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

3.11.180 Permit Conditions. Whenever the Wetlands Ordinance Administrator Approves the Issuance of a Permit, the Bad River Natural Resources Department, the Tribal Council or the Wetlands Ordinance Administrator Shall:

(a) Attach any reasonable conditions considered necessary to insure that the intent of this ordinance will be fulfilled, to minimize or mitigate damage or impairment to, encroachment in or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. Such conditions may include but are not limited to:

(1) Limitations on minimum lot size for any regulated activity;

(2) Requirements on structures to be elevated on piles and otherwise protected against natural hazards;

(3) Modification of waste disposal and water supply facilities;

(4) Imposition of operational control, sureties, and deed restrictions concerning future use and subdivision of vegetation removal;

(5) Dedication of easements or other perpetual conservation restrictions to protect wetlands;

(6) Establishment and maintenance of vegetated buffer zones separating and protecting the wetland from proposed activities;

(7) Erosion control and stormwater management measures;

(8) Setbacks for structures;

(9) Limitations on the amount of fill material, and requirements that fill material must be free of contamination;

(10) Modification in project design to ensure continued water supply to the wetland and circulation of water in the wetland system;

(11) Development of a plan to guide actions involving the creation of a new wetland or the restoration of a damaged or degraded wetland. Applicable Tribal or federal standards must be followed if creation or restoration projects are proposed; and

(12) Any conditions related to wetland mitigations shall follow the provisions of Sections 3.11.160, 3.11.170, 3.11.200, and 3.11.210 of this ordinance.

(b) Fix a reasonable time to complete the proposed activities.

(c) Require the applicant to file with the Bad River Tribe cash or corporate surety bond or irrevocable bank letter of credit in an amount, if any, determined necessary to insure compliance with the permit approval conditions and this ordinance.

(d) Require that final approval of a permit application shall be contingent upon receipt of evidence by the Bad River Tribe that required federal permits, if any, have been obtained by the applicant.