3.11.140 Bad River Natural Resource Department Review

The Bad River Natural Resource Department shall process a permit application as follows:

(a) The Wetlands Ordinance Administrator will provide the initial processing and review of the permit application to verify that all required information has been provided. The Wetlands Ordinance Administrator will then coordinate a review period with the Bad River Natural Resources Department and other commenting reviewers within the Tribe. The applicant or the Bad River Tribal Council may request an administrative meeting to review the proposed activity in light of the purposes of this ordinance. This administrative meeting will also determine whether public notice and comment are required.

(b) Upon receipt of a complete application, the Wetlands Ordinance Administrator may conduct or authorize the completion of a field investigation to review and verify the accuracy of information received and during such review shall refer to the wetlands map. The receipt of a permit application shall comprise permission from the owner to complete an on-site investigation. If a proposed project affects protected wetlands, the Bad River Natural Resources Department review procedures shall be initiated upon receipt of a completed permit application.

(c) If a proposed project requires a wetland permit from the U.S. Army Corps of Engineers, the Bad River Natural Resources Department shall provide notification to the applicant that it has received the permit application. The Bad River Natural Resources Department may elect to defer consideration of the application until after the federal permits have been obtained.

(d) If the Bad River Natural Resources Department chooses to complete its review of a proposed use application prior to federal permit issuance, the Bad River Natural Resources Department shall coordinate field investigations with federal agency personnel.

(e) Plans for wetland mitigation shall not be considered unless and until the requirements of Sections 3.11.160, 3.11.170, 3.11.200, and 3.11.210 of this ordinance have been met.

(f) Until the Tribe has full regulatory authority under federal law to carry out all provisions of this ordinance, the Tribe will implement those procedures designated by the U.S. Army Corps of Engineers that coincide with the current federal permitting requirements leading to a federal permit application for Tribal members within the boundaries of the reservation. In addition, the requirements may include provisions stated in a memorandum of agreement with the U.S. Army Corps of Engineers for Tribal development projects.

(g) The Bad River Natural Resources Department shall issue a permit through the Wetland Ordinance Administrator if they determine that the proposed activity satisfies the wetland ordinance.