The purpose of this article is to protect the health and welfare of residents of the Tulalip Indian Reservation and surrounding communities, and to facilitate the enjoyment of natural attractions on the Reservation. The Tulalip Tribes will work with the Puget Sound Air Pollution Control Agency (PSAPCA), the Department of Natural Resources (DNR), and all fire districts that are within the exterior boundaries of the Tulalip Indian Reservation.
(Ord. 77, 12-5-1992 (Res. 92-0194); Ord. 96 § 4.01, 6-7-1997 (Res. 97-0118))
(1) 
Outdoor fires on shore or tidelands, held for the purpose of Tribal member fishing and/or cultural ceremonies, are permitted.
(2) 
Fires on shore or tidelands, for any other purpose, are prohibited.
(3) 
The Tribes’ Senior Air Pollution Control Officer, upon approval by the Tulalip Board of Directors, shall designate a zone west of and adjacent to Interstate 5 in which no exempt from this prohibition.
(Ord. 77, 12-5-1992 (Res. 92-0194); Ord. 96 § 4.02, 6-7-1997 (Res. 97-0118))
(1) 
The Tulalip Tribes will work with Fire District No. 15, Fire District No. 20, and the Marysville Fire Department to regulate residential burning on the Tulalip Indian Reservation.
(2) 
The Tulalip Tribes reserves the right to restrict, regulate, revoke or postpone outdoor fires due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance, and that exceed or threaten to exceed Federal or State ambient air quality standards.
During an air pollution episode as identified by the Tulalip Tribes or the Puget Sound Air Pollution Control Agency, all outdoor fires will be prohibited.
(3) 
A permit must be obtained in order to conduct residential burning of outdoor fires. Permits may be obtained by calling or visiting the Tulalip Tribes Natural Resources Division, Monday through Friday, during normal business hours (8:00 a.m. to 4:30 p.m.). Information regarding the location and approximate time of the fire must be provided. Provided no burn bans are in effect, a permit will be issued. Fires must also meet the following conditions in order to be eligible for a permit:
(a) 
The fire consists of natural vegetation only resulting from maintenance of land immediately adjacent and in close proximity to a human dwelling.
(b) 
Burning may only be conducted on the lands on which the materials originated.
(c) 
The fire, of natural vegetation only, shall not contain rubber products, plastics, asphalt, garbage, dead animals, petroleum products, paints or similar materials that emit dense smoke or create offensive odors when burned.
(d) 
The fire pile must not be larger than four feet in diameter and three feet in height.
(e) 
A person capable of extinguishing the fire must be in attendance at all times and must fully extinguish the fire prior to leaving it.
(f) 
No fires are to be within 50 feet of a structure(s) or within 50 feet from any forest trees.
(g) 
Only one pile may be burned at a time. Each pile must be fully extinguished before lighting another.
(h) 
Burning may be conducted during daylight hours only.
(i) 
Material to be burned must be placed on bare soil, green grass or other similar areas free of combustible material for a distance adequate to prevent the escape of fire.
(j) 
A shovel and a garden hose connected to an adequate water supply must be present at the fire at all times. The hose must be able to reach at least 50 feet beyond the fire pile.
(k) 
Burning must be done only during periods of calm to very light winds, and conducive to minimize any impact to others.
(l) 
If, in the discretion of the fire district, the Tribes, or the Tribal Control Officer, the fire creates a nuisance from smoke, odor or flying ash, it must be extinguished immediately. A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct any lake or navigable river, bay, stream, canal, or basin or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
(Ord. 77 § A, 12-5-1992 (Res. 92-0194); Ord. 96 § 4.03, 6-7-1997 (Res. 97-0118))
(1) 
A permit must be obtained in order to conduct land clearing burning:
(a) 
If burning is to be conducted on fee land, then a permit must be obtained from the Department of Natural Resources (DNR).
(b) 
If burning is to be conducted on trust land, then a permit must be obtained from the Tulalip Tribes.
(2) 
The Tulalip Tribes reserves the right to restrict, regulate, refuse, revoke or postpone outdoor fires due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance, and that exceed or threaten to exceed Federal ambient air quality standards.
During an air pollution episode as identified by the Tulalip Tribes or the Puget Sound Air Pollution Control Agency, the Tribes will prohibit all land clearing fires.
(3) 
Burning permits will only be issued for land clearing fires that meet the following conditions:
(a) 
The fire consists of natural vegetation only resulting from the clearing of land from which vegetation originated.
(b) 
The fire shall not include rubber products, plastic products, asphalt, garbage, dead animals, petroleum products, paints, or other products that emit dense smoke or create offensive odors when burned. The fire shall not include any hauled-in material.
(c) 
If the fire creates a nuisance from smoke, odor or flying ash, it must be extinguished immediately. A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures, or endangers the comfort, repose, health, or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
The Control Officer is hereby authorized to abate any nuisance resulting from a fire which they have permitted or over which they have authority.
(d) 
A person with equipment capable of extinguishing the fire or keeping the fire from spreading must attend the fire at all times.
(e) 
No fires are to be within 50 feet of any structures or within 50 feet from any forest trees.
(f) 
A permit can be revoked for any cause by the Control Officer.
(4) 
If a Fire Department or duly authorized person is called to a fire, the property owner or person attending said fire must be able to provide a copy of the burning permit upon request. If there is no one in attendance at the fire, and if there is potential for the fire to spread, it shall be at the discretion of the Fire Department to extinguish the fire.
(Ord. 77 § B, 12-5-1992 (Res. 92-0194); Ord. 96 § 4.04, 6-7-1997 (Res. 97-0118))
(1) 
A permit is required from PSAPCA in order to burn outdoor agricultural fires on fee land.
(a) 
In order to obtain a permit from PSAPCA, approval from the Tulalip Tribes must first be obtained. Upon approval by the Tulalip Tribes, PSAPCA will issue a permit and a list of associated conditions; provided, that the permit application meets the requirement of PSAPCA’s regulations.
(b) 
The public interest in air pollution and safety to life and property must be fully considered, and air pollution must be minimized insofar as is practical.
(2) 
The conditions for approval of a permit are as follows:
(a) 
The outdoor fires shall not be allowed during meteorological conditions conducive to the buildup of air contaminants.
(b) 
The air contaminants emitted from the outdoor fires shall not be in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property.
(c) 
Particulate matter from the outdoor fires must not be allowed to become deposited upon the property of others.
(d) 
This approval does not relieve the applicant from obtaining permits, licenses or other approval if required by a Fire Department.
(e) 
If the Tulalip Tribes receives a complaint by an individual being impacted as a result of the agricultural burn, they reserve the right to revoke this permit.
(Ord. 77, 12-5-1992 (Res. 92-0194); Ord. 96 § 4.05, 6-7-1997 (Res. 97-0118))
(1) 
Entry on Lands. For the purpose of determining compliance with a burning permit, any Tribal Control Officer may enter upon any and all lands within the Tulalip Reservation to determine whether an existing fire is lawful and validly permitted. If any fire is found to be unlawful and/or unpermitted, the Control Officer is hereby empowered to direct any person responsible for the fire to extinguish the fire and if the responsible person refuses, or a responsible person is not at the site of the fire, to direct the fire district with responsibility for the area in which the fire is located to extinguish the fire.
(2) 
Costs of Investigation and Extinguishing Unlawful and Unpermitted Fires. Persons found responsible for the setting of unpermitted or unlawful fires, including property owners actually aware that an unlawful or unpermitted fire is located or is to be located on the property in which they have interest, shall be responsible for the payment of all the costs of investigation and extinguishment of an unlawful or unpermitted fire, including all Court and enforcement costs and attorneys fees necessary for the collection of these costs.
(3) 
Control Officer May Bring Action.
(a) 
Any Tulalip Control Officer shall be empowered to bring an action by complaint or citation, in the name of the Tulalip Tribes and/or the name of the fire district or districts incurring costs to extinguish or investigate any unlawful or unpermitted fire, in the Tulalip Tribal Courts to collect all sums of money owed by any person pursuant to the provisions of subsection (2) of this section.
(b) 
The Control Officer shall also be empowered to place a judgment or lien on any property, real or personal, belonging to a person found by the Tulalip Tribal Courts to be responsible for payments of money set out in subsection (2) of this section and money found by the Tulalip Tribal Courts in a judgment to be due and owing for the costs and fees set out in this chapter.
(Ord. 96 § 4.07, 6-7-1997 (Res. 97-0118))