5.06.070 Applications for Permits

(a) Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an application for a permit with the Environment Division. Review of the application shall be made by the Environment Division in accordance with applicable law and such rules as may be adopted by the Environment Division. The application shall include a detailed description of the proposed activity and a map showing the area of wetland directly affected, with the location of the proposed activity in relation to the wetland.

(b) No sooner than thirty and not later than sixty days after receipt by the Environment Division of an application, and after notice of application has been published by the applicant either in a local newspaper, or by any means practicable, the Environment Division shall hold a public hearing on such application at a suitable location unless no notice of objection has been filed or unless the Environment Division finds the activity to be of such a minor nature as not to affect or endanger the balance of systems within the wetlands, in which case the Environment Division may, in the exercise of discretion, dispense with such hearing. At such hearing any person or persons filing a request for a hearing may appear and be heard.

(c) The applicant shall have the burden of demonstrating that the proposed activity will be in accord with the policies and provisions of this chapter.

(d) Any person may ask the Environment Division whether or not a given parcel of land will be designated a wetland subject to regulation. The Environment Division shall give a definite answer in writing within 30 days of such request whether such parcel will or will not be so designated. The Environment Division shall make its determination based upon review of the Wetlands map, and a site visit. Applicants may, at their own risk and expense, commission a more precise delineation of the affected area. Such delineations are not binding upon the Environment Division and may only be performed by contractors approved by the Environment Division.

(e) For permits whose issuance is reasonably calculated to affect wetlands that straddle Reservation boundaries, or over which jurisdiction is shared with some other governmental entity, the applicant shall forward copies of such application and proposed permit to the governmental entity affected by the issuance of such permit. The applicant shall provide notice to the Environment Division of such forwarding, and the Environment Division must allow at least 21 days for review and comment on such proposed permit prior to its issuance. "Governmental Entity" as used in this sub-part, refers solely and exclusively to the Governments of Akwesasne.