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Kittitas County Code



Title 17B | SHORELINES

Chapters
17B.01 Framework, Purpose, Principles and Applicability
17B.02 Definitions
17B.03 Goals and Objectives
17B.04 Environment Designations and Management
17B.05 General Policies and Regulations
17B.06 Shoreline Use and Modification Policies and Regulations
17B.07 Administration and Procedures
17B.08 Appendix A
17B.09 Appendix B


Chapter 17B.01
FRAMEWORK AUTHORIZATION, PURPOSE, PRINCIPLES, AND APPLICABILITY

Sections
17B.01.010 The Shoreline Management Act.
17B.01.020 Scope and jurisdiction of the Shoreline master program.
17B.01.030 Purpose and intent.
17B.01.040 Title and references.
17B.01.050 Public involvement process, advisory committee and agency coordination.
17B.01.060 Relationship to other plans.
17B.01.070 Applicability.
17B.01.080 Governing principles.
17B.01.090 Severability.
17B.01.100 Effective date.

17B.01.010 The Shoreline Management Act.
The Washington State Shoreline Management Act (also referred to in this document as SMA or the Act) was passed by the legislature in 1971 and adopted by a vote of Washington’s citizens in a 1972 referendum (RCW 90.58). The goal of the Shoreline Management Act is "to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines." The Act also recognizes that "shorelines are among the most valuable and fragile" of the state’s resources.

The Act provides for the management and protection of the state’s shoreline resources by requiring planning for their reasonable and appropriate use. The area regulated under the Act includes lands within two hundred (200) feet of designated shorelines as well as certain wetlands, river deltas, floodways and floodplains associated with such shorelines.

The SMA establishes a balance of authority between local and state governments. Cities and counties have the primary review responsibility for development along their shorelines, and the state (through the Washington State Department of Ecology) has authority to review local master programs and local shoreline development permit decisions. (Ord. 2016-006, 2016)

17B.01.020 Scope and jurisdiction of the Shoreline master program.
The Shoreline Management Act (SMA) applies to all 39 counties and more than 200 cities in Washington State that have "shorelines of the state" (RCW 90.58.030(2)) within their jurisdictional boundaries. Shorelines of the state include:

  • All marine waters;
  • Streams with greater than twenty cubic feet per second (20 cfs) mean annual flow;
  • Lakes twenty (20) acres or larger;
  • Upland areas called shorelands that extend two hundred (200) feet landward, in all directions on a horizontal plane, from the edge of the ordinary high water mark (OHWM) of these waters; and
  • The following areas when they are associated with one of the above:
    • Wetlands and river deltas; and
    • Floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways.

The Act recognizes that certain waters are so important to citizens that they necessitate a special status for classification and protection. These are "shorelines of statewide significance." The Act lists the following criteria for defining "shorelines of statewide significance" in Eastern Washington:

Any [natural rivers or segments thereof] east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer. (RCW 90.58.030(2)(f)(v)(B))

All or portions of the following water bodies in Kittitas County are shorelines of statewide significance:

  • Cle Elum River
  • Columbia River
  • Kachess River
  • Little Naches River
  • Teanaway River
  • Yakima River
  • Priest Rapids Dam Reservoir
  • Wanapum Dam Reservoir
  • Cle Elum Lake
  • Keechelus Lake
  • Kachess Lake

In Kittitas County, shoreline jurisdiction includes: all shorelines of the state; upland areas (shorelands) within two hundred (200) feet of the ordinary high water mark of those waters; associated wetlands and river deltas; and floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways. A set of shoreline environment designation maps depicting the updated jurisdictional areas are included as Appendix A to this SMP. Shoreline environment designation descriptions are included in Appendix B. Depictions of the shoreline jurisdiction boundaries are for information purposes only and need to be confirmed in the field. (Ord. 2016-006, 2016)

17B.01.030 Purpose and intent.
The purpose and intent of this SMP is to:

  1. To promote the public health, safety and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development and use of shorelines within Kittitas County;
  2. To manage shorelines in a positive, effective and equitable manner;
  3. To assume and carry out the County’s responsibilities established by the Act; and
  4. To implement RCW 90.58.020 for shorelines of the state:

    It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.

    The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of statewide significance, and local government, in developing master programs for shorelines of statewide significance, shall give preference to uses in the following order of preference which:

    1. Recognize and protect the statewide interest over local interest;
    2. Preserve the natural character of the shoreline;
    3. Result in long term over short term benefit;
    4. Protect the resources and ecology of the shoreline;
    5. Increase public access to publicly owned areas of the shorelines;
    6. Increase recreational opportunities for the public in the shoreline;
    7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

    In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state, and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.

    Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use the water.

(Ord. 2016-006, 2016)

17B.01.040 Title and references.
This Document shall be known and may be cited as the "Kittitas County Shoreline Master Program." This document may be referred to herein as the "Program," "Master Program," "Shoreline Master Program," or "SMP." Definitions referenced from WAC 173-26-020 are provided in Chapter 2, including "may", "must", "shall", and "should" which have specific meaning for implementation of the Shoreline Management Act. (Ord. 2016-006, 2016)

17B.01.050 Public involvement process, advisory committee and agency coordination.

1. Public information and outreach

This SMP was updated as part of a multi-jurisdictional update process with Kittitas County serving as project lead. The participating jurisdictions were Kittitas County, the City of Ellensburg, the City of Cle Elum, and the Town of South Cle Elum. The participating jurisdictions involved the public throughout the update effort consistent with the Shoreline Management Act (see RCW 90.58.130) and the SMP Guidelines (WAC 173-26-090). As project lead, Kittitas County prepared a public participation plan that identified specific objectives, key stakeholders, and timelines for public participation activities.

2. Multi-jurisdictional SMP update coordination

The SMP update process was closely coordinated among the participating jurisdictions. An interlocal agreement was adopted to define the responsibilities of each jurisdiction and allocate resources from a Washington State Department of Ecology grant.

Kittitas County provided the primary professional and clerical support and was responsible for project management and contracting. Staff assigned by the Cities and Town coordinated local efforts on shorelines within their respective municipal boundaries.

The County coordinated the SMP update process with Washington State Department of Ecology (Ecology), Washington State Department of Fish and Wildlife (WDFW), tribal governments and other state agencies as required in the SMP update guidelines. In addition, the County consulted with other entities for scientific, technical or cultural information including federal agencies, watershed planning units, conservation districts, public utility districts, and other institutions as needed.

All participating jurisdictions were responsible for reviewing and commenting on recommended shoreline environment designations and the goals, policies, and use regulations associated with those designations as well as the various supporting documents including but not limited to: inventory characterization reports, restoration plans and cumulative impact analysis. Each jurisdiction was responsible for approving the final SMP through local adoption processes.

3. Shoreline visioning process

To kick-off the process of developing the regional SMP, community-wide visioning sessions were held in Ellensburg and Cle Elum to gather input on how the shoreline areas should look five (5) to ten (10) years from now. Community visioning questionnaires were also distributed widely throughout the County to solicit feedback. Community members provided input on topics such as public access, water-related and water-dependent uses, recreation, restoration activities and more. A summary of the community visioning process can be found in the Community Visioning Report dated October 2012.

4. Regional Shoreline Master Program website

A web page was developed and hosted on the Kittitas County website to share information about the regional SMP update process and to provide opportunities for the public to submit comments and input.

The webpage contained a range of information and documentation related to the development of the SMP update process including:

  • background materials
  • public participation plan and process timeline
  • frequently asked questions
  • information on how to participate in the process
  • community visioning questionnaire
  • information on advisory committees
  • meeting materials and summaries
  • key contacts

The webpage was kept current and maintained throughout the duration of the update.

5. Technical Advisory Committee

Kittitas County, with input from the Cities and Town invited a group of representatives within the scientific community from statewide agencies, the Yakama Nation, the private sector, and academia to participate on the Technical Advisory Committee (TAC). The purpose of the TAC was to help focus technical discussions and identify key technical and policy issues associated with the SMP update process. The TAC provided input on data inventory and materials collection, shoreline characterization, shoreline analysis, shoreline designations, shoreline restoration, and monitoring and enforcement efforts. The TAC met monthly between April 2012 and August 2012. Meetings were open to the public.

6. Open public forums and public meeting events

Open public forums (i.e., public meetings, open houses, workshops) were used throughout the regional SMP update process. They were deployed as an early action strategy to improve public knowledge and investment in the regional SMP update process. Later in the update process, open public forums provided opportunities for the jurisdictions to present draft goals, policies, and regulations, as well as a place for citizens to provide comments and input on the draft goals, policies and regulations. Open public forums were held in July 2012 (two open houses), September 2012 (community visioning workshop), November 2012 (open house) and January 2014 (open house). Additional targeted outreach was conducted by County staff by attending a regular meeting or meeting with individuals of the following groups: Central Washington Homebuilders Association, Kiwanis of Ellensburg and Cle Elum, the Kittitas Field and Stream Club, the Kittitas County Farm Bureau, and the Washington Cattlemen’s Association.

7. Citizen Advisory Committee

The Citizen Advisory Committee (CAC) was established to finalize recommendations on environment designations, goals, policies, and use regulations. Representatives were selected by each of the four participating jurisdictions. The jurisdictions coordinated their selections to achieve a diverse mix of interests including agriculture, recreation, power generation, real estate/development, environment, sporting and conservation. Invitations to participate were also extended to the Washington State Departments of Ecology, Natural Resources, and Fish and Wildlife, and the Yakama Indian Nation. The committee began meeting in October 2012 and continued through December 2013. Meetings were open to the public. (Ord. 2016-006, 2016)

17B.01.060 Relationship to other plans.
The Growth Management Act (GMA) defines shoreline master program policies as a part of the local comprehensive plan:

For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A 020. . . . The goals and policies of a shoreline master program for a county or city approved under RCW Chapter 90.58 shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under RCW Chapter 90.58, including use regulations, shall be considered a part of the county or city's development regulations. (RCW 36.70A.480(1))

Counties and cities that plan under the GMA are required, under RCW 36.70A, to ensure that there is internal consistency between the comprehensive plan elements, future land use plan, and implementing development regulations (including master programs. The GMA also calls for coordination and consistency of comprehensive plans among local jurisdictions:

The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be coordinated with, and consistent with, the comprehensive plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which the county or city has, in part, common borders or related regional issues. (RCW 36.70A.100)

This regional SMP update has been developed to comply with the GMA requirements for internal consistency with each jurisdiction’s comprehensive plan and implementing regulations as well as to ensure coordination and consistency between the County, Cities and Town. (Ord. 2016-006, 2016)

17B.01.070 Applicability.

  1. Unless specifically exempted below, all proposed uses and development occurring within shoreline jurisdiction must conform to the intent and requirements of RCW Chapter 90.58, the Shoreline Management Act, and this Program whether or not a permit or other form of authorization is required. See Section 1.2 for the definition of shoreline jurisdiction; Chapter 7 for permit procedures; and Chapter 2 for definitions of uses, activities, and development.
  2. The following activities are not considered "development" for the purpose of this SMP:
    1. Interior building improvements that do not change the use or occupancy;
    2. Exterior building maintenance activities, including painting and roofing, that do not expand the existing footprint of the structure;
    3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding; and
    4. Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning), wells, and individual utility service connections.
  3. Development on non-federal land is subject to this SMP and must obtain a shoreline permit, even if it is leased, rented, etc. to the federal government, unless the state has ceded regulatory authority by statute.
  4. Federal lands include, but are not limited to, national forests, national parks, national wilderness areas, and lands owned by the Federal Bureau of Land Management (BLM). The following subsections shall guide the determination of SMP applicability on federal lands:
    1. Federal development on federally owned land is not required to obtain a shoreline permit, unless otherwise required by law, but shall be consistent to the maximum extent practicable with this master program;
    2. Non-federal activities, uses and development on federally owned land are subject to this SMP and must obtain a shoreline permit;
  5. As recognized by RCW 90.58.350, the provisions of this SMP shall not affect treaty rights of Indian Nations or tribes.

(Ord. 2016-006, 2016)

17B.01.080 Governing principles.
The following principles, in conjunction with the policy statements of RCW 90.58.020, establish the foundation for the goals, policies and regulations of this Program:

  1. Any inconsistencies between this Program and the Act must be resolved in accordance with the Act.
  2. The policies of this Program may be achieved by diverse means including, but not limited to: regulation of development; acquisition of lands and/or easements by purchase or gift; public facility and park planning; watershed planning; voluntary salmon recovery projects; and incentive programs.
  3. Regulation of private property to implement Program goals must be consistent with all relevant constitutional and other legal limitations including, but not limited to: civil rights guaranteed by the U.S. and state constitutions, recent federal and state case law, and state statutes.
  4. Regulatory or administrative actions contained herein must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property.
  5. The waters of the state are owned by the citizens of the state. The property rights accrued to the citizens of the state must not be infringed upon by activities that denigrate the value of this ownership interest.
  6. The regulatory provisions of this Program are limited to shorelines of the state, whereas the planning functions of this Program may extend beyond the designated shoreline boundaries.
  7. The policies and regulations established by the Regional Shoreline Master Program must be integrated and coordinated with those policies and rules of the comprehensive plans and development regulations adopted by the participating jurisdictions under the GMA.
  8. Protecting the shoreline environment is an essential statewide policy goal, consistent with other policy goals. Permitted and/or exempt development, actions taken prior to the Act’s adoption, and/or unregulated activities can impair shoreline ecological processes and functions. This Program protects the shoreline ecology from such impairments in the following ways:
    1. By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by affected shorelines.
    2. By including policies, regulations, and incentives designed to ensure all development, including permit-exempt development, will not cause a net loss of shoreline ecological function.
    3. By including regulations and incentives designed to restore impaired ecological functions where such functions have been identified, consistent with the Restoration Plan dated April 2014.
    4. By including policies and regulations to address cumulative impacts, including the cumulative effect of exempt development, and by fairly allocating the burden of addressing such impacts among development opportunities.
    5. By including policies and regulations that coordinate shoreline management while protecting private property rights, consistent with the public interest.
  9. In light of other relevant local, state, and federal regulatory and non-regulatory programs, the County will balance the policy goals of this Program to the extent consistent with the policies of the Act and these governing principles, and modify this Program to reflect changing circumstances.

(Ord. 2016-006, 2016)

17B.01.090 Severability.
Shall any chapter, section, subsection, paragraph, sentence, clause or phrase of this Program be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Program. (Ord. 2016-006, 2016)

17B.01.100 Effective date.
This Program and all amendments thereto shall become effective 14 days after final approval by Ecology. (Ord. 2016-006, 2016)


Chapter 17B.02
DEFINITIONS

Sections
17B.02.005 Generally.
17B.02.010 Act.
17B.02.020 Administrator.
17B.02.030 Agricultural activities.
17B.02.040 Agricultural products.
17B.02.050 Agricultural equipment and agricultural facilities.
17B.02.060 Agricultural land.
17B.02.070 Alluvial fan or alluvial fan hazard area.
17B.02.080 Amendment.
17B.02.090 Approval.
17B.02.100 Aquaculture.
17B.02.105 Average grade level.
17B.02.110 Avulsion.
17B.02.115 Boat launch ramp.
17B.02.120 Boat launch ramp, primitive.
17B.02.125 Boat launch ramp, public or community.
17B.02.130 Bulkhead.
17B.02.135 Channel migration zone (CMZ).
17B.02.140 Conditional use.
17B.02.145 Comprehensive master program update.
17B.02.150 Comprehensive plan.
17B.02.155 Critical areas.
17B.02.160 Critical aquifer recharge area (CARA).
17B.02.165 Critical facility.
17B.02.170 Dam.
17B.02.175 Degradation.
17B.02.180 Development.
17B.02.185 Development regulations.
17B.02.190 Ecological functions or shoreline functions.
17B.02.195 Ecological restoration.
17B.02.200 Ecologically intact shorelines.
17B.02.205 Ecosystem-wide processes.
17B.02.210 Enhancement.
17B.02.215 Environmental designation.
17B.02.220 Exempt.
17B.02.225 Fair market value.
17B.02.230 Feasible.
17B.02.235 Feedlot.
17B.02.240 Fill.
17B.02.245 Fish and wildlife habitat conservation area.
17B.02.250 Floodplain.
17B.02.255 Floodway.
17B.02.260 Frequently flooded areas.
17B.02.265 Geotechnical analysis or geotechnical report.
17B.02.270 Grading.
17B.02.275 Groundwater.
17B.02.280 Height.
17B.02.285 High intensity agricultural activities.
17B.02.290 Hobby farm.
17B.02.295 Hyporheic zone.
17B.02.300 In-stream structure.
17B.02.305 Lake.
17B.02.310 Limited master program amendment.
17B.02.315 Local government.
17B.02.320 Marine.
17B.02.325 Master program or Shoreline master program or Program.
17B.02.330 May.
17B.02.335 Mineral prospecting.
17B.02.340 Mining.
17B.02.345 Must.
17B.02.350 Natural or existing topography.
17B.02.355 Nonconforming structure.
17B.02.360 Nonconforming use.
17B.02.365 Non-water-oriented uses.
17B.02.370 Ordinary high water mark (OHWM)
17B.02.375 Permit.
17B.02.380 Priority habitat.
17B.02.385 Priority species.
17B.02.390 Program.
17B.02.395 Provisions.
17B.02.400 Public interest.
17B.02.405 Qualified professional.
17B.02.410 Rehabilitation.
17B.02.415 Restore, restoration, or ecological restoration.
17B.02.420 Riverine erosion hazard areas.
17B.02.425 Setback.
17B.02.430 Shall.
17B.02.435 Shorelands or shoreland areas.
17B.02.440 Shoreline areas and shoreline jurisdiction.
17B.02.445 Shoreline functions.
17B.02.450 Shoreline master program.
17B.02.455 Shoreline modifications.
17B.02.460 Shorelines.
17B.02.465 Shorelines of statewide significance.
17B.02.470 Shorelines of the state.
17B.02.475 Should.
17B.02.480 Significant vegetation removal.
17B.02.485 State master program.
17B.02.490 Structure.
17B.02.495 Structure, in-stream.
17B.02.500 Substantial development.
17B.02.505 Transmit.
17B.02.510 Type F water.
17B.02.515 Type Np water.
17B.02.520 Type Ns water.
17B.02.525 Type S water.
17B.02.530 Water-dependent use.
17B.02.535 Water-enjoyment use.
17B.02.540 Water-oriented use.
17B.02.545 Water quality.
17B.02.550 Water-related use.
17B.02.555 Water system.
17B.02.560 Wetland creation.
17B.02.565 Wetland restoration.
17B.02.570 Wetlands.
17B.02.575 Variance.
17B.02.580 Vessel.
17B.02.585 Acronym list.

17B.02.005 Generally.
The terms used throughout this title shall be defined and interpreted as indicated below. When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. Definitions established by WAC 173 have been incorporated herein; and should these definitions in the WAC be amended, the most current WAC definition shall apply. (Ord. 2016-006, 2016)

17B.02.010 Act.
"Act" means the Washington State Shoreline Management Act, RCW Chapter 90.58. (Ord. 2016-006, 2016)

17B.02.020 Administrator.
"Administrator" means the director of the Kittitas County Community Development Services or designee. (Ord. 2016-006, 2016)

17B.02.030 Agricultural activities.
"Agricultural activities" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. (Ord. 2016-006, 2016)

17B.02.040 Agricultural products.
"Agricultural products" includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty (20) years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, upland finfish, poultry and poultry products, and dairy products. (Ord. 2016-006, 2016)

17B.02.050 Agricultural equipment and agricultural facilities.
"Agricultural equipment" and "agricultural facilities" includes, but is not limited to:

  1. The following used in agricultural operations: Equipment; machinery; constructed shelters; buildings and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains;
  2. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands;
  3. Farm residences and associated equipment, lands, and facilities; and
  4. Roadside stands and on-farm markets for marketing fruit or vegetables.

(Ord. 2016-006, 2016)

17B.02.060 Agricultural land.
"Agricultural land" means those specific land areas on which agricultural activities are conducted as of the date of adoption of a local master program pursuant to these guidelines as evidenced by aerial photography or other documentation. After the effective date of the master program, land converted to agricultural use is subject to compliance with the requirements of the master program. (Ord. 2016-006, 2016)

17B.02.070 Alluvial fan or alluvial fan hazard area.
"Alluvial fan" or "Alluvial fan hazard area" is a low, outspread, relatively flat-to- gentle sloping features deposited by a stream at the transitional area between valley floodplains and steep mountain slopes. Channel pattern is highly variable, often dependent on substrate size and age of the landform. Channels may change course frequently, resulting in a multi-branched stream network. Channels can also be deeply incised within highly erodible alluvial material. (Ord. 2016-006, 2016)

17B.02.080 Amendment.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to an existing shoreline master program. (Ord. 2016-006, 2016)

17B.02.090 Approval.
"Approval" means an official action by a local government legislative body agreeing to submit a proposed shoreline master program or amendments to the Washington State Department of Ecology for review and official action pursuant to this chapter; or an official action by the Washington State Department of Ecology to make a local government shoreline master program effective, thereby incorporating the approved shoreline master program or amendment into the state master program. (Ord. 2016-006, 2016)

17B.02.100 Aquaculture.
"Aquaculture" means the culture or farming of fish, shellfish, or other aquatic plants and animals. Aquaculture does not include the harvest of wild geoduck associated with the state managed wildstock geoduck fishery. (Ord. 2016-006, 2016)

17B.02.105 Average grade level.
"Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over-water, average grade level shall be the elevation of the ordinary high water mark (OHWM). Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. (Ord. 2016-006, 2016)

17B.02.110 Avulsion.
"Avulsion" means a sudden cutting off or separation of land by a flood breaking through a meander or by a sudden change in current whereby the stream deserts its old channel for a new one. (Ord. 2016-006, 2016)

17B.02.115 Boat launch ramp.
"Boat launch ramp" means a graded slope, slab, pad, plank or rail used for launching boats by means of a trailer, hand, or mechanical device. (Ord. 2016-006, 2016)

17B.02.120 Boat launch ramp, primitive.
"Boat launch ramp, primitive" means a boat launch ramp designed to facilitate hand launching of small crafts provided the materials and design are compatible with the site. (Ord. 2016-006, 2016)

17B.02.125 Boat launch ramp, public or community.
"Boat launch ramp, public or community" means a boat launch ramp owned or operated by a public entity or privately owned or operated and open to the public or community group (e.g., homeowner’s association). (Ord. 2016-006, 2016)

17B.02.130 Bulkhead.
"Bulkhead" means a wall-like, shoreline armoring structure such as a revetment that is placed parallel to the shoreline (at or near the OHWM) primarily for retaining uplands, stabilizing shoreline and fills, and prone to sliding or sheet erosion and to protect uplands and fills from erosion by waves or currents. (Ord. 2016-006, 2016)

17B.02.135 Channel migration zone (CMZ).
"Channel migration zone (CMZ)" means the area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. (Ord. 2016-006, 2016)

17B.02.140 Conditional use.
"Conditional use" means a use, development, or substantial development which is classified as a conditional use or is not classified within the master program. (Ord. 2016-006, 2016)

17B.02.145 Comprehensive master program update.
"Comprehensive master program update" means a master program that fully achieves the procedural and substantive requirements of the Washington State Department of Ecology’s shoreline master program guidelines effective January 17, 2004, as now or hereafter amended. (Ord. 2016-006, 2016)

17B.02.150 Comprehensive plan.
"Comprehensive plan" means the current comprehensive plan of the County, adopted by the Board pursuant to State law. (Ord. 2016-006, 2016)

17B.02.155 Critical areas.
"Critical areas" includes the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (Ord. 2016-006, 2016)

17B.02.160 Critical aquifer recharge area (CARA).
"Critical aquifer recharge area (CARA)" means an area designated by WAC 365-190-100 that is determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190-030(3). (Ord. 2016-006, 2016)

17B.02.165 Critical facility.
"Critical facility" means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. (Ord. 2016-006, 2016)

17B.02.170 Dam.
"Dam" means a barrier or controlling and appurtenant works across a stream or river that does or can confine, impound or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris. (Ord. 2016-006, 2016)

17B.02.175 Degradation.
"Degradation" as it pertains to riverine morphology means the lowering of a streambed due to such factors as increased scouring. (Ord. 2016-006, 2016)

17B.02.180 Development.
"Development" means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling; removal of any sand, gravel or minerals; bulkheading; driving of pilings; placing of obstructions; interior building improvements that do not change the use or occupancy; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act at any stage state of water level. Residential development includes single-family development, multi-family development, and the creation of new residential lots through subdivision. (Ord. 2016-006, 2016)

17B.02.185 Development regulations.
"Development regulations" means the controls placed on development or land uses by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, all portions of a shoreline master program other than goals and policies approved or adopted under RCW Chapter 90.58, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. (Ord. 2016-006, 2016)

17B.02.190 Ecological functions or shoreline functions.
"Ecological functions" or "shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-201(2)(c). (Ord. 2016-006, 2016)

17B.02.195 Ecological restoration.
"Ecological restoration" see definition for "restore." (Ord. 2016-006, 2016)

17B.02.200 Ecologically intact shorelines.
"Ecologically intact shorelines" means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation, and provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Ecologically intact shoreline areas range from larger reaches that may include multiple properties to small areas located within a single property and are generally free of structural shoreline modifications, structures, and intensive human uses. (Ord. 2016-006, 2016)

17B.02.205 Ecosystem-wide processes.
"Ecosystem-wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. (Ord. 2016-006, 2016)

17B.02.210 Enhancement.
"Enhancement" means actions performed within an existing degraded shoreline, critical area, and/or buffer to intentionally increase or augment one or more ecological functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover; increasing wildlife habitat and structural complexity (snags, woody debris); installing environmentally compatible erosion controls; removing non-indigenous plant or animal species; or removing human-made structures or fill that are degrading ecological functions or values. (Ord. 2016-006, 2016)

17B.02.215 Environmental designation.
"Environmental designation" means a categorical classification of a land parcel that reflects the biological and physical character of the shoreline, as well as the type of development that has or should take place in a given area. (Ord. 2016-006, 2016)

17B.02.220 Exempt.
"Exempt" developments are those set forth in WAC 173-27-040 and RCW 90.58.030(3)(e), 90.58.140(9), and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the Act and the local master program. (Ord. 2016-006, 2016)

17B.02.225 Fair market value.
"Fair market value" of a development is the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. (Ord. 2016-006, 2016)

17B.02.230 Feasible.
"Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions:

  1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results;
  2. The action provides a reasonable likelihood of achieving its intended purpose;
  3. The action does not physically preclude achieving the project's primary intended legal use; and
  4. In cases where these guidelines require certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. In determining an action's infeasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames.

(Ord. 2016-006, 2016)

17B.02.235 Feedlot.
"Feedlot" means the use of structures or pens for the concentrated feeding or holding of animals or poultry including, but not limited to, horses, cattle, sheep or swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal holding pens, poultry and/or egg production facilities and fur farms, but does not include animal husbandry and normal farming practices. (Ord. 2016-006, 2016)

17B.02.240 Fill.
"Fill" means any solid or semi-solid material that when placed, changes the grade or elevation of the receiving site, including the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the ordinary high water mark (OHWM), in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. (Ord. 2016-006, 2016)

17B.02.245 Fish and wildlife habitat conservation area.
"Fish and wildlife habitat conservation area" means Fish and Wildlife Habitat Conservation Areas (FWHCA) that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems; communities; and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (Ord. 2016-006, 2016)

17B.02.250 Floodplain.
"Floodplain" is synonymous with one hundred-(100)-year floodplain and means that land area susceptible to inundation with a one percent (1%) chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act. (Ord. 2016-006, 2016)

17B.02.255 Floodway.
"Floodway" means the area, as identified in a master program, that either:

  1. Has been established in federal emergency management agency flood insurance rate maps or floodway maps (defined as the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood (one hundred-(100)-year flood) without cumulatively increasing water surface elevation more than a designated height of one (1) foot); or
  2. Consists of those portions of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition, topography, or other indicators of flooding that occur with reasonable regularity, although not necessarily annually. Regardless of the method used to identify the floodway, the floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

(Ord. 2016-006, 2016)

17B.02.260 Frequently flooded areas.
"Frequently flooded areas" means lands in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater and those lands that provide important flood storage, conveyance, and attenuation functions. These areas include, but are not limited to, streams, rivers, lakes, wetlands, and areas where high groundwater forms ponds on the ground surface. As designated and classified determined by a local government in accordance with WAC 365-190-110. Classifications of frequently flooded areas include, at a minimum, the one hundred-(100)-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. (Ord. 2016-006, 2016)

17B.02.265 Geotechnical analysis or geotechnical report.
"Geotechnical analysis" or "geotechnical report" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down-current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. (Ord. 2016-006, 2016)

17B.02.270 Grading.
"Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. (Ord. 2016-006, 2016)

17B.02.275 Groundwater.
"Groundwater" means all the 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 or flows, percolates or otherwise moves. (Ord. 2016-006, 2016)

17B.02.280 Height.
"Height" is measured from average grade level to the highest point of a structure: provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included; provided further, that temporary construction equipment is excluded in this calculation. (Ord. 2016-006, 2016)

17B.02.285 High intensity agricultural activities.
"High intensity agricultural activities" means dairies, animal feed lots, nurseries, greenhouses, and like uses which are commercially operated. (Ord. 2016-006, 2016)

17B.02.290 Hobby farm.
"Hobby farm" means a primary residence with an associated small farm, operated for pleasure or supplemental income, where the resident(s) and/or property owner(s) conduct agricultural activities similar to high intensity agricultural activities. (Ord. 2016-006, 2016)

17B.02.295 Hyporheic zone.
"Hyporheic zone" is the region beneath and alongside a stream bed, where there is mixing of shallow groundwater and surface water. (Ord. 2016-006, 2016)

17B.02.300 In-stream structure.
"In-stream structure" is a structure, other than a pier or dock, which is placed waterward of the ordinary high water mark and either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In-stream structures include natural materials that are installed or repositioned by humans, such as root wads and log jams, for purposes of stream restoration or shoreline stabilization. (Ord. 2016-006, 2016)

17B.02.305 Lake.
"Lake" means a body of standing water in a depression of land or expanded part of a stream, of twenty (20) acres or greater in total surface area, including reservoirs. A lake is bounded by the ordinary high water mark (OHWM), or where a stream enters the lake, the extension of the lake's OHWM within the stream. (Ord. 2016-006, 2016)

17B.02.310 Limited master program amendment.
"Limited master program amendment" means a master program amendment that addresses specific procedural and/or substantive topics and which is not intended to meet the complete requirements of a comprehensive master program update. (Ord. 2016-006, 2016)

17B.02.315 Local government.
"Local government" means any county, incorporated city or town which contains within its boundaries shorelines of the state subject to RCW Chapter 90.58. (Ord. 2016-006, 2016)

17B.02.320 Marine.
"Marine" means pertaining to tidally influenced waters, including oceans, sounds, straits, marine channels, and estuaries, including the Pacific Ocean, Puget Sound, Straits of Georgia and Juan de Fuca, and the bays, estuaries, and inlets associated therewith. (Ord. 2016-006, 2016)

17B.02.325 Master program or Shoreline master program or Program.
"Master program" or "Shoreline master program" or "Program" means the comprehensive use plan for a described area, the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020 and the applicable guidelines. As provided in RCW 36.70A.480, the goals and policies of a shoreline master program approved under RCW Chapter 90.58 shall be considered an element of the county’s comprehensive plan. All other portions of the county’s shoreline master program adopted under RCW Chapter 90.58, including use regulations, shall be considered a part of the county’s development regulations. (Ord. 2016-006, 2016)

17B.02.330 May.
"May" means the action is acceptable, provided it conforms to the provisions of this chapter. (Ord. 2016-006, 2016)

17B.02.335 Mineral prospecting.
"Mineral prospecting" means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment, conducted according to the provisions of WAC 220-110-200 through 220-110-206. (Ord. 2016-006, 2016)

17B.02.340 Mining.
"Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and other uses. Mining does not include mineral prospecting conducted according to WAC 220-110-200 through 220-110-206. (Ord. 2016-006, 2016)

17B.02.345 Must.
"Must" means a mandate; the action is required. (Ord. 2016-006, 2016)

17B.02.350 Natural or existing topography.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavation or filling. (Ord. 2016-006, 2016)

17B.02.355 Nonconforming structure.
"Nonconforming structure" means a structure within the shoreline jurisdiction that was lawfully established prior to the effective date of this master program, or through the variance process, which does not conform to present setbacks, buffers, bulk, height or other development standards. (Ord. 2016-006, 2016)

17B.02.360 Nonconforming use.
"Nonconforming use" means a use which was lawfully established prior to the effective date of this master program, or amendments thereto, but which does not conform to present regulations or standards of this program, including procedural requirements such as those requiring certain uses to obtain conditional use permit approval. (Ord. 2016-006, 2016)

17B.02.365 Non-water-oriented uses.
"Non-water-oriented uses" means those uses that are not water-dependent, water-related, or water-enjoyment. (Ord. 2016-006, 2016)

17B.02.370 Ordinary high water mark (OHWM).
"Ordinary high water mark (OHWM)" on all lakes, streams, and tidal water means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Washington State Department of Ecology; provided that in any area where the OHWM cannot be found, the OHWM salt water shall be the line of mean higher high tide and the OHWM adjoining freshwater shall be the line of mean high water. (Ord. 2016-006, 2016)

17B.02.375 Permit.
"Permit" means any substantial development, variance, conditional use permit, or revision authorized under RCW Chapter 90.58. (Ord. 2016-006, 2016)

17B.02.380 Priority habitat.
"Priority habitat" means a habitat type with a unique or significant value to one (1) or more species. An area classified and mapped as priority habitat must have one (1) or more of the following attributes: comparatively high fish or wildlife densities; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridors; rearing and foraging habitat; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish beds. A priority habitat may be described by its unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife (WAC 173-26-020(28)). (Ord. 2016-006, 2016)

17B.02.385 Priority species.
"Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the criteria listed in WAC 173-26-020(29). (Ord. 2016-006, 2016)

17B.02.390 Program.
"Program" see definition for "Master program." (Ord. 2016-006, 2016)

17B.02.395 Provisions.
"Provisions" means policies, regulations, standards, guideline criteria or environment designations. (Ord. 2016-006, 2016)

17B.02.400 Public interest.
"Public interest" means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. (Ord. 2016-006, 2016)

17B.02.405 Qualified professional.
"Qualified professional" means a person with experience and training with expertise appropriate for the relevant subject. A qualified professional must have obtained a B.S. or B.A. degree or have appropriate education and experience in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology, or related field. (Ord. 2016-006, 2016)

17B.02.410 Rehabilitation.
"Rehabilitation" means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime. (Ord. 2016-006, 2016)

17B.02.415 Restore, restoration, or ecological restoration.
"Restore," "restoration" or "ecological restoration" means the re-establishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, re-vegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions. (Ord. 2016-006, 2016)

17B.02.420 Riverine erosion hazard areas.
"Riverine erosion hazard areas" are located within the lateral extent of likely watercourse channel movement due to bank destabilization and erosion, rapid incision, and shifts in location of watercourse channels. Riverine erosion hazard areas are also referred to as channel migration zones (CMZs). (Ord. 2016-006, 2016)

17B.02.425 Setback.
"Setback" means the distance a building or structure is placed behind a specified limit such as a lot line or shoreline buffer. (Ord. 2016-006, 2016)

17B.02.430 Shall.
"Shall" means a mandate; the action must be done. (Ord. 2016-006, 2016)

17B.02.435 Shorelands or shoreland areas.
"Shorelands" or "shoreland areas" means those lands extending landward for two hundred (200) feet in all directions as measured on a horizontal plane from the OHWM; floodways and contiguous floodplain areas landward two hundred (200) feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Washington State Department of Ecology.

  1. Any county or city may determine that portion of a one hundred-(100)-year-floodplain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred (200) feet therefrom.
  2. Any city or county may also include in its master program land necessary for buffers for critical areas, as defined in RCW Chapter 36.70A, that occur within shorelines of the state, provided that forest practices regulated under RCW Chapter 76.09, except conversions to non-forest land use, on lands subject to the provisions of RCW 90.58.030(2)(d)(ii) are not subject to additional regulations under this chapter.

(Ord. 2016-006, 2016)

17B.02.440 Shoreline areas and shoreline jurisdiction.
"Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. (Ord. 2016-006, 2016)

17B.02.445 Shoreline functions.
"Shoreline functions" see definition for "ecological functions." (Ord. 2016-006, 2016)

17B.02.450 Shoreline master program.
"Shoreline master program" see definition for "Master program." (Ord. 2016-006, 2016)

17B.02.455 Shoreline modifications.
"Shoreline modifications" means any human activity that changes the structure, hydrology, habitat, and/or functions of a shoreline. Bulkheads, piers, docks, shoreline stabilization systems, clearing and grading, application of chemicals, berms or significant vegetation removal, and dikes are all examples of shoreline modifications. (Ord. 2016-006, 2016)

17B.02.460 Shorelines.
"Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second (20 cfs) or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. (Ord. 2016-006, 2016)

17B.02.465 Shorelines of statewide significance.
"Shorelines of statewide significance" means the shorelines identified in RCW 90.58.030 which because of their elevated status require the optimum implementation of the Shoreline Management Act’s policies. This includes all rivers with a mean annual flow of greater than two hundred cubic feet per second (200 cfs) and lakes with surface areas of one thousand (1,000) acres or more. (Ord. 2016-006, 2016)

17B.02.470 Shorelines of the state.
"Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the state. (Ord. 2016-006, 2016)

17B.02.475 Should.
"Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this chapter, against taking the action. (Ord. 2016-006, 2016)

17B.02.480 Significant vegetation removal.
"Significant vegetation removal" means the removal or alteration of trees, shrubs, and/or groundcover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping where it does not affect ecological functions, does not constitute significant vegetation removal. (Ord. 2016-006, 2016)

17B.02.485 State master program.
"State master program" means the cumulative total of all shoreline master programs and amendments thereto approved or adopted by rule by the Washington State Department of Ecology. (Ord. 2016-006, 2016)

17B.02.490 Structure.
"Structure" means a permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. (Ord. 2016-006, 2016)

17B.02.495 Structure, in-stream.
"Structure, in-stream" see definition for "In-stream Structure." (Ord. 2016-006, 2016)

17B.02.500 Substantial development.
"Substantial development" as defined by RCW 90.58.030(3)(e). (Ord. 2016-006, 2016)

17B.02.505 Transmit.
"Transmit" means to send from one (1) person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand-delivered items, is the date of receipt at the destination. (Ord. 2016-006, 2016)

17B.02.510 Type F water.
"Type F water" means streams and waterbodies that are known to be used by fish, or meet the physical criteria to be potentially used by fish. Fish streams may or may not have flowing water all year; they may be perennial or seasonal. (Ord. 2016-006, 2016)

17B.02.515 Type Np water.
"Type Np water" means streams that have flow year round and may have spatially intermittent dry reaches downstream of perennial flow. Type Np streams do not meet the physical criteria of a Type F stream. (Ord. 2016-006, 2016)

17B.02.520 Type Ns water.
"Type Ns water" means stream that do not have surface flow during at least some portion of the year, and do not meet the physical criteria of a Type F water. (Ord. 2016-006, 2016)

17B.02.525 Type S water.
"Type S water" means streams and waterbodies that are designated as "shorelines of the state." (Ord. 2016-006, 2016)

17B.02.530 Water-dependent use.
"Water-dependent use" means a use or portion of a use which cannot exist in a location that is not adjacent to the water and which is dependent on the water by reason of the intrinsic nature of its operations. (Ord. 2016-006, 2016)

17B.02.535 Water-enjoyment use.
"Water-enjoyment use" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. (Ord. 2016-006, 2016)

17B.02.540 Water-oriented use.
"Water-oriented use" means a use that is water-dependent, water-related, or water-enjoyment, or a combination of such uses. (Ord. 2016-006, 2016)

17B.02.545 Water quality.
"Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Where used in this chapter, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and stormwater handling practices. Water quantity, for purposes of this chapter, does not mean the withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. (Ord. 2016-006, 2016)

17B.02.550 Water-related use.
"Water-related use" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because:

  1. The use has a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
  2. The use provides a necessary service supportive of the water-dependent uses and the proximity of the use to its customers makes its services less expensive and/or more convenient.

(Ord. 2016-006, 2016)

17B.02.555 Water system.
"Water system" means any system providing water intended for, or used for, human consumption, domestic uses, or commercial businesses. It includes, but is not limited to, the source, purification, storage, transmission, pumping, and distribution facilities. (Ord. 2016-006, 2016)

17B.02.560 Wetland creation.
"Wetland creation" means construction of a wetland in an area that was historically non-wetland. (Ord. 2016-006, 2016)

17B.02.565 Wetland restoration.
"Wetland restoration" means restoration of original wetland hydrology, vegetation, and functions at sites where wetlands existed previously, but where they have been impacted by prior or surrounding land uses. (Ord. 2016-006, 2016)

17B.02.570 Wetlands.
"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 non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. (Ord. 2016-006, 2016)

17B.02.575 Variance.
"Variance" is a means to grant relief from the specific bulk, dimensional or performance standards set forth in the applicable master program and not a means to vary a use of a shoreline. (Ord. 2016-006, 2016)

17B.02.580 Vessel.
"Vessel" includes ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. (Ord. 2016-006, 2016)

17B.02.585 Acronym list.

ADA Americans with Disabilities Act
BLMFederal Bureau of Land Management
BMPsBest Management Practices
CACCitizen advisory committee
CARACritical aquifer recharge area
CERCLAComprehensive Environmental Response, Compensation and Liability Act
CFSCubic feet per second
CMZChannel migration zone
EPAEnvironmental Protection Agency
FEMAFederal Emergency Management Agency
FWHCAFish and wildlife habitat conservation area
GMAGrowth Management Act
HPAHydraulic project approval
ILFIn-lieu fee
ICRShoreline Inventory and Characterization Report
JARPAJoint aquatic resource permit
KCCKittitas County Code
LAMIRDLimited areas of more intensive rural development
MTCAModel Toxics Control Act
OHWMOrdinary high water mark
RCWRevised Code of Washington
SMAShoreline Management Act
SMPShoreline Master Program
TACTechnical advisory committee
TESCTemporary erosion and sediment control
UGAUrban Growth Area
WACWashington Administrative Code
WDFWWashington State Department of Fish and Wildlife
WSDOTWashington State Department of Transportation

(Ord. 2016-006, 2016)


Chapter 17B.03
GOALS AND OBJECTIVES

Sections
17B.03.010 Conservation element.
17B.03.020 Shoreline use element.
17B.03.030 Economic development element.
17B.03.040 Public access element.
17B.03.050 Recreation element.
17B.03.060 Circulation element.
17B.03.070 Historical/cultural element.
17B.03.080 Flood hazard prevention element.

17B.03.010 Conservation element.
Pursuant to RCW 36.70A.480, the conversation element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.020 Shoreline use element.
Pursuant to RCW 36.70A.480, the shoreline use element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.030 Economic development element.
Pursuant to RCW 36.70A.480, the economic development element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.04.010 Public access element.
Pursuant to RCW 36.70A.480, the public access element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.050 Recreation element.
Pursuant to RCW 36.70A.480, the recreation element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.060 Circulation element.
Pursuant to RCW 36.70A.480, the circulation element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.070 Historical/cultural element.
Pursuant to RCW 36.70A.480, the historical/cultural element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.03.080 Flood hazard prevention element.
Pursuant to RCW 36.70A.480, the flood hazard prevention element goals and objectives of the 2016 Kittitas County Shoreline Master Program shall be considered part of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)


Chapter 17B.04
ENVIRONMENT DESIGNATIONS AND MANAGEMENT POLICIES

Sections
17B.04.010 Purpose and intent.
17B.04.020 Evaluation.
17B.04.030 Environment designations.
17B.04.040 Natural environment.
17B.04.050 Rural conservancy environment.
17B.04.060 Urban conservancy environment.
17B.04.070 Shoreline residential environment.
17B.04.080 Aquatic environment.
17B.04.090 Shoreline use and modification table.

17B.04.010 Purpose and intent.
This chapter is intended to meet the requirements in WAC 173-26-211(2)(a), which states:

Master programs shall contain a system to classify shoreline areas into specific environment designations. This classification system shall be based on the existing use pattern, the biological and physical character of the shoreline, and the goals and aspirations of the community as expressed through comprehensive plans as well as the criteria in this Section. Each master program's classification system shall be consistent with that described in WAC 173-26-211 (4) and (5) unless the alternative proposed provides equal or better implementation of the act.
(Ord. 2016-006, 2016)

17B.04.020 Evaluation.
Environment designations were created by evaluating the existing use patterns, biological and physical characteristics, zoning designations, and comprehensive plan designations. The inventory and characterization data, depicted on maps and described in text, was used to determine the extent of shoreline alterations. (Ord. 2016-006, 2016)

17B.04.030 Environment designations.
The shoreline environment designation system includes five (5) environments: natural, rural conservancy, urban conservancy, shoreline residential, and aquatic. Each environment designation contains a purpose statement, management policies and designation criteria.

For all areas not specifically designated, the environment designation will be rural conservancy in rural areas, and urban conservancy in urban growth areas. (Ord. 2016-006, 2016)

17B.04.040 Natural environment.

  1. Purpose. The purpose of the natural shoreline environment designation is to protect or restore shoreline areas that are relatively free of human influence or include intact or minimally degraded shoreline functions intolerant of human use. The natural shoreline environment designation maintains the ecological functions and ecosystem-wide processes of such areas by limiting future uses to low intensity uses that are compatible with the natural characteristics that make these areas unique and valuable.
  2. Management policies. Pursuant to RCW 36.70A.480, the natural environment management policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  3. Designation criteria.
    1. A natural environment designation should be assigned to shoreline areas if any of the following characteristics apply:
      1. The shoreline is ecologically intact and therefore, currently performing an important, irreplaceable function or ecosystem-wide process that would be damaged by human activity;
      2. The shoreline is considered to represent ecosystems or geologic types that are of particular scientific and educational interest;
      3. The shoreline is unable to support new uses or development without significant adverse impacts to ecological functions or risk to human safety; or
      4. The shoreline includes largely undisturbed portions of shoreline areas such as wetlands, alkaline lakes, unstable bluffs, and ecologically intact shoreline habitats.
    2. Areas with significant existing agriculture lands should not be included in the natural designation, except where the existing agricultural operations involve very low intensity uses where there is no significant impact on natural ecological functions, and where the intensity or impacts associated with such agriculture activities is unlikely to expand in a manner inconsistent with the natural designation.

(Ord. 2016-006, 2016)

17B.04.050 Rural conservancy environment.

  1. Purpose. The purpose of the rural conservancy environment is to protect ecological functions, natural resources, and valuable historic and cultural areas in order to provide for sustained resource use, natural flood plain processes, and recreational opportunities.
  2. Management policies. Pursuant to RCW 36.70A.480, the rural conservancy management policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  3. Designation criteria. A rural conservancy environment designation should be assigned to shoreline areas outside incorporated municipalities and outside urban growth areas, as defined by RCW 36.70A.110, if any of the following characteristics apply:
    1. A rural conservance environment designation should be assigned to shoreline areas outside incorporated municipalities and outside urban growth areas, as defined by RCW 36.70A.110, if any of the following characteristics apply:
      1. The shoreline is currently supporting lesser intensity resource-based uses, such as agriculture, or recreational uses, or is designated agricultural lands pursuant to RCW 36.70A.170;
      2. The shoreline is currently accommodating residential uses outside urban growth areas and incorporated cities or towns;
      3. The shoreline is supporting human uses but subject to environmental limitations, such as properties that include or are adjacent to steep banks, feeder bluffs, flood plains, or other flood prone areas;
      4. The shoreline is of high recreational value or with unique historic or cultural resources; or
      5. The shoreline has low intensity water-dependent uses.

(Ord. 2016-006, 2016)

17B.04.060 Urban conservancy environment.

  1. Purpose. The purpose of the urban conservancy environment is to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses.
  2. Management policies. Pursuant to RCW 36.70A.480, the urban conservancy environment management policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  3. Designation criteria.
    1. Assign an urban conservancy environment designation to shoreline areas appropriate and planned for development that is compatible with maintaining or restoring the ecological functions of the area, that are not generally suitable for water-dependent uses and that lie in incorporated municipalities, urban growth areas, or commercial or industrial "limited areas of more intense development" if any of the following characteristics apply:
      1. They are suitable for water-related or water-enjoyment uses;
      2. They are open space, floodplain or other sensitive areas that should not be more intensively developed;
      3. They have potential for ecological restoration;
      4. They retain important ecological functions, even though partially developed; or
      5. They have the potential for development that is compatible with ecological restoration.

(Ord. 2016-006, 2016)

17B.04.070 Shoreline residential environment.

  1. Purpose. The purpose of the shoreline residential environment is to accommodate residential development and accessory structures as well as appropriate public access and recreational uses.
  2. Management policies. Pursuant to RCW 36.70A.480, the shoreline residential environment management policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  3. Designation criteria. Assign a shoreline residential environment designation to shoreline areas inside urban growth areas, as defined in RCW 36.70A.110, incorporated municipalities, "limited areas of more intense rural development," "master planned resorts," as described in RCW 36.70A.360, and in limited rural areas that are developed with or planned and platted for predominantly single-family or multi-family residential development.

(Ord. 2016-006, 2016)

17B.04.080 Aquatic environment.

  1. Purpose. The purpose of the aquatic environment is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the Ordinary High Water Mark (OHWM).
  2. Management policies. Pursuant to RCW 36.70A.480, the aquatic environment management policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  3. Designation criteria. Assign an aquatic environment designation to lands waterward of the OHWM.

(Ord. 2016-006, 2016)

17B.04.090 Shoreline use and modification table.
Shoreline use and modification shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Program.

(Ord. 2016-006, 2016)

17B.04.090.1 Shoreline Use and Modification Table
Proposed Land Use Shoreline Environment Designation
Legend P: Permitted with a shoreline permit
C: Conditional use permit required
X: Prohibited
S: Refer to upland shoreline environment
NA: Use is not applicable in this environment
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic
Agriculture
Grazing P P P P NA
Cultivation/orchards P P P C NA
Buildings P P P C NA
Feedlot X X X X NA
Manure Lagoon X X X X NA
Aquaculture
Floating net pens NA NA NA NA C
On shore, confined types of facilities and accessory structures C C C X NA
Boating facilities and marinas
Covered over-water structures NA NA NA NA X
Launch ramps, public or community P P C C S
Launch ramps, primitive P P P P S
Launch ramps, private X X X X X
Marinas P P C X S
Private and joint use docks, piers, and floats P P P C S
Commercial
Water-dependent P X P X S
Water-enjoyment P C P X S
Water-related C X C X S
Non-water-oriented X X X X X
Dredging
Dredging and dredge material disposal associated with maintenance of public facilities and approved by WDFW. P P P X S
All other dredging and dredge material disposal C C C X S
Filling, grading, and excavation
Activities defined in Sections 2.38 and 2.44. Requirements for fill landward of the ordinary high water mark shall be based on corresponding primary land use in Table 4.9-1. Fill waterward of the ordinary high water mark for any use except ecological restoration requires a conditional use permit. (1) (1) (1) (1) (1)
Forest Practices
Non-federal and non-exempt practices P P P C S
Industrial
Water-oriented industrial development C C C X S
Non-water-oriented industrial development X X X X X
In-stream structures
In-stream structures except those specifically listed below. P P C C S
Dams, diversions, and tailrace structures C C C C C
Channelization or dams for flood control C P C X S
Mining
Mineral prospecting P P P P P
Mining C X C X C
Surface oil and gas drilling X X X X X
Recreational
Water-dependent P P P P P
Water-enjoyment P P P P P
Water-related P P P C S
Non-water-oriented C C C X S
Residential
Single-family dwelling, including accessory dwelling unit P P P C X
Two-family dwelling P P P X X
Multi-family dwelling P P X X X
Overwater residence X X X X X
Shoreline restoration and habitat enhancement
Shoreline restoration and habitat enhancement activities P P P P S
Shoreline stabilization
Dikes/levees C C C X C
Breakwaters, groins and jetties C C C C C
Bulkheads and revetments C C C X C
Bioengineering approaches P P P C C
Signs
Signage P P P P X
Transportation
Roads, bridges, and railroads P P P X S
Parking accessory to a permitted use P P P C X
Parking not accessory to a permitted use X X X X X
Unclassified Uses
Uses not otherwise identified in this Table C C C C C
Utilities
Utility facilities accessory to existing uses and/or developments or undergoing shoreline review N/A N/A N/A N/A N/A
Water System P P P C S
Utility production and processing facilities (see 5.19.B.4) C C C X C
Solid waste disposal facilities X X X X X
Power generating facilities C C C C C
Transmission facilities (see 5.19.B.9-10) C C C C C
Telecommunication towers X X X X X

Chapter 17B.05
GENERAL POLICIES AND REGULATIONS

Sections
17B.05.010 Archaeological and historical resources.
17B.05.020 Environmental protection and critical areas.
17B.05.020A Policies for all critical areas.
17B.05.020B General regulations for environmental protection.
17B.05.020C General regulations for all critical areas.
17B.05.020D Mitigation – requirements for all critical areas.
17B.05.020E Mitigation – mitigation plan contents for all critical areas.
17B.05.020F Wetlands – designation, mapping, delineation, and categorization.
17B.05.020G Wetlands – buffers.
17B.05.020H Wetlands – reporting.
17B.05.020I Wetlands – compensatory mitigation.
17B.05.020J Aquatic habitat conservation areas – designation and mapping.
17B.05.020K Aquatic habitat conservation areas – buffers.
17B.05.020L Aquatic habitat conservation areas – reporting.
17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping, and surveying.
17B.05.020N Wildlife habitat conservation areas – reporting and mitigation requirements.
17B.05.020O Geologically hazardous areas – designation, classification, and mapping.
17B.05.020P Geologically hazardous areas – reporting and protection standards.
17B.05.020Q Frequently flooded areas – designation and mapping.
17B.05.020R Frequently flooded areas – protection standards.
17B.05.020S Frequently flooded areas – reporting.
17B.05.020T Frequently flooded areas – compensatory mitigation.
17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification.
17B.05.020V Critical aquifer recharge areas – protection standards.
17B.05.020W Critical aquifer recharge areas – reports.
17B.05.030 Flood hazard reduction.
17B.05.040 Public access.
17B.05.050 Shoreline buffers and vegetation conservation.
17B.05.060 Water quality, stormwater, and nonpoint pollution.

17B.05.010 Archaeological and historical resources.
The following provisions apply to cultural, archaeological, and historical resources that are either recorded at the Washington State Department of Archeology and Historic Preservation and/or by local jurisdictions or have been inadvertently uncovered. Archaeological sites located both in and outside shoreline jurisdiction are subject to RCW Chapter 27.44 (Indian graves and records) and RCW Chapter 27.53 (Archaeological sites and records). Shoreline uses or development that may impact such sites shall comply with WAC Chapter 25-48 as well as the provisions of this chapter.

  1. Policies. Pursuant to RCW 36.70A.480, the archaeological and historical resources policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Developers and property owners shall immediately stop work and notify the local government, the Washington State Department of Archeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. Construction may recommence pursuant to RCW 27.44.040, RCW 27.53.040 and WAC 25-48-030. A notification stating this requirement shall be included on shoreline permit documents.
    2. Prior to issuance of a permit in areas documented to contain cultural or archaeological resources, a cultural resources site inspection or evaluation by a professional archaeologist shall be required in coordination with affected Indian tribes.
    3. If a cultural resource site inspection or evaluation identifies the presence of significant historic or archaeological resources, a cultural resource management plan shall be prepared by a professional archaeologist or historic preservation professional. In addition, a permit or other requirements administered by the Washington State Department of Archaeology and Historic Preservation pursuant to RCW 27.44 and RCW 27.53 may apply.

(Ord. 2016-006, 2016)

17B.05.020 Environmental protection and critical areas.
The following provisions apply to any use or development occurring in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County. (Ord. 2016-006, 2016)

17B.05.020A Policies for all critical areas.
Pursuant to RCW 36.70A.480, the policies for all environmental protection and critical areas of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.05.020B General regulations for environmental protection.
The following provisions apply to any use or development occurring in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County.

  1. Proponents of new shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall employ all reasonable measures to protect shoreline functions and processes.
  2. Adverse impacts caused by new shoreline use and development shall be mitigated using the following actions in order of priority (referred to as the mitigation sequence):
    1. Avoiding the impact altogether by not taking a certain action or parts of an action;
    2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by adhering to the dimensional requirements, performance standards and design criteria in this Program and using other technologies or steps, as needed, to avoid or reduce impacts;
    3. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
    4. Reducing or eliminating the impact over time by preservation and maintenance operations;
    5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and
    6. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
  3. Proposals for new shoreline uses and developments shall clearly identify potential shoreline impacts. During initial review of the proposal, the Administrator may require the applicant to submit documentation, prepared by a qualified professional, to assess the degree and extent of potential impacts to shoreline functions. When reviewing proposals for new shoreline use and development, the Administrator shall first determine whether identified shoreline impacts have been avoided and secondly minimized. The Administrator shall require compensatory mitigation, designed by a qualified professional, for development proposals that:
    1. Do not fully conform to one (1) or more of the dimensional requirements, performance standards, and/or design criteria in this Program; or
    2. Require a variance or conditional use permit; or
    3. Result in measureable damage, loss and/or displacement of a wetland, aquatic habitat conservation area, wildlife habitat conservation area, flood storage or conveyance area, or critical aquifer recharge area.
  4. Land divisions: When new lots are created within shoreline jurisdiction they shall meet all of the following conditions:
    1. All lots shall contain sufficient area outside of the shoreline buffer (see Table 5.5-1), wetland and/or wetland buffer, aquatic habitat conservation area and/or aquatic habitat conservation area buffer, floodway, channel migration zone or landslide hazard area and/or landslide hazard area buffer to accommodate the use and/or development. Land divisions for non-water-dependent and non-water-related developments that create more than four (4) new lots shall adhere to the standard shoreline buffer requirements shown in Table 5.5-1 without buffer averaging or reduction. Buffers that have been averaged or reduced by any prior actions administered by Kittitas County shall not be further averaged or reduced.
    2. A new lot or parcel may be created in a seismic hazard area as long as there is a note on the face of the plat or other recorded document which indicates the presence of a potential hazard.
    3. Open space or conservation area lots may be established without a site that is suitable for use and/or development provided there is a note on the face of the plat or other recorded document which indicates the purpose of the lot.
  5. Compensatory mitigation measures shall occur in the vicinity of the impact or at an alternative location within the same watershed that provides greater and more sustainable ecological benefits. When determining whether offsite mitigation provides greater and more sustainable benefits, the Administrator shall consider limiting factors, critical habitat needs, and other factors identified by the April 2014 Shoreline Restoration Plan, or an approved watershed or comprehensive resource management plan. The Administrator may also approve use of alternative mitigation practices such as in-lieu fee programs, mitigation banks, and other similar approaches when they meet the requirements of 5.2.D.4.
  6. The Administrator shall prohibit any shoreline use or development that will result in unmitigated cumulative impacts.
  7. When compensatory mitigation plans for impacts to shoreline resources are required, all of the following shall apply:
    1. The quality and quantity of the replaced, enhanced, or substituted resources shall be the same or better than the affected resources;
    2. The mitigation site and associated vegetative planting shall be nurtured and maintained such that healthy native plant communities grow and mature over time;
    3. The mitigation shall be informed by pertinent scientific and technical studies, including, but not limited to, the May 2013 Shoreline Inventory and Characterization Report (ICR), the April 2014 Shoreline Restoration Plan, and other background studies prepared in support of this Program;
    4. The mitigation shall replace the functions as quickly as possible following the impacts;
    5. Mitigation activity shall be monitored and maintained to ensure that it achieves its intended functions and values;
    6. The Administrator shall require the applicant/proponent to post a bond or provide other financial surety equal to one hundred fifty percent (150%) of the estimated cost of the mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicant/proponent upon completion of the mitigation activity and any required monitoring; and
    7. Compensatory mitigation plans shall be prepared by qualified professionals with education, training and experience in the applicable field.
  8. The County shall have the authority to require the applicant/proponent to submit special studies, assessment, and analyses as necessary to identify and address impacts including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, flood and floodplain impacts and other shoreline attributes.
  9. Cumulative effects:
    1. In review of applications for shoreline permits and exemptions, the County shall consider the cumulative impacts of individual uses and developments, including preferred uses and uses that are exempt from permit requirements, when determining whether a proposed use or development could cause a net loss of ecological functions. The geographic scope of the analysis shall include the shoreline water body potentially affected by the proposal within the bounds of the County’s geographic authority, unless the Shoreline Administrator determines that a larger or smaller area of analysis is appropriate.
    2. The County shall have the authority to require the applicant/proponent to prepare special studies, assessments and analyses as necessary to identify and address cumulative impacts including, but not limited to, impacts on fish and wildlife habitat, public access/use, aesthetics, flood and floodplain impacts and other shoreline attributes.
    3. Proponents of shoreline use and development shall take the following factors into account when assessing cumulative impacts:
      1. Current ecological functions and human factors influencing shoreline natural processes;
      2. Reasonably foreseeable future use and development of the shoreline; and
      3. Beneficial effects of any established regulatory programs under other local, state, and federal laws; and
      4. Mitigation measures implemented in conjunction with the proposed project to avoid, reduce and/or compensate for adverse impacts.
    4. The County shall add conditions as needed to address any adverse cumulative effects, and shall prohibit any use or development that would result in unmitigated adverse cumulative impacts.

(Ord. 2016-006, 2016)

17B.05.020C General regulations for all critical areas.
The following provisions apply to any use or development occurring in or adjacent to critical areas or their buffers in shoreline jurisdiction whether or not a permit or other authorization is required from Kittitas County. Critical areas outside of the shoreline jurisdiction shall be regulated by Kittitas County Code (KCC) Title 17A.

  1. Any land, water, or vegetation within the shoreline jurisdiction that meets the critical areas designation criteria under this Section shall be subject to the provisions of this Program and not KCC Title 17A.
  2. Critical area maps: The County shall make available to the public maps or other databases, as appropriate, which show the general location, extent, and classification of regulated critical areas. These maps are to be used as a general guide to the potential presence and location of known critical areas; there may be other critical areas that are not shown on the maps and the critical areas that are shown may or may not fully meet the designation criteria contained in the Program. The maps are 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. Any presumption created by the maps may be rebutted by a preponderance of the evidence.
  3. Proponents of any new shoreline use or development shall provide information concerning the presence, condition, and location of all critical areas and buffers potentially affected by their proposal. The Administrator shall rely on information provided by the proponent as well as other information including, but not limited to, aerial photographs, published reports or studies, visual observations made by qualified professionals, and information provided by resource agencies, tribes, academic institutions and other reliable sources to determine the presence of critical areas and/or required buffers on or adjacent to the subject property.
  4. Building setback: Except as provided in KCC 17B.06.200(B)(12), and where otherwise provided, buildings and other structures shall be set back a distance of fifteen (15) feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. The following are allowed in the building setback area:
    1. Landscaping;
    2. Uncovered decks;
    3. Building overhangs, if such overhangs do not extend more than eighteen (18) inches into the setback area; and
    4. Impervious ground surfaces, such as driveways and patios.
  5. Temporary or permanent field identification: Prior to use and/or development within or adjacent to a critical area, the County should require temporary or permanent field markers delineating the critical area boundary and associated buffer. The type of field markers to be used will be agreed to by the project proponent and the Administrator depending on site conditions and inspection requirements. Field markers shall be spaced at a minimum of every fifty (50) feet, unless alternative placement or spacing is authorized by the Administrator. The location of field stakes must be shown on all site plans and final plats associated with the development proposal. Field markers shall remain in place until any required final inspections are completed and approved. Field markers may be waived by the Administrator if an alternative to field staking achieves the same objective, or if the development and construction activity(ies) is located at a sufficient distance so that impacts to the critical area are unlikely to occur. The Administrator may require permanent fencing and/or signage if necessary to protect a critical area and its buffer from adjacent land uses.
  6. Notice on title: Any property on which a development proposal is submitted shall have filed with the Kittitas County Auditor:
    1. A notice on title of the presence and location of the critical area and/or buffer;
    2. A statement as to the applicability of this Program to the property; and
    3. A statement describing possible limitations on action in or affecting critical areas or buffer as approved by the Administrator. The County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are defined as normal repair and maintenance of existing structures or development, including, but not limited to, roof repair, interior remodeling, wood stove permits, and on-site sewage disposal systems repairs, are exempt from this requirement.
  7. Request for technical assistance: The Administrator may engage technical consultants to review and interpret critical areas data and findings submitted by or on behalf of the proponent, in instances where County staff lack the resources or expertise to review these materials. A project proponent may be required to pay for or reimburse the County for the review costs incurred.
  8. Pre-Qualification of consultants: The Administrator shall prepare and maintain a list of qualified technical consultants and firms that meet the qualified professional standards detailed in this Section. Any proposed consultant whose name is not on the list may submit a statement of qualifications including information on experience in the preparation of critical area studies. Upon approval of the submitted qualifications, the Administrator shall add the name to the list of qualified consultants. The Administrator may reject data and findings from non-pre-qualified consultants or require a third-party review, paid for by the applicant.
  9. When there is a conflict between the findings of a critical areas study and the findings of the Administrator in review of the study, the applicant or affected party may appeal such decision of the Administrator pursuant to the procedures in KCC Chapter 15A.07.

(Ord. 2016-006, 2016)

17B.05.020D Mitigation – requirements for all critical areas.

  1. Proponents of new shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall employ all reasonable measures to mitigate adverse impacts to critical areas and their buffers. Mitigation shall occur according to the mitigation sequence defined in KCC 17B.05.020(B)(2) of this Program. The Administrator shall first determine whether identified critical area impacts have been avoided and second, whether minimized. Unless otherwise stated in this Program, development proposals that do not fully conform to the dimensional requirements, performance standards, and/or design criteria in this Section and in the Program shall require a variance and compensatory mitigation to ensure no net loss of ecological function at the project scale. The Administrator shall require compensatory mitigation for development proposals that result in measurable damage, loss and/or displacement of a wetland, aquatic habitat conservation area, wildlife habitat conservation area, or flood storage or conveyance area.
  2. When critical area compensatory mitigation plans are required pursuant to this Section, all of the following shall apply:
    1. The quality and quantity of the replaced, enhanced, or substituted critical area, and its buffer, shall be the same or better than the affected critical area and its buffer;
    2. The mitigation site and associated vegetative planting shall be nurtured and maintained such that healthy native plant communities grow and mature over time;
    3. The mitigation shall replace the functions as quickly as possible following the impacts;
    4. The mitigation activity shall be monitored and maintained to ensure that it achieves its intended functions and values;
    5. The Administrator shall require the applicant/proponent to post a bond or provide other financial surety equal to one hundred fifty percent (150%) of the estimated cost of the mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicant/proponent upon completion of the mitigation activity and any required monitoring.
  3. Compensatory mitigation plans shall be prepared by qualified professionals with education, training, and experience in the applicable field:
    1. Wetland mitigation plans shall be prepared by a qualified professional who is educated/trained in wetland biology or a closely related field, and has demonstrated experience in mitigation plan design, implementation, and monitoring. The overall goal of any such mitigation plan shall be no net loss of wetland functions, acreage, and values.
    2. Mitigation plans for impacts to aquatic and wildlife habitat conservation areas, including habitat management plans, shall be prepared by a qualified professional with education/training in wildlife biology or a closely related field, and professional experience in habitat mitigation design, implementation, and monitoring. Where this plan is required for the protection of eagle habitat, the eagle habitat management plan shall normally be prepared by the Washington State Department of Fish and Wildlife, as required under the Bald Eagle Management Rules. The Washington State Department of Fish and Wildlife Priority Habitat and Species Management Recommendations, dated May 1991, or as thereafter amended, or equivalent federal recommendations, shall serve as guidance for preparing mitigation plans to protect wildlife habitat conservation areas.
    3. Mitigation plans for geologically hazardous areas shall be prepared by a qualified professional who is either a geologist or a geotechnical engineer, or a civil engineer licensed in the state of Washington, who is knowledgeable of regional geologic conditions and who has professional experience in landslide and erosion hazard evaluation, mitigation plan design, implementation, and monitoring.
    4. Mitigation plans for development within frequently flooded areas shall be prepared by a civil engineer licensed in the state of Washington and familiar with hydrology, hydraulics, and fluvial geomorphology.
  4. Mitigation banking and in-lieu fee (ILF) mitigation: The County may approve mitigation banking and/or in-lieu fee mitigation as a form of compensatory mitigation for wetland and habitat conservation area impacts when the provisions of this Program require mitigation and when the use of a bank/ILF Program will provide equivalent or greater replacement of critical area functions and values when compared to conventional permittee responsible mitigation. Banks and ILF programs shall only be used when it can be demonstrated that they provide significant ecological benefits including long-term conservation of critical areas, important species, habitats and/or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals. Banks and ILF programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules and expressly authorized through County legislative action.

(Ord. 2016-006, 2016)

17B.05.020E Mitigation – mitigation plan contents for all critical areas.

  1. Baseline Information: Compensatory mitigation plans for all critical area types shall include a written assessment and accompanying maps, and include the following information:
    1. Impacted critical areas and/or their required buffers, including, at a minimum, existing wetland/stream acreage; vegetative, fauna and hydrologic characteristics; soil and substrate conditions; and topographic elevations.
    2. Mitigation site, if different from the impacted site, including at a minimum: existing acreage; vegetative, faunal and hydrologic conditions; relationship within watershed and to existing water bodies; soil and substrate conditions topographic elevations; existing and proposed adjacent site conditions; buffers; and ownership.
  2. Environmental goals and objectives: The mitigation plan shall identify goals and objectives and include:
    1. The purposes of the compensation measures including a description of site selection criteria, identification of compensation goals, identification of target evaluation species and resource functions, dates for beginning and completion, and a complete description of the structure and functional relationships sought. The goals and objectives shall be related to the functions and values of the original critical area or, if out-of-kind, the type of critical area to be emulated.
    2. A review of the available literature and/or experience to date in restoring or creating the type of critical area proposed. An analysis of the likelihood of success of the compensation project at duplicating the original resource shall be provided based on the experiences of comparable projects, if any. An analysis of the likelihood of persistence of the created or restored resources shall be provided based on such factors as surface and groundwater supply and flow patterns, dynamics of the ecosystem, sediment or pollutant influx and/or erosion, periodic flooding and drought, presence of invasive flora or fauna, potential human or animal disturbance, and previous comparable projects, if any.
    3. Performance standards: Specific and measurable criteria shall be provided for evaluating whether or not the goals and objectives of the mitigation plan are being achieved at various stages in the project and for beginning remedial action or contingency measures. Such criteria may include water quality standards, survival rates of planted vegetation, vegetative cover and/or density standards, in-stream habitat conditions, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria.
    4. Detailed construction plans: Written specifications and descriptions of compensation techniques shall be provided, including the proposed construction sequence; grading and excavation details; erosion and sediment control features needed for construction and long-term operation; a planting plan specifying plant species, quantities, locations, size, spacing, and density; source of plant materials, propagules, or seeds; water and nutrient requirements for planting; where appropriate, measures to protect plants from predation; substrate stockpiling techniques and planting instructions; descriptions of water control structures and water-level maintenance practices needed to achieve the necessary hydroperiod characteristics; etc. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s).
    5. Monitoring program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to:
      1. Establishing vegetation plots to track plant establishment/survival, and changes in plant species composition and density over time;
      2. Using photo stations to evaluate vegetation community response;
      3. Measuring physical parameters such as wetland size, stream dimensions, channel characteristics, buffer width;
      4. Monitoring shallow groundwater levels to document hydrologic regimes/hydro-periods;
      5. Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (pH, nutrients, heavy metals);
      6. Measuring base flow rates and stormwater runoff to model and evaluate water quality predictions, if appropriate;
      7. Measuring sedimentation rates, if applicable; and
      8. Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity.
    6. Monitoring and reporting: A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years.
    7. Contingency plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.
    8. Additional information as specified elsewhere in this Section, as applicable.

(Ord. 2016-006, 2016)

17B.05.020F Wetlands – designation, mapping, delineation, and categorization.

  1. Designation: Wetlands are those areas that are inundated or saturated by surface or ground water 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, but are not limited to, swamps, marshes, bogs, ponds, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands.
  2. Mapping: The approximate location and extent of wetlands are shown on maps maintained by the County. These maps are useful as a guide for project applicants, and/or property owners but do not provide a conclusive or definitive indication of wetland presence or extent. Other wetlands may exist that do not appear on the maps, and some wetlands that appear on the maps may not meet all of the wetland designation criteria.
  3. Delineation: Wetlands shall be identified and delineated by a qualified wetlands professional in accordance with the most current approved federal wetland delineation manual and applicable regional supplements. This professional shall field stake, flag or mark the on-site wetland boundary to aid the County in reviewing the development proposal. The County may require the on-site wetland boundary to be surveyed by a professional land surveyor. The County may require an applicant to identify the approximate location or presence of any wetlands within three hundred (300) feet of a proposed development site. Wetlands that occur or extend beyond the boundaries of the development site, onto adjoining properties, do not need to be flagged or formally delineated but their general location must be disclosed in order to assess wetland buffer impacts.
  4. Categorization and rating: Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetlands shall be identified, rated, categorized, and delineated by a qualified wetland professional in accordance with the current version of the Washington State Wetland Rating System for Eastern Washington, the procedure outlined in WAC 173-22-035, and the appropriate rating forms approved by the Washington State Department of Ecology. These categories are generally defined as follows:
    1. Category I wetlands: Category I wetlands are those that represent a unique or rare wetland type, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that are impossible or too difficult to replace within a human lifetime, and provide a high level of functions. The following types of wetlands are Category I:
      1. Alkali wetlands;
      2. Wetlands that are identified by scientists of the Washington State Department of Natural Resources Natural Heritage Program as high quality, relatively undisturbed wetlands, or wetlands that support state threatened or endangered plant species;
      3. Bogs and calcareous fens;
      4. Mature and old-growth forested wetlands over a ¼ acre in size with slow growing trees;
      5. Forest wetlands with stands of Aspen;
      6. Wetland scoring between twenty-two and twenty-seven (22-27) points or more (out of twenty seven (27)) in the Eastern Washington Wetland Rating System.
    2. Category II wetlands: Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. These wetlands occur more commonly than Category I wetlands, but still need a relatively high level of protection. Category II wetlands include:
      1. Forested wetlands in the floodplains of rivers;
      2. Mature and old-growth forested wetlands with native fast growing trees;
      3. Vernal pools;
      4. Wetlands scoring between nineteen and twenty one (19-21) points (out of twenty seven (27)) in the Eastern Washington Wetland Rating System.
    3. Category III wetlands score between sixteen and eighteen (16-18) points (out of twenty-seven (27)) in the Eastern Washington Wetland Rating System and can often be adequately replaced with a well-planned mitigation project. Wetlands scoring between 16-18 points generally have been disturbed in some ways, and are often smaller, less diverse and/or more isolated from other natural resources in the landscape than Category II wetlands.
    4. Category IV wetlands have the lowest levels of functions, scoring less than sixteen (16) points in the Eastern Washington Wetland Rating System, and are often heavily disturbed. These are wetlands that should be able to be replaced, and in some cases improved. These wetlands may provide some important functions, and also need to be protected.

(Ord. 2016-006, 2016)

17B.05.020G Wetlands – buffers.

  1. Buffer widths: Buffers shall be established and maintained to protect all regulated wetlands. Standard minimum buffer for wetlands are listed in the Table at KCC 17B.50.020G-1. The buffer shall not be altered except as authorized by this Program; provided, that such alterations meet all other standards for the protection of regulated wetlands. Buffers are measured horizontally in all directions from the regulated wetland edge as marked in the field.

    17B.50.020G-1. Wetland Buffers for Wetlands in Shoreline Jurisdiction
    Wetland Category Low Intensity Use and Development Low and Moderate Intensity Use and Development* High Intensity Use and Development*
    Category I 125 feet 190 feet 250 feet
    Category II 100 feet 150 feet 200 feet
    Category III 75 feet 110 feet 150 feet
    Category IV 25 feet 540 feet 50 feet
    * For the purposes of KCC 17B.05.020G-1, high intensity use and developments include: commercial, urban, industrial, institutional, retail sales, residential (more than 1 unit/acre), conversion from non-agricultural lands to high intensity agriculture (dairies, animal feed lots, nurseries and green houses, and like uses), high intensity recreation (golf courses, ball fields, and like uses) and hobby farms. Moderate intensity use and developments include: residential (1 unit/acre or less), moderate intensity open space (parks with biking, jogging, and like uses), conversion from non-agricultural lands to moderate intensity agriculture (orchard, hay fields, and like uses), paved trails, building of logging roads, and utility corridor or right-of-way shared by several utilities and including access/maintenance roads. Low intensity use and developments include: forestry (cutting of trees only), low intensity open space (hiking, bird-watching, and like uses), unpaved trails, and utility corridor without a maintenance road and little or no vegetation management.
  2. Wetland buffer condition: Wetland buffer areas shall be retained in a natural condition or may be improved to enhance buffer functions and values. Where buffer disturbance is allowed pursuant to this Program, re-vegetation with native vegetation shall be required. The Kittitas County noxious weed ordinance shall be adhered to. Alterations of the buffer that are not associated with an allowed shoreline use or development shall be prohibited.
  3. Multiple buffers: In the event that buffers for any shorelines and/or critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall apply.
  4. Interrupted buffer: When a wetland buffer contains an existing legally established public or private road, the Administrator may allow development on the landward side of the road provided that the development will not have a detrimental impact to the wetland. The applicant may be required to provide a wetland critical areas report to describe the potential impacts. In determining whether a critical areas report is necessary, the County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.
  5. Buffers of restored wetlands: The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland.
  6. Buffer averaging: The Administrator may allow averaging of the standard wetland buffer widths in the Table at KCC 17B.05.020G-1 when necessary to accommodate a single-family residence or residential subdivision of four (4) or fewer lots. With buffer averaging, the buffer width is reduced in one location and increased in another location to maintain the same overall buffer area. Proposals for buffer averaging shall not require a shoreline variance or compensatory mitigation if the following conditions are met:
    1. The buffer has not been averaged or reduced by any prior actions administered by Kittitas County;
    2. No feasible site design could be accomplished without buffer averaging;
    3. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and that wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places;
    4. A critical area report demonstrates that the averaging will not adversely impact wetland function and values;
    5. The minimum width of the buffer at any given point is at least seventy-five percent (75%) of the standard width per the Table at KCC 17B.05.020G-1, or twenty-five (25) feet, whichever is greater; and
    6. The area that is added to the buffer to offset the reduction is well-vegetated. The Administrator may require vegetation enhancement and a mitigation plan, if needed, to ensure this criterion is met.
  7. Buffer reduction: On sites that lack well-vegetated wetland buffers, the Administrator may allow reduction of the buffer widths in the Table at KCC 17B.05.020G-1 when necessary to accommodate a single-family residence or residential subdivision of four (4) or fewer lots. The buffer reduction shall be allowed only in those limited instances when adherence to the standard buffer is infeasible or presents a substantial hardship because of site conditions, lot configuration or other circumstances. Residential subdivisions of more than four (4) lots and non-water-dependent non-water-related developments shall not be eligible for buffer reduction, except through a shoreline variance. Buffers that have been averaged or reduced by any prior actions administered by Kittitas County shall not be further reduced. Proposals for buffer reduction on such sites shall not require a shoreline variance if the following conditions are met:
    1. The existing buffer is predominantly un-vegetated, composed of nuisance species or in an otherwise highly disturbed condition;
    2. The minimum width of the reduced buffer is at least seventy-five percent (75%) of the standard width per the Table at KCC 17B.05.020G-1;
    3. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer length on the development property;
    4. A critical area report demonstrates that the reduction will not result in a net loss of wetland functions and values.
    5. The reduced buffer area is planted and enhanced with species native to central Washington; and
    6. A mitigation plan is developed and implemented, per the requirements of KCC 17B.05.020E.
  8. Increased wetland buffers: The Administrator shall increase wetland buffer zone widths, up to a maximum of two (2) times the standard width in the Table at KCC 17B.05.020G-1, for a development project on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values. Such determination shall be based on site-specific and project-related conditions which include, but are not limited to, the following circumstances:
    1. Wetland sites with known locations of state priority or federally listed endangered, threatened, or sensitive species for which a habitat management plan indicates a larger buffer is necessary to protect habitat values for such species; or
    2. The adjacent land is susceptible to severe erosion, and erosion control best management practices will not effectively prevent adverse wetland impacts.
  9. Allowed buffer uses: The following uses may be permitted within a wetland buffer without a variance provided they are not prohibited by any other applicable law, are consistent with the provisions of this Program, and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland, including wetland functions and values:
    1. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife.
    2. Passive recreation facilities designed in accordance with an approved critical area report, including:
      1. Walkways and trails; provided that those pathways which are generally parallel to the perimeter of the wetland shall be located in the outer twenty-five percent (25%) of the buffer area, and constructed with a surface that is not impervious to water. Raised boardwalks utilizing non-treated pilings may be acceptable;
      2. Wildlife viewing structures less than five hundred (500) square feet in size.
    3. Stormwater management facilities, limited to stormwater dispersion facilities, outfalls and bioswales, may be allowed within the outer twenty-five percent (25%) of the buffer of Category III or IV wetlands only, provided that:
      1. No other location is feasible; and
      2. The location of such facilities will not degrade the functions or values of the wetland.

(Ord. 2016-006, 2016)

17B.05.020H Wetlands – reporting.

  1. Reporting requirement: If a proposed use or development is located within three hundred (300) feet of a known or suspected wetland, a wetland critical areas report is required, and shall include the following:
    1. The category and precise location of the boundary of the wetland(s); and
    2. All wetlands and required buffers within three hundred (300) feet of the project area shall be depicted on the site plan. Best available information should include, but not be limited to, aerial photos, soils maps, and/or topographic maps; and
    3. An analysis of the onsite wetland(s) including the following site- and proposal-related information:
      1. Documentation of any fieldwork performed on the site, including, but not limited to, field delineation data sheets for delineations, the wetland rating forms, and baseline hydrologic data;
      2. A description of the methodologies used to conduct the wetland delineations; and
      3. The vegetative, faunal, and hydrologic characteristics of the wetland.

(Ord. 2016-006, 2016)

17B.05.020I Wetlands – compensatory mitigation.

  1. Wetland Mitigation Sequencing: Proposed activities or uses that would impact wetlands must follow the mitigation sequencing requirement of KCC 17B.05.020B(2). Wetland impacts may be allowed when there is no reasonable alternative site design that would result in less adverse impact to a wetland or its buffer. Activities and uses within Category I wetlands shall be limited to the following:
    1. An existing public facility that must be expanded or extended into the wetland;
    2. Utility construction or maintenance, where there is no other site that can serve the utility’s function; or
    3. Development associated with an approved variance that allows the impact.
  2. Compensatory mitigation requirement: Compensatory mitigation is required for all alterations to wetlands or their buffers, except for buffer averaging when done in accordance with this Section.
  3. Preference of mitigation actions: Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference:
    1. Restoring and/or rehabilitating filled or altered wetlands to their original or near-original condition.
    2. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of non-native introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is being designed.
    3. Enhancing significantly degraded wetlands in combination with restoration or creation.
  4. Mitigation for lost or affected functions: Compensatory mitigation actions shall replace functions affected by the alteration and shall provide equal or greater functions compared to the impacted wetland.
  5. Mitigation timing: Mitigation projects shall be completed prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora.
  6. Delay in mitigation: The Administrator may authorize a one-time temporary delay, up to one hundred eighty (180) days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints which preclude implementation of the mitigation plan. The justification must be verified and approved by the County and include a financial guarantee.
  7. Mitigation ratios for wetland impacts: Mitigation ratios shall be used when impacts to wetlands cannot be avoided, as specified in the Table at KCC 17B.05.020I-1. The first number specifies the acreage of replacement wetlands, and the second specifies the acreage of wetlands altered. Compensatory mitigation shall restore, create, rehabilitate or enhance equivalent or greater wetland functions. The ratios shall apply to mitigation that is in-kind, is on-site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to the use of credits from a certified wetland mitigation bank or ILF program. When credits from a certified bank or ILF program are used, replacement ratios should be consistent with the requirements of the bank’s/program’s certification.

    17B.05.020I-1. Wetland Mitigation Ratios for Unavoidable Wetland Impacts in Shoreline Jurisdiction
    Category and Type of Impacted Wetland Restoration or Creation1,2 Rehabilitation1,2 Enhancement Only1,3
    Category I, forested 6:1 12:1 24:1
    Category I, non-forested 4:1 8:1 16:1
    Category II, forested 4:1 8:1 16:1
    Category II, vernal pool4 2:1 4:1 Case-by-case
    All other Category II 3:1 6:1 12:1
    All Category III 2:1 4:1 8:1
    All Category IV 1.5:1 3:1 6:1
    1 Natural heritage sites, alkali wetlands, and bogs are considered irreplaceable wetlands because they perform special functions that cannot be replaced through compensatory mitigation. Impact to such wetlands would therefore result in a net loss of some functions no matter what kind of mitigation is provided.
    2 Provides gains in a whole suite of functions both at the site and landscape scale. Rehabilitation actions often focus on restoring environmental processes that have been disturbed or altered by previous ongoing human activity.
    3 Actions which provide gains in only a few functions. Enhancement action often focuses on structural or superficial improvements to a site and generally does not address larger scale environmental processes.
    4 Compensatory mitigation for vernal pool impacts must be seasonally ponded wetland area(s).
  8. Increased replacement ratios: The Administrator shall increase the wetland mitigation ratios under the following circumstances:
    1. Uncertainty exists as to the probable success of the proposed restoration or creation;
    2. A significant period of time will elapse between impact and replication of wetland functions; or
    3. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted.
  9. Alternative mitigation ratios: The Administrator may approve different mitigation ratios when the applicant proposes a combination of wetland creation, restoration, rehabilitation, and/or enhancement, provided that federal and state resource agencies approve the mitigation plan and the plan achieves no net loss of wetland functions and values.

(Ord. 2016-006, 2016)

17B.05.020J Aquatic habitat conservation areas – designation and mapping.

  1. Designation and classification: Aquatic habitat conservation areas include:
    1. Those streams and lakes which meet the criteria for Type S, F, Np, and Ns waters, as defined in the water type classifications in the forest practices rules in WAC 222-16-030. Type S waters are synonymous with shorelines of the state.
    2. Areas with which federally and/or state-listed endangered, threatened, or sensitive aquatic species have a primary association;
    3. State priority aquatic habitats and areas associated with state priority aquatic species;
    4. Naturally occurring ponds under twenty (20) acres in size; and
    5. Naturally occurring lakes over twenty (20) acres and other waters of the state, including waters planted with game fish by a government or tribal entity.
  2. Mapping: The approximate location and extent of aquatic habitat conservation areas are shown on the County’s critical area maps. These maps are to be used as a guide and do not provide definitive information about aquatic habitat conservation area size or presence. Other aquatic habitat conservation areas may exist that do not appear on the maps. The County shall update the maps as new aquatic habitat conservation areas are identified and as new information becomes available.

(Ord. 2016-006, 2016)

17B.05.020K Aquatic habitat conservation areas – buffers.

  1. Buffer widths: Buffers shall be established and maintained to protect regulated aquatic habitat conservation areas as shown in the Table at KCC 17B.05.020K-1 below. These stream buffers shall be measured in all directions from the OHWM as identified in the field. The buffer widths for Type S Waters are shown in the Table at KCC 17B.05.050-1. Shoreline buffers and vegetation conservation. Buffers shall not be altered except as authorized by this Program. These standard buffer widths are presumed to be adequate to protect aquatic habitat conservation area functions and values provided that the buffer contains relatively intact native vegetation at the time of the proposed use or development. Where the use is being intensified adjacent to a degraded buffer area that is not well vegetated, the Administrator may require the degraded area to be revegetated to maintain aquatic habitat conservation area functions and values.

    17B.05.020K-1. Aquatic Habitat Conservation Area Buffers for Type F, Np, and Ns Waters
    Aquatic Habitat Conservation Area Standard Buffer Width
    Type F Waters 100 feet
    Type Np Waters 50 feet
    Type Ns Waters 30 feet
  2. Buffer condition: Aquatic habitat conservation area buffers shall be maintained in a predominantly well-vegetated and undisturbed condition. Alterations that are not associated with an allowed use or development shall be prohibited.
  3. Multiple buffers: In the event that buffers for any aquatic habitat conservation areas or other critical areas are contiguous or overlapping, the landward-most edge of all such buffers shall apply.
  4. Interrupted buffers: When an aquatic habitat conservation area buffer contains an existing legally established public or private road the Administrator may allow a use and/or development on the landward side of the road provided that the use and/or development will not have a detrimental impact to the habitat area. The applicant may be required to provide a critical areas report to describe the impacts. In determining whether a critical areas report is necessary, the County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.
  5. Increased buffers: The Administrator shall increase the aquatic habitat conservation area buffer shown in the Table at KCC 17B.05.020K-1 width up to a maximum of two times the standard width where the standard buffer is inadequate to prevent significant adverse environmental impacts or address hazards associated with the site or the proposed development activity. To assess whether a buffer increase is needed to project aquatic habitat conservation area functions and values, the Administrator shall consider:
    1. The historical and current susceptibility to severe erosion, channel instability, or aggrading;
    2. The presence of multiple channels or islands;
    3. The land adjacent to the ordinary high water mark and extending throughout the standard habitat buffer is steeply sloped (greater than forty percent (40%) slope) and there are no designated landslide hazards within the area of shoreline jurisdiction, such that an increased buffer may be required to protect ecological functions; and
    4. The adequacy of the standard width to prevent habitat degradation and protect the structure and functions of the habitat area.
  6. Buffer for aquatic habitat conservation area mitigation sites: Any aquatic habitat conservation area that is created, restored, or enhanced as compensation for approved alterations shall be the same as the buffer required for the category of the created, restored, or enhanced aquatic habitat conservation area.
  7. Buffer averaging: The Administrator may allow averaging of the aquatic habitat buffer widths in the Table at KCC 17B.05.020K-1 when necessary to accommodate a single-family residence or residential subdivision of four (4) or fewer lots. With buffer averaging, the buffer width is reduced in one location and increased in another location to maintain the same overall buffer area. Proposals for buffer averaging shall not require a shoreline variance or compensatory mitigation if the following conditions are met:
    1. The buffer has not been averaged or reduced by any prior actions administered by Kittitas County;
    2. No feasible site design could be accomplished without buffer averaging;
    3. An approved critical area report demonstrates that the buffer averaging will not reduce stream or habitat functions or adversely affect salmon habitat;
    4. The minimum width of the buffer at any given point is at least seventy-five percent (75%) of the standard width per the Table at KCC 17B.05.020K-1, or twenty-five (25) feet, whichever is greater; and
    5. The area that is added to the buffer to offset the reduction is well-vegetated. The Administrator may require vegetation enhancement if needed to ensure this criterion is met.
  8. Buffer reduction: On sites that lack well-vegetated buffers, the Administrator may allow reduction of the aquatic habitat buffer widths in the Table at KCC 17B.05.020K-1 when necessary to accommodate a single-family residence or residential subdivision of four (4) or fewer lots. The buffer reduction shall be allowed only in those limited instances when adherence to the standard buffer is infeasible or presents a substantial hardship because of site conditions, lot configuration or other circumstances. Residential subdivisions of more than four (4) lots shall not be eligible for buffer reduction, except through a shoreline variance. Buffers that have been averaged or reduced by any prior actions administered by Kittitas County shall not be further reduced. Proposals for buffer reduction on such sites shall not require a shoreline variance if the following conditions are met:
    1. The existing buffer is predominantly unvegetated, composed of nuisance species or in an otherwise highly disturbed condition;
    2. The minimum width of the reduced buffer is at least seventy-five percent (75%) of the standard width per the Table at KCC 17B.05.020K-1;
    3. The reduced portion of the buffer cannot exceed forty percent (40%) of the buffer length on the development property;
    4. A critical area report demonstrates that the reduction will not result in a net loss of shoreline and aquatic habitat functions and values;
    5. The reduced buffer area is planted and enhanced with species native to central Washington; and
    6. A mitigation plan is developed and implemented, per the requirements of KCC 17B.05.020E.
  9. Prior to approving a request for buffer averaging or reduction, the Administrator shall ensure the development is designed to separate and screen the stream from impacts such as noise, glare, and vegetation trampling. The site design shall consider the varying degrees of impacts of different land uses. For example, parking lots, store entrances, and roads generally have higher noise and glare impacts than the rear of the store. Site screening should take advantage of natural topography or existing vegetation, wherever possible. Where natural screening is not available, berms, landscaping, and structural screens should be implemented (e.g., orient buildings to screen parking lots and store entrances from critical areas).

(Ord. 2016-006, 2016)

17B.05.020L Aquatic habitat conservation areas – reporting.

  1. Except for single-family residences located outside of shoreline buffers, if a proposed use or development is located within two hundred (200) feet of a designated aquatic habitat conservation area, a critical areas report is required, and shall include the following:
    1. The aquatic habitat conservation area habitat type and location of the OHWM;
    2. All aquatic habitat conservation areas and required buffers within two hundred (200) feet of the project area shall be depicted on the site plan;
    3. The vegetative, faunal, topographic, and hydrologic characteristics of the aquatic habitat conservation area; and
    4. A detailed discussion of the direct and indirect potential impacts on aquatic habitat conservation area by the project. Such discussion shall include a discussion of the ongoing management practices that will protect habitat after the project site has been developed

(Ord. 2016-006, 2016)

17B.05.020M Wildlife habitat conservation areas – designation, classification, mapping, and surveying.

  1. Designation: Wildlife habitat conservation areas shall include the following:
    1. Areas where federal and/or state listed endangered, threatened, and sensitive species have a primary association. This includes locations of nests, rookeries, or other breeding areas of species of concern recognized by local, state, and federal public agencies having jurisdiction over such species; and
    2. State priority wildlife habitats and areas associated with state priority wildlife species; and
    3. Other state-identified priority habitats, including Aspen stands, biodiversity areas and corridors, old-growth/mature forest, Oregon white oak woodlands, and shrub-steppe.
  2. Mapping: The approximate location and extent of wildlife habitat conservation areas are shown on the County’s critical areas maps. These maps are to be used as a guide and do not provide definitive information about wildlife habitat conservation area size or presence. The County shall update the maps as new wildlife habitat conservation areas are identified and as new information becomes available.
  3. Habitat boundary survey: If the Administrator determines that a wildlife habitat conservation area may be present within the project vicinity, a wildlife habitat boundary survey shall be required. Habitat surveys shall be conducted by a professional wildlife biologist who is knowledgeable of wildlife habitat within Kittitas County, or by the Washington Department of Fish and Wildlife. The management recommendations for Washington’s priority habitats and species or federal equivalent should be used as a tool for identifying and delineating the habitat boundary. The County may waive the requirement for the survey, if:
    1. The proposed use or development is not within the extended proximity of the associated habitat;
    2. There is adequate information available on the area proposed for development to determine the impacts of the proposed development and appropriate mitigating measures; and
    3. The applicant provides voluntary deed restrictions that are approved by the County.

(Ord. 2016-006, 2016)

17B.05.020N Wildlife habitat conservation areas – reporting and mitigation requirements.

  1. Habitat management plan: When a use or development is proposed in or adjacent to a habitat conservation area, the Administrator shall require the applicant to submit a habitat management plan, prepared by a professional wildlife biologist who is knowledgeable of wildlife habitat within Kittitas County, when the following conditions are met:
    1. A proposed use or development is located within two hundred (200) feet of a known or suspected wildlife habitat conservation area; and
    2. There are potential direct and/or indirect impacts on wildlife species or habitat from the proposed use or activity.
  2. Habitat management plan contents: The habitat management plan shall include a discussion of the potential direct and indirect impacts, as well as a discussion of the ongoing management practices that will protect habitat after the project site has been developed. The habitat management plan will include any relevant information and recommendations from the Washington State Department of Fish and Wildlife habitat guidelines for the affected species and/or habitat. Based on the characteristics of the site, the Administrator may require that all or a portion of the following be included in a habitat management plan:
    1. A map drawn to scale or survey showing the location of the fish and wildlife habitat conservation area on the subject property, as well as the approximate location of any potential fish and wildlife habitat conservation area within two hundred (200) feet of the subject property; and
    2. Detailed description of vegetation and habitat characteristics within and adjacent to the site.
    3. Identification of any endangered, threatened, sensitive, or candidate species that have a primary association with habitat on the project area, and assessment of potential project impacts to use of the buffer and critical area on the site by the species.
    4. Methods and measures to avoid, minimize and/or compensate for adverse impacts associated with the proposed use and development, including, but not limited to:
      1. Prohibition or limitation of use and development activities within the fish and wildlife habitat conservation area;
      2. Establishment of a buffer around the fish and wildlife habitat conservation area;
      3. Retention of vegetation and/or re-vegetation of areas/habitats critically important to species;
      4. Special construction techniques;
      5. Implementation of erosion and sediment control measures;
      6. Habitat enhancement (i.e., fish passage barrier removal);
      7. Seasonal restrictions on construction activities on the subject property;
      8. Clustering of development activities on the subject property; and
      9. Any other requirements and/or recommendations from Washington State Department of Fish and Wildlife’s habitat management guidelines.
  3. Wildlife habitat management and mitigation plan: For unavoidable impacts to wildlife habitat conservation areas, a wildlife habitat management and mitigation plan shall be prepared by a wildlife biologist who is knowledgeable of wildlife habitat within Kittitas County. The Wildlife habitat management and mitigation plan shall:
    1. Demonstrate, when implemented, that there shall be no net loss of ecological function of habitat; and
    2. Identify how impacts from the proposed project shall be mitigated, as well as the necessary monitoring and contingency actions for the continued maintenance of the wildlife habitat conservation area and its associated buffer.
  4. In addition to the general mitigation plan requirements described above, the wildlife habitat management and mitigation plan shall contain a report containing, but not limited to, the following information:
    1. A map or maps indicating the boundary of the habitat conservation areas; the width and length of all existing and proposed structures, utilities, roads, easements; wastewater and stormwater facilities; adjacent land uses, zoning districts and comprehensive plan designations;
    2. A description of the proposed project including the nature, density and intensity of the proposed use or development and the associated grading, structures, roads, easements, wastewater facilities, stormwater facilities, utilities, etc., in sufficient detail to allow analysis of such land use change upon the habitat conservation area;
    3. A description of the vegetation in the habitat conservation area, on the overall project site and adjacent to the site;
    4. A detailed description of the proposed project’s effect on the habitat conservation area, and a discussion of any federal, state, or local management recommendations which have been developed for the species or habitats in the area; and
    5. An explanation of how any adverse impacts created by the proposed use or development will be mitigated, including the following techniques:
      1. Establishment of buffer zones;
      2. Preservation of critically important plants and trees;
      3. Limitation of access to the habitat conservation area;
      4. Seasonal restriction of construction activities; and
      5. Establishment of a timetable for periodic review of the plan.

(Ord. 2016-006, 2016)

17B.05.020O Geologically hazardous areas – designation, classification, and mapping.

  1. Designation: Lands classified as landslide, erosion, mine, volcanic, and seismic hazard areas are hereby designated as geologically hazardous areas and are subject to the standards of this Section.
  2. Classification: Landslide hazard areas – lands potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. The following shall be designated as landslide hazards and are subject to the requirements of this Section:
    1. Areas of historic failures, such as:
      1. Those areas delineated by the Natural Resource Conservation Service (NRCS) as having a "severe" limitation for building site development; or
      2. Those areas mapped as landslides, as having a liquefaction susceptibility, or having a NEHPR seismic site class of A through D on the most current Washington State Department of Natural Resources Division of Geology and Earth Resources natural hazards web based map; or
      3. Areas designated as quaternary slumps, earth-flows, mudflows, lahars, or landslides on maps published by the U.S. Geological Survey or Washington State Department of Natural Resources Division of Geology and Earth Resources.
    2. Areas with all three (3) of the following characteristics:
      1. Slopes steeper than fifteen percent (15%);
      2. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and
      3. Springs or groundwater seepage.
    3. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of this epoch;
    4. Slopes that are parallel or sub-parallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;
    5. Slopes having gradients steeper than eighty percent (80%) subject to rock fall during seismic shaking;
    6. Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones;
    7. Areas that show evidence of, or are at risk from snow avalanches;
    8. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and
    9. Any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten (10) or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least ten (10) feet of vertical relief.
  3. Classification: Erosion hazard areas – areas containing soils that may experience significant erosion, including:
    1. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more feet, except areas composed of consolidated rock.
    2. Concave slope forms equal to or greater than fifteen percent (15%) with a vertical relief of ten (10) or more feet, except areas composed of consolidated rock.
    3. Channel migration zones: Areas within which the stream channel can reasonably be expected to migrate over time as a result of normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. Such hazards are characterized by abandoned channels, ongoing sediment deposition and erosion, topographic position, and changes in the plant community, age, structure and composition.
  4. Classification: Seismic hazard areas – lands subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, or surface faulting the following classifications shall be designated as seismic hazard and are subject to the requirements of this Section.
  5. Classification: Volcanic hazard areas – areas subject to pyroclastic flows, lava flows, debris avalanche, inundation by debris flows, mudflows, or related flooding resulting from volcanic activity. There are no active or dormant volcanoes located within Kittitas County; however Mount Rainer and Mount St. Helens are relatively near. Hazards to Kittitas County residents from these volcanoes are limited to ash deposition.
  6. Classification: Mine hazards areas – areas underlain by abandoned mine shafts, secondary passages between shafts tunnels, or air vents. Mine hazards include subsidence, which is the uneven downward movement of the ground surface caused by underground workings caving in; contamination to ground and surface water from tailings and underground workings; concentrations of lethal or noxious gases; and underground fires.
  7. Mapping: The approximate location and extent of geologically hazardous areas are shown on maps maintained by the County. These maps shall be advisory and used by the Administrator to provide guidance in determining applicability of the standards to a property. These maps shall be updated periodically as new information becomes available.

(Ord. 2016-006, 2016)

17B.05.020P Geologically hazardous areas – reporting and protection standards.

  1. New shoreline uses and developments shall be located, designed, constructed, and maintained to avoid geologically hazardous areas. Impact avoidance measures shall include, but not be limited to, locating the use/development outside of the hazard area, reducing the number, size or scale of buildings, driveways and other features; altering the configuration or layout of the proposed development; using environmentally favorable construction materials; implementing special engineering methods for construction, drainage, runoff management etc.; foregoing construction of accessory structures; preserving native vegetation; and other reasonable measures.
  2. New uses and developments may be allowed in geologically hazardous areas and/or their buffers only when specifically allowed by this Program and when all reasonable measures have been taken to avoid adverse effects on slope stability and protect human health and safety.
  3. Critical facilities shall be prohibited in geologically hazardous areas and/or their buffers.
  4. The Administrator shall review each use and development proposal to determine if there is any possible geologically hazardous area on-site. In making the determination, the Administrator shall use the best available information including any previously completed special reports conducted in the vicinity of the subject proposal. If no hazard area is determined to be present, this Section shall not apply to the review of the proposed use or development.
  5. Hazard present (non-channel migration zone): If it is determined that a severe erosion hazard, mine hazard, seismic hazard, or landslide hazard other than a channel migration zone hazard, may be present on or adjacent to a proposed development site, the applicant shall submit a geologic hazard area risk assessment prepared by a professional engineer, engineering geologist, or geologist. The geologic hazard area risk assessment shall include:
    1. A description of the geology of the site and the proposed use or development;
    2. An assessment of the potential impact the project may have on the geologic hazard;
    3. An assessment of what potential impact the geologic hazard may have on the project;
    4. Appropriate mitigation measures, if any; and
    5. A conclusion as to whether further analysis is necessary.
    The assessment shall be signed by and bear the seal of the engineer or geologist that prepared it. No further analysis shall be required if the geologic hazard area risk assessment concludes that there is no geologic hazard present on the site, nor will the project affect or be affected by any potential geologic hazards that may be nearby. If the professional preparing the geologic hazard area risk assessment concludes that further analysis is necessary, the applicant shall submit a geotechnical report consistent with the provisions of this Section.
  6. Geotechnical report (non-channel migration zone): The geotechnical report shall include a certification from the engineering geologist or geotechnical engineer preparing the report, including the professional’s stamp and signature. The geotechnical report shall include the following:
    1. A detailed description of the geology and soil conditions of the site;
    2. Evaluation of the geologic conditions giving rise to the geologic hazard;
    3. An evaluation of the safety of the proposed project;
    4. Conclusions and recommendations regarding the effect of geologic conditions on the proposed use or development;
    5. Conclusions and recommendations on the suitability of the site to be developed;
    6. A statement regarding the risk of damage from the project, both on- and off-site; and whether or not the project will materially increase the risk of occurrence of the hazard;
    7. Recommendations concerning drainage practices, vegetation retention and other mitigation and monitoring measures which may be needed to ensure slope stability;
    8. Recommended erosion and sediment control measures;
    9. A bibliography of scientific citations; and
    10. Any other specific measures which must be incorporated into the design and operational plan of the project to eliminate or reduce the risk of damage due to the hazard. This shall include a recommendation on the required buffer or setback distance that must be maintained between the proposed action and the hazard to ensure the safety of the use or development.
  7. Hazard present (channel migration zone): If County maps indicate that a potential channel migration zone hazard exists on or adjacent to a proposed use or development site, the applicant shall either:
    1. Locate the proposal landward of the channel migration hazard area as indicated on the map; or
    2. Submit a channel migration zone study, prepared by a geologist, engineering geologist, or professional engineer licensed in the state of Washington with at least five (5) years of experience in analyzing channel response in the fluvial systems of the Pacific Northwest, that demonstrates the following:
      1. The parcel on which the development or use is proposed is effectively protected (disconnected) from channel movement due to the existence of permanent levees maintained by public agencies or infrastructure such as roads and bridges constructed and maintained by public agencies (not all roads and levees will be considered disconnection points); or
      2. The proposed use or development site has minimal risk of channel migration during the next one hundred (100) years as indicated by the existing channel type, land cover (and low likelihood of future alterations in land cover); surficial geology, low soil erosion potential; lack of evidence of likely avulsion pathways (including areas upstream of, but proximate to, the site); low inundation frequency(ies). The assessment shall include a review of available data regarding historical channel locations at the site; identification of the site within a broader geomorphic reach of the river system, and the general characteristics of that reach; description of existing channel type, existing channel alterations and likelihood of future alterations with changes in land cover; surficial geology, soils and erosion potential; and geotechnical setbacks relating to erosion at the toe of adjacent slope(s). The approach to assessing local migration shall be generally equivalent to the methods detailed in "A Framework for Delineating Channel Migration Zones" (Ecology Publication # 03-06-027), or similar method approved or sanctioned by Ecology.
  8. Based upon the results of the channel migration zone assessment, the Administrator may prohibit or limit use or development within a channel migration zone and/or require a buffer of undisturbed natural vegetation from the edge of the channel migration zone.
  9. The Administrator may impose conditions on any new shoreline use and developments in a geologically hazardous area as needed to:
    1. Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks;
    2. Maintain natural sediment and erosion processes that are integral to the health and sustainability of freshwater ecosystems;
    3. Minimize the potential for property damage related to seismic events, erosion and/or landslides;
    4. Minimize the need for structural shoreline stabilization in the future;
    5. Protect human health and safety; and
    6. Reduce public liabilities for damages associated with seismic events, erosion and/or landslides.

(Ord. 2016-006, 2016)

17B.05.020Q Frequently flooded areas – designation and mapping.

  1. Designation and mapping: All lands classified as floodway or special flood hazard areas in the Federal Emergency Management Agency report titled "Flood Insurance Rate Maps and Flood Boundary and Floodway Maps" dated November 5, 1980, as now or hereafter amended are designated as frequently flooded areas. The report and maps are on file at Kittitas County. When base flood elevation data has not been provided in the report, the Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from the Federal Emergency Management Agency, Washington State Department of Ecology, or other qualified source. Where base flood elevation data and floodway delineation are not available either through the report or from a qualified source, historical data, high water marks, and photographs of past flooding shall be used to determine base flood elevations.
  2. Additional areas may be classified by the Administrator as frequently flooded areas, based upon the following criteria:
    1. Documented history of flood damage; and/or
    2. Evidence of stream channel instability and susceptibility to erosion.

(Ord. 2016-006, 2016)

17B.05.020R Frequently flooded areas – protection standards.

  1. New uses and developments within frequently flooded areas, including flood control structures regulated in KCC 17B.05.030, shall comply with the Kittitas County Flood Prevention Ordinance (KCC Chapter 14.08 – December 2014) which is hereby adopted by reference.
  2. Floodplain storage: New uses or developments shall not reduce the effective flood storage volume within a frequently flooded area. If proposed grading, fill, or other activity would reduce effective flood storage volume, then mitigation is required per KCC 17B.05.020T. below.

(Ord. 2016-006, 2016)

17B.05.020S Frequently flooded areas – reporting.

  1. The Administrator’s approval of a new use or development within a frequently flooded area shall be contingent upon reporting that meets the requirements of KCC 14.08.110 through 14.08.130 (December 2014).

(Ord. 2016-006, 2016)

17B.05.020T Frequently flooded areas – compensatory mitigation.

  1. Development proposals shall provide compensatory storage if grading, fill, or other activity will reduce the effective base flood storage volume of the floodplain. Compensatory storage shall comply with KCC 14.08.315 (December 2014) and the following:
    1. Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, "equivalent elevation" means having similar relationship to ordinary high water and to the best available ten-(10)-year, fifty-(50)-year, and one hundred-(100)-year water surface profiles;
    2. Be hydrologically connected to the source of flooding;
    3. Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins;
    4. If the newly created storage area is accessible to fish during flood events, the area shall be designed, graded and maintained to prevent fish stranding; and
    5. The Administrator may approve equivalent compensatory storage off the site if acceptable legal arrangements are made to assure that the effective compensatory storage volume will be preserved over time.
  2. Mitigation plans for development within frequently flooded areas that will reduce the effective base flood storage volume of the floodplain shall be prepared by an engineer licensed in the state of Washington and familiar with hydrology, hydraulics, and fluvial geomorphology. Plans shall include the following information:
    1. Potential that materials may be swept during flooding onto other lands to the detriment of others;
    2. Actual danger to life and property if flooding or erosion occurs;
    3. Susceptibility of the proposed development and its contents to flood damage;
    4. Availability of alternative locations for the proposed use which are not subject to flood or erosion damage;
    5. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
    6. Safety of access to the property in times of flood for ordinary and emergency vehicles;
    7. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action at the site;
    8. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities;
    9. Location and extent of storage area for floodwater which will be displaced by the proposed development; and
    10. The risk to public and private property and public health, safety and welfare due to rising of water levels, shifting of stream channels (including related erosion) as well as costs to individuals and the general public for items which are not insured such as loss of productivity due to closed roads, risk to emergency response workers, loss of uninsured property (cars, landscaping, etc.) and habitat damage as a result of loss of riparian zones and floodplain function.

(Ord. 2016-006, 2016)

17B.05.020U Critical aquifer recharge areas – designation, mapping, and classification.

  1. Designation: Critical aquifer recharge areas are areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water. These recharge areas have geologic conditions that allow high infiltration rates, which contribute significantly to the replenishment of ground water. These conditions also create a high potential for ground water contamination. All lands and shorelands classified as having high aquifer recharge potential and aquifer susceptibility are hereby designated as critical aquifer recharge areas. Critical aquifer recharge areas also include known wellhead protection areas for Class A water systems. A wellhead protection area is the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Safe Drinking Water Act.
  2. Mapping: The general location and extent of critical aquifer recharge are shown on maps maintained by the County. These maps are useful as a guide for Kittitas County, project applicants, and/or property owners, and may be updated as more information on aquifer recharge and susceptibility becomes available. These maps are a reference and do not provide a conclusive or final critical area designation.
  3. Classification: All Kittitas County shorelands shall be classified as having either a high, medium, or low aquifer recharge potential. At a minimum, classification shall be based on soil permeability and recharge potential as described within the Soil Survey of Kittitas County. Where adequate information is available, aquifer recharge potential shall be further classified based on the recharge potential of surficial geologic materials, presence or absence of restrictive layers, surface and groundwater monitoring data, wellhead protection areas, depth to groundwater, topography (i.e., slopes), and locally adopted groundwater protection plans and studies. Land classified as having a high, medium, or low aquifer recharge potential shall also be classified as having a high, medium, or low susceptibility to contamination of an underlying aquifer, respectively. Based on these criteria, the potential for recharging aquifers or transmitting contaminants to the underlying aquifer is greatest where the aquifer is close to the ground surface, where ground surface slopes are minimal, and where the recharge potential of the soils and/or surficial geologic material is greatest. All wellhead protection areas shall be designated as highly susceptible critical aquifer recharge areas. Wellhead Protection Areas are the areas defined by the boundaries of the 10-year time of ground water travel, in accordance with WAC 246-290-135.

(Ord. 2016-006, 2016)

17B.05.020V Critical aquifer recharge areas – protection standards.

  1. Protection standards for critical aquifer recharge areas have been incorporated into the water quality regulations in KCC 17B.05.060 and into the provisions for specific shoreline uses in KCC 17B.04. Such standards shall be considered the minimum necessary to protect critical aquifer recharge areas.
  2. New use and development in a critical aquifer recharge area shall meet the following standards:
    1. The proposed use and/or development will not cause contaminants to enter the aquifer and will not significantly adversely affect the recharging of the aquifer.
    2. The proposed use and/or development must comply with applicable water source protection requirements of the Federal Environmental Protection Agency (EPA), Washington State Department of Health, and the Kittitas County Health Department.
    3. The proposed use and/or development must be designed and constructed in accordance with applicable stormwater management standards
  3. When located within an area of medium or high aquifer susceptibility, aboveground/underground storage tanks or vaults for the storage of hazardous substances, animals wastes, sewage sludge, fertilizers, or other chemical or biological hazards or dangerous wastes as defined in WAC Chapter 173-303, or any other substances, solids, or liquids in quantities identified by Kittitas County Public Health, consistent with WAC 173-303, as a risk to groundwater quality, shall be designated and constructed so as to:
    1. Prevent the release of such substances to the ground, groundwaters, or surface waters;
    2. Be contained or enclosed by an impervious containment area with a volume greater than the volume of the storage tank or vault to avoid an overflow of the containment area;
    3. Provide for release detection;
    4. Provide written spill response and spill notification procedures to the local fire district;
    5. Use material in the construction or lining of the storage containment area which is compatible with the substance to be storage to protect against corrosion or leakage, or otherwise designed in a manner to prevent the release or threatened release of any storage substance; and
    6. Comply with chapters 173-303 and 173-360 WAC.
    7. The tanks must comply with Ecology regulations contained in WAC Chapters 173-360 and 173-303 as well as International Building Code requirements.
  4. The Administrator may grant a waiver from one or more of the above requirements (in 3.a. through g.) upon a finding that the aboveground storage activity would not create a significant risk to groundwater quality. Aboveground or underground storage facilities designed and maintained according to an approved plan from the Natural Resources Conservation Service or Kittitas County Conservation District are exempt from these requirements but remain under the jurisdiction of the County to ensure compliance with the protective features of this Section and for enforcement purposes.
  5. The use of fertilizers, herbicides, pesticides, or other chemical for vegetation management within critical aquifer recharge areas shall adhere to the best management practices to prevent impacts to water quality and water supply. Where the application of such chemicals covers five (5) or more acres, a mitigation plan shall be required pursuant the regulations listed below.
  6. The following uses and development activities, when proposed in medium or high susceptibility critical aquifer recharge areas, have the potential to adversely affect ground water quality and/or quantity and may only be allowed subject to the County’s review and approval of a special hydrogeological assessment prepared by a qualified professional:
    1. Vehicle repair, servicing, and salvaging facilities, provided that the facility must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. Dry wells shall not be allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the Washington State Department of Ecology prior to commencement of the proposed activity;
    2. Use of reclaimed wastewater must be in accordance with adopted water or sewer comprehensive plans that have been approved by Ecology;
    3. Any other uses or development activity that the Administrator determines is likely to have a significant adverse impact on ground water quality or quantity, or on the recharge of the aquifer. The determination must be made based on credible scientific information;
    4. New landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood waste of more than two thousand (2,000) cubic yards, and inert and demolition waste landfills;
    5. Underground injection wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 5N24 of Class V wells;
    6. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade); and
    7. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl tertiary butyl ether (MTBE).

(Ord. 2016-006, 2016)

17B.05.020W Critical aquifer recharge areas – reports.

  1. When required by this code, hydrogeological reports for proposed uses and developments in critical aquifer recharge areas shall include the following information in addition to the general mitigation requirements listed above:
    1. Geologic setting and soils information for the site and surrounding area;
    2. Water quality data, including pH, temperature, dissolved oxygen, conductivity nitrates, and bacteria;
    3. Location and depth of perched water tables;
    4. Recharge potential of facility site (permeability/transmissivity);
    5. Hydrologic budget;
    6. Local groundwater flow, direction, and gradient;
    7. Location, depth, and other water quality data on the three (3) shallowest wells or springs located within one thousand (1,000) feet of the site;
    8. Impacts on wellhead protection areas located within the proposed site;
    9. Surface water locations within one thousand (1,000) feet of the site;
    10. Discussion of the effects of the proposed project on groundwater quality and quantity;
    11. Recommendations on appropriate mitigation, if any, to assure that there shall be no measurable exceedence of minimum state groundwater quality standards or measurable reduction in available quantity of groundwater;
    12. Emergency management plan; and
    13. Containment release detection.

(Ord. 2016-006, 2016)

17B.05.030 Flood hazard reduction.
The following provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modifications that may increase flood hazards. Flood hazard reduction measures may consist of non-structural measures, such as setbacks, land use controls, wetland restoration, dike removal, use relocation, biotechnical measures, and stormwater management programs as well as structural measures such as dikes, levees, revetments, floodwalls, channel realignment, and elevation of structures consistent with the National Flood Insurance Program.

  1. Policies. Pursuant to RCW 36.70A.480, the flood hazard reduction policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Use and development in floodplains shall not significantly or cumulatively increase flood hazards or be inconsistent with comprehensive flood hazard management plans adopted pursuant to RCW Chapter 86.12.
    2. New uses or development in shoreline jurisdiction, including the subdivision of land, shall not be permitted when it would be reasonably foreseeable that the uses and/or development would require structural flood hazard reduction measures within the channel migration zone or floodway.
    3. The following uses and activities may be appropriate and/or necessary within the channel migration zone or floodway:
      1. Actions that protect or restore the ecosystem-wide processes or ecological functions.
      2. Forest practices in compliance with the Washington State Forest Practices Act and its implementing rules.
      3. Existing and ongoing agricultural practices provided that no new restrictions to channel movement occur.
      4. Mining when conducted in a manner consistent with KCC 17B.06.120 Mining, the shoreline environment designation, and with the provisions of WAC 173-26-241(3)(h).
      5. Bridges, utility lines, and other public utility and transportation structures where no other feasible alternative exists or the alternative would result in unreasonable and disproportionate costs. Where such structures are allowed, mitigation shall address impacted functions and processes in the affected shoreline.
      6. Repair and maintenance of an existing legal use, provided that such actions do not cause significant ecological impacts or increase flood hazards to other uses.
      7. Use and development with a primary purpose of protecting or restoring ecological functions and ecosystem-wide processes.
      8. Modification or additions to an existing nonagricultural legal use, provided that channel migration is not further limited and that the new uses and/or development includes appropriate protection of ecological functions.
      9. Use and development in incorporated municipalities and designated urban growth areas, as defined in RCW Chapter 36.70A, where structures exist that prevent active channel movement and flooding.
    4. Allow new structural flood hazard reduction measures in shoreline jurisdiction only when it can be demonstrated by a scientific and engineering analysis that they are necessary to protect existing development; that nonstructural measures are not feasible; that impacts on ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss; and that appropriate vegetation conservation actions are undertaken consistent with KCC 17B.05.020G Shoreline buffer and vegetation conservation, and WAC 173-26-221(5).
    5. Structural flood hazard reduction measures shall be consistent with the adopted Kittitas County Multi-jurisdictional Hazard Mitigation Plan (October 2012).
    6. Place new structural flood hazard reduction measures landward of the associated wetlands, and designated vegetation conservation areas, except for actions that increase ecological functions, such as wetland restoration; provided that such flood hazard reduction projects be authorized if it is determined that no other alternative to reduce flood hazard to existing uses and/or development is feasible. The need for, and analysis of feasible alternatives to, structural improvements shall be documented through a geotechnical analysis.
    7. New structural public flood hazard reduction measures, such as dikes and levees, shall dedicate and improve public access pathways unless public access improvements would cause unavoidable health or safety hazards to the public, inherent and unavoidable security problems, unacceptable and unmitigated significant ecological impacts, unavoidable conflict with the proposed use, or cost that is disproportionate and unreasonable to the total long-term cost of the use or development.
    8. The removal of gravel for flood management purposes shall be consistent with an adopted flood hazard reduction plan and with the provisions of WAC 173-26, KCC 17B.06.070 Dredging and dredge material disposal and KCC 17B.06.120 Mining; and be allowed only after a biological and geo-morphological study shows that extraction has a long-term benefit to flood hazard reduction, does not result in a net loss of ecological functions, and is part of a comprehensive flood management solution.

(Ord. 2016-006, 2016)

17B.05.040 Public access.
Public access includes the ability of the general public to reach, touch, and enjoy the water’s edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. Public access provisions below apply to all shorelines of the state unless stated otherwise.

  1. Policies. Pursuant to RCW 36.70A.480, the public access policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Public access shall consist of a dedication of land or easement and a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters and may include interpretive centers and displays.
    2. New shoreline use and development by public entities, such as local governments, port districts, state agencies, and public utility districts, shall provide public access as part of each development project, unless such access is shown to be incompatible with the Program due to reasons of safety, security, or adverse impacts to shoreline functions and processes.
    3. New shoreline use and development by private entities shall provide public access when:
      1. The development would generate a public demand for one or more forms of such physical or visual access;
      2. The development will impair existing legal access opportunities or rights; or
      3. The development is not a preferred shoreline use (e.g., non-water-oriented commercial or industrial development).
    4. Public health and safety concerns associated with community or public access sites shall be adequately mitigated.
    5. Efforts to implement the public access provisions of this Section shall be consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality.
    6. Public access requirements on privately owned lands shall be commensurate with the scale and character of the use and/or development and shall be reasonable, effective and fair to all affected parties, including, but not limited to, the landowner and the public.
    7. Where feasible, providers of shoreline public access shall:
      1. Locate and design public access improvements in a manner that is compatible with the natural shoreline character and avoids adverse impacts to shoreline ecological processes and functions; and
      2. Ensure public access improvements and amenities are safe, respect individual privacy, and avoid or minimize visual impacts from neighboring properties; and
      3. Provide maps, signage, and orientation information to inform the public of the presence and location of privately held shorelands, especially those adjacent to public access and recreational areas; and
      4. Incorporate programs, signage and informational kiosks into public access locations, where appropriate, to enhance public education and appreciation of shoreline ecology and areas of historical or cultural significance.
    8. Opportunities to provide visual public access shall be evaluated during the review and conditioning of all proposed commercial and industrial shoreline developments and residential developments involving more than four (4) residential parcels.
    9. Dedicated space for physical public access shall be incorporated into all use and development proposals on public lands, all public and private commercial and industrial uses and developments, multi-family residential development of more than four (4) dwelling units, and all residential subdivisions of greater than four (4) parcels unless the project proponent demonstrates that any of the following conditions exist:
      1. Unavoidable public health or safety hazards exist and cannot be prevented through reasonable means; or
      2. The use and/or development has inherent security or cultural sensitivity requirements that cannot be mitigated through reasonable design measures or other solutions; or
      3. The provision of public access for the proposed use or development is not consistent with all relevant constitutional and other legal limitations on regulation of private property and the principles of nexus and proportionality; or
      4. The cost of providing the access, easement or an alternative amenity is disproportionate to the total long-term cost of the proposed use or development; or
      5. The public access will cause unacceptable environmental impacts that cannot be mitigated; or
      6. The access would create significant, undue, and unavoidable conflicts with adjacent uses that cannot be mitigated.
    10. To be relieved from public access requirements the project proponent must demonstrate that all feasible alternatives have been considered, including, but not limited to:
      1. Regulating access through means such as maintaining a gate and/or limiting hours of use; and
      2. Separating uses and activities (e.g., fences, terracing, use of one-way glazing, hedges, landscaping, etc.).
    11. When physical public access is deemed to be infeasible, the proponent shall provide visual access to the shoreline or provide physical access at an off-site location geographically separated from the proposed use or development (e.g., a street end, vista, or trail system), or for a residential development, provide community access to the shoreline or to a common waterfront lot/tract for non-commercial recreational use of the property owners and guests within the proposed subdivision.
    12. Public access shall be located and designed to be compatible with the natural shoreline character, to avoid adverse impacts to shoreline ecological functions and processes, and to ensure public safety.
    13. Public shoreline access provided by public road ends, public road rights-of-way, public utilities and rights-of-way shall not be diminished by the County, neighboring property owners, or other citizens, unless the property is zoned for industrial uses in accordance with RCW Chapter 36.87.130.
    14. Public access sites shall be directly connected to the nearest public street and shall include improvements that conform to the requirements of the Americans with Disabilities Act (ADA) when feasible and impacts to shoreline ecology are mitigated.
    15. Opportunities for boat-in public access and access to primitive shorelines not accessible by automobile shall be provided where feasible and appropriate.
    16. When required for public land, commercial, port or industrial use or development, public access sites shall be fully developed and available for public use prior to final occupancy of such use or development.
    17. Public access easements, dedications, and permit conditions shall be recorded on the deed of title and/or the face of a short or long plat as a condition running, at a minimum, for a period contemporaneous with the duration of the authorized land use. Recording of such easements, dedications, and conditions shall occur at the time of final approval for all subdivisions and binding site plans or prior to final occupancy for other permits.
    18. Where there is an irreconcilable conflict between water-dependent shoreline uses or physical public access and maintenance of views from adjacent properties, the water-dependent uses and physical public access shall have priority, unless there is a compelling reason to the contrary.
    19. Public access facilities shall be maintained over the life of the use or development. Future actions by successors-in-interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements.
    20. Maintenance of the public access facility shall be the responsibility of the owner or home owner’s association, unless otherwise accepted by a public or non-profit agency through a formal agreement recorded with the County Auditor's Office. Applicants shall make provisions to assure permanence and maintenance of public access facilities.
    21. Access improvements shall not result in a net loss of shoreline ecological functions and values.
    22. Rights of navigation shall be protected in conformance with the provisions of this Program.

(Ord. 2016-006, 2016)

17B.05.050 Shoreline buffers and vegetation conservation.
Shoreline buffers protect shorelines from the adverse effects of adjacent land use and development. Buffers also help protect people and property from natural hazards that are present on some shorelines. Vegetated buffers provide habitat, maintain water quality, stabilize slopes and streambanks, and help achieve no net loss of shoreline ecological functions; to function effectively, buffers must be well-vegetated. As a result, the Program promotes vegetation conservation including restrictions on clearing and grading, vegetation restoration and enhancement, and the control of invasive weeds and non-native species. Unless otherwise stated, buffer and vegetation conservation regulations of this Program do not apply to those activities covered under the Washington State Forest Practices Act, except for conversion of forest uses to other uses and those other forest practice activities over which local governments have authority. As with all master program provisions, buffer and vegetation conservation provisions apply even to those shoreline uses and developments that are exempt from the requirement to obtain a shoreline permit. Like other master program provisions, buffer and vegetation conservation standards do not apply retroactively to legally established existing uses and structures, such as existing agricultural activities.

  1. Policies. Pursuant to RCW 36.70A.480, the shoreline buffers and vegetation conservation policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations-shoreline buffers.
    1. New uses and developments shall be located landward of the shoreline buffers shown in the Table at KCC 17B.05.050-1 in accordance with the shoreline environment designation, unless this Program specifically allows the use/development within the shoreline buffer. Shoreline buffers shall be measured in all directions from the OHWM. Uses/development may also be subject to additional buffers prescribed in KCC 17B.05.020K of this Program due to presence of critical areas. In such cases, the landward-most buffer shall apply.
       
      17B.05.050-1. Standard Shoreline Buffers (Type S Waters)
      Shoreline Environment Designation Type S Standard Shoreline Buffer Width (feet)
      Urban Conservancy 100
      Shoreline Residential 100
      Rural Conservancy 100
      Natural 150
    2. Buffer condition: Shoreline buffers shall be maintained in a well-vegetated condition. For purposes of this Program, a well vegetated buffer is one that supports a predominance of native plant species at densities that would occur in similar relatively undisturbed settings. Vegetation conservation standards do not apply retroactively to existing legally established uses and developments. Vegetation associated with existing structures, uses and developments may be maintained within shoreline jurisdiction. A letter of exemption pursuant to KCC 17B.07.030 is not required for this normal maintenance.
    3. Interrupted buffer: When a shoreline buffer contains an existing legally established public or private road, the Administrator may allow development on the landward side of the road provided that the development will not have a detrimental impact to the shoreline. The applicant may be required to provide a critical areas report to describe the impacts. In determining whether a critical areas report is necessary, the County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the buffer interruption.
    4. Allowed shoreline buffer alterations: Alteration or disturbance of the standard shoreline buffers shown in the Table at 17B.05.050-1 shall not be allowed except in those limited instances when the Administrator finds that the alteration is necessary to accommodate one of the following uses/developments. In all cases, the buffer alteration shall be the minimum necessary to accommodate the proposed use/development. The Administrator may require vegetation enhancement outside of the disturbed area as compensation for the buffer alteration:
      1. Shoreline view corridors: The Administrator may allow limited and selective tree removal, pruning, and/or limbing within the shoreline buffer to create one view corridor on a lot, when otherwise consistent with this Program and if the following conditions are met:
        1. The view corridor shall be limited to twenty-five (25) feet in width or twenty-five percent (25%) of the width of the lot frontage, whichever distance is less;
        2. The removal of vegetation shall not require any ground-disturbing equipment and shall not materially alter soils or topography;
        3. A view clearance plan may be requested by the Administrator when determined that a substantial amount of vegetation is proposed for modification. The plan shall be prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the view corridor and will include:
          1. Identification and description of the location and extent of the proposed tree removal, pruning, and limbing, and the view corridor; and
          2. A critical areas report prepared by a qualified ecologist demonstrating the proposed removal of vegetation will not result in a net loss of shoreline ecological function.
        4. Proposed view clearance within a designated landslide or erosion hazard area shall require review of the proposed clearance by an engineering geologist or geotechnical engineer to ensure that the proposed removal of vegetation will not cause or exacerbate hazards.
      2. Selective pruning. Selective pruning of trees for views is allowed. Selective pruning of trees does not include removal of understory vegetation, and must not compromise the health of the tree. A letter of exemption pursuant to KCC 17B.07.030 is not required for selective pruning, provided the development is exempt pursuant to WAC 173-27-040(2)(a), as amended.
      3. Private pathways: Private pathways which provide pedestrian access to the shoreline may be allowed within a shoreline buffer provided they are constructed of pervious material, are less than or equal to six (6) feet wide, and follow a route that minimizes erosion and gullying (e.g., a winding but direct path). Pathways shall be co-located within the view corridor if one is available in order to minimize buffer disturbance. A letter of exemption pursuant to KCC 17B.07.030 is not required for private pathways, provided the development is exempt pursuant to WAC 173-27-040(2)(a), as amended.
      4. Hazard tree removal: Removal of a hazard tree, including removal for compliance with KCC 20.10, Wildland Urban Interface Code, may be allowed in the shoreline buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the Administrator may require the applicant to submit a hazard tree determination report prepared by a qualified arborist or forester.
      5. Invasive species management: Removing invasive, non-native shoreline vegetation listed on the Kittitas County Noxious Weed List or Washington State Noxious Weed Board Monitor List should be allowed in the shoreline buffer when otherwise consistent with this Program. The disturbed areas must be promptly re-vegetated using species native to Kittitas County and appropriate for the ecological sitting. If the removal area is greater than ten thousand (10,000) square feet or requires soil disturbance using non-handheld mechanized equipment, the Administrator shall require a vegetation management plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the invasive species removal. The vegetation management plan shall identify and describe the location and extent of vegetation management. For properties within designated landslide or erosion hazard areas, the Administrator may require review of the vegetation management plan by an engineering geologist or geotechnical engineer to ensure that the vegetation management will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the invasive species management area shall be clearly defined on the site plan.
      6. Public trails and other public access improvements: Public trails and public access improvements may be allowed in the shoreline when there is no suitable alternative location outside the buffer and when they are otherwise consistent with the policies and regulations of this Program.
      7. Utilities and essential public facilities: Utilities and essential public facilities that meet the definition of water-dependent or water-related may be allowed in the shoreline buffer when there is no suitable alternative location outside the buffer and when they are consistent with the policies and regulations specified in KCC 17B.06.190.
      8. Irrigation structures: Water control structures and sprinkle irrigation structures that reduce siltation and retard surface runoff, and associated leveling and filling on land not currently in agricultural use, may be allowed in the shoreline buffer provided the new agricultural activities are located landward of existing agricultural activities. A letter of exemption pursuant to KCC 17B.07.030 is not required for irrigation structures, provided the development is exempt pursuant to WAC 173-27-040(2)(e), as amended.
      9. Water-dependent and water-related uses: Water-dependent and water-related uses provided the amount of buffer encroachment and disturbance are the minimum needed to accommodate the use or development.
    5. Buffer averaging: The Administrator may allow averaging of the shoreline buffer widths in the Table at KCC 17B.05.050-1 when necessary to accommodate a single-family residence, residential subdivision of four (4) or fewer lots, or a water-dependent or water-related use or development. The buffer averaging shall be allowed only in those limited instances when adherence to the standard buffer is infeasible or presents a substantial hardship because of site conditions, lot configuration or other circumstances. Buffers that have been averaged or reduced by any prior actions administered by Kittitas County shall not be further averaged. Prior to approving buffer averaging the Administrator shall require a critical area report (per the requirements in KCC 17B.05.020W). With buffer averaging, the buffer width is reduced in one location and increased in another location to maintain the same overall buffer area. Proposals for buffer averaging shall not require a shoreline variance or compensatory mitigation if the following conditions are met:
      1. The minimum width of the buffer at any given point is at least seventy five percent (75%) of the standard width per the Table at KCC 17B.05.050-1, or twenty-five (25) feet, whichever is greater;
      2. The net buffer area (acreage) after averaging is the same as the buffer area without averaging; and
      3. The area that is added to the buffer to offset the reduction is well-vegetated. The Administrator may require vegetation enhancement if needed to ensure this criterion is met.
    6. Where possible, development and uses within the urban conservancy, rural conservancy, and natural designations shall be situated to avoid or minimize impacts to forest habitat and other relatively undisturbed native vegetation communities.

(Ord. 2016-006, 2016)

17B.05.060 Water quality, stormwater, and nonpoint pollution.
The following section applies to all uses and development in shorelines of the state, as defined in WAC 173-26-020, that affect water quality. To ensure mutual consistency between shoreline management provisions and other regulations that address water quality and stormwater quantity, including public health, stormwater, and water discharge standards, the regulations that are most protective of ecological functions shall apply.

  1. Policies. Pursuant to RCW 36.70A.480, the water quality, stormwater, and nonpoint pollution policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Shoreline use and development shall incorporate measures to protect and maintain surface and groundwater quantity and quality in accordance with all applicable laws.
    2. New uses and developments shall provide stormwater management facilities designed, constructed, and maintained in accordance with the current stormwater management standards. Deviations from these standards may be approved where it can be demonstrated that off-site facilities would provide better treatment, or where common retention, detention and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan.
    3. Best management practices for control of erosion and sedimentation shall be implemented for all use and development proposals in shorelines through an approved temporary erosion and sediment control (TESC) plan, identified in the Stormwater Management Manual for Eastern Washington, as amended.
    4. On-site sewage systems shall be located, designed and maintained to meet all applicable water quality, utility, and health standards.
    5. All building materials that may come in contact with water shall be constructed of untreated wood, cured concrete, or steel. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants. Wood treated with creosote, arsenate compounds, copper chromium arsenic or pentachlorophenol is prohibited in shoreline water bodies.
    6. Permanent stormwater management systems serving property within the shoreline shall be designed using BMP’s ensuring water quality treatment in compliance with the Stormwater Management Manual for Eastern Washington to prevent stormwater runoff from degrading or adding to the pollution of recipient waters or adjacent properties. Maintenance of storm drainage facilities on private property shall be the responsibility of the property owner(s). This responsibility and the provision for maintenance shall be clearly stated on any recorded subdivision, short plat, or binding site plan map, building permit, property conveyance documents, maintenance agreements and /or improvement plans.

(Ord. 2016-006, 2016)


Chapter 17B.06
SHORELINE USE AND MODIFICATION POLICIES AND REGULATIONS

Sections
17B.06.010 General shoreline use policies.
17B.06.020 General shoreline modification policies.
17B.06.030 Agriculture.
17B.06.040 Aquaculture.
17B.06.050 Boating facilities, marinas, piers, and docks.
17B.06.060 Commercial development.
17B.06.070 Dredging and dredge material disposal.
17B.06.080 Filling, grading, and excavation.
17B.06.090 Forest practices.
17B.06.100 Industrial and port development.
17B.06.110 In-stream structures.
17B.06.120 Mining.
17B.06.130 Recreation.
17B.06.140 Residential development.
17B.06.150 Shoreline stabilization.
17B.06.160 Shoreline restoration and habitat enhancement.
17B.06.170 Signs.
17B.06.180 Transportation.
17B.06.190 Utilities.
17B.06.200 Shoreline bulk and dimensional standards.

17B.06.010 General shoreline use policies.
Pursuant to RCW 36.70A.480, the general shoreline use policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.06.020 General shoreline modification policies.
Pursuant to RCW 36.70A.480, the general shoreline modification policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan. (Ord. 2016-006, 2016)

17B.06.030 Agriculture.

  1. Policies. Pursuant to RCW 36.70A.480, the agriculture policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. The applicability of shoreline review for agricultural activities shall be determined based on WAC 173-26-020 (Definitions) and WAC 173-26-241(3)(a) (Agriculture). Existing agricultural activities (see KCC 17B.07.020), including maintenance, repair and replacement of existing equipment and facilities (e.g., machinery, roads, buildings, etc. see KCC 17B.07.030(3)(b)), may continue as they historically have and may include changes in crops. New agricultural activities on land not currently in agricultural use are subject to shoreline review. New agricultural activities, equipment, and facilities are subject to shoreline review or exemption when applicable. The following provisions apply to any development, construction, or use of land for agricultural purposes.
    2. New agricultural activities on lands that did not have agricultural activities in place on the date of adoption of this Master Program; conversion of agricultural lands to non-agricultural activities; the development of non-agricultural activities on agricultural lands; and uses in support of agricultural activities are governed by the provisions of this Master Program and subject to the following criteria:
      1. Uses and activities shall be consistent with the environment designation;
      2. Uses and activities shall be located and designed to ensure no net loss of ecological functions;
      3. Uses and activities shall not have a significant impact on other shoreline resources and values.
    3. New agricultural activities, equipment, and facilities shall utilize best management practices established by the USDA Natural Resources Conservation Service or other similar agency.
    4. Discharge of any manure storage facility into ground or surface water is prohibited.

(Ord. 2016-006, 2016)

17B.06.040 Aquaculture.

  1. Policies. Pursuant to RCW 36.70A.480, the aquaculture policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. All structures located within water bodies shall not preclude navigability of those waters at any time, and shall be clearly marked so as to provide no hazard to navigation on those waters.
    2. Aquaculture facilities shall avoid significant conflict with water-dependent uses, the spreading of disease, introduction of non-native species, or impacts to shoreline aesthetic qualities.

(Ord. 2016-006, 2016)

17B.06.050 Boating facilities, marinas, piers, and docks.

  1. Policies. Pursuant to RCW 36.70A.480, the boating facilities, marinas, piers, and docks policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. For purposes of this chapter, "boating facilities" excludes docks serving four (4) or fewer single-family residences.
    2. Private docks shall be prohibited on all rivers except the Columbia River.
    3. Boating facilities, marinas and extended mooring sites shall:
      1. Be located and designed as not to obstruct or cause danger to normal public navigation of water bodies;
      2. Be restricted to suitable locations and should avoid locating in critical habitat including spawning and holding areas for anadromous fish;
      3. Avoid or mitigate aesthetic impacts;
      4. Mitigate special impacts of live-aboard vessels, such as water and wastewater needs, and garbage collection;
      5. Limit the total number of slips dedicated to live-aboard vessels to twenty percent (20%) of marina’s total slips;
      6. Mitigate impacts to existing public access and navigation;
      7. Provide documentation of ownership or authorization to use associated water areas;
      8. Demonstrate that state and local regulations will be met. Agencies responsible for such regulations shall be consulted as to the viability of the proposed design; and
        1. Submit an operations and site plan demonstrating:
          1. Location and design of fuel handling and storage facilities to minimize accidental spillage and protect water quality;
          2. Proper water depth and flushing action for any area considered for overnight or long-term moorage facilities;
          3. Adequate facilities to properly handle wastes from holding tanks;
          4. Suitable environmental conditions and shoreline configuration;
          5. Adequate access located away from the immediate water's edge;
          6. Adequate parking and restroom facilities located landward of the shoreline buffers shown in KCC 17B.05.050(B)(1).
    4. Boat launch ramps shall comply with KCC 17B.06.050(B)(3)(a)(b)(c)(f)(g) and (h) shall meet the following:
      1. Minimize the area disturbed by boat launch construction.
      2. Submit an operations and site plan demonstrating:
        1. Vegetation management, mowing and trimming;
        2. Litter pick-up and disposal;
        3. Appropriate directional and regulatory signs;
        4. Adequate access located away from the immediate water's edge;
        5. Adequate parking and restroom facilities located landward of the shoreline buffers shown in KCC 17B.05.050(B)(1).
    5. Piers, ramps, and docks permitted on lakes and the Columbia River shall meet the following dimensional standards:
      1. To prevent damage to shallow water habitat, piers and/or ramps shall extend at least forty (40) feet perpendicular from the OHWM. Docks shall be positioned at least forty (40) feet horizontally from the OHWM.
      2. Float components for single party docks shall not exceed the dimensions of eight-by-twenty (8-by-20)-feet or an aggregate total of one hundred sixty (160) square feet for all float components. Float components for joint-use docks shall not exceed the dimensions of eight-by-forty (8-by-40)-feet or an aggregate total of three hundred twenty (320) square feet for all float components.
      3. Piers and ramps shall be no more than four (4) feet in width for single or joint-use docks. Greater widths may be permitted for community, public, or commercial docks where use patterns can justify the increase.
      4. The bottom of the pier or bottom of the landward edge of the ramp shall be elevated at least two (2) feet above the plane of OHWM.
      5. Floats shall not be located in shallow water habitat where they could ground or impede the passage or rearing of any life stage of salmonid. Floats shall be in at least ten (10) feet of water.
      6. Grating shall cover the entire surface area of the pier, ramp, and/or float. The open area of grating shall be at least fifty percent (50%) as rated by the manufacturer.
      7. Pier and ramp construction shall meet or exceed the standards and/or requirements of the Washington State Departments of Ecology, Fish and Wildlife, and Natural Resources and the United States Army Corps of Engineers.
      8. Flotation materials shall be permanently encapsulated to prevent breakup into small pieces and dispersal in water, (e.g., rectangular float tubs).
    6. New pier or dock construction, excluding docks accessory to single-family residences must demonstrate that a specific need exists to support the intended water-dependent or public access use, for example, a market analysis showing demand for additional pier or dock facilities.
    7. New residential development of two (2) or more dwellings must provide joint-use or community dock facilities, rather than allow individual docks for each residence, unless documentation is provided demonstrating joint use is not feasible.
    8. All piers and docks shall be designed and constructed to avoid or, if that is not possible, to minimize and mitigate the impacts to ecological functions and critical areas. Structures shall be made of materials that have been approved by the Washington State Department of Fish and Wildlife.
    9. Extended moorage on waters of the state is prohibited, except as allowed by applicable state regulations and unless a lease or permission is obtained from the state and impacts to navigation and public access are mitigated.

(Ord. 2016-006, 2016)

17B.06.060 Commercial development.

  1. Policies. Pursuant to RCW 36.70A.480, the commercial development policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Water-dependent commercial uses shall be given preference over-water-related and water-enjoyment commercial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-dependent use.
    2. Non-water-oriented commercial uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objective of the Act such as providing public access and ecological restoration, and the commercial use is:
      1. Part of a mixed use project that includes a water-dependent use; or
      2. Proposed on a site where navigability is severely limited.
    3. Commercial development shall not result in a net loss of ecological functions that have significant adverse impacts to other shoreline uses, resources and values, such as navigation, recreation, and public access.
    4. Public access and ecological restoration should be considered as potential mitigation of impacts to shoreline resources and values for all water-related or water- dependent development unless such improvements are demonstrated to be infeasible or inappropriate.
    5. Only those portions of water-dependent commercial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on pilings or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.
    6. Non-water-dependent commercial uses shall not be allowed over-water except in limited instances where they are appurtenant and necessary to support water-dependent uses.

(Ord. 2016-006, 2016)

17B.06.070 Dredging and dredge material disposal.

  1. Policies. Pursuant to RCW 36.70A.480, the dredging and dredge material disposal policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Dredging and dredge material disposal shall be done in a manner that avoids or minimizes significant ecological impacts. Impacts that cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions.
    2. New uses and developments should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new and/or maintenance dredging.
    3. Dredging for the purpose of establishing, expanding, relocating, or reconfiguring navigation channels and basins shall be allowed where necessary for assuring safe and efficient accommodation of navigational uses and then only when significant ecological impacts are minimized and mitigated.
    4. Maintenance dredging of established navigation channels and basins shall be restricted to maintaining previously dredged and/or existing authorized locations, depths and widths.
    5. All applications for substantial development permits that include dredging shall supply a dredging plan that includes the following information:
      1. The quantity of material to be removed;
      2. The method of removal;
      3. Location of spoil disposal sites and measures that will be taken to protect the environment around them; and
      4. Plans for the protection and restoration of the shoreline environment during and after dredging operations.
    6. A dredging operation judged by the Administrator to be insufficient for protection or restoration of the shoreline environment shall cause denial of a substantial development permit.
    7. Dredging in surface waters shall be allowed only where necessary because of existing navigation needs, habitat restoration or improvement, maintenance or construction of water-dependent uses.
    8. Minor trenching to allow the installation of necessary underground pipes or cables may be allowed if no alternative, including boring, is feasible, and:
      1. Impacts to fish and wildlife habitat are avoided to the maximum extent possible;
      2. The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration;
      3. Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation; and
      4. Mitigation is implemented, as appropriate, pursuant to KCC 17B.05.020 Environmental protections and critical areas.
    9. Dredging for the purpose of obtaining fill material is prohibited, except when permitted under KCC 17B.06.120 Mining; or when needed for a project associated with the Model Toxics Control Act (MTCA) or the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) habitat restoration, or any other significant restoration effort approved by a shoreline conditional use permit, where placement of fill is waterward of the OHWM.
    10. Dredging and excavation shall be confined to the minimum area necessary to accomplish the intended purpose or use.
    11. Hydraulic dredging or other techniques that minimize the dispersal and broadcast of bottom materials shall be preferred over agitation forms of dredging.
    12. Curtains and other appropriate mechanisms shall be used to minimize widespread dispersal of sediments and other dredge materials.
    13. Entries across shore and wetland edges to accomplish dredging or excavation shall be confined to the minimum area necessary to gain entry and shall be confined to locations with the least potential for site disturbance and damage.
    14. Dredging and excavation shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
    15. Dredge spoils are also considered fill, and shall not be deposited within the shoreline except where such deposit is in accordance with approved procedures intended to preserve or enhance wildlife habitat, natural drainage, or other naturally occurring conditions.
    16. Disposal of dredge material within a river’s channel migration zone shall require a conditional use permit.
    17. Dredge material disposal on land away from the shoreline is permitted under the following conditions:
      1. Shoreline ecological functions and processes will be preserved, including protection of surface and groundwater;
      2. Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property; and
      3. Sites will be adequately screened from view of local residents or passersby on public right-of-ways.

(Ord. 2016-006, 2016)

17B.06.080 Filling, grading, and excavation.

  1. Policies. Pursuant to RCW 36.70A.480, the filling, grading, and excavation policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Filling, grading or excavation waterward of the OHWM for any use except ecological restoration shall require a conditional use permit.
    2. Fill waterward of the OHWM shall be allowed with a shoreline conditional use permit only when necessary to support:
      1. Water-dependent use;
      2. Public access;
      3. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan;
      4. Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Washington State Department of Natural Resources;
      5. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible; or
      6. Mitigation action, environmental restoration, or enhancement project.
    3. Fill for the purpose of increasing elevation may be permitted if such can be accomplished in a manner consistent with the policies of this title.
    4. Fill shall be the minimum necessary to accomplish the use or purpose and shall be confined to areas having the least impact to the stream corridor. Other alternatives should be preferred over fill to elevate new homes in the floodplain, such as increasing foundation height or zero-rise methods such as piers, posts, columns, or other methods.
    5. Fill in floodplains shall meet the requirements of KCC 17.05.020 Environmental protection and critical areas and KCC 17B.05.030 Flood hazard reduction.
    6. Pile or pier supports shall be preferred over fill for water-dependent uses and facilities.
    7. Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material, with a minimum potential to degrade water quality.
    8. Fill placement shall be scheduled at times having the least impact to fish spawning, nesting patterns, and other identified natural processes.
    9. Fill shall be stabilized with native vegetation where appropriate to prevent erosion, migration of sediments and other material from the fill area to surrounding water, shore, and wetlands, unless technical consultation with other regulating agencies indicates alternative means are required.
    10. Projects that propose fill shall make every effort to acquire fill on-site (also known as compensatory storage) where appropriate.
    11. Excavation that occurs either waterward of the OHWM or within wetlands shall be considered dredging for purposes of this Program.
    12. Filling, grading or excavation shall not be located where shoreline stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and re-vegetated, as applicable.
    13. Filling, grading, and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long-term appropriate use including lawful access and enjoyment of scenery.
    14. Cut and fill slopes shall generally be no steeper than one (1) foot vertical for every three (3) feet horizontal unless a specific engineering analysis has been provided certifying that the proposed slope is stable, and the Administrator determines that the fill blends physically and visually with existing topography.
    15. A temporary erosion and sediment control (TESC) plan, consistent with the standards found in the Stormwater Manual for Eastern Washington, shall be provided for all proposed filling, grading, and excavation activities.
    16. Excavation and grading for the primary purpose of restoration of shoreline habitat and the natural character of the shoreline must demonstrate the following:
      1. The site is currently degraded and provides limited ecological function; and
      2. The restoration project will result in a net increase in ecological function within the project boundaries; and
      3. The project complies with the provisions of KCC 17B.05.020 Environmental protection and critical areas.

(Ord. 2016-006, 2016)

17B.06.090 Forest practices.

  1. Policies. Pursuant to RCW 36.70A.480, the forest practices policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. All federal forest practices or non-federal forest practices meeting the criteria below shall qualify for an exemption from this Program. All forest practices qualifying for this exemption shall demonstrate compliance by providing a copy of the federal approval or state forest practices permit. To qualify for an exemption a non-federal forest practice must meet the following criteria:
      1. The activities includes harvest/treatment of at least five (5) acres of forestland, or supporting such an operation;
      2. All harvesting within two hundred (200) feet of the OHWM of a shoreline of statewide significance use methods meeting RCW 90.58.150 (selective harvest), as amended;
      3. The activities are not associated with a conversion option harvest;
      4. The activities are approved under a forest practices permit;
      5. The activities are not associated with a harvest under a Class IV–General application to convert forest land to non-forestry use.
    2. Non-federal forest practices not meeting criteria (a), (b), or (c) above shall require a conditional use permit.
    3. Non-federal forest practices not meeting criteria (d) above (Class 1 forest practices activities not requiring DNR approval) shall be reviewed as separate uses or activities.
    4. Non-federal forest practices not meeting criteria (e) above shall be reviewed as a new proposed use.
    5. Within the shoreline jurisdiction, development activities associated with timber harvest (such as road construction), land conversion of forest land to non-forest uses, and forest practices not meeting any of the exemptions listed above must conform to all applicable provisions of this Program.

(Ord. 2016-006, 2016)

17B.06.100 Industrial and port development.

  1. Policies. Pursuant to RCW 36.70A.480, the industrial and port development policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Industrial uses are allowed subject to the policies and regulations of this Program and the specific criteria below:
      1. Water-dependent industrial uses shall be given preference over non-water dependent industrial uses and, second, preference shall be given to water-related industrial uses over non-water-oriented industrial uses. Prior to approval of water-dependent uses, the Administrator shall review a proposal for design, layout, and operation of the proposed use and shall make specific findings that the use qualifies as water-dependent.
      2. Non-water-oriented industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water-oriented use is precluded. All other non-water-oriented industrial and port uses are prohibited in the shoreline unless the use provides significant public benefit and is either part of a mixed-use project that includes water-dependent uses; or located on a site where navigability is severely limited.
      3. Industrial development shall be located, designed, and constructed in a manner that assures no net loss of shoreline ecological functions and such that it does not have significant adverse impacts to other shoreline resources and values.
    2. Required setback areas shall not be used for storage of industrial equipment, materials, or waste disposal, but may be used for outdoor recreation and public access. Portions of side yard setbacks may be used for light motor vehicle parking if design of such facilities is consistent with this Program.
    3. Disposal or storage of solid or other industrial wastes is not permitted on shorelines.
    4. When feasible, mitigation to ensure no net loss of shoreline ecological functions should be implemented in a manner consistent with restoration opportunities identified in the "Kittitas County Shoreline Restoration Plan."
    5. Only those portions of water-dependent industrial uses that require over-water facilities shall be permitted to locate waterward of the OHWM, provided they are located on pilings or other open-work structures, and they are limited to the minimum size necessary to support the structures intended use.

(Ord. 2016-006, 2016)

17B.06.110 In-stream structures.

  1. Policies. Pursuant to RCW 36.70A.480, the in-stream structures policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Channelization projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, or result in high flood stages and velocities shall not be permitted when feasible alternatives are available.
    2. Cut-and-fill slopes and backfilled areas shall be stabilized with brush matting and buffer strips and re-vegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes.
    3. In-stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The jurisdictions may require reasonable conditions to achieve this objective, such as setbacks, buffers, or storage basins.
    4. Natural in-stream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are causing significant bank erosion or higher flood stages, or pose an unavoidable hazard to navigation.
    5. In-stream structures shall allow for natural groundwater movement and surface runoff.
    6. A professionally engineered design is required for any proposed in-stream structure.
    7. The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the state of Washington. The professional design shall include a maintenance schedule.
    8. For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the Washington State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one hundred fifty percent (150%) of the cost of the structure shall be filed with the Administrator prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a civil engineer licensed in the state of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration.
    9. No in-stream structure shall commence without having obtained all applicable federal, state, and local permits and approvals, including but not limited to a hydraulic project approval (HPA) from the Washington State Department of Fish and Wildlife.
    10. Shoreline modification projects shall be designed and constructed to avoid or minimize impacts to sediment transport.

(Ord. 2016-006, 2016)

17B.06.120 Mining.

  1. Policies. Pursuant to RCW 36.70A.480, the mining policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Mining below the OHWM of a river shall be permitted only when:
      1. Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole; and
      2. The mining and any associated permitted activities will not have significant adverse impacts to habitat for priority species nor cause a net loss of ecological functions of the shoreline.
      3. Determination of whether the two provisions above have been met shall be made consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Such evaluation of impacts should be appropriately integrated with relevant environmental review requirements of SEPA (RCW Chapter 43.21C) and the SEPA rules (WAC Chapter 197-11).
      4. In considering renewal, extensions or reauthorization of gravel bar and other in-channel mining operations in locations where they have previously been conducted, local government shall require compliance with this subsection (1) to the extent that no such review has previously been conducted. Where there has been prior review, local government shall review previous determinations comparable to the requirements of this Section to assure compliance with this subsection(1) under current site conditions.
      5. The provisions of this Section do not apply to dredging of authorized navigation channels when conducted in accordance with WAC 173-26-231(3)(f).
    2. Mining within any channel migration zone that is within the shoreline jurisdiction shall require a shoreline conditional use permit.
    3. Mining shall not be permitted in designated fish and wildlife habitat areas except as a part of an approved flood control program or in conjunction with a habitat restoration or enhancement plan, provided that such activities are demonstrated to be water-dependent. A determination of water dependency shall be based on an evaluation of geologic factors such as the distribution and availability of mineral resources for that jurisdiction, and a need for such mineral resources, economic, transportation, and land use factors. This demonstration may rely on analysis or studies prepared for purposes of comprehensive plan designations, and may be integrated with any relevant environmental review conducted under SEPA (RCW Chapter 43.21 C), or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201 (2)(a).
    4. Application for permits for mining operations shall be accompanied by operation plans, reclamation plans, and analysis of environmental impacts in compliance with local ordinances and sufficient to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation. Creation, restoration, or enhancement of habitat for priority species and the future productivity of the site may be considered in determining no net loss of ecological functions.
    5. The designation of mineral resource lands of long-term commercial significance and the development of mineral resource activities must demonstrate that mining is dependent on a shoreline location, and that demand cannot reasonably be accommodated in operations outside shoreline jurisdiction. Information required to meet this criteria shall evaluate geologic factors such as the distribution and availability of mineral resources and the need for such mineral resources.
    6. Renewal, extension, or reauthorization of in-stream and gravel bar mining activities requires review for compliance with WAC 173-26-241(3)(h)(ii)(D)(IV).
    7. A reclamation plan that complies with the format and detailed minimum standards of RCW 78.44 shall be included with any shoreline permit application for mining. In reviewing reclamation plans together with permit applications, the Administrator shall determine whether or not the plan is also consistent with this Program and other local regulations. An inconsistent reclamation plan shall constitute sufficient grounds for denial of a shoreline permit, provided, the applicant/proponent shall be given reasonable opportunity to revise the plan.
    8. Subsequent use of reclaimed sites shall be consistent with the provisions of this Program.

(Ord. 2016-006, 2016)

17B.06.130 Recreation.

  1. Policies. Pursuant to RCW 36.70A.480, the recreation policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Recreational development is a priority use of the shoreline. Preference shall be given to water-dependent uses such as fishing, swimming, and boating. Water-related and water-enjoyment uses such as picnicking, hiking, and walking are permitted provided they do not displace water-dependent uses and are consistent with the specific shoreline environment. Non-water-related recreation facilities and/or support facilities such as parking lots shall be located in upland areas.
    2. Linkage of shoreline parks and public access points by means of linear access should be encouraged.
    3. Commercial and public recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with KCC 17B.05.040, Public access.
    4. Commercial recreational facilities shall be consistent with the provisions of KCC 17B.06.060 Commercial development.
    5. Recreational uses and facilities shall be designed and located to ensure no net loss of critical areas and shoreline ecological functions.
    6. Recreation facilities shall be designed to take maximum advantage of and enhance the natural character of the shoreline area. The use of native plant species is preferred over the use of plant types that need extensive maintenance and support (mowing, pruning, irrigation, etc.).
    7. Recreational facilities shall incorporate means to prevent erosion, control the amount of runoff and prevent harmful concentrations of chemicals and sediment from entering water bodies.
    8. State-owned shorelines of the state are priority locations for wilderness beaches, ecological study areas and other recreational activities for the general public.
    9. The location, design, and operation of recreational facilities shall be consistent with the purpose of the environmental designation.
    10. Within the natural environment, passive water-oriented recreational development, such as primitive trails or primitive campsites, is permitted provided, topography and native vegetation are not substantially altered. Any necessary landscaping or site restoration shall use native or similar self-maintaining vegetation. No permanent structures are allowed in the natural environment.
    11. Recreational activities in the urban conservancy and rural conservancy environment must be compatible with existing or proposed uses in the area and must not create a noise, traffic, visual, or similar problem.

(Ord. 2016-006, 2016)

17B.06.140 Residential development.

  1. Policies. Pursuant to RCW 36.70A.480, the residential development policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. New residential development, including lot creation, will not be approved in cases when it can be reasonably foreseeable that the use or development would require structural flood hazard reduction measures within the floodway during the life of the use or development.
    2. New residential development shall assure that the proposal will not require shoreline or slope stabilization measures. Where located in a designated geologically hazardous area, a geotechnical analysis of the site and shoreline characteristics shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian shoreline and erosion areas, shall be sufficient to protect structures during the life of the structure; and impacts to adjacent, downslope or down-current properties are not likely to occur during the life of the lots created.
    3. New over-water residential structures, including floating homes, are prohibited.
    4. New residential development shall be designed to comply with applicable setbacks, critical area buffers, lot frontage requirements, height limits and density standards.
    5. Residential development shall make provisions for vegetation conservation in conformance with 17B.05.050 Shoreline buffer and vegetation conservation.
    6. Shoreline access for residential development shall incorporate access to adjacent publicly owned shorelines or public water bodies as provided for in KCC 17B.05.040, Public access.

(Ord. 2016-006, 2016)

17B.06.150 Shoreline stabilization.
Shoreline erosion – including erosion caused by currents, flood, wind or wave action – is a natural phenomenon associated with properly functioning shoreline environments. However, erosion can put existing structures and uses at risk. In some cases, shoreline stabilization is necessary to protect existing uses and development from naturally occurring erosion. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as current, flood, wind, or wave action. These actions include nonstructural and structural methods.

Nonstructural methods include building setbacks, relocation of the structure to be protected, groundwater management, planning and regulatory measures to avoid the need for structural stabilization.

Structural stabilization measures include:

  • Vegetation enhancement;
  • Anchor trees;
  • Gravel placement;
  • Rock revetments;
  • Gabions;
  • Concrete groins;
  • Retaining walls and bluff walls; and
  • Bulkheads.

Structural stabilization measures can be "hard" or "soft." "Hard" structural stabilization refers to those with solid, hard surfaces, such as concrete bulkheads, while "soft" structural measures rely on less rigid materials, such as biotechnical vegetation measures.

Generally, the harder the construction measure, the greater the impact on shoreline processes, including sediment transport, geomorphology, and biological functions. Additionally, hard structures, especially vertical walls, often create conditions that lead to failure of the structure. Failed bulkheads and walls adversely impact beach aesthetics, may be a safety or navigational hazard, and may adversely impact shoreline ecological functions.

  1. Policies. Pursuant to RCW 36.70A.480, the shoreline stabilization policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. New uses and developments shall be located and designed to avoid the need for future shoreline stabilization to the extent feasible.
    2. Subdivision of land should not create lots that will require shoreline stabilization in order for reasonable use or development to occur.
    3. New uses and developments on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the structure, as demonstrated by a geotechnical analysis.
    4. New uses and developments that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas shall not be allowed.
    5. New structural stabilization measures shall only be allowed for the following instances, and then only when necessity is demonstrated based on criteria included in this Section:
      1. When necessary to protect an existing primary structure;
      2. In support of new non-water-dependent development, including single-family residence;
      3. In support of new water-dependent development; and
      4. To protect projects for the restoration of ecological functions or hazardous substance remediation projects.
    6. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, are permitted only if there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by stream processes or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis shall evaluate on-site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization.
    7. New structural stabilization for new non-water-dependent development, including single-family residences, is permitted only if it can be demonstrated that:
      1. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
      2. Nonstructural measures, such as placing the proposed use or development further from the shoreline, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and
      3. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report that states damage was caused by natural processes, such as stream processes or waves.
    8. New structural stabilization for water-dependent development is permitted only if it can be demonstrated that:
      1. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage;
      2. Nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient; and
      3. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report.
    9. New structural stabilization to protect projects for the restoration of ecological functions or hazardous substance remediation projects is permitted only if it can be demonstrated that nonstructural measures, planting vegetation, or installing on-site drainage improvements, are not feasible or not sufficient.
    10. An existing shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect primary uses or structures or public facilities from erosion caused by stream undercutting or wave action.
    11. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the OHWM, provided a geotechnical analysis documents that alternative solutions are not feasible or do not provide sufficient protection.
    12. Replacement walls or bulkheads shall not encroach waterward of the OHWM or existing structure unless the residence was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure.
    13. All new, expanded, or replacement shoreline stabilization shall be permitted only if it can be demonstrated that the erosion rate exceeds that which would normally occur in a natural condition, that the measure does not interfere with fluvial hydrological and geo-morphological processes normally acting in natural conditions, and that the proposed measures will not result in a net loss of shoreline ecological functions.
    14. For purposes of this Section, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures.
    15. Geotechnical reports that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. Hard armoring solutions should not be authorized except when a geotechnical report confirms that there is a significant possibility that the primary structure will be damaged within three (3) years as a result of shoreline erosion in the absence of hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three (3) years, the report may still be used to justify more immediate authorization to protect against erosion using soft measures.
    16. When structural shoreline stabilization measures are demonstrated to be necessary, the following provisions shall apply:
      1. The size of stabilization measures shall be limited to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions;
      2. Soft approaches shall be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses; and
      3. Publicly financed or subsidized shoreline erosion control measures should not restrict appropriate public access to the shoreline except where such access is not feasible because of incompatible uses, safety, security, or harm to ecological functions. See KCC 17B.05.040 Public access. Where feasible, incorporate ecological restoration and public access improvements into the project.
    17. Breakwaters, jetties, groins, and weirs shall:
      1. Be located waterward of the OHWM and shall be allowed only where necessary to support water-dependent uses, public access, shoreline stabilization, or other specific public purposes; and
      2. Require a conditional use permit; except for those structures installed to protect or restore ecological functions.
    18. Shoreline stabilization projects shall be designed to protect critical areas and shall avoid and reduce significant ecological impacts by providing for mitigation according to the sequence in KCC 17B.05.020(B)(2).
    19. Public access shall be required as part of publically-financed shoreline erosion control measures.
    20. Shoreline stabilization projects shall be designed and constructed to avoid or minimize impacts to sediment transport.

(Ord. 2016-006, 2016)

17B.06.160 Shoreline restoration and habitat enhancement.

  1. Policies. Pursuant to RCW 36.70A.480, the shoreline restoration and habitat enhancement policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    In addition to the regulations below, shoreline restoration and habitat enhancement is regulated though KCC 17B.05.020 Environmental protection and critical areas, KCC 17B.05.050 Shoreline buffers and vegetation conservation, and KCC 17B.05.060 Water quality, stormwater, and nonpoint pollution.
    1. Restoration shall be carried out in accordance with a County or resource agency-approved restoration plan and in accordance with the policies and regulations of this Program.
    2. All shoreline restoration and enhancement projects shall protect the integrity of adjacent natural resources, including aquatic habitats and water quality, and shall not result in significant adverse changes to ecological functions, processes or properties.
    3. Restoration projects shall be monitored and maintained to ensure they achieve their intended restoration goals. The project proponent shall assess and document each restoration project according to the requirements prescribed by the applicable authorizing or funding agency. The project proponent shall be responsible for implementing corrective actions as needed to ensure the project’s ecological benefits are sustainable over time.
    4. The Administrator shall track and document shoreline restoration efforts and their expected and actual contribution to shoreline ecological functions on a regular and ongoing basis as part of demonstrating whether no net loss is being achieved.
    5. The Administrator, at his/her discretion, may waive or reduce review fees for shoreline enhancement projects that meet either of the following criteria, provided a reciprocal fee agreement has been approved by the Board of County Commissioners:
      1. Sponsored projects: Restoration and enhancement projects sponsored by Kittitas County, Washington State Department of Fish and Wildlife, Kittitas County Conservation District, Natural Resources Conservation Service, United States Fish and Wildlife Service, Washington State Department of Natural Resources, Yakama Nation, Yakima Basin Fish & Wildlife Recovery Board, Yakima Tributary Access & Habitat Program, or other public agency approved by the Administrator which are consistent with the County comprehensive plan or other plans adopted by the Kittitas County Board of Commissioners.
      2. Vegetation planting/removal: Planting of native vegetation or removal of non-native species for the enhancement of a shoreline buffer or designated critical area; provided that such activities are limited to the area being enhanced.

(Ord. 2016-006, 2016)

17B.06.170 Signs.

  1. Policies. Pursuant to RCW 36.70A.480, the signs policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Signs may be permitted above the OHWM in any shoreline environment, subject to the locally adopted signage standards.

(Ord. 2016-006, 2016)

17B.06.180 Transportation.

  1. Policies. Pursuant to RCW 36.70A.480, the transportation policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Roads and railroads shall not be located within a designated shoreline except where it is necessary to cross a stream corridor, or where an existing use, development, topography, and other conditions preclude locations outside the shoreline.
      1. Construction of roadways across stream corridors shall be by the most direct route possible having the least impact to the stream corridor.
      2. Roadways that must run parallel to stream or wetland edges shall be along routes having the greatest possible distance from stream or wetland and the least impact to the corridor.
      3. Roadways within the stream corridor shall not hydrologically obstruct, cut-off, or isolate stream corridor features.
    2. Material excavated from the roadway area to achieve the design grade shall be used as fill where necessary to maintain grade, or shall be transported outside the shoreline.
    3. Necessary fill to elevate new roadways shall not impede the normal flow of floodwaters or cause displacement that would increase the elevation of flood waters such that it would cause properties not in the floodplain to be flood-prone.
    4. Spoil, construction waste, and other debris shall not be used as road fill or buried within the shoreline.
    5. Bridges and water crossing structures shall not constrict the stream channel or impede the flow of the ordinary high water, sediment, and woody debris.
    6. Natural stream channels and drainage ways shall be preserved through the use of bridges for crossings, unless the use of culverts is demonstrated to be the only technically feasible means for crossing. The use of bridges shall be the preferred means to preserve natural streams and drainage ways. Where bridges are not feasible, large, natural bottom culverts, multi-plate pipes and bottomless arches shall be used.
    7. The alignment and slope of culverts shall parallel and match the natural flow of streams or drainage ways, unless doing so conflicts with KCC 17B.06.180(B)(1) and (2) above, and shall be sized to accommodate the OHWM, sediment, debris and ice.
    8. Culverts for stream crossings, if needed, shall be designed according to applicable state and federal criteria for fish passage as required by law and regulation.
    9. At least one end of a wood stringer bridge shall be anchored to prevent it from being washed away during high water.
    10. Roads must be designed and constructed using established flood resistant and design and construction methods when they may be subject to damage by floodwaters.
    11. Parking is not a preferred shoreline use and shall be allowed only as an accessory use to an authorized primary use when no other feasible alternative exists.
    12. Authorized parking areas shall be designed and constructed to minimize the visual impact of parking facilities from the shoreline and to prevent environmental impacts to the shoreline.

(Ord. 2016-006, 2016)

17B.06.190 Utilities.

  1. Policies. Pursuant to RCW 36.70A.480, the utilities policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. Utilities are services and facilities that produce, transmit, carry, store, process, or dispose of electric power, gas, water, sewage, communications, oil, and the like. The provisions in this Section apply to primary uses and activities, such as solid waste handling and disposal, sewage treatment plants, pipelines and outfalls, public high-tension utility lines on public property or easements, power generating or transfer facilities, and gas distribution lines and storage facilities that are water-dependent. The provisions in this Section do not apply to utility facilities accessory to an existing use or accessory to a new use or development undergoing review by this title.
    2. Non-water dependent utilities should be placed outside of shoreline jurisdiction unless no other feasible option exists.
    3. All utility facilities shall be designed and located to assure no net loss of shoreline ecological functions, preserve the natural landscape, and minimize conflicts with present and planned land and shoreline uses while meeting the needs of future populations in areas planned to accommodate growth. The Administrator may require the relocation or redesign of proposed utility development in order to ensure no net loss of ecological function.
    4. Utility production and processing facilities, such as power plants and sewage or stormwater treatment facilities, or parts of those facilities that are non-water-oriented shall not be allowed in shoreline areas unless it can be demonstrated that no other feasible option is available. In such cases, significant ecological impacts shall be avoided.
    5. Transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, shall be located outside of the shoreline area where feasible and when necessarily located within the shoreline area shall assure no net loss of shoreline ecological functions. Utilities should be located in existing rights-of-way and corridors whenever feasible.
    6. Development of pipelines and cables on shorelines, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance or that cause significant ecological impacts shall not be allowed unless no other feasible option exists. When permitted, those facilities shall include adequate provisions to protect against significant ecological impacts.
    7. Restoration of ecological functions shall be a condition of new and expanded non-water-dependent utility facilities. The Administrator or designee will consult the provisions of this title and determine the applicability and extent of ecological restoration required. The extent of ecological restoration shall be that which is reasonable given the specific circumstances of utility development.
    8. New solid waste disposal sites and facilities are prohibited. Existing solid waste disposal and transfer facilities in shoreline jurisdiction shall not be added to or substantially reconstructed.
    9. New electricity, communications and fuel lines shall be located underground, except where the presence of bedrock or other obstructions make such placement infeasible or if it is demonstrated that above-ground lines would have a lesser impact. Existing aboveground lines shall be moved underground during normal replacement processes.
    10. Transmission and distribution facilities shall cross areas of shoreline jurisdiction by a route that has the least ecological impact to the shoreline.
    11. Utility developments shall be located and designated so as to avoid or minimize the use of any structural or artificial shoreline stabilization or flood protection works.
    12. Utility production and processing facilities shall be located outside shoreline jurisdiction unless no other feasible option exists. Where major facilities must be placed in a shoreline area, the location and design shall be chosen so as not to destroy or obstruct scenic views, and shall meet no-net-loss standards.
    13. All underwater pipelines transporting liquids intrinsically harmful to aquatic life or potentially injurious to water quality are prohibited, unless no other feasible alternative exists. In those limited instances when permitted by conditional use, automatic shut-off valves shall be provided on both sides of the water body.
    14. Filling in shoreline jurisdiction for development of utility facility or line purposes is prohibited. Permitted crossings shall utilize pier or open pile techniques.
    15. Power-generating facilities shall require a conditional use permit.
    16. Clearing of vegetation for the installation or maintenance of utilities shall be kept to a minimum and upon project completion any disturbed areas shall be restored to their pre-project condition.
    17. Telecommunication towers, such as radio and cell phone towers, are specifically prohibited in shoreline jurisdiction.
    18. Utilities that need water crossings shall be placed deep enough to avoid the need for bank stabilization and stream/riverbed filling both during construction and in the future due to flooding and bank erosion that may occur over time. Boring, rather than open trenching, is the preferred method of utility water crossing.
    19. Water systems for irrigation or domestic supply are permitted uses if allowable under Washington State water laws and regulations.

(Ord. 2016-006, 2016)

17B.06.200 Shoreline bulk and dimensional standards.

  1. Policies. Pursuant to RCW 36.70A.480, the shoreline bulk and dimensional standards policies of the 2016 Kittitas County Shoreline Master Program shall be considered as policies of the Kittitas County Comprehensive Plan.
  2. Regulations.
    1. The Table at KCC 17B.06.200-1 establishes the minimum dimensional requirements for shoreline use development. Dimensional standards are measured on the horizontal plane, as applicable. Dimensional standards relating to critical areas are governed by the provisions of KCC 17B.05.020 Environmental protection and critical areas.
    2. Bulk and dimensional standards shall be coordinated with KCC Title 17, Zoning and other Kittitas County development standards to protect the natural character of the shoreline and ensure no net loss of shoreline ecological functions and processes consistent with the purpose of the environment designation. In the event the provisions of this Program conflict with provisions of federal, state or Kittitas County regulations, the provision that is more protective of shoreline resources shall prevail, when consistent with SMA policy.
    3. No new structures within the shoreline shall exceed a height of thirty-five (35) feet above average grade level, except as provided herein.
    4. Proposals for new or expanded commercial, multi-family or mixed use structures exceeding the thirty-five (35) foot building height limitation shall only be allowed with a Shoreline Variance where the Administrator finds the following standards are met:
      1. The proposed building shall not obstruct the view of the water for a substantial number of residential buildings located with a view of the adjoining shoreline.
      2. The applicant shall provide a view analysis identifying the properties and structures located within the view corridor for that shoreline demonstrating the level of obstruction represented by the proposed structure for each affected property.
      3. The view corridor shall include residential buildings located outside of the shoreline area if it can be clearly demonstrated that the property has significant water views.
      4. To insure that the analysis is cumulative in nature, it shall include vacant existing parcels of record as well as existing structures. Vacant parcels of record shall be assumed to be developed with structures complying with the thirty-five (35) foot height limitation.
      5. The proposed structure shall not obstruct more than thirty percent (30%) of the view of the shoreline enjoyed by the structures within the view corridor.
      6. The structure shall be located and oriented on the subject property in a manner that diminishes the potential view impact.
      7. No side yard setbacks shall be reduced to accommodate the proposed structure. Side yard setbacks may be increased where necessary to mitigate potential view obstruction resulting from the proposed structure.
      8. Extraordinary circumstances are demonstrated and the public interest will be served by the proposed use or development.
    5. Where permitted above ground, power poles and transmission towers are not subject to height limits but shall not be higher than necessary to address public safety and meet federal and state standards.
    6. The following types of development are not subject to side yard setbacks, provided that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes, and provided further that they comply with all applicable regulations in KCC 17B.05.020 Environmental protection and critical areas and KCC 17B.05.050 Shoreline buffers and vegetation conservation:
      1. Those portions of approved water-dependent development that require a location waterward of the OHWM of rivers and lakes, associated wetlands and/or within their associated buffers.
      2. Underground utilities.
      3. Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with this Program, provided that the Administrator determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional standards to the maximum extent feasible, and the modification is in conformance with the provisions of KCC 17B.07.020(3) Prior development and KCC 17B.07.020(4) Non-conformance.
      4. Roads, railways and other essential public facilities that must cross shorelines and are necessary to access approved water-dependent development.
      5. Stairs and walkways not greater than five (5) feet in width or eighteen (18) inches in height above grade, except for railings.
      6. An essential public facility or public utility where the Administrator determines that no feasible alternative location will accommodate the use.
      7. Shared moorages shall not be subject to side yard setbacks when located on or adjacent to a property line shared in common by the project proponents.
    7. Common line shoreline buffer: To ensure new single-family dwellings have similar, though not necessarily equivalent, shoreline views as existing development, a common line shoreline buffer – determined by averaging the buffers for each of the adjacent residential dwelling units on the shoreline – may be utilized for the development of a single-family dwelling where:
      1. The lot was a legal lot of record in place on the date of adoption of this Program;
      2. The lot is located adjacent to existing residential dwelling units on both adjacent shoreline lots;
      3. The lot is located within an urban growth area, planned unit development, Limited Area of More Intense Rural Development (LAMIRD), rural recreation zoning district, or cluster development;
      4. There is less than fifteen (15) feet of elevation difference between the vacant lot and adjacent lots and less than two hundred fifty (250) cubic yards of grade or fill is required to accommodate use of the common line shoreline buffer; and
      5. A management and mitigation plan prepared by a qualified professional shall be submitted and approved which demonstrates no net loss of ecological functions for the site in conformance with KCC 17B.05.020 Environmental protection and critical areas and KCC 17B.05.050 Shoreline buffers and vegetation conservation.
    8. Shoreline buffers shall comply with 17B.05.020 Environmental protection and critical areas and KCC 17B.05.050 Shoreline buffers and vegetation conservation.
    9. Standards which apply to impervious surface area and water quality review are found in KCC 17B.05.060, Water quality, stormwater and nonpoint pollution.
    10. Density for subdivisions, short plats, and multi-family and duplex development shall be calculated based on the total area of the parent parcel including those areas located outside of shoreline jurisdiction. Submerged lands within the boundaries of any waterfront parcel that are located waterward of the OHWM shall not be used in density calculations. The density of that portion of the parent parcel located outside of the shoreline jurisdiction shall be limited to the density permitted by the underlying zoning district.
    11. Lot frontage: Lot frontage standards are provided in the Table at KCC 17B.06.200-1. Lot frontage standards of underlying zoning districts and/or development standards of each jurisdiction may be more restrictive. The most restrictive lot frontage standard shall apply. Lot frontage refers to the minimum lot frontage for any division or exempt parcel transfer, or parcel boundary modification permitted by a local jurisdiction on the shoreline. Lot frontage shall be measured at right angles along a horizontal distance, between the side lot lines, at the most landward point of the OHWM. Lot frontage requirements are measured in feet.
    12. Reduced setbacks: the building setbacks listed in the Table at KCC 17B.06.200-1 may be reduced by twenty-five (25) percent where the applicant demonstrates that:
      1. Compliance with the standard setback significantly interferes with development potential due to the unique size, shape or natural features of the lot;
      2. The design of the project is compatible with other authorized and planned uses within the area; and
      3. The project will not cause adverse impacts to the shoreline environment.

17B.06.200-1 Shoreline Bulk and Dimensional Standards Table
Shoreline Bulk and Dimensional Standards(1)
Urban Conservancy Shoreline Residential Rural Conservancy Natural Aquatic
Shoreline Buffer(2) 100’ 100’ 100’ 150’ N/A
Building Setback (measured from edge of shoreline buffer) (3) 15’ 15’ 15’ 15’ N/A
Height 35’ 35’ 35’ 35’ N/A
Maximum Impervious Surface Coverage N/A N/A 10% N/A N/A
Lot Frontage 60’ 60’ 300’ 300’ N/A
Other (density, etc.) Governed by underlying zone

Notes to Shoreline Bulk and Dimensional Standards Table:

  1. Where the standards of this table conflict with the standards of the underlying zone, the standard that is most protective of shoreline ecological function shall apply.
  2. Unless common line shoreline buffer provisions of KCC 17B.06.200(B)(7) are met.
  3. Unless reduced setback provisions of KCC 17B.06.200(B)(12) are met.

(Ord. 2016-006, 2016)


Chapter 17B.07
ADMINISTRATION AND PROCEDURES

Sections
17B.07.010 Purpose.
17B.07.020 Applicability.
17B.07.030 Permit Exemptions.
17B.07.040 Types of permits.
17B.07.050 Review authority.
17B.07.060 Review criteria.
17B.07.070 Review procedures.
17B.07.080 Appeals.
17B.07.090 Timing.
17B.07.100 Revisions.
17B.07.110 Liberal construction.
17B.07.120 Enforcement.
17B.07.130 Amendments to SMP.

17B.07.010 Purpose.
The purpose of this Shoreline Management Program is to provide for the administration and management of uses and development within the shoreline jurisdiction in a manner consistent with RCW 90.58, the Shoreline Management Act, and other rules and guidelines adopted by the Washington State Department of Ecology. (Ord. 2016-006, 2016)

17B.07.020 Applicability.

  1. Generally. Except when specifically exempted by statute, all proposed uses and development occurring within shoreline jurisdiction must conform to RCW Chapter 90.58, the Shoreline Management Act, and this master program. No substantial development shall be undertaken on shorelines of the state without first obtaining a permit. See also KCC 17B.01.070 Applicability.
  2. Agricultural activities on agricultural lands. Nothing in this title shall require modification of or limit agricultural activities occurring on agricultural lands. However, new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and development not meeting the definition of agricultural activities are subject to the provisions of this title.
  3. Prior development. The provisions of WAC 173-27-070 shall apply to substantial development undertaken prior to the effective date of the Act.
  4. Nonconformance.
    1. Applicability.
      1. The following provisions apply to lots, structures and uses lawfully established prior to the effective date of this master program, or amendments thereto, which do not conform to the current regulations or standards of this program.
      2. The following provisions do not apply to lots, structures or uses that were unlawfully established.
    2. Nonconforming lots.
      1. An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of this master program but which does not conform to the present lot size standards may be developed as permitted by the land use regulations of the local government so long as such development conforms to all other requirements of the applicable master program and the Act.
    3. Nonconforming structures.
      1. Nonconforming structures may be maintained, repaired, renovated, and remodeled, provided such activity does not enlarge or expand the structure.
      2. Nonconforming structures may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction would not be allowed for new development.
      3. Enlarging or expanding a nonconforming non-residential structure in a manner that increases the extent of nonconformity requires a variance.
      4. Enlarging or expanding nonconforming residential structures used for a conforming use in a manner that increases the extent of nonconformity may be allowed if the change is consistent with the provisions of this Program and demonstrates no net loss of shoreline ecological functions.
      5. Nonconforming single-family residences may increase their height within the existing structural footprint up to maximum of thirty-five (35) feet without requiring a variance.
      6. A nonconforming structure which is moved any distance must be brought into conformance with this Program and the Act.
      7. Damaged nonconforming structures outside frequently flooded areas may be reconstructed to those configurations existing immediately prior to the time the development was damaged. Reconstruction of nonconforming development located in frequently flooded areas shall comply with reconstruction regulations contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter 14.08– December 2014).
    4. Nonconforming uses.
      1. Nonconforming uses may be continued consistent with their lawfully established scale and range of uses.
      2. A structure which is being or has been used for a nonconforming use may be used for a different nonconforming use only upon the approval of a conditional use permit. In addition to the conditional use permit criteria of KCC 17B.07.060(3), a conditional use permit for a change in a nonconforming use may be approved only upon a finding that:
        1. No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property;
        2. The proposed use will be at least as consistent with the policies and provisions of the Act and this Program and as compatible with the uses in the area as the pre-existing use;
        3. The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose;
        4. The structure(s) associated with the nonconforming use shall not be expanded in a manner that increases the extent of the non-conformity, including encroachment into areas such as setbacks, and any critical areas and/or associated buffers where new structures, use, or development would not be allowed;
        5. The shoreline buffer and vegetation conservation standards of this Program are met (see KCC 17B.05.050);
        6. The change in use, remodel, or expansion will not create adverse impacts to shoreline ecological functions and/or processes;
        7. Uses which are specifically prohibited or which would thwart the intent of the Act or this Program shall not be authorized; and
        8. Conditions necessary to assure that the use will not become a nuisance or a hazard have been attached to the permit.
    5. Redevelopment of nonconforming rights-of-way and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided, that such redevelopment shall be otherwise consistent with the provisions of this Program, including, but not limited to, the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in KCC 17B.07.030 of this chapter.
    6. If a nonagricultural nonconforming use is discontinued for twelve (12) consecutive months or for twelve (12) months during any two-(2)-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.

(Ord. 2016-006, 2016)

17B.07.030 Permit Exemptions.

  1. General provisions.
    1. Only those uses and developments that meet the precise terms of one (1) or more of the listed exemptions may be granted exemption from the substantial development permit process.
    2. An exemption from the substantial development permit process is not an exemption from compliance with the Act or Master Program or from any other regulatory requirements.
    3. The burden of proof that a development or use is exempt from the permit process is on the applicant.
    4. If any part of a proposed use or development is not eligible for exemption, then a substantial development permit is required for the entire proposal.
    5. Conditions may be attached to the approval of exempted uses or developments as necessary to assure consistency of the project with the Act and the Master Program.
  2. Developments exempt from shoreline substantial development permitting process.
    Subject to the general provisions above, exempt activities include those set forth in WAC 173-27-040(2) and RCW 90.58.030, as amended:
    1. Any use or development of which the total cost or fair market value, whichever is higher, does not exceed six thousand four hundred sixteen dollars ($6,416), if such use or development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection will be adjusted for inflation by the office of financial management every five (5) years, according to WAC 173-27-040(2)(a). For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials.
    2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition including, but not limited to, its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment.
    3. Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the OHWM for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one (1) cubic yard of fill per one (1) foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an OHWM has been established by the presence and action of water landward of the bulkhead, then the replacement bulkhead must be located at or near the actual OHWM. Bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington State Department of Fish and Wildlife.
    4. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent the emergency, obtained, pursuant to RCW Chapter 90.58 and this Master Program. All emergency construction shall be consistent with the policies of RCW Chapter 90.58 and this Master Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency.
    5. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including, but not limited to, head gates, pumping facilities, and irrigation channels. Provided that a feedlot of any size; all processing plants; other activities of a commercial nature; alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation; shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. See definition of "feedlot" at KCC 17B.02.235.
    6. Construction or modification of navigational aids such as channel markers and anchor buoys.
    7. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of thirty-five (35) feet above average grade level and which meets all requirements of the County, other than requirements imposed pursuant to RCW Chapter 90.58. "Single-family residence" means a detached dwelling designed for and occupied by one (1) family including those structures and developments within a contiguous ownership which are a normal appurtenance. An "appurtenance" is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the OHWM and the perimeter of a wetland. Normal appurtenances include a garage, deck, driveway, utilities, fences, installation of a septic tank and drainfield, and grading which does not exceed two hundred fifty (250) cubic yards and which does not involve placement of fill in any wetland or waterward of the OHWM. Construction authorized under this exemption shall be located landward of the OHWM.
    8. Construction of a dock, including a community dock, designed for pleasure craft only for the private non-commercial use of the owner, lessee, or contract purchaser of single-family and multi-family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if the fair market value of the dock does not exceed ten thousand dollars ($10,000); but if subsequent construction having a fair market value exceeding two thousand five hundred dollars ($2,500) occurs within five (5) years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter.
    9. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters including return flow and artificially stored groundwater from the irrigation of lands.
    10. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water.
    11. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system.
    12. Any project with a certification from the governor pursuant to RCW Chapter 80.50.
    13. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under WAC 173-27-040(2), when all of the following conditions are met:
      1. The activity does not interfere with the normal public use of the surface waters;
      2. The activity will have no significant adverse impact on the environment including, but not limited to, fish; wildlife; fish or wildlife habitat; water quality; and aesthetic values;
      3. The activity does not involve the installation of any structure, and upon completion of the activity, the vegetation and land configuration of the site are restored to conditions existing before the activity; and
      4. A private entity seeking development authorization under this Section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions.
    14. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Washington State Department of Agriculture or the Washington State Department of Ecology jointly with other state agencies under RCW Chapter 43.21C; recommended under RCW Chapter 43.21C.
    15. Watershed restoration projects as defined herein. The County shall review the projects for consistency with the Shoreline Master Program in an expeditious manner and shall issue its decision along with any conditions within forty-five (45) days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this Section.
      1. "Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities:
        1. A project that involves less than ten (10) miles of stream reach, in which less than twenty-five (25) cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings;
        2. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
        3. A project primarily designed to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state; provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than two hundred (200) square feet in floor area and is located above the OHWM of the stream.
      2. "Watershed restoration plan" means a plan, developed or sponsored by the Washington State Departments of Fish and Wildlife, Ecology, Natural Resources, and Transportation (WSDOT); a federally recognized Indian tribe acting within and pursuant to its authority; a city; a county; or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to RCW Chapter 43.21C, the state Environmental Policy Act.
    16. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply:
      1. The project has been approved in writing by the Washington State Department of Fish and Wildlife;
      2. The project has received hydraulic project approval by the Washington State Department of Fish and Wildlife pursuant to RCW Chapter 77.55; and
      3. The County determines that the project is substantially consistent with the Shoreline Master Program. The County shall make such determination in a timely manner and provide it by letter to the project proponent.
      4. Fish habitat enhancement projects that conform to the provisions of RCW 77.55.181 are determined to be consistent with local shoreline Master Programs, as follows:
        1. In order to receive the permit review and approval process created in this Section, a fish habitat enhancement project must meet the criteria under p.iv(a)(1) and (2) in this subsection:
          1. A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:
            1. Elimination of human-made fish passage barriers, including culvert repair and replacement;
            2. Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or
            3. Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks. The Washington State Department of Fish and Wildlife shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this Section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this Section if the Washington State Department of Ecology determines that the scale of the project raises concerns regarding public health and safety; and
          2. A fish habitat enhancement project must be approved in one of the following ways:
            1. By the Washington State Department of Fish and Wildlife pursuant to RCW Chapter 77.95 or 77.100;
            2. By the sponsor of a watershed restoration plan as provided in RCW Chapter 89.08;
            3. By the Washington State Department of Ecology as a WDFW-sponsored fish habitat enhancement or restoration project;
            4. Through the review and approval process for the Jobs for the Environment Program;
            5. Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the Conservation Commission through interagency agreement with the U. S. Fish and Wildlife Service and the Natural Resource Conservation Service;
            6. Through a formal grant program established by the Legislature or the Washington State Department of Fish and Wildlife for fish habitat enhancement or restoration; and
            7. Through other formal review and approval processes established by the Legislature.
        2. Fish habitat enhancement projects meeting the criteria of p.iv(a) of this subsection are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of p.iv(a) of this subsection and being reviewed and approved according to the provisions of this Section are not subject to the requirements of RCW 43.21C.030 (2)(c).
        3. A hydraulic project approval (HPA) permit is required for projects that meet the criteria of p.iv(a) of this subsection and are being reviewed and approved under this Section. An applicant shall use a joint aquatic resource permit (JARPA) application form developed by the Office of Regulatory Assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the Washington State Department of Fish and Wildlife and to each appropriate local government agency. Local governments shall accept the application as notice of the proposed project. The Washington State Department of Fish and Wildlife shall provide a fifteen-(15)-day comment period during which it will receive comments regarding environmental impacts. Within forty-five (45) days, the Washington State Department of Ecology shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this Section is not appropriate for the proposed project. Ecology shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If Ecology determines that the review and approval process created by this Section is not appropriate for the proposed project, Ecology shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes. Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this Section may formally appeal the decision to the Hydraulic Appeals Board pursuant to the provisions of this chapter.
        4. The County may not require permits or charge fees for fish habitat enhancement projects that meet the criteria of p.iv(a) of this subsection and that are reviewed and approved according to the provisions of this Section.
  3. Letter of exemption.
    1. General. A letter of exemption is required for all requests for exemption from a shoreline substantial development permit to ensure the proposal complies with the regulations of this SMP, except for emergency development pursuant to WAC 173-27-040(2)(d) and those uses and developments specifically allowed without a letter of exemption in KCC 17B.05.050(B).
    2. Application. Any person claiming exemption from the substantial development permit requirements shall submit an application for such an exemption in the manner prescribed by the Shoreline Administrator. Applications shall include, at a minimum: a summary of the proposed development project; identification of the specific exemption provisions from WAC 173-27-040 that applies to the proposal; and a description of how the proposal will comply with the applicable policies and regulations of this Shoreline Master Program.
    3. Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed to the applicant and the Washington State Department of Ecology, whenever a proposal is determined to be exempt from the substantial development permit requirements. The letter of exemption must indicate the specific exemption provision from WAC 173-27-040 that is applicable to the proposal and provide a summary of the consistency of the proposal with the regulations of this title.
    4. Watershed restoration projects. This Section applies to a letter of exemption for a watershed restoration project pursuant to WAC 173-27-040 or subject to one or more of the following federal permits: U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 (generally applicable to any project occurring on or over navigable waters); or Section 404 permit under the Federal Water Pollution Control Act of 1972 (generally applicable to any project which may involve discharge of dredge or fill material to any water or wetland area).
      1. The letter of exemption must indicate the specific exemption provision from WAC 173-27-040 that is applicable to the proposal and provide a summary of the consistency of the proposal with the regulations of this SMP.
      2. Watershed restorations projects must be reviewed in an expeditious manner and an exemption decision, together with any conditions, must be issued within forty-five (45) days of receiving all materials necessary to review the request for exemption. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this Section.
  4. Programmatic statements of exemption.
    1. Applicability. Programmatic statements of exemption may be issued for activities exempt under the provisions of KCC 17B.07.030(2) above that:
      1. Are repetitive and part of a maintenance program or other similar program;
      2. Have the same or similar identifiable impacts each time the activity is repeated at all sites covered by the programmatic statement of exemption; and
      3. Are suitable to having standard conditions that will apply to any and all sites.
    2. Conditions. A programmatic statement of exemption shall not be issued until appropriate conditions, if needed, are developed and approved. Conditions shall apply uniformly to each activity authorized and all locations covered by the programmatic statement of exemption. Conditions may include specifications for the frequency, method and contents of periodic status reports.
    3. Revisions. The programmatic statement of exemption may be modified or withdrawn if the Shoreline Administrator determines that:
      1. The programmatic statement of exemption or activities authorized under the statement of exemption no longer comply with law;
      2. The programmatic statement of exemption does not provide adequate regulation of the activity;
      3. The conditions or the manner in which the conditions are implemented are not adequate to protect against the impacts resulting from the activity.
    4. Expiration. Programmatic exemptions shall expire five (5) years after the date of issuance if a shorter expiration period is not specified in the exemption approval.

(Ord. 2016-006, 2016)

17B.07.040 Types of permits.

  1. Substantial development permits: All substantial development undertaken on shorelines of the state requires a permit to ensure consistency with the policies of RCW 90.58.020 and the Master Program.
  2. Variances: The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the applicable Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of the Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. When a use or development is proposed that does not comply with the bulk, dimensional and performance standards of the Master Program, such use or development can only be authorized by approval of a variance.
  3. Conditional uses: The purpose of a conditional use permit is to provide a system within the Master Program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. Uses which are classified or set forth in the applicable Master Program as conditional uses may be authorized with a conditional use permit. Other uses which are not classified or set forth in the applicable Master Program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this Section and the requirements for conditional uses contained in the Master Program. Uses which are specifically prohibited by the Master Program may not be authorized as conditional uses.

(Ord. 2016-006, 2016)

17B.07.050 Review authority.

  1. Administrator: The Administrator or his/her designee shall have the authority to review and approve, deny, or approve with conditions, applications for the following:
    1. Letters of exemption;
    2. Shoreline substantial development permits;
    3. Revisions to substantial development permits; and
    4. Requests for timing extensions.
  2. Hearing Examiner: The Hearing Examiner or his/her designee shall have the authority to review and make initial local County approval, denial, or approval with conditions for the following:
    1. Shoreline conditional use permits; and
    2. Shoreline variances.
  3. Board of County Commissioners: The Board of County Commissioners or their designee shall have the authority to:
    1. Review and approve, deny, or approve with conditions, applications for shoreline substantial development permits that are included in consolidated permit applications that are subject to Board review and action.
    2. Review and make initial local County approval, denial, or approval with conditions for shoreline conditional use permits and shoreline variances that are in consolidated permit applications that are subject to Board review and action.
    3. Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implementation of the Master Program;
    4. Accept grants, contributions, and appropriations from any agency, public or private, or individual for the purposes of the Master Program;
    5. Appoint advisory committees to assist in carrying out the purposes of the Master Program;
    6. Contract for professional or technical services required by the Master Program which cannot be performed by its employees;
    7. Adopt moratoria or other interim official controls necessary to implement SMP, in accordance with RCW 90.58.590 as amended; and
    8. Take other actions as deemed appropriate.
  4. Washington State Department of Ecology: The Washington State Department of Ecology shall be responsible for the final approval, denial, or approval with conditions for the following:
    1. Shoreline conditional use permits and revisions to same; and
    2. Shoreline variances and revisions to same.

(Ord. 2016-006, 2016)

17B.07.060 Review criteria.

  1. All development permits. As provided in KCC 17B.06.020, no permit shall be issued for any new or expanded building or structure of more than thirty-five (35) feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines unless overriding considerations of the public interest will be served.
  2. Substantial development permits. A substantial development permit shall be granted only when the applicant demonstrates all of the following:
    1. That the proposal is consistent with the policies and procedures in RCW Chapter 90.58 and WAC Chapter 173-27;
    2. That the proposal is consistent with the policies and procedures of the Master Program; and
    3. That the proposal has been appropriately conditioned where necessary to assure consistency of the project with the Act and the local Master Program.
  3. Conditional use permits. Uses which are classified are set forth in the Table at KCC 17B.04.090-1 as conditional uses, or unclassified uses not specifically prohibited, may be authorized as a conditional use provided that the applicant demonstrates all of the following:
    1. That the proposed use is consistent with the policies of RCW 90.58.020 and the Master Program;
    2. That the proposed use will not interfere with the normal public use of public shorelines;
    3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP;
    4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;
    5. That the public interest suffers no substantial detrimental effect;
    6. That if conditional use permits were granted for other developments in the area where similar circumstances exist, the cumulative impact of such uses would remain consistent with the policies of RCW 90.58.020 and not produce substantial adverse effects to the shoreline environment.
    7. That the proposed use has been appropriately conditioned to prevent undesirable effects of the proposed use and to assure consistency of the project with the Act and the local Master Program.
    8. When converting from one nonconforming use to a different nonconforming use, the applicant must demonstrate that no reasonable alternative conforming use is practical and that the proposed use will be at least as consistent with the policies and provisions of the Act and the Master Program and as compatible with the uses in the area as the pre-existing use.
  4. Variance.
    1. General provisions. Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. Variances from the use regulations of the Master Program are prohibited.
    2. Review criteria for all variances. Variance permits for uses and/or development that will be located landward of the OHWM and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following:
      1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable Master Program precludes, or significantly interferes with, reasonable use of the property;
      2. That the hardship is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the Master Program, and not, for example, from deed restrictions or the applicant's own actions;
      3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP and will not cause adverse impacts to the shoreline environment;
      4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area;
      5. That the variance requested is the minimum necessary to afford relief;
      6. That the public interest will suffer no substantial detrimental effect; and
      7. That the cumulative impact of additional requests for variances in the area where similar circumstances exist would not produce substantial adverse effects to the shoreline environment.
    3. Additional review criteria for variances waterward of the OHWM. In addition to the criteria established under KCC 17B.07.060(4)(b) above, applicants for variance permits for uses and/or development that will be located waterward of the OHWM must also demonstrate:
      1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable Master Program precludes all reasonable use of the property; and
      2. That the public rights of navigation and use of the shorelines will not be adversely affected.

(Ord. 2016-006, 2016)

17B.07.070 Review procedures.

  1. Generally. The general procedural requirements of the County shall apply to shoreline permits except where this chapter is more restrictive or specific, in which case the provision of this chapter shall apply.
  2. Complete application. The Administrator shall issue a determination of completeness, upon finding that the following required information has been submitted with an application for a substantial development, conditional use, or variance permit:
    1. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include:
      1. The boundary of the parcel(s) of land upon which the use or development is proposed;
      2. The OHWM of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any use or development where a determination of consistency with the applicable regulations requires a precise location of the OHWM, the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the OHWM is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest OHWM of a shoreline;
      3. Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the use or development. Areas within the boundary that will not be altered by the use or development may be indicated as such and contours approximated for that area;
      4. A delineation of all wetland areas that will be altered or used as a part of the proposal;
      5. A general indication of the character of vegetation found on the site;
      6. The dimensions and locations of all existing and proposed structures and improvements including, but not limited to: buildings, paved or graveled areas; roads; utilities; septic tanks and drainfields; material stockpiles or surcharge; and stormwater management facilities;
      7. Where applicable, scaled elevation drawings of all proposed structures including location of the OWHM;
      8. Where applicable, a landscaping plan for the project;
      9. Where applicable, plans for use and development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this Section;
      10. Quantity, source, and composition of any fill material that is placed on the site whether temporary or permanent;
      11. Quantity, composition, and destination of any excavated or dredged material;
      12. A vicinity map showing the relationship of the property and proposed use or development to roads, utilities, and existing uses and developments on adjacent properties;
      13. Where applicable, a depiction of the impacts to views from existing residential uses and public areas; and
      14. On all Variance Permit applications the plans shall clearly indicate where use and/or development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses.
  3. Concurrent submittals. When a substantial development permit and a conditional use or variance permit are required for a proposal, the submittal on the permits shall be made concurrently.
  4. Notice.
    1. Required. The Administrator shall notify the public, the Washington State Department of Ecology, the Yakama Nation, other agencies with jurisdiction as well as individuals and organizations that have requested notice in writing of applications for a shoreline management substantial development, conditional use, or variance permit.
    2. Timing. Notice of application shall be provided within fourteen (14) days after the determination of completeness.
    3. When an open record hearing is required. If an open record pre-decision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen (15) days prior to the open record hearing.
    4. Contents. The notice shall include:
      1. The date of application; the date of the notice of completion for the application; and the date of the notice of application;
      2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested;
      3. The identification of other permits not included in the application to the extent known by the local government;
      4. The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a land use bulletin, the location where the application and any studies can be reviewed;
      5. A statement of the public comment period, which shall be not less than thirty (30) days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record pre-decision hearing, if any, or, if no open record pre-decision hearing is provided, prior to the decision on the project permit;
      6. The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
      7. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency; and
      8. Any other information determined appropriate by the local government.
    5. Method. The notification system shall assure that notice to the general public and property owners in the vicinity of such application is given by at least one of the following methods:
      1. Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least five hundred (500) feet of the boundary of the property upon which the use or development is proposed; or
      2. Posting of the notice in a conspicuous manner on the property upon which the project is to be undertaken.
  5. Review and decision. The appropriate review authority identified in KCC 17B.07.050 shall review applications for compliance with review criteria in KCC 17B.07.060 and either approve, deny, or approve with conditions. In the case of shoreline conditional use and variance permits, the decision shall serve as a recommendation to the Washington State Department of Ecology, which is responsible for the final decision on shoreline conditional use permits and variances.
  6. Submittal to the Washington State Department of Ecology:
    1. Required submittal. All applications for a permit or a permit revision shall be submitted to the Washington State Department of Ecology upon a final decision by local government, pursuant to WAC 173-27-130.
    2. Modified project. When the project has been modified in the course of the review proceeding, plans or text shall be provided to the local government that clearly indicate the final approved plan, and the local government shall reissue the permit accordingly and submit a copy of the reissued permit and supporting documents consistent with KCC 17B.07.070(6) to the Washington State Department of Ecology for completion of the file on the permit. The purpose of this provision is to assure that the local and Ecology files on the permit are complete and accurate and not to provide a new opportunity for appeal of the permit.
    3. Conditional use permits and variances. Shoreline Conditional Use Permits and Variances shall be transmitted to the Washington State Department of Ecology for final approval, denial, or approval with conditions.

(Ord. 2016-006, 2016)

17B.07.080 Appeals.
Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state may seek review from the shorelines hearings board by filing a petition for review within twenty-one (21) days of the date of filing of the decision, pursuant to RCW 90.58.180. (Ord. 2016-006, 2016)

17B.07.090 Timing.

  1. Applicability. The time requirements of this Section shall apply to all Substantial Development Permits and to any development authorized pursuant to a Variance or Conditional Use Permit.
  2. Effective date. The effective date of a Substantial Development Permit shall be the date of filing as provided in RCW 90.58.140(6).
  3. Commencement. Construction activities associated with a shoreline permit are not authorized and shall not begin until twenty-one (21) days from the date of filing or until all review proceedings initiated within twenty-one (21) days from the date of such filing have been terminated. Construction activities, or the use or activity where no construction activities are involved, shall be commenced within two (2) years of the effective date of a Substantial Development Permit.
  4. Expiration. Authorization to conduct development activities shall terminate five (5) years after the effective date of a shoreline permit, unless extended in accordance with the provisions below.
  5. Extension. The Administrator may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the shoreline permit and to the Washington State Department of Ecology.
  6. Exclusions. The time periods in this Section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the proposal, including all reasonably related administrative or legal actions on any such permits or approvals.
  7. Flexibility. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and consistent with the policy and provisions of the master program and RCW 90.58, the County may adopt different time limits from those set forth in this subsection as part of action on a Substantial Development Permit.

(Ord. 2016-006, 2016)

17B.07.100 Revisions.

  1. Applicability.
    1. Substantive changes. A permit revision is required whenever the applicant proposes substantive changes to the design, terms, or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, the Master Program and/or the policies and provisions of the Shoreline Management Act (RCW 90.58). Changes which are not substantive in effect do not require approval of a revision.
    2. Substantial development. If the proposed change, or the sum of the proposed revisions and any previously approved revisions, constitutes substantial development then the applicant is not eligible for the revision process and shall be required to apply for a new permit.
  2. Submittal requirements. An applicant seeking to revise a permit shall submit detailed plans and text describing the proposed changes to the Administrator.
  3. Review criteria and findings. The Administrator may approve a revision when the proposed changes are within the scope and intent of the original permit, and are consistent with the applicable Master Program and the Act. At a minimum, Administrator must find:
    1. No additional over-water construction is involved except that pier, dock, or float construction may be increased by five hundred (500) square feet or ten percent (10%) from the provisions of the original permit, whichever is less;
    2. Ground area coverage and height may be increased a maximum of ten percent (10%) from the provisions of the original permit;
    3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable Master Program except as authorized under a variance granted as the original permit or a part thereof;
    4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable Master Program;
    5. The use authorized pursuant to the original permit is not changed; and
    6. No adverse environmental impact will be caused by the project revision
  4. Timing and limitations. Revisions to permits may be authorized after original permit authorization has expired. However, such revisions shall be limited to authorization of changes which are consistent with this Section and which would not require a shoreline permit for the development or change. This subsection shall not be used to extend the time requirements or to authorize substantial development beyond the time limits of the original permit.
  5. Notice. Notice of the revision approval shall be given to parties of record on the original permit and to the Washington State Department of Ecology.
  6. Effective date. The revised permit is effective immediately upon final decision by the Administrator or, when appropriate, upon final action by the Washington State Department of Ecology.
  7. Appeals.
    1. Timing. Appeals shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one (21) days from the date of receipt of the local government's action on a substantial development permit revision by the Washington State Department of Ecology or, for revisions to conditional use permits or variances, the date Ecology's final decision is transmitted to local government and the applicant.
    2. Grounds. Appeals shall be based only upon contentions of noncompliance with the provisions of WAC 173-27-100.
    3. Construction during appeal period. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline.
    4. Impact of appeal on original permit. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit.

(Ord. 2016-006, 2016)

17B.07.110 Liberal construction.
As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction. The Act and this Program shall be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Program were enacted and adopted, respectively. (Ord. 2016-006, 2016)

17B.07.120 Enforcement.
Chapter 173-27 WAC contains enforcement regulations, including authority for the County to issue regulatory orders to enforce the SMA and the SMP. Upon a determination that there has been a violation of any provision of the County’s shoreline regulations, the County may pursue code enforcement and penalties in accordance with the provisions of KCC Title 18, Code Enforcement. (Ord. 2016-006, 2016)

17B.07.130 Amendments to SMP.

  1. Applicability. This Section applies to comprehensive Shoreline Master Program updates as well as limited SMP amendments that may be necessary from time to time to comply with state and federal laws and implementing rules, address newly annexed shorelines, improve consistency with the Act’s goals and policies, or correct errors or omissions. All Master Program amendments shall be processed pursuant to the procedural requirements of WAC 173-26-010 through 173-26-160 and RCW 90.58.090.
  2. Initiation of amendments.
    1. By elected or appointed officials. The Board of County Commissioners or Planning Commission may initiate an amendment to this Program according to the procedures prescribed in WAC 173-26-100.
    2. By the public. Any person may petition the Board of County Commissioners or Planning Commission to amend this Program. Petitions shall specify the changes requested and any and all reasons therefore. The Board of County Commissioners or Planning Commission may schedule a public hearing on said petition(s) if it deems the proposed amendment would make this Program more consistent with the Act or more equitable in its application to persons or property due to changed conditions in an area.
    3. As the result of annual review. The Administrator shall submit an annual report reviewing the effectiveness of the Program in achieving its stated purpose, goals, and objectives as well as any proposed amendments deemed necessary to increase its effectiveness or equity. If said report contains proposed amendments, the Board of County Commissioners may schedule a public hearing to consider such matter.
  3. Notice. Notice of a public hearing shall be published in one or more newspapers of general circulation in the area in which the hearing is to be held. The notice shall include: a reference to the authority under which the action is proposed; a statement or summary of the proposed changes to the Master Program; the date, time and location of the hearing; the manner in which interested persons may present their views; and reference to the availability of the draft proposal for public inspection at the Kittitas County Community Development Department.
  4. Consultations.
    1. The local government shall consult with and solicit the comments of any persons, groups, federal, state, regional, or local agency, and tribes having interests or responsibilities relating to the shorelines or any special expertise with respect to any environmental impact.
    2. Adjacent local governments with jurisdiction over common shorelines of that state shall be included in the consultation process.
    3. The local government shall solicit comments on the draft proposal from the Washington State Departments of Ecology and Commerce at least sixty (60) days prior to final local approval.
  5. Coordination. The County shall coordinate with the participating jurisdictions and verify concurrence with or denial of the proposal. The amendments of concurring jurisdictions shall be processed together.
  6. Hearing. The County shall conduct at least one (1) public hearing to consider the draft proposal.
  7. Washington State Department of Ecology Approval. Washington State Department of Ecology approval is required pursuant to RCW 90.58.090.

(Ord. 2016-006, 2016)


Chapter 17B.08
APPENDIX A
Shoreline Environment Designation Maps

The set of shoreline environment designation maps, boundaries, and other corresponding information in Appendix A of the Kittitas County Shoreline Master Program, approved by the Washington State Department of Ecology with an effective date of March 7, 2016, have been incorporated into the Kittitas County Geographic Information System (GIS) Spatial Database Engine (SDE) as a dataset designated as Shoreline Environment Designations. The GIS Shoreline Environment Designations shall be the County’s Official Shoreline Environment Designation Map. This map is utilizes parcel data in effect on March 7, 2016. The Shoreline Environment Designations shall be integrated into Kittitas County’s web based mapping system for viewing by the general public and be made available either digitally or physically by staff at the Community Development Services Department for those without computer/internet access. (Ord. 2016-006, 2016)


Chapter 17B.09
APPENDIX B
Shoreline Environment Designation Descriptions

Department of Ecology SMP Guidelines (WAC 173-26-221)(2)(b)) requires master programs to contain an up-to-date and accurate map of the shoreline area delineating the environment designations and their boundaries. These maps are included in Appendix to this SMP. This SMP also includes "common boundary descriptions" to accurately define and distinguish the boundaries of the environments on the ground. The table below provides these common boundary descriptions.

In the event of a mapping error, Kittitas County will rely upon these common boundary descriptions and the criteria contained in Chapter 4 of this SMP, rather than the incorrect or outdated map.

SR=Shoreline Residential
UC=Urban Conservancy
RC=Rural Conservancy
N=Natural

Waterbody (Streams) Environment Designation Reach Description
Bear Creek RC From the creek’s confluence with the Little Naches River to 0.55 miles upstream
Big Creek RC From the creek’s confluence with the Yakima River to the west parcel line of parcel 20469, with the exception of the left bank area between Nelson Siding Rd and I-90 (see below)
SR The left bank area between Nelson Siding Rd and I-90, including parcel 913736, 409134, and parcel 516136 north to parcel 900434
N From the west parcel line of parcel 20469 to the west parcel line of parcel 305237
RC From the west parcel line of parcel 305237 to approximately 2.8 miles upstream
Box Canyon Creek RC From the creek’s outlet at Kachess Lake upstream to the boundary of the Alpine Lakes Wilderness Area
N From the Alpine Lakes Wilderness Area boundary to approximately 1.3 miles upstream
Cabin Creek RC From the creek’s confluence with the Yakima River to 9.05 miles upstream
Cherry Creek RC From the creek’s confluence with Wilson Creek upstream to the creek’s confluence with Parke Creek
Chief Creek N From the creek’s confluence with the Waptus River to 0.83 mile upstream
Cle Elum River RC From the river’s confluence with the Yakima River upstream to I-90
UC All areas within Cle Elum’s UGA
N From the Cle Elum city limits upstream to the western parcel line of parcel 542534
RC From the western parcel line of parcel 542534 upstream to the outlet of Lake Cle Elum
Coal Creek RC From the creek’s outlet in Keechelus Lake to 1.69 miles upstream
Cold Creek RC From the creek’s outlet in Keechelus Lake to 1.95 miles upstream
Columbia River RC From the Kittitas-Yakima county line north to the north end of the I-90 right-of-way parcel.
N Island within parcel 331333
UC From the north end of the I-90 right-of-way parcel upstream to the north parcel line of parcel 940933
SR Vantage. From parcel 600933 north to parcel 880933
RC From the north parcel line of parcel 880933 north to approximately 0.16 miles north of the southeast corner of parcel 830933
N From approximately 0.16 miles north of the southeast corner of parcel 830933 north to the south parcel line of parcel 885234
RC From the south parcel line of parcel 885234 north to the north corner of parcel 745234
N From the north corner of parcel 745234 north to the Kittitas-Douglas county line
Cooper River RC From the river’s confluence with the Cle Elum River upstream to the outlet of Cooper Lake, with the exception of parcel 052736 north to parcel 322736
SR Parcel 052736 north to parcel 322736
RC From the river’s inlet into Cooper Lake upstream to, and including, parcels 029035 and 478835
N From upstream of parcels 029035 and 475535 upstream to the river’s confluence with Lemah Creek
Delate Creek N From the creek’s confluence with the Cooper River upstream to the outlet of Spectacle Lake
Fortune Creek RC From the creek’s confluence with the Cle Elum River to 3.56 miles upstream
French Cabin Creek RC From the creek’s outlet into Lake Cle Elum to 2.87 miles upstream
Gale Creek RC From the creek’s outlet into Kachess Lake to 2.67 upstream
Goat Creek N From the creek’s confluence with the Waptus River to 1.26 miles upstream
Gold Creek RC From the creek’s outlet into Keechelus Lake upstream to the west parcel line of parcel 138135 and the west and south parcel lines of parcel 44337
Gold Creek RC From the creek’s outlet into Keechelus Lake upstream to the west parcel line of parcel 138135 and the west and south parcel lines of parcel 44337
N From the west parcel line of parcel 138135 and the west and south parcel lines of parcel 44337 to upstream approximately 4.6 miles, excluding parcels 453337 and 328235
RC Parcel 453337
SR Parcel 328235
Kachess River RC From the river’s outlet into Lake Easton upstream to the river’s inlet from Kachess Lake, with the parcels along Kachess River Rd (parcel 142136 northwest to parcel 112136
SR The parcels along Kachess River Rd (parcel 142136 northwest to parcel 112136
RC From the river’s outlet into Kachess Lake upstream to the Mineral Creek confluence
Lemah Creek N From the creek’s confluence with the Cooper River upstream to the creeks inlet at Pete Lake
N From the creek’s outlet into Pete Lake to approximately 1.0 mile upstream
Lemah Creek UT N From the creek’s confluence with the mainstem Lemah Creek to approximately 1.5 miles upstream
Little Creek SR From the creek’s confluence with the Yakima River upstream to the north side of the I-90 right-of-way parcel.
RC From the north side of the I-90 right-of-way parcel upstream approximately 0.7 miles from the north parcel line of parcel 185434
N From approximately 0.7 miles upstream of the north parcel line of parcel 185434 to approximately 3.3 miles upstream
Little Nachess River RC From the Kittitas-Yakima county line upstream to the river’s confluence with its north fork
Log Creek RC From the creek’s confluence with the Cabin Creek to 3.13 miles upstream
Manastash Creek RC From the creek’s confluence with the Yakima River upstream to its confluence with the South Fork
Meadow Creek RC From the creek’s outlet into Keechelus Lake to 3.39 miles upstream
Middle Fork Little Naches River RC From the river’s confluence with the North Fork Little Naches River to 0.27 miles upstream
Middle Fork Teanaway River RC From the river’s confluence with the mainstem to 12.45 miles upstream, excluding the parcels from parcel 207335 west to parcel 567335
SR From parcel 207335 west to parcel 567335
Mineral Creek N From the creek’s confluence with the Kachess River to 2.06 miles upstream
Naneum Creek RC From the creek’s confluence with Wilson Creek to 25.26 miles upstream
North Fork Little Naches River RC From the river’s confluence with the mainstem to 5.41 miles upstream
North Fork Taneum Creek RC From the creek’s confluence with the mainstem to 9.77 miles upstream
North Fork Teanaway River RC From the river’s confluence with the mainstem to 8.58 miles upstream
North Fork Teanaway River UT RC From the river’s confluence with the north fork to 7.68 miles upstream
Parke Creek RC From the creek’s confluence with Cherry Creek to 1.0 miles upstream
Quartz Creek RC From the creek’s confluence with the Little Naches River to 0.83 mile upstream
Roaring Creek RC From the creek’s outlet into Keechelus Lake upstream to the west parcel line of parcel 625835
SR From the west parcel line of parcel 625835 upstream to the east parcel line of parcel 625835
RC From the east parcel line of parcel 625835 upstream to the creek’s inlet at Lost Lake
Scatter Creek RC From the creek’s confluence with the Cle Elum river to 0.54 mile upstream
Shovel Creek N From the creek’s confluence with the Waptus River upstream to the creek’s inlet at Shovel Lake
N From the creek’s outlet at Shovel Lake to approximately 1.0 mile upstream
Silver Creek RC From the creek’s confluence with the Yakima River to 0.75 mile upstream
South Fork Manastash Creek RC From the creek’s confluence with the mainstem to 13.36 miles upstream
South Fork Taneum Creek RC From the creek’s confluence with the mainstem to 5.95 miles upstream
Spade Creek N From the creek’s confluence with the Waptus River to 1.08 miles upstream
Spinola Creek N From the creek’s confluence with the Waptus River to 3.98 miles upstream
Stafford Creek RC From the creek’s confluence with the North Fork Teanaway River to 2.70 miles upstream
Swauk Creek RC From the creek’s confluence with the Yakima River to 16.81 miles upstream
Taneum Creek RC From the creek’s confluence with the Yakima River upstream to the west parcel lines of parcels 407634 and 956644
N From the west parcel lines of parcels 407634 and 956644 upstream to the west parcel line of parcel 523633
RC From the west parcel line of parcel 523633 upstream to the creek’s confluence with its north and south forks
Teanaway River RC From the river’s confluence with the Yakima River to the river’s confluence with its west and middle forks, excluding the parcels along Teanaway Acres Rd (parcel 805235 northeast to parcel 095235)
SR The parcels along Teanaway Acres Rd (parcel 805235 northeast to parcel 095235)
Thorp Creek N From the creek’s confluence with the Cle Elum River to 2.20 miles upstream
Trail Creek N From the creek’s confluence with the Waptus Creek to 1.84 miles upstream
Waptus River N From the river’s confluence with the Cle Elum River upstream to the river’s inlet at Waptus Lake
N From the river’s outlet at Waptus Lake upstream to the river’s confluence with Shovel Creek
West Fork Box Canyon Creek RC From the creek’s confluence with the mainstem to 0.24 mile upstream
West Fork Teanaway River RC From the river’s confluence with the mainstem to approximately 0.2 mile upstream of the southern parcel line of parcel 117235
N From approximately 0.2 mile upstream of the southern parcel line of parcel 117235 to approximately 4.0 miles upstream
Wilson Creek RC From the creek’s confluence with the Yakima River upstream to the creek’s confluence with Naneum Creek
Yakima River RC For all areas within Kittitas County jurisdiction, except for the areas listed below
N From the Kittitas-Yakima county line upstream to the southern parcel line of parcel 494233
N From the southern parcel lines of parcels 583533 and 464233 upstream to, and including, parcels 32033, 630333, and 080333, excluding parcel 564133 north to parcel 844533, the portion of 764533 east of the Yakima River, and parcel 924433 north to parcel 593036
UC All areas within Ellensburg’s UGA
UC All areas within South Cle Elum’s UGA
UC All areas within Cle Elum’s UGA
SR The area along Kiias Elk Trail, from parcel 055334 west to parcel 265334
SR From the north parcel line of parcel 165934 northeast to the west parcel line of parcel 799234
SR The area along Pebble Beach Dr, from parcel 083234 north to parcels 839234 and 289234 (Sun Country Estates subdivision)
SR The Elk Meadows subdivision
SR The Pine Glen subdivision
SR The Sun Island subdivision
Alaska Lake N Entire lake shoreline
Chikamin Lake N Entire lake shoreline
Circle Lake N Entire lake shoreline
Cle Elum Lake RC Entire lake shoreline, except for from parcel 787235 south to parcel 626936
SR From parcel 787235 south to parcel 626936
Cooper Lake RC Entire lake shoreline, except for from parcel 448835 east to parcel 348835
SR From parcel 448835 east to parcel 348835
Deep Lake N Entire lake shoreline
Fiorito Lake RC Entire lake shoreline
Glacier Lake N Entire lake shoreline
Joe Lake N Entire lake shoreline
Kachess Lake RC Entire lake shoreline, except where described below
SR Along Bakers Ln, from parcel 126535 south to parcel 718436
SR Along Summer Park Ct, Via Kachess Rd and, and Mountain View Ln, from parcel 696835 south to parcel 306635
SR From parcel 487136 east to parcel 467136
SR Along Forest Service Rd 4818, from parcel 717436 south to parcel 86835
Keechelus Lake RC Entire lake shoreline
Lake Easton RC Entire lake shoreline
Lake Ivanhoe N Entire lake shoreline
Lake Lillian N Entire lake shoreline
Lake Michael N Entire lake shoreline
Lake Rowena N Entire lake shoreline
Lavender Lake RC Entire lake shoreline, except for from parcel 180134 east to parcel 550334
SR Along Pine Glen Dr, from parcel 180134 east to parcel 550334
Lost Lake RC Entire lake shoreline
Manastash Lake RC Entire lake shoreline
Matoon Lake UC Entire lake shoreline within County jurisdiction
Mirror Lake RC Entire lake shoreline
Pete Lake N Entire lake shoreline
Rachael Lake N Entire lake shoreline
Robin Lake N Entire lake shoreline
Shovel Lake N Entire lake shoreline
Spade Lake N Entire lake shoreline
Spectacle Lake N Entire lake shoreline
Tuck Lake N Entire lake shoreline
Tucquala Lake RC Entire lake shoreline
Unnamed Lake-Gold Creek Reach 01 RC Entire lake shoreline, except where described below
N Parcel 443337
SR Parcel 748335
Unnamed Lake 05-Yakima River Reach 07 RC Entire lake shoreline
Unnamed Pond 04-Yakima River Reach 04 RC Entire pond shoreline
Unnamed Waterbody 01-Yakima River Reach 04 RC Entire waterbody shoreline
Unnamed Waterbody 02-Yakima River Reach 04 RC Entire waterbody shoreline
Unnamed Waterbody 03-Yakima River Reach 04 RC Entire waterbody shoreline
Venus Lake N Entire lake shoreline
Waptus Lake N Entire lake shoreline

(Ord. 2016-006, 2016)


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