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

3.11.110 Rules for Interpretation of Wetland Delineation Boundaries

The determination of the boundaries of the wetland delineation shall be determined through a field review by a person who has received training and has two (2) years of documented experience in wetland delineation, if warranted. The wetland field determination shall be the responsibility of the applicant. The Wetland Inventory Map is to be used as a guide to the general location of wetlands. The applicant is required under Section 3.11.120(b) of this ordinance to show a Wetland Delineation boundary on a scaled drawing submitted as part of the permit application. Wetland delineations shall be performed in accordance with the procedures specified in the 1987 Corps of Engineers Wetland Delineation Manual and any subsequent amendments. Evidence documenting the results of the boundary survey as well as course completion certificate and documented wetland delineation experience may be required by the Wetlands Ordinance Administrator.

Where the Wetlands Ordinance Administrator performs a wetland determination at the request of the applicant, it shall be considered a final determination. Where the applicant has provided a determination of the wetland boundary, the Wetlands Ordinance Administrator shall verify the accuracy of, and may render adjustments to, the boundary delineation. In the event the adjusted boundary delineation is contested by the applicant, the Wetlands Ordinance Administrator shall, at the applicant's expense, obtain competent expert services to render a final delineation to the Wetlands Ordinance Administrator for final decision. The Wetlands Ordinance Administrator may use remote sensing, hydrology, soils, plant species, and other data, and consult with biologists, hydrologists, soil scientists, or other experts as needed to perform a final wetland determination. The applicant shall be charged for costs incurred.