3.11.080 Exempt Activities

Notwithstanding the prohibitions of Section 3.11.070, the following activities are permitted within watercourses or protected wetlands without a permit, unless otherwise prohibited by any other ordinance or other Tribal law:

(a) Fishing, hunting, fishing, harvesting, cultural, swimming, boating (see attached Slow-No- Wake Ordinance in Appendix C), canoeing, hiking, horseback riding, bird-watching, or other similar recreational activities which do not require extensive alteration of wetland vegetation or grading of soils.

(b) Harvesting of wild plants in a manner that is not injurious to natural reproduction of such plants and provided the harvesting does not require alteration of the wetland by changing existing wetland water conditions or sources, tilling of soil, or planting of crops, and is not otherwise illegal;

(c) Grazing and/or watering of animals: provided that the activity is conducted using best management practices to ensure that flow and circulation patterns, and chemical and biological characteristics of wetlands are not impaired and that any adverse effect on the aquatic environment will be minimized.

(d) The continued production of agricultural crops on lands that have been in agricultural use prior to the effective date of this ordinance unless these practices cause environmental damage, in which case best management practices will be required to minimize environmental degradation. New conversion of wetlands for agricultural use is not exempted under this ordinance. Existing ditches, roads and culverts may be maintained to and not exceed the original constructed dimensions.

(e) Uses outlined below require submitting plans to the Wetlands Ordinance Administrator for review and comment but shall be exempt provided that the work is conducted using best management practices to ensure that flow and circulation patterns, and chemical and biological characteristics of wetlands are not impaired and that any adverse effect on the aquatic environment will be minimized.

(1) Installation for noncommercial use of temporary seasonal docks, rafts, diving platforms and other recreational devices customarily used for residential purposes. Written notice to the Wetlands Ordinance Administrator is required fifteen (15) prior to the commencement of work to be conducted in wetlands under this exemption.

(2) Maintenance or improvement of public streets, highways, or roads, within the original right of way that is designed to ensure that any adverse effect on the wetland will be minimized. Existing ditches, roads and culverts may be maintained to and not exceed the original constructed dimensions. Maintenance or improvement does not include adding extra lanes, increasing right of way, or deviating from the existing location of the street, highway, or road. Written notice to the Wetlands Ordinance Administrator is required fifteen (15) days prior to the commencement of work to be conducted in wetlands under this exemption.

(3) Maintenance or repair of lawfully located structures and facilities used in the service of the public to provide electric, gas, water, telephone, telegraph, telecommunication, storm water conveyance or other services, provided that the work is conducted using best management practices and does not increase the overall footprint. Written notice to the Wetlands Ordinance Administrator is required fifteen (15) days prior to the commencement of work to be conducted in wetlands under this exemption.

(4) Maintenance or repair of existing drainage, irrigation systems, or access roads necessary for the cultivation of agricultural crops, provided that the maintenance or repair activity does not result in additional impairment, alteration, or loss of wetlands beyond the impacts of the original project. Written notice to the Wetlands Ordinance Administrator is required fifteen (15) days prior to the commencement of work to be conducted in wetlands under this exemption.

(5) Forestry practices including the thinning and harvesting of timber. The Wetlands Ordinance Administrator will require that forestry activities be conducted in accordance with the Bad River Integrated Resource Management Plan which incorporates best management practices. If he/she determines that ongoing or proposed forestry activities are likely to have a significant impact on wildlife, the protection of water quality, or other functions of wetlands as described in this ordinance, the Wetland Ordinance Administrator shall specifically request in writing that the landowner provide a forest management plan, including a site specific timber harvest prescription for each project. The landowner shall provide a plan that protects the range of wetland functions present at the particular site. Existing ditches, roads and culverts may be maintained to and not exceed the original constructed dimensions.

(f) Excavation and filling of no more than fifty (50) cubic yards of material if necessary for the repair or maintenance of bridges and other existing structures, provided that such structures allow for the unobstructed flow of water, including fish passage, and preserve the natural contour of protected wetlands, except as authorized by permit.

(g) Improvement or maintenance of the river(s) or their tributaries when such operations are organized or sponsored by the Bad River Tribe and are specifically intended to preserve natural resources. Such permitted activities shall include, but not be limited to:

(1) Removal of materials which may cause diverted flows and bank erosion, including the removal of trees, brush, and debris;

(2) Bank stabilization projects which require minimal disturbance of existing conditions;

(3) Wildlife and aquatic habitat improvement projects; and

(4) Removal of beaver dams.