Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

5.06.080 Granting Permits

(a) In granting, denying or limiting any permit, the Environment Division shall consider the effect of the proposed activity on Tribal health and welfare, fishing, flood and storm dangers, water quality and protection and enhancement of the wetlands and the benefits derived from wetlands as set forth in Section 5.06.020(e) of this chapter.

(b) No permit shall be granted under this section unless the proposed activity is consistent with the land use regulations applicable, now, or in the future.

(c) In granting a permit, the Environment Division may limit the permit or impose conditions designed to carry out the public policy set forth in this chapter. The Director of the Environment Division may issue citations, suspend, or revoke a permit if it finds that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of the activity as set forth in the application. Environment Division suspension and revocation proceedings shall be governed by rules and regulations to be adopted by the Environment Division.

(d) In the event that the Director of the Environment Division determines that a violation constitutes a serious, ongoing threat to Tribal health and safety, or to any Tribal member, the Director may request that the Tribal Council issue a cease and desist order to carry out the purposes of this chapter.

(e) The Environment Division shall state with a written record the findings and reasons for all actions taken under to this section.

(f) Application to the Environmental Appeals Board for review of the determination of the Environment Division must be made within a period of thirty days after the filing such determination, pursuant to the provisions of Title IV. Any owner of the wetland and any resident or citizen in close proximity shall be entitled to seek review.