Tribal Zoning, Sovereignty in Action
Zoning Practice — November 2023
By Margo Hill, John Tovey, FAICP
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Planners cannot understand or do good planning in Indian Country or work with tribal governments without knowing some American Indian history or understanding the concepts of tribal sovereignty. Tribes are often the largest employers in their county and own federal trust lands off reservation. Federal law requires tribal consultation for environmental reviews in "usual and accustomed areas" and consultation for historic preservation. Planners and local communities will increasingly deal with tribes on water rights Issues.
The big picture challenge with zoning on tribal lands is coordination with neighboring jurisdictions and states for clear lines of communication and authority and recognition for an interest in regulating lands as a sovereign right. In practice, this will certainly vary across the nation depending on the relationship of tribal reservations with their local jurisdictions and states, but also their capacity to manage the regulation. Given the history of land disenfranchisement throughout the last three centuries, the call to action for planners is to meet the tribes where they are at, aid when appropriate, and include them in the discussions of land regulations.
This issue of Zoning Practice examines how federal tribal law affects the application of zoning to tribal lands. It provides a distilled history of tribal land management and disenfranchisement and explores how some tribal authorities use land-use and development regulations to advance tribal objectives.
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About the Authors
Margo Hill
John Tovey, FAICP
<p>J.D. Tovey, FAICP, is the Executive Director of the Confederated Tribes of the Umatilla Indian Reservation (CTUIR) in northeastern Oregon, where he is also an enrolled Tribal member. His career has taken him from urban design practice in Florida to nearly a decade as CTUIR's Planning Director and now to leading Tribal government operations, programs, and strategic initiatives.</p><p>Throughout his career, J.D. has worked at the intersection of Indigenous planning, community development, and governance, with a particular interest in how Indigenous knowledge, cultural values, and sovereignty shape the way communities plan for their futures. His work reflects a belief that planning is not simply about land use or physical development, but about people, relationships, cultural continuity, and the responsibility we have to future generations.</p><p>J.D. holds a Bachelor of Landscape Architecture from the University of Idaho and a Master of Urban Planning and Certificate in Urban Design from the University of Washington, where he also completed doctoral coursework focused on Indigenous planning, land tenure, and knowledge transfer. He is the co-author of two books exploring Indigenous knowledge systems and decision-making and has been actively involved in advancing Indigenous planning practice, professional education, and leadership within the American Planning Association.</p><p>J.D. holds a Bachelor of Landscape Architecture from the University of Idaho and a Master of Urban Planning and Certificate in Urban Design from the University of Washington. He also completed doctoral coursework (ABD) focused on Indigenous planning practice, land tenure and knowledge transference. He is the co-author of two books exploring Indigenous Knowledge systems and Indigenous decision-making and has contributed extensively to advancing Indigenous planning within the profession.</p>