The Tulalip Tribes, by this title, does hereby assert and exercise its jurisdiction, to the fullest extent of the law, over the uses of lands located within the exterior boundaries of the Tulalip Reservation and certain lands owned by the Tulalip Tribes outside the exterior Reservation boundaries, and does impose upon said lands for the foregoing land use controls that may be hereafter promulgated pursuant to the administrative provisions of this title and the powers hereby granted and vested in those Tribal officials, committees, and bodies hereinafter established.
(Res. 2023-382)
This title is enacted for the purpose and with the intent to safeguard and promote the peace, health, safety and general welfare of the Tulalip Reservation and its people; to ensure adequate land supply for future generations through careful planning and zoning; to discourage land development in areas that pose a potential threat to public health and the Reservation’s waters, fisheries and shellfish resources; to promote and preserve the unique Indian character, identity and culture of the Tulalip Indian Reservation as the Tribes’ permanent homeland; to balance the need for housing, economic development, and resource lands for current and future generations; to provide for the orderly use of the Reservation’s lands; to provide landowners with consistent standards for Reservation land use activities by providing certainty and stability in land use decision-making; to provide access to recreational opportunities; to mitigate the impacts of climate change; and to protect and enhance the natural beauty and resources of the Tulalip Reservation.
(Res. 2023-382)
(1) 
Preparation of Official Controls. The Planning Commission may, or, if so requested by the Board, shall prepare or update official controls, which, when approved by the Board, will further the objectives and goals of the Comprehensive Plan. The Commission may also draft such regulations, programs, or legislation as may, in its judgment, be required to preserve the integrity of the Comprehensive Plan and assure its systematic execution and which shall be presented to the Board for its consideration and approval if it so deems such to be in the public welfare.
(2) 
Form. Official controls may include:
(a) 
The Comprehensive Plan;
(b) 
Zoning and land use regulations; and
(c) 
Maps showing the boundaries of zones within each of which separate controls over the type and degree of permissible land used are defined.
(3) 
Amendments to Official Controls. Procedures for adopting or amending official controls are found in Chapter 7.06 TTC, Permit Processing, and Chapter 7.18 TTC, Legislative Actions.
(Res. 2023-382)
(1) 
Traditional and Cultural Buildings and Activities. Consistent with the provisions of the Tribes’ Constitution and Bylaws, and with the Tribes’ desire to preserve the tradition and culture of the Tribes, nothing in this title shall prohibit Tribal members from using their lands in a manner that is consistent with the Tribes’ tradition, culture, and history.
(2) 
Immunity. The sovereign immunity of the Tulalip Tribes is not in any way waived or limited by this title, or by any civil suit commenced pursuant to this title. Such sovereign immunity shall extend to the Tribes, its Board of Directors, and all Tribal officials, employees, staff, and agents, as to all actions taken in, or concerning, the administration or enforcement of this title, and as to all actions taken pursuant to authority of any Tribal Court order authorized by this title.
(Res. 2023-382)
(1) 
Liberal Construction. The provisions of this title shall be liberally construed to further the purposes hereof.
(2) 
Inconsistency or Conflict. Where any terms or requirements of this title may be inconsistent or conflicting internally or with any other titles or regulations, the more restrictive requirements or interpretation shall apply.
(3) 
Cross-Referencing. Cross-references are for reference or explanation only and are not deemed to govern.
(4) 
Obligation. The word “shall” is mandatory; the word “may” is discretionary.
(5) 
Executing Interpretations. Interpretations shall be issued by the Executive Director.
(Res. 2023-382)
If any part of this title is declared void or unenforceable by a court of competent jurisdiction, the remaining provisions of this title shall not be impaired and shall continue in full force and effect.
(Res. 2023-382)
(1) 
Required Elements. The Comprehensive Plan shall consist of a map or maps, and descriptive text covering goals, objectives, principles and standards used to formulate it, and shall include each of the following elements:
(a) 
A land use element which designates the proposed general distribution and general location and extent of the uses of land for resource lands, housing, commerce, industry, recreation, education, institutional uses, and other categories of public and private use of land, including a statement of the standards of population density and building intensity recommended for the various areas within the aforesaid exterior boundaries and estimates of future population growth in the area covered by the Comprehensive Plan, all correlated with the land use element of the Comprehensive Plan;
(b) 
A circulation element consisting of the general location, alignment and extent of major thoroughfares, major transportation routes, trunk utility lines and major terminal facilities, all of which shall be correlated with the land use element of the Comprehensive Plan;
(c) 
Any supporting maps, diagrams, charts, descriptive material and reports necessary to explain and supplement the above elements;
(d) 
An element for the conservation, development and utilization of natural resources, including shorelines, forests, watersheds, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources.
(e) 
When the Comprehensive Plan containing the aforesaid mandatory subjects shall have been approved by a motion of the Board and certified, it may thereafter be progressively amplified and augmented in scope by expanding and increasing the general provisions and proposals for all or any one of the aforesaid required elements and by adding provisions and proposals for optional elements set forth in subsection (2) of this section, Optional Elements. The Comprehensive Plan may also be amplified and augmented in scope by progressively including more completely planned areas consisting of natural homogeneous communities, distinctive geographic areas, or other types of districts having unified interests within the total area of the Reservation. In no case shall the Comprehensive Plan, whether in its entirety, or area by area, or subject by subject, be considered to be other than in such form as to serve as a guide to the later development and adoption of official controls and actual zoning.
(2) 
Optional Elements. A Comprehensive Plan may include:
(a) 
A recreation element showing a comprehensive system of areas and public sites for recreation, natural reservation, parks, parkways, beaches, playgrounds and other recreational facilities and uses, including their locations and proposed development.
(b) 
A transportation element showing a comprehensive system of transportation, including general locations of rights-of-way, terminals, port, harbor, aviation and related facilities.
(c) 
A public services and facilities element showing general plans for sewerage, refuse disposal, drainage and local utilities and rights-of-way easements and facilities for said services.
(d) 
A public buildings element showing general locations, design and arrangement of Tribal and community centers and locations of public schools, police and fire stations, and other public buildings.
(e) 
A housing element consisting of surveys and reports on housing conditions and needs as a means of establishing housing standards to be used as a guide in dealing with official controls related to land subdivision, zoning, traffic and other related matters.
(f) 
Such additional elements and studies dealing with other subjects which, in the Planning Commission’s judgment, relate to the physical development of the Reservation.
(3) 
Coordination of Plans. During updates to the Comprehensive Plan and especially in updating a specialized element of such plan, the Tribe may coordinate to the extent it deems necessary with other authorities, departments or agencies of Federal, State or local government having jurisdiction over areas adjoining and in the vicinity to the exterior boundaries of the Tulalip Indian Reservation but outside thereof, all being to the end that maximum correlation and coordination of plans may be secured and properly located sites for all public purposes may be indicated on the Comprehensive Plan and accommodated as best may be.
(4) 
Conformance With the Comprehensive Plan. The Comprehensive Plan shall be used as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or private, as to its purpose, location, form, alignment and timing. The report or recommendation shall indicate wherein the proposed project does or does not conform to the purpose of the Comprehensive Plan and may include proposals, which, if effected, would make the project conform. Similarly, the Comprehensive Plan will be the guidance for establishing zoning and official controls.
(5) 
Amendments. Amendments may be made to the Comprehensive Plan as provided in Chapter 7.18 TTC, Legislative Actions.
(Res. 2023-382)
(1) 
Compliance and consistency shall be maintained with the Tribal Code of Law and all adopted Tulalip Tribes ordinances.
(2) 
Any permit issued by the Tulalip Tribes addresses requirements for compliance with Tulalip Tribal laws but makes no representation regarding any additional requirements imposed by any other jurisdiction or government, including Snohomish County, and it is the applicant’s sole responsibility to comply with any applicable law of any other jurisdiction.
(3) 
Land uses in Quil Ceda Village Zones may also be subject to Quil Ceda Village Design Guidelines and requirements of the lease.
(4) 
All permits issued under this title shall be in compliance with Chapter 8.30 TTC, Tidelands Management Policies. Chapter 8.30 TTC shall control in cases of conflict between this title and Chapter 8.30 TTC.
(5) 
Permits issued under this title for surface mining shall be in compliance with Chapter 8.35 TTC, Surface Mining. Chapter 8.35 TTC shall control in cases of conflict between this title and Chapter 8.35 TTC.
(Res. 2023-382)