The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the Tulalip Tribes. These procedures are intended to:

Result in development that furthers Tribal goals as set forth in the comprehensive plan and enacts the purpose of the zoning designations;

Ensure that decisions are made consistently and predictably;

(c)

Eliminate redundancy and ambiguity in the application, permit review, and appeals processes; and

(d)

Promote timely and informed public participation.

(Res. 2023-382)

§ 7.06.010 General provisions.

(1)

The provisions of this chapter supersede all other procedural requirements that may exist in other titles, chapters, or sections of the Tulalip Tribes Code. When interpreting and applying the standards of this chapter, its provisions shall be the minimum requirements.

(2)

Permit Required. It shall be unlawful for any person to undertake any use or activity on the Tulalip Reservation without first obtaining and posting the appropriate permit as required by this title.

(3)

Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, or legal holiday designated by the Board, or any day when the Tribe’s offices are closed, then those days are not part of the calculation.

(4)

The Executive Director has the authority to determine the proper permit type for all permit applications or to modify the type of review required.

(5)

An application that involves two or more permit action types may be processed collectively under the highest numbered permit type required for any part of the application.

(6)

Applicants for any permit shall submit such forms, plans, statements, and documents as are reasonably required for evaluation of the proposal.

(7)

Decisions regarding legislative actions, such as amendments to the development regulations, Comprehensive Plan, or other official controls are addressed in Chapter 7.18 TTC, Legislative Actions.

(Res. 2023-382)

§ 7.06.020 Permit type – Descriptions.

(1)

Type I Permits (Administrative). Type I permits are over-the-counter permits that only require internal review by the Planning Department. Standard permit conditions predetermined by the Planning Department will apply to this type of work. The Executive Director may approve standard permit conditions but may not review or sign Type I permits.

(2)

Type II Permits (Administrative). Type II permits require both internal review by the Planning Department and review by technical advisors as determined by the Planning Manager. This review can add permit conditions beyond standardized conditions. Type II permit review generally includes minor modifications, maintenance, remodel, or restoration work. Type II review shall be used for uses or activities outside of any environmentally sensitive areas. The Executive Director will review and sign all Type II permits based on permit conditions recommended by the Planning Department.

(3)

Type III Permits (Administrative). Type III permits require both internal review by the Planning Department and interdepartmental review by the Permit Review Committee (PRC). Additional review by technical advisors may be included if deemed necessary. Departments may recommend specific permit conditions. Type III permit review generally includes new residential and commercial construction, demolition, signage, and tideland access. Type III review shall be used for any use or activity occurring in-stream or within wetlands or other environmentally sensitive areas. The Executive Director will review and sign all Type III permits based on permit conditions recommended by the Planning Department.

(4)

Type IV Permits (Administrative Conditional Use). In addition to the internal and interdepartmental review required for Type III permits, Type IV permits have limited noticing requirements (a Notice of Application) but do not require a public hearing. Findings shall be presented to the Planning Commission to review and provide comments. The Executive Director will review and sign all Type IV permits based on permit conditions recommended by the Planning Department. Provisions of TTC § 7.06.060, Conditional use criteria, must be met.

(5)

Type V(a) Permits (Conditional Use). In addition to the internal and interdepartmental review required for Type IV permits, Type V(a) permits require a public hearing, public noticing (Notice of Hearing) and a comment period. A staff report with findings shall be presented to the Planning Commission to make the final decision to approve, condition, or deny the proposal. Provisions of TTC § 7.06.060, Conditional use criteria, must be met.

(6)

Type V(b) Permits (Board Decisions). In addition to the internal and interdepartmental review required for Type IV permits, Type V(b) permits require a public hearing, public noticing (Notice of Hearing) and a comment period. A staff report with findings shall be presented to the Planning Commission to make a recommendation to the Board of Directors to approve, condition, or deny the proposal. An additional public hearing is required if the Board makes changes to the Planning Commission recommendation. These decisions will primarily be amendments to official controls, the comprehensive plan, and major subdivisions.

(Res. 2023-382)

§ 7.06.030 Permit type – Examples.

(1)

Examples of Permit Actions by Type. This list is intended to illustrate examples of permit activities and which permit category they typically are assigned. The list of permit activities may not be exhaustive. Where a permit activity has two Types indicated in the table below, see additional use-specific sections in this code for criteria used to determine which type to apply. The Executive Director has the discretion to change a review type if the nature of the project or its location includes sensitive or confidential information.

Permit Activity	Permit Category
	Administrative Decisions			Administrative Conditional Use	(a) Conditional Use (b) Board Decisions
	Type I	Type II	Type III	Type IV	Type V(a) or (b)
Residential Building and Uses
Building Permit			X
Mechanical Permit	X
Accessory Dwelling Unit (ADU)			X
Home Occupations			X	X
Short-Term Rentals			X
Commercial Building
Building Permit			X
Tenant Improvement		X	X
Mechanical Permit		X
Additional Uses noted in use tables 7.10.010, Allowed uses
Uses marked Administrative Conditional Use (AC)				X
Uses marked Conditional Use (C)					X(a)
Signs
Most Signs			X
Signs inside Quil Ceda Village (SPO – I) (Design Guidelines – II)	X	X
Billboard					X(a)
Digital Video Display Sign					X(a)
Sign Modification				X
Temporary Uses
Demolition		X	X
Special Event			X
Right-of-Way Work or Construction		X
Truck Hauling (On Reservation)		X
RV Storage License	X
Environmental or Resource Land Uses
Grading		X	X
Clearing		X	X
Work in Stream, Wetland, Lake, or Buffer			X
Tideland Access			X
Work on Tidelands			X
Restoration/Natural Resource Management Activity		X	X
Mining					X(a)
Land Planning
Variance				X
Boundary Line Adjustment		X
Minor Subdivision			X
Tribal Family Member Subdivision			X
Binding Site Plan					X(a)
Government Subdivision or PUD					X(b)
Major Subdivision					X(b)
Rezone					X(b)
Legislative Actions					X(b)

(Res. 2023-382)

§ 7.06.040 Permit type: review procedures.

(1)

Review Procedures by Permit Type. The Executive Director has the authority to determine and/or modify the permit type and review process for all permit applications.

	Administrative Decisions			Administrative Conditional Use	(a) Conditional Use (b) Board Decisions
	Type I	Type II	Type III	Type IV	Type V
Review Process	Staff review administratively against code criteria. Executive Director (ED) may pre-determine standard permit conditions.	Staff review administratively against code criteria ↓ Planning Department recommends to ED	Staff review administratively against code criteria ↓ Planning Review Committee (PRC) ↓ Planning Department recommends to ED	Staff review administratively against code criteria ↓ PRC ↓ Planning Commission reviews findings and provides comments ↓ Planning Department recommends to ED	Staff review administratively against code criteria ↓ PRC ↓ Staff report with findings to Planning Commission ↓ (a) Planning Commission makes final decision ↓ (b) Planning Commission recommends to Board of Directors
Noticing Requirements	None	None	None	Notice of Application posted on property and sent to property owners within 300 feet of subject property within 7 days of a completed application; 15-day comment period; written comments to be included in staff report	Notice of Application posted on property and sent to property owners within 500 feet of subject property within 14 days of a completed application; 15-day comment period; Notice of Hearing posted on property at least 7 days before hearing and published in accordance with TTC § 7.06.050(2)(b)
Public Hearing Requirements	None	None	None	None	Hearing before Planning Commission (or Hearing Examiner); Board changes from recommendation require additional public hearing
Notice and Record of Decision	None	None	None	None	Yes
Final Decision and Conditioning Authority	Executive Director or Designee	Executive Director	Executive Director	Executive Director	(a) Planning Commission (b) Board of Directors
Appeals	All decisions considered final unless appealed to Tribal Court or the Board of Directors in accordance with TTC § 7.06.090, Appeals

(Res. 2023-382)

§ 7.06.050 Permit processing – Content requirements.

(1)

Required Submissions. Applicants shall submit, at a minimum:

(a)

A completed permit application.

(b)

Any information identified in this title.

(c)

Any required plans and specifications.

(d)

Evidence of interest in the land such as title, lease, or contract.

(e)

Acknowledgement that an inspection may be conducted for any permit required under this title.

Site plan.

Legal description.

Location map.

Structural design plans.

(j)

Payment of all required fees.

(2)

Public Notice.

(a)

Notifying Property Owners. The Department shall direct the applicant to post notice on the property.

(i)

The applicant shall provide the Department with an affidavit of mailing and posting.

(ii)

When posting is required:

(A)

The applicant shall post one or more signs in a conspicuous location on the property’s frontage.

(B)

Signs shall remain posted throughout the permit review process until all appeals have expired and may be updated and used for other posted notices as required.

(C)

Signs shall be removed by the applicant no later than 14 days after the appeals periods have expired.

(b)

Publishing Requirements. Public notice must be published in the official county newspaper, in any official publication of the Tulalip Tribes, and on the Tulalip Tribes’ Planning Department website.

(i)

The Tribes may provide additional public notice by notifying the news media and community organizations, by placing notices in neighborhood or community newspapers, appropriate regional, neighborhood, or ethnic or trade journals.

(c)

Notice of Application. The following information must be included in a Notice of Application.

(i)

Date of application, date of completeness determination, and date of Notice of Application.

(ii)

Project description, list of permits requested, assigned file number, parcel number(s), applicant’s name, and contact person.

(iii)

Site plan, vicinity map, and environmental checklist if required. Any other information determined appropriate by the Planning Department.

(d)

Notice of Hearing. A Notice of Hearing must include all the information required for a Notice of Application in addition to the following:

(i)

Date, time, and place of the public hearing.

(ii)

Dates of the comment period and how comments can be submitted.

(e)

Notice of Rezone. A Notice of Rezone must include all the information required for a Notice of Hearing in addition to the following:

(i)

Existing zoning classification.

(ii)

Proposed zoning classification.

(iii)

Future land use map designation.

(iv)

Existing land use.

(v)

Proposed land use.

(3)

Final Decision and Conditioning Authority.

(a)

The final decision and conditioning authority designated in the table in TTC § 7.06.040, Permit type – Review procedures, may impose conditions and mitigation requirements to protect the health, safety, welfare and rights of the citizens on the Reservation, and to ensure consistency with the provisions of this title and the text, goals, policies and objectives of the Comprehensive Plan.

(b)

The final decision and conditioning authority shall have the authority to condition, require mitigation, or deny based upon significant adverse impacts to the natural and built environment.

(c)

If, in the judgment of the final decision and condition authority, no conditions could be imposed that would mitigate significant adverse impacts to the environment, ensure the compatibility and harmony of the use or structure within the spirit of this title, and protect the health, welfare, safety, lands and rights of persons on the Reservation, a permit shall be denied.

(4)

Notice and Record of Decision.

(a)

Notice of final decision issuing, conditioning, or denying a Type V permit shall be mailed to the applicant and other parties of record who have made written request for a copy of decisions. If emailing is not possible, the Notice of Final Decision shall be sent by certified mail with a return receipt requested.

(b)

The decision document for an approved Type V permit shall contain a written order of the required conditions and a schedule for compliance.

(c)

A written nonverbatim record of the hearings held before the Board, Planning Commission, and before any Hearing Examiner, and of any findings, conclusions, or decision, shall be made and kept on file at the Tribal office. Such hearings shall also be tape recorded. The final decision shall be in writing, with written findings and conclusions.

(5)

Jurisdictional Findings.

(a)

For all permit types, the final decision and conditioning authority shall enter findings as to the basis for the exercise of the tribe’s jurisdiction pursuant to this title.

(b)

When this title is applied to fee lands within the exterior boundaries of the Tulalip Reservation that are exclusively owned by nonmembers of the Tulalip Tribes, the final decision and conditioning authority shall enter jurisdictional findings as to whether there exists a consensual relationship between the Tulalip Tribes and any such nonmember that gives rise to Tribal jurisdiction, and whether the exercise of tribal jurisdiction concerns conduct of nonmembers that threatens or has some direct effect on the political integrity, economic security, or health and welfare of the Tulalip Tribes.

(Res. 2023-382)

§ 7.06.060 Conditional use criteria.

(1)

Purpose. The purpose of this section is to establish decision criteria and procedures for conditional uses deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. These uses require a special degree of control to assure compatibility with the Comprehensive Plan, adjacent uses, and local character.

Administrative conditional uses are subject to a Type IV permit review, and conditional uses are subject to a Type V(a) permit review. These processes allow the Tribes to:

(a)

Determine that the location of these uses will be compatible with the Comprehensive Plan, zoning designations, and uses permitted in the surrounding area, and that the development will not cause significant unmitigated environmental impacts;

(b)

Determine that the scale of these uses is appropriate in the proposed location; and

(c)

Make further stipulations and conditions that may reasonably assure that the basic intent of this title and the interest of the Tribes will be served.

(d)

If the scale and scope of a proposed Type IV administrative conditional use will likely impact properties beyond 300 feet, the Executive Director may require a Type V(a) conditional use permit. (TTC § 7.04.010(3)(e), Executive Director.)

(2)

Decision Criteria – Required Findings. Administrative conditional uses and conditional uses may be approved only if all the following findings can be made regarding the proposal and are supported by the record:

(a)

The granting of the proposed conditional use permit will not:

(i)

Be detrimental to the public health, safety, and general welfare of the Tribes;

(ii)

Adversely affect the established character and intent of the surrounding vicinity or zone as given in TTC § 7.08.030, Zoning districts; nor

(iii)

Be injurious to the uses, property, or improvements adjacent to, and in the vicinity of the site upon which the proposed use is to be located, or cause significant unmitigated environmental impacts.

(b)

The approval of an administrative conditional use or a conditional use is consistent and compatible with the intent of the goals, objectives, and policies of the Comprehensive Plan, the zoning designation, and any implementing regulation.

(c)

All conditions necessary to lessen any impacts of the proposed use are conditions that can be monitored and enforced.

(d)

The proposed use will not introduce hazardous conditions that cannot be mitigated to protect adjacent properties, the vicinity, and the public health, safety, and welfare of the Reservation community from such hazard.

(e)

The administrative conditional use or conditional use will be supported by, and not adversely affect, adequate public facilities and services; or that conditions can be imposed to lessen any adverse impacts on such facilities and services.

(f)

The proposed use meets all the criteria specific to that land use as defined in this title.

(Res. 2023-382)

§ 7.06.070 Variance permit procedures.

(1)

Purpose. The purpose of this section is to provide a means of altering the requirements of this title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties within the identical regulatory zone because of special features or constraints unique to the property involved.

(2)

Required Submissions. Applicants for a variance shall, at the request of the Planning Department, submit such plans, statements, and documents as are reasonably required for evaluation of the proposal.

(3)

Decision Authority. Permitting procedures, noticing requirements, hearing requirements, and decision-making authority for a variance shall be determined by the type of decision the variance is based on, described in TTC § 7.06.020, Permit type – Descriptions, and 7.06.040, Permit type – Review procedures.

(4)

Required Findings. Before any variance is granted, it shall be shown that:

(a)

Because of the special circumstances applicable to the subject property, including but not limited to size, shape, topography, environmental and archaeological characteristics, location, or surroundings, the strict application of this title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification.

(b)

The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

(c)

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same vicinity or district.

(d)

The granting of such variance will not adversely affect the realization of the comprehensive development pattern of this area.

(Res. 2023-382)

§ 7.06.080 Enforcement.

(1)

Civil Actions by Executive Director. The Tulalip Tribal Court shall have jurisdiction over civil actions commenced by the Executive Director, on behalf of the Tulalip Tribes, for injunctive relief to enforce, and/or recover civil penalties assessed in, any enforcement action issued under this title. In any such civil action, the Tribal Court may, in addition to granting other relief, authorize the Executive Director, or his/her designates, to enter land and conduct the abatement and/or remediation required by any enforcement action, and may, under its continuing jurisdiction, award damages for the costs thereof, and for environmental or resource losses or damages occasioned by violations of this title or an enforcement action. In any civil action authorized by this title, the Tribal Court shall give substantial weight and deference to decision(s) and determination(s) of the Executive Director.

(2)

Public Nuisance. A fire which creates a nuisance from smoke, odor or flying ash and/or a fire which endangers the health or safety of others, in violation of TTC § 8.25.230(3)(l), is hereby declared to be a public nuisance and may result in the imposition of fines as set forth in subsection (5) of this section, Civil Penalties.

(3)

Types of Code Enforcement Action.

(a)

The following options provide a comprehensive strategy for achieving code compliance and are designated to protect the health, safety and general welfare of the Tulalip Indian Reservation:

(i)

A Warning Notice may be issued: Before initiating an enforcement action, the director may provide a Warning Notice to the person(s) responsible for the violation. The person(s) named in the notice must be given an opportunity to cure the violations in the time specified in the notice. A Warning Notice may not be appealed; or

(ii)

A Notice of Violation may be issued: Violation(s) of any provision of this title and/or a violation(s) of a permit condition shall be subject to a Notice of Violation. A Notice of Violation represents a determination by the Executive Director that a violation has been committed and monetary penalties shall be assessed in accordance with the Civil Penalty Schedule. The Notice of Violation may list corrective actions suggested to remedy the situation. Payment of a monetary penalty assessed under a Notice of Violation shall not relieve the person(s) named in the Notice of Violation of the obligation to correct, cure, abate, or stop the violation; or

(iii)

A stop work order may be issued: Whenever Planning Department staff finds any work is being done in a manner that violates the provisions of the Tulalip Tribal Code, or in a dangerous or unsafe manner, the Executive Director may issue a stop work order. Immediately upon issuance of a stop work order, all work shall be suspended and it shall be unlawful to continue any work. Violation of a stop work order will result in the assessment of civil penalties; or

(iv)

An emergency order may be issued: Whenever Planning Department staff becomes aware of a condition or activity that endangers public, private, or tribally owned property, creates an immediate hazard, threatens sensitive areas under Chapter 7.24 TTC, Sensitive Areas, or threatens the health and safety of the occupants of any premises or members of the public, the Executive Director may issue an emergency order.

(b)

A Warning Notice and emergency orders are intended for different types of violations and a warning notice may not be issued in the event of an emergency order.

(c)

Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous condition shall be immediately remedied.

(d)

An appeal of an emergency order shall not stay the requirement to immediately take action to remedy any dangerous or unsafe conditions.

(4)

Procedures Upon Discovery of Violations.

(a)

A Warning Notice or Notice of Violation shall be served upon the responsible person(s) by one or both of the following methods:

(i)

Personal service on the person(s) named, or by leaving a copy of the Warning Notice, citation, or Notice of Violation at that person’s usual abode with a person of suitable age and discretion who resides there.

(ii)

Service by mail shall be presumed effective upon the third business day following the day upon which the warning notice, citation, or Notice of Violation was placed in the mail.

(b)

If the whereabouts of the person(s) named is unknown, service shall be made by posting and/or publishing the notice in accordance with the following:

(i)

Posted notices shall be conspicuously placed on the property where the violation is occurring; and/or

(ii)

When publication is utilized, the department shall publish one notice in a newspaper of general circulation in Snohomish County, Washington.

(c)

A stop work order and/or and emergency order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The stop work order shall be effective on the date that it is posted.

(d)

If the Executive Director determines that the warning notice was not cured, or any work is being performed in a manner that violates the provisions of this code or in an unsafe or dangerous manner, the Planning Department may issue a stop work order. Upon issuance of a stop work order, the cited work shall immediately cease. Violation of a stop work order shall be subject to the fines set forth in Tulalip Tribal Code Civil Penalty Schedule

(e)

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to public health, safety, or welfare, the Executive Director may seek enforcement without any prior written notice by invoking any of the penalties or remedies authorized under subsection (5) of this section, Civil Penalties.

(f)

The Executive Director may extend the time for compliance issued in a warning notice upon finding that substantial progress toward compliance has been made. Such an extension allows the director to stay the accrual of additional penalties until the new compliance date stated in the extension notice. Penalties that have already accrued prior to the extension shall not be waived. An extension of time may be revoked by the Executive Director upon a finding that the conditions at the time the extension was granted have changed, or the person(s) responsible are not performing corrective actions required in the Notice of Violation. If the extension of the compliance date is revoked, a new compliance date shall be set.

(5)

Civil Penalties. The Executive Director may, in an enforcement order issued under this title, assess civil penalties per the Tulalip Tribal Code Civil Penalty Schedule.

(a)

Civil Penalty Schedule. Civil penalty amounts shall be assessed as follows against the landowner, lessee or responsible party:

(i)

Public nuisance: Up to $100.00.

(ii)

Notice of Violation: Up to $500.00.

(iii)

Stop work order: Up to $750.00.

(iv)

Emergency order: Up to $1,000.

(b)

Payment of a monetary penalty assessed under a Notice of Violation shall not relieve the person(s) named in the Notice of Violation of the obligation to correct, cure, abate or stop the violation(s).

(c)

One hundred dollars per day against any person who violates any enforcement order may be imposed, in which case the order shall so state.

A minimum of $5,000 against any person who constructs, installs, repairs, or replaces any structure or performs other work on Tribal tidelands in violation of the requirements of Chapter 8.30 TTC.

(6)

Final Decisions.

(a)

Executive Director decisions under this title such as suspending or denying permits, imposing civil penalties, and/or issuing or denying a variance shall be final and conclusive unless appealed to the Tulalip Tribal Court by written Notice of Appeal filed with the Clerk of the Court within 15 days following the effective date of the decision.

(b)

If after any order duly issued by the Executive Director or Tribal Court judge becomes final, and the person, firm, or corporation to whom the order is directed does not obey the order, including refusal to pay fines or monetary penalties assessed under such order, the Tribe may:

(i)

Institute appropriate action to collect fines or monetary penalties assessed in accordance with provisions of this chapter;

(ii)

Abate the violation in accordance with provisions of this chapter and Tulalip law; or

(iii)

Pursue other reasonable remedies as allowed by law.

(7)

Suspension of Permits.

(a)

The Executive Director may temporarily suspend any permit for:

(i)

Failure to comply with the requirements of this chapter or other applicable provision of the Tulalip Tribal Code related to the permit; or

(ii)

Failure to comply with any Notice of Violation issued pursuant to this chapter.

(b)

The permit suspension shall be subject to the Notice of Violation provisions of this chapter, and the suspension shall be effective upon service of the Notice of Violation. The person(s) named on the Notice of Violation may appeal the suspension as provided by this chapter.

(c)

Notwithstanding any other provision of this chapter, whenever the Executive Director finds that a violation of this title or any other applicable provision of the county code has created or is creating a dangerous condition or other condition which constitutes an immediate hazard, the Executive Director may, without service of a written notice and order, suspend and terminate activities under the permit immediately.

(8)

Revocation of Permits.

(a)

The Executive Director may permanently revoke any permit issued pursuant to this chapter for:

(i)

Failure to comply with the requirements of this title or any other applicable provision of the county code related to the permit;

(ii)

Failure to comply with any Notice of Violation issued pursuant to this chapter; or

(iii)

Discovery that a permit was issued in error or on the basis of incorrect information supplied to the Tulalip Tribes.

(b)

The permit revocation shall be carried out through the Notice of Violation provisions of this chapter and the revocation shall be effective upon service of the Notice of Violation. The landowner, lessee or person(s) responsible may appeal such revocation as provided by this chapter.

(Res. 2023-382)

§ 7.06.090 Appeals.

(1)

Permit decisions of Types I, II, II, and IV shall be final and conclusive unless appealed to the Tribal Court by written Notice of Appeal filed with the Clerk of the Court within 15 days following the effective date of the decision.

(2)

Permit decisions of Types I, II, II, and IV may be reversed or modified by the Tribal Court only if it determines that the decision was arbitrary and capricious or exceeded the authority of the Executive Director under this title.

(3)

Permit decisions Type V(a) by the Planning Commission issuing, conditioning or denying a conditional use permit shall be final and conclusive unless appealed to the Board of Directors within 15 days of the Planning Commission’s decision. The Board shall review the Planning Commission’s decision, including the findings of fact and conclusions, at its next regular meeting after filing of the appeal with the Board, or at a special meeting set by the Board to occur not more than 30 days from the Board’s receipt of the appeal. The Board may affirm, modify, amend, or alter the decision of the Planning Commission and shall render its decision in writing based upon written findings of fact and conclusions. The Board may, but is not required to, take further testimony to supplement the record on review. In the event the Board desires to take further testimony, it shall call a public hearing and give published notice of the time, place, and subject matter of the hearing as provided in TTC §§ 7.06.040 and 7.06.050(2)(b).

(4)

For Type V(b) permit decisions, the jurisdiction of Tribal Court on appeals shall be limited to determining whether the decision subject to review was arbitrary and capricious, unlawful, or in excess of jurisdiction, in which case the Court shall vacate the decision and remand the matter to the Board of Directors for further proceedings consistent with the Tribal Court’s decision.

(5)

An appeal under this chapter may only be filed by a party adversely affected by the decision in question.

(6)

Final decisions by the Executive Director may be appealed to the Tulalip Tribal Court by written Notice of Appeal filed with the Clerk of the Court within 15 days following the effective date of the decision. The Tribal Court may reverse or modify a decision of the Executive Director only if it determines that the decision was arbitrary and capricious or exceeded the authority of the Executive Director under this title.

(7)

Tulalip Tribal Court review of any appeal under this title shall be on the record before the decision-maker who made the appealed decision. In any appeal authorized by this title, the Tribal Court shall give substantial weight and deference to decision(s) and determination(s) of the Executive Director, the Planning Commission, and the Board of Directors. The Tulalip Tribal Court shall review the appeal documents and may summarily dismiss the appeal if the filing is untimely, incomplete, frivolous or beyond the Tribal Court’s jurisdiction. In such event, a summary dismissal order shall be issued by the Tulalip Tribal Court within 30 days following receipt of the appeal. If the appeal is not summarily dismissed, the Tulalip Tribal Court shall hold a hearing within 90 days after the date on which the appeal was filed. The Tribal Court may reverse or modify a decision of the Executive Director only if it determines that the decision was arbitrary and capricious or exceeded the authority of the Executive Director under this title. The Tulalip Tribal Court, in its discretion, may set a prehearing briefing schedule for the parties. The purpose of the prehearing briefing schedule is to facilitate a full and fair hearing on the merits in cases that may involve complex or confusing factual issues or legal arguments.

(Res. 2023-382)

§ 7.06.100 Fees.

(1)

Permit Fees. Applicants for all permits shall pay a permit fee to the Tulalip Tribes consistent with The Tulalip Tribal Code Land Use Permit Fee Schedule.

(2)

Land Use Permit Fee Schedule. Fees for permits shall be as established periodically Planning Department subject to Board of Directors’ approval. Such fees shall be posted at the Planning office and online at the Planning Department web page.

(3)

Use of Consultants. Whenever review of a permit application requires retention by the Tribes of professional consulting services, the applicant shall reimburse the Tribes the full cost of such professional consulting services. This fee shall be in addition to the normal plan review and/or building permit fees. The Tribes may require the applicant to deposit an amount with the Tribes estimated by the Executive Director to be sufficient to cover anticipated costs of retaining professional consultant services and to ensure reimbursement for such costs.

(Res. 2023-382)