(1) An applicant must obtain a land use certificate of consistency or land use certificate for conditional use for their development permit. The certificates may be obtained from the Director with recommendations from Natural Resources and THPO.

(2) Once an initial application is deemed complete by the Director, the planned development activity shall be compared to the land use plan for the parcel(s) on which the activity is planned. The proposed development activity shall be evaluated as to its:

(3) A certificate of consistency shall be issued for any development permit application which meets the above standards. A certificate for conditional use may be granted if the development activity meets the standards above except subsection (2)(a) of this section and is found to have little to no threat to the natural resources, cultural resources, or development plans of the Tribe. A certificate for conditional use may include limitations on the development activity or an explanation of the conditions which are not directly in line with the Tribe’s land use plans.

(4) The entire development permit application may be denied by the Director at this level of review if it does not meet the Tribe’s land use plan, or the development activity is otherwise found to be inconsistent with tribal goals or a threat to tribal environmental or cultural resources. If the development permit application is denied, the Director shall notify the applicant and explain the reason for denial.

(5) If the development permit application is granted either a certificate of consistency or certificate of conditional use, the Director shall notify the applicant that the development permit application is to be subject next to environmental and cultural review. [Res. 2023-09-004 § 1, 2023; Res. 2021-11-001 § 7 (Att. A), 2021.]