Zoning on Indian Land
Law
Continued growth and development on a reservation can
have a negative impact if a tribe is not careful when protecting
its land. A strong, comprehensive plan, coupled with a
carefully devised zoning code,
allows a tribe to attract business
and industry while maintaining
the quality of land on
the reservation.
During this class, you’ll learn
how to develop and implement
a comprehensive plan and zoning
code to maximize reservation resources. In addition to basic
instruction on developing and implementing a zoning code for
managing economic growth on reservations, this course addresses
specific concerns regarding the regulation of non-Indians
and non-Indian land on reservations.
This class will give you the tools that you need to prepare a
detailed zoning code for your reservation. Our expert instructor
will guide you through the entire life cycle — from planning
and organization to development and adoption to implementation
and enforcement.
Topics that will be covered include:
Precursors to Zoning
- Introduction and basics
- Standard terminology
- Tribal authority
- Structure for planning:
- Enabling resolution
- Planning commission
- Planning staff
- Relationship between a zoning code and a comprehensive plan
- Public involvement and adoption
- Legality of land use regulation
Zoning Code — Basics
- Development of a zoning code
- Essential zoning code components
- Zones
- Use regulations
- Density controls
- Bulk regulations
- Common development standards
- Fences, landscaping, parking lots and signs
Zoning Code — Advanced Components
- Performance zoning alternative
- Adopting a zoning code
- Implementing a zoning code
- Uses — conditional, unclassified and nonconforming
- Variances
- Planned unit developments
- Floating zones
- Extended family housing
- Mobile/modular housing
- Home occupations
- Major/minor development permits
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Zoning Code Adoption
- Legislative process
- Developing a theme
- Role of the community
Zoning Code Implementation
- Permit process
- Considerations in quasi-judicial cases
- Rezoning
Enforcement and Legal Considerations
- Code enforcement
- Conflict of interest
- Land development regulations
- Burden of proof
- Protecting private property rights
- Trust land
- Allotted land
- Fee-simple land
- Protecting sacred land
- Limitations on tribal regulation
- Protecting private property rights
- Adjacent jurisdictions
- Case law
Sample Zoning Ordinances
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