Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

TUC.2.6.040 Selection Criteria

An Application may be approved in an area only when it is demonstrated to the Commission by the applicant that any significant adverse effects resulting from the location, construction, and operation of the Facility in that area as they relate to the following, will be at an acceptable minimum, or that those effects will be managed and maintained at an acceptable minimum. The effects to be considered include:

(a) With respect to wind energy conversion facilities:

(1) The impact of sound levels within one hundred feet of an inhabited residence or a community building exceeding fifty (50) dBA, unless waived in writing by the owner of the occupied residence or the community building.

(2) The impact of shadow flicker at any inhabited residence or a community building exceeding thirty (30) hours per year, unless waived in writing by the owner of the occupied residence or the community building.

(b) The impact upon agriculture:

(1) Agricultural production.

(2) Family farms and ranches.

(3) Land which the owner demonstrates has soil, topography, drainage, and an available water supply that cause the land to be economically suitable for irrigation.

(4) Surface drainage patterns and ground water flow patterns.

(5) The agricultural quality of the cropland.

(c) The impact upon the availability and adequacy of:

(1) Law enforcement.

(2) School systems and education programs.

(3) Governmental services and facilities.

(4) General and mental health care facilities.

(5) Recreational programs and facilities.

(6) Transportation facilities and networks.

(7) Retail service facilities.

(8) Utility services.

(d) The impact upon:

(1) Local institutions.

(2) Noise-sensitive land uses.

(3) Light-sensitive land uses.

(4) Rural residences and businesses.

(5) Aquifers.

(6) Human health and safety.

(7) Animal health and safety.

(8) Plant life.

(9) Areas critical to the life stages of threatened or endangered animal or plant species.

(10) Temporary and permanent housing.

(11) Temporary and permanent skilled and unskilled labor.

(e) The cumulative effects of the location of the Facility in relation to existing and planned facilities and other industrial development.

(f) The impact upon military installations, assets, and operations.