The following general standards apply to proposed activities under this title:
(a) 
No Harm to Human Health. No activity shall occur in a manner which harms or poses a significant threat of harm to human health.
(b) 
Natural Character Preserved. All development shall be consistent with the natural characteristics and ecological systems of the Reservation. Development in sensitive areas, such as streams, wetlands, marine shorelines, steeply sloped land, flood plains, erosion hazard areas and wetlands, if allowed, shall have only a minimum level of impact upon the functioning of the natural systems.
(c) 
Natural Buffers. There shall be undisturbed, natural, vegetated buffers left adjacent to rivers, streams, and wetlands, marine shorelines, flood plains, and erosion hazard areas. No construction, accessory uses septic tanks, or agriculture is allowed in the buffer. No timber harvesting is permitted within the buffer, except that trees which have naturally fallen across the waterway may be removed, provided prior authorization is obtained from the Tribe, through the Planning Director. A buffer of 150 feet shall remain adjacent to all fish bearing streams, including Shipbuilders at The Bars, Little Boston, and Middle creeks. A buffer of 100 feet shall remain adjacent to all non-fish bearing perennial streams. A buffer of 50 feet shall remain adjacent to all non-fish bearing seasonal streams and all mapped and unmapped wetlands. The Tribe may increase or decrease the size of a buffer for a particular activity in order to meet other goals, purposes, and standards of this title, or other applicable law. Buffers shall be measured landward from the ordinary high water mark. Buffers shall be left on both sides of the waterway.
(d) 
No Interference with Fishing and Shellfishing Rights. No activity shall occur in a manner which causes interference with the exercise of Port Gamble S’Klallam treaty fishing and shellfishing rights. No activity shall block or impede the free movement of fish and shellfish.
(e) 
Culturally Significant Plant Materials. Activities shall be located, designed, constructed, and operated in a manner which minimizes adverse affects on culturally significant plant materials including but not limited to plants used in S’Klallam medicine, basketry, food plants and plants used for ceremonial purposes.
(f) 
Water Quality/Fish and Wildlife Quality. Activities shall be located, designed, constructed, and operated in a manner which minimizes adverse affects on fish, shellfish, wildlife, wildlife habitat, water quality, water quantity, and existing shore and stream processes.
(g) 
Marine Bluff Setback. Structures or activities that are not marine shoreline dependent shall be located inland, at least 150 feet from the mean high water level or at a distance equal to the height of the shoreline bluff, whichever is greater.
(h) 
Disposal and Recycling. All wastes and refuse from any activity shall be properly disposed of and should be recycled when practicable.
(i) 
Point Julia Development and Flood-Proofing. All proposed development on Point Julia shall be reviewed on a case by case basis. Any new design shall make use of existing filled areas in order to protect area wetlands when practicable. Structures on Point Julia shall be constructed to withstand periodic flooding.
(j) 
Erosion and Runoff Control. Erosion control measures must be approved prior to issuance of a permit under this Act for any activity which would pose a risk of erosion during or after the activity. No earth, debris, wastes, or other chemicals resulting from the activity shall be allowed to enter streams, lakes, or marine waters. No activity shall contribute to foundation instability or mass soil movement.
(k) 
Use of Fill. There shall be no excavation or filling of stream channels, lakes, or wetlands, or alteration of stream courses unless required for a project which would enhance the biological productivity of the aquatic environment, in which case it will be a conditioned use.
(l) 
Clearing and Grading. Clearing and grading shall be limited to only that which is necessary to construction, and shall be performed so as to preserve as much of the natural topography (surface or form of the land) as possible.
(m) 
Sewage Disposal/Drinking Water. Any activity which requires sewage disposal or extraction of drinking water shall not result in erosion, mass movement of soil, contamination of groundwater, saltwater intrusion, or any other adverse impacts to the environment. The Tribe may require the applicant to submit a report of a licensed engineer to prove the absence of all adverse environmental impacts.
(Res. 04-A-053 6/8/2004)
An applicant may request waiver of the buffer or setback requirements outlined under the general standards section. Such waivers will be granted only at the discretion of the Planning Director, in consultation with the Natural Resources Department. To obtain a waiver, the applicant must demonstrate that there:
(a) 
Is no other alternative location for the proposed activity;
(b) 
Will be no adverse impacts to beach environment, neighboring property, wildlife habitat, fish and shellfish resulting from the proposed activity; and
(c) 
Is no historical pattern of erosion at the site of the proposed activity.
(Res. 04-A-053 6/8/2004)
(a) 
The surface water within the Protection Area as described in Exhibit A shall not be used for any drinking water or agricultural purposes. The groundwater underlying the Protection Area down to the depth of the Kitsap Formation (as shown in Figure 2) shall not be used for any drinking water or agricultural purposes. Groundwater below the upper boundary of the Kitsap Formation may be used for any purpose, but such groundwater shall not be accessed by a well located in the Protection Area.
(b) 
Within the Protection Area, no surface disturbances shall occur that would disturb any sampling locations used by the Landfill Parties or that would encounter groundwater and/or change the hydrology of the area.
(c) 
Tribal members may access the Protection Area for recreational and other activities, such as the gathering of plants for traditional and medicinal uses, provided that such activities do not include the restricted uses listed in paragraphs 1 and 2 above, or as may be imposed by Ecology.
In determining the protection area, "Exhibit C, Map of Protection Area" is incorporated by reference as a part of this code.
(Res. 11-A-131 10/11/2011 to reflect the Landfill Settlement Agreement requirements to codify institutional controls.)