Bad River Band of the Lake Superior Chippewa Indians Law Library
Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

3.11.030 Purposes

It is the policy of the Bad River Tribe to require planning to avoid or minimize damage to wetlands; to require that activities not dependent upon wetland location be located at upland sites; to allow wetland losses only where all practical measures to avoid and minimize have been applied; to reduce losses from activities that are unavoidable and in the public interest; and to provide for the protection of wetlands under existing and additional ordinances adopted by the Tribe including management regulations, storm water management regulations, floodplain zoning; and to establish standards and procedures for the review and regulation of the use of wetlands and watercourses and the establishment of penalties for the violation of this ordinance.

Furthermore, such development activities shall not threaten Tribal or public safety or cause nuisances by:

(a) Restricting flood flows, destroying flood storage areas, or destroying storm barriers, thereby raising flood heights or velocities on other land and increasing flood damages;

(b) Causing water pollution through any means including location of wastewater disposal systems in wet soil; unauthorized application of pesticides, and herbicides; disposal of solid wastes or storm water runoff at inappropriate sites; or the creation of unstabilized fills;

(c) Increasing erosion; or

(d) Increasing runoff of sediment and stormwater.

In addition, it is the policy of the Bad River Tribe that activities in or affecting wetlands do not destroy natural wetland functions and values important to the general welfare by:

(e) Decreasing breeding, spawning, nesting, wintering, feeding, or other critical habitat for any fish or wildlife, including rare, threatened, and endangered plant and animal species and commercially and recreationally important wildlife;

(f) Interfering with the exchange of nutrients needed by fish and other forms of wildlife;

(g) Decreasing groundwater recharge;

(h) Destroying sites needed for education and scientific research;

(i) Interfering with Tribal rights for hunting, fishing, trapping, ricing, and cultural and ceremonial/spiritual uses;

(j) Interfering with other activities such as; boating, hiking, birdwatching, photography, and camping; and

(k) Destroying aesthetic and property values.