Shoreline Protection

Tribal Jurisdiction

The Coeur d'Alene Tribe has exercised exclusive sovereignty and dominion over the submerged lands and waters within the area now known as the Coeur d'Alene Reservation since time immemorial. On June 21, 2001, the United States Supreme Court, in Idaho v. The United States and Coeur d'Alene Tribe; 533 U.S. 262 (2001),reaffirmed the Coeur d'Alene Tribe's exclusive use and occupancy of Tribal waters and submerged lands. In Chapter 44 of the Coeur d'Alene Tribal Law and Order Code, the Tribe adopted regulations governing the use of these submerged lands and waters within the Tribe's Reservation. Regulation of these uses is an essential governmental function of the Tribe and the Tribal and public health, safety and welfare requires that any allowed use of an encroachment upon these waters and submerged lands be regulated to protect water quality and quantity, navigation, fish and wildlife habitat, aquatic life, aesthetic beauty and Tribal values.

The Coeur d'Alene Tribe has chosen to permit non-Tribal members the privilege to use these waters and submerged lands in certain specific, well-defined ways. This non-Tribal member use is by permission only and is to be narrowly construed. Except as specifically otherwise authorized by Coeur d'Alene Tribal Law and Order Code and Tribal Encroachment Standards, it is the intent of the Tribe to reserve for enrolled members of the Coeur d'Alene Tribe the exclusive use and occupancy of all waters within the Reservation and of all submerged lands underlying navigable waters within the Reservation.

The map above depicts the navigable waters under regulatory authority of the Coeur d'Alene Tribe and an overview of the level of encroachment on Tribal Waters.

In 2003, the Coeur d'Alene Tribe established the Lake Management Department and charged it with developing a Shoreline Protection program. The Department was established as the regulatory body over navigable waters within the Coeur d'Alene Indian Reservation. Since that time much work has been done, including the large-scale task of inventorying most of the nearly 535 encroachments.

In addition to the creation of the Lake Management Department, a Coeur d'Alene Tribe Lake/River Board was established. The Board consists of five members appointed by the Tribal Council; three Tribal members one of which is appointed by the Council to serve as Chairman of the Board and two community members of the general Reservation Community, tribal members or not, residing on or off Reservation with special consideration given to recommendations by the Benewah and Kootenai County Commissioners for one of the positions. The Board was established to hear appeals from Tribal staff encroachment determinations and issue decisions, reconsider its own decisions, and make recommendations to Tribal Council on legal actions regarding encroachment on Tribal Waters.

Moratorium and Encroachments Inventory

A temporary moratorium on the construction of new encroachments, including docks, was placed in April of 2003. The intent of that moratorium was for the expressed purpose of providing time to complete an inventory of all existing encroachments and to develop Tribal Encroachment Standards. There was no time frame associated with completing the inventory but it was expected to take three years to complete.

The function of a comprehensive inventory was to describe the current conditions so that the Tribe could move forward with developing a long-term strategy for managing the growth of private structures on Tribal Waters in a manner that was protective of the Lake, human health and safety, assuring all docks are were in good condition and enhanced property values.

Information collected during the inventory included: type and condition of dock floatation and decking, number and condition of pilings, size and configuration of dock, number of slips per dock, and dock density. Additional information collected regarding commercial operations, boat garages, and floathomes included: water use, septic system construction, and the storage and use of petroleum and other hazardous chemical products in the vicinity of the Lake.

The additional task of developing formal Encroachment Standards relevant to all encroachments; docks, floathomes, boat garages, etc. within Tribal Waters on Coeur d'Alene Lake was completed through a cooperative effort with multiple impacted lake user groups and state and federal government agencies. On June 30, 2005 the Tribe formally adopted those Standards. These standards will address all forms of encroachment on Tribal Waters, many of which were not yet identified and addressed in the interim standards in place during the moratorium. Applications for new docks will be accepted and approval will occur under the well-defined conditions outlined within the Encroachment Standards.

Encroachment Standards Development

The Encroachment Standards are intended to allow use of Tribal Waters under well-defined conditions as stated in Tribal Code. Encroachment structures are allowed only when they support an historic use that requires a structure and that the Tribe wishes to continue or a new use that provides a benefit to the public or the Tribe.

In recognition of the various interests and uses of Tribal Waters by non-members the Tribe chose to invite several local user groups and entities to be involved in the development of the Tribal Encroachment Standards, this group was later termed the Standards Advisory Group (SAG). The SAG was a very important part of development, consisting of 14 members that would be directly affected by the Encroachment Standards. Local entities represented included commercial dock builders, commercial marinas, Idaho Department of Lands, Idaho Parks and Recreation, local lake shore associations including Coeur d'Alene Realtors' Association and Coeur d'Alene Home Owners Association, several community dock members, individual dock owners, Coeur d'Alene Tribe Lake Management Department staff and members of the Lake Management Board. Four meetings were held on a weekly basis in March, input provided by all members in attendance was incorporated into pertinent sections within the Standards and a preliminary draft was prepared for proposal to the Lake Management Board.

The Draft Encroachment Standards were presented to the Lake Management Board on April 11, 2005. After a brief comment period, Board Member comments were incorporated into the final draft. As stated above the Encroachment Standards were then presented to the Coeur d'Alene Tribal Council on June 30, 2005 and adopted.