SKOKOMISH ENVIRONMENTAL PROTECTION ACT

Tribal code

Ask Donna

What actually matters in this document.

Text

TABLE OF CONTENTS

FINDINGS, PURPOSE, GOALS (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.001

Findings (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.002

Purpose (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.003

Goals (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

DEFINITIONS (REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.010

Definitions (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.011

Time Limits – Exceptions (REPEALED BY RESOLUTION No.

16-43 (March 2, 2016))

PERMITS REQUIRED (REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.020

Permit Required for Certain Activities (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.021

Exceptions to Permit Requirement (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.022

“Grandfathered” Activities (REPEALED BY RESOLUTION No.

16-43 (March 2, 2016))

6.03.023

Permit Application, Environmental Checklist (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.024

Filing (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

REVIEW OF APPLICATION (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.030

Review of Permit Application and Checklist (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.031

Initial Notice to Applicant (REPEALED BY RESOLUTION No.

16-43 (March 2, 2016))

6.03.032

Determination and Recommendation of the Director

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

ENVIRONMENTAL REVIEW (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.040

Environmental Review – Generally (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.041

“Significantly Affecting the Environment” (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.042

Finding of No Significant Impact (REPEALED BY

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 1 OF 25

6.03.043

6.03.044

6.03.045

6.03.046

6.03.047

2016))

6.03.048

6.03.049

6.03.050

6.03.051

6.03.052

6.03.053

6.03.054

6.03.055

RESOLUTION No. 16-43 (March 2, 2016))

Cultural Values and Community Aesthetics (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

Tribal Council Decision (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))

Conditional Permits (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

Environmental Impact Statement Required (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

EIS Format (REPEALED BY RESOLUTION No. 16-43 (March 2,

Cost of EIS (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

Cooperation with Other Agencies in EIS Preparation

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

Sufficiency of EIS (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

Recommendation of Director Based on EIS (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

Public Hearing (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

Notice of Public Hearings (REPEALED BY RESOLUTION No.

16-43 (March 2, 2016))

Tribal Council Decision (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))

Basis for Decisions to Approve, Deny, or Condition Permit

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

APPEAL, RECONSIDERATION AND REHEARING (REPEALED BY RESOLUTION

No. 16-43 (March 2, 2016))

6.03.060

Request for Rehearing (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))

6.03.061

Notice of Appeal; Request for Reconsideration – Timing

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.062

Notice of Appeal; Request for Reconsideration – Content

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.063

Stay Pending Appeal or Reconsideration(REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.064

Scheduling of Hearing – Notice (REPEALED BY RESOLUTION

No. 16-43 (March 2, 2016))

6.03.065

Hearing (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.066

Decision of the Tribal Council on Appeal or Reconsideration

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.067

Appeal to Tribal Court (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))

ARCHAEOLOGICAL OR HISTORICAL SITES (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 2 OF 25

6.03.080

6.03.081

Purpose (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

Policies Regarding Archaeological and Historic Sites

(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

STANDARDS (REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))

6.03.090

General Standards (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

ENFORCEMENT, PENALTIES (REPEALED BY RESOLUTION No. 16-43 (March 2,

2016))

6.03.100

Failure to Obtain and Comply with Permit (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.101

Notice of Violation (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

6.03.102

Civil Penalty (REPEALED BY RESOLUTION No. 16-43 (March

2, 2016))

6.03.103

Appeal from Penalty (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

6.03.104

Enforcement of Penalty in Court (REPEALED BY

RESOLUTION No. 16-43 (March 2, 2016))

6.03.105

Money Damages for Violation (REPEALED BY RESOLUTION

No. 16-43 (March 2, 2016))

SOVEREIGN IMMUNITY, SEVERABILITY (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

6.03.110

Sovereign Immunity (REPEALED BY RESOLUTION No. 16-43

(March 2, 2016))

6.03.111

Severability (REPEALED BY RESOLUTION No. 16-43 (March

2, 2016))

GENERAL PROVISIONS

6.03.112

Title

6.03.113

Purpose and Scope

6.03.114

Authority

6.03.115

Jurisdiction

6.03.116

Definitions

6.03.117

Construction

6.03.118

Severability

6.03.119

No Waiver of Sovereign Immunity

SPECIAL PROVISIONS

6.03.120

Time Limits

6.03.121

Preservation of Natural Character

6.03.122

Natural Buffers

6.03.123

No Interference with Fishing Rights

6.03.124

Quality of Water, Fish, and Wildlife

6.03.125

Estuarine and/or Near Shore Marine Shoreline Setback

6.03.126

Fish Wastes

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 3 OF 25

6.03.127

6.03.128

6.03.129

6.03.130

6.03.131

6.03.132

Recycling

Flood Proofing

Erosion Control, Clearing and Grading

Use of Fill

Sewage Disposal and Drinking Water

Herbicides and Pesticides

SKOKOMISH DEPARTMENT OF NATURAL RESOURCES

6.03.140

Authority and Duty of the Skokomish Department of Natural

Resources

SKEPA PERMITS

6.03.145

6.03.146

6.03.147

When Required

Exceptions

“Grandfathered” Activities

SKEPA PERMIT APPLICATION

6.03.150

Environmental Checklist

6.03.151

Filing

6.03.152

Review Process

6.03.153

Initial Notice to Applicant

ENVIRONMENTAL REVIEW

6.03.160

Generally

6.03.161

Finding of No Significant Impact to the Environment

6.03.162

Cultural Values and Community Aesthetics

6.03.163

Tribal Council Review – Initial Permit Application

6.03.164

Conditional Permits

6.03.165

Environmental Impact Statement – When Required

6.03.166

Environmental Impact Statement – Format

6.03.167

Environmental Impact Statement – Cost

6.03.168

Environmental Impact Statement – Sufficiency

6.03.169

Recommendation of Director

6.03.170

Public Hearing – When Required

6.03.171

Public Hearing – Notice

6.03.172

Tribal Council Decision – Following Public Hearing

6.03.173

Basis for Decision to Approve, Deny, or Condition Permit

APPEAL, RECONSIDERATION, AND REHEARING

6.03.180

Request for Rehearing

6.03.181

Notice of Appeal; Request for Reconsideration – Timing

6.03.182

Notice of Appeal; Request for Reconsideration – Content

6.03.183

Stay Pending Appeal or Reconsideration

6.03.184

Scheduling of Hearing – Notice

6.03.185

Hearing

6.03.186

Decision of the Tribal Council on Appeal or Reconsideration

6.03.187

Appeal to Tribal Court

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 4 OF 25

ARCHAEOLOGICAL OR HISTORICAL SITES

6.03.195

Purpose

6.03.196

Policies Regarding Archaeological and Historic Sites

6.03.197

Failure to Comply with Archaeological and Historic Sites

Policies

ENFORCEMENT

6.03.200

6.03.201

6.03.202

6.03.203

6.03.204

6.03.205

Failure to Obtain and Comply with Permit

Notice of Violation

Civil Penalty

Appeal from Penalty

Enforcement of Penalty in Court

Money Damages for Violation

GENERAL PROVISIONS

6.03.112

Title

This Ordinance shall be known as the Skokomish Environmental Protection Act.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

Purpose and Scope

(a) The purpose of this Act is to fulfill the Skokomish Indian Tribe’s sovereign

duty to protect the quality of environment within the boundaries of the

Skokomish Indian Reservation and all lands owned by the Tribe. The

beneficial stewardship of the land, air, and waters of the Skokomish Indian

Reservation is a solemn obligation of the present generation for the benefit of

future generations, as the traditions and customs of the Tribe reflect the belief

that every person has a fundamental and inalienable right to a healthful

environment. In promulgating this Act, the Skokomish Tribal Council intends

to further the following goals of the Tribe:

(1) To protect the natural resources of the Tribe and other lands owned

and managed by the Tribe from contamination, pollution, and other

degradation.

(2) To protect and enhance the habitat of all types of fish, shellfish, and

wildlife resources, particularly the Skokomish River estuary and

associated wetlands that are critically important components of the

ecosystem and its support of fish and shellfish resources.

(3) To minimize the adverse impacts that would result from locating

developments in environmentally sensitive areas.

(4) To preserve the traditional open, rural, natural environment that has

been integral to the current and historical lifeways of the Twana and

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 5 OF 25

Skokomish peoples.

(b) The provisions of this Act shall apply to the fullest extent of the sovereign

jurisdiction of the Skokomish Indian Tribe authorized by the Constitution of

the Skokomish Indian Tribe, the Treaty of Point No Point, and applicable

federal law. The provisions of this Act shall apply to and be in conformity with

all agreements and other cooperative arrangements entered into by the

Skokomish Indian Tribe designed to ensure economic self-sufficiency for the

Tribe and its people. The provisions of this Act shall apply to all persons who

are employed by the Skokomish Indian Tribe and appointed by the

Skokomish Tribal Council to serve on advisory committees, task forces, or

Tribal enterprises.

policies that emphasize environmental protection, including but not limited to

the National Environmental Policy Act, the Coastal Zone Management Act,

the Clean Air Act, the Clean Water Act, the Resource Conservation and

Recovery Act, the Washington State Environmental Policy Act, and the

Washington Shoreline Management Act. The Tribal Council recognizes that

ecosystems operate without jurisdictional boundaries, and this Act is intended

to be implemented with the spirit of cooperation with other governments and

their agencies.

(d) These provisions are not to be deemed substitutes for zoning, land use,

development or other building ordinances. Regulation and permitting process

for these areas are provided for in other parts of the Skokomish Tribal Code.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.114

Authority

This Act is enacted pursuant to Art. V, Sec. 1(e), (h), and (j) of the Constitution of the

Skokomish Indian Tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.115

Jurisdiction

(a) The provisions of this Act shall apply to all persons, property, and lands

subject to the governing authority of the Skokomish Indian Tribe as

established by the Tribal Constitution and by the laws of the United States.

(b) Any person who resides within the territorial jurisdiction of the Skokomish

Indian Tribe, or conducts business or engages in a business transaction

within the territorial jurisdiction of the Skokomish Indian Tribe, shall be

deemed to have consented to the civil jurisdiction of the Skokomish Indian

Tribe for purposes of legal actions under this Act, including detainment,

service of process and summons, and search and seizure.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 6 OF 25

6.03.116

Definitions

For purposes of this Act, unless otherwise expressly provided, the following definitions

shall apply:

(a) “Buffer” means a quantifiable area of land adjacent to a critical area (streams,

wetlands, marine shorelines, erosion hazard areas) that protects the

functions and values of a critical area.

(b) “Construction” means any onsite activity that is directly related to building or

modifying a structure. It does not include minor repairs to or painting of

existing structures.

(d) “Director” means the Director of the Skokomish Department of Natural

Resources or his/her delegate.

(e) “EIS” means environmental impact statement.

(f) “Floodplain” means lowlands adjoining the channel of a river, stream, or other

body of water that may have been or may become inundated by floodwater,

and those areas subject to flooding. With regard to this Act, the term refers to

the area inundated by the 100-year flood event. These areas are identified as

“flood hazard areas” by the Federal Emergency Management Agency

(FEMA) under the auspices of the National Flood Insurance Program (NFIP).

(g) “Land disturbing activity” means any activity that results in movement of earth,

or a change in the existing soil cover (both vegetative and non-vegetative)

and/or the existing soil topography. Land disturbing activities include, but are

not limited to, clearing, grading, filling, and excavation. Compaction that is

associated with stabilization of structures and road construction shall also be

considered land disturbing activity. Vegetation maintenance practices are not

considered land disturbing activity.

(h) “Normal public use” means fishing, shellfishing, boating, swimming, and

general recreation by persons with a legal right to engage in those activities.

(i) “Planning Board” means the board of employees of the Skokomish Indian

Tribe who review SKEPA applications and determine what kind, if any, permit

will be granted. The Planning Board consists of the Director, the

Environmental Planner, the Community Planning Department Director or

his/her delegate, the Tribe’s Historic Preservation Officer (THPO), the Lands

Coordinator, and others as deemed necessary by the Planning Board.

(j) “Proposed activity” and “activity” mean a development, project, construction, or

other proposed action.

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 7 OF 25

(k) “Reservation” means all lands and waters within the exterior boundaries of the

Skokomish Indian Reservation, as now or later proclaimed.

(l) “Skokomish community” means any person or entity residing or operating

within the boundaries of the Skokomish Indian Reservation, and also includes

all enrolled members of the Skokomish Indian Tribe regardless of whether

they reside within or outside the boundaries of the Skokomish Indian

Reservation.

(m) “Structure” means a permanent or temporary edifice or building, or any piece

of work artificially built or composed of parts joined together in some definite

manner, whether installed on, above, or below the surface of the ground or

water, and includes roads, streets, sidewalks, and other causeways.

(n) “Tribal Council” refers to the governing body of the Skokomish Indian Tribe as

defined in the Skokomish Tribal Constitution.

(o) “Tribal Court” means the Skokomish Tribal Court as established by the laws

of this Tribe or such body as may now or hereafter be authorized by the laws

of this Tribe to exercise the powers and functions of a court of law.

(p) “Tribal law enforcement” or “Tribal police” means the Skokomish Department

of Public Safety and includes fisheries enforcement officers.

(q) “Tribal law enforcement officer” means a sworn officer acting under the

authority of the Skokomish Indian Tribe through the Skokomish Department

of Public Safety.

(r) “Tribe” refers to the Skokomish Indian Tribe as defined in the Skokomish

Tribal Constitution.

(s) “Water-dependent use” means a use or portion of a use which cannot exist in

a location that is not adjacent to the water and which is dependent on the

water by reason of the intrinsic nature of its operations.

(t) “Wetlands” and “wetland areas” mean lands transitional between terrestrial

and aquatic systems where the water table is usually at or near the surface,

or the land is covered by shallow water. Wetlands have one or more of the

following attributes:

(1) At least periodically, the land predominantly supports hydrophytes.

(2) The substrate is predominantly undrained hydric soil.

(3) The substrate is non-soils and is saturated with water or covered by

shallow water at some time during the growing season of each year.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 8 OF 25

6.03.117

Construction

This Act shall be liberally construed to give full effect to the objectives and purposes for

which it was enacted.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.118

Severability

If any provision of this Act, or its application to any person, legal entity, or circumstance,

is held invalid, the remainder of the Act, or the application of the provision to other

persons, legal entities, or circumstances, shall not be affected.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.119

No Waiver of Sovereign Immunity

Nothing in this Act shall be deemed to have waived or to permit the corporation to waive

the Tribe's sovereign immunity from suit. The Skokomish Indian Tribe expressly reserves

all of its inherent sovereign rights as a federally recognized Indian tribe, including

sovereign immunity from suit in any state, federal, or tribal court without the Tribe’s

express consent.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

SPECIAL PROVISIONS

6.03.120

Time Limits

Time limits imposed on the Tribal Council in this Act are guidelines. Postponements for

lack of a quorum shall have no consequence except a delay in the process. Time limits

for the EIS shall be made by agreement of the applicant and the Director. Time limits

throughout the Act shall be construed in a manner that accomplishes the goals of this

Act.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.121

Preservation of Natural Character

All developments shall be consistent with the natural characteristics and ecological

systems of the Reservation. Developments in sensitive areas, such as steeply sloped

land, flood plains, and wetlands, if allowed, shall have only a minimum level of impact

upon the natural systems.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.122

Natural Buffers

All activities must leave undisturbed, natural, vegetated buffers adjacent to rivers,

streams, and wetlands. Construction, accessory uses, septic tanks, and agriculture are

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 9 OF 25

prohibited within the buffer. Timber harvesting is prohibited within the buffer, except

those trees that have naturally fallen across a waterway or are deemed a danger, which

may be removed upon prior authorization from the Director. A buffer of 150 feet shall

remain adjacent to all fish-bearing streams, including the Skokomish River and Skabob

Creek. A buffer of 100 feet shall remain adjacent to all non-fish-bearing streams. The

Tribal Council may increase or decrease the size of a buffer for a particular activity in

order to meet other goals, purposes, and standards of this Act or other applicable law.

Buffers shall be measured landward from the channel migration zone or the ordinary

high water mark, whichever is greater. Buffers adjacent to a stream or river shall be left

on both sides of the waterway.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.123

No Interference with Fishing Rights

No activity shall occur in a manner that causes interference with the exercise of

Skokomish Treaty fishing rights. No activity shall block or impede the free movement of

fish.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.124

Quality of Water, Fish, and Wildlife

Activities shall be located, designed, constructed, and operated in a manner that

minimizes adverse impacts on fish, shellfish, wildlife, water quality, and existing

geohydraulic shore and stream processes.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.125

Estuarine and/or Near Shore Marine Shoreline Setback

Structures or activities that are not water-dependent uses shall be located inland, at

least 250 feet from the mean high water level, when practicable.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.126

Fish Wastes

Discharge of wastes from fish and shellfish processing into water bodies shall, at a

minimum, meet the federal standards for those activities. Alternative uses for fish and

seafood wastes, such as fertilizer, are encouraged.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.127

Recycling

Wastes or refuse from any activity shall be recycled when practicable.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 10 OF 25

6.03.128

Flood Proofing

No activity shall be located in areas subject to flooding or tidal inundation unless

complete flood-proofing measures have been implemented, and then only when the

location of the structure will not aggravate flooding potentials of the nearby properties.

Structures within the 100-year flood plain must comply with federal flood-proof standards

necessary to obtain federal flood insurance, whether flood insurance is obtained or not.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.129

Erosion Control, Clearing and Grading

An erosion control plan must be approved prior to issuance of a permit under this Act for

any activity that poses a risk of erosion during or after construction. No earth or debris

resulting from the activity shall be allowed to enter streams, lakes, or marine waters. No

activity shall contribute to foundation instability or mass soil movement. All clearing,

grading and land disturbing activities must be designed to minimize impact to the

environment.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.130

Use of Fill

Use of fill material is permitted only upon prior approval by the Director. If an activity

uses fill material to accommodate the activity, the Director may require a professionally

licensed engineer to certify that the fill will not alter or impede the natural flow of surface

water or groundwater, or present a geologic hazard. There shall be no excavation or

filling of stream channels or lakes, or alteration of stream courses unless required for a

project that would enhance the biological productivity of the aquatic environment, in

which case it will be a conditional use.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.131

Sewage Disposal and Drinking Water

Any activity that requires sewage disposal or extraction of drinking water shall not result

in erosion, mass movement of soil, contamination of groundwater, saltwater intrusion, or

any other adverse impacts to the environment. The Tribe may require the applicant or

permit holder to submit a report completed by a professionally licensed engineer to

prove the absence of all adverse impacts to the environment.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.132

Herbicides and Pesticides

Application of herbicides and pesticides is prohibited except for:

(a) Conditional permits that may be issued for agricultural (including tree farming)

and residential applications, but only when no reasonable alternative is

available to control pests or invasive plant growth; and

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 11 OF 25

(b) Single family residences using non-commercial grade products.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

SKOKOMISH DEPARTMENT OF NATURAL RESOURCES

6.03.140

Authority and Duty of the Skokomish Department of Natural

Resources

The Department, in addition to other duties, acts in a regulatory and advisory capacity to

the Tribal Council in order to manage SKEPA-related activities under this Act. The

Department may prepare and recommend for promulgation by the Tribal Council

regulations for all aspects of SKEPA-related activities and permits. The Department may

also monitor and inspect, in conjunction with Tribal law enforcement, all SKEPA-related

activities and permits within the Reservation and within all Tribal Trust lands off the

Reservation for compliance with this Act and all regulations adopted under it.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

SKEPA PERMITS

6.03.145

When Required

Any person conducting an activity within the boundaries of the Reservation or with the

boundaries of Tribal Trust land outside of the Reservation shall be required to obtain a

Skokomish Environmental Protection Act (SKEPA) Permit from the Skokomish

Department of Natural Resources. Activities requiring a permit include, but are not

limited to, the following:

(a) Preparation of a site for the construction of a building or area for purpose of

human habitation, business use, or public use;

(b) Construction of any structure and construction that expands the square

footage of the exterior of an existing structure by more than 100 square feet

or has clearing, grading, and/or land disturbing components;

(d) Road construction or repair, and right-of-way maintenance;

(e) Construction or repair of culverts and drainage ditches;

(f) Construction of any water or flood-related project, regardless of the nature or

extent of the construction activity;

(g) Any project of a permanent or temporary nature that interferes with the

normal public use of the surface of the waters overlying lands within the

Reservation at any state of water level;

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 12 OF 25

(h) Dredging, drilling, dumping, removal of sand, gravel, or minerals,

bulkheading, diking, riprapping, or driving of piling;

(i) Timber harvesting on lands not designated as forest lands;

(j) Spraying or other application of pesticides and herbicides, except for use by

single family residences using non-commercial grade products;

(k) Clearing, grading, or other land disturbing activity;

(l) Storage, application, disposal, or incineration of solid waste and/or hazardous

materials as defined within the Resource Conservation Recovery Act, 42

U.S.C. § 6992 et seq.

(m) Other activities prohibited or restricted pursuant to regulations promulgated

by the Department under this Act.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.146

Exceptions

Except where otherwise prohibited by law, the following activities do not require a

SKEPA Permit:

(a) Residential home improvements, except for clearing, grading or other land

disturbing activity;

(b) Personal use of non-timber forest resources for subsistence or traditional

cultural purposes by Skokomish Tribal members, such as brush picking, berry

gathering, or mushroom foraging;

(d) Fireworks stands licensed by the Tribe, as long as there is no land disturbing

activity needed for installation.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.147

“Grandfathered” Activities

Structures in existence prior to the adoption of this Act are exempt from SKEPA Permit

requirements under this Act. Modifications to such structures made after the adoption of

this Act may independently require a SKEPA Permit in accordance with this Act.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 13 OF 25

SKEPA PERMIT APPLICATION

6.03.150

Environmental Checklist

Any person intending to engage in activities requiring a SKEPA Permit under this Act

shall obtain a permit application and environmental checklist from the Director.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.151

Filing

Any person intending to engage in activities requiring a SKEPA Permit under this Act

shall submit a completed permit application and environmental checklist to the Director

with a $25.00 filing fee, except where the Director waives the fee due to the applicant’s

financial hardship. The filing fee shall not be assessed to Tribal members.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.152

Review Process

The permit application and environmental checklist shall be initially reviewed by the

Director, who will render a decision to approve, deny, or condition the permit. The

Director may request assistance from appropriate technical personnel in conducting the

review. The Director’s written decision shall include the following determinations:

(a) Is there sufficient information in the application? Does the permit application

and environmental checklist contain adequate information on which to base a

decision to either approve or deny the permit, or to allow a conditional use? If

there is not enough information, the Director may require a personal

conference with the applicant.

(b) Are the goals and purposes of the Act met? Does the proposed activity

conform to the goals and purpose of this Act, as set forth in S.T.C. 6.03.113?

meet the environmental review criteria under S.T.C. 6.03.160 through S.T.C.

6.03.173?

(d) Are there archaeological issues to be addressed? Does the proposed activity

adequately address archaeological and historical site concerns, and is the

proposed activity compatible with the policies for such sites under S.T.C.

6.03.195 through S.T.C. 6.03.197?

(e) Are the standards of the Act met? Does the proposed activity conform to

standards set forth for that type of activity under S.T.C. 6.03.120 through

S.T.C. 6.03.132?

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 14 OF 25

6.03.153

Initial Notice to Applicant

Within 30 days from the date the Department receives a completed application and

environmental checklist, the Director shall notify the applicant of one or more of the

following:

(a) The applicant must attend a personal conference with the Director to clarify

or complete information required by the permit application or environmental

checklist.

(b) The Director requires additional time to make a determination regarding the

SKEPA Permit application.

environment, and an environmental impact statement will be required under

S.T.C. 6.03.165.

(d) The Director has determined that the archaeological and historical

preservation requirements of S.T.C. 6.03.195 through S.T.C. 6.03.197

necessitate further action by the applicant.

(e) The Director has made a finding of no significant impact (FONSI) and has

approved the SKEPA Permit application.

(f) The Director has made a FONSI pursuant to S.T.C. 6.03.161, and has

approved the SKEPA Permit application subject to conditions set by the

Director.

(g) The Director has determined that the permit must be denied. The initial notice

to the applicant must describe the reasons for the denial.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ENVIRONMENTAL REVIEW

6.03.160

Generally

(a) The Planning Board shall review each permit application and environmental

checklist for the purpose of determining whether a proposed activity will

significantly impact the environment. If so, the applicant will be required to

prepare an environmental impact statement conforming to the requirements

of S.T.C. 6.03.166 through S.T.C. 6.03.168. If there any potential

archaeological and historical site concerns, then the applicant may be

required to follow the procedures under S.T.C. 6.03.195 through S.T.C.

6.03.197.

(b) The Director may use any technical assistance he/she may require in making

a review. The Director may present a permit application and environmental

checklist to the Tribal Council for additional input.

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 15 OF 25

environment shall be made in the context of Skokomish Tribal culture and

values. Factors to be considered in evaluating a permit application and

environmental checklist include:

(1) The degree to which the proposed activity will adversely affect the

quantity and quality of the fish and shellfish resources of the Tribe;

(2) Unique or sensitive characteristics of the geographic or hydrologic

area in which the proposed activity will take place;

(3) The degree to which the action may adversely affect an endangered

or threatened species or its habitat;

(4) Whether the proposed activity may cause loss or destruction of

cultural, historical, or scientific resources;

(5) The degree to which the proposed activity affects health and safety of

the Skokomish community;

(6) The degree to which the effects of the proposed activity are uncertain

or involve unique or unknown risks;

(7) The degree to which the proposed activity may establish a precedent

for future actions with significant effects;

(8) The level of Skokomish community support or opposition;

(9) Whether the action is related to other actions with individually

insignificant but cumulatively significant impacts. If it is reasonable to

anticipate a cumulatively significant impact on the environment, the

activity is significant;

(10) Whether the action threatens a violation of federal, state, or local law

or requirement, or inter-local cooperation agreement to which the

Tribe is a party;

(11) Whether the action would violate the Constitution of the Skokomish

Indian Tribe or any other law or policy of the Tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.161

Finding of No Significant Impact to the Environment

If the Director determines that the proposed project will not have a significant impact to

the environment, based on a review of the environmental checklist, the applicant

conference, if any, and the recommendations of any technical persons consulted, he/she

shall prepare a finding of no significant impact (FONSI).

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 16 OF 25

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.162

Cultural Values and Community Aesthetics

If the Director issues a FONSI, but also finds that a proposed activity may adversely

impact Tribal cultural values or community aesthetics, he/she may post a notice

requesting public comment at the Skokomish Fisheries Building, Twin Totems store, and

the Skokomish Tribal Center. Any interested person or entity may submit written

comments to the Director within 15 calendar days of the date the notice is posted.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.163

Tribal Council Review – Initial Permit Application

If the Director chooses to seek input from the Tribal Council on an initial permit

application, then the Director shall forward all materials relevant to the application to the

Tribal Council for review at the next regularly scheduled meeting. The Tribal Council

may make a recommendation to the Director. The Director’s findings and decision shall

state whether the Tribal Council reviewed the application materials, when the review was

completed, and what, if any, recommendations were made by the Tribal Council.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.164

Conditional Permits

The Director may issue a SKEPA Permit with conditions when a proposed activity

substantially, but not entirely, meets the requirements set forth in S.T.C. 6.03.152 and

the activity could be conducted in harmony with the Tribe's purposes under this Act if

certain acts or omissions are performed by the applicant. A SKEPA Permit is issued

subject to those conditions and is revocable if those conditions are not met by the

applicant. The Director may grant a conditional SKEPA Permit in his/her discretion after

a finding of no significant impact pursuant to S.T.C. 6.03.161, or after the environmental

impact statement process, as provided in S.T.C. 6.03.166 through S.T.C. 6.03.168.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.165

Environmental Impact Statement – When Required

If the Director determines that the proposed activity will significantly impact or is likely to

significantly impact the environment, the applicant shall be required to prepare an

environmental impact statement (EIS).

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.166

Environmental Impact Statement – Format

The EIS shall be written in plain language so that it is easily understood. Supplemental

materials that are of a technical nature may be included for review by the Tribe's

technical staff and advisors. The applicant shall provide the Tribe with an original and 10

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 17 OF 25

copies of the EIS. The EIS shall substantially follow the format set forth below:

(a) Cover Sheet. A one-page cover sheet that gives the title of the proposed

activity or project, the name, address, and telephone number of the

preparer(s), identified as such. The same information for the applicant. A oneparagraph abstract of the proposed activity.

(b) Summary. A summary, not to exceed 15 pages, adequately and accurately

summarizing the major conclusions, areas of controversy, and issues to be

resolved, including alternatives.

need for the proposed activity.

(d) The Proposed Activity and Alternatives. This section is the heart of the EIS. It

shall present the environmental impacts of the proposed activity and the

alternatives in comparative form to make a clear basis for choice among

options. It shall rigorously explore and objectively evaluate all reasonable

alternatives, including the alternative of no action. It shall also include

appropriate mitigation measures not already included in the proposed activity

or alternatives.

(e) Affected Environment. The EIS shall succinctly describe the environment of

the area(s) to be affected or created by the alternatives under consideration.

(f) Environmental Consequences. This section shall include the actual and

potential environmental impacts of the proposed activity, including

alternatives to the proposed activity, and shall include the following items:

(1) Any adverse environmental effects that cannot be avoided should the

proposal be implemented;

(2) The relationship between short-term uses of the environment and the

maintenance and enhancement of long-term productivity;

(3) Any irreversible or irretrievable commitments of resources that would

be involved in the proposal should it be implemented;

(4) Any direct or indirect effects and their significance;

(5) Any possible conflicts between federal, state, regional, local and interlocal plans, policies, and controls for the area concerned;

(6) Any energy requirements and conservation potential;

(7) Any specific impacts on the Skokomish Tribal fisheries, including

habitat;

S.T.C. 6.03

(8) Any specific impacts on the Skokomish Tribe’s natural resources,

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 18 OF 25

including habitat;

(9) Any natural or depletable resource requirements, along with

conservation potential and mitigation measures for the proposed

activity and alternatives;

(10) Any impacts on the quality of Skokomish community life and

compatibility with cultural values;

(11) Any means to mitigate adverse environmental impacts not already

covered.

(g) List of Preparers. The EIS shall list the names and qualifications (expertise,

experience, professional disciplines) of the persons who were primarily

responsible for preparing the EIS. Persons responsible for a particular section

or analysis shall be identified.

(h) Appendix. Materials prepared in connection with the EIS that substantiate any

analyses or are otherwise relevant to the decision to be made may be placed

in an appendix.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.167

Environmental Impact Statement – Cost

The cost of preparing and copying the EIS shall be borne by the applicant.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.168

Environmental Impact Statement – Sufficiency

(a) The Director shall have the authority to determine whether an EIS is sufficient

in scope, detail, and overall quality. The Director may require supplemental or

revised materials to be presented if necessary to aid in making decisions

based on the EIS.

(b) If a proposed activity will be subject to environmental assessment or

preparation of an EIS by another governmental authority, the Director may

work with the applicant to coordinate the sharing of information and possible

incorporation by reference of materials prepared by or for the other agency.

The applicant is responsible for providing the Director with copies of all

materials incorporated by reference.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.169

Recommendation of Director

The Director shall prepare a written recommendation to the Tribal Council advising

whether the proposed activity can be conducted without significant adverse impact to the

environment. If the proposed activity can be conducted without significant adverse

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 19 OF 25

impact to the environment only if certain mitigating factors are present, the Director may

recommend that a conditional permit be considered. A copy of the Director’s

recommendation shall be provided to the applicant at or prior to the public hearing.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.170

Public Hearing – When Required

(a) If a proposed activity requires an environmental impact statement, a public

hearing shall be scheduled by the Director to take place within 30 days of

receipt of the EIS from the applicant.

(b) The Tribal Council shall preside over the hearing. The applicant shall be given

an opportunity to give a presentation about the proposed activity, not to

exceed one (1) hour. The Director shall present his/her recommendation.

Additional public hearings before or after that hearing may be scheduled if the

Director or the Tribal Council deems it to be in the best interest of the

Skokomish community.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.171

Public Hearing – Notice

Notice of public hearings under this Act shall be given to the applicant, the Tribal

Council, and the Skokomish community. The notice shall state the time and place of the

hearing and state the subject matter. The notice shall either be published in the

Skokomish newsletter at least five (5) days before the hearing or shall be posted in at

least two (2) prominent locations on the Reservation. The notice shall be mailed or

served on the applicant at least 10 days before the hearing. The Director shall verify that

the notices have been made as required.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.172

Tribal Council Decision – Following Public Hearing

Following the public hearing(s), the Tribal Council shall decide whether to grant or deny

the issuance of the SKEPA Permit, or to issue a conditional SKEPA Permit. The Tribal

Council shall give notice of its decision to the applicant within 30 days of the final public

hearing, at which time the Tribal Council shall also publish and post a notice to the

Skokomish community of its decision. The notice shall be posted at the Skokomish

Fisheries Building, Twin Totems store, and the Skokomish Tribal Center for a period of

15 days. The notice shall include the date of posting.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.173

Basis for Decision to Approve, Deny, or Condition Permit

The decision to grant a permit, whether made by the Director or the Tribal Council, shall

be based on whether the proposed activity would be conducted in a way that would

affirmatively satisfy each of the factors in S.T.C. 6.03.152 being answered affirmatively.

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 20 OF 25

Conditional permits shall be granted in the discretion of the Director or Tribal Council as

set forth in S.T.C. 6.03.164.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

APPEAL, RECONSIDERATION, AND REHEARING

6.03.180

Request for Rehearing

An applicant may request reconsideration by the Tribal Council of the decision to deny a

permit. The Tribal Council may also grant review of an appeal from a decision regarding

a conditional permit, in its discretion. Any member of the Skokomish Tribal community

may appeal a decision to grant a permit, including a conditional permit, in the same

manner as set forth above.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.181

Notice of Appeal; Request for Reconsideration – Timing

Any notice of appeal or request for reconsideration under this Section must be filed no

later than 15 calendar days from the date the permit was approved or denied. The

appeal or request for reconsideration shall be made in writing and shall be served by

certified mail, return receipt requested, on the Secretary of the Skokomish Tribal Council

and on the Director.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.182

Notice of Appeal; Request for Reconsideration – Content

The appeal or request for a rehearing shall contain a brief description of the proposed

project, who made the decision appealed from and on what date, the specific reasons for

the appeal or request for rehearing, and the outcome for which the person is asking. The

notice shall list the names and addresses of any person who may be called as witnesses

in the hearing. The person shall include a telephone number and address where he or

she can be reached for notices.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.183

Stay Pending Appeal or Reconsideration

No activity may proceed until all reviews under this Section, including judicial review, are

concluded.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.184

Scheduling of Hearing – Notice

The Tribal Council shall schedule a hearing no fewer than seven (7) and no more than

45 calendar days from the date it receives the notice of appeal or request for rehearing,

unless the person requesting the hearing and the Council agree otherwise. The Council

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 21 OF 25

shall cause a notice of hearing to be mailed or delivered to the person and shall post a

notice to the Skokomish Tribal community in the places specified under S.T.C. 6.03.171.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.185

Hearing

The person requesting the appeal or reconsideration shall appear personally before the

Tribal Council and state why and how the decision should be changed. The Tribal

Council may hear the testimony of witnesses on both sides of the issue who have

information relevant to the appeal or reconsideration. The hearing shall be electronically

recorded where practicable.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.186

Decision of the Tribal Council on Appeal or Reconsideration

The Tribal Council may affirm, reverse, or modify the decision being considered.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.187

Appeal to Tribal Court

Any person who claims, in good faith, that the Skokomish Tribal Council made a mistake

in interpreting this Act or made a mistake in procedure under this Act that affected the

person's rights or interests shall have a right to appeal from the Tribal Council's decision

under this Section. The appeal shall be heard by the Skokomish Tribal Court under the

Rules of Appellate Procedure of the Rules of the Skokomish Tribal Court. These rules

shall be modified, for the purpose of appeals under this Act, to utilize one (1) trial court

judge in place of a panel of three (3) judges from the Skokomish Tribal Court of Appeals,

and to substitute "Tribal Council" in place of "trial court" and "Tribal Court." The Tribal

Court may reverse the Tribal Council decision only if:

(a) The decision was clearly erroneous in view of the entire record as submitted

and in light of the policies and goals of the Act; or

(b) The decision violated the Constitution of the Skokomish Indian Tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ARCHAEOLOGICAL OR HISTORICAL SITES

6.03.195

Purpose

This Section establishes policies and procedures to protect archaeological and historic

sites. The Skokomish Indian Reservation has been a place of habitation and use by

Skokomish Indians for thousands of years. This long history means that the Reservation

has many places, no longer discernible to the untrained eye, that were once sites of

homes, villages, fishing camps, ceremonies, and other uses. The historical and cultural

information obtainable from a professional archaeological examination of such sites is an

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 22 OF 25

invaluable and irreplaceable source of Tribal history. The discovery of this type of

knowledge enriches all people in this region. Violation of the following policies or

procedures resulting in destruction of or damage to this heritage is considered an

extremely serious offense and the maximum sanctions allowable will be imposed.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.196

Policies Regarding Archaeological and Historic Sites

(a) Any application for a permit under this Act may be required to be reviewed by

a professional archaeologist to determine whether the proposal poses any

danger to known archaeological sites. A literature search shall be required in

addition to a check of known or registered sites. The expense of such review

shall be borne by the applicant.

(b) If evidence of an archaeological site is unearthed during the construction of a

project for which a permit has been issued, the project developer and/or the

persons involved in construction must cease work and notify the Director and

the Tribal Historical Preservation Officer immediately.

any construction, earthmoving, or excavation work on the Reservation.

(d) The Tribe hereby reserves the right to halt construction of a project for up to

120 days if it deems that an archaeological site of importance to the Tribe

may have been unearthed. During the 120 days, the Tribe must begin

professional examination of the site to determine the significance. Extensions

of the 120 day period will be allowed if needed to complete the work. The

Tribe may condition the permit for the project after the discovery of the site

and require a professional archaeological excavation or require modification

of the activity to preserve the site. The expense of such examination and any

excavation or modification of the activity shall be borne by the applicant.

(e) Applicants may be required to post a deposit with the Tribe of up to $5,000 to

insure that notification of any archaeological evidence is made to the Tribe.

The deposit is fully refundable if no archaeological site is unearthed, but will

be forfeited if violation of these policies occurs.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.197

Failure to Comply with Archaeological and Historic Sites Policies

(a) The following actions are violations of this Ordinance:

(1) Failure to notify the Director or the Tribal Historic Preservation Officer

when a cultural resource has been located and unearthed;

(2) Failure to halt construction on any site where a cultural resource has

been located or unearthed;

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 23 OF 25

(3) Digging, excavating, filling, or removal of artifacts or any other

materials, including soil, sand and gravel without the express written

approval of the Director and of the Tribal Historic Preservation Officer;

(4) Allowing the digging, excavating, filling, or removal of artifacts or any

other materials, including soil, sand and gravel without the express

written approval of the Director and of the Tribal Historic Preservation

Officer; and

(5) Injuring, defacing or destroying of any cultural resource

(b) Any person who commits one of the violations listed in this section shall be

issued a written notice of violation and subject to the enforcement provisions

stated in S.T.C. 6.03.200 through S.T.C. 6.03.205.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

ENFORCEMENT

6.03.200

Failure to Obtain and Comply with Permit

(a) Failure to Obtain a Permit. Any person who fails to obtain a permit required

under this Act shall be issued a notice of violation, which may include an

order to cease and desist (stop work order).

(b) Failure to Comply with Permit. Any person who fails to comply with the terms

of a permit under this Act shall be issued a written notice of violation, which

may include an order to cease and desist (stop work order).

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.201

Notice of Violation

The notice of violation shall describe the specific violation, the amount of the monetary

penalty and, if applicable, shall order the violation to cease and desist or, in appropriate

cases, require corrective action to be taken within a specific and reasonable time. The

notice shall be given to the person directly or by certified mail with return receipt

requested.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.202

Civil Penalty

The civil penalty for failure to conform to the terms of a permit or for proceeding with an

activity without a permit, as required under this Act, is a fine not to exceed $5,000 for

each violation. Each permit violation or each day of continued activity without a required

permit shall constitute a separate violation.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

PAGE 24 OF 25

6.03.203

Appeal from Penalty

Within 30 days after the notice is received, the person incurring the penalty may apply in

writing to the Director to request that the penalty be reduced. The person must show

good faith in complying with Act since the time the notice was received in order to have

his or her request to reduce the penalty considered. The person may appeal the

Director’s decision to the Skokomish Tribal Council pursuant to the procedures in S.T.C.

6.03.180 through S.T.C. 6.03.186. The decision of the Tribal Council is final for the

Tribe.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.204

Enforcement of Penalty in Court

The Tribe may enforce its order to cease and desist and its assessment of a penalty in

the Tribal Court. The Tribe may request the Court to enter an injunction against the

continued activity, to order payment of the fine, and to order other remedies where

appropriate. Failure of any person to abide by the lawful order of the Skokomish Tribal

Court is punishable by civil and criminal contempt of court proceedings.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

6.03.205

Money Damages for Violation

Any person subject to this Act who violates any provision of this Act or permit issued

under this Act shall be liable for all damage to property located within the Skokomish

Indian Reservation resulting from such violation. Individual members of the Skokomish

Tribal community and the Skokomish Indian Tribe may bring suit in the Skokomish Tribal

Court for damages they have incurred as a result of the violation under this section. If

liability is established and the Court orders restoration of the area effected, the Court

shall make provision to assure that restoration is accomplished within a reasonable time

and at the sole expense of the violator. The Court may order money damages, costs of

the suit, and attorneys’ fees to the prevailing party. Appeal from such a suit shall be

brought in the Skokomish Court of Appeals. Failure of any person to abide by the lawful

order of the Skokomish Tribal Court or Court of Appeals is punishable by civil and

criminal contempt of court proceedings.

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

Legislative History prior to July 5, 2017

+Adopted by Resolution No. 88-22 (March 31, 1988)

Amended by Resolution No. 01-83 (June 27, 2001)

Amended by Resolution No. 16-043 (March 2, 2016)

Reaffirmed by Resolution No. 17-100 (July 5, 2017)

+Ordinance and/or amendments not attached to the resolution in the Skokomish Tribal