# SKOKOMISH ENVIRONMENTAL PROTECTION ACT

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Askokomish%3Ac4a52c2d6f74ef86

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

SKOKOMISH ENVIRONMENTAL PROTECTION ACT

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FINDINGS, PURPOSE, GOALS (REPEALED BY RESOLUTION No. 16-43 (March 2,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Findings (REPEALED BY RESOLUTION No. 16-43 (March 2,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Purpose (REPEALED BY RESOLUTION No. 16-43 (March 2,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Goals (REPEALED BY RESOLUTION No. 16-43 (March 2,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DEFINITIONS (REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))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Definitions (REPEALED BY RESOLUTION No. 16-43 (March 2,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Time Limits – Exceptions (REPEALED BY RESOLUTION No.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PERMITS REQUIRED (REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))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Permit Required for Certain Activities (REPEALED BY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Exceptions to Permit Requirement (REPEALED BY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“Grandfathered” Activities (REPEALED BY RESOLUTION No.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Permit Application, Environmental Checklist (REPEALED BY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Filing (REPEALED BY RESOLUTION No. 16-43 (March 2,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REVIEW OF APPLICATION (REPEALED BY RESOLUTION No. 16-43 (March 2,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Review of Permit Application and Checklist (REPEALED BY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Initial Notice to Applicant (REPEALED BY RESOLUTION No.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(REPEALED BY RESOLUTION No. 16-43 (March 2, 2016))
ENVIRONMENTAL REVIEW (REPEALED BY RESOLUTION No. 16-43 (March 2,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Environmental Review – Generally (REPEALED BY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“Significantly Affecting the Environment” (REPEALED BY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Finding of No Significant Impact (REPEALED BY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Cultural Values and Community Aesthetics (REPEALED BY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Tribal Council Decision (REPEALED BY RESOLUTION No. 1643 (March 2, 2016))
Conditional Permits (REPEALED BY RESOLUTION No. 16-43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.
(c) The Skokomish Tribal Council concurs with federal and state legislation and
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.
(c) “Department” means the Skokomish Department of Natural Resources.
(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;
(c) Conduct of a business operation;
(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;
(c) Business conducted in the home, except where construction is required; and
(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?
(c) Have the environmental review criteria been met? Does the proposed activity
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.
(c) The Director has determined there may be a significant impact to the
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

(c) The determination of whether a proposed activity will significantly impact the
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.
(c) Purpose and Need Statement. A statement briefly specifying the underlying
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.
(c) The Tribe reserves the right to conduct its own archaeological inspection of
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
Archives
S.T.C. 6.03

SKOKOMISH ENVIRONMENTAL PROTECTION ACT
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Askokomish%3Ac4a52c2d6f74ef86. Public record. Not legal advice.