adequate method of sewage
treatment that complies with the requirements and standards of this code.
Subd.8) If a City sewer line is not available or an individual septic system has not been provided
a Privy must be installed. Waste will not be allowed to accumulate in buckets or above ground,
or in open pits or disposed of in bags or other containers to the ground surface.
W.E.E.C. 707.00 Permit Required
Subd.1) No Enrolled Member or person, firm or corporation operating within the boundaries of
the White Earth Reservation shall install, alter, repair, or extend any individual sewage treatment
system without obtaining a permit from the Tribe. A fee may be applied at time of application.
Permits shall be valid for twelve (12) months from the date of issue.
Subd.2) A NPDES permit from the EPA is required for all commercial, industrial, agricultural,
municipal and other community/cluster type systems.
Subd.3) A Special Conditions Permit is required for any alternative or experimental system. An
application for such permit can be obtained from the Zoning office and must be issued through
the Planning Commission. Applications and permits shall be accompanied by a design by a
MPCA Licensed Designer which shall include a mitigative plan indicating what will be done if
the system fails to provide treatment and disposal.
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W.E.E.C. 708.00 Restrictions
Subd.1) No building permits shall be issued without a certificate of compliance for an existing
sewage treatment system.
Subd.2) No public hearings under this code shall be scheduled without a certificate of
compliance for an existing sewage treatment system.
Subd.3) Individual subsurface sewage treatment systems cannot be shared between more than
one building, unless it has been designed or approved by a licensed MPCA professional that it
will meet the design criteria for the size and use.
W.E.E.C. 709.00 Inspection Required
No individual subsurface sewage treatment system shall be put or replaced into service after
construction, replacement or repair until it has been inspected by a licensee or qualified
employee and a certificate of compliance has been issued. No part of the system shall be
covered until a certificate of compliance is issued.
W.E.E.C. 710.00 Sewage Treatment Systems
The design, construction, installation, location of systems, and the materials for use in building
sewers shall be in accordance with the Tribal and/or Indian Health Service requirements.
W.E.E.C. 711.00 Final Treatment and Disposal
Final treatment and disposal of all sewage tank effluent shall be by discharge into the soil
treatment system in accordance with the Tribal and/or Indian Health Service requirements.
W.E.E.C. 712.00 System Abandonment
Subd.1) Tank abandonment procedures for sewage tanks, cesspools, leaching pits, dry wells,
seepage pits, privies, and distribution devices are as follows: all solids and liquids shall be
removed and disposed of and abandoned chambers shall be removed or be filled with soil
material.
Subd.2) Access for future discharge to the system shall be permanently denied.
Subd.3) If soil treatment systems are removed, contaminated materials shall be properly handled
to prevent human contact and shall be disposed of in a manner assuring that public health and the
environment are protected.
W.E.E.C. 713.00 Alternative And Experimental Systems
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Subd.1) Alternative systems and experimental systems must meet the requirements of Tribal
and/or Indian Health Service. They may not be employed unless a special condition permit is
obtained authorizing their use. An application for a special condition permit shall be
accompanied by a design by a MPCA Licensed Designer which shall include a mitigative plan
indicating what will be done if the system fails to provide treatment and disposal.
Subd.2) A toilet waste treatment device shall be used in conjunction with a greywater system.
In all cases, only toilet wastes shall be discharged to toilet waste treatment devices. Greywater
or garbage shall not be discharged to the device except as specifically recommended by a
manufacturer.
Subd.3) Privies shall not be installed where the bottom of the pit is less than three feet above
saturated soil or bedrock. A vault privy shall be used in areas not meeting the three-foot
separation. Privies shall be set back from surface waters, buildings, property lines, and water
supply wells as prescribed. All exterior openings including vent openings, shall be screened and
adequately vented. Abandoned pits shall have the solids removed and be filled with clean earth
and slightly mounded to allow for settling. Removed solids shall be disposed of properly.
Subd.4) Other toilet waste treatment devices. Other toilet waste treatment devices may be used
where reasonable assurance of performance is provided. All devices shall be vented. All
electric, gas, and water connections shall conform to all local codes. Operation and maintenance
shall follow the manufacturer's recommendations.
Subd.5) Collector systems.
In general. Where site or soil conditions do not allow for final treatment and disposal on an
individual lot, a system where a soil treatment system is located on another lot or lots may be
employed, where approved by the Tribal Council. Plans and specifications shall comply with
local codes on such issues as zoning, joint ownership of land, joint maintenance responsibilities,
easements, and other considerations and shall be approved by the Tribal Council.
Subd.6) Holding tanks.
Holding tanks may be allowed only as replacements for existing failing systems, systems which
pose an imminent threat to public health or safety, or on existing lots as of the date of the
enactment of this chapter and only where it can conclusively be shown that a standard, or
alternative system as described in this subpart, cannot be feasibly installed.
W.E.E.C. 714.00 Violations and Penalties
Violation of any provision of this Code may be punished or remedied by a civil forfeiture. Each
day of any continuing violation may be charged as separate violation, and a separate forfeiture
may be imposed.
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W.E.E.C. 800.00 Abandoned, Manufactured and
Mobile Homes
This section of the Environmental Code is known as the Abandoned, Manufactured and Mobile
Homes Code.
W.E.E.C. 801.00 Purpose
The purpose of this Code is to establish a systematic and uniform procedure for the proper
disposal of Abandoned Manufactured and Mobile homes on the White Earth Reservation; to
conserve the value of properties; to encourage the most appropriate use of land; to regulate
potential threat to the Reservation’s wildlife and natural resources; to preserve the natural beauty
of our homeland; to promote and protect health, safety, and general welfare throughout the White
Earth Reservation.
W.E.E.C. 802.00 Abandoned and Uninhabitable Manufactured and
Mobile Homes
Notwithstanding any other provision of law, authorized official or any other person authorized
by the Reservation Tribal Council may remove abandoned or what has been deemed
uninhabitable manufactured or mobile homes from Tribally owned fee or trust land according to
this Code.
W.E.E.C. 803.00 Determination of Abandonment
Acting on the observation or report of an abandoned manufactured or mobile home, officials
having jurisdiction shall notify the owner, and lien holder (if applicable) of investigation of
abandoned dwelling. If owner is unknown, authorized official shall notify person (s) last in
possession of said dwelling. This notice shall be made via certified mail to the owner or person
(s) in possession at the address of record. After notification of investigation, said official will
inspect reported site of abandonment for a period of not less than 14 days. Inspections are to be
random, and will be conducted not less than three (3) times over the 14 day period to where all
findings will be documented.
W.E.E.C. 804.00 Determination of an Uninhabitable Dwelling
Acting on the observation or report of an uninhabitable Manufactured or Mobile home, a White
Earth Reservation Authorized Personnel having jurisdiction shall notify owner, and any lien
holder (if applicable) of investigation of uninhabitable dwelling. If owner is unknown,
authorized official shall notify person (s) last in possession of dwelling. This notice will be
made via certified mail to the owner or person (s) in possession at the address of record. Said
dwellings will be inspected by White Earth Authorized Personnel to see if it meets certain
criteria of a valid and safe dwelling, also to be taken into consideration will be if the dwelling
follows adherence to proper land use.
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W.E.E.C. 805.00 Notification of Removal
Subd.1) Upon determination that the manufactured or mobile home has been abandoned or
deemed uninhabitable, authorized official shall send a thirty (30) day notice to the owner, person
(s) in possession, and lien holder (if any) of the manufactured or mobile home of their intent to
remove and dispose of said home. Said official having jurisdiction must conduct a diligent
search of records to determine whether there is a lien holder of the manufactured or mobile
home. The notice shall be in writing and shall be sent to the owner’s or person (s) in
possession’s last known address via certified mail return receipt requested, and
Subd.2) Authorized official shall post Notice of Removal in a conspicuous place on the
abandoned home, and
Subd.3) Authorized official shall also publish Notice of Removal in a newspaper of general
circulation in the county where the abandoned home is located.
Subd.4) The notice should contain the following information:
a)
The name, address and title of the authorized official making the determination of
abandonment or deeming said dwelling uninhabitable;
b)
The date of the notice;
c)
The legal description of the real property.
d)
The general description of the abandoned and/or uninhabitable dwelling.
e)
The name of owner or person (s) in possession of abandoned and/or
uninhabitable dwelling.
f)
If applicable, name of any lien holder of the home.
g)
The owner or person (s) last in possession of the abandoned and/or uninhabitable
dwelling does not remove said dwelling within thirty (30) days of notice, the
authorized official shall take possession, to which dwelling will be removed and
properly disposed of.
h)
Failure to comply with this notice will result in a violation of this Code which
may result in a fine, reimbursement of costs incurred, and/or revocation of Natural
Resources Harvest Permit, other Tribal licensing, and/or other Tribal privileges.
W.E.E.C. 806.00 Possession of Property
Subd.1) Any official having jurisdiction over property who wishes to take, possess, seize or
dispose of any abandoned and/or uninhabitable Manufactured or Mobile home and/or its contents
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(furniture, appliances, etc.) may do so only pursuant to a duly issued order of the Tribal Court
upon application made as provided herein.
Subd.2) If the owner or person (s) in possession of what has been deemed an abandoned and/or
uninhabitable home fails to remove said home and/or its contents within thirty (30) days from
notice (certified mail, posting on dwelling, and public newspaper notice), The authorized official
shall apply for an order to the Tribal Court stating the reasons and authority for such possession
or removal in writing. Supporting documentation of abandonment and/or uninhabitable state,
and proof of noncompliance of notice will accompany the application for said order. Application
for order shall identify the property, its location (legal description of home site), its owner or
person (s) in possession and lien holder (if applicable) to the best of the applicants knowledge.
W.E.E.C. 807.00 Issuance of Order
Subd.1) Upon the receipt of an abandoned and/or uninhabitable home removal application, the
Tribal Court shall set the matter for a hearing and send notice to the owner, or person (s) in
possession, the applicant who filed said possession and removal, and the lien holder (if
applicable).
Subd.2) The Tribal Court shall, at the hearing, issue an order dissolving any and all ownership
rights of abandoned and/or uninhabitable Manufactured or Mobile home, and allowing
possession, removal, and disposal of the abandoned and/or uninhabitable Manufactured or
Mobile home (and its contents) to authorized official/applicant when:
a)
The nature of the claim and the facts prove abandonment and/or
uninhabitable dwelling, and
b)
The owner or person (s) in possession has failed to voluntarily remove the home
(and its contents) within the thirty (30) days from date of notice.
W.E.E.C. 808.00 Execution of Order
Upon the issuance of order to authorized official/applicant granting possession, removal and
disposal, said official/applicant will then execute order at his/or her own timely discretion.
W.E.E.C. 809.00 Exemptions
Subd.1) Instances that would be considered exempt from this Code are as follows:
a)
Any existing lakeshore or recreational leases. Pursuant to the fact that the
dwelling meets the habitability guidelines, if dwelling does not meet
habitability guidelines it will be subject to removal and proper disposal.
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b)
Any existing seasonal dwelling. Pursuant to the fact that the dwelling
meets the habitability guidelines, if dwelling does not meet habitability
guidelines it will be subject to removal and proper disposal.
c)
Or as determined by the Land Office Manager.
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W.E.E.C. 900.00 Storm Water Management Code
This section of the Environmental Code is known as the Storm Water Management Code.
W.E.E.C. 901.00 Introduction
The White Earth Reservation Tribal Council is the duly elected governing body of the White
Earth Reservation and is organized under Section 16 of the Act Of June 18, 1934 (48 Stat. 984)
as amended and pursuant to the revised Constitution and By-Laws of the Minnesota Chippewa
Tribe, and where as it is consistent with the purpose of the White Earth Reservation Tribal
Council to “promote the general welfare of the tribe” through the efficient and effective
management of the Reservation’s resources, as pertaining to land use, and therefore, be it
resolved , that the White Earth Reservation Tribal Council does hereby establish a Stormwater
Management Code for the purpose of managing stormwater runoff.
W.E.E.C. 902.00 General Provisions
Findings of Fact
It is hereby determined that:
Land development projects and associated increases in impervious cover alter the hydrologic
response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, and sediment transport and deposition; This stormwater runoff contributes to
increased quantities of water-borne pollutants, and; Stormwater runoff, soil erosion and nonpoint
source pollution can be controlled and minimized through the regulation of stormwater runoff
from development sites.
Therefore, the White Earth Reservation establishes this set of water quality and quantity policies
applicable to all surface waters to provide reasonable guidance for the regulation of stormwater
runoff for the purpose of protecting local water resources from degradation. It is determined that
the regulation of stormwater runoff discharges from land development projects and other
construction activities in order to control and minimize increases in stormwater runoff rates and
volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with
stormwater runoff is in the public interest and will prevent threats to public health and safety.
W.E.E.C. 903.00 Purpose
Sub.1) Future tribal and non-tribal population growth will place increasing demands upon
Reservation natural resources. An integrated system of land use controls pertaining to all
Reservation lands is critically needed to protect fish and wildlife, their habitat, resources upon
which they depend and natural resources of importance to the Tribes economy and the economic
well-being of its members and Reservation community. Continued protection and enhancement
of the essential Native character of the Reservation and the Reservation community is of vital
importance to the Tribe. Large areas of the Reservation remain undeveloped and retain their
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essential Native character. The limited development that has occurred on the Reservation has
been consistent with and preserves the essential Native character of the developed
Subd.2) The purpose of this Code is to establish minimum stormwater management requirements
and controls to protect and safeguard the general health, safety, and welfare of the public
residing in watersheds within this jurisdiction. This Code seeks to meet that purpose through the
following objectives:
a)
minimize increases in stormwater runoff from any development in order to reduce
flooding, siltation, increases in stream temperature, and stream bank erosion and
maintain the integrity of stream channels;
b)
minimize increases in nonpoint source pollution caused by stormwater runoff
from development which would otherwise degrade local water quality.
c)
minimize the total annual volume of surface water runoff which flows from any
specific site during and following development to not exceed the pre-development
hydrologic regime to the maximum extent practicable.
d)
reduce stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stormwater management controls and to
ensure that these management controls are properly maintained and pose no threat
to public safety.
W.E.E.C. 904.00 Development of a Stormwater Design Manual
Subd.1) The White Earth Reservation may furnish additional policy, criteria and information
including specifications and standards, for the proper implementation of the requirements of this
Code and may provide such information in the form of a Stormwater Design Manual.
Subd.2) This manual will include a list of acceptable stormwater treatment practices, including
the specific design criteria and operation and maintenance requirements for each stormwater
practice. The manual may be updated and expanded from time to time, at the discretion of the
White Earth Reservation, based on improvements in engineering, science, monitoring and local
maintenance experience. Stormwater treatment practices that are designed and constructed in
accordance with these design and sizing criteria will be presumed to meet the minimum water
quality performance standards.
W.E.E.C. 905.00 Permit Required
No land owner or land operator shall receive any of the building, grading or other land
development permits required for land disturbance activities without first meeting the
requirements of this Code prior to commencing the proposed activity.
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W.E.E.C. 906.00 Application Requirements
Subd.1) Unless specifically excluded by this Code, any land owner or operator desiring a permit
for a land disturbance activity shall submit to the White Earth Reservation Natural Resources
Program a permit application on a form provided for that purpose.
Subd.2) Unless otherwise accepted by this Code, a permit application must be accompanied by
the following in order for that the permit application be considered: a stormwater management
concept plan; a maintenance agreement; and a non-refundable permit review fee.
Subd.3) The stormwater management plan shall be prepared to meet the requirements of Sec. 5
of this Code, the maintenance agreement shall be prepared to meet the requirements of Sec. 9 of
this Code, and fees shall be those established by the White Earth Reservation.
W.E.E.C. 907.00 Application Procedure
1. Applications for land disturbance activity permits must be filed with the White Earth
Reservation on any regular business day.
2. A copy of this permit application shall be forwarded to White Earth Natural Resources
Department for review
3. Permit applications shall include the following: two copies of the stormwater
management concept plan, two copies of the maintenance agreement, and any required
review fees.
4. Within 30 business days of the receipt of a complete permit application, including all
documents as required by this Code, the White Earth Reservation shall inform the
applicant whether the application, plan and maintenance agreement are approved or
disapproved.
5. If the permit application, stormwater management plan or maintenance agreement are
disapproved, the applicant may revise the stormwater management plan or agreement. If
additional information is submitted, the White Earth Reservation shall have 30 business
days from the date the additional information is received to inform the applicant that the
plan and maintenance agreement are either approved or disapproved.
If the permit application, final stormwater management plan and maintenance agreement are
approved by the White Earth Reservation, all appropriate land disturbance activity permits shall
be issued.
W.E.E.C. 908.00 Permit Duration
Permits issued under this section shall be valid from the date of issuance through the date the
White Earth Reservation notifies the permit holder that all stormwater management practices
have passed the final inspection required under permit condition.
W.E.E.C. 909.00 Waivers for Providing Stormwater Management
75
Subd.1) Every applicant shall provide for stormwater management as required by this Code,
unless a written request is filed to waive this requirement. Requests to waive the stormwater
management plan requirements shall be submitted to the White Earth Reservation Natural
Resources Department for approval.
Subd.2) The minimum requirements for stormwater management may be waived in whole or in
part upon written request of the applicant, provided that at least one of the following conditions
applies:
a)
It can be demonstrated that the proposed development is not likely to impair
attainment of the objectives of this Code.
b)
Alternative minimum requirements for on-site management of stormwater
discharges have been established in a stormwater management plan that has been
approved by the White Earth Reservation and the implementation of the plan is
required by local Code.
c)
Provisions are made to manage stormwater by an off-site facility. The off-site
facility is required to be in place, to be designed and adequately sized to provide a
level of stormwater control that is equal to or greater than that which would be
afforded by on-site practices and there is a legally obligated entity responsible for
long-term operation and maintenance of the stormwater practice.
d)
The White Earth Reservation finds that meeting the minimum on-site
management requirements is not feasible due to the natural or existing physical
characteristics of a site.
e)
Non-structural practices will be used on the site that reduces: a) the generation of
stormwater from the site, b) the size and cost of stormwater storage and c) the
pollutants generated at the site. These non-structural practices are explained in
detail in the current accepted practices and the amount of credit available for
using such practices shall be determined by the White Earth Reservation.
Subd.3) In instances where one of the conditions above applies, the White Earth Reservation
may grant a waiver from strict compliance with these stormwater management provisions, as
long as acceptable mitigation measures are provided. However, to be eligible for a variance, the
applicant must demonstrate to the satisfaction of the White Earth Reservation that the variance
will not result in the following impacts to downstream waterways:
a)
b)
c)
d)
Deterioration of existing culverts, bridges, dams, and other structures;
Degradation of biological functions or habitat;
Accelerated streambank or streambed erosion or siltation;
Increased threat of flood damage to public health, life, property.
W.E.E.C. 910.00 General Performance Criteria for Stormwater Management
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Subd.1) Unless judged by the White Earth Reservation Natural Resources Department to be
exempt or granted a waiver, the following performance criteria shall be addressed for stormwater
management at all sites:
a)
All site designs shall establish stormwater management practices to control the
peak flow rates of stormwater discharge associated with specified design storms
and reduce the generation of stormwater. These practices should seek to utilize
pervious areas for stormwater treatment and to infiltrate stormwater runoff from
driveways, sidewalks, rooftops, parking lots, and landscaped areas to the
maximum extent practical to provide treatment for both water quality and
quantity.
b)
All stormwater runoff generated from new development shall not discharge
untreated stormwater directly into a jurisdictional wetland or local water body
without adequate treatment. Where such discharges are proposed, the impact of
the proposal on wetland functional values shall be assessed using a method
acceptable to the White Earth Reservation. In no case shall the impact on
functional values be any less than allowed by the Army Corp of Engineers (ACE)
responsible for natural resources.
c)
Annual groundwater recharge rates shall be maintained, by promoting infiltration
through the use of structural and non-structural methods. At a minimum, annual
recharge from the post development site shall mimic the annual recharge from
pre-development site conditions.
d)
For new development, structural stormwater treatment practices shall be designed
to remove % of the average annual post development total suspended solids load
(TSS). It is presumed that a STP complies with this performance standard if it is:
sized to capture the prescribed water quality volume (WQv).
designed according to the specific performance criteria outlined in current
accepted design practices, constructed properly, and maintained regularly.
e)
To protect stream channels from degradation, a specific channel protection
criteria shall be provided as prescribed in current accepted practices
f)
Stormwater discharges to critical areas with sensitive resources (i.e., cold water
fisheries, shellfish beds, swimming beaches, recharge areas, water supply
reservoirs) may be subject to additional performance criteria, or may need to
utilize or restrict certain stormwater management practices.
g)
Certain industrial sites are required to prepare and implement a stormwater
pollution prevention plan, and shall file a notice of intent (NOI) under the
provisions of the National Pollutant Discharge Elimination System (NPDES)
general permit. The stormwater pollution prevention plan requirement
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