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Kittitas County Code

Title 17A | CRITICAL AREAS

Chapters
17A.01 Statutory Authorization, Purpose and Objectives
17A.02 Definitions
17A.03 Administration
17A.04 Critical Areas Designation and Development Standards
17A.05 Frequently Flooded Areas
17A.06 Geologically Hazardous Areas
17A.07 Habitat
17A.08 Aquifer Recharge Areas
17A.55 Repealed


Chapter 17A.01
STATUTORY AUTHORIZATION, PURPOSE AND OBJECTIVES

Sections
17A.01.010 Statutory authorization.
17A.01.015 Purpose and objectives.
17A.01.020 New critical areas.

17A.01.010 Statutory authorization.
The Washington State Legislature requires local governments who plan under RCW 36.70A.040 to designate critical areas and adopt development regulations concerning critical areas. (RCW 36.70A.170 and 36.70A.060.) In adopting these regulations, the county has considered the guidelines established pursuant to RCW 36.70A.050. (Ord. 94-22 (part), 1994).

17A.01.015 Purpose and objectives.
This critical areas chapter is intended to set forth the procedure by which critical areas are designated, and to protect critical areas, pursuant to RCW 36.70A.170 (designation) and RCW 36.70A.060 (development regulations). All regulations established herein may not prohibit uses permitted prior to their adoption and shall remain in effect until Kittitas County adopts permanent development regulations pursuant to RCW 36.70A.120. (RCW 36.70A.060(1)). (Ord. 94-22 (part), 1994).

17A.01.020 New critical areas.
This critical areas chapter is based upon Washington State law and the various maps and regulations referenced herein as of the date of the adoption of the ordinance codified in this chapter. Subsequent amendment of state law, or identification by the state of new information concerning critical areas, or the listing by the state of new threatened, endangered, or sensitive species will not be deemed by the county to automatically amend this chapter. This chapter is based upon the law, information, public comment, and scientific study as of the date of its adoption. A change in any of these factors may lead to future amendment of this chapter, but only after complying with the normal requirements for amending county ordinances. It is the policy of Kittitas County to insure that any amendments to this chapter will only occur after landowners and county residents have an opportunity for significant participation and consultation. (Ord. 94-22 (part), 1994).

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Chapter 17A.02
DEFINITIONS

Sections
17A.02.010 Agriculture.
17A.02.020 Areas with a critical recharging effect on aquifers used for potable water.
17A.02.030 Base flood.
17A.02.040 Big game winter range.
17A.02.050 Buffer.
17A.02.060 Critical areas.
17A.02.070 Development.
17A.02.080 Erosion hazard areas.
17A.02.090 Fish and wildlife habitat conservation areas.
17A.02.100 Flood fringe.
17A.02.110 Flood protection elevation.
17A.02.120 Floodplain.
17A.02.130 Floodway.
17A.02.140 Frequently flooded area.
17A.02.150 Geologically hazardous areas.
17A.02.160 Groundwater.
17A.02.170 Hazardous materials.
17A.02.180 Irrigation.
17A.02.190 Irrigation system.
17A.02.200 Landslide hazard areas.
17A.02.210 Mine hazard areas.
17A.02.220 Native vegetation and fauna.
17A.02.230 Priority species habitats.
17A.02.240 Priority animal species.
17A.02.250 Riparian habitat.
17A.02.260 Seismic hazard areas.
17A.02.270 Species of local importance.
17A.02.280 Volcanic hazard area.
17A.02.290 Water rights.
17A.02.300 Waters/water typing system.
17A.02.310 Wetlands.
17A.02.320 Wetland buffers.
17A.02.330 Wetland replacement ratio.

17A.02.010 Agriculture.
"Agriculture" is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, and harvesting for the production of crops and pasture; soil and water conservation practices; the creation and maintenance of farm or stock ponds, irrigation ditches, drainage ditches, underground drainage systems, fences and farm roads, the control of noxious weeds, and includes any associated structures, appurtenances, equipment, or activities. (Ord. 94-22 (part), 1994).

17A.02.020 Areas with a critical recharging effect on aquifers used for potable water.
"Areas with a critical recharging effect on aquifers used for potable water" are areas where an aquifer that is a source of drinking water is vulnerable to contamination that would effect the potability of the water. (WAC 365-190-030(2)). (Ord. 94-22 (part), 1994).

17A.02.030 Base flood.
"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year. (Ord. 94-22 (part), 1994).

17A.02.040 Big game winter range.
"Big game winter range" means wintering areas used by deer, elk, and bighorn sheep. The wintering areas are owned or leased by the Washington Department of Fish and Wildlife. These lands also provide significant habitat for other species and constitute wildlife conservation areas. (Ord. 94-22 (part), 1994).

17A.02.050 Buffer.
"Buffer" means an area which is an integral part of a critical area and which enhances its protection. (Ord. 94-22 (part), 1994).

17A.02.060 Critical areas.
"Critical areas" are: (1) wetlands; (2) areas with a critical recharging effect on aquifers used for potable water; (3) fish and wildlife habitat conservation areas; (4) frequently flooded areas; and (5) geologically hazardous areas. (Ord. 94-22 (part), 1994).

17A.02.070 Development.
"Development" constitutes any activity specified in Section 17A.03.015. (Ord. 94-22 (part), 1994).

17A.02.080 Erosion hazard areas.
"Erosion hazard areas" are those geologically hazardous areas containing soils which may experience or have experienced a severe to very severe surface erosion process. (Ord. 94-22 (part), 1994).

17A.02.090 Fish and wildlife habitat conservation areas.
"Fish and wildlife habitat conservation areas" are:

  1. Those lands in Kittitas County owned or leased by the Washington State Department of Fish and Wildlife;
  2. Those lands donated to or purchased by Kittitas County for corridors pursuant to RCW 36.70A.160;
  3. Wetlands;
  4. Big game winter range;
  5. Riparian habitat;
  6. Habitats for species of local importance. (Ord. 94-22 (part), 1994).

17A.02.100 Flood fringe.
The "flood fringe" is the area between the floodway and the boundary of the one-hundred-year floodplain. The flood fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the water surface elevation of the one-hundred-year floodplain more than one foot at any point. (Ord. 94-22 (part), 1994).

17A.02.110 Flood protection elevation.
The "flood protection elevation" is considered under the Kittitas County Flood Damage Prevention Ordinance #93-18 to be one foot above the base flood elevation. (Ord. 94-22 (part), 1994).

17A.02.120 Floodplain.
The "floodplain" means those lands or areas which are subject to a one percent or greater chance of flooding in any given year or within the one-hundred-year floodplain. (Ord. 94-22 (part), 1994).

17A.02.130 Floodway.
The "floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. (Ord. 94-22 (part), 1994).

17A.02.140 Frequently flooded area.
"Frequently flooded areas" means the one-hundred-year floodplain, which are lands subject to a one percent or greater chance of flooding in any given year, as designated by the Federal Emergency Management Agency Federal Insurance Rate Map for Kittitas County. (Ord. 94-22 (part), 1994).

17A.02.150 Geologically hazardous areas.
"Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of major commercial, residential, or industrial development consistent with public health or safety concerns without proper engineering consideration and design. The term commercial should not be construed to include natural resource activities. (Ord. 94-22 (part), 1994).

17A.02.160 Groundwater.
"Groundwater" means all water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves, as defined in RCW 90.44.035. (Ord. 94-22 (part), 1994).

17A.02.170 Hazardous materials.
"Hazardous materials" is defined identically to the definition contained in state law at RCW 70.102.010. It means those substances or materials identified as such under regulations adopted pursuant to the Federal Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Resource Recovery and Conservation Act, the Comprehensive Environmental Response Compensation and Liability Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Occupational Safety and Health Act Hazardous Communications Standards, and the State Hazardous Waste Act. (Ord. 94-22 (part), 1994).

17A.02.180 Irrigation.
"Irrigation" is the artificial application of water to land, from either surface or groundwater sources. (Ord. 9422 (part), 1994).

17A.02.190 Irrigation system.
"Irrigation system" means all related water and access rights, structures, and equipment, including but not limited to standpipes, weir boxes, pipelines, ditches, pump houses, power sources, culverts, spur lines, laterals, irrigation sprinklers, and any other artificial conveyance of water for agricultural purposes. Portions of streams utilized for return flows also constitute part of the irrigation system. (Ord. 94-22 (part), 1994).

17A.02.200 Landslide hazard areas.
"Landslide hazard areas" are geologically hazardous areas subject to severe risk of landslide based on a combination of geologic, topographic, and hydrologic factors, including bedrock, soil, slope gradient, slope aspect, geologic structure, groundwater, or other factors. (Ord. 94-22 (part), 1994).

17A.02.210 Mine hazard areas.
"Mine hazard areas" are geologically hazardous areas, directly underlain by, adjacent to, or affected by abandoned mine workings such as adits, tunnels, ducts or air shafts with the potential for creating large underground voids susceptible to collapse. Closed and abandoned mines shall be presumed not hazardous unless specifically identified by the U.S. Department of Mines or other relevant information. (Ord. 94-22 (part), 1994).

17A.02.220 Native vegetation and fauna.
"Native vegetation and fauna" means plant and animal species which are indigenous to the area or location in question. (Ord. 94-22 (part), 1994).

17A.02.230 Priority species habitats.
"Priority species habitats" are fish and wildlife habitat conservation areas that include a seasonal range or habitat element in which a priority species is located, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. The Washington State Department of Wildlife has preliminarily identified priority habitats and species on its maps. However, the unique land ownership patterns and terrain of Kittitas County result in the majority of the priority species habitats being located on big game winter range, riparian habitat, and wetlands, all as defined herein. (Ord. 94-22 (part), 1994).

17A.02.240 Priority animal species.
"Priority animal species" are designated by the state of Washington as endangered, threatened, or sensitive, pursuant to Chapter 232-12 WAC as of the date of the adoption of the ordinance codified in this chapter. Priority animal species have a primary association with priority animal species habitat as defined in Section 17A.02.230. (Ord. 94-22 (part), 1994).

17A.02.250 Riparian habitat.
"Riparian habitat" is an area adjacent to rivers, streams or lakes that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. The state of Washington has adopted a classification system for identifying riparian habitat, WAC 222-16-030, Water Typing System, Forest Practices Rules. Riparian habitat for purposes of this chapter is deemed to be Type 1, 2, 3, and portions of Type 4 and 5 waters as provided herein, under the state classification system. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.02.260 Seismic hazard areas.
"Seismic hazard areas" are geologically hazardous areas subject to risk of earthquake damage. (Ord. 94-22 (part), 1994).

17A.02.270 Species of local importance.
"Species of local importance" are fish and wildlife species that are of local concern because of their population status or their sensitivity to habitat manipulation. (Ord. 94-22 (part), 1994).

17A.02.280 Volcanic hazard area.
"Volcanic hazard areas" are geologically hazardous areas that are subject to inundation by pyroclastic flows, lava flows, inundation by debris flows, mudflows, lahars, or related flooding resulting from volcanic activity. (Ord. 94-22 (part), 1994).

17A.02.290 Water rights.
"Water rights" are those rights defined in state law, including RCW 90.03.010 and 90.44.035, as well as those rights subject to adjudication and determined pursuant to the water basin adjudication generally described as State of Washington v. Acquavella.

In defining water rights for purposes of this critical areas ordinance, no water rights as determined under state law, including the Acquavella litigation, are available for fish or wildlife habitat, and may not be considered for purposes of application of this critical areas ordinance.

Water rights and waters covered by the stipulation entered in the Acquavella adjudication, as to all sub-basins in Kittitas County, dealing with water rights as confirmed for Nondiversionary stock and wildlife watering shall not be considered for purposes of application of this critical areas ordinance. The stipulation referred to is incorporated by reference, and set forth as follows for clarity.

  1. Waters in natural watercourses in the subbasin shall be retained when naturally available, in an amount not to exceed 0.25 cubic foot per second (cfs), for stock water uses in such watercourses as they flow across or are adjacent to lands, which are now used as pasture or range for livestock. Retention of such water shall be deemed senior (or first) in priority, regardless of other rights confirmed in this cause. Regulation of these watercourses by the plaintiff shall be consistent with such retention requirements.
  2. Water in natural watercourses in the subbasin shall be retained when naturally available, in an amount not to exceed 0.25 cubic foot per second (cfs), for wildlife watering uses in such watercourses as they flow across or are adjacent to lands, which are now used as pasture or range for wildlife. Retention of such water shall be deemed senior (or first) in priority.
  3. Waters in naturally occurring ponds and springs (with no surface connection to a stream) in the subbasin shall be retained for stock water uses, when such ponds and springs are located on or adjacent to lands which are now used as pasture or range for livestock. Said uses embody entitlement to a level in the water bodies sufficient to provide water for animals drinking directly therefrom while ranging on riparian lands, and with the same priority as provided in paragraph 1. Regulation of the ponds and springs by the plaintiff shall be consistent with such retention requirements.
  4. Waters in naturally occurring ponds and springs (with no surface connection to a stream) in the subbasin shall be retained for wildlife watering uses, when such ponds and springs are located on or adjacent to lands which are now used as pasture or range for wildlife. Said uses embody entitlement to a level in the water bodies sufficient to provide water for wildlife drinking directly therefrom while ranging on riparian lands, and with the same priority as provided in paragraph 2. Regulation of the ponds and springs by the plaintiff shall be consistent with such retention requirements.
  5. Nothing in this stipulation mandates that any lands, associated with water rights or water retention as provided herein shall be reserved for wildlife purposes.

(Ord. 94-22 (part), 1994).

17A.02.300 Waters/water typing system.
"Waters" includes all surface waters not otherwise owned pursuant to water rights established under state law, as defined in Section 17A.02.290. A "water typing system" is a classification system for certain streams, lakes and ponds. The state of Washington for its purposes has adopted a five-tier typing system in WAC 222-16-030. For purposes of this chapter, Kittitas County adopts five classification types. Types 1, 2, 3, 4 and 5 waters are adopted and are classified according to the following system for the purposes of this chapter:

"Type 1 waters" means all waters, within their ordinary high water mark (OHWM), as inventoried as "shorelines of the state" under Chapter 90.58 RCW, but not including those waters' associated wetlands as defined in Chapter 90.58 RCW.

"Type 2 waters" means segments of natural waters not classified as Type 1 and have a high fish, wildlife, or human use.

"Type 3 waters" means segments of natural waters which are not classified as Type 1 or 2 and have a moderate to slight fish, wildlife, or human use.

"Type 4 waters" are segments of natural waters within Kittitas County which are not classified as Type 1, 2 or 3 and have a channel width of two feet or more between the ordinary high water marks.*

"Type 5 waters" are segments of natural waters within Kittitas County which are not classified as Types 1, 2, 3 or 4 waters and have a channel width of two feet between the ordinary high water marks, including streams with or without well-defined channels.*

*Type 4 and 5 waters are not truly waters, but are waterways which are intermittent in nature and may be dry beds at any time of the year.

(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.02.310 Wetlands.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, agricultural fields or areas of agricultural activities that exhibit wetland characteristics due to the introduction or influence of irrigation waters to those fields, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The introduction or influence of irrigation waters to agricultural fields or areas of agricultural activities which cause those areas to exhibit wetland characteristics, even though the areas were nonwetland sites prior to the introduction or influence of irrigation waters, is defined in this section. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county.

This definition is taken from the statutory definition at RCW 36.70A.030(17). This statutory definition of wetlands specifically exempts a number of intentionally created wetlands, including but not limited to those related to irrigation systems. Due to the inherent design of most irrigation systems, such systems are reasonably and foreseeably expected to result in some leakage or seepage. Such seepage or leakage is a normal result of utilization of irrigation systems and is deemed for purposes of this chapter to be an artificial wetland intentionally created from a nonwetland site, and therefore such areas do not constitute wetlands.

Furthermore, the phrase "normal circumstances" in this definition shall be defined as set forth by the United States Army Corps of Engineers in its Regulatory Guidance Letter 90-7 dated September 26, 1990, which is incorporated herein by reference. The letter deals with prior converted farmland, which may have been cropped prior to December 23, 1985. (Ord. 9515 (part), 1995; Ord. 94-22 (part), 1994).

17A.02.320 Wetland buffers.
"Wetland buffers" or "wetland buffer zones" are areas that surround and protect a wetland from adverse impact to the natural functions and values of the designated wetland. (Ord. 94-22 (part), 1994).

17A.02.330 Wetland replacement ratio.
Wetland replacement ratio refers to the act of providing on-site compensation or mitigation for disturbed wetlands as a result of development. The replacement ratio is the amount of new wetland areas required for those disturbed wetlands. The term is used in Section 17A.04.050 in regards to restoration or creation of wetlands equivalent to or greater than those altered in order to compensate for wetland loss. (Ord. 94-22 (part), 1994).

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Chapter 17A.03
ADMINISTRATION

Sections
17A.03.010 Lands to which this chapter applies.
17A.03.015 Land use activities to which this chapter applies.
17A.03.020 Exempt land use activities.
17A.03.025 Preliminary identification of critical areas - Maps and reference material.
17A.03.030 Conflict between critical areas ordinance and critical areas policy document.
17A.03.035 Critical area checklist and required information.
17A.03.040 Processing of critical areas checklist and information.
17A.03.045 Coordination with the State Environmental Policy Act and other concurrent permitting.
17A.03.050 Appeal deadlines.
17A.03.055 Inventory of available information.
17A.03.060 Request for technical assistance.
17A.03.065 Property rights.
17A.03.070 Conservation moneys.
17A.03.075 Economically feasible mitigation efforts.
17A.03.080 Noncompliance.
17A.03.085 Warning and disclaimer of liability.
17A.03.090 Severability.

17A.03.010 Lands to which this chapter applies.
Lands to which this chapter applies. This chapter applies to lands within unincorporated Kittitas County, including both Washington State-owned lands and privately owned lands. Application of this chapter to specific parcels shall be based upon the general guidance of the Kittitas County critical areas policy document, coupled with the more specific provisions of this critical areas development ordinance, pursuant to the requirements of Chapter 36.70A RCW. (Ord. 94-22 (part), 1994).

17A.03.015 Land use activities to which this chapter applies.
Land use activities to which this chapter applies.

  1. The following land use activities shall be subject to and coordinated with the requirements of this chapter:
    1. Any activity which is not exempt from a threshold determination under the State Environmental Policy Act, as subject to the threshold exemptions established by the county SEPA ordinance;
    2. Any activity which requires approval through a public hearing process under county ordinance;
    3. Rezones;
    4. Long plats;
    5. Short plats;
    6. Shoreline substantial development permits;
    7. Shoreline conditional uses;
    8. Shoreline variances;
    9. Zoning conditional use permits;
    10. Replats;
    11. Conversion of forest land to nonforest land uses;
    12. Filling and draining of Class 1 - 4 wetlands, except as otherwise provided herein;
    13. New residential building permits on all lots twenty acres or less shall comply with buffer requirements and restrictions in Chapters 17A.05 and 17A.08;
    14. All building permits must comply with Section 17A.05.10, which requires compliance with the county's flood prevention ordinance;
    15. Building permits.
  2. Critical area protection which is imposed as a result of any of these listed activities will not be required until existing and ongoing activities cease to exist. Any construction related to the permit, including project related movement of dirt, will trigger protection of critical areas. (Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.03.020 Exempt land use activities.
Exempt land use activities. The following land use activities are exempt:

  1. Land use activities regulated administratively, except as provided in Section 17A.03.015(a) "land use activities to which this chapter applies", including but not limited to septic tank installation, public or private water conservation projects, and any land use activity which does not require either public hearing approval or is categorically exempt under the State Environmental Policy Act.
  2. Existing and ongoing agricultural and irrigation activities, including such activities on land or portions of land subject to the nonexempt activities in Section 17A.03.015(a).
  3. Activities involving artificially created habitat, including but not limited to grass-lined swales, irrigation systems and drainage ditches, farm ponds, detention facilities such as ponds, and landscape features, including any adjacent riparian habitat created or resulting from these activities, except for wetlands or habitat areas created as mitigation.
  4. Forest practices conducted in accordance with the provisions of Chapter 76.09 RCW and forest practice regulations Title 222 WAC, and which are exempt from Kittitas County jurisdiction.
  5. Reconstruction as a result of destruction by a natural disaster or disintegration over time, maintenance, or remodeling of structures, provided that such reconstruction, maintenance, or remodeling does not involve an expansion of the structure's footprint when located within a critical area. Any such activity shall nevertheless comply with the county's flood damage prevention ordinance, No. 93-18.
  6. Construction, maintenance, repair, or replacement of Kittitas County permitted or franchised utility facilities.
  7. Educational activities, scientific research, and outdoor recreational activities, including hunting and fishing.
  8. Emergencies that threaten the public health, safety and welfare, including private or public property.
  9. Existing and ongoing natural resource activities.
  10. Fencing shall not be required for critical areas protection. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.03.025 Preliminary identification of critical areas - Maps and reference material.
Preliminary identification of critical areas - Maps and reference material. Critical areas may be depicted generally on the Federal Emergency Management Agency's (FEMA) FIRM and floodway maps; National Wetlands Inventory maps; The Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1987 revised edition); Washington State Tier Wetlands Rating System as it pertains to Category I - IV wetlands; Washington State Department of Natural Resources geologic hazard areas maps; Washington State Department of Natural Resources mine hazard area maps base; U.S. Bureau of Land Management mine hazard area maps; Washington State Department of Fish and Wildlife priority habitats and species maps; Washington State Department of Natural Resources water type maps; U.S.G.S landslide activity and slope maps; U.S. Soil Survey's National Soils Survey Interpretations Handbook; snow avalanche hazard area maps in the Snoqualmie Pass Sub-Area Comprehensive Plan; Uniform Building Code seismic risk zone maps.

The dates of all of the foregoing maps shall precede the date of adoption of the ordinance codified in this chapter. Revised maps as issued by various governmental authorities after the date of adopting this chapter shall not be utilized as a preliminary source of information until such time as utilization of such maps are authorized by amendments to this chapter. This chapter is designed to protect county critical areas based upon the best available information at this time, which information has been subject to considerable review and comment from the general public as well as from scientific and technical sources. Utilization of revised maps must be subject to that same critique prior to adoption by the county.

These maps are used as a general guide to the location and extent of critical areas. Any presumption created by these maps may be rebutted by a preponderance of the evidence. These maps are also intended to alert the development community, county residents, as well as current and prospective landowners of the possibility of site development constraints which may limit or alter development plans. This chapter does not apply if critical areas do not exist on a given parcel. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.03.030 Conflict between critical areas ordinance and critical areas policy document.
Conflict between critical areas ordinance and critical areas policy document. The Kittitas county critical areas policy document, incorporated by reference, is to be used as a general guideline in administering this chapter. Any inconsistencies between this chapter and the policy document shall be resolved in favor of this chapter. This chapter was adopted After the policy document was developed, and benefited from substantial additional technical and public comment. (Ord. 94-22 (part), 1994).

17A.03.035 Critical area checklist and required information.
Critical area checklist and required information. An applicant is required to submit a checklist of critical area information before commencement of all land use activities which are subject to this chapter. This information shall be used in processing all other site related development permits and approvals. Development may be required to be modified or may be conditioned to meet the requirements of this chapter. The checklist shall contain the following information:

  1. Legal description of the land, and assessor's parcel number.
  2. As defined herein, the location of the following, if applicable:
    1. Wetlands;
    2. Erosion hazard areas;
    3. Floodplains and floodways;
    4. Riparian habitat;
    5. Geologically hazardous areas;
    6. Landslide hazard areas;
    7. Mine hazard areas;
    8. Seismic hazard areas;
    9. Streams and rivers.
  3. Any voluntary methods or activities
  4. anticipated by the applicant pertaining to critical areas, including incentives being offered by local or state government.
  5. Duplicate plans drawn to scale showing the nature, location, dimensions and elevations of the area in question, including existing or proposed structures, estimated amounts of fill material, drainage facilities, significant natural features, and the location of the above items, if applicable. Survey quality documents will not normally be required.
  6. The requirement for delineating the location of possible critical areas will be waived if field investigation by county staff indicates the following:
    1. Sufficient information exists for staff to estimate the boundaries of any critical areas without a delineation by the applicant; or
    2. No structures and uses, except for exempt activities, are proposed to be located within any possible critical area.
  7. Subject to field investigation by county staff, or other reliable and relevant information, the information submitted by the applicant shall be presumed valid for all purposes under this chapter. (Ord. 94-22 (part), 1994).

17A.03.040 Processing of critical areas checklist and information.
Processing of critical areas checklist and information. The Kittitas County planning department shall serve as the administrative agency for this chapter. All discretionary decisions hereunder shall be made by the planning director or his designee. The director may consult with other official sources, including the landowner, to determine the presence of critical areas. Utilization of outside data and information by either the director or the applicant is permitted by the Kittitas County critical areas policy document, and may be utilized to verify or dispute the designation or existence of critical areas on any property.

The critical areas checklist shall be processed concurrently with all other development permits requested concerning the site. After the application is complete, the director shall make a binding determination as to whether the parcel contains critical areas. The written determination shall include findings setting forth the basis for the determination. The written determination shall be made within fifteen business days of submittal of a complete checklist, together with receipt of the complete application as to any other related land use permit being requested for the parcel.

The director's decision may be appealed by the applicant to the Kittitas County board of commissioners, except that if the underlying permits require processing by any other decisionmaker, such as the Kittitas County planning commission, or Hearing Examiner, the appeal shall lie to that body. That body shall either make a final decision, or a recommendation to the board of commissioners, consistent with the nature of the underlying permit, concerning the critical areas designation and related mitigation. The decision or recommendation shall be coordinated with the decisionmaker's final decision or recommendation on the underlying permit. If the board of county commissioners does not have jurisdiction to review the underlying permit, such as a conditional use permit granted by a Hearing Examiner and appealable directly from that board to superior court, the board of county commissioners shall nevertheless have jurisdiction of all appeals under this critical areas ordinance which de novo appeal shall be heard prior to the need to file an appeal on the underlying permit in superior court. (Ord. 2012-009, 2012; Ord. 94-22 (part), 1994).

17A.03.045 Coordination with the State Environmental Policy Act and other concurrent permitting.
Coordination with the State Environmental Policy Act and other concurrent permitting. The director shall coordinate application of the critical areas ordinance with any required SEPA review and the processing of any other associated permits. Any required critical areas mitigation shall be separate from SEPA conditions imposed as part of a threshold determination. The objective is to provide a concurrent, coordinated, and consistent review of development activities within critical areas, without creating another regulatory review or appeal process. (Ord. 94-22 (part), 1994).

17A.03.050 Appeal deadlines.
Appeal deadlines. All appeals of the director's decision concerning critical area designation or other discretionary decision making under this chapter shall utilize the same timelines for appeals related to any underlying permits. In the event there is no underlying permit, or the appeal deadline is not clear from other county ordinances, appeals must be filed with the board of commissioners no more than twenty business days following the date of mailing the decision to the applicant. All appeals shall be de novo, and conducted by the board of commissioners at a public hearing no later than a month following the filing of the appeal, with issuance of a decision no more than ten business days from the public hearing, or as otherwise agreed by the appellant and the board. The board's decision shall be final, subject to appeal to superior court. (Ord. 94-22 (part), 1994).

17A.03.055 Inventory of available information.
Inventory of available information. The Kittitas County planning department shall maintain an inventory of available information which shows the location, referenced in this chapter, of critical areas. This information shall be made available to the public. The planning department shall prepare materials which enable citizens to clearly understand the location of critical areas on and adjacent to their property, and what obligations, rights and opportunities they have regarding such lands. (Ord. 94-22 (part), 1994).

17A.03.060 Request for technical assistance.
Request for technical assistance. Kittitas County shall enlist, as much as practicable, technical assistance to help those wishing to develop land that contains, or potentially contains any of the various critical areas defined by the critical areas policy document. Such help shall be aimed at addressing mitigation of such adverse effects of said development that the county deems to be important in the context of this document. (Ord. 94-22 (part), 1994).

17A.03.065 Property rights.

  1. All regulatory or administrative actions taken pursuant to this chapter shall not result in an unconstitutional taking of private property, and shall not expand or reduce the scope of private property protections provided in the state and federal constitutions. This chapter shall not prohibit uses permitted prior to its adoption and shall remain in effect until the county adopts development regulations pursuant to RCW 36.70A.120. Classifying or designating critical areas does not imply a change in the landowner's right to use his or her land under current law.
  2. In applying this chapter, the planning department shall refer to relevant legal authorities at all levels of government, including federal and state constitutions, federal and state statutes, federal and state administrative regulations, and judicial interpretations thereof. The application and administration of this chapter shall assure that proposed regulatory or administrative actions do not unconstitutionally infringe upon private property rights; and are not arbitrary or discriminatory.
  3. Periodic reports shall be made at least annually to the board of county commissioners by the planning director and prosecuting attorney concerning county compliance with constitutional and judicial requirements. The planning director shall immediately advise the board should any provisions of this chapter in his opinion be in violation of state or federal constitutional requirements, or recent court decisions, and whether the provision is required by the state of Washington or discretionary with the county. If the provision which generates concern is a requirement of the state, the board of county commissioners shall immediately advise the appropriate state department or agency. If the provision is discretionary with the county, the board of commissioners shall promptly schedule a public hearing to consider the ordinance provision or policy. (Ord. 94-22 (part), 1994).

17A.03.070 Conservation moneys.
Kittitas County shall examine the feasibility of enhancement moneys for fish and wildlife habitat conservation areas and wetlands. These programs at a minimum should provide conservation moneys for habitat and wetland enhancement, the exemption and/or reduction of habitats and wetlands and their buffers from the usual rate of local property tax, and a penalty system for withdrawal. These programs shall include an element whereby the Kittitas County actively participates in the acquisition of state, federal, or private funds or materials for landowners. Lastly, the programs should have an element for landowners who may volunteer to provide fish and wildlife habitat conservation areas or wetlands if they are not required to do so, and receive benefits as outlined in this proposal. (Ord. 94-22 (part), 1994).

17A.03.075 Economically feasible mitigation efforts.
Economically feasible mitigation efforts. Kittitas County shall encourage economically feasible mitigation efforts when protecting critical areas. (Ord. 94-22 (part), 1994).

17A.03.080 Noncompliance.
Any person who engages in work at a project site within a critical area and (1) fails to comply with this chapter; or (2) fails to comply with any permit condition required pursuant to this chapter shall be subject to enforcement proceedings and sanctions as specified in the Kittitas County zoning or code enforcement ordinances. (Ord. 94-22 (part), 1994).

17A.03.085 Warning and disclaimer of liability.
The degree of hazard protection required by this chapter is considered reasonable for mandatory regulatory purposes under Chapter 36.70A RCW. These provisions are based on scientific and engineering considerations, and extensive public comment. Catastrophic natural disasters can, and will, occur on rare occasions. This chapter does not imply that land outside the designated critical areas or activities permitted within such areas will be free from exposure or damage. This chapter shall not create liability on the part of Kittitas County, and officers or employees thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 94-22 (part), 1994).

17A.03.090 Severability.
If any section, subsection, sentence, clause, phrase, part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or the application of the provision to other persons or circumstances. (Ord. 94-22 (part), 1994).

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Chapter 17A.04
CRITICAL AREAS DESIGNATION AND DEVELOPMENT STANDARDS

Sections
17A.04.010 Wetlands.
17A.04.015 No net loss of wetland areas.
17A.04.020 Buffer width requirements.
17A.04.025 Wetland buffer ranges.
17A.04.030 Wetland buffer averaging.
17A.04.035 Natural condition of wetland buffer.
17A.04.040 Allowed uses.
17A.04.045 Building setback lines from wetland buffers.
17A.04.050 Wetland replacement ratios.

17A.04.010 Wetlands.
Wetlands in Kittitas County are defined in Section 17A.02.310 and classified in four categories: Category I (extreme high value), Category II (high value), Category III (average value), Category IV (less than average value). Critical area wetlands in Kittitas County are defined as Category I, Category II, Category III and Category IV wetlands as determined by the planning manager.

Category IV wetlands may be determined by the director to constitute a critical area based upon application of the criteria in this chapter. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.04.015 No net loss of wetland areas.
Kittitas County shall require, to the extent practical, and except for Category IV wetlands, a zero net loss of natural wetlands functions and values together with, if reasonably possible through voluntary agreements or government incentives, a gain of wetlands in the long term. (Ord. 94-22 (part), 1994).

17A.04.020 Buffer width requirements.
Wetland buffer requirements apply to all nonexempt activities on regulated wetlands. All wetland buffers shall be measured from the wetland boundary.

Category Size of Wetland Required Buffer
I any size 50 - 200 feet
II over 2,000 sq. ft. 25 - 100 feet
III over 10,000 sq. ft. 20 - 80 feet
IV* 43,560 sq. ft. (1 acre) Building setbacks will be determined by the zoning lot line setbacks, but shall not exceed 25 feet.

*Includes only nonirrigation induced or enhanced Category IV wetlands. Irrigation water does influence ground water table elevations in Kittitas County.

(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.04.025 Wetland buffer ranges.
The wetland buffer ranges have been established to reflect the impact of certain intense land uses on wetland function and values. The director shall base the buffer size on the following criteria and shall establish the least restrictive width of buffer necessary to account for all of the following considerations:

  1. The overall intensity of the proposed use;
  2. The presence of threatened, endangered, or sensitive species;
  3. The site's susceptibility to severe erosion;
  4. The use of a buffer enhancement plan by the applicant which uses native vegetation or other measures which will enhance the functions and values of the wetland or buffer. (Ord. 94-22 (part), 1994).

17A.04.030 Wetland buffer averaging.
Wetland buffers may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates that the following exists:

  1. That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;
  2. That the wetland contains variations in sensitivity due to existing physical characteristics;
  3. That the proposed use would be located adjacent to areas where buffer width is reduced, and that such land uses are low in impact;
  4. That width averaging will not adversely impact wetland function and values. (Ord. 9422 (part), 1994).

17A.04.035 Natural condition of wetland buffer.
Natural condition of wetland buffer. Wetland buffer areas shall be retained in their natural condition or may be improved to enhance buffer functions and values. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. The Kittitas County noxious weed ordinance shall be adhered to. (Ord. 94-22 (part), 1994).

17A.04.040 Allowed uses.
In addition to exempt activities otherwise identified herein, the following activities are allowed to occur on wetland and wetland buffer areas: nonmotorized outdoor recreational activities including hunting and fishing; educational activities; existing and ongoing agricultural activities, silviculture and mining; and maintenance of existing facilities, structures, ditches, roads, bridges and other utility systems. Up to two acres of Class IV wetlands may be filled, drained or modified with no approval required from the planning manager. If more than two acres of Class IV wetlands are filled, drained or modified, approval of the planning manager is required. Such development activity shall provide mitigation in accordance with Section 17A.04.050 for that portion of the wetland fill or modification that exceeds two acres. Category IV wetlands may be used for secondary stormwater management facilities having no reasonable alternative on-site location, provided there is no significant adverse impact to the functions and values of those wetlands. (Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.04.045 Building setback lines from wetland buffers.
A building setback line equal to the side yard setback requirement of the applicable zoning district is required from the edge of any wetland buffer. Minor intrusions into the area of the building setback may be allowed if the director determines that such intrusions will not negatively impact the wetland. The setbacks shall be shown on all site plans submitted with the application. (Ord. 94-22 (part), 1994).

17A.04.050 Wetland replacement ratios.
Wetland replacement ratios are expressed in gross area required for replacement. The actual replacement, enhancement or rehabilitation of wetlands shall be determined by the director and meet all applicable standards for such. Replacement areas shall be determined according to function, acreage, type, location, time factors, ability to be self sustaining and projected success. Wetland functions and values shall be calculated using the Kittitas County critical areas policy document and the professional judgment of the director.

Category of Wetland Replacement Ratio
I 3:1
II 2:1
III 1.5:1
IV 1:1 for the portion of a
wetland fill or modification

(Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

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Chapter 17A.05
FREQUENTLY FLOODED AREAS

Sections
17A.05.010 County flood prevention ordinance.
17A.05.015 Delineated floodplain boundaries on preliminary plats.
17A.05.020 No net loss of floodplain storage.

17A.05.010 County flood prevention ordinance.
The Kittitas County Flood Prevention Ordinance No. 93-18 is hereby adopted by reference as the development regulation for all uses defined in this chapter and in the Kittitas County critical areas policy document. (Ord. 94-22 (part), 1994).

17A.05.015 Delineated floodplain boundaries on preliminary plats.
All preliminary plats must clearly delineate the one-hundred-year floodplain boundary, according to the FEMA Flood Insurance Rate Map. (Ord. 94-22 (part), 1994).

17A.05.020 No net loss of floodplain storage.

  1. A no net loss of floodplain storage concept shall be incorporated in all new construction on existing lots and all future development on the following rivers, streams and lakes, which are designated as "shorelines of the state" under 90.58 RCW and listed under 173-18-230 WAC:
     
    Stream Legal Description
    Big Creek From the Wenatchee National Forest boundary downstream to mouth on Yakima River.
    Cabin Creek From the Wenatchee National Forest boundary downstream to mouth on Yakima River.
    Cle Elum River From the Wenatchee National Forest boundary crossing Cle Elum Lake downstream to mouth on Yakima River.
    Columbia River From Chelan County line on the Columbia River downstream along the Douglas and Kittitas County line to Yakima County.
    Kachess River From the Wenatchee National Forest downstream through Lake Easton State Park and to mouth on Yakima River.
    Little Creek From the Wenatchee National Forest boundary downstream to mouth on Yakima River.
    Log Creek From confluence of Log Creek and unnamed creek downstream to mouth of Cabin Creek.
    Manastash Creek From confluence of North and South Forks Manastash Creek downstream to mouth on Yakima River.
    Manastash From the Wenatchee National Forest Creek south boundary downstream to mouth on Manastash Creek.
    Swauk Creek From the Wenatchee National Forest boundary downstream to mouth on Yakima River.
    Taneum Creek From the Wenatchee National Forest boundary downstream to mouth on Yakima River.
    Teanaway River From the confluence of the Middle Fork and the West Fork Teanaway River downstream to Yakima River.
    Teanaway River From the Wenatchee National Forest (Middle Fork) boundary downstream to mouth on Teanaway River.
    Teanaway River From the Wenatchee National Forest (North Fork) boundary downstream to the Teanaway River.
    Teanaway River From the Wenatchee National Forest (West Fork) boundary downstream to the Teanaway River.
    Wilson Creek From mouth at Naneum Creek downstream to mouth on Yakima River.
    Yakima River From the Wenatchee National Forest boundary downstream to the Yakima County line.
    Little Nachess River From the confluence of the North Fork and Middle Fork of Little Nachess River downstream left bank to mouth of Nachess River.

    Lakes
        Manastash Lake
        Easton Lake
        Lost Lake
        Cooper Lake
        Tucquala Lake
      

  2. Additional streams or lakes may be added to this section by the director, for the protection of critical areas based upon the following criteria:
    1. History of flood damage;
    2. Stream channel instability and susceptibility to erosion;
    3. Floodplain width.
      Floodplain storage shall be maintained on each parcel subject to this chapter. Insignificant loss of floodplain storage associated with residential developments and associated buildings on these parcels should not exceed ten cubic yards. If parcel conditions are such that compliance with the section is unreasonable, the director may determine the extent to which a development must comply. (Ord. 94-22 (part), 1994).
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Chapter 17A.06
GEOLOGICALLY HAZARDOUS AREAS

Sections
17A.06.010 Repealed.
17A.06.015 Areas requiring specialized engineering.
17A.06.020 Natural resource based activities.
17A.06.025 Areas of snow avalanche hazards - Snoqualmie Pass.
17A.06.030 Siting of structures on mine hazard areas.
17A.06.035 Disposal of volcanic ash fallout.

17A.06.010 Repealed. (Ord. 2015-010, 2015; Ord. 94-22(part), 1994)

17A.06.015 Areas requiring specialized engineering.
Areas identified as high risk erosion/landslide geologic hazard areas including cliff or talus slopes, may require specialized engineering to ascertain the property is suitable for development purposes. The Director or Building Official is authorized to require such engineering. (Ord. 2015-010, 2015; Ord. 94-22 (part), 1994).

17A.06.020 Natural resource based activities.
Natural resource based activities shall not be unduly restricted or prohibited in areas of known geologic hazards. (Ord. 94-22 (part), 1994).

17A.06.025 Areas of snow avalanche hazards - Snoqualmie Pass.
In conjunction with the International Building Code, Kittitas County shall enforce the policies contained within the Snoqualmie Pass Sub-Area Comprehensive Plan for avalanche hazard areas. (Ord. 2015-010, 2015; Ord. 94-22 (part), 1994).

17A.06.030 Siting of structures on mine hazard areas.
Siting of structures on known mine hazard areas should be avoided. (Ord. 9422 (part), 1994).

17A.06.035 Disposal of volcanic ash fallout.
Intentional disposal of volcanic ash fallout into any bodies of water shall not be allowed. (Ord. 94-22 (part), 1994).

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Chapter 17A.07
HABITAT

Sections
17A.07.010 Riparian habitat.
17A.07.015 Designation of big game winter range.
17A.07.020 Priority species habitat.
17A.07.025 Habitats for species of local importance.
17A.07.030 Species of local importance.

17A.07.010 Riparian habitat.

  1. Riparian Habitat Critical Areas shall constitute Type 1, 2 and 3, including portions of Type 4 and 5 waters at the intersecting points with a Type 1, 2, or 3 waters. Type 4 waters will be designated a critical area for a distance of forty to five hundred feet. Type 5 waters shall be designated a critical area where it is located within the buffers for Types 1, 2 or 3 waters, as determined by the planning manager.
  2. Performance Standards Buffers.
     
    Type 1 waters     40-200 feet from OHWM.
    Type 2 waters   40-100 feet from OHWM.
    Type 3 waters   20- 50 feet from OHWM.
    Type 4 waters   10- 20 feet from the intersection with a Type 1, 2 or 3 water for a distance of 40 to 500 feet. From the point at which the buffer ends (40 - 500 feet upstream from the confluence), there shall be a 15-foot structural setback from the ordinary high water mark.
    Type 5 waters   None required (buffering will be provided by the Type 1, 2 or 3 waters' buffers). Note: Building setbacks from a Type 5 water will be 15 feet, unless a buffer greater than or equal to the 15-foot setback is in place.

    Additional buffers may be approved by ordinance for habitats for species of local importance.

  3. Criteria for Buffer Ranges. The riparian habitat buffer ranges above have been established to reflect the impact of certain intense land uses on riparian habitat functions and values. The director shall base a buffer size on the following criteria and shall establish the least restrictive width of buffer necessary to accommodate the following considerations:
    1. Overall intensity of the proposed use;
    2. The presence of a threatened, endangered or sensitive species or anadromous fish;
    3. The shoreline's historical and current susceptibility to severe erosion, channel instability, or aggrading;
    4. The presence of multiple channels or islands;
    5. Use by the applicant of a buffer enhancement plan;
    6. The width of a stream or river and the surface area and depth of a lake.
  4. Criteria for Buffer Averaging. The director may average buffer widths on riparian habitat buffers. Buffer width averaging shall be allowed only where the applicant demonstrates the following exist:
    1. That averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property;
    2. That the riparian habitat contains variations in sensitivity due to existing physical characteristics;
    3. That the proposed use would be located adjacent to areas where buffer width is reduced, and that such land uses will not have a significant adverse impact to the habitat and its buffer;
    4. That buffer width averaging will not adversely impact riparian habitat functions and values.
  5. Natural Condition of Riparian Habitat Buffer. Riparian habitat buffer areas shall be retained in their natural condition or may be improved to enhance buffer functions and values. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. The Kittitas County noxious weed ordinance shall be adhered to.
  6. Allowed Uses. Allowed uses are exempt activities and activities deemed by the administrator to be consistent with the purpose and function of the habitat buffer and which do not cause a significant adverse impact to the habitat and its buffer based on sensitivity of the habitat including but not limited to stock watering, utilization of water rights, trails, recreational uses, hunting, and fishing. (Ord. 96-14 (part), 1996; Ord. 95-15 (part), 1995; Ord. 94-22 (part), 1994).

17A.07.015 Designation of big game winter range.
Big game winter range constitutes all federal land and all land owned or leased by the Washington State Department of Fish and Wildlife. The existing range conservation and management program of the State Department of Fish and Wildlife is long established and relies upon voluntary agreements with landowners together with state purchase of appropriate lands.

Land use activities subject to this critical ordinance continue to be subject to input from the Department of Fish and Wildlife, including SEPA comment. County administrative practices will be revised to solicit comment from the Fish and Wildlife Department concerning short plats and replats, for which comment is currently not requested. The existing comment process and SEPA review will complement the existing efforts to protect winter range and wildlife habitat, without creating a duplicate level of regulatory review. (Ord. 94-22 (part), 1994).

17A.07.020 Priority species habitat.

  1. Designation of habitat under this section will only occur if the threatened, endangered, or sensitive priority species is not located in a riparian habitat, floodplain, or wetland, which is dealt with elsewhere in this chapter. To the extent not otherwise protected under this chapter, the area designated shall be the mapped location of a threatened, endangered, or sensitive priority species.
  2. Performance Standards. Protective measures for the designated area shall be determined by reference to applicable state and federal law for the protection of threatened, endangered, or sensitive priority species. (Ord. 94-22 (part), 1994).

17A.07.025 Habitats for species of local importance.

  1. These habitats may be identified from time to time, resulting in amendment of this chapter. Residents of the county may from time to time identify and nominate for consideration such habitats, and shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be forwarded by the planning department for consideration to the Kittitas planning commission, which shall make a recommendation to the Kittitas County board of commissioners.
        Nomination and consideration of habitats for species of local importance shall consider the following:
    1. A seasonal range or habitat element which if altered may reduce the likelihood that the species will maintain or reproduce over the long term;
    2. Areas of high relative density or species richness, breeding habitat, winter range, and movement corridors;
    3. Habitat with limited availability or high vulnerability to alteration;
    4. Whether these habitats are already identified and protected under the provisions of this or other county ordinances or state or federal law.
  2. At the time of amendment adoption designating habitat for species of local importance, the county shall also adopt performance standards based upon recommendations from county residents and appropriate government agencies. (Ord. 94-22 (part), 1994).

17A.07.030 Species of local importance.

  1. These species may be identified from time to time, resulting in amendment of this chapter. Residents of the county may from time to time identify and nominate for consideration such species, and shall have the burden of presenting evidence concerning the criteria set forth below. The nomination shall be forwarded by the planning department for consideration to the Kittitas County planning commission, which shall make a recommendation to the Kittitas County board of commissioners.
        The nomination and the decision shall consider:
    1. Concern due to population status; or
    2. Sensitivity to habitat manipulation.
  2. At the time of adoption of a species of local importance, the Kittitas County board shall also adopt performance standards based upon recommendations from county residents and appropriate government agencies. (Ord. 9422 (part), 1994).
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Chapter 17A.08
AQUIFER RECHARGE AREAS

Sections
17A.08.010 Designation of aquifer recharge areas.
17A.08.015 Hazardous materials.
17A.08.020 On-site sewage disposal regulations.
17A.08.025 Wellhead protection areas.

17A.08.010 Designation of aquifer recharge areas.
No critical aquifer recharge locations have been identified in Kittitas County. If highly vulnerable recharge areas are identified, studies will be initiated to determine if ground water contamination has occurred. Future classification of these areas will include consideration of the degree to which the aquifer is used as a potable water source, feasibility of protective measures to preclude further degradation, availability of treatment measures to maintain potability, and availability of alternative potable water sources.

Current county regulations are incorporated by reference and will adequately protect aquifer recharge areas until such time as additional information indicates the need for further studies. (Ord. 94-22 (part), 1994).

17A.08.015 Hazardous materials.
Proposals falling under the provisions of Section 17A.03.015 and which deal with hazardous materials which may contaminate ground or surface water shall comply with all applicable federal and state laws and regulations, and shall demonstrate said compliance to the planning director. To the extent such proposals are not otherwise regulated under state and federal law, the applicant shall submit a hazardous materials plan, developed in consultation with the Kittitas County environmental health department. At a minimum, the hazardous materials plan shall include:

  1. A description of operations and identify hazardous materials which may be used with the proposal;
  2. Description of how hazardous materials will be handled on site;
  3. Description of containment for hazardous material;
  4. A site map showing the location of the facility, property boundaries, locations of hazardous materials, and other features of the site;
  5. Secondary containment for wastewater, fuels, and other materials deemed by the Kittitas County environmental health and solid waste departments to pose a significant adverse impact on ground or surface water;
  6. The use of monitoring to ensure that the hazardous materials do not leak or contaminate ground or surface water;
  7. The use of settling ponds, restrictions on off-site discharge, biofiltration or other methods deemed by the Kittitas County planning department and/or Kittitas County environmental health and solid waste departments necessary to prevent a significant adverse impact on ground or surface water;
  8. Setbacks for materials considered by the Kittitas County planning department, Kittitas County environmental health and solid waste departments, or the Kittitas County fire marshal to pose a significant adverse impact on ground or surface water. (Ord. 94-22 (part), 1994).

17A.08.020 On-site sewage disposal regulations.

Please refer to KCC chapter 13.04 "Location Section"

(Ord. 2014-015, 2014; Ord. 94-22 (part), 1994).

17A.08.025 Wellhead protection areas.

Refer to KCC chapter 13.20.040 (5)

(Ord. 2014-015, 2014; Ord. 9422 (part), 1994).

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Chapter 17A.55
CAZ COMMERCIAL AGRICULTURAL ZONE AND CAZO COMMERCIAL AGRICULTURAL ZONE OVERLAY

(Repealed by Ord. 98-13)


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