National Association of Counties * Washington, DC / Vol. 30, No. 8 * April 27, 1998

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Over the last few years, a growing number of counties and cities have rallied together to meet the common needs of their communities. This has been especially true in the area of land use planning, a top priority for county and city officials, alike.

But what do you do when your jurisdictional boundaries overlap those of a tribal community that has historically exercised a system of self-governance over the lands within its reservation's boundaries? How do counties and tribal communities resolve land use conflicts?

When presented with this same question, Nick Zaferatos, planning director for the Swinomish Tribal Community stated simply, "Well, you work together, closely."

Speaking from experience, Zaferatos, in conjunction with other county and tribal officials, has been involved in developing a land use partnership between the Swinomish Tribal Community and Skagit County, Wash. Currently, this historic partnership is the only tribal/county partnership of its kind in the United States.

Their partnership began in 1987 when the two governments entered into their first Memorandum of Understanding (MOU) to cooperatively develop a joint, comprehensive land use plan. On Tuesday, April 14, representatives of both governments signed their second Memorandum of Understanding, outlining the administration of the land use plan.

Under the administrative MOU, the tribe and county will work together to jointly review and consult on proposals for land use actions on the nearly 3,800 acres of free land of common interest to the governments.

In addition, the MOU calls for the formation of a five-member advisory board with two representatives designated by the tribe, two made by the county and one made jointly.

Beginning at the advisory board level, each government has four opportunities to reach an understanding on a proposed land use before the expensive, drawn-out process of litigation is even considered. As outlined in the MOU, the advisory board will mediate, in the event that a settlement "regarding land use actions cannot be reached by means of cooperative problem-solving and consensus-based negotiations." If the advisory board is unsuccessful in bringing about an agreement, the issue will be forwarded to the county planning commission/hearing examiner and the tribal planning commission.

If a consensus not be reached by the commissions, the issue will then be forwarded to the Tribal Senate and the Board of County Commissioners. In the event that an agreement fails to be reached "each government will issue its decision and be free to pursue its interests independent of the other government." In other words, the two parties could take the matter to court.

The administrative MOU has been a model in the works for the last 12 years, according to Zaferatos. Prior to November 1986, the tribe and county had no formal mechanism to work together on planning issues.

In 1986 however, a working group comprised of representatives from both governments was formed to begin deliberations on the process for their joint partnership for sustainable land use planning.

Their efforts resulted in the first MOU between Skagit County and the Swinomish Indian Tribal Community, created and signed in March 1987, which established the joint tribal/county planning process and specified the commitments from both sides.

After nearly a decade of joint planning, each government formally enacted their separate but compatible land use plans. The 1987 MOU established a concept for the eventual joint administrations of the plan. The memorandum does not limit or waive the regulatory powers or jurisdiction of either party.

Cooperation between the tribe and local state governments did not end with land use agreements. Since 1986, more than a dozen similar, interlocal agreements have been entered into between the tribe and state, regional and local governments.

The agreements cover such diverse topics as law enforcement cooperation, regional water supply coordinated planning, technical studies to ensure minimum stream flows to protect fishery resources and technical assistance agreements with the state Department of Ecology in the administration of tribal and federal NPDES point source permits.

While disagreements in public policy matters will inevitably arise, the expectation is that now firmly established through cooperative approach, disputes will be resolved directly through discussions by the affected parties rather than through judicial proceedings.

For more information on this partnership, contact Zaferatos at 360/466-7203 or Gary Christensen, Skagit County Planning Department, at 360/336-9410.

For more information on the Joint Center for Sustainable Communities, contact the Joint Center's Clearinghouse at 800/696-1667 or on the Web at www.naco.org/sustain/index.htm.