Tribe taps brakes on development
A series of minor subdivision permit requests have received requests for denial from the Coeur d'Alene Tribal Council, reflecting a new awareness of growth and property demand, officials say.
The opposition is uncharacteristic for the Tribe, Kootenai County Community Development Director David Callahan said in a recent meeting with commissioners. Initially, he said, he believed the reasoning came from the recurring trend of major subdivision applications "masquerading" as minor developments to "sidestep" the more rigorous review process.
"Our codes are currently set up, so there is nothing to prevent you from doing a handful of (subdivisions) next to each other and thereby sidestepping what should be a major subdivision," Callahan said. "We do a significantly higher level of review for major subdivisions than we do from minors, and we get bigger streets that fit the highway district standards."
However, a letter from Coeur d'Alene Tribe's leader, Chief Allan, explained that the reasoning for denying a recent minor subdivision application was it violated the Tribe's Integrated Resource Management Plan. The plan, adopted in 2011, aims to "protect the health, welfare and economic development of the Tribe and its members."
"When that large-scale minor subdivision application came through, it really caught the Tribe off guard," Coeur d'Alene Tribe attorney Tyrel Stevenson said. "I think it exposed what could be viewed as a loophole in the planning code first of all, but also opened the Tribal Council's eyes to what's happening more broadly in the region."
The most significant impetus behind the opposition, Stevenson explained, is the impact of escalating property values, pressures to develop, and the repeated split of the property could have for the reservation's long-term health.
Under the plan, the subdivision application in question fell within the reservation's rural area, which is not designated for development.
"The Tribe is very concerned about continued development and would really like to engage with the county in a conversation about what that should look like," Stevenson said. "The Tribe views agricultural land as an irreplaceable commodity. Once it's developed, you can't go back from it, and that is something we see across the west."
Citing the U.S. v. Montana Supreme Court case, Allan's letter affirmed the denial based on the inherent power a Tribe retains to "exercise civil authority over the conduct of non-Indians on fee lands within its reservation" when it directly affects their political integrity, economic security, health or welfare.
"Tribal hunting, fishing, gathering and spiritual uses of the land are increasingly limited and threatened by other uses of the land such as residential, commercial, agriculture, forestry, recreation, utilities, and transportation," Allan's letter states. "This project presents a threat to the Tribe's health and welfare."
Historically, county counsel Pat Braden said, when a development project is proposed on land within the reservation, the county's community development department refers it to the Tribe for comment.
Callahan and Braden said they have never seen the case law used by the Tribe in a land-use case before.
With a pattern of Tribe denials on large and minor subdivisions, Braden explained it would be tough to justify approval over the objection of the Tribe.
"We should deny these things when the Tribe recommends denial because they're an agency with jurisdiction," Callahan said. "In the past, we routinely approved these kinds of things. Now we'd be routinely turning them down, and I expect to get a public uproar over that."
Stevenson said the last thing the Coeur d'Alene Tribe wants to do is harm the Tribe's relationship with agencies or community members. Instead, they hope to start a conversation about land use management to protect Tribal land and private property rights.
While the Tribe has opposed recent applications, Stevenson said the council is still willing to work with developers to iron out disagreements.
"Private property rights are a very important right that the Tribe recognizes," Stevenson said. "The right to subdivide is something that agencies with jurisdiction have the police power to regulate, and that's something that I think the Tribe would very much appreciate a conversation about in that area."
Commissioners and staff agreed that opening a dialogue with the Coeur d'Alene Tribal Council on land use matters would be beneficial moving forward in a time of rapid growth.
