In addition to the land use regulations in Article I, the following regulations shall apply to that portion of the Menominee trust lands located in Kenosha, Wisconsin, that is within 300 feet of the ordinary high-water mark of a river or stream ("shoreland"), as defined on Exhibit "A" attached hereto and incorporated herein by reference.[1]
[1]
Editor's Note: Exhibit "A" is on file at the
office of the Administrative Manager.
[Amended 2-3-2005]
The cutting of trees and shrubbery shall be
regulated to protect natural beauty, control erosion and reduce the
flow of effluents, sediments and nutrients from the shorelands. In
the strip of land 35 feet wide inland from the ordinary high-water
mark, no more than 30 feet in any 100 feet (30%) shall be clear-cut.
In shoreland areas more than 35 feet inland, tree and shrubbery cutting
shall be governed by the consideration of the effect on water quality
and consideration of sound forestry practices and soil conservation
practices. The tree and shrubbery cutting regulations required by
this section shall not apply to the removal of dead, diseased or dying
trees or shrubbery. Paths and trails shall not exceed 10 feet in width
and shall be so designed and constructed as to result in the least
removal and disruption of shoreland cover and the minimum impairment
of natural beauty.
Withdrawal of water from any river or stream is prohibited. No activities, other than those listed in § 594-33 above, shall be allowed within 75 feet of the ordinary high-water mark of any stream or river. Within the remainder of the shorelands, all activities shall comply with § 594-35 of this article.
The Community Development Department of the
Menominee Indian Tribe, or any other department or entity granted
regulatory power to enforce this article by the Menominee Tribal Legislature
("Department"), may issue a stipulated shoreland permit for earthmoving
or erection of structures, including utilities, in the shorelands,
provided that the use shall not be susceptible to flooding, concentrated
runoff, inadequate drainage, adverse soil and topographic conditions
or any other features likely to be harmful to the environment or the
public interest. Where it is proposed that a stipulated shoreland
permit be issued, the Department shall transmit to adjacent property
owners within 200 feet of the trust lands, the City and County of
Kenosha, and to the Department of Natural Resources a copy of the
permit application together with a list of proposed stipulations prepared
by the Department. The adjacent property owners, City and County of
Kenosha, and Department of Natural Resources shall have 45 days from
receipt of the application to recommend to the Department that additional
stipulations be imposed on the application. The Department shall not
issue the stipulated shoreland permit until the applicant agrees to
the stipulations and such stipulated shoreland permit is filed and
recorded in the office of the Register of Deeds for Kenosha County.
The Department shall notify the Wisconsin Department of Natural Resources
of the issuance of all stipulated shoreland permits. All stipulated
shoreland permits shall be granted or denied within 60 days after
application, unless the time is extended by mutual agreement. The
applicant shall post any permit granted in a conspicuous place at
the site. Any permit issued in conflict with the provisions of this
article shall be null and void.
The use of any shorelands shall be conducted
in accordance with the provisions of Ch. NR 115, Wis. Adm. Code. Any
reference in that chapter to state or local officials shall be deemed
a reference to a comparable tribal official. If there is a conflict
between the terms of this article and the terms of that chapter, the
terms of this article shall govern.
[Amended 2-3-2005]
Any person who fails to comply with the provisions
of this article or any order of the Department issued in accordance
with this article shall, upon conviction thereof, forfeit not less
than $100 or more than $1,000 for each day the violation continues
and pay the cost of prosecution for each violation, including court
costs and reasonable attorney fees.
This article shall be administered by the Department or any other entity designated by the Menominee Tribal Legislature. The Menominee Tribal Attorney, Menominee Tribal Prosecutor, or other officer designated by the Menominee Tribal Legislature, in coordination with the Department, shall enforce these provisions. In addition to seeking penalties listed in § 594-37 of this article, persons enforcing this article may seek injunctive relief from Tribal Court.
