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LTBB Master Land Use Plan - Little Traverse Bay Bands of Odawa ...

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development patterns in the Reservation area, as well as the direction the larger<br />

community is taking. This, and the priorities <strong>of</strong> the tribal membership, can only be<br />

addressed by a <strong>Master</strong> <strong>Land</strong> <strong>Use</strong> <strong>Plan</strong>. The <strong>Plan</strong> is a policy guide for Tribal<br />

decision-making. It does not carry the force <strong>of</strong> law or statute, but may be utilized to<br />

generate Tribal statutes or other public policy tools as may be necessary for the<br />

Tribal Council to achieve the goals and objectives in the <strong>Plan</strong>.<br />

a. The <strong>Plan</strong> will be a resource document for Tribal Council and staff to gauge<br />

how the proposed acquisition will “fit” and whether it is advisable to<br />

pursue.<br />

b. The Policy, developed from the <strong>Plan</strong>, will provide the guidance on what<br />

types <strong>of</strong> acquisitions should be pursued, and what factors any particular<br />

acquisition should be judged against.<br />

c. The <strong>Plan</strong> is not a substitute for detailed site planning and site plan review <strong>of</strong><br />

proposed developments, either Tribal or otherwise. While the Tribe’s<br />

“<strong>Land</strong> Base Restoration <strong>Plan</strong>” (last updated in 1999) provides general<br />

direction for which uses the initial tribal land acquisitions should be put to,<br />

they and all other development sites still must rely on original and on-site<br />

data gathering for best results.<br />

2) Governmental Context. As a practical matter, the <strong>Little</strong> <strong>Traverse</strong> <strong>Bay</strong> <strong>Bands</strong> <strong>of</strong><br />

<strong>Odawa</strong> Indians only has jurisdiction over land use on property it owns and has<br />

placed in trust. This means that land use decisions elsewhere are made at the<br />

Township, City, or County level, depending on who has been granted zoning<br />

authority. Thus, any land use plan developed by the Tribe must take other plans<br />

into consideration. Therefore, a great deal <strong>of</strong> our analysis focused on these<br />

“external” plans and ordinances.<br />

The external reservation boundaries <strong>of</strong> the <strong>LTBB</strong> encompass 12 Townships, 3 Cities<br />

and 2 Villages or Names Places. This, in addition to the County governments <strong>of</strong><br />

both Emmet and Charlevoix, as well as sometimes distinct or overlapping Federal<br />

authority can create a jurisdictional patchwork that is sometimes difficult to<br />

negotiate. Nevertheless, and largely because <strong>of</strong> the sovereignty <strong>of</strong> the Tribe, any<br />

land use decisions made at any level <strong>of</strong> government can have an impact on all the<br />

others.<br />

3) Process. To create a <strong>Master</strong> <strong>Land</strong> <strong>Use</strong> <strong>Plan</strong> for the tribe, a great many factors must<br />

be considered. This includes information about trends in the larger population,<br />

tribal populations, current and historic land use information, and the capability <strong>of</strong><br />

the land itself to support development.<br />

Traditionally, future land use plans and policies are based on elements such as:<br />

a. The needs and desires <strong>of</strong> the citizenry and elected public <strong>of</strong>ficials, in this<br />

case citizens <strong>of</strong> the <strong>Little</strong> <strong>Traverse</strong> <strong>Bay</strong> <strong>Bands</strong> <strong>of</strong> <strong>Odawa</strong> Indians and it’s<br />

Tribal Council;<br />

b. The location, number, and quality <strong>of</strong> existing public facilities<br />

(infrastructure) such as roads, water, sewer, parks, and other elements <strong>of</strong><br />

the built environment;<br />

4

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