Tribal Zoning, Sovereignty in Action
Zoning Practice — November 2023
By Margo Hill, John Tovey, AICP
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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, AICP
J.D. Tovey is the Executive Director at the Umatilla Indian Reservation for 9 years, where he is also an enrolled tribal member. He was previously the Planning Director for nearly 10 yeras. Previously, he was a Senior Urban Designer in Florida from 2003-2008. J.D. has an undergraduate in Landscape Architecture from the University of Idaho, Masters of Urban Planning, Certificate of Urban Design and ABD on a PhD with a research focus on indigenous planning practice all from the University of Washington. J.D. is coauthor on 2 books exploring the nature of Indigenous Knowledge and Indigenous Decision Making, respectively.