Chapter 7.24 SENSITIVE AREAS

Designation. “Environmentally sensitive lands” are designated to include wellhead protection zones and critical aquifer recharge areas; surface waters such as lakes, ponds, seasonal and perennial streams, springs, wetlands, and their shorelines and buffer zones; saltwater shorelines, beaches, bluffs, and all of Tulalip Bay; geologically hazardous areas including steep slopes and areas of potential landslide or significant erosion; special soil types including hydric soils, soils unsuitable for building foundations and road beds; and essential habitat for cultural resources and culturally significant species.

Identification and Mitigation. Any proposed clearing, grading, filling, or other activity requiring a use and occupancy permit, conditional use permit, variance, or subdivision approval for development that could impact environmentally sensitive lands shall be permitted only after the exact location of environmentally sensitive area(s) has been identified by the applicant or proponent of the development proposal, a review of impacts to the environmentally sensitive area(s) is completed and buffer requirements or other mitigation necessary for protection of the sensitive lands has been established by the Planning Department consistent with this title and the text, goals, objectives, and policies of the most current Tulalip Comprehensive Land Use Plan.

General Provisions and Review.

The provisions of this chapter shall apply to all land uses and activities within the Tulalip Tribes Reservation, whether or not a permit or authorization is required, except as exempted.

Any development activity, action requiring a project permit, or clearing within environmentally sensitive areas and their buffers is prohibited unless conducted in compliance with this chapter. The Tulalip Tribes Planning Department will conduct a review of the proposed impacts to environmentally sensitive areas and provided mitigation plans. The Department will verify the information submitted by the applicant to:

Confirm the nature and type of sensitive areas and required buffers;

Determine the need for sensitive area studies and the adequacy of such studies submitted with the application;

Determine whether the development proposal is consistent with this chapter;

(iv)

Determine whether the proposed alterations to environmentally sensitive areas are avoidable or necessary; and

(v)

Determine if the mitigation and monitoring plans proposed by the applicant are adequate to protect public health, safety and welfare, consistent with the goals, purposes, objectives and requirements of this title and chapter.

Notwithstanding any other provision of this title, the Tribal decision-maker may prohibit, or condition, development that will have, or potentially will have, significant adverse environmental impacts upon or to environmentally sensitive lands. The Executive Director may determine to permit such development only after a thorough review of environmental impacts is completed, and the Executive Director may impose conditions, mitigation and buffer requirements that are consistent with this title and the text, goals, objectives and policies of the most current Tulalip Comprehensive Plan.

(Res. 2023-382)

§ 7.24.020 Culturally sensitive lands.

Definition. Important archaeological and spiritual sites, historical buildings, monuments, cemeteries, and other significant sites contributing to the local Indian history and important to the continuance of the Tulalip Tribes’ identity and culture.

Identification of Cultural Resources. The Executive Director, after consultation with the Tribes’ Cultural Resource Specialist, shall have the authority to map and designate lands as culturally sensitive. Currently identified culturally sensitive lands are listed in the most current Comprehensive Plan, but may also include those areas that are confidential and known only to Tribal members. The Executive Director may designate and treat a site as culturally sensitive consistent with the definition contained in this title regardless of whether it has been previously mapped and designated as such.

§ 7.24.040 Wetlands, streams, and buffers.

Confidentiality. A “map of culturally sensitive lands” shall be held by the Tulalip Tribes. A map indicating the location of sites that are confidential and known only to Tribal members shall also be held by the Tulalip Tribes, subject only to in camera review by the Planning Commission, Board of Directors or Tribal Court in the event of appeals.

(4)

Buildings and Structures. A 100- to 200-foot buffer requirement may be established by the Executive Director, after consultation with the Cultural Resource Specialist, for all development proposals adjacent to historically significant buildings or structures.

(5)

Natural Areas. Those cultural areas that derive their special significance from their natural character or pristine state shall be protected from adverse impacts by a buffer to be established by the Executive Director, after consultation with the Cultural Resource Specialist, which buffer shall not exceed 500 feet.

(6)

Archaeological Sites. Significant archaeological sites shall be protected by a buffer to be established by the Executive Director after consultation with the Cultural Resource Specialist, which buffer shall not exceed 500 feet.

(7)

Variance. Variances to buffer requirements established in this chapter may be granted only after a formal review and recommendation by the Department of Environment and issuance of a variance by the Executive Director pursuant to TTC § 7.06.070, Variance permit procedures.

(Res. 2023-382)

§ 7.24.030 Tree protection.

(Reserved)

(Res. 2023-382)

Wetlands.

Definition. “Wetlands” is defined as all lands of the Tulalip Indian Reservation which are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to, marine shorelines, swamps, marshes, bogs, fens, and open bodies of freshwater.

Wetlands on the Tulalip Reservation include all areas waterward from the wetland edge. If the vegetation has been removed, a wetland shall be determined by the presence of hydric soils. Regulated wetlands do not include artificial wetlands intentionally constructed from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, stormwater detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands created, restored, or enhanced as part of an approved mitigation plan are considered to be regulated wetlands.

Wetland Categories. The following wetland categories shall be established:

Critical Value Wetlands (Category I). Those lands which meet any one of the following six criteria:

(A)

The presence of species (plant, animal, or fish) listed by the Tulalip Tribes or other resource management agencies as threatened or endangered, or the presence of critical habitat documented by the Tulalip Tribes for those species.

(B)

Regionally rare and unique native wetland communities, including sphagnum bogs and fens, and estuarine wetlands.

(C)

Wetlands having direct impact on the protection and production of Tribal fisheries enhancement projects as identified by the Tulalip Department of Environment.

(D)

Wetlands having cultural and/or spiritual significance to Tulalip Tribal members.

(E)

Irreplaceable wetland systems performing critical ecological functions.

(F)

Wetlands having exceptional habitat value and diversity as defined by the following characteristics: (1) those wetlands equal to or greater than five acres in size and having three or more wetland classes, one of which is open water; or (2) wetlands having 40 to 60 percent permanent open water in dispersed patches with two or more wetland classes and connected to another habitat area, either upland or aquatic, via a stream or vegetated corridor.

High Value Wetlands (Category II). Wetlands classified as “high value wetlands” perform important ecological functions. These systems include all of those wetlands which do not meet the criteria for “critical value wetlands,” but fulfill any of the following criteria:

(A)

Wetlands having documented habitat, recognized by the Tulalip Tribes or other resource management agencies, for sensitive or priority plant, animal, or fish species.

(B)

Wetlands with significant functions which cannot be adequately replicated through creation or restoration efforts.

(C)

All riparian wetlands not meeting criteria defined for “critical value wetlands.”

Moderate Value Wetlands (Category III). Those lands which are of minimum habitat value, are suitable for restoration or enhancement efforts, and satisfy no “critical” or “high” value criteria. Those lands may be characterized by the following features:

(A)

Monotypical vegetation of similar age class;

(B)

Hydrologically isolated systems lacking special habitat features (snags, open water component, nesting habitat, large woody debris, etc.);

(C)

Areas which are highly disturbed by human interference and/or contaminated by waste disposal.

Streams.

Definition. “Streams” refers to those areas of the Tulalip Reservation where surface waters have sufficient flow to produce a defined channel or bed. A channel or bed does not have to contain water year-round to indicate the presence of a stream. A “stream” does not include areas identified as artificial watercourses (constructed stormwater drainage systems) unless they are used to convey Class 1 or 2 streams that occurred naturally prior to construction of the artificial drainage network.

“Class 1 stream”

means all streams that flow year-round during years of normal rainfall or are used by salmonids.

“Class 2 stream”

means all streams that are intermittent or ephemeral during years of normal rainfall and are not used by salmonids.

Buffers.

Definition. “Buffers” refers to the zone contiguous with a sensitive area that is required to protect and maintain the functions and structural stability of an aquatic environment. The critical functions of a buffer associated with an aquatic system (riparian buffers) include, but are not limited to, shading, the existence of organic debris and course sediments, uptake of nutrients, stabilization of banks, interception of fine sediments, storage of overflow during high water events, protection from disturbance by humans and domestic animals, preservation of wildlife, fish and plant habitat, preservation of wildlife migration corridors, and room for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects.

The critical functions of terrestrial buffers include, but are not limited to, protection of slope stability, protection from disturbance by human and domestic animals, attenuation of surface water flows from stormwater runoff and precipitation, and erosion control.

The required buffer width for freshwater wetlands or streams shall be dependent upon the class of the wetland or stream. The following buffer requirements shall apply to all freshwater wetlands and streams on the Tulalip Reservation.

Freshwater Wetland Buffers.

Critical Value Freshwater Wetlands. Buffer 200 feet. No development shall occur within a 200-foot undisturbed buffer of natural vegetation around critical value wetlands. An alteration of buffer requirements may be approved by the Executive Director based on a watershed analysis and review by the Department of Environment.

High Value Wetlands. Buffer 100 feet. No development shall occur within a 100-foot undisturbed buffer of natural vegetation around high value wetlands. An alteration of buffer requirements may be approved by the Executive Director based on a watershed analysis and review by the Department of Environment.

Moderate Value Wetlands. Buffer 50 feet. A 50-foot buffer shall be established around moderate value wetlands. No structures or other impervious surfaces or septic systems shall be allowed within the 50-foot buffer. Yards, gardens, decorative shrubs and trees and similar plantings and activities associated with single-family residential development may be allowed within the 50-foot buffer. An alteration of buffer requirements may be approved by the Executive Director based on a watershed analysis and review by the Department of Environment.

Wetland Buffer Enhancement. “Buffer enhancement” may include, but is not limited to, planting of appropriate multi-layered native vegetation (forb-grassy layer, shrub layer, tree layer), restriction of approved uses within the buffer, and use of appropriate best management practices to minimize impacts to water quality and resource values.

(d)

Wetland Buffer Mitigation. Any wetland created as compensation for approved wetland alterations shall have the minimum buffer required for the new classification of the created wetland. Enhancement of setback areas may not be counted as mitigation credits for approved alterations. Wetlands constructed for management of stormwater runoff are exempt from buffer requirements.

(e)

Uninventoried Wetlands. Uninventoried wetlands shall be evaluated by the Department of Environment to determine an appropriate rating for the site. The minimum buffer requirements as listed above shall apply to the wetland.

(f)

Stream Buffers.

Class 1 Streams. Class 1 streams shall have a minimum of a 200-foot buffer of natural vegetation on both sides of the channel. The buffer width shall be a horizontal distance measured from the ordinary high water mark of the stream channel. No septic systems shall be placed within 200 feet of a Class 1 stream.

Class 2 Streams. Class 2 streams shall have a minimum of a 50-foot buffer of natural vegetation on both sides of the channel. The buffer width shall be a horizontal distance measured from the ordinary high water mark of the stream channel. No septic systems, livestock, or building structures shall be placed within 100 feet of a Class 2 stream.

(g)

Streams and Riparian Wetlands. All streams constrained by riparian wetlands shall apply the wetland buffer requirement unless stream buffer requirements are more restrictive.

(h)

Wetland Alterations. Alterations to a wetland or its buffer shall be prohibited without a use and occupancy permit. No impervious surfaces or topographic changes that would adversely affect wetland hydrology shall be permitted within the approved buffer width.

Approved Activities Within Wetlands and Wetland Buffers. Approved alterations may be allowed with a use and occupancy permit for the following activities:

Yards, gardens, decorative shrubs and trees, and similar plants and activities associated with single-family residential development may be allowed within buffer areas established for moderate value wetlands.

A wetland or its buffer may be altered to the minimum extent necessary to gain access to developable property or to use high and moderate value wetlands when no other reasonable alternative access exists. Alterations shall require compensation through an approved mitigation plan before the proposed access or use is allowed.

A use and occupancy permit to develop trails designed for passive recreation or educational purposes within a wetland may be issued on a case-by-case basis by the Executive Director based upon a recommendation from the Tulalip Department of Environment. Tribal members are allowed access to, and through, all wetland sites used for spiritual ceremonies.

(iv)

A use and occupancy permit for placement of public and private utility corridors within buffers on all wetland categories and within moderate value wetlands shall be issued on a case-by-case basis by the Tulalip Department of Environment. Proposals to place utility corridors within critical value wetlands or high value wetlands are not encouraged, and require review by the Executive Director, based on a review by the Tulalip Department of Environment.

(v)

Logging associated with forestry practices in wetlands and their associated buffers shall be analyzed on a case-by-case basis for impacts to the watershed. The analysis shall be completed by the Department of Environment and shall include recommended buffer widths adjacent to streams and wetlands to adequately maintain water quality and fish habitat.

(Res. 2023-382)

§ 7.24.060 Marine shorelines.

Definition. “Marine shorelines” shall include the coastal area along the Puget Sound to include tidal and intertidal areas, bay areas, beaches, backshore areas, pocket beaches, accretion beaches, estuaries, erosional bluffs, feeder bluffs, coastal wetlands, kelp beds, and other critical saltwater and brackish water habitats associated with the Puget Sound. The marine shorelines of the Tulalip Reservation are inventoried as estuarine wetlands and are considered to be critical resource value lands. However, because the coastal shoreline environments of the Tulalip Reservation have distinct physical characteristics and land use concerns different from those associated with the freshwater wetland systems, specific restrictions governing development in, and adjacent to, the marine shorelines are identified in this section.

Bulkheads. Replacement, repair, and the construction of new bulkheads shall be prohibited unless a use and occupancy permit containing conditions to minimize impacts to shoreline environments has been issued by the Executive Director.

Beach Access, Structures, and Mechanisms. Roads, stair structures, cables and other beach access structures or mechanisms shall be prohibited unless a use and occupancy permit containing conditions to minimize impacts to shoreline environments has been issued by the Executive Director.

(4)

Docks and Piers. Construction and repair of docks and piers shall be prohibited unless a use and occupancy permit has been issued by the Executive Director to minimize impacts to shoreland environments.

(5)

Principles and Practices. The following principles and practices shall be employed in designing and reviewing all development proposals on shorelands:

Bulkheads shall be constructed only where there is a proven hazard to developed property by wave action.

Access structures shall minimize slope disturbance and care shall be taken to prevent any further slope instability.

Where bulky access structures, such as stair towers, are the only alternative for access, shared access structures shall be encouraged to minimize disturbance to the beach environment.

(d)

All structures in the shoreline environment shall be constructed of materials which do not release toxic substances into the water and shall be designed to blend into the natural shoreland environment.

(e)

Any construction and grading activities in the beach environment shall not impact shellfish beds.

(Res. 2023-382)

§ 7.24.070 Steep slopes.

Applicability. All slopes greater than 15 percent shall be governed by this section to protect the health, safety, and welfare of citizens and to protect the environment against unsafe and unnecessary degradation.

Design and Review. The following principles and practices are to be employed in designing and reviewing all subdivision and/or development projects on steep terrain on the Tulalip Reservation.

Where development is proposed on slopes greater than 15 percent, the Executive Director may apply development standards and/or conditions that serve to mitigate adverse impacts to the natural or built environment. The Executive Director may require a soil or slope engineering study to determine adverse impacts. Conditions or requirements may include special site design, structural standards, erosion control measures, clearing and grading plans, reduced scale and densities or other measures necessary to protect life and property.

Site disturbance shall be severely limited or prohibited on slopes exceeding 45 percent, or on slopes determined to be unstable and where slope failures have occurred or are likely to occur. At a minimum, a 50- to 100-foot building setback from the top of slopes exceeding 45 percent shall be required.