Cherokee tribe now has Soil Erosion Control Ordinance

By Rose Hooper

The ordinance, passed in February by Tribal Council, applies to one acre or more of tribal land and took effect June 1.

"We've been working on putting this ordinance together for the past couple of years," said Carmen Horne-McIntyre, watershed coordinator. "We were shooting for half an acre, but our ordinance does address that."

The purpose of the ordinance is to try to control the vast amount of soil that is eroded each year. The ordinance establishes procedures for controlling the erosion.

The effects of soil erosion can be detrimental to our water, streams and private property, Horne-McIntyre said. "Thousands of tons of soil are washed away each year when heavy rains fall within the mountains. This occurs where the soil has been disturbed due to heavy equipment operation, mostly for housing and access road development."

According to Horne-McIntyre, housing development, along with commercial and private development, is one of the main factors for soil erosion on tribal lands.

The newly-enacted ordinance states, "No person shall initiate any land-disturbing uncovering one acre or more without having an erosion and sedimentation control plan approved by the tribe." The plan must be filed with the Environmental Planning Office at least 30 calendar days prior to the commencement of the proposed activity. That office has 30 days to notify those submitting the plan that it has been approved, approved with modification, approved with performance reservations or disapproved.

"Though land-disturbing activities that are less than an acre do not require a permit, we ask that people conducting these activities notify us. We also ask that they provide us with some basic information regarding the ways in which they plan to control runoff," said Horne-McIntyre.

Trout waters are clearly addressed in the ordinance. Waters designated as trout waters must have an undisturbed buffer zone 25 feet wide, or of sufficient width to confine visible siltations within the 25 percent of the buffer zone nearest the land-disturbing activity.

The Environmental Planning Office may issue a stop-work order if they find a violation. The tribe can also issue an injunction against violators.

"I think the enactment of this ordinance reflects the council's concern in protecting their natural resources of this area," said Horne-McIntyre.

"We have already had numerous calls come in from people who are requesting assistance with an existing erosion problem or who want advice on how they can avoid creating a problem with future projects."

To create public awareness of soil erosion and the new ordinance, the Cherokee Environmental Planning Office recently conducted a workshop. It was attended by tribal contractors and environmental planning staff, as well as representatives from other federally recognized tribes in this Environmental Protection Agency region.

For information on the new ordinance, call 497-1802.

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