3.11.160 Permit Standards and Criteria

The Bad River Natural Resource Department and the Wetland Ordinance Administrator in making a recommendation with respect to a permit application shall consider the following standards and criteria:

(a) A permit shall be issued only if the proposed project or activity is in the Tribal interest and is otherwise lawful in all respects.

(b) In determining whether the activity is in the Tribal interest, the benefit which would reasonably be expected to accrue from the proposal shall be balanced against the reasonable foreseeable detriments of the activity, taking into consideration the tribal, local, state and national concern for the protection and preservation of natural resources from pollution, impairment and/or destruction. The following general factors and criteria shall be considered:

(1) The activity is water-dependent or requires access to the wetland as a central element of its basic function, or is not water-dependent but has no practical upland-only alternative;

(2) The availability of feasible and prudent alternative methods and location, other than the project as-proposed, to achieve the expected benefits from the activity;

(3) The extent and permanence of the beneficial or detrimental effects which the proposed activity may have on the tribal, public and private use to which the area is suited, including the benefits the protected wetland provides.

(4) Tribal, public and private economic value of the proposed land change to the general area;

(5) The probable effect on ecological or recreational values and on the public, fish, plant or wildlife health;

(6) The probable effect of the proposal in relation to the cumulative effect created by other existing and anticipated activities in the watershed;

(7) The probable effect on recognized historic, cultural, and spiritual values;

(8) The size and quality of the protected wetland being considered;

(9) The amount and quality of remaining wetland in the watershed should the project be implemented;

(10) Proximity to any waterway;

(11) Extent to which upland soil erosion adjacent to protected wetlands or drainage ways is controlled should the project be implemented; and

(12) Findings of necessity for the proposed project which have been made by Tribal Council and/or federal agencies.

(1) Disturbance of aquatic resources will be avoided then minimized to the extent practicable;

(2) The proposed activity is primarily dependent upon being located in the protected wetland;

(3) A less damaging feasible alternative does not exist; and

(4) The proposed activity will result in the minimum negative effect upon protected wetlands, watercourses, and attendant natural resources, which shall include, but not be limited to:

(A) Minimum feasible alteration or impairment to the wetlands functions and existing contour, vegetation, fish and wildlife resources, and hydrological conditions;

(B) Critical habitat protection for any species that appears on tribal, federal or State of Wisconsin endangered species lists;

(D) Compliance with all applicable tribal, state, local, and federal laws, including those related to sediment control, pollution control, floodplain zoning, and on- site wastewater disposal;

(E) Compliance with other standards contained in the ordinance, including those pertaining to wetland creation, restoration, and preservation as required; and

(F) No overall net loss of wetland area or function.

(d) A request for a permit in a buffer area for erosion control structures, storm water management facilities, and water-dependent structures shall be approved, provided that the flow of water is not diverted from protected wetlands and that excessive siltation does not occur in the protected wetlands. The use of the buffer area for other permanent structures, earth-moving activities or other uses shall only be approved in accordance with the standards and criteria contained in this Section.

(e) The permit shall be issued only if the proposed project or activity will provide a wetland buffer area of not less than that described in the wetland mitigation plan between the wetland and upland activities for those portions of a regulated activity that need not be conducted in the wetland.

(f) Requirements in this ordinance for protection and use of the buffer area shall supersede all zoning district setbacks for front, rear and side yards where such setbacks are less than fifty (50) feet from the property line.