3.11.260 Appeals Standards

Both the Tribal Trial Court and the Tribal Appellate Court shall assemble and examine all facts pertaining to the appeal. The appeals hearing shall be open to the public, and each decision shall be in accord with the following standards:

(a) The applicant has no practicable alternative to the proposed activity;

(b) The applicant's site plan shows a significant attempt to preserve and protect the wetland;

(c) The decision is based on proper procedures as specified in the ordinance, and is supported by competent evidence on the record; and

(d) The decision would not result in a violation of Tribal or federal law or of the constitution of the Tribe or United States of America.