HomeMy WebLinkAboutApril Briefing Memo Kimley>>>Horn
MEMORANDUM
To: Chad Bala,Community Development Services Director
Jeremy Jonston, Long Range Planner
From: Kimley-Horn and Associates, Inc.
Date: March 31,2026
Subject:
April 14,2026 —2026 Periodic Update Development Regulations and Critical Areas
Ordinance(CAO)
April Joint Briefing Agenda
We look forward to the opportunity to provide the Kittitas County Planning Commission and Board of County
Commissioners with a briefing on the 2026 Periodic Comprehensive Plan Update.
The briefing will focus on
• Summary of proposed changes to development regulations
• Summary of proposed changes to the Critical Areas Ordinance
After the briefing,County staff and Kimley-Horn consultants will provide a brief introduction to a separate
project that is kicking off in April 2026.The project is called Kittitas County Clean Energy Siting and Permitting
(CESP) intended to review energy uses and impacts in the County. Details about the project will be posted on
the project websitehttps://www.co.kittitas.wa.us/cds/ces aspx
Summary of Proposed Changes
These proposed changes focus on addressing recent changes to state law governing development regulations
for counties and aligning with any changes proposed in the draft Comprehensive Plan.There are four
attachments included in the materials for tonight's briefing that explain the proposed changes.
Attachment A—Development Regulations Staff Report
This document provides an explanation of code changes,state
laws,and reasoning from the consultant, Kimley-Horn.
Attachment B—Title 17 Proposed Changes
The redline changes to Title 17 Zoning.
Attachment C—Critical Areas Ordinance Staff Report
This document provides an explanation of code changes,state
laws,and reasoning from the consultant, Facet.
Attachment D—Title 17A Proposed Changes
The redline changes to Title 17A Critical Areas Ordinance.
kimLey-horn.com2828 Colby Avenue I Suite 200, Everett, WA 98201
MEMORANDUM
To: Chad Bala and Jeremy Johnston
Kittitas County
From: Clay White and Erin O'Kelley, AICP
Kimley-Horn and Associates, Inc.
Date: March 24, 2026
Subject: Proposed Development Regulations for Periodic Update
INTRODUCTION AND PROPOSED CHANGES
Kittitas County (County) contracted Kimley-Horn and Associates, Inc. (Kimley-Horn)to update the
Comprehensive Plan consistent with the Growth Management Act(GMA) requirements in RCW 36.70A.070
and WAC 365-196-610. This memorandum explains the proposed changes to the County's development
regulations based on recent changes to state law and the proposed changes to the County's Comprehensive
Plan.
This memorandum does not include any proposed changes to the Critical Areas Ordinance.
PROPOSED CHANGES TO DEVELOPMENT REGULATIONS
1: Establishing a Process for New Major Industrial Developments....................................................................3
2: Unrelated persons in a household or dwelling unit(RCW 36.01.227) ...........................................................5
3: Family-Day Care Providers (RCW 36.70A.450).............................................................................................5
4: Co-Living Housing (RCW 36.70A.535)...........................................................................................................6
5: Housing for those with handicaps...................................................................................................................7
6: Affordable Housing and Density Bonuses (RCW 36.70A.545) ......................................................................8
7: Emergency Housing (RCW 35.21.683)..........................................................................................................9
8: Retrofits and Fagade Changes for Residential (RCW 36.70A.810).............................................................10
9: Residential Parking Regulations (RCW 36.70A.622)...................................................................................10
10: Siting of Organic Materials (RCW 36.70A.142)..........................................................................................11
11: Adjust Docketing Timelines........................................................................................................................11
Kittitas County Periodic Update— Development Regulations Proposed Changes Report V2.0 Page 1 of 13
STATE REQUIREMENTS
Under the Growth Management Act(GMA), counties in the state of Washington are required to complete a
full review of their entire comprehensive plan and development regulations every ten years. This is referred
to in the GMA as the periodic update. The periodic update includes revisions to the comprehensive plan to
adjust for allocated growth and population projections, revise any applicable land use, transportation, or
capital facilities changes needed to accommodate this growth. During the periodic update it is also required
to make changes to the comprehensive plan and development regulations to address any changes in state
laws that have passed since the jurisdiction's last periodic update or to correspond to changes in land use
policies in the Comprehensive Plan.
Since the County's last periodic update, the State has made significant changes to the GMA impacting
development regulations. The most notable laws being HB 1220 to provide supportive housing types and
accommodate future housing needs by income and HB 1181 which requires all counties and cities to adopt
climate and resilience elements and adopt applicable development regulations.
Kimley-Horn uses resources provided by the Washington State Department of Commerce, including the
Periodic Update Fully-Planning Checklist for counties, to assess gaps in development regulations.
EXISTING CONDITIONS
Kittitas County Code
The Kittitas County Code administers land use, development, and zoning regulations across several
chapters. The most important sections related to the proposed changes addressed in this memo are:
Title 15A Project Permit Application Process
Title 16 Subdivisions
Title 17 Zoning
Ellensburg Interlocal Agreement for Zoning
Kittitas County and the City of Ellensburg have adopted an interlocal agreement to facilitate the orderly
transition of urban services from the County to the City throughout the Urban Growth Area (UGA)and to
coordinate and manage growth and development within the UGA'. This is adopted in 17.11.030 of Kittitas
County code. A lot of the recent changes to state laws related to emergency and supportive housing apply
only to Urban Growth Areas. Ellensburg UGA has the highest population and the highest net developable
acres. Kittitas County plans to adopt the City of Ellensburg's revised changes after they have been adopted
by the City.
Kittitas County Code (KCC) § 17.11.030, City of Ellensburg Urban Growth Area Interlocal Agreements.
Red text is proposed as new text. QI_^k striketh.ough text,s ppeposed to be r ed- fmm existing IaRguage
PROPOSED CHANGES
1: Establishing a Process for New Major Industrial Developments
Establish a new process for the creation of new major industrial developments. These changes are based on
the revised policies in the Comprehensive Plan to promote new economic development opportunities for the
County. It has been proposed to create a new application process for major industrial developments which
would create an MID overlay adopted into the Comprehensive Plan land use and zoning map.
Draft Code
17.12.010 Zones classified.
2. The unincorporated territory of Kittitas County includes the following overlay zones and areas:
Agricultural Study Overlay Zone
Agricultural Production District
Airport Overlay Zoning District
Bowers Field Overlay Zone
Liberty Historic Overlay Zone
Wind Farm Resource Overlay Zone
Wind Farm Resource Overlay Zone- Pre-identified Areas for Siting
Wind Farm Resource Overlay Zone- Swauk Ranch
Major Industrial Development Overlay
Master Planned Resort Overlay
17.38.010 Purpose.
The purpose of this chapter is to establish criteria and procedures for major industrial developments on
properties that are appropriate for such development, as determined by the Board and consistent with county
comprehensive plan policies and RCW 36.70A.365.
17.38.020 Applicability.
Major industrial developments apply to land outside of urban growth areas that require land so large that no
suitable parcels are within an urban growth area or the development is a natural resource-based industry
requiring a location near agricultural land, forestland, or mineral resource land upon which it is dependent.
17.38.030 Definitions.
1. The following definitions shall be used in conjunction with the administration of this chapter:
"Major industrial development", consistent with RCW 36.70A.365, means a master planned location
for a specific manufacturing, industrial, or commercial business that: (a) Requires a parcel of land so
large that no suitable parcels are available within an urban growth area; or(b) is a natural resource-
based industry requiring a location near agricultural land, forestland, or mineral resource land upon
which it is dependent. The major industrial development shall not be for the purpose of retail
commercial development or multitenant office parks.
17.38.040 Development Standards.
1. Location. A site for major industrial development activity may be located outside a designated
urban growth area subject to the criteria and process in this Chapter. There is no minimum site size
for a Major Industrial Development.
Kittitas County Periodic Update— Development Regulations Proposed Changes Report V2.0 Page 3 of 13
2. Uses. Allowed uses within an MID shall be predominantly industrial, manufacturing, energy or
natural resource-based in character. Commercial uses that support allowed uses located within a
MID are also allowed. Uses authorized for a MID shall be included and defined within the
development agreement.
3. Buffers/Open Space. The MID shall contain setbacks and open space that will serve to separate
and buffer the MID from adjacent rural areas or resource lands and to protect critical areas. Setbacks
and open space shall be defined within the development agreement;
4. Services and Facilities: The MID shall provide facilities and services necessary to meet the on-site
needs of businesses and employees, including but not limited to water, sanitary sewer, drainage,
power, telecommunications and solid waste;
17.38.050 Applications/approvals required for new major industrial developments.
1. A major industrial development may be authorized by the county through the approval of a
development agreement as authorized by KCC Chapter 15A.11, Development Agreements, and
RCW 36.70B.170 through 36.70B.210, by the Board of County Commissioners Consistent with KCC
15A.11.020(B) and RCW 36.70B.170, the development agreement approved by the Board must set
forth the development standards applicable to the development of a specific major industrial
developments, which may include, but are not limited to: (1) permitted uses, densities and intensities
of uses, and building sizes; (2) phasing of development, if requested by the applicant; (3) procedures
for review of site-specific development plans; (4) provisions for services and facilities applicable to
major industrial developments; (5) mitigation measures imposed pursuant to the State Environmental
Policy Act, Chapter 43.21 C RCW, and other development conditions; and (6)other development
standards including those identified in KCC 15A.11.020(E)and RCW 36.70B.170(3).
2. Required applications/approvals. In addition to approval of a MID development permit and a
development agreement as set forth in section 1, a major industrial development shall require the
following approvals from the county: (1) a site-specific amendment of the comprehensive plan land
use designation map to major industrial development; provided, that the sub-area planning process
described in Chapter 1 of the county comprehensive plan and KCC Chapter 15B.03, Amendments to
Comprehensive Plan, may be used if deemed appropriate by the applicant and county; and (2) a
site-specific rezone of the county zoning map to major industrial development overlay zoning district
pursuant to KCC Chapter 17.98, Amendments. The comprehensive plan amendment or subarea
plan and rezone may be processed by the county concurrent with the major industrial development
permit and development agreement required for approval of a major industrial development.
3. Planned actions authorized. If deemed appropriate by the applicant and the county, a major
industrial development project may be designated by the county as a planned action pursuant to the
provisions of KCC Chapter 15A.09, Planned Actions.
17.38.060 Applications/approvals required for existing major industrial developments.
1. Designation. An existing major industrial development may be designated by the county as a
major industrial development, consistent with RCW 36.70A.365, RCW 36.70A.367, RCW 36.70A.368
through approval of a sub-area plan, development plan, and adoption of an MID zoning overlay. The
sub-area plan, development plan, and applicable zoning shall establish the range of uses, and the
density, intensity and character of development that is permitted within the development.
2. Development applications. Following designation of the site as an MID, a property owner may
submit a site-specific development application to the County. A development agreement, consistent
with KCC Chapter 15A.11 and RCW 36.70B.170, may be submitted in conjunction with each
development application.
3. Environmental review pursuant to the State Environmental Policy Act(SEPA, RCW 43,21 C), shall
occur and shall address significant impacts associated with development and redevelopment of the
existing development.
2: Unrelated persons in a household or dwelling unit (RCW 36.01.227)
A County may not regulate the number of unrelated persons that occupy a household or dwelling unit except
as provided in state law, for short term rentals, or occupant load per square foot shall not be regulated or
limited by counties, except for group living arrangements. (HB 5235), RCW 36.01.227 new in 2021.
Proposed Changes (Summarized)
• Use the same definition of dwelling as the state.
• Remove reference to"residential occupancy" not currently defined in code.
Code Changes
17.08.200 Dwelling.
"Dwelling Unit" means a residential living unit that provides complete independent living facilities for
one or more persons and that includes permanent provisions for living, sleeping, eating, cooking and
sanitation.
3: Family-Day Care Providers (RCW 36.70A.450)
No county may prohibit the use of a residential dwelling, located in an area zoned for residential or
commercial use, as a family day-care provider's home facility.
Proposed Changes (Summarized)
• Add definition of family day care provider, use the same definition as the state for family day care
providers.
• Allow family-day care providers in all residential and commercial zones.
Code Changes
"Family day care provider" and "family home provider" means a childcare provider who regularly
provides early childhood education and early learning services for not more than 12 children at any
given time in the provider's home in the family living quarters except as provided in RCW 43.216.692
and subsection (2)(m)of this section;
17.15.070 Allowed uses in rural LAMIRD lands.
Allow family day care providers in the Residential, Residential 2, Rural 5, Agriculture 3, General
Commercial, Limited Commercial, and General Commercial zones
17.15.080 Allowed uses in urban lands.
Allow family day care providers in the Residential, Urban Residential, Agriculture 3, Rural 3, Rural 5,
Limited Commercial and General Commercial zones
4: Co-Living Housing (RCW 36.70A.535)
Cities and counties planning under the Growth Management Act are required to adopt development
regulations allowing co-living as a permitted use on any lot located within an urban growth area that allows at
least six multifamily residential units, including a lot zoned for mixed-use development. The bill provides
standards for unit size, parking, density, fees, and other development regulations.
For context:
"Co-living housing" means a residential development with sleeping units that are independently rented
and lockable and provide living and sleeping space, and residents share kitchen facilities with other
sleeping units in the building. Local governments may use other names to refer to co-living housing
including, but not limited to, congregate living facilities, single room occupancy, rooming house, boarding
house, lodging house, and residential suites. RCW 36.70A.535
"Sleeping unit" is defined in the International Building Code as "A single unit that provides rooms or
spaces for one or more persons, includes permanent provisions for sleeping and can include provisions
for living, eating and either sanitation or kitchen facilities but not both."
Proposed Change (Summarized):
• Revise boarding houses as "co-living housing"to link to statutory definition.
• Add "Boarding house" definition to apply to 17.08.
• Permit boarding houses/co-living housing in Table 17.15.080.
• Adjust the definition of adult family home and community residential facility to clearly define as group
care facility which is held to laws under 72.05.020 and cannot be regulated the same as co-living.
• Add footnote exceptions around calculating density for co-living housing to table 17.15.080.
• Add footnote clarification that minimum sizes or mix of sizes for co-living is not required to table
17.15.080.
• Add footnote limitations to parking requirements for co-living housing (County may not require more
than .25 parking stalls per sleeping unit)to table 17.15.080.
Code Change
"Boarding houses, lodging houses, sororities, fraternities"type of co-living housing, means an
establishment with lodging for five or more persons on a weekly or longer basis with a central kitchen
and dining area maintained exclusively for residents and their guests.
Allow boarding houses as permitted in the following zones: Residential, Urban Residential, Historic
Trailer Court, Agricultural 3, Rural 3, Rural 5 in the Urban Land Use Table.
Add footnotes to Table 17.15.080 Allowed uses in urban lands.
53. Boarding House (Co-Living)the following exceptions shall apply:
a. No room dimensional standards are required beyond what is required under building code.
b. Co-living parking requirement is 0.25 off-street parking spaces per sleeping unit.
c. Density calculation for co-living spaces is one-quarter of a dwelling unit for every sleeping
unit.
5: Housing for those with handicaps2
City and county codes must not discriminate against the siting of housing for persons with disabilities or any
reasonable accommodations. Some individuals with disabilities may live together in congregate living
arrangements, often referred to as "group homes." The Fair Housing Act prohibits jurisdictions from making
zoning or land use decisions or implementing land use policies that exclude or discriminate against
individuals with disabilities.
Residential structures occupied by persons with handicaps may not be treated or regulated any more
restrictively than a similar structure occupied by families or other unrelated individuals. Adult family homes
are permitted in all residential and commercial zones, and must be considered a residential use of property.
Discrimination in real estate transactions based on disability is prohibited.
• Revise special care dwelling to remove restrictions on type of housing for care takers.
• Adjust adult home and community residential facility to align with state protections for care facilities.
• Adjust definition of adult family home to ensure it is considered "group living arrangement'which is
regulated under group homes in RCW 70.128.140. Adult family homes or group homes typically
serve a medical, disability, or rehabilitee purpose.
• Allow adult family homes in all residential and commercial zones per RCW 70.128.140
• Allow community residential facility in all residential and commercial zones, these are treated similar
to adult family home and are regulated per RCW 70.128. See definition of community residential
facility in KCC 17.11.036.
• Remove Special Care Dwelling use, Accessory Dwelling Units will replace this use and not limit to
the type of house for a caretaker dwelling.
Code Changes
17.08.031 Adult family home.
"Adult family home" means a type of residential group home ros'd-eRte-W he in which a person or
persons provide personal care, special care, room, and board to more than one (1) but not more
than six (6) adults who are not related by blood or marriage to the person or persons providing the
services.
17.08.500, "Special care dwelling" means a dwelling Ma.,ufar-, fired- HA-Me. A—r o"k Model Trailer
providing separate living quarters for the purpose of providing care to an immediate family member.
ThGugh GPeGi-;;l G;arfa d-9-696 RE)t E;P8GIfY th8 type Of Gare provided, this definition limits speGial Gare
dwel!*Rgs to eRly maRufaGN-red- he—m.es or park model trailers (tiRy hAmP RVr, An wheels).
2 RCW 36.70A.410
2 RCW 70.128.140(2)
2 RCW 49.60.222(1)
6: Affordable Housing and Density Bonuses (RCW 36.70A.545)
City and county development regulations must allow an increased density bonus consistent with local needs
for any affordable housing development of any single-family or multifamily residence located on real property
owned or controlled by a religious organization. RCW 36.70A.545
• Define "affordable housing" to have the same meaning as in RCW 36.70A.030.
• Remove limitation of one dwelling per lot in the residential zone which contradicts allowances for
accessory dwelling units under state law. See section 17.16.030 in Exhibit A.
• Add note to use table to for multi-family housing projects to say"A 20% density bonus may be
provided to an affordable housing project located on property owned by a religious organization,
subject to a development agreement." 15-30% is generally shown in studies to provide financial
benefit for these projects. 20% is consistent with current affordable housing density bonuses
provided in the City of Ellensburg.
Code Changes
"Affordable housing" means residential housing whose monthly costs, including utilities other than
telephone, do not exceed 30 percent of the monthly income of a household whose income is:
(a) For rental housing, 60 percent of the median household income adjusted for household
size, for the county where the household is located, as reported by the United States
Department of Housing and Urban Development; or
(b) For owner-occupied housing, 80 percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United
States Department of Housing and Urban Development.
17.16.030 Minimum lot requirements.
1. Minimum lot sizes in the R zone are as follows:
a. Single family dwelling, seven thousand two hundred (7,200)square feet;
b. Two (2)family dwelling, ten thousand (10,000)square feet.
2. The minimum lot depth shall be one hundred (100)feet.
3. The minimum average lot width shall be sixty-five (65)feet.
5. INIG IPAaiA GhN811iRg shall bP- W-111t OR W A- .'At RGt abY#iRg a publiG Street, With the eXGeP#EH4
Of E;PeG*al Gases y0hiarta th8 GEWRty R;ay approve other suitable aruruess.
6. Affordable housing projects. Affordable housing projects for single-family, duplex, and multi-family
on property owned by a religious organization located in an urban growth area may be eligible for a
density up to 20% additional units above the maximum density calculated for the lot, pursuant to a
development agreement.
17.22.030 Lot- Size required.
1. This provision shall not apply to the Airport Overlay.
2. Minimum lot sizes in the UR zone are as follows:
a. Single family dwelling, seven thousand two hundred (7,200)square feet.
b. Two (2)family dwelling, ten thousand (10,000)square feet.
3. All lots of record at the time of passage of the ordinance codified in this chapter shall be
considered as conforming to lot size requirements.
4. Affordable housing projects. Affordable housing projects for single-family, duplex, and multi-family
on property owned by a religious organization located in an urban growth area may be eligible for a
density up to 20% additional units above the maximum density calculated for the lot, pursuant to a
development agreement.
7: Emergency Housing (RCW 35.21.683)
The definitions in this section are necessary to implement the code changes needed to comply with HB
1220. The local code should include the definitions for supportive housing types exactly as defined in state
law. However, a lot of the STEP housing uses apply only to cities under RCW 35.21.683.
Add definitions for STEP housing to be consistent with cities.
Code Changes
17.08.223 Emergency housing (EH) means temporary indoor accommodations for individuals or
families who are homeless or at imminent risk of becoming homeless that is intended to address the
basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency
housing may or may not require occupants to enter into a lease or an occupancy agreement. RCW
36.70A.030(14)
17.08.224 Emergency shelter(ES) means a facility that provides a temporary shelter for individuals
or families who are currently homeless. Emergency shelter may not require occupants to enter into a
lease or an occupancy agreement. Emergency shelter facilities may include day and warming
centers that do not provide overnight accommodations. RCW 36.70A.030(15)
17.08.447 Permanent supportive housing (PSH) means subsidized, leased housing with no limit on
length of stay that prioritizes people who need comprehensive support services to retain tenancy and
utilizes admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and
personal behaviors. Permanent supportive housing is paired with on- site or off-site voluntary
services designed to support a person living with a complex and disabling behavioral health or
physical health condition who was experiencing homelessness or was at imminent risk of
homelessness prior to moving into housing to retain their housing and be a successful tenant in a
housing arrangement, improve the resident's health status, and connect the resident of the housing
with community-based health care, treatment, or employment services. Permanent supportive
housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. RCW
36.70A.030
17.08.467 "Religious institutions" Mean ps; ^hi ir^hes SyRagGg6ies, temples and ether places where
gathering for wership is the prinGiple purpese r.f the , means the federally protected practice of a
recognized religious assembly, school, or institution that owns or controls real property. RCW
36.01.290(6)(c)
17.0-8.540- Repealed.
47.08-541 17.08.540 Trails. "Trails"means man-made pathways designed and intended for use by
pedestrians, bicyclists, equestrians, snowmobiles and other recreational users together with
associated parking and trailhead facilities.
17T�-08:542 17.08.541 Transfer of development rights (TDR). "Transfer of development rights
(TDR)"means the transfer of the right to develop or build from sending sites to receiving sites.
17.08.542 Transitional housing. "Transitional housing (TH)" means a project that provides housing
and supportive services to homeless persons or families for up to two years and that has as its
purpose facilitating the movement of homeless persons and families into independent living. RCW
84.36.043 (3)(c)
8: Retrofits and Fagade Changes for Residential (RCW 36.70A.810)
City or County must allow modifications to existing residential buildings to encroach within a setback.
• Add the following exceptions to all existing residential buildings.
• Add to the nonconforming section allowances for existing residential buildings already encroaching
into setbacks.
• Add the exceptions to the following zones:
• R residential zone, R-2 residential, R-3 rural-3 zone, RR rural residential zone, UR urban
residential zone, H-T-C historic trailer court zones, A-3 agricultural 3 zone, AA-5 agriculture
zone, A-20 agriculture zone, R-R rural recreation zone, AR-5 rural-5 zone, CA commercial
agriculture zone, C-L limited commercial zone, PUD planned unit development zone, MPR
master planned resorts, reserved, C-G general commercial zone, C-H highway commercial
zone, I-L light industrial zone, I-G general industrial zone, forest and range zone, commercial
forest zone, airport zone, liberty historic zone.
Code Changes
A portion of exterior wall assemblies that includes insulation shall be allowed to project up to an
additional eight inches into the setbacks on all sides.
A building shall be allowed to exceed the maximum allowable roof height by eight inches to
accommodate additional insulation.
Gross floor area shall be measured from the interior face of the exterior walls, which includes
drywall, as typically depicted on the architectural floor plans.
17.80.050 Setback Exceptions.
For existing nonconforming buildings already projecting into setbacks, the portion of exterior wall
assemblies that include insulation must be allowed to project up to an additional eight inches into the
setbacks on all sides if the building is to be used for residential housing.
9: Residential Parking Regulations (RCW 36.70A.622)
RCW 36.70A.622, effective June 6, 2024, requires several updates to residential parking standards. SB
5184, known as the "Parking Reform and Modernization Act", passed May 7, 2025 does not apply to
Counties.
Proposed Changes (Summarized)
Add the following to all zones that allow residential:
• Add exceptions related to tandem parking, garage parking, and enclosed parking
• Add requirements for gravel surfacing
• Add exceptions to parking requirements table to address SIB 5184
Code Changes
Residential Parking Exceptions:
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be enclosed or
unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking requirements at a
rate of one space for every 20 linear feet with any necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated parking areas
may not be a reason for prohibiting utilization of existing space in the parking area to meet
local parking standards, up to a maximum of six parking spaces.
e. Parking spaces may not be required to exceed eight feet by 20 feet, except for required
parking for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential project if
compliance with tree retention would otherwise make a proposed residential development or
redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward minimum parking
requirements.
h. Existing parking spaces that do not conform to the requirements of this section by June 6,
2024, are not required to be modified or resized, except for compliance with the Americans
with Disabilities Act. Existing paved parking lots are not required to change the size of
existing parking spaces during resurfacing if doing so will be more costly or require
significant reconfiguration of the parking space locations.
10: Siting of Organic Materials (RCW 36.70A.142)
Development regulations to implement comprehensive plans under this chapter that are newly developed,
updated, or amended after January 1, 2025, must allow for the siting of organic materials management
facilities in the areas identified in RCW 70A.205.040(3)(a)(i)to the extent necessary to provide for the
establishment of the organic materials management volumetric capacity identified under RCW
70A.205.040(3)(a)(ii).
• Use definition in Title 8 for Title 17 of Compost Facility in 17.08
• Allow compost facilities in commercial and industrial zones in urban growth areas following state
requirements in RCW 70A.205.040 see Table 17.15.080
Code Changes
17.08 Definitions
"Compost facility" means any facility that is permitted to accept organic materials for processing as
defined in WAC 173-350-100. For the purposes of this Ordinance, organic materials are limited to
yard waste as defined below.
17.15.080 Allowed uses in urban lands.
Allow compost facilities as permitted uses in commercial and industrial zones.
11: Adjust Docketing Timelines
Adjust the docket filings to be taken before the first month of April to correspond with changes to
the Comprehensive Plan.
Code Changes
15B.03.030 Docketing.
Any interested person, including applicants, citizens, county commission and board members, and staff of
other agencies may suggest plan or development regulation amendments. The suggested amendments shall
be docketed with the planning department for annual consideration by the Kittitas County planning
commission and board of county commissioners. For purposes of this section, docketing refers to compiling
and maintaining a list of suggested changes to the comprehensive plan in the planning department in a
manner that will ensure such suggested changes will be considered by Kittitas County and will be readily
available for review by the public. Docketing for the calendar year shall be taken from the first Friday in April
of each calendar year. Amendments docketed after the first Friday in April shall be considered in
the following calendar year. Amendments to the comprehensive plan docketed by the first Friday in April
shall be approved or denied by the board of county commissioners on or before December 31 st of that same
calendar year.
Red text is proposed as new text. strikethrough text is ppeposed to be frA-M o iGtiRg IaRg, age
APPENDIX A
Development Regulations Full Text
Kittitas County Periodic Update— Development Regulations Proposed Changes Report V2.0 Page 13 of 13
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
Red underlined is new text
Chapter 1513.03 AMENDMENTS TO COMPREHENSIVE PLAN
Proposed amendments or revisions of the comprehensive plan are considered by the
county board of commissioners no more frequently than once a year except that
amendments may be considered more frequently pursuant to Table B at the end of this
title, Procedures for Non-Docketed Legislative Items:
1. The initial adoption of a subarea plan; and
2. The adoption or amendment of a shoreline master program under the procedures set
forth in Chapter 90.58 RCW.
15B.03.020 Concurrent review except during emergencies.
All proposals shall be considered by Kittitas County concurrently so the cumulative effect
of the various proposals can be ascertained. However, after appropriate public
participation Kittitas County may adopt amendments or revisions to its comprehensive
plan whenever an emergency exists or to resolve an appeal of a comprehensive plan filed
with a growth management hearings board or with the court.
15B.03.030 Docketing.
Any interested person, including applicants, citizens, county commission and board
members, and staff of other agencies may suggest plan or development regulation
amendments. The suggested amendments shall be docketed with the planning
department for annual consideration by the Kittitas County planning commission and
board of county commissioners. For purposes of this section, docketing refers to
compiling and maintaining a list of suggested changes to the comprehensive plan in the
planning department in a manner that will ensure such suggested changes will be
considered by Kittitas County and will be readily available for review by the public.
Docketing for the calendar year shall be taken from the first Friday in April"of each
calendar year. Amendments docketed after the first Friday in April{fit shall be considered
in the following calendar year. Amendments to the comprehensive plan docketed by the
first Friday in April shall be approved or denied by the board of county commissioners
on or before December 31 st of that same calendar year.
15B.03.035 Application requirements.
Applications shall be filed on forms prescribed by the Community Development Services
department. The application shall be accompanied by a SEPA checklist in conformance
with the KCC Chapter 15.04 SEPA Regulations and by review fee(s) paid in full.
Chapter 15B.03 AMENDMENTS TO COMPREHENSIVE PLAN
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1513.03.040 Procedures.
Kittitas County shall maintain and provide for the following procedures, when considering
amendments to the comprehensive plan, in order to facilitate public participation:
1. Broad dissemination of proposals and alternatives. The docket shall be available for
public review in the planning department during regular business hours. Alternatives to a
proposal may be submitted by any party prior to the closing of the written testimony
portion of the public hearing before the planning commission.
2. Opportunity for written comments.Written testimony shall be allowed from the date of
docketing up to the date of closing of the public written testimony portion of the public
hearing.
3. Public meetings. Study sessions and hearings shall be held only after effective notice
has been distributed.
4. Provisions for open discussion. Hearings shall allow for time allotments in order that all
parties that wish to give oral or written testimony may do so.
5. Communication programs and information services. A newsletter shall be produced for
distribution to all parties that have requested to receive it by mail by the planning
department that summarizes amendments docketed and projected meeting and hearing
dates. Copies of proposed amendments shall be available at cost of reproduction.
6. Consideration of and response to public comments. Planning commission and board of
county commissioners members should review the testimony submitted in their findings.
7. Notice of decision. Publication in the paper of record of a notice that Kittitas County has
adopted the comprehensive plan or amendment thereto, and such publication shall state
all petitions relating to whether or not such action is in compliance with the goals and
requirements of this chapter, or Chapters 36.70A, 43.21 C or 90.58 RCW must be filed
within sixty days after the publication date.
Chapter 15B.03 AMENDMENTS TO COMPREHENSIVE PLAN
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Chapter 17.08 DEFINITIONS
17.08.200 Adult family home. "Adult family home" means a type of residential group home
residential:horne in which a person or persons provide personal care, special care, room,
and board to more than one (1) but not more than six(6) adults who are not related by
blood or marriage to the person or persons providing the services.
17.08.032 "Affordable housing" means, unless the context clearly indicates otherwise,
residential housing whose monthly costs, including utilities other than telephone, do not
exceed 30 percent of the monthly income of a household whose income is:
(a) For rental housing, 60 percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the
United States department of housing and urban development; or
(b) For owner-occupied housing, 80 percent of the median household income
adjusted for household size, for the county where the household is located, as
reported by the United States department of housing and urban development.
17.08.112 Boarding House. "Boarding house" also referred to as lodging houses, sororities,
fraternities means a type of co-living establishment with lodging for five or more persons
on a weekly or longer basis with a central kitchen and dining area maintained exclusively
for residents and their guests.
17.08.173 Compost facility. "Compost facility" means any facility that is permitted to
accept organic materials for processing as defined in WAC 173-350-100. For the purposes
of this Ordinance, organic materials are limited to yard waste as defined below.
17.08.200 Dwelling. "Dwelling Unit" means a residential living unit that provides complete
independent living facilities for one or more persons and that includes permanent
provisions for living, sleeping, eating, cooking and sanitation. building or portion ther
designed exelusiveLy for residential:oeeupaney-.
17.08.223 Emergency housing. "Emergency housing(EH)" means temporary indoor
accommodations for individuals or families who are homeless or at imminent risk of
becoming homeless that is intended to address the basic health,food, clothing, and
personal hygiene needs of individuals or families. Emergency housing may or may not
require occupants to enter into a lease or an occupancy agreement. RCW 36.70A.030(14)
17.08.224 Emergency shelter. "Emergency shelter(ES)" means a facility that provides a
temporary shelter for individuals or families who are currently homeless. Emergency
shelter may not require occupants to enter into a lease or an occupancy agreement.
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Emergency shelter facilities may include day and warming centers that do not provide
overnight accommodations. RCW 36.70A.030(15)
17.08.240 Family day care provider. "Family day care provider" and "family home provider"
means a child care provider who regularly provides early childhood education and early
Learning services for not more than 12 children at any given time in the provider's home in
the family living quarters except as provided in RCW 43.216.692 and subsection (2)(m) of
this section:
17.08.447 Permanent supportive housing. "Permanent supportive housing(PSH)" means
subsidized, leased housing with no limit on length of stay that prioritizes people who need
comprehensive support services to retain tenancy and utilizes admissions practices
designed to use lower barriers to entry than would be typical for other subsidized or
unsubsidized rental housing, especially related to rental history, criminal history, and
personal behaviors. Permanent supportive housing is paired with on-site or off-site
voluntary services designed to support a person living with a complex and disabling
behavioral health or physical health condition who was experiencing homelessness or was
at imminent risk of homelessness prior to moving into housing to retain their housing and
be a successful tenant in a housing arrangement, improve the resident's health status, and
connect the resident of the housing with community-based health care, treatment, or
employment services. Permanent supportive housing is subject to all of the rights and
responsibilities defined in chapter 59.18 RCW. RCW 36.70A.030
17.08.467 "Religious institutions" means churehes, synagogues,ternpies and Other piaces
where gathering forworship is the prinempie purpose of the use. means the federally
protected practice of a recognized religious assembly, school, or institution that owns or
controls real property. RCW 36.01.290(6)(c)
1:7.08.500 "Special eare dweRing-.—" n-ieans a Manufactured I lome or Park Model Trailer
providing separate iiving quarters for the purpose of providing care to an immediate famil:
n-ien-iber. Though special:eare does not specify the type of eare provided, this definition
lin-imts special eare dweilings to only manufactured hornes or park model:tramiers (tiny hoi
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Chapter 17.08 DEFINITIONS Page 5 of 72
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Chapter 17.15 ALLOWED USES
17.15.050 Allowed uses in resource lands.
17.15.050.1 Resource Use Table
P Permitted Resource
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use Commercial Commercial
*See KCC Chapter 17.08 Definitions Agriculture Forest
A.Agriculture
Animal boarding* P P
Animal Crematory* P
Agricultural Enhanced Uses* P29 p29
Agriculture processing* CU16
Agriculture production* P P
Agriculture sales*, Produce Farm P16/AC27
Agriculture sales CU
Dairy CU CU
Feedlot* CU CU
Grazing* P P
Marijuana Processing*
Marijuana Production*
Marijuana, retail sales*
Nurseries P
Riding academies CU
Small-scale event facility* AC 24/CU
U-Pick/U-Cut Operations* AC 28 AC 28
Farm Visit* AC 28
Commercial Activities associated with AC
agriculture*
B. Civic Cultural Uses
Cemetery P 12 P 12
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17.15.050.1 Resource Use Table
P Permitted Resource
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use Commercial Commercial
*See KCC Chapter Definitions Agriculture Forest
Clubhouses, fraternities and lodges* AC 23
Cultural and educational facilities
Libraries
Meeting facilities
Museums and galleries
Religious institutions* CU
School, public or private* CU 11
Interpretive Center*
C. Commercial
Auction sales of non-agriculture products
Bank
Bed and breakfast* AC
Clinic*
Day care facilities*
Funeral home/mortuary
Hospital*
Hospital, animal or veterinary*
Hotel/motel
Office*
Restaurant
Retail sales,*general
Retail sales,* lumber and building materials
Retail sales,*vehicles and equipment
Services
Shooting range* CU 22 CU 22
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17.15.050.1 Resource Use Table
P Permitted Resource
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use Commercial Commercial
*See KCC Chapter 17.08 Definitions Agriculture Forest
Taverns
Temporary sales office
Vehicle/equipment service and repair* P 21
D. Industrial
Airport* P 19 p 20
Asphalt/concrete plants
Explosives, storage or manufacture
Forest product processing* (portable) P
Forest product processing* (permanent) CU
Freighting and trucking yard or terminal*
Hazardous waste storage*
Hazardous waste treatment*
Impound/towing yard*
Junkyard*
Manufacturing*
Mini-warehouse
Refuse disposal/recycle* CU CU
Research laboratories
Wastewater treatment
Warehousing and distribution PA 26/CU 25
Wholesale business
E. Recreation
Campground* CU 17
Golf course*
Guest ranch or Guest Farm* CU
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17.15.050.1 Resource Use Table
P Permitted Resource
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use Commercial Commercial
*See KCC Chapter 17.08 Definitions Agriculture Forest
Parks and playgrounds* P 14
Recreation, indoor*
Recreation, outdoor* P 17
Recreationalvehicle storage
Stadium
Tra i is PA PA
F. Residential
Accessory dwelling unit* PA 4 PA 4
Adult family home* P 9 P 9
Boarding house
Convalescent home
Dwelling, single-family* P P
Dwelling, two-family* P
Dwelling, multiple-family*
Farm labor shelter* CU z
Group home*
Home occupation* P 7 P 7
Manufactured home* P P
Manufactured home park
Mobile home P 5 P 5
Non-accessory storage structure P P
P-e P-s
Temporary trailers p 10 P 10
G. Resource
Forestry* P P
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17.15.050.1 Resource Use Table
P Permitted Resource
PA Permitted Administrative
CU Conditional Use
ACU Admin. Conditional Use Commercial Commercial
*See KCC Chapter 17.08 Definitions Agriculture Forest
Forest product sales* P
Mining and excavation* CU 13 P
Rock crushing* P
H. Utilities and Public Facilities
Electric vehicle infrastructure* P 3 P 3
Public facilities* PA 18 PA 18
Solar Power Production Facilities 30 30
Utilities P 1 /ACU 1 /CU 1 P 1 /ACU 1 /CU 1
Watershed management activities* PA PA
17.15.050.2 Footnotes Associated with Resource Use Table
1. Pursuant to KCC Chapter 17.61, Utilities.
2. Provided:
a. The shelters are used to house farm laborers on a temporary or seasonal basis
only, regardless of change of ownership, if it remains in farm labor-needed
status;
b. The shelters must conform with all applicable building and health regulations;
c. The number of shelters shall not exceed four per 20 contiguous acres of land
area;
d. The shelters are owned and maintained by the owner or operator of an
agricultural operation which clearly demonstrates the need for farm laborers;
e. Should the parent agricultural operation cease or convert to non-agriculture
use, then the farm labor shelters shall conform with all applicable buildings
and health regulations.
3. Pursuant to KCC Chapter 17.66, Electric Vehicle Infrastructure.
4. Subject to the following requirements:
a. The parcel must be at least three acres in size;
b. Only one ADU shall be allowed per lot;
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c. The ADU shall not exceed 1,500 sqare feet;
d. All setback requirements for the zone in which the ADU is located shall apply;
e. The ADU shall meet the applicable health department standards for potable
water and sewage disposal, including providing adequate water supplies
under RCW 19.27.097;
f. No mobile homes or recreational vehicles shall be allowed as an ADU;
g. The ADU shall provide additional off-street parking;
it An ABU is not perniotted on the sarne tot where a special eare dweRing exists;
i. The ADU must share the same driveway as the primary dwelling;
j. ADUs shall be subject to obtaining an administrative permit.
5. As of September 1, 1998, mobile homes are no longer allowed to be transported
and placed within Kittitas County. Those units presently located in Kittitas County
that are to be relocated within Kittitas County must have a fire/life inspection
approved by the Washington State Department of Labor and Industries.
fr Subjeettothefollowing
- The Special Care DweRing must meet all setback requirements for the Zone in
which it is ioeated
Its for potabie water and sewage disposai,
- b-. PLacernent is subject to obtaining a building permit for the niant1faettire-d
h o rare;
- c-. Owner must record a notice to title prior to the issuance of building permit,
which indicates the restrictions and removai requirernent"t,'
- ,
- e- The special care dweRing tinit must be rernoveue when the need for care
ceases;
- f-. A special eare dwelling is not permitted on the same iot where an aceessory
dwelling unit exists.
n,ianufactured home.
- it. Park modeltraiiers shail be inspected and approved byWashington St
Departn,ient of Labor and Industries-.-
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7. No sign advertising a home occupation shall exceed 16 square feet in size. Home
occupations with no outdoor activities or noise are permitted; home occupations
with outdoor activities or noise are a conditional use. In-home daycares shall be
limited to no more than six individuals receiving care in a 24-hour period.
8. Maximum of four boarders and two bedrooms dedicated to the use.
9. Pursuant to RCW 70.128.140.
10. When used for temporary occupancy for a period not-to-exceed one year related
to permanent home construction or seasonal/temporary employment.
11. Existing schools are permitted; new schools require a conditional use permit.
12. No new cemeteries. Existing cemeteries may expand or enlarge within
established cemetery boundaries as of the date of amendment adoption, and in
compliance with applicable standards and regulations.
13. Noncommercial sand and gravel excavation is permitted for on-site use without a
conditional use permit.
14. Washington State Natural Area Preserves and Natural Resource Conservation
Areas are permitted outright.
15. When located no more than 45 feet from the centerline of the public street or
highway and selling goods produced on site.
16. Hay processing and small-scale processing of agricultural products produced on
the premises are permitted outright.
17. Limited to campsites or primitive campgrounds as defined by KCC § 17.08.155A.
18. Pursuant to KCC Chapter 17.62, Public Facilities Permits.
19. When used primarily in conjunction with agricultural activities.
20. For emergency and forest related management uses and practices only.
21. Limited to farm implement repair and maintenance.
22. Structures and facilities associated with the operation of shooting ranges are
permitted and subject to all associated Kittitas County building codes and
regulations. Shooting ranges may be operated in conjunction with other permitted
or conditional uses for the specified zone. Shooting ranges are subject to periodic
inspection and certification as deemed necessary by the Kittitas County Sheriff's
Department. In considering proposals for the location of shooting ranges a
detailed site plan shall be required; the Hearings Examiner's review of said site
plan and the proposal as a whole shall include, but not be limited, to the following
criteria:
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a. The general health, safety, and welfare of surrounding property owners, their
Livestock, their agricultural products, and their property.
b. Adherence to the practices and recommendations of the "NRA Range
Sourcebook."
c. Adherence to the practices and recommendations of the "EPA Best
Management Practices for Lead at Outdoor Shooting Ranges."
d. Proposed shooting ranges in areas designated as agricultural land of long-term
commercial significance shall comply with RCW 36.70A.177(31 as currently
existing or hereafter amended, and shall be limited to lands with poor soils or
those unsuitable for agriculture.
23. Limited to facilities that serve traditional rural or resource activities (such as
granges).
24. Use shall not exceed 10,000 square feet and no more than eight events shall
occur within a calendar year.
25. Existing facilities are permitted; new facilities require a conditional use permit.
Limited to agricultural products.
26. Limited to seasonal, non-structural hay storage.
27. An administrative conditional use permit is required when enhanced agricultural
sales or sales of goods produced offsite are provided and/or when the farm stand
is located more than 45 feet from the centerline of the public street or highway.
28. When enhanced agricultural sales are provided.
29. Agricultural Enhanced Uses which include eating and drinking establishments
and/or event facilities for seminars or other social gatherings are limited to 4,000
square feet of total indoor floor area.
30. Pursuant to KCC § 17.61 C.050 and § 17.61 C.060.
Chapter 17.15 ALLOWED USES Page 13 of 72
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17.15.060 Allowed uses in rural non-LAMIRD lands.
17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 54, Rural 548 Ag 2048 Range Planned rcial ion PUD
A.Agriculture
Agricultural P54 P54 P54
Enhanced
Uses*
Agricultural P61 P61 P61 P61
direct marketing
activities*
Agricultural P62 P62 P62 P62
seasonal
harvest
festivities*
Agricultural C C C C
expanded
seasonal
harvest
festivities*
Animal P P P P CU CU
boarding*
Agriculture CU 23 CU 23 CU ** P
processing*
Agriculture P24 P P P24 P24 P24 P24 P24
production*
Farm Stand,* P22/AC50 P22/AC50 P22/AC50 P22/AC50 P22/AC50 P P22/AC50 P22/AC50
Agriculture CU CU P
Sales,*
Dairy CU CU CU CU CU CU CU
Feedlot* CU CU **
Grazing* P P P P P P P P
Marijuana
processing*
Chapter 17.15 ALLOWED USES Page 14 of 72
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 54, Rural 548 Ag 2048 Range Planned rcial ion PUD
Marijuana
production*
Marijuana, retail
sales*
Nurseries P P P CU ** P CU 60
Riding CU CU CU CU CU
academies
Small-scale AC 44/C AC 44/C AC 44/CU AC 44/C
event facility* U U U
U-Pick/U-Cut P/AC50 CU P/AC50 P/AC50 CU
Operations*
Farm Visit CU Cu AC50 AC 50 CU CU CU P51
Commercial AC AC
Activities
associated with
agriculture*
B. Civic Uses/Community Services
Cemetery P 21 P 21 P 21 CU ** P 21 P 21 P 21 P 21
Clubhouses, AC 43 AC 43 AC 3 AC 34 AC AC
fraternities and
lodges*
Cultural and P P
education
facilities
Libraries CU 3 CU
Meeting P
facilities
Museums and CU
galleries
Religious CU CU CU CU CU CU
institutions
Chapter 17.15 ALLOWED USES Page 15 of 72
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 548 Rural 548 Ag 2048 Range Planned rcial ion PUD
Schools, public P 25 P 25 P 25 CU CU
or private*
Interpretive AC AC AC
Center*
C. Commercial
Auction sales of CU
non-agriculture
products
Bank CU
Bed and AC AC AC AC** AC
breakfast*
Clinic*
Day care
facilities*
Funeral
home/mortuary
Hospital*
Hospital, animal CU CU
or veterinary*
Hotel/motel CU 6
Office* P
17
Restaurant CU 35 P CU CU
Retail sales,* CU 35 P CU is CU 18
general
Retail sales,*
lumber and
building
materials
Retail sales,*
vehicles
Chapter 17.15 ALLOWED USES Page 16 of 72
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 54, Rural 548 Ag 2048 Range Planned rcial ion PUD
Services P 20 CU 49
Shooting range* CU 30 CU **30 CU 30
Tavern CU 35 P CU
Temporary sales P
office
Vehicle/equipm P 16 P 16 CU 35 P 41 P 41
ent service and
repair*
D. Industrial
Airport* CU CU CU CU CU CU
Asphalt/Concret CU 36
e plants
Explosives,
storage or
manufacture
Forest product P P CU CU 34
processing*
(portable)
Forest product CU CU **
processing*
(permanent)
Freighting and
trucking yard or
terminal*
Hazardous
waste storage*
Hazardous
waste
treatment*
Impound/towing
yard*
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 548 Rural 548 Ag 2048 Range Planned rcial ion PUD
Junkyard*
Manufacturing*
Mini-Warehouse CU 58 CU 14
Refuse CU 19 CU 57
d isposaUrecycle
*
Research
laboratories
Wastewater
treatment
Warehousing PA 46 PA 46 PA 46/CU PA 46
and distribution 45
Wholesale
business
E. Recreation
Campground* CU 12 CU 12 CU 12 CU 12 P 53 CU 13 CU 12 CU 12 CU
**
Golf course* CU CU CU CU ** CU CU
Guest ranch or CU CU CU CU ** CU
guest farm*
Parks and P P P 3 P P P P P
playgrounds*
Recreation, P CU CU P
indoor*
Recreation, AC AC CU CU AC AC AC P
outdoor*
Recreational CU CU CU CU CU
vehicle park*
Recreational CU 59
vehicle/equipm
Chapter 17.15 ALLOWED USES Page 18 of 72
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 548 Rural 548 Ag 2048 Range Planned rcial ion PUD
ent service and
repair*
Recreational CU 26 CU 26 P 26
vehicle storage
Stadiums
Trails PA PA PA PA PA PA PA PA
F. Residential
Accessory PA 27 PA 27 PA 27 PA 27** PA 27 PA 27
dwelling unit*
Adult family P 40 P 40 P 40 P 40 P 40 P 40 P 40 P 40
home*
Boarding house CU 28 CU 28**
Convalescent Cu CU **
home
Community P P P P P P P P
Residential
Facility
Dwelling, single- P 32 P 39 P P 33 P 1 PA 2 P P
family*
Dwelling,two- P P 3 P 34 P' CU P
family*
Dwelling, P 1 P
multiple-family*
Farm labor CU 4 CU 4 CU 4**
shelter*
Family-Day Care P P P P P P P P
Group home* Cu Cu Cu
Group Care CU 55 CU CU 55 CU CU
Facility*
Chapter 17.15 ALLOWED USES Page 19 of 72
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 548 Rural 548 Ag 2048 Range Planned rcial ion PUD
Home P/CU 5 P/CU 5 P/CU 5 P/CU 5* P/CU 5 P/CU 5 P/CU 5
occupation*
Manufactured P P P P** P PA2 P P
home*
Manufactured
home park
Mobile home P 37 P 37 P 33
Non-accessory P P P P P P P
storage
structure
Speeiai eare _P_ P_ _P_ _P_ Cam- _P_
dweLiing*
Temporary P7 P7 P7 P7** P7 P7 P7 P7
trailer
G. Resource
Forestry* P P P p 33
Forest product P
sales*
Mining and CU CU 38 CU P 33
excavation*
Rock crushing* CU 38 P 33
H. Utilities and Public Facilities
Electric vehicle P 31 P 31 P 31 P 31 P 31 P 31 P 31 P 26
infrastructure*
Public facilities* PA52 PA52 PA52 PA52 PA52 PA52 PA52 PA52
Solar Power 56 56 56 56 56 56 56 56
Production
Facilities
Utilities P 9/ACU P 9/ACU P 10/AC U 1 P 9/ACU P 11/AC U 1 P 9/ACU P 9/ACU P 9/ACU
9/^U 9 9/cu 9 0/CU10 9/CU 9 1/cu11 9/CU 9 9/CU 9 9/cu 9
Chapter 17.15 ALLOWED USES Page 20 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.060.1 Rural Non-LAMIRD Use Table
P Permitted Rural Non-LAMIRD
PA Permitted Rural
Administrative Residen
CU Conditional tial&
Use
Rural
ACU Admin. Recreat
Conditional Rural Residential Rural Working Rural Recreation ion
Use
*See KCC Forest General Rural
Chapter 17.08 & Master Comme Recreat
Definitions Ag 54, Rural 548 Ag 2048 Range Planned rcial ion PUD
Watershed PA PA PA PA PA PA PA
management
activities*
17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
1. Provided use is integrated into and supports the on-site recreational nature of the master planned resort
and short-term visitor accommodation units constitute greater than 50% of the total resort
accommodation units.
2. No new residence shall be permitted except that related to the business or enterprises allowed in this
zone such as janitor or night watchman. Any such residence shall meet the requirements of the
residential zone.
3. Not permitted in the Agriculture Study Overlay Zone. Clubhouses, fraternities and lodges limited to
facilities that serve traditional rural or resource activities(such as granges).
4. Provided:
a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of
change of ownership, if it remains in farm labor-needed status;
b. The shelters must conform with all applicable building and health regulations;
c. The number of shelters shall not exceed four per 20 contiguous acres of land area;
d. The shelters are owned and maintained by the owner or operator of an agricultural operation which
clearly demonstrates the need for farm laborers;
e. Should the parent agricultural operation cease or convert to non-agriculture use,then the farm labor
shelters shall conform with all applicable buildings and health regulations.
5. No sign advertising a home occupation shall exceed 16 square feet in size. Home occupations with no
outdoor activities or noise are permitted; home occupations with outdoor activities or noise are a
conditional use. In-home daycares with six or fewer individuals receiving care in a 24-hour period are
permitted; in-home daycares with seven to 12 individuals receiving care in a 24-hour period require a
Conditional Use Permit.
6. Provided short-term visitor accommodation units constitute greater than fifty percent(50%)of the total
resort accommodation units.
7. When used for temporary occupancy for a period not-to-exceed one year related to permanent home
construction or seasonal/temporary employment.
8. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use.
9. Utilities are defined and regulated by KCC Chapter 17.61, Utilities.
Chapter 17.15 ALLOWED USES Page 21 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
10. Utilities are defined and regulated by KCC Chapter 17.61,Utilities.Not permitted in the Agriculture Study
Overlay Zone.
11. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Limited to the capital facilities,
utilities,and services necessary to maintain and operate the master planned resort.
12. In considering proposals for location of campgrounds, the Board shall consider at a minimum the
following criteria:
a. Campgrounds should be located at sufficient distance from existing rural residential/residential
development so as to avoid possible conflicts and disturbances;
b. Traffic volumes generated by such a development should not create a nuisance or impose on the
privacy of nearby residences or interfere with normal traffic flow;
c. Landscaping or appropriate screening should be required and maintained where necessary for
buffering;
d. Adequate and convenient vehicular access,circulation and parking should be provided;
e. Public health and safety of campers and those reasonably impacted by the campground(i.e. health,
water,sanitation).
13. Campgrounds and Recreational vehicle sites with power and water are permitted; campgrounds and
recreational vehicle sites without power and water require a conditional use permit.
14. The following standards shall apply to the approval and construction of mini-warehouses:
a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or
sight screening;
b. All buildings with storage units facing property boundaries shall have a minimum setback of thirty-
five(35)feet;
c. No commercial or manufacturing activities will be permitted within any building or storage unit;
d. Lease documents shall spell out all conditions and restrictions of the use;
e. Signs, other than on-site direction aids, shall number not more than two (2) and shall not exceed
forty(40)square feet each in area.
15. Permitted when conducted wholly within an enclosed building(excluding off-street parking and loading
areas).
16. Limited to farm implement repair and maintenance.
17. Limited to offices directly related to tourism and recreation.
18. Retail sales are limited to groceries and sales directly related to tourism and recreation. Structural
footprint containing all of these activities may not exceed 4,000 square feet.
19. Limited to composting facilities.
20. Limited to those services typicallyfound on other destination resort properties and designed to serve the
convenience needs of the users and employees of the master planned resort. Shall be designed to
discourage use from non-resort users by locating such services well within the site rather than on its
perimeter.
21. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries
as of the date of amendment adoption,and in compliance with applicable standards and regulations.
22. When located no more than forty-five (45)feet from the centerline of the public street or highway and
selling goods produced on site.
23. Hay processing, and small-scale processing of agricultural products produced on the premises are
permitted without a conditional use permit.
Chapter 17.15 ALLOWED USES Page 22 of 72
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
24. Excluding swine and mink, provided a minimum of one(1)acre is available.When located in the Liberty
Historic Overlay Zone,this use is subject to the provisions of KCC Chapter 17.59.
25. Existing schools are permitted; new schools require a conditional use permit.
26. Recreational vehicle storage may be enclosed or outdoor storage of recreational vehicles or both.
Permitted where the use is only serving a residential PUD or in the Rural Recreation and Forest and Range
zoning districts and subject to the following standards and conditions:
a. All stored vehicles must be licensed if required by law, and operational. This land use does not
include vehicle sales.
b. Unless it is limited to serving a residential PUD and otherwise permitted or authorized, recreational
vehicles shall not be stored outside when the site is contiguous to a residential zoning district.
c. No commercial or manufacturing activities are permitted except when recreational
vehicle/equipment service and repair has been permitted subject to the requirements of KCC
§17.15.060.2 Footnote 60.
d. In the Forest and Range zoning district, and when not limited to serving a recreational planned unit
development,the site shall either be:
i. Contiguous to a State Highway,or
ii. Contiguous to a designated urban arterial or rural collector road located near a highway
intersection or freeway interchange.
iii. It is not necessary for the site to have direct access to such arterial,collector or highway to
meet this requirement.
e. Recreational vehicle storage shall be designed to be compatible with the surrounding rural
character,subject to the following standards:
i. Storage areas shall be enclosed with a minimum five-foot-high,security fence.The applicant
may be required to provide additional plans for aesthetic improvements and/or site-screening.
ii. Additional setbacks, physical barriers or site-screening may be required on sites that border
resource lands in the Commercial Agriculture or Commercial Forest zoning districts.
iii. Findings shall be made that the proposal does not require urban governmental services such
as municipal sewer or water service and does not compromise the long-term viability of
designated resource lands.
iv. Measures shall be taken to protect ground and surface water. Electric Vehicle Infrastructure
subject to provisions of KCC Chapter 17.66.
27. Subject to the following requirements:
a. The parcel must be at least 3 acres in size;
b. Only one ADU shall be allowed per lot;
c. The ADU shall not exceed 1,500 square feet;
d. All setback requirements for the zone in which the ADU is located shall apply;
e. The ADU shall meet the applicable health department standards for potable water and sewage
disposal, including providing adequate water supplies under RCW 19.27.097;
f. No mobile homes or recreational vehicles shall be allowed as an ADU;
g. The ADU shall provide additional off-street parking;
it-. ,
i. The ADU must share the same driveway as the primary dwelling;
j. ADUs shall be subject to obtaining an administrative permit.
Chapter 17.15 ALLOWED USES Page 23 of 72
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
28. Maximum of four boarders and two bedrooms dedicated to the use.
2g Subject to the foRowing requirements:
located;-&. The Speciai 6are Dwelling must meet aR setback reeluirements for the?one in which
water and sewage disposal,
b-. The Special E)are Dwelling must meet all applicable heaLth department requirements for potabLe
eE E)vvner must recoid a 11ULiUU 'Lo title prior to the issuance of building permit which indicates the
e-. The SpeeiaL E3are Dwelling unit eannot be used as a rental ,
ceases,f-. The Special Care Dwelling unit must be removed when the need for cam-e
g A Special Care Dwelling as not permitted oii the same Lot where an Accessory Dwelling Unit.
it Park rnodeLtra*Lers shall obtain the same building permit as for placement of a mantifactured hon
r Park modeL traaLers shall be inspected and approved byWashington State Department of Labor anfd
+n dustri
30. Structures and facilities associated with the operation of shooting ranges are permitted and subject to
all associated Kittitas County building codes and regulations. Shooting Ranges may be operated in
conjunction with other permitted or conditional uses for the specified zone.Shooting Ranges are subject
to periodic inspection and certification as deemed necessary by the Kittitas County Sheriff's
Department. In considering proposals for the location of Shooting Ranges a detailed site plan shall be
required; the Board's review of said site plan and the proposal as a whole shall include, but not be
limited,to the following criteria:
a. The general health, safety, and welfare of surrounding property owners, their livestock, their
agricultural products,and their property.
b. Adherence to the practices and recommendations of the"NRA Range Sourcebook."
c. Adherence to the practices and recommendations of the"EPA Best Management Practices for Lead
at Outdoor Shooting Ranges."
d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial
significance shall comply with RCW 36.70A.177(3)as currently existing or hereafter amended, and
shall be limited to lands with poor soils or those unsuitable for agriculture.
31. Subject to the provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure.
32. Single-family homes located in Twin Pines Trailer Park,Central Mobile Home Park,or Swiftwater shall be
subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone.
33. When located in the Liberty Historic Overlay Zone, this use is subject to the provisions of KCC
Chapter 17.59.
34. Limited to facilities that serve traditional rural or resource activities (such as granges). Allowed as a
permitted use in the Liberty Historic Overlay Zone,subject to the provisions of KCC Chapter 17.59.
35. Allowed only as a conditional use in the Liberty Historic Overlay Zone, subject to the provisions of KCC
Chapter 17.59.
36. Prohibited in the Liberty Historic Overlay Zone.Temporary asphalt plants only.
37. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within
Kittitas County. Those units presently located in Kittitas County that are to be relocated within Kittitas
County must have a fire/life inspection approved by the Washington State Department of Labor and
Industries. Mobile homes located in Twin Pines Trailer Park, Central Mobile Home Park, or Swiftwater
shall be subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone.
Chapter 17.15 ALLOWED USES Page 24 of 72
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
38. Permitted when located within an established mining district; conditional use permit required when
located outside established mining district.
39. Single family homes located in Twin Pines Trailer Park,Central Mobile Home Park,or Swiftwater shall be
subject to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone.
40. Pursuant to RCW 70.128.140.
41. Permitted when conducted wholly within an enclosed building(excluding off-street parking and loading
areas).
42. Includes truck stop operations. Minor repair work permitted.
43. Limited to facilities that serve traditional rural or resource activities(such as granges).
44. Use shall not exceed 10,000 square feet and no more than eight events shall occur within a calendar
year.
45. Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural
products.
46. Limited to seasonal, non-structural hay storage.
47. Services limited to resource based industries
48. All lots greater than 1/2 acre will not have more than 50%of the lot covered by impervious surface.
49. An administrative conditional use permit is required when enhanced agricultural sales or sales of goods
produced offsite are provided and/or when the farm stand is located more than forty-five(45)feet from
the centerline of the public street or highway.
50. When enhanced agricultural sales are provided.
51. When approved as part of the PUD development plan.
52. Pursuant to KCC Chapter 17.62, Public Facilities Permits.
53. Limited to primitive campgrounds as defined by KCC§17.08.155A.
54. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for
seminars or other social gatherings are limited to 4,000 square feet of total indoor floor area.
55. Only allowed as a conditional use when primary use of land is agriculture.
56. Pursuant to KCC§17.61C.050 and§17.61C.060.
57. (Removed per Ord.2022-017,2022)
58. The following standards shall apply to the approval and construction of mini warehouses in the Forest
and Range zone:
a. The site shall either be contiguous to a State Highway or contiguous to a designated urban arterial or
rural collector road located near a highway intersection or freeway interchange. It is not necessary
for the site to have direct access to such arterial,collector or highway to meet this requirement;
b. Findings shall be made that the use does not require urban government services such as municipal
sewer or water service and does not compromise the long-term viability of designated resource
lands;
c. Additional setbacks, physical barriers or site-screening may be required on sites that border
resource lands in the Commercial Agriculture or Commercial Forest zoning districts;
d. Measures shall be taken to protect ground and surface water;
e. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or
sight screening;
f. All buildings with storage units facing property boundaries shall have a minimum setback of 35 feet;
Chapter 17.15 ALLOWED USES Page 25 of 72
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
g. No commercial or manufacturing activities will be permitted within any building or storage unit
except for RV storage when authorized under KCC§17.15.060.2, Footnote 60;
h. Lease documents shall spell out all conditions and restriction of the use;
i. Signs, other than on-site direction aids, shall number not more than two and shall not exceed 40
square feet each in area.
59. Recreational vehicle/equipment service and repair is permitted by conditional use permit in the Forest
and Range zoning district.The site shall either be:
a. Contiguous to a State Highway,or
b. Contiguous to a designated urban arterial or rural collector road located near a highway intersection
or freeway interchange.
c. It is not necessary for the site to have direct access to such arterial,collector or highway to meet this
requirement.
Vehicles under repair shall either be kept inside buildings or visually screened from surrounding areas.
No on-streetvehicle parking shall be allowed associated with the use.Allvehicles,including recreational
vehicles and customer and employee automobiles shall be stored or parked on-site at all times.
Maintenance and repair activities shall not take place in RV storage enclosures or spaces,except limited
maintenance and minor repairs may be performed on RV's that are already being stored at the site in
order to avoid having to move them,when such maintenance and repair activities can be completed in
two hours or less and only in the enclosures or spaces in which the RV's are already being kept.This use
shall be designed to be compatible with the surrounding rural character, subject to the following
standards:
a. Findings shall be made thatthe use does not require urban governmental services such as municipal
sewer or water service and does not compromise the long-term viability of designated resource
lands.
b. Additional setbacks, physical barriers or site-screening may be required on sites that border
resource lands in the Commercial Agriculture or Commercial Forest zoning districts.
c. Measures shall be taken to protect ground and surface water.
60. Nurseries limited to the growth, display, and/or sale of plants, shrubs, trees, and materials used in
indoor or outdoor planting.Sale of bulk landscape materials such as rock, bark, mulch and topsoil shall
not be permitted in this zone. Pre-packaged landscape materials are excluded from this restriction.
61. Agricultural direct marketing activities shall comply with all of the following standards:
a. The subject property shall be actively farmed by the property owner.
b. Retail structures shall not total more than 3,000 square feet.
c. The parcel,or adjacent parcel,shall include the residence of the owner or operator of the farm.
d. Carnival rides, helicopter rides, inflatable features and other typical amusement park games,
facilities and structures are not permitted.
e. The use shall be operated in accordance with all applicable federal,state,and local ordinances.
f. New structures or existing structures converted for public use shall meet current building and fire
codes.
g. Adequate sanitary facilities shall be provided in accordance with Kittitas County Public Health
Department requirements.
h. Adequate ingress/egress shall be provided to and from the site in accordance with Kittitas County
Public Works requirements.
Chapter 17.15 ALLOWED USES Page 26 of 72
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17.15.0060.2 Footnotes Associated with Rural Non-LAMIRD Use Table.
i. Sufficient land area is provided to accommodate the proposed use and related parking,and the use
and any appurtenant structures shall be so arranged on the land as to minimize any adverse effects
on surrounding properties.The use shall not create particular hazards to adjacent properties.
62. Agricultural seasonal harvest festivities shall comply with all of the following standards:
a. The site shall conform to the requirements for "agricultural direct marketing activities" except as
provide for herein.
b. Hours of operation shall occur between 8:00 a.m.and 6:00 p.m.
c. Seasonal harvest festivities are prohibited on vacant property, unless the vacant land adjoins
property occupied by the owner/operator of the festivities.
d. Seasonal harvest festivities shall be limited to Friday, Saturday, Sunday, and Monday, from the
second weekend of June through the December 31.
e. Inflatable amusement devices, such as moonwalks, slides, or other inflatable games for children,
shall be limited to a maximum of five(5)per seasonal harvest festivities event.
17.15.070 Allowed uses in rural LAMIRD lands.
17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht eral & Co al Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at ral ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 al al rial ial e D cial al al l
A.Agriculture
Animal boarding* CU P P P P P P
1
Agriculture P 2 P/C P/ P/C CU P/C P/CU 4 P/C P/C
processing* U 4 CU U 4 U 4 U 4 U 4
4
Agriculture CU P P 5 P 4 P 4 P 5 P 4
production* '
Agriculture P'/A P P P P P
sales,* Farm C
stand*
Chapter 17.15 ALLOWED USES Page 27 of 72
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Agriculture sales CU
Feedlot*
Grazing* P P P P P P P P P P P
Marijuana AC AC
Processing* U55 U55
Marijuana AC AC
Production* U55 U55
Marijuana, retail
sales*
Nurseries CU CU P P P CU P P P CU
Riding academies CU CU
Small-scale event
facility*
U-Pick/Cut
Operations*
Farm Visit*
Commercial AC
Activities
associated with
agriculture*
B. Civil and Cultural
Cemetery P9 P9 P9 P9 P9 P9 P9 P9 CU P P9 P9 P9 P9
9
Clubhouses, and CU P P 10 CU
lodges*
Chapter 17.15 ALLOWED USES Page 28 of 72
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Cultural and CU
education
facilities
Libraries CU CU CU
Meeting facilities
Museums and CU CU P CU CU CU CU
galleries
Religious CU CU CU CU
institutions*
Schools, public CU CU CU CU CU CU
and private*
Interpretive
Center*
C. Commercial
Auction sales of P P
non-agriculture
products
Bank PA PA
Bed and CU CU CU CU CU CU CU C CU50 CU50 CU50
breakfast* U
Clinic* CU CU CU
12
Day care P/C P/C CU CU CU
facilities* Uso Uso
Funeral CU
home/mortuary
Chapter 17.15 ALLOWED USES Page 29 of 72
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Hospital*
Hospital, animal CU CU CU
or Veterinary*
Hotel/motel CU CU P CU52 CU52
Office* PA PA 1 PA PA 13
3
Restaurant PA PA P P P P
Retail sales,* P 47 p 14 p p 47 p 47 p 14
general
Retail sales,* p 15 p 15
lumber and
building materials
Retail sales,* PA
vehicles
Services P 44 P p 44 p 44
Shooting range* CU 3 CU 39
9
Tavern P P P P P
Temporary sales
office
Vehicle/equipme p 11 pig P 18 P 11 pig
nt service and
repair*
D. Industrial
Airport* CU CU45
Chapter 17.15 ALLOWED USES Page 30 of 72
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Asphalt/Concrete CU
plants
Explosives, CU CU CU
storage or
manufacture
Forest product P P CU CU CU
processing*
(portable)
Forest product CU CU CU CU
processing*
(permanent)
Freighting and
truckingyard or
terminal*
Hazardous waste CU
storage*
Hazardous waste
treatment*
Impound/Towing CU P 59 C
Yard* 59 U
59
Junkyard*
Manufacturing* P P
Mini-warehouse CU 2 P CU P 22 P 22 P
2 22
Refuse
disposal/recycle*
Chapter 17.15 ALLOWED USES Page 31 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Research CU P
laboratories
Wastewater
treatment
Warehousing and
distribution
Wholesale CU53 p53 P53
business
E. Recreation
Campgrounds CU CU 2 CU 2 CU CU CU 2
21 1 1 21 21 1
P5
6
Golf courses CU CU CU
Guest ranch or CU CU CU
guestfarm
Parks and P P P P P P P P P P P
playgrounds*
Recreation, P P P P P
indoor* 35
Recreation, CU CU P CU CU
outdoor* 35
Recreational P
vehicle park* 35
Recreational P
vehicle storage* 35
Chapter 17.15 ALLOWED USES Page 32 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD41 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Stadiums
Trails PA PA PA PA PA PA PA PA PA P PA PA PA PA
A
F. Residential
Accessory PA 2 PA 2 PA PA 24 P 25 P
dwelling unit 4 4 24 24
Adult family P41 P41 P4 P41 P41 P41 p4 p p41 p41 P41
home 1 1 41
Boarding house CU CU 3 CU
36 6 36
Community P P P P P P P P P P P P P
Residential
Facility
Convalescent CU CU
home
Dwelling, single- P P P P P P P P 25 P 25
family
Dwelling, two- P P P P 25 P P
family
Dwelling, CU P
multiple-family
Farm Labor CU 2 CU
Shelter 6 26
Family-Day Care P P P P P P P P P P P P P P
Provider
Chapter 17.15 ALLOWED USES Page 33 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD48 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Group Home CU
Facility*
Group Care CU CU
Home P/C P/C P/ P/C P/C P/C P/ P/C P/ P/ P/C P/CU 2 P/C P/C
Occupation U 27 U 28 CU U 28 U 28 U 28 CU U28 CU C U 28 8 U 28 U28
28 28 28 U
28
Manufactured P P P P P P P p25 P25
home
Manufactured CU5 CU CU57 P CU P P
home park 7 57 57
Mobile homes P 37 P 6 P
Non-accessory P P P P P P
storage structure
38 P-H P-3 P-H - - - - P, P-3a - -
dvveffin 8
Temporary P29 P29 P2 P29 P29 P29 P29 P2 P P29 P29 P29
trailers 9 9 29
G. Resource
Forestry* P P P
Forest product P
sales*
Mining and CU CU
excavation*
Rock crushing* CU CU
H. Utilities and Public Facilities
Chapter 17.15 ALLOWED USES Page 34 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.70.1 Rural LAMIRD Use Table
Rural
Employment
P Permitted Centers49,51
PA Permitted Rural LAMIRD48 (Type 3
Administrative (Type 1 LAMIRDs) LAMIRDs)
CU Conditional Hig Fo
Use Gen hw re Limi High
ACU Admin. Res eral ay Lig Gen st ted Gener way Ligh
Conditional Use Res ide Agri Co Co ht erat & Co at Co t
*See KCC ide nti Ru cult mm mm Ind Ind Ra P mm Com mm Indu
Chapter 17.08 D nti at rat ure erci erci ust ustr ng U er- merci erci stria
efinitions al 2 5 3 at at rial ial e D cial at at l
Electric vehicle P23 P23 P2 P23 P23 P23 P23 P23 p2 p P23 P23 P23 P23
infrastructure 3 3 35
Public facilities PA5 PA5 PA PA54 PA-54 PA 54 PA5 PA 54 PA P PA 54 PA 54 PA 54 PA 54,
4 4 54 4,32 54 A 32
4
Solar Power 58 58 58 58 58 58 58 58 58 58 58 58 58 58
Production
Facilities
Utilities P 33 p 33 p 3 p 33/ p 33/ p 33 p 33 p 33 p 3 p p 33/ p 33/A p 33/ p 33/
/AC /AC 3/ ACU ACU /AC /A /AC 3/ 33 ACU CU 33/ ACU ACU
U 33 U 33 AC 33/C 33/C U 33 CU U33/ AC /A 33/C CU 33 33/C 33/C
/CU /CU U33 U 33 U 33 /CU 33/ CU3 U33 C U 33 U 33 U33
33 33 /C 33 CU 3 /C U
U33 33 U33 33
/
C
U
33
Watershed PA PA PA PA PA PAPA PA PA P PA PA PA PA
management A
activities
Footnotes Associated with Rural LAMIRD Use Table.
1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided
that the lot contains one acre or more.
2. Limited to products produced on the premises.
3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted
outright.
4. Slaughterhouses require a conditional use permit.
Chapter 17.15 ALLOWED USES Page 35 of 72
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Footnotes Associated with Rural LAMIRD Use Table.
5. Provided the lot contains one acre or more.Agriculture production on smaller lots requires a conditional use
permit. Raising of swine and mink prohibited.
6. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas
County.Those units presently located in Kittitas County that are to be relocated within Kittitas County must
have a fire/life inspection approved bythe Washington State Department of Labor and Industries.Single family
and mobile homes located in Twin Pines Trailer Park,Central Mobile Home Park or Swiftwater shall be subject
to the provisions of KCC Chapter 17.24, Historic Trailer Court Zone.
7. When located no more than 45 feet from the centerline of the public street or highway and selling goods
produced on site.
8. Feedlots existing at the time of adoption of the ordinance codified herein may expand or be enlarged only in
compliance with standards and regulations contained herein, and such operations shall comply with all state
and/or county health regulations.
9. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries as of
the date of amendment adoption,and in compliance with applicable standards and regulations.
10. Not permitted in the Agriculture Study Overlay Zone.
11. Permitted when conducted whollywithin an enclosed building(excluding off-streetparking and loading areas).
12. Provided the minimum lot size shall be 15,000 square feet.
13. When the office activities are directly related to tourism and recreation.
14. Retail sales limited to groceries and sales of souvenirs,gifts,novelties,curios and handicraft products.Grocery
stores may not exceed ten thousand (10,000)square feet.
15. Any open storage shall be enclosed by a sight-obscuring fence not less than six feet and not more than seven
feet high.
16. Not to exceed two years.
17. Limited to farm implement repair and maintenance, but not to include automobiles,trucks or bikes
18. Limited to service stations, provided there shall be no repairing, repainting, reconstruction or sale of motor
vehicles from the premises.
19. Includes truck stop operations. Minor repair work permitted.
20. Because of considerations of odor,dust,smoke,noise,fumes,vibration or hazard,the following uses shall not
be permitted in the industrial zone unless a conditional use permit authorizing such use has been granted by
the Board:
a. All chemical manufacture,storage and/or packaging;
b. Asphalt manufacture, mixing,or refining;
c. Automobile dismantling,wrecking or junk yards;
d. Blast furnaces or coke ovens;
e. Cement, time,gypsum or plaster of Paris manufacture;
f. Drop forge industries;
g. Reduction or disposal of garbage,offal or similar refuse;
h. Oil refining;alternative energy refinery(i.e., biofuels, ethanol)
i. Rubber reclaiming;
j. Feed yards, livestock sales yards or slaughterhouses;
k. Smelting, reduction or refining of metallic ores;
L. Tanneries;
Chapter 17.15 ALLOWED USES Page 36 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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Footnotes Associated with Rural LAMIRD Use Table.
m. Wineries;
n. Manufacturing of industrial or household adhesives, glues, cements, or component parts thereof, from
vegetable,animal or synthetic plastic materials;
o. Waste(refuse)recycling and processing;
p. On-site and off-site hazardous waste storage and/or treatment. Off-site materials shall be accepted only
from Kittitas County source sites.
In considering the issuance of conditional use permits for the foregoing listed uses,the Board shall:
a. Assure that the degree of compatibility enunciated as the purpose of this title shall be maintained with
respect to the particular use on the particular site and in consideration of other existing and potential uses
within the general area in which such use is proposed to be located;
b. Recognize and compensate for variations and degree of technological processes and equipment as related
to the factors of noise, smoke, fumes, vibration, odors, and hazards. Unless substantial proof is offered
showing that such process and/or equipment has reduced the above factors so as to be negligible, use is
located not less than one thousand (1,000) feet from any church, school, park, playground or occupied
dwelling on the same lot or parcel as such use.
21. In considering proposals for location of campgrounds, the Board shall consider at a minimum the following
criteria:
a. Campgrounds should be located at sufficient distance from existing rural residential/residential
development so as to avoid possible conflicts and disturbances;
b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy
of nearby residences or interfere with normal traffic flow;
c. Landscaping or appropriate screening should be required and maintained where necessary for buffering;
d. Adequate and convenient vehicular access,circulation and parking should be provided;
e. Public health and safety of campers and those reasonably impacted by the campground (i.e., health,
water,sanitation).
22. The following standards shall apply to the approval and construction of mini-warehouses:
a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight
screening;
b. All buildings with storage units facing property boundaries shall have a minimum setback of 35 feet;
c. No commercial or manufacturing activities will be permitted within any building or storage unit;
d. Lease documents shall spell out all conditions and restrictions of the use;
e. Signs, other than on-site direction aids, shall number not more than two and shall not exceed 40 square
feet each in area;and
f. In Type 3 LAMIRDS,the use shall be conducted wholly within an enclosed building.
23. Subject to provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure.
24. Subject to the following requirements:
a. A maximum of two ADUs shall be allowed per lot;
b. ADUs must be able to comply with all applicable development standards;
c. The ADU shall not exceed 1,500 square feet;
d. All setback requirements for the zone in which the ADU is located shall apply;
e. The ADU shall meet the applicable health department standards for potable water and sewage disposal,
including providing adequate water supplies under RCW 19.27.097;
f. No mobile homes or recreational vehicles shall be allowed as an ADU;
Chapter 17.15 ALLOWED USES Page 37 of 72
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Footnotes Associated with Rural LAMIRD Use Table.
g. ADU development shall provide one off-street parking space per unit;
- itr Only one ADIJ is permitted on the same Lot where a special eare dwelling exists;
i. The ADU must share the same driveway as the primary dwelling;
j. ADUs shall be subject to obtaining an administrative permit.
25. No new residence shall be permitted except that related to the business or enterprises allowed in this zone
such as janitor or night watchman.Any such residence shall meet the requirements of the residential zone.
26. Provided that:
a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change
of ownership, if it remains in farm labor-needed status;
b. The shelters must conform with all applicable building and health regulations;
c. The number of shelters shall not exceed four per 20 contiguous acres of land area;
d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly
demonstrates the need for farm laborers;
e. Should the parent agriculture operation cease or convert to non-agriculture use, then the farm labor
shelters shall conform with all applicable building,zoning,and platting requirements or be removed
27. Home occupations with no outdoor activities or noise are permitted;home occupations with outdoor activities
or noise are a conditional use. Offices of a physician,dentist or other professional person when located in his
or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed
provided that no window display is made or any sign shown otherthan one(1)not exceedingtwo(2)square feet
in area and bearing only the name and occupation of the occupant.
28. Home occupations with no outdoor activities or noise are permitted;home occupations with outdoor activities
or noise are a conditional use. In Type 3 LAMIRDs, home occupations are allowed only in existing residences.
29. When used for temporary occupancy for a period not-to-exceed one year related to permanent home
construction or seasonal/temporary employment.
30. Noncommercial sand and gravel excavation is permitted for on-site use without a conditional use permit.
31. Permitted when located within an established mining district; requires conditional use permit outside an
established mining district.
32. Public transportation deadhead stations permitted; passenger terminals are a Conditional Use.
33. Utilities are defined and regulated by KCC Chapter 17.61, Utilities.
34. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study
Overlay Zone.
35. Where the use is only serving a residential PUD and where all applicable standards are met. Electric Vehicle
Infrastructure subject to KCC Chapter 17.66.
36. Maximum of four boarders and two bedrooms dedicated to the use.
37. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas
County.Those units presently located in Kittitas County that are to be relocated within Kittitas County must
have a fire/life inspection approved by the Washington State Department of Labor and Industries.
3-8- Subject to the foRowing requirementso
a-. The Special C)are Dwelling must rneet all setback requirements forthe zone in which located;
sewage disposia-l-,
Chapter 17.15 ALLOWED USES Page 38 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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Footnotes Associated with Rural LAMIRD Use Table.
ceases;Owner must record a notice to titie prior to the issuance of buaiding permit which indicates the restrietions
and removal recluirements,
f-. The speciai care dweRing tinit must be removed when the need for care
exists.g� A speciaL eare dwelling is not permitted on the same Lot where an accessory dwelling unit
ihr Park model trailers shall obtain the same buRding permit as for piacen-ielit Of 8 111811t1factured hon
-i-. Park rnodeL trailers shalt be inspected and approved by Washington State Department of Labor and
i
ndusthes.
39. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all
associated Kittitas County building codes and regulations. Shooting ranges may be operated in conjunction
with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic
inspection and certification as deemed necessary by the Kittitas County Sheriff's Department.Shooting ranges
in Type 1 LAMIRDS must be indoors. In considering proposals for the location of shooting ranges a detailed site
plan shall be required; the Hearings Examiner's review of said site plan and the proposal as a whole shall
include, but not be limited,to the following criteria:
a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural
products,and their property.
b. Adherence to the practices and recommendations of the"NRA Range Sourcebook."
c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at
Outdoor Shooting Ranges."
d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial significance
shall comply with RCW 36.70A.177(3)as currently existing or hereafter amended, and shall be limited to
lands with poor soils or those unsuitable for agriculture.
40. Outdoor recreation activities that cause noise require a conditional use permit.
41. Subject to provisions of RCW 70.128.140.
42. Use shall not exceed 10,000 square feet and no more than eight events shall occur within a calendar year.
43. Existing facilities are permitted; new facilities require a conditional use permit. Limited to agricultural
products.
44. Services limited to resource based industries, barbershops, beauty parlors, dry cleaning and laundry branch
offices,self-service laundry and cleaning,shoe repair shops and physical culture and health services.*
45. No new airports. Existing airports may expand or enlarge in compliance with applicable standards and
regulations.*
46. (Removed per Ord.2022-017,2022)
47. Permitted when conducted whollywithin an enclosed building(excluding off-streetparking and loading areas),
provided the use does not exceed 10,000 square feet.*
48. All allowed uses identified on this use table are subject to compliance with WAC 365-196-425.6.c.i. RCW
36.07A.070(5)(d)(i).*
49. All allowed uses identified on this use table are subject to compliance with WAC 365-196-425.6.c.iii RCW
36.70A.070(5)(d)(iii).*
50. Allowed only in existing residences.*
51. Any new Type 3 LAMIRD is required to be at least 1/2 mile from another Type 3 LAMIRD,and will permit only one
business and/or businesses associated with the primary business in the new LAMIRD Type 3.Type 3 LAMIRDs
existing as of 2014 are not limited to one business.*
52. Permitted only within existing Type 3 LAMIRDs.*
Chapter 17.15 ALLOWED USES Page 39 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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Footnotes Associated with Rural LAMIRD Use Table.
53. Wholesale activity will not exceed 4000 square feet in space.*
54. Pursuant to KCC Chapter 17.62, Public Facilities Permits.
55. Required to meet all the review criteria requirements for conditional use permits found in KCC§17.60A.015.
56. Limited to primitive campgrounds as defined by KCC§17.08.155A.
57. Subject to the following requirements:
a. Manufactured home parks shall require approval of a binding site plan pursuant to KCC Title 16.
b. Manufactured home park density shall not to exceed 12 units per acre. A minimum of five manufactured
home spaces shall be required per park.
c. Manufactured home parks shall provide not less than 10%of the gross area of the park for common open
space for the use of its residents.
d. Each manufactured home space shall have direct frontage on a public or private street.
e. The minimum setbacks shall be consistent with the zoning classification they are located in.
58. Pursuant to KCC§17.61C.050 and§17.61C.060.
59. Applies only to Snoqualmie Pass LAMIRD.
60. Day Care Facilities servicing 13 or more adults or children within a 24-hour period require a Conditional Use
Permit.All Day Care Facilities must comply with all State licensing requirements.
17.15.080 Allowed uses in urban lands.
17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial cial strial rial ge D
A.Agriculture
Animal CU ' CU CU CU
boarding*
Agricultural p49 p49
Enhanced Uses*
Agriculture P z P P 4 P 4 CU
processing*
Agriculture CU ' CU 5 P 5 P P P 4 P 4 PS
production*
Chapter 17.15 ALLOWED USES Page 40 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Agriculture P'/ P P'/
sales,* Produce AC4 AC46
Farm stand 6
Agriculture sales CU CU CU CU
Dairy
Feedlot* CU CU 8
a
Grazing* P P P P P P P P P P
Marijuana ACU4 AC
Processing* 3 U43
Marijuana ACU4 AC
Production* 3 U43
Marijuana, retail
sales*
Nurseries CU CU P P P P P P CU
Riding CU CU CU CU
Academies
Small-scale AC4 AC4 AC4 AC41
event facility* 1/C 1/C 1/C /CU
U U U
U-Cut/U-Pick P/
operation* AC4
4
Farm Visit* CU CU CU CU CU CU CU
Commercial AC AC
Activities
associated with
agriculture*
Chapter 17.15 ALLOWED USES Page 41 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
B. Civic and Cultural
Cemetery P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 P9 CU P
9
Clubhouses, AC AC P P P AC
fraternities and
lodges*
Cultural and CU
educational
facilities
Libraries CU P P
Meeting facilities
Museums and CU CU CU P " P CU
galleries
Religious CU CU CU CU
institutions*
Schools, public CU CU P P CU
or private*
Interpretive
Center*
C. Commercial
Auction sales of CU P CU
non-agriculture
products
Bank P P
Bed and AC AC AC
breakfast*
Clinic* CU 12
Chapter 17.15 ALLOWED USES Page 42 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Day care P/CU P/C CU P/C P/C CU CU CU CU
facilities* 51 U51 U51 U51
Funeral CU
home/mortuary
Hospital* CU CU P CU
Hospital, animal CU
or veterinary*
Hotel/motel P P P
Office* P P 13
Restaurant P P P P
Retail sales,* P 11 P 11 P 14 P
general
Retail sales,* P 15 P
lumber and
building
materials
Retail sales,* P P
vehicles
Services P 11 P 11 P 11
Shooting range* CU 6 CU 6
Tavern P P P
Temporary sales
office
Vehicle/ P18 P11 P19 P19
equipment
service and
repair*
D. Industrial
Chapter 17.15 ALLOWED USES Page 43 of 72
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Airport* CU CU CU CU
Asphalt/Concret CU
e plants
Compost Facility P P P
Explosives, CU CU
storage or
manufacture
Forest product P P P P
processing*
(portable)
Forest product CU CU
processing*
(permanent)
Freighting and CU P P CU
truckingyard or
terminal*
Hazardous CU CU CU
waste storage* 20
Hazardous CU CU CU
waste 20
treatment*
Impound/Towing ACU ACU P P
Yard*
Junkyard* CU CU
20
Manufacturing* P P P 20
Mini-Warehouse CU CU P " P " P CU 2
22 22 2
Chapter 17.15 ALLOWED USES Page 44 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Refuse CU CU CU
disposal/recycle 20
*
Research P P
laboratories
Wastewater
treatment
Warehousing PA43 PA43 PA43 PA PA PA PA43 PA43 PA43 P P PA43
and distribution 3 3 3
Wholesale P P P
business
E. Recreation
Campground* CU CU CU CU 21 CU 21 CU21
21 21 21 P 47
Golf course* CU CU CU CU
Guest ranch or AC AC AC AC
guest farm*
Parks and P P P P P P P P P
playgrounds*
Recreation, CU CU CU P P CU P
indoor* 35
Recreation, AC AC AC P 38 P 38 AC P
outdoor* 35
Recreational
vehicle park*
Recreational P
vehicle storage
Stadiums CU
Chapter 17.15 ALLOWED USES Page 45 of 72
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Tra i is PA PA PA PA PA PA PA PA PA PA PA PA P
A
F. Residential
Accessory PA 24 PA 24 PA 2 PA 2 PA 2 P 25 PA 24 P
dwelling unit* 4 4 4 A
24
Adult family P 40 P 40 P 40 P 40 P 40 P 40 P 40 P 40 P 40 P 40 P
home* 40
Boarding house P£bL--3 CU CU 3 P
6 36 6
Community P P P P P P P P P P P
Residential
Facility
Convalescent CU
home
Dwelling, single- P P P 39 P P P P p25 P P
family*
Dwelling, two- P P P P P25 P P
family*
Dwelling, AC P
multiple-family*
Farm labor CU2 CU26
shelter* 6
Family Day Care P P P P P P P P P P P
Provider
Group home* CU CU CU
Group Care CU CU
Facility*
Chapter 17.15 ALLOWED USES Page 46 of 72
Kittitas County Development Regulations Proposed Changes for Periodic Update 2026
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial ciat striat rial ge D
Home P/CU P/C P/C P/C P/C P/C P/
Occupation* 27 U28 U28 U28 U28 U28 C
U2
8
Manufactured P P P P P P P P P P
home*
Manufactured CU49 CU49 CU4 CU4 CU4 P CU49 C
home park 9 9 9 U4
9
Mobile home P 37 P 39 P 37 P 37 P
37
Non-accessory P 52 P 52 P 52 P 52 P 52 P 52 P 52 P
storage 52
structure
I-7 p-1-7 p-}7 p-}7 P-I-7 p-+7 - - - P-
> ing*
Temporary P29 p29 p29 p29 p29 p29 p29 p29 p29 p29 p29 C
trailer U
29
G. Resource
Forestry* P P P P
Forest product P
sales*
Mining and CU CU CU P
excavation* 30 31 31
Rock crushing" CU CU P
31 31
H. Utilities and Public Facilities
Chapter 17.15 ALLOWED USES Page 47 of 72
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17.15.080.1 Urban Use Table
P Permitted Urban
PA Permitted
Administrative
CU Conditional
Use Histo Ge
ACU Admin. Urb ric Agr Limit Gene High ner
Conditional Use an Trail i- ed rat way at Fore
*See KCC Resi Resi er cut Com Com Com Light Ind st& P
Chapter 17.08 D denti dent Cour tur Rur Rur merc merc mer Indu ust Ran U
efinitions at ial t e 3 al 3 al 5 ial ial cial strial rial ge D
Electric vehicle P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P
infrastructure* 10
Public fa c i lit i e s* PA46 PA46 PA46 PA4 PA4 PA4 PA46 PA46 PA32, PA46 PA4 PA46 P
6 6 6 46 6 A
6
Solar Power 50 50 50 50 50 50 50 50 50 50 50 50 50
Production
Facilities
Utilities P 33/A P 33/ P 33/ P 33/ P 33/ P 33/A P 33/A P 33/ P 33/A P 33/ P 33/ P
CU 33 ACU AC AC AC CU33/ CU33/ ACU CU 33 AC ACU 33/
/CU 3 33/C U 33 U 33 U 33 CU 33 CU 33 33/C /CU 3 U 33 33/C A
3 U 33 /CU /CU /CU U 33 3 /CU U 33 C
33 33 33 33 U
33/
C
U
33
Watershed PA PA PA PA PA PA PA PA PA PA PA P
management A
activities*
Footnotes Associated with Urban Use Table.
1. Limited to the keeping of horses or cattle for personal enjoyment of the owner or occupant of the lot, provided
that the lot contains one acre or more.
2. Limited to products produced on the premises.
3. Hay processing and small-scale processing of agricultural products produced on the premises are permitted
outright.
4. Feed yards, livestock sales yards,and slaughterhouses require a conditional use permit.
5. Provided the lot contains one acre or more. Agriculture production on smaller lots requires a conditional use
permit except for the raising of swine specific to youth educational projects. Raising of mink is prohibited.
a. Fencing and housing adequate to fully contain swine shall be provided when permitted.
Chapter 17.15 ALLOWED USES Page 48 of 72
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Footnotes Associated with Urban Use Table.
6. Structures and facilities associated with the operation of shooting ranges are permitted and subject to all
associated Kittitas County building codes and regulations. Shooting Ranges may be operated in conjunction
with other permitted or conditional uses for the specified zone. Shooting Ranges are subject to periodic
inspection and certification as deemed necessary by the Kittitas County Sheriff's Department. In considering
proposals for the location of Shooting Ranges a detailed site plan shall be required;the Board review of said site
plan and the proposal as a whole shall include, but not be limited to the following criteria:
a. The general health, safety, and welfare of surrounding property owners, their livestock, their agricultural
products,and their property.
b. Adherence to the practices and recommendations of the"NRA Range Sourcebook."
c. Adherence to the practices and recommendations of the "EPA Best Management Practices for Lead at
Outdoor Shooting Ranges."
d. Proposed shooting ranges in areas designated as agricultural land of long-term commercial significance
shall comply with RCW 36.70A.177(3)as currently existing or hereafter amended, and shall be limited to
lands with poor soils or those unsuitable for agriculture.
7. When located not less than 45 feet from the centerline of the public street or highway and selling goods
produced on site.
8. Feedlots existing at the time of adoption of the ordinance codified herein may expand or be enlarged only in
compliance with standards and regulations contained herein, and such operations shall comply with all state
and/or county health regulations.
9. No new cemeteries. Existing cemeteries may expand or enlarge within established cemetery boundaries as of
the date of amendment adoption,and in compliance with applicable standards and regulations.
10. Subject to provisions of KCC Chapter 17.66, Electric Vehicle Infrastructure.
11. Permitted when conducted wholly within an enclosed building(excluding off-street parking and loading areas).
12. Provided the minimum lot size shall be 15,000 square feet.
13. When the office activities are directly related to tourism and recreation.
14. Retail sales limited to groceries and sales of souvenirs,gifts,novelties,curios and handicraft products.Grocery
stores may not exceed four thousand(4,000)square feet.
15. Any open storage shall be enclosed by a sight-obscuring fence not less than six feet and not more than seven
feet high.
16. Not to exceed two years.
requirements:+7-. Subject to the foRowing
Located.-&. The special:care dweLLing must rneet aLL setback requirements for the zone in which
sewage disposaL.
b-. The special:care dwelling must rneet aLL applicable health department reeluirements for potabie water and
Unit.cl-. Owner must record a notice to title prior to the issuance of buRding permit which indicates the restrictions
and removal requirements.
e-. The special care dweRing tinit cannot be tised as a rental
ceases.f-. The special:care dweRing tinit must be removed when the need for care
g� A special care dweRing is not permitted on the same Lot where an accessory dwelling unit exists.
irPark model tra6lers shall obtain the same buRding permit as for piaeen-ient of a manufactured hon
-i-. Park model: trailers shaLL be hispeeted and approved by Washington State Department of Labor and
industries.
Chapter 17.15 ALLOWED USES Page 49 of 72
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Footnotes Associated with Urban Use Table.
18. Limited to service stations, provided there shall be no repairing, repainting, reconstruction or sale of motor
vehicles from the premises.
19. Includes truck stop operations. Minor repair work permitted.
20. Because of considerations of odor,dust,smoke, noise,fumes,vibration or hazard,the following uses shall not
be permitted in the industrial zone unless a conditional use permit authorizing such use has been granted by
the Board:
a. All chemical manufacture,storage and/or packaging;
b. Asphalt manufacture, mixing,or refining;
c. Automobile dismantling,wrecking or junk yards;
d. Blast furnaces or coke ovens;
e. Cement, time,gypsum or plaster of Paris manufacture;
f. Drop forge industries;
g. Reduction or disposal of garbage,offal or similar refuse;
h. Oil refining;alternative energy refinery(i.e., biofuels, ethanol)
i. Rubber reclaiming;
j. Feed yards, livestock sales yards or slaughterhouses;
k. Smelting, reduction or refining of metallic ores;
L. Tanneries;
m. Wineries;
n. Manufacturing of industrial or household adhesives, glues, cements, or component parts thereof, from
vegetable,animal or synthetic plastic materials;
o. Waste(refuse)recycling and processing;
p. On-site and off-site hazardous waste storage and/or treatment. Off-site materials shall be accepted only
from Kittitas County source sites. In considering the issuance of conditional use permits for the foregoing
listed uses,the Board shall:
In considering the issuance of conditional use permits for the foregoing listed uses,the Board shall:
a. Assure that the degree of compatibility enunciated as the purpose of this title shall be maintained with
respect to the particular use on the particular site and in consideration of other existing and potential uses
within the general area in which such use is proposed to be located;
b. Recognize and compensate for variations and degree of technological processes and equipment as related
to the factors of noise, smoke, fumes, vibration, odors and hazards. Unless substantial proof is offered
showing that such process and/or equipment has reduced the above factors so as to be negligible, use is
located not less than one thousand (1,000) feet from any church, school, park, playground or occupied
dwelling on the same lot or parcel as such use.
21. In considering proposals for location of such campgrounds,the Board shall consider at a minimum the following
criteria:
a. Campgrounds should be located at sufficient distance from existing rural residential/residential
development so as to avoid possible conflicts and disturbances.
b. Traffic volumes generated by such a development should not create a nuisance or impose on the privacy of
nearby residences or interfere with normal traffic flow.
c. Landscaping or appropriate screening should be required and maintained where necessary for buffering.
d. Adequate and convenient vehicular access,circulation and parking should be provided.
Chapter 17.15 ALLOWED USES Page 50 of 72
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Footnotes Associated with Urban Use Table.
e Public health and safety of campers and those reasonably impacted by the campground(i.e.,heath,water,
sanitation)
22. The following standards shall apply to the approval and construction of mini-warehouses:
a. A mini-warehouse proposal (application) must include plans for aesthetic improvements and/or sight
screening;
b. All buildings with storage units facing property boundaries shall have a minimum setback of 35 feet;
c. No commercial or manufacturing activities will be permitted within any building or storage unit;
d. Lease documents shall spell out all conditions and restrictions of the use;
e. Signs,other than on-site direction aids,shall number not more than two and shall not exceed 40 square feet
each in area;
23. Subject to all state and/or county health regulations and to regulations in this title, provided a minimum of one
acre is available. Excluding swine and mink.
24. Accessory dwelling unit(ADU)subject to the following requirements:
a. ADU development standards for properties located within the City of Ellensburg's Urban Growth Area shall
be subject to the Interlocal Agreement established in Resolution 2022-013 and any subsequent
amendments therein;
b. There shall be no more than two ADUs on the lot;
c. The ADU shall not exceed 1,500 square feet;
d. All setback requirements for the zone in which the ADU is located shall apply;
e. The ADU shall meet the applicable health department standards for potable water and sewage disposal,
including providing adequate water supplies under RCW 19.27.097;
f. No mobile homes or recreational vehicles shall be allowed as an ADU;
g. ADU development shall require one additional off-street parking space per unit;
i-r An ADIJ is not permitted on the same lot where a special Care dweRing exists;
i. ADUs shall be subject to obtaining an administrative permit;
j. Legally established structures that are non-conforming due to inadequate setbacks may be converted to
ADUs with applicable building permits.
25. No new residence shall be permitted except that related to the business or enterprises allowed in this zone such
as janitor or night watchman.Any such residence shall meet the requirements of the residential zone.
26. Provided that:
a. The shelters are used to house farm laborers on a temporary or seasonal basis only, regardless of change
of ownership, if it remains in farm labor-needed status;
b. The shelters must conform with all applicable building and health regulations;
c. The number of shelters shall not exceed four per 20 contiguous acres of land area;
d. The shelters are owned and maintained by the owner or operator of an agricultural operation which clearly
demonstrates the need for farm laborers;
e. Should the parent agriculture operation cease or convert to non-agriculture use, then the farm labor
shelters shall conform with all applicable building,zoning,and platting requirements or be removed
27. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities
or noise are a conditional use. Offices of a physician, dentist or other professional person when located in his
or her dwelling as well as home occupations engaged in by individuals within their dwellings are allowed
provided that no window display is made or any sign shown other than one(1)not exceeding two(2)square feet
in area and bearing only the name and occupation of the occupant.
Chapter 17.15 ALLOWED USES Page 51 of 72
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Footnotes Associated with Urban Use Table.
28. Home occupations with no outdoor activities or noise are permitted; home occupations with outdoor activities
or noise are a conditional use. No sign advertising a home occupation shall exceed sixteen (16) square feet in
size.
29. When used for temporary occupancy for a period not to exceed one year related to permanent home
construction or seasonal/temporary employment.
30. Noncommercial sand and gravel excavation is permitted for on-site use without a conditional use permit.
31. Permitted when located within an established mining district; requires conditional use permit outside an
established mining district.
32. Public transportation deadhead stations permitted; passenger terminals are a conditional use.
33. Utilities are defined and regulated by KCC Chapter 17.61, Utilities.
34. Utilities are defined and regulated by KCC Chapter 17.61, Utilities. Not permitted in the Agriculture Study
Overlay Zone.
35. Where the use is only serving a residential PUD and where all applicable standards are met.
36. Maximum of four boarders and two bedrooms dedicated to the use.
37. As of September 1, 1998, mobile homes are no longer allowed to be transported and placed within Kittitas
County.Those units presently located in Kittitas Countythat are to be relocated within Kittitas County must have
a fire/life inspection approved by the Washington State Department of Labor and Industries.
38. Outdoor recreation activities that cause noise require a conditional use permit.
39. Pursuant to KCC Chapter 17.24, Historic Trailer Court Zones.
40. Pursuant to RCW 70.128.140.
41. Use shall not exceed 10,000 square feet and no more than eight events shall occur within a calendar year.
42. Limited to seasonal, non-structural hay storage.
43. Required to meet all the review criteria requirements for conditional use permits found in KCC§17.60A.015.
44. An administrative conditional use permit is required when enhanced agricultural sales or sales of goods
produced offsite are provided and/or when the farm stand is located more than forty-five (45) feet from the
centerline of the public street or highway.
45. When enhanced agricultural sales are provided.
46. Pursuant to KCC Chapter 17.62, Public Facilities Permits.
47. Limited to primitive campgrounds as defined by KCC§17.08.155A.
48. Agricultural Enhanced Uses which include eating and drinking establishments and/or event facilities for
seminars or other social gatherings are limited to 10,000 square feet of total indoor floor area.
49. Subject to the following requirements:
a. Manufactured home parks shall require approval of a binding site plan pursuant to KCC Title 16.
b. Manufactured home park density shall not to exceed 12 units per acre. A minimum of five manufactured
home spaces shall be required per park.
c. Manufactured home parks shall provide not less than 10%of the gross area of the park for common open
space for the use of its residents.
d. Each manufactured home space shall have direct frontage on a public or private street.
e. The minimum setbacks shall be consistent with the zoning classification they are located in.
50. Pursuant to KCC§17.61C.050 and§17.61C.060.
51. Day Care Facilities servicing 13 or more adults or children within a 24-hour period require a conditional use
permit.All day care facilities must comply with all State licensing requirements.
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Footnotes Associated with Urban Use Table.
52. Permissions and standards for projects developed within the City of Ellensburg Urban Growth Area are subject
to KCC Chapter 17.11 Urban Growth Areas and the most recent version of the Kittitas County/City of Ellensburg
Interlocal Agreement.
53. Boarding House(Co-Living)the following exceptions shall apples
a. No room dimensional standards are required beyond what is required under building code.
b.Co-living parking requirement is 0.25 off-street parking spaces per sleeping unit.
c. Density calculation for co-living spaces is one-quarter of a dwelling unit for every sleeping unit.
Chapter 17.15 ALLOWED USES Page 53 of 72
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Chapter 17.16 R-RESIDENTIAL
17.16.030 Minimum lot requirements.
1. Minimum lot sizes in the R zone are as follows:
a. Single family dwelling, seven thousand two hundred (7,200) square feet;
b.Two (2)family dwelling, ten thousand (10,000) square feet.
2. The minimum lot depth shall be one hundred (100) feet.
3. The minimum average lot width shall be sixty-five (65)feet.
4. In no ease shaLL there be more than one (1) main dweRing and its aecesser
buildings constructed on one (1) lot uniess such lot is greater than twice the
5. No main dwelling shall be built or moved on to a lot not abutting a public street,
with the exception of special cases where the county may approve other suitable
access.
6.Affordable housing projects.Affordable housing projects for single-family,
duplex, and multi-family on property owned by a religious organization located in an
urban growth area may be eligible for a density up to 20%additional units above the
maximum density calculated for the Lot, pursuant to a development agreement.
17.16.110 Off-street parking.
1. One automobile parking space shall be provided for each dwelling unit and shall
be located to the rear of the building setback line.
2. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.16 R-RESIDENTIAL Page 54 of 72
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.16.120 Ralf Existing Residential Exceptions.
1. A portion of exterior wall assemblies that includes insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.18 R-2 RESIDENTIAL
17.16.090 Repel Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.18 R-2 RESIDENTIAL Page 55 of 72
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.16.010 Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.19 R-3 RURAL-3 ZONE
17.19.070 Repeated. Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.19 R-3 RURAL-3 ZONE Page 56 of 72
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.19.080 RepeaLed. Existing Residential Exceptions.
4. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
5. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
6. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.20 RR RURAL RESIDENTIAL ZONE
Chapter 17.22 UR-URBAN RESIDENTIAL
17.22.030 Lot-Size required.
1. This provision shall not apply to the Airport Overlay.
2. Minimum lot sizes in the UR zone are as follows:
a. Single family dwelling, seven thousand two hundred (7,200) square feet.
b.Two (2)family dwelling, ten thousand (10,000) square feet.
3. All lots of record at the time of passage of the ordinance codified in this chapter shall be
considered as conforming to lot size requirements.
Chapter 17.20 RR RURAL RESIDENTIAL ZONE Page 57 of 72
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4.Affordable housing projects.Affordable housing projects for single-family, duplex, and
multi-family owned by a religious organization located in an urban growth area are eligible
for a density up to 30% additional units above the maximum density calculated for the lot.
17.22.090 Repeated. Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.22.100 Repealed. Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.22 UR-URBAN RESIDENTIAL Page 58 of 72
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Chapter 17.24 H-T-C HISTORIC TRAILER COURT ZONES
17.24.060 Repealed. Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
17.24.070 Off-street parking.
1. For each mobile home lot there shall be provided and maintained at least one (1) parking
space. Each such parking space shall contain a minimum area of one hundred eighty(180)
square feet (of dimensions nine (9)feet by twenty(20) feet, or ten (10)feet by nineteen (19)
feet) and shall be hard surfaced. If central parking lots are provided, they shall be hard
surfaced and each space separated by striping or other adequate means and identified to
the official lot number of the occupant and reserved for his sole use.
2. Parallel parking may be permitted in driveways at the approval of the planning
commission providing the improved driveway width is increased to a minimum of thirty-six
(36)feet.
3. Where lots exist on only one (1) side of the driveway, parallel parking may be permitted
on one (1) side at the approval of the Commission providing the driveway width is
increased to a minimum of twenty-eight (28)feet.
4. Residential Parking Exceptions.
i. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
j. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
k. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
1. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.24 H-T-C HISTORIC TRAILER COURT ZONES
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
m. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
n. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
o. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
p. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
Chapter 17.28 A-3 AGRICULTURAL 3 ZONE
17.28.130 Repe Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
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g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.28.130 Repealer Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls, which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.28A A-5 AGRICULTURE ZONE
17.28A.130 Repeaied Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
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f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.28A.140 Repealed. Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls, which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.29 A-20 AGRICULTURE ZONE
17.29.130 Repeated. Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
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e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.29.140 Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls, which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.30A R-5 RURAL-5 ZONE
17.30A.070 Rope el Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
Chapter 17.30A R-5 RURAL-5 ZONE Page 63 of 72
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e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.30A.080 Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls, which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.31 CA COMMERCIAL AGRICULTURE ZONE
17.31.120 Roes Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.31 CA COMMERCIAL AGRICULTURE ZONE
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.31.130 Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.32 C-L LIMITED COMMERCIAL ZONE
17.32.120 Off-street parking.
1. Residential Parking Exceptions.
a. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
b. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
c. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
d. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
Chapter 17.32 C-L LIMITED COMMERCIAL ZONE
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in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
e. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
f. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
g. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
h. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.33.130 Existing Residential Exceptions.
1. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
2. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
3. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.38 MAJOR INDUSTRIAL DEVELOPMENTS (MID)
17.38.010 Purpose.
The purpose of this chapter is to establish criteria and procedures for major industrial
developments on properties that are appropriate for such development, as determined by
the Board and consistent with county comprehensive plan policies and RCW 36.70A.365.
17.38.020 Applicability
Major industrial developments apply to land outside of urban growth areas that require
land so large that no suitable parcels are within an urban growth area or the development
is a natural resource-based industry requiring a location near agricultural land, forestland,
or mineral resource land upon which it is dependent.
17.38.030 Definitions.
Chapter 17.38 MAJOR INDUSTRIAL DEVELOPMENTS (MID)
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1.The following definitions shall be used in conjunction with the administration of
this chapter:
"Major industrial development", consistent with RCW 36.70A.365, means a master
planned location for a specific manufacturing, industrial, or commercial business
that: (a) Requires a parcel of land so large that no suitable parcels are available
within an urban growth area; or U is a natural resource-based industry requiring a
location near agricultural land, forestland, or mineral resource land upon which it is
dependent.The major industrial development shall not be for the purpose of retail
commercial development or multitenant office parks.
17.38.040 Development Standards.
1. Location.A site for major industrial development activity may be located outside
a designated urban growth area subject to the criteria and process in this Chapter.
There is no minimum site size for a Major Industrial Development.
2. Uses.Allowed uses within an MID shall be predominantly industrial,
manufacturing or natural resource-based in character. Commercial uses that
support allowed uses located within a MID are also allowed. Uses authorized for a
MID shall be included and defined within the development agreement.
3. Buffers/Open Space.The MID shall contain setbacks and open space that will
serve to separate and buffer the MID from adjacent rural areas or resource lands
and to protect critical areas. Setbacks and open space shall be defined within the
development agreement;
4. Services and Facilities:The MID shall provide facilities and services necessary to
meet the on-site needs of businesses and employees, including but not limited to
water, sanitary sewer, drainage, power, telecommunications and solid waste;
17.38.050 Applications/approvals required for new major industrial developments.
1.A major industrial development may be authorized by the county only through
approval by the Board of a development agreement as authorized by KCC Chapter
15A.11, Development Agreements, and RCW 36.70B.170 through 36.7013.210.
Consistent with KCC 15A.11.020(B) and RCW 36.70B.170, the development
agreement approved by the Board must set forth the development standards
applicable to the development of a specific major industrial developments,which
may include, but are not limited to: (1) permitted uses, densities and intensities of
uses, and building sizes; (2) phasing of development, if requested by the applicant;
Chapter 17.38 MAJOR INDUSTRIAL DEVELOPMENTS (MID)
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(3) procedures for review of site-specific development plans; (4) provisions for
services and facilities applicable to major industrial developments; (5) mitigation
measures imposed pursuant to the State Environmental Policy Act, Chapter 43.21 C
RCW, and other development conditions; and (6) other development standards
including those identified in KCC 15A.11.020(E) and RCW 36.70B.170(3).
2. Required applications/approvals. In addition to approval of a MID development
permit and a development agreement as set forth in section 1, a major industrial
development shall require the following approvals from the county: W a site-
specific amendment of the comprehensive plan land use designation map to major
industrial development; provided,that the sub-area planning process described in
Chapter 1 of the county comprehensive plan and KCC Chapter 15B.03,
Amendments to Comprehensive Plan, may be used if deemed appropriate by the
applicant and county; and (2) a site-specific rezone of the county zoning map to
major industrial development overlay zoning district pursuant to KCC Chapter
17.98,Amendments.The comprehensive plan amendment or subarea plan and
rezone may be processed by the county concurrent with the major industrial
development permit and development agreement required for approval of a major
industrial development.
3. Planned actions authorized. If deemed appropriate by the applicant and the
county, a major industrial development project may be designated by the county as
a planned action pursuant to the provisions of KCC Chapter 15A.09, Planned
Actions.
17.38.060 Applications/approvals required for existing major industrial developments.
1. Designation.An existing major industrial development may be designated by the county
as a major industrial development, consistent with RCW 36.70A.365, RCW 36.70A.367,
RCW 36.70A.368 through approval of a sub-area plan, development plan, and adoption of
an MID zoning overlay. The sub-area plan, development plan, and applicable zoning shall
establish the range of uses, and the density, intensity and character of development that is
permitted within the development.
2. Development applications. Following designation of the site as an MID, a property owner
may submit a site-specific development application to the County.A development
agreement, consistent with KCC Chapter 15A.11 and RCW 36.7013.170, may be submitted
in conjunction with each development application.
Chapter 17.38 MAJOR INDUSTRIAL DEVELOPMENTS (MID)
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3. Environmental review pursuant to the State Environmental Policy Act(SEPA, RCW
43,21 C), shall occur and shall address significant impacts associated with development
and redevelopment of the existing development.
Chapter 17.40 C-G GENERAL COMMERCIAL ZONE
17.40.110 Repel Off-street parking.
1. Residential Parking Exceptions.
i. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
j. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
k. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
1. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
m. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
n. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
o. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
p. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.40.120 Existing Residential Exceptions.
4. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
Chapter 17.40 C-G GENERAL COMMERCIAL ZONE
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5. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
6. Gross floor area shall be measured from the interior face of the exterior walls,which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.44 C-H HIGHWAY COMMERCIAL ZONE
17.44.070 RepeaLed. Off-street parking.
1. Residential Parking Exceptions.
q. Garages are not required to meet minimum parking spaces required in Table
17.11.039(4)(a)(i).
r. Parking spaces that count towards minimum parking requirements may be
enclosed or unenclosed.
s. Tandem parking spaces must count towards meeting minimum parking
requirements at a rate of one space for every 20 linear feet with any
necessary provisions for turning radius.
t. Existence of legally nonconforming gravel surfacing in existing designated
parking areas may not be a reason for prohibiting utilization of existing space
in the parking area to meet local parking standards, up to a maximum of six
parking spaces.
u. Parking space sizes shall be eight feet by 20 feet, except for required parking
for people with disabilities.
v. Off-street parking is not required as a condition of permitting a residential
project if compliance with tree retention would otherwise make a proposed
residential development or redevelopment infeasible.
w. Parking spaces that consist of grass block pavers may count toward
minimum parking requirements.
x. Existing parking spaces that do not conform to the requirements of this
section by June 6, 2024, are not required to be modified or resized, except for
compliance with the Americans with Disabilities Act. Existing paved parking
lots are not required to change the size of existing parking spaces during
resurfacing if doing so will be more costly or require significant
reconfiguration of the parking space locations.
17.44.060 Existing Residential Exceptions.
Chapter 17.44 C-H HIGHWAY COMMERCIAL ZONE
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7. A portion of exterior wall assemblies that include insulation shall be allowed to
project up to an additional eight inches into the setbacks on all sides.
8. A building shall be allowed to exceed the maximum allowable roof height by eight
inches to accommodate additional insulation.
9. Gross floor area shall be measured from the interior face of the exterior walls, which
includes drywall, as typically depicted on the architectural floor plans.
Chapter 17.44 C-H HIGHWAY COMMERCIAL ZONE
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Chapter 17.80 NONCONFORMING USES
17.80.010 Changes to conform to district.
A nonconforming structure or use may not be changed, altered, replaced, added to or
expanded in any manner unless such change or alteration would bring the use into
conformity with the uses permitted in the district in which it is located. Such limitations
and restrictions shall not apply to existing residential dwellings, and commercial
nonconforming uses which would qualify for a one-time expansion up to 10% of existing
building area. Nonconforming residential structures shall not be remodeled or expanded in
a manner that increases non-conformity.
17.80.020 Destruction - Rebuilding to conform to district.
In case of partial or complete destruction by fire or other causes requiring expenditures for
repair in excess of one-half the assessed value as shown on the county assessor's records
immediately prior to destruction, the structures, other than residential dwellings, shall not
be rebuilt unless they conform to all requirements of the district in which they are located.
17.80.030 Discontinuance over three year- Reestablishment prohibited.
If a nonconforming use is discontinued for any reason for more than three years, it shall not
be reestablished.
17.80.040 Maintenance.
Any nonconforming structure or use may be maintained with ordinary care.
17.80.050 Setback Exceptions.
For existing nonconforming buildings already projecting into setbacks, the portion of
exterior wall assemblies that include insulation is allowed to project up to an additional
eight inches into the setbacks on all sides if the building is to be used for residential
housing.
Chapter 17.80 NONCONFORMING USES Page 72 of 72
:10- FAC ET
TECHNICAL MEMORANDUM
Date: March 23, 2026
To: Chad Bala, Community Development Services Director, Kittitas County
Jamey Ayling, Planning Manager, Kittitas County
From: Kyle Cotchett, Environmental Planner, Facet
Dan Nickel, Principal of Planning, Facet
Project Name: Kittitas County Comprehensive Plan Periodic Update
Facet Number: 2402.0429.00
2026 Periodic Comprehensive Plan Update — Draft
Critical Areas Ordinance Memorandum
Project Description and Background
The Growth Management Act(GMA) requires all cities and counties in Washington to adopt
regulations protecting "critical areas". Regulated critical areas include wetlands, aquifer recharge areas,
fish and wildlife habitat conservation areas,frequently flooded areas, and geologically hazardous areas.
The intention of these regulations is to preserve the natural environment,wildlife habitats, and sources
of fresh drinking water,while also encouraging public safety by limiting development in areas prone to
natural hazards.
The Washington State Growth Management Act(GMA) requires Kittitas County to update its
Comprehensive Plans and implementing development regulations every 10 years(RCW 36.70A.130).As
part of that update,the County is required to evaluate and, if needed, revise its Critical Areas Ordinance
(CAO). Kittitas County's Comprehensive Plan underwent a complete update in 2021. Kittitas County
adopted a new CAO on December 7, 2021,which was implemented on February 7, 2022. Following a
settlement process with the Yakima Nation,the County adopted Ordinance No. 2025-006, amending
the CAO on July 1, 2025.
Kittitas County is in the process of conducting its 2026 periodic update and simultaneously is in the
process of completing the periodic review of its CAO.The proposed changes to the CAO seek to align
with the best available science and to update the code for clarity and efficiency.
SUMMARY OF CRITICAL AREA ORDINANCE CHANGES
As required by the Washington State GMA,the review of the Best Available Science(BAS)was compiled
to support Kittitas County's CAO update, a component of comprehensive updates to the land use and
development code. BAS means the current and best available information that follows a valid scientific
process as specified in WAC 365-195-900 through WAC 365-195-900. In addition to BAS, Facet
SEATTLE I KIRKLAND I BURLINGTON I WHIDBEY ISLAND I FEDERAL WAY I SPOKANE
facetnw.com
provided the County with a Gap Analysis,which reviewed the current critical areas regulations and
evaluated gaps in consistency between them and BAS or the GMA.This document also included
recommendations for improvements to general aspects of the CAO. Prior to the completion of the
settlement process with the Yakima Nation, Facet completed a Gap Analysis of the 2021 adopted CAO.
Following receipt of the 2025 CAO adopted as part of the settlement, Facet reviewed the updated code
against its original Gap Analysis recommendations and issued an addendum identifying which
recommendations remain applicable.
Considering the adoption of an updated CAO in 2025, Facet's proposed changes are minor in nature
and focus on clarity, consistency, and ease of use.The draft Critical Area Ordinance updates are
described below.
Exemptions (KCC 17A.01.050)
Limited edits to this section clarify no net loss principles, separate provisions related to forest practices
and noxious weed control and removal, and the addition of a provision allowing repair and
maintenance of legally established nonconforming uses or structures.
Non-conforming structures and uses (KCC 17A.01.070)
Minor language edits were made to clarify the relationship between the exemption for repair and
maintenance of non-conforming uses or structures in KCC 17A.01.050 and the allowances within this
subsection.
Definitions (KCC 17A.02)
Non-substantive changes were made to the definitions of"erosion hazard areas", "fish and wildlife
habitat conservation areas", "qualified professional"to better align with the WAC and state guidance.
Critical Aquifer Recharge Areas (KCC 17A.03)
Minor changes were made to this chapter to include clarification of adherence to requirements to
federal and state regulations as well as the inclusion of granting the Director the ability to impose
additional conditions to protect the quality and quantity of groundwater.
Fish and Wildlife Habitat Conservation Areas (KCC 17A.04)
Non-substantive changes were made to clarify upland habitat buffer requirements as well as the
minimum mitigation ratio to be implemented for impacts to buffers and riparian management zones.
Wetlands (KCC 17A.07)
Minor changes were made to clarify the use of mapping resources and to codify the U.S.Army Corps of
Engineers'delineation manual.To align with state guidance and ensure adequate function,the code
was updated to clarify the assumed vegetated condition of wetland buffers and to grant the Director
discretionary authority to require revegetation or buffer widening.Additional updates to align with
state guidance include expanded provisions for allowed buffer uses and the inclusion of"preservation"
in Table 17A.07.070.6,Wetland Mitigation Ratios.
�\ FACET KITTITAS COUNTY COMPREHENSIVE PLAN PERIODIC UPDATE
DRAFT CRITICAL AREAS ORDINANCE MEMORANDUM / 2
Kittitas County,WA
Exhibit A
Title 17A
CRITICAL AREAS
Chapter 17A.01 § 17A.02.110. Avalanche hazard.
GENERAL PROVISIONS § 17A.02.120. Avulsion.
§ 17A.02.125. Bank(of a water body).
§ 17A.01.010. Purpose and intent. § 17A.02.130. Best available science.
§ 17A.01.020. Authority. § 17A.02.140. Buffer.
§ 17A.01.030. Applicability. § 17A.02.150. Channel migration zone.
§ 17A.01.040. Regulated alterations and § 17A.02.155. Clearing.
development.
§ 17A.02.160. Critical aquifer recharge areas.
§ 17A.01.050. Exemptions. § 17A.02.170. Critical areas.
§ 17A.01.060. Exceptions.
§ 17A.02.200. Cumulative impacts.
§ 17A.01.070. Non-conforming structures and
§ 17A.02.210. Dam.
uses.
§ 17A.01.080. Critical areas reports. § 17A.02.220. Development.
§ 17A.01.090. General protective measures. § 17A.02.230. Director.
§ 17A.01.100. Critical areas mitigation.
§ 17A.02.240. Dry well.
§ 17A.01.110. Review process. § 17A.02.250. Ecological functions.
§ 17A.01.120. Relationships to other § 17A.02.260. Emergency activities.
regulations. § 17A.02.270. Enhancement.
§ 17A.01.130. Best available science. § 17A.02.280. Erosion.
§ 17A.01.150. Critical areas report review § 17A.02.290. Erosion hazard areas.
and determination. § 17A.02.300. Feasible.
§ 17A.01.170. Enforcement. § 17A.02.310. Feedlot.
§ 17A.01.190. Severability. § 17A.02.320. Fill.
§ 17A.02.330. Fish and wildlife habitat
Chapter 17A.02 conservation areas.
DEFINITIONS § 17A.02.335. Floodplain.
§ 17A.02.340. Floodway.
§ 17A.02.010. Generally. § 17A.02.345. Forester.
§ 17A.02.020. Adjacent. § 17A.02.347. Forest land.
§ 17A.02.030. Agricultural activities. § 17A.02.350. Frequently flooded areas.
§ 17A.02.040. Agricultural activities,high § 17A.02.360. Geologically hazardous areas.
intensity. § 17A.02.370. Geotechnical analysis or
§ 17A.02.050. Agricultural land. geotechnical report.
§ 17A.02.060. Alluvial fan. § 17A.02.380. Grading.
§ 17A.02.070. Alteration. § 17A.02.390. Groundwater.
§ 17A.02.080. Anadromous fish. § 17A.02.400. Habitats of local importance.
§ 17A.02.090. Applicant. § 17A.02.405. Hazard tree.
§ 17A.02.100. Aquifer. § 17A.02.406. Hazard tree determination
§ 17A.02.102. Arborist. report.
§ 17A.02.104. Area of special flood hazard. § 17A.02.410. Hazardous substances.
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Kittitas County,WA
KITTITAS COUNTY CODE
§ 17A.02.430. Hydric soil. § 17A.02.820. Waters of the State.
§ 17A.02.440. Hyporheic zone. § 17A.02.830. Wellhead protection area.
§ 17A.02.450. Impervious surface. § 17A.02.840. Wetland.
§ 17A.02.460. In-stream structure.
§ 17A.02.470. Landslide hazard areas. Chapter 17A.03
§ 17A.02.480. Mine hazard areas. CRITICAL AQUIFER RECHARGE AREAS
§ 17A.02.490. Mining. (CARAS)
§ 17A.02.500. Mitigation sequencing.
§ 17A.03.010. Purpose and intent.
§ 17A.02.510. Monitoring.
§ 17A.03.020. Designation, and mapping.
§ 17A.02.520. Native growth protection area.
§ 17A.03.030. Applicability.
§ 17A.02.530. Native vegetation. § 17A.03.040. Protection standards.
§ 17A.02.540. Naturally occurring ponds.
§ 17A.03.050. Reporting.
§ 17A.02.550. Nonconformity.
§ 17A.02.560. Ordinary high water mark Chapter 17A.04
(OHWM). FISH AND WILDLIFE HABITAT
§ 17A.02.570. Permeability. CONSERVATION AREAS
§ 17A.02.590. Priority habitat.
§ 17A.02.600. Priority species. § 17A.04.010. Purpose and intent.
§ 17A.02.610. Public facilities. § 17A.04.020. Designation,and mapping,and
§ 17A.02.620. Qualified professional. classification.
§ 17A.02.630. Rehabilitation. § 17A.04.030. Riparian management zones
§ 17A.02.640. Repair or maintenance. and buffers.
§ 17A.02.650. Restore or restoration. § 17A.04.040. General protection standards.
§ 17A.02.660. Riparian. § 17A.04.050. Permitted alterations and
§ 17A.02.665. Riparian management zone(s). development.
§ 17A.02.670. Seismic hazard areas. § 17A.04.060. Reporting.
§ 17A.02.680. Setback. § 17A.04.070. Mitigation requirements.
§ 17A.02.690. Shorelines of the state.
§ 17A.02.700. Shorelines of statewide Chapter 17A.05
FREQUENTLY FLOODED AREAS
significance.
§ 17A.02.710. Shrub-steppe. § 17A.05.010. Purpose and intent.
§ 17A.02.712. Significant adverse impact. § 17A.05.020. Classification,designation, and
§ 17A.02.715. Site Potential Tree Height mapping.
(SPTH). § 17A.05.030. Protection standards.
§ 17A.02.720. Soft armoring. § 17A.05.040. Reporting.
§ 17A.02.730. Species of local importance. § 17A.05.050. Compensatory mitigation
§ 17A.02.740. Streams. requirements.
§ 17A.02.750. Stream or water type.
§ 17A.02.760. Structure. Chapter 17A.06
§ 17A.02.770. Unavoidable. GEOLOGICALLY HAZARDOUS AREAS
§ 17A.02.780. Volcanic hazard areas.
§ 17A.02.790. Watercourse. § 17A.06.010. Purpose and intent.
§ 17A.02.800. Water quality.
§ 17A.02.810. Water system.
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Kittitas County,WA
CRITICAL AREAS
§ 17A.06.020. Designation, classification, and Chapter 17A.07
mapping. WETLANDS
§ 17A.06.030. General protection standards.
§ 17A.06.040. Landslide hazard area § 17A.07.010. Purpose and intent.
standards. § 17A.07.020. Designation, mapping,
§ 17A.06.050. Erosion hazard area standards. delineation, and categorization.
§ 17A.06.060. Alluvial fan hazard standards. § 17A.07.030. Buffers.
§ 17A.06.070. Seismic hazard standards. § 17A.07.040. General protection standards.
§ 17A.06.080. Volcanic hazard areas. § 17A.07.050. Alterations and development
§ 17A.06.090. Mine hazard areas. permitted without a critical
§ 17A.06.100. Reporting. areas report.
§ 17A.07.060. Reporting.
§ 17A.07.070. Mitigation requirements.
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Kittitas County,WA
§ 17A.01.010 CRITICAL AREAS § 17A.01.030
CHAPTER 17A.01
GENERAL PROVISIONS
§ 17A.01.010. Purpose and intent.
The purpose of this Title is to establish regulations pertaining to development which protect designated
critical areas, as defined by the Washington State Growth Management Act (GMA) (RCW 36.70A). The
GMA requires the use of"best available science," also as defined in that law, in developing policies and
development regulations to protect the functions and values of critical areas, in addition to, giving special
consideration to conservation or protection measures necessary to preserve or enhance anadromous
fisheries. GMA-designated critical areas, all of which are present in Kittitas County, include: Critical
aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically
hazardous areas,and wetlands. The regulations of this Title are intended to:
1. Provide for no net loss of the function and values of critical areas;
2. Conserve,protect, and;where feasible,restore critical areas and their functions and values;
3. Protect unique, fragile and/or valuable elements of the environment, including ground and surface
waters, anadromous fish species, and other fish and wildlife and their habitats;
4. Protect the public health, safety, and general welfare from hazards associated with critical areas;
5. Further the goals and objectives of the Kittitas County Comprehensive Plan and all of its elements;
6. Implement the goals and requirements of the Washington Growth Management Act (RCW Chapter
36.70A);
7. Allow for reasonable use of all properties in Kittitas County.
(Ord. 2021-016,2021)
§ 17A.01.020. Authority.
1. As provided herein,the Director or his/her designee is given the authority to interpret and apply, and
the responsibility to enforce this Title to accomplish the stated purpose.
2. The County may withhold, condition, or deny permits and/or approvals for development and
alterations to ensure that the proposed development is consistent with this Title.
(Ord. 2021-016,2021)
§ 17A.01.030. Applicability.
1. Except as provided in subsection 3 and 4 below,the provisions of this Title shall apply to any alteration
or development within the unincorporated portion of Kittitas County, and outside of Shoreline
jurisdiction, as determined by the Shoreline Master Program(KCC Title 1713).No development shall
be constructed, located, extended, modified, converted, or altered, or land subdivided without full
compliance with this Title.
2. Compliance with these regulations does not remove an applicant's obligation to comply with
applicable provisions of any other Federal, State, or local law or regulation.
3. Private lands where existing agricultural activities are conducted, as defined in RCW 90.58.065,
within the Upper Yakima and Alkali-Squilchuck WRIAs are managed by the Kittitas County
Voluntary Stewardship Program(VSP), and not regulated by this Title.
4. Any activities, alterations or development located within any Shoreline of the State within the
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Kittitas County,WA
§ 17A.01.030 CRITICAL AREAS § 17A.01.050
unincorporated portion of Kittitas County are subject to the provisions of the Shoreline Master
Program(KCC Title 1713)and not this Title.
(Ord. 2021-016,2021)
§ 17A.01.040. Regulated alterations and development.
The following development and alterations are regulated within critical areas and their riparian
management zones and/or buffers,unless exempt by KCC § 17A.01.050:
1. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or
materials of any kind;
2. Dumping,discharging, or filling;
3. Draining, flooding,or disturbing the water level or water table;
4. Driving piling or placing obstructions, including placement of utilities;
5. Constructing,reconstructing, demolishing, or altering the size of any structure or infrastructure;
6. Altering the character and/or functions and values of a regulated area by destroying or altering
vegetation through clearing,harvesting, cutting, intentional burning, shading,or planting;
7. The division of land pursuant to KCC Title 16; and
8. The creation of impervious surfaces regulated under KCC Chapter 12.06.
(Ord. 2021-016,2021)
§ 17A.01.050. Exemptions.
1. Exemption request and review process. The proponent of the alteration or development may submit a
written request for Determination of exemption eligibility to the director that describes the alteration
or development and states the exemption listed in this section that applies. The purpose of a
Determination of exemption eligibility is to provide, at the applicant's request, a written record
documenting that a proposed alteration or development is, in fact, an exempt activity under the
provisions of this Chapter. The director shall review the exemption request to verify that it complies
with this chapter and approve, approve with conditions, or deny the exemption. If the exemption is
approved, it shall be placed on file with KCCDS. If the exemption is denied, the proponent may
continue in the review process and shall be subject to the requirements of this chapter.
2. Exempt alterations and development and impacts to critical areas. All exempted alterations or
development shall use reasonable methods to avoid potential impacts to critical areas and their buffers.
To be exempt from this Title does not give permission to degrade a critical area or its buffer or ignore
risk from natural hazards. Any incidental damage to, or alteration of, a critical area or its buffer that
is et a neeessafy ou�eeme of the exempted alteration or-deve opmo„*shall be restored,rehabilitated,
or replaced at the responsible party's expense.
3. Exempt alterations and development. The following alterations and developments and uses shall be
exempt from the provisions of this Title:
a. Emergencies. Those alterations or developments necessary to prevent an immediate threat to
public health, safety, or welfare, or that pose an immediate risk of damage to private property
and that require remedial or preventive action in a timeframe too short to allow for compliance
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Kittitas County,WA
§ 17A.01.050 KITTITAS COUNTY CODE § 17A.01.050
with the requirements of the critical areas regulations,provided that:
i. The emergency action shall have the least possible impacts to the critical area and its buffer
as is reasonably judged in real time while still adequately addressing the emergency
situation;
ii. The person or authorized representative of the agency undertaking such action shall notify
the County within one (1) working day following commencement of the emergency
alteration or development.Within thirty(30)days,the Director shall determine if the action
taken was within the scope of the emergency actions allowed in this Subsection. If the
Director determines that the action taken, or any part of the action, was beyond the scope
of an allowed emergency action, then the enforcement provisions of KCC
§ 17A.01.150 shall apply; and
iii. After the emergency,the person or authorized representative of the agency undertaking the
action shall fully fund and conduct necessary restoration and/or mitigation for any impacts
to the critical area and buffers resulting from the emergency action in accordance with an
approved critical areas report and mitigation plan,as described in 17A.01.080. The person
or authorized representative of the agency undertaking the action shall apply for review,
and the alteration,critical areas report,and mitigation plan shall be reviewed by the County
in accordance with the review procedures contained herein. Restoration and/or mitigation
activities must be initiated within one (1) year of the date of the emergency alteration or
development and completed in a timely manner.
b. Operation, maintenance, or repair. Operation, maintenance, or repair of existing structures,
infrastructure improvements,utilities,public or private roads,dikes,levees,or drainage systems,
that do not require construction permits,if the alteration or development does not further change
or increase the impact to, or encroach further within, the critical area or buffer and there is no
increased risk to life or property as a result of the proposed operation, maintenance, or repair.
Operation and maintenance includes vegetation management performed in accordance with best
management practices that is part of ongoing maintenance of structures, infrastructure, or
utilities,provided that such management actions are part of ongoing maintenance,do not expand
further into the critical area or buffer,are not the result of an expansion of the structure or utility,
and do not directly impact an endangered or threatened species.
C. Passive outdoor activities. Recreation, education, and scientific research activities that do not
alter or degrade the critical area or buffer,including fishing,hiking, and bird watching.
d. Forest practices. Forest practices conducted in accordance with the requirements of the Forest
Practice Act(Chapter 76.09 RCW)and its rules,except for the conversion of forest land to a use
other than commercial forestry(Class IV conversions).
d e. Removal or Control of Terrestrial Noxious Weeds. Removal of terrestrial weeds that are
included on the State noxious weed list (WAC 16-750) or other invasive plant species as
identified by Kittitas County. Control may be conducted by clipping,pulling,over-shading with
native tree and shrub species,or non-mechanized removal including herbicide or other methods
applicable to weed control.
e-.f. Removal or control of aquatic noxious weeds. Removal or control of aquatic noxious weeds, as
defined in RCW 17.26.020, using 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.
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Kittitas County,WA
§ 17A.01.050 CRITICAL AREAS § 17A.01.050
fl.g_Enhancement actions. Habitat enhancement actions implemented through RCW 77.55.181.
gh_Maintenance of existing structures. 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 critical areas or their buffers. 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 critical areas or their buffers.
i. Site exploration and investigation activities. Site exploration and investigation activities that are
prerequisite to preparation of an application for development,when all the following conditions
are met:
i. 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; and
ii. 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.
}LTree removal.
i. Hazard Tree Removal in Fish and Wildlife Habitat Conservation Areas, Wetlands,
Frequently Flooded Areas and Geologically Hazardous Areas.
(a) The removal of a hazard tree, including removal for compliance with KCC Chapter
20.10,Wildland Urban Interface Code,may be allowed when trimming or topping is
not sufficient to address the hazard. If a tree in close proximity to a stream or river
qualifies as a hazard tree in accordance to this Title it should be felled in a manner
that creates instream habitat, when it is possible to do so while also addressing the
original hazardous situation. Where the hazard is not immediately apparent to the
Director, the Director may require the applicant to submit a Hazard Tree
Determination Report (KCC § 17A.02.406)prepared by a qualified arborist (KCC
§ 17A.02.102) or forester(KCC § 17A.02.345). The removal of nonhazardous trees
is not an exempt action in the critical areas listed under KCC § 17A.01.050.3.h.i,
except when regulated under the provisions of the Forest Practice Act(Chapter 76.09
RCW).
ii. Tree Removal in Critical Aquifer Recharge Areas.
(a) The removal of any tree is an exempt action when the tree is solely within a Critical
Aquifer Recharge Area and not also within a different overlapping critical area,
riparian management zone, or buffer. This action does not require an exemption
request or review by the director, unless it is associated with a regulated activity
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Kittitas County,WA
§ 17A.01.050 KITTITAS COUNTY CODE § 17A.01.060
identified in KCC § 17A.03.030.
}k_Utility line work.Public and private utility line work(new construction,maintenance,and repair)
within improved surfaces (e.g., driveways, parking lots, concrete or asphalt surfaces, gravel
roads and road shoulders, and hard surface-earthen rights-of-way or easements).
1. Harvesting of wild crops.The harvesting of wild crops in a manner that is not injurious to natural
reproduction of such crops and provided the harvesting does not require tilling of soil,planting
of crops,chemical applications,or alteration of the critical area or its buffer by changing existing
topography,water conditions, or water sources.
k-.m. Repair and maintenance of legally established non-conforming uses or structures,provided they
do not increase the degree of nonconformity.
(Ord. 2021-016,2021)
§ 17A.01.060. Exceptions.
1. Public agency and utility. If the application of this Title would prohibit a proposed development by a
public agency or public utility, the agency or utility may apply for an exception pursuant to the
following:
a. Exception request and review process. An application for a public agency and utility exception
shall be made to the County and shall include a critical areas report, as described in KCC
§ 17A.01.080,including mitigation plan,if necessary; and any other related project documents,
such as permit applications to other agencies, special studies, and environmental documents
prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The
application shall follow the administrative project permit review process outlined in KCC
Chapter 15A.03.
b. Director review.The Director shall approve,approve with conditions,or deny the request based
on the proposal's ability to comply with all the reasonable use exception criteria in Subsection
2(c).
C. Public agency and utility review criteria. The criteria for review and approval of public agency
and utility exceptions are as follows:
i. There is no other practical alternative to the proposed development with less impact on the
critical area and its buffer;
ii. The application of this Title would unreasonably restrict the ability to provide utility and/
or agency services to the public;
iii. The proposal does not pose an unreasonable threat to the public health, safety, or welfare
on or off the development proposal site;
iv. The proposal attempts to protect and mitigate impacts to the critical area functions and
values consistent with the best available science; and
V. The proposal is consistent with other applicable regulations and standards.
d. Burden of proof. The burden of proof shall be on the applicant to bring forth evidence in support
of the application and to provide sufficient information on which any decision must be made on
the application.
2. Reasonable use. If the application of this Title would deny all reasonable economic use of the subject
property, the County shall determine if the property owner may apply for an exception pursuant to
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Kittitas County,WA
§ 17A.01.060 CRITICAL AREAS § 17A.01.070
the following:
a. Exception request and review process. An application for a reasonable use exception shall be
made to the County and shall include a critical areas report,as described in KCC § 17A.01.080,
including mitigation plan, if necessary; and any other related project documents, such as permit
applications to other agencies, special studies, and environmental documents prepared pursuant
to the State Environmental Policy Act (Chapter 43.21C RCW and rules thereunder in Chapter
197-11 WAC). The application shall follow the administrative project permit review process
outlined in KCC Chapter 15A.03. In determining what is considered reasonable use of an
undeveloped parcel, the Director may consider additional information such as zoning, and
comparable structure sizes and land uses of the surrounding area.
b. Director review.The Director shall approve,approve with conditions,or deny the request based
on the proposal's ability to comply with all the reasonable use exception criteria in Subsection
2(c).
C. Reasonable use review criteria. Criteria for review and approval of reasonable use exceptions
include:
i. The application of this Title would deny all reasonable economic use of the property;
ii. No other reasonable economic use of the property has less impact on the critical area and
its buffer;
iii. The proposed impact to the critical area is the minimum necessary to allow for reasonable
economic use of the property;
iv. The inability of the applicant to derive reasonable economic use of the property is not the
result of actions by the applicant after the effective date of this Title;
V. The proposal does not pose an unreasonable threat to the public health, safety, or welfare
on or off the development proposal site;
vi. The proposal will result in no net loss of critical area functions and values consistent with
the best available science;
vii. The proposal is consistent with other application regulations and standards.
d. Burden of proof. The burden of proof shall be on the applicant to bring forth evidence in support
of the application and to provide sufficient information on which any decision must be made on
the application.
(Ord. 2021-016,2021)
§ 17A.01.070. Non-conforming structures and uses.
The following provisions apply to lots, structures and uses lawfully established prior to the effective date
of this Title, or amendments thereto, which do not conform to the current regulations or standards of this
Title. The following provisions do not apply to lots, structures or uses that were unlawfully established.
1. Non-conforming lots:
a. 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 Title but which does not conform to the present lot size
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Kittitas County,WA
§ 17A.01.070 KITTITAS COUNTY CODE § 17A.01.070
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 Growth Management Act
(GMA).
2. Non-conforming structures:
a. Nonconforming structures may remain and be maintained and; repaired pursuant to KCC
17A.01.050.3.m.;Nonconforming structures may be renovated, and remodeled, provided such
activity does not enlarge or expand the structure beyond the allowances in this section.
b. Nonconforming structures may be enlarged or expanded one time,provided:
i. The enlargement does not extend closer to the critical area than the existing primary
structure or farther into the minimum side yard setback;
ii. The enlargement does not expand the footprint of the existing structure by more than 200
square feet in a lateral direction;
iii. The enlargement does not cause new direct wetland or stream impact; and
iv. Mitigation of impacts to disturbed critical areas or buffers is provided in accordance with
this title. The County may consult with agencies of expertise to ensure plan adequacy.
C. Nonconforming single-family residences may increase their height within the existing structural
footprint up to maximum of thirty-five(35) feet.
d. A nonconforming structure which is moved any distance must be brought into conformance with
this Title and the Act.
e. 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).
3. Nonconforming uses:
a. Nonconforming uses may be continued consistent with their lawfully established scale and range
of uses pursuant to KCC 17A.01.050.3.m.
b. A structure which is being or has been used for a nonconforming use may be used for a different
nonconforming use only upon written approval by the Director and may be approved only upon
a finding that:
i. No reasonable alternative conforming use is practical because of the configuration of the
structure and/or the property;
ii. The proposed use will be at least as consistent with the policies and provisions of the Act
and this Title and as compatible with the uses in the area as the pre-existing use
iii. The use or development is enlarged, intensified, increased or altered only to the minimum
amount necessary to achieve the intended functional purpose;
iv. 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;
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Kittitas County,WA
§ 17A.01.070 CRITICAL AREAS § 17A.01.080
V. The buffer and/or Riparian Management Zone standards of this Title are met;
vi. The change in use, remodel, or expansion will not create adverse impacts to critical areas
or their associated buffers and riparian management zones;
vii. Uses which are specifically prohibited or which would thwart the intent of the Act or this
Title shall not be authorized; and
viii. Conditions necessary to assure that the use will not become a nuisance or a hazard have
been attached to the development permit and preliminary site analysis.
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;provided,that such
redevelopment shall be otherwise consistent with the provisions of this Title.
(Ord. 2021-016,2021)
§ 17A.01.080. Critical areas reports.
1. When required.An applicant shall submit a critical areas report when required by§ 17A.0 1.110.2 and
the reporting section of the applicable critical area chapter of this Title. Critical areas reports are valid
for five years from the date of completion, or date of the corresponding delineation documentation, if
applicable.
2. Preparation by qualified professional. The critical areas report shall be prepared by a qualified
professional as defined in KCC § 17A.02.620.
3. Incorporation of best available science. The critical areas report shall use scientifically valid methods
and studies in the analysis of critical area data and field reconnaissance to evaluate the proposed
development and all probable impacts to critical areas in accordance with the provisions of this Title.
The report shall reference the source(s)of science used.
4. Minimum report contents.At a minimum,the report shall contain the following:
a. The name and contact information of the applicant and a description of the proposal;
b. The site plan for the proposed development, including a map drawn to scale depicting critical
areas,buffers and/or setbacks,the proposed development,and any areas to be cleared or altered;
C. The names and qualifications of the persons preparing the report;
d. Documentation of any fieldwork performed on the site;
e. Documentation that consultation, when deemed appropriate, was initiated with agencies of
expertise;
f. Field identification and characterization of all critical areas and buffers on and adjacent to the
proposed development;
g. A statement specifying the accuracy of the report,and all assumptions made and relied upon;
h. A discussion of the performance standards applicable to the critical area and proposed
development;
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Kittitas County,WA
§ 17A.01.080 KITTITAS COUNTY CODE § 17A.01.090
i. A mitigation plan in accordance with KCC § 17A.01.100 if mitigation is required; and
j. Any additional report information required for the critical area as specified in KCC § 17A.01.80
through KCC § 17A.01.100.
(Ord. 2021-016,2021)
§ 17A.01.090. General protective measures.
1. Land divisions. All the following shall apply to the creation of new lots or parcels:
a. All critical areas and their buffers and/or riparian management zones and any associated setbacks
shall be mapped prior to the approval of a land division.
b. All new lots or parcels shall contain sufficient area outside of the wetland and/or wetland buffer,
fish and wildlife habitat conservation area and/or fish and wildlife habitat conservation area
riparian management zones and buffers, floodway, channel migration zone, or landslide hazard
area and/or landslide hazard area buffer to accommodate the use or development.
C. Open space or conservation area lots may be established without a site that is suitable for
development provided there is a note on the face of the plat or other recorded document which
indicates the purpose of the lot.
2. Native growth protection areas.
a. Native growth protection areas shall be used in development proposals for land division to
delineate and protect those contiguous critical areas and buffers listed below:
i. All landslide hazard areas and buffers;
ii. All wetlands and buffers;
iii. All floodplains,floodways,and channel migration zones;
iv. All fish and wildlife habitat conservation areas and associated riparian management zones
and buffers; and
V. All other lands to be protected from alterations as conditioned by project approval.
b. Native growth protection areas shall be recorded on all documents of title of record for all
affected lots.
C. Native growth protection areas shall be designated on the face of the plat or recorded drawing in
a format approved by the County assessor. The designation shall include the following
restrictions:
i. An assurance that native vegetation will be preserved for the purpose of preventing harm
to property and the environment, including, but not limited to, controlling surface water
and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal
habitat; and
ii. The right of the County to enforce the terms of the restriction.
3. Temporary or permanent field identification. Prior to a regulated alteration or development taking
place within or adjacent to a critical area, the County may require temporary or permanent field
markers delineating the critical area boundary and associated buffer. The type of field markers to be
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Kittitas County,WA
§ 17A.01.090 CRITICAL AREAS § 17A.01.100
used will be determined by the Director 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 Director. The location of field markers must be shown on all site plans
and final plats associated with the proposed development. Field markers shall remain in place until
any required final inspections are completed and approved. Field markers may be waived by the
Director if an alternative to field marking 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 and its
buffer are unlikely to occur. The Director may require permanent, wildlife-passable fencing and/ or
signage if necessary to protect a critical area and its buffer from adjacent land uses.
4. Building setbacks. Unless otherwise provided, buildings and other structures shall be set back a
distance of fifteen(15) feet from the edges of all critical area buffers,RMZs,or from the edges of all
critical areas, except CARAs, if no buffers are required. The following are allowed in the building
setback area:
a. Landscaping;
b. Uncovered decks;
C. Building overhangs, if such overhangs do not extend more than eighteen (18) inches into the
setback area; and
d. Impervious ground surfaces, such as driveways and patios.
5. Notice on title. Any property on which a development proposal requiring a critical areas report is
submitted shall have filed with the Kittitas County Auditor:
a. A notice on title of the presence and location of the critical area and/or buffer;
b. A statement as to the applicability of this Title to the property; and
C. A statement describing possible limitations on action in or affecting critical areas or buffer as
approved by the Director. The Applicant shall record such documents and will provide a copy
of the recorded notice to the County.Development proposals which are defined as normal repair
and maintenance of existing structures or developments,including,but not limited to,roof repair,
interior remodeling, wood stove permits, and on-site sewage disposal systems repairs, are
exempt from this requirement.
(Ord. 2021-016,2021)
§ 17A.01.100. Critical areas mitigation.
1. Mitigation sequence.Adverse impacts caused by new alterations and developments shall be mitigated
using the following actions in order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation,
by using appropriate technology, or by taking affirmative steps, such as project redesign,
relocation, or timing,to avoid or reduce impacts;
C. Rectifying the impact by repairing,rehabilitating, or restoring the affected environment;
d. Reducing or eliminating the impact over time by preservation and maintenance operations;
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§ 17A.01.100 KITTITAS COUNTY CODE § 17A.01.100
e. Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
f. Monitoring the impact and the compensation project and taking appropriate corrective measures
2. Mitigation plans. When mitigation is required, the applicant shall submit a mitigation plan. The
mitigation plan shall include all the following:
a. Mitigation sequencing.A description of reasonable efforts made to apply mitigation sequencing
pursuant to KCC § 17A.01.100.1 to avoid,minimize, and mitigate impacts to critical areas and
buffers;
b. Mitigation details.
i. Documentation of consultation/coordination with appropriate agencies of expertise, as
applicable;
ii. A description of the anticipated impacts to the critical area and buffer, including impacts
to critical area functions and values;
iii. The mitigating actions proposed, including: type of mitigation proposed (e.g., on-site or
off-site); site selection criteria; identification of compensation goals; and identification of
critical area functions.
iv. The environmental goals and objectives of the mitigation, together with specific
measurable criteria and performance standards for evaluating whether or not the goals and
objectives of the mitigation project have been successfully attained;
V. An analysis of the likelihood of success of the mitigation project based on best available
science.
C. Construction details. The mitigation plan shall include written specifications, descriptions, and
drawings of the mitigation proposed,including:
i. Construction sequence,timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;and
iv. Planting plan specifying plant species, quantities, locations, size, spacing, density, and
measures to protect and maintain plants until established. All plant species must be native
to the region.
d. Monitoring details.
i. A program for monitoring construction and assessing the outcome of the mitigation project,
including the schedule for site monitoring (for example, describe how monitoring may
occur in years 1,2,3,5, 7 and 10 after site construction), and how the monitoring data will
be evaluated to determine if the performance standards are being met. Monitoring reports
shall be submitted to the County to document milestones, successes, problems, and
contingency actions of the compensation project.The mitigation project shall be monitored
for a period necessary to establish that performance standards have been met,but not for
a period less than ten (10) years. Mitigation monitoring shall be the
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Kittitas County,WA
§ 17A.01.100 CRITICAL AREAS § 17A.01.100
responsibility of the applicant, and monitoring reports will be reviewed by County staff to
ensure that performance standards are being met.
ii. A contingency plan with courses of action and corrective measures to be taken if
monitoring or evaluation indicates project performance standards are not being met,
including a possible extension of the monitoring period until it can be shown that
performance standards are being met.
iii. The mitigation plan shall include financial guarantees ensuring fulfillment of the
compensation project, monitoring program, and any contingency measures in accordance
with KCC § 17A.01.100.3.
iv. The mitigation plan shall address any additional mitigation requirements relevant to the
specific critical area as specified in the following chapters.
3. Financial guarantees.
a. When mitigation is required for a proposed development but is not completed prior to the
County's final permit approval, such as final plat approval or final building inspection, the
applicant shall post a financial guarantee to ensure work will be completed and meet the stated
environmental objectives. Where financial guarantees are required by other state or federal
agencies for specific mitigation features, additional financial guarantees for those features are
not required under this provision.
b. The financial guarantee shall be in the amount of one hundred and twenty-five percent(125%)
of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the
functions and values of the critical area(s) that is at risk. The guarantee amount shall be based
on an itemized cost estimate of the mitigation activity including clearing and grading, plant
materials,plant installation,irrigation,weed management,monitoring, and other costs.
C. The financial guarantee may be in the form of a surety bond,performance bond, assignment of
savings account,an irrevocable letter of credit guaranteed by an acceptable financial institution,
or other form acceptable to the Director, with terms and conditions acceptable to the Kittitas
County attorney.
d. The financial guarantee shall remain in effect until the Director determines, in writing, that the
standards bonded for have been met. Financial guarantees for wetland or stream compensatory
mitigation shall be held for a minimum of five (5)years after completion of the work to ensure
that the required mitigation has been fully implemented and demonstrated to function and may
be held for longer periods when necessary.
e. Public development proposals shall be relieved from having to comply with the bonding
requirements of this Section if public funds have previously been committed for mitigation,
maintenance,monitoring, or restoration.
£ Any failure to satisfy critical area requirements established by law or condition, including but
not limited to the failure to provide a monitoring report within thirty(30) days after it is due or
comply with other provisions of an approved mitigation plan, shall constitute a default, and the
Director may demand payment of any financial guarantees or require other action authorized by
Kittitas County code or any other law.
g. Any funds recovered pursuant to this Section shall be used to complete the required mitigation.
Such funds shall not be deposited in the County General Fund, but rather provided with a
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Kittitas County,WA
§ 17A.01.100 KITTITAS COUNTY CODE § 17A.01.110
separate account. The County will use such funds to arrange for completion of the project or
mitigation,and follow-up corrective actions.
h. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an
applicant or violator to complete required mitigation,maintenance,monitoring, or restoration.
4. Mitigation banking and in-lieu fee mitigation.The County may approve mitigation banking and/or in-
lieu fee mitigation as a form of compensatory mitigation for wetland and fish and wildlife habitat
conservation area impacts when the provisions of this Title require mitigation and when the use of a
mitigation bank/in-lieu fee program will provide equivalent or greater replacement of critical area
functions and values when compared to conventional permittee-responsible mitigation. Mitigation
banks and in-lieu fee program 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.
Mitigation banks and in-lieu fee 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. 2021-016,2021)
§ 17A.01.110. Review process.
1. Administrative procedures and rules. The administrative procedures followed during the critical area
review process shall conform to the standards and requirements of all development and alterations.
This shall include,but not be limited to,timing,appeals,and fees associated with applications covered
by this Title.
2. General requirements.
a. Submittal. Prior to the county's consideration of any proposed alteration or development not
found to be exempt under KCC§ 17A.01.050,the applicant shall submit to the County complete
information regarding the critical area on the application for the underlying development, on
forms provided by the county.
b. As part of critical areas review,the County shall:
i. Verify the information submitted by the applicant;
ii. Evaluate the project area and vicinity for critical areas and buffers;
iii. Determine whether the applicant is required to seek additional critical area consultation
with qualified professionals and/or agencies, which may include a joint site visit with
county staff, agency staff, and/or qualified professionals; (1) This additional consultation
may be required for,but is not limited to,areas which contain unmapped critical areas and/
or difficult mitigation circumstances.
iv. Determine whether the proposed development is likely to impact the functions or values of
critical areas; and
V. Determine if the proposed development avoids impacts or adequately addresses the impacts
to the critical area and buffer associated with the alteration or development.
C. Make a review determination:
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Kittitas County,WA
§ 17A.01.110 CRITICAL AREAS § 17A.01.110
i. No critical areas present. If after a site visit the director's analysis indicates that the project
area is not within or adjacent to a critical area or buffer and that the proposed alteration or
development is unlikely to degrade the functions or values of a critical area, then the
director shall rule that the critical area review is complete and note on the underlying
application the reasons that no further review is required. A summary of this information
shall be included in any staff report or decision on the underlying permit.
ii. Critical areas present, but no impact -Waiver. If the director determines there are critical
areas within or adjacent to the project area, but that the best available science shows that
the proposed alteration or development is unlikely to degrade the functions or values of the
critical area(s) or buffer(s), the director may waive the requirement for a critical areas
report. A waiver may be granted if there is substantial evidence that all of the following
requirements will be met:
1. There will be no alteration of the critical area or associated riparian management zone
or buffer;
2. The development proposal will not negatively impact a critical area or buffer.
iii. Critical areas may be affected by proposal. If the director determines that a critical area or
areas or buffer(s) may be affected by the proposal, then the director shall notify the
applicant that a critical areas report must be submitted prior to further review of the project,
as described in KCC § 17A.01.080.The director may use the following indicators to assist
in determining the need for a critical areas report:
1. Indication of a critical area on the county critical areas maps that may be impacted by
the proposed alteration or development;
2. Information and scientific opinions from appropriate agencies, including but not
limited to the Washington State Departments of Fish and Wildlife and Ecology;
3. Documentation,from a scientific or other reasonable source,of the possible presence
of a critical area; or
4. A finding by a qualified professional, or a reasonable belief by the director, that a
critical area may exist on or adjacent to the site of the proposed alteration or
development.
d. Effect of director's determination. A determination regarding the apparent absence of one or
more critical areas by the director is not an expert certification regarding the presence of critical
areas and the determination is subject to possible reconsideration and reopening if new
information is received. If the applicant wants greater assurance of the accuracy of the critical
area review determination,the applicant may choose to hire a qualified professional to provide
such assurances.
3. Request for technical assistance. The Director may engage technical consultants or agencies with
expertise to provide third party review and interpret critical area data and findings submitted by or on
behalf of the applicant in instances where County staff lack the resources or expertise to review these
materials. An applicant may be required to pay for or reimburse the County for the review costs
incurred.
4. Pre-qualification of consultants. The Director may prepare and maintain a list of qualified technical
consultants and firms that meet the qualified professional standards detailed in KCC § 17A.01.610.
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Kittitas County,WA
§ 17A.01.110 KITTITAS COUNTY CODE § 17A.01.150
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, years of experience,
and sample work. Upon approval of the submitted qualifications, the Director shall add the name to
the list of qualified consultants. The Director may reject data and findings from non-pre-qualified
consultants or require a third-party review per KCC § 17A.01.110.3.
(Ord. 2021-016,2021)
§ 17A.01.120. Relationships to other regulations.
1. This Title shall apply as an overlay and in addition to zoning and other regulations adopted by the
County.
2. Any individual critical area adjoined by another type of critical area shall have the buffer and meet
the requirements that provide the most protection to the critical areas involved. When any existing
regulations,easement, covenant,or deed restriction conflicts with this Title that which provides more
protection to the critical area shall apply.
3. These critical areas regulations shall apply concurrently with review conducted under the State
Environmental Policy Act(SEPA), as locally adopted.
4. Compliance with the provisions of this Title does not constitute compliance with other federal, state,
and local regulations and permit requirements that may be required (for example, Hydraulic Project
Approval [HPA]permits, Section 106 of the National Historic Preservation Act,U.S. Army Corps of
Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The
applicant is responsible for complying with these requirements, apart from the process established in
this Title.
(Ord. 2021-016,2021)
§ 17A.01.130. Best available science.
Critical areas reports and decisions to alter critical areas shall be based on the most current best available
science to protect the functions and values of critical areas in Kittitas County, consistent with RCW
36.70A.172.
(Ord. 2021-016,2021)
§ 17A.01.150. Critical areas report review and determination.
1. The director shall make a determination as to whether the proposed alteration or development and
associated mitigation, if any, is consistent with the provisions of this Title. The director's
determination shall be based on the following criteria:
a. The proposal minimizes the impact on critical areas in accordance with KCC § 17A.01.100,
Critical Areas Mitigation;
b. The proposal is consistent with the general purposes of this Title;
C. Any alterations permitted to the critical area(s) are mitigated in accordance with this Title's
mitigation requirement sections depending on the type of critical area(s)impacted;
d. The proposal protects the critical area functions and values consistent with the best available
science and results in no net loss of critical area functions and values; and
e. The proposal is consistent with other applicable regulations and standards.
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Kittitas County,WA
§ 17A.01.150 CRITICAL AREAS § 17A.01.170
2. The county may condition the proposed alteration or development as necessary to mitigate impacts to
critical areas and to conform to the standards required by this Title.
3. Determination. The Director will determine if the proposed alteration or development meets the
criteria in KCC § 17A.01.150(1) and complies with the applicable provisions of this Title. The
Director shall prepare a written notice of determination and identify any required conditions of
approval.
a. If a proposed alteration or development is approved under this Title a notice of determination
and conditions of approval shall be included in the project file, be considered in the next phase
of the County's review of the proposed alteration or development in accordance with any other
applicable codes and regulations, and shall be attached to the underlying permit or approval.
i. Any subsequent changes to the conditions of approval shall void the previous
determination pending re-review of the proposal and conditions of approval by the director.
ii. A favorable determination should not be construed as endorsement or approval of any
underlying permit or approval.
b. If a proposed alteration or development is rejected due to not adequately mitigating its impacts
on the critical area(s) and/or does not comply with the criteria in KCC § 17A.41.150(1),and the
provisions of this Title, the Director shall prepare a written notice of the determination that
includes findings of noncompliance.
i. No proposed alteration, development, or permit shall be approved or issued if it is
determined that the proposed activity does not adequately mitigate its impacts on the
critical area(s)and/or does not comply with the provisions of this Title.
ii. Upon receiving a notice of determination that includes findings of noncompliance, the
applicant may request consideration of a revised critical areas report.
iii. If the revision is found to be substantial and relevant to the critical area review,the Director
may reopen the critical area review and make a new determination based on the revised
report.
4. The County's determination regarding critical areas pursuant to this Title shall be concurrent with the
final decision to approve,condition,or deny the development proposal or other alteration involved.
(Ord. 2021-016,2021)
§ 17A.01.170. Enforcement.
1. Generally. When a critical area or its buffer has been altered in violation of this Title, all ongoing
development work shall stop, and the critical area and buffer shall be restored. The County shall have
the authority to issue a stop work order to cease all ongoing development work,and order restoration,
rehabilitation, or replacement measures at the owner's or other responsible party's expense to
compensate for violation of provisions of this Title.
2. Requirement for restoration plan. All development work shall remain stopped until a restoration plan
is prepared and approved by the County. Such a plan shall be prepared by a qualified professional
using best available science and shall describe how the actions proposed meet the minimum
requirements described below. Inadequate plans shall be returned to the applicant or violator for
revision and resubmittal.The County may consult with agencies of expertise to ensure plan adequacy.
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Kittitas County,WA
§ 17A.01.170 KITTITAS COUNTY CODE § 17A.01.190
3. Minimum performance standards for restoration.
a. For alterations to critical aquifer recharge areas,frequently flooded areas,wetlands,and fish and
wildlife habitat conservation areas,the following minimum performance standards shall be met
for the restoration of a critical area, provided that if the violator can demonstrate that greater
functional and habitat values can be obtained,these standards may be modified:
i. The pre-violation structural and functional values shall be restored,including water quality,
hydrology and habitat functions;
ii. The historic soil types and configuration of the altered area shall be replicated;
iii. The critical area and buffers shall be replanted with native vegetation that replicates the
vegetation historically found on the site in species type and densities.The historic functions
and values should be replicated at the location of the alteration; and
iv. Information demonstrating compliance with the requirements in KCC § 17A.01.100 shall
be submitted to the Director.
b. For alterations to frequently flooded areas and geologically hazardous areas, the following
minimum performance standards shall be met for the restoration of a critical area,provided that,
if the violator can demonstrate that greater safety can be obtained, these standards may be
modified:
i. The hazard shall be reduced to a level equal to,or less than,the pre-development hazard;
ii. Any risk of personal injury resulting from the alteration shall be eliminated or minimized;
and
iii. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize
the hazard.
4. Site investigations. The Director is authorized to make site inspections and take such actions as are
necessary to enforce this Title,pursuant to KCC § 18.01.060.
5. Penalties. Penalties for violating the provisions of this Title are specified in KCC Chapter 18.05.
(Ord. 2021-016,2021)
§ 17A.01.190. Severability.
If any clause, sentence, paragraph, section, or part of this Title or the application thereof to any person or
circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or judgment
shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect
or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence,
paragraph, section, or part of this law are hereby declared to be severable.
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Kittitas County,WA
§ 17A.02.010 CRITICAL AREAS § 17A.02.060
CHAPTER 17A.02
DEFINITIONS
§ 17A.02.010. Generally.
Certain terms and words used in this title are defined in the following sections. Words used in the present
tense include the future; words in the singular number include the plural number; and words in the plural
number include the singular number. The word "shall' is mandatory.
(Ord. 2021-016,2021)
§ 17A.02.020. Reserved
§ 17A.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 dormant; 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; maintaining, repairing, and replacing agricultural equipment; maintaining,
repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the
shoreline and/or critical area than the original facility; and maintaining agricultural lands under production
or cultivation.
(Ord. 2021-016,2021)
§ 17A.02.040. Agricultural activities, high intensity.
"High intensity agricultural activities" are defined as: dairies,animal feed lots,nurseries,greenhouses,and
like uses which are commercially operated.
(Ord. 2021-016,2021)
§ 17A.02.050. Agricultural land.
"Agricultural land"means land primarily devoted to the commercial production of horticultural,viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed,
Christmas trees not subject to the excise tax imposed by *84.33.100 RCW through 84.33.140, finfish in
upland hatcheries,or livestock, and that has long-term commercial significance for agricultural production.
(Ord. 2021-016,2021)
§ 17A.02.060. Alluvial fan.
"Alluvial fan" or "Alluvial fan hazard area" means a low, outspread, relatively flat-to-gentle sloping
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Kittitas County,WA
§ 17A.02.060 KITTITAS COUNTY CODE § 17A.02.110
landscape surface composed of eroded alluvial materials deposited by a stream at the transitional area
between valley floodplains and steep mountain slopes.Channel pattern in the alluvial fan 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. 2021-016,2021)
§ 17A.02.070. Alteration.
"Alteration" means any human induced change in an existing condition of a critical area or its buffer.
Alteration includes, but is not limited to, grading, filling, channelizing dredging, clearing (vegetation),
construction, compaction,excavation, or any other activity that changes the character of the critical area.
(Ord. 2021-016,2021)
§ 17A.02.080. Anadromous fish.
"Anadromous fish"means fish that spawn and rear in fresh water and migrate to the ocean to mature in the
marine environment until returning to freshwater to spawn.In Kittitas County,these include Pacific salmon,
steelhead,bull trout, and Pacific lamprey.
(Ord. 2021-016,2021)
§ 17A.02.090. Applicant.
"Applicant" means person who files an application for permit under this Title and who is either the owner
of the land on which that proposed development would be located, a contract purchaser, or the authorized
agent of such a person.
(Ord. 2021-016,2021)
§ 17A.02.100. Aquifer.
"Aquifer" means geological formation, group of formations, or part of a formation that is capable of
yielding a significant amount of water to a well or spring.
(Ord. 2021-016,2021)
§ 17A.02.102. Arborist.
"Arborist" is defined as a person with a minimum 2-year degree in arboriculture or equivalent discipline
such as forestry, horticulture, or biology. Membership and certifications from International Society of
Arboriculture as well as documented work experience may be substituted for formal degrees at the
discretion of the Director.
(Ord. 2021-016,2021)
§ 17A.02.104. Area of special flood hazard.
"Area of special flood hazard" is defined as the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the letter A.
Also referred to as "100-year floodplain" and"special flood hazard area."
(Ord. 2021-016,2021)
§ 17A.02.110. Avalanche hazard.
"Avalanche hazard"means an area susceptible to a large mass of snow or ice, sometimes accompanied by
other material,moving rapidly down a mountain slope.
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Kittitas County,WA
§ 17A.02.110 CRITICAL AREAS § 17A.02.170
(Ord. 2021-016,2021)
§ 17A.02.120. 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, such as occurs in
Channel Migration Zones.
(Ord. 2021-016,2021)
§ 17A.02.125. Bank(of a water body).
"Bank" means any land surface landward of the ordinary high water line next to a body of water and
constrains the water except during floods. The term "bank" also includes all land surfaces of islands within
a body of water that are below the flood elevation of the surrounding body of water.
(Ord. 2021-016,2021)
§ 17A.02.130. Best available science.
"Best available science"means scientific information applicable to the critical area prepared by local, state,
or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific
professionals that is consistent with criteria established in WAC 365-195-900 through WAC 365-195-925.
(Ord. 2021-016,2021)
§ 17A.02.140. Buffer.
"Buffer" means an area that is contiguous to and protects a critical area, and which is required for the
continued maintenance, function, and/or structural stability of a critical area.
(Ord. 2021-016,2021)
§ 17A.02.150. Channel migration zone.
"Channel migration zone(CMZ)"means the area along a watercourse,but not always within the flood zone,
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. 2021-016,2021)
§ 17A.02.155. Clearing.
"Clearing" means significant vegetation removal including the removal or alteration of trees, shrubs, and/
or ground cover by 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. 2021-016,2021)
§ 17A.02.160. Critical aquifer recharge areas.
"Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for potable
water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination
that would affect the potability of the water, or is susceptible to reduced recharge.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.170 KITTITAS COUNTY CODE § 17A.02.240
§ 17A.02.170. Critical areas.
"Critical areas"include the following areas and ecosystems: (a)wetlands;(b)critical aquifer recharge areas;
(c)fish and wildlife habitat conservation areas;(d)frequently flooded areas;and(e)geologically hazardous
areas.
(Ord. 2021-016,2021)
§ 17A.02.200. Cumulative impacts.
"Cumulative impacts" or"cumulative effects" means the combined, incremental effects of human activity
on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action
are added to or interact with other effects in a particular place and within a particular time. It is the
combination of these effects, and any resulting environmental degradation, that should be the focus of
cumulative impact analysis and changes to policies and permitting decisions.
(Ord. 2021-016,2021)
§ 17A.02.210. 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. 2021-016,2021)
§ 17A.02.220. Development.
"Development"means any activity upon the land consisting of construction or alteration of structures,earth
movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving
of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. Development
includes the storage or use of equipment or materials inconsistent with the existing use.Development also
includes approvals issued by the County that binds land to specific patterns of use,including but not limited
to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans.
Development activity does not include the following activities:
1. Interior building improvements.
2. Exterior structure maintenance activities,including painting and roofing
3. Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing,
pruning, and weeding.
4. Maintenance of the following legally existing facilities that does not expand the affected area:
septic tanks (routine cleaning); wells; individual utility service connections; and individual
cemetery plots in established and approved cemeteries.
(Ord. 2021-016,2021)
§ 17A.02.230. Director.
"Director"means the director of the Kittitas County Community Development Services or designee.
(Ord. 2021-016,2021)
§ 17A.02.240. Dry well.
"Dry well"means a hole in the ground filled with gravel or rubble intended to receive treated or otherwise
unpolluted drainage water and allow it to percolate into the ground. A dry well is typically engineered and
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Kittitas County,WA
§ 17A.02.240 CRITICAL AREAS § 17A.02.300
designed to infiltrate individual home roof runoff in a subdivision.
(Ord. 2021-016,2021)
§ 17A.02.250. Ecological functions.
"Ecological functions" means the work performed or role played by the physical, chemical, and biological
processes that contribute to the maintenance of aquatic and terrestrial environments that constitute the
natural ecosystem.
(Ord. 2021-016,2021)
§ 17A.02.260. Emergency activities.
"Emergency activities" means activities necessary to prevent an immediate threat to public health, safety,
or welfare-or an immediate risk of damage to private property-that require remedial or preventative action
in a timeframe too short to allow for compliance with the requirements of this Title.
(Ord. 2021-016,2021)
§ 17A.02.270. Enhancement.
"Enhancement" means actions performed within an existing degraded 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. 2021-016,2021)
§ 17A.02.280. Erosion.
"Erosion"means the process whereby wind,rain,water, and other natural agents mobilize and transport
particles of soil or rock.
(Ord. 2021-016,2021)
§ 17A.02.290. Erosion hazard areas.
"Erosion hazard areas" are areas likely to become unstable, such as bluffs, steep slopes, and areas with
unconsolidated soils.These areas containing soils that may experience significant erosion,including any or
all of the following:
1. Soil areas identified by the Natural Resources Conservation Service as having"severe" or"very
severe" erosion hazard; or
2. Slopes forty percent(40%)or steeper with a vertical relief of ten(10) or more feet,except areas
composed of consolidated rock; or
3. 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; or
4. Channel migration zones.] Ord. 2021-016, 2021;
§ 17A.02.300. Feasible.
"Feasible" means, for the purpose of this Title,that an action, such as a development activity,mitigation,
or preservation requirement,meets all of the following conditions:
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Kittitas County,WA
§ 17A.02.300 KITTITAS COUNTY CODE § 17A.02.340
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 activity'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. 2021-016,2021)
§ 17A.02.310. 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. 2021-016,2021)
§ 17A.02.320. 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 ground surface elevation or creates dry land.
(Ord. 2021-016,2021)
§ 17A.02.330. Fish and wildlife habitat conservation areas.
"Fish and wildlife habitat conservation areas" means land management for maintaining populations of
species in suitable habitats within their natural geographic distribution so that the habitat available is
sufficient to support viable populations over the long term and isolated subpopulations are not created.
These are areas 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; areas with high relative population density or species richness; and also, locally
important habitats and species designated by the County,and state priority habitats and species as identified
by the WA Department of Fish and Wildlife. "Fish and wildlife habitat conservation areas" do not include
artificial features or constructs created in what were originally upland areas, such 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. 2021-016,2021)
§ 17A.02.335. Floodplain.
"Floodplain"is synonymous with one hundred-(I00)-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. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.340 CRITICAL AREAS § 17A.02.370
§ 17A.02.340. Floodway.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.
(Ord. 2021-016,2021)
§ 17A.02.345. Forester.
"Forester"is defined as a person with a minimum 2-year degree in forestry or equivalent discipline such as
arboriculture, horticulture, or biology. Membership and certifications from International Society of
American Foresters as well as documented work experience may be substituted for formal degrees at the
discretion of the Director.
(Ord. 2021-016,2021)
§ 17A.02.347. Forest land.
"Forest land"means all land which is capable of supporting a merchantable stand of timber and is not being
actively used for a use which is incompatible with timber growing.Forest land does not include agricultural
land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural
land was historically used for agricultural purposes and the landowner intends to continue to use the land for
agricultural purposes in the future.
(Ord. 2021-016,2021)
§ 17A.02.350. 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. 2021-016,2021)
§ 17A.02.360. Geologically hazardous areas.
"Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial
development consistent with public health or safety concerns.
(Ord. 2021-016,2021)
§ 17A.02.370. 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
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Kittitas County,WA
§ 17A.02.370 KITTITAS COUNTY CODE § 17A.02.406
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. 2021-016,2021)
§ 17A.02.380. 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 existing contour of the land.
(Ord. 2021-016,2021)
§ 17A.02.390. 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. 2021-016,2021)
§ 17A.02.400. Habitats of local importance.
"Habitats of local importance"designated as fish and wildlife habitat conservation areas include those areas
found and/or designated to be locally important by the County.
(Ord. 2021-016,2021)
§ 17A.02.405. Hazard tree.
"Hazard tree"means a tree with a structural defect,combination of defects or disease resulting in a structural
defect that,under the normal range of environmental conditions at the site,will result in the loss of a major
structural component of the tree in a manner that will:
1. Damage a residential structure or accessory structure, or a place of employment or public
assembly;
2. Damage an approved road,utility, or public facility;
3. Prevent emergency access in the case of medical hardship; or
4. Endanger pedestrians or users of a recreational area.
(Ord. 2021-016,2021)
§ 17A.02.406. Hazard tree determination report.
"Hazard tree determination report"means a written document prepared by an arborist or forester containing
the following elements:
1. Parcel,address, and name of landowner of site where tree(s)are located,
2. Description of size,health, and species of tree(s) evaluated,
3. Description of factors related to potential impacts to human health or structures posed by
evaluated tree(s),
4. Alternative methods(pruning, cabling,etc.)considered,
5. Location of nearby critical areas (wetlands, streams, steep slopes, landslides, floodplains,
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Kittitas County,WA
§ 17A.02.406 CRITICAL AREAS § 17A.02.470
shorelines,etc.),
6. Proposed methods for removal,
7. Size and species of replacement trees,if any,
8. Site map showing parcel lines, structures, evaluated trees, critical areas, utilities, and other
pertinent information described in the report,
9. Date of field evaluation and signature of arborist or forester,
10. Qualifications of arborist or forester authoring the report.
(Ord. 2021-016,2021)
§ 17A.02.410. Hazardous substances.
"Hazardous substances"means any liquid, solid,gas,or sludge,including any material, substance,product,
commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological
properties described in WAC 173-303-090 or 173-303-100.
(Ord. 2021-016,2021)
§ 17A.02.430. Hydric soil.
"Hydric soil"means a soil that is saturated,flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part.
(Ord. 2021-016,2021)
§ 17A.02.440. Hyporheic zone.
"Hyporheic zone"means the saturated zone located beneath and adjacent to streams that contains some
portion of surface waters, serves as a filter for nutrients, and maintains water quality.
(Ord. 2021-016,2021)
§ 17A.02.450. Impervious surface.
"Impervious surface"means a hard surface area which either prevents or retards the entry of water into the
soil surface and subsoils, such as would occur under natural conditions prior to development, or which
causes water to run off the surface in greater quantities or at an increased rate of flow relative to natural
conditions prior to development. Common impervious surfaces include, but are not limited to: rooftops,
walkways,patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads,packed
earthen materials, and oiled macadam, or other surfaces which similarly impede the natural infiltration of
stormwater.
(Ord. 2021-016,2021)
§ 17A.02.460. In-stream structure.
"In-stream structure" is a human-made structure placed within a stream or river waterward of the ordinary
high water mark that either causes or has the potential to cause water impoundment, or the diversion,
obstruction, or modification of water flow. In-stream structures may include those for hydroelectric
generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat
enhancement, or other purpose.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.470 KITTITAS COUNTY CODE § 17A.02.470
§ 17A.02.470. Landslide hazard areas.
"Landslide hazard areas" are areas 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.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.Potential landslide hazard areas include but are not limited to the following areas:
1. Areas designated as quaternary slumps,earth-flows,mudflows,or landslides on maps published
by the U.S. Geological Survey or Washington State Department of Natural Resources.
2. Areas with all three(3) of the following characteristics:
a. Slopes steeper than fifteen percent(15%);
b. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a
relatively impermeable sediment or bedrock; and
C. Springs or groundwater seepage.
3. Areas that have shown movement and/or are underlain or covered by mass wastage debris;
4. Slopes that are parallel or sub-parallel to planes of weakness (which may include but not
be limited to bedding planes, soft clay layers, 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 that show evidence of, or are at risk from snow avalanches; and
7. 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 competent bedrock.
8. Potentially unstable slopes resulting from river erosion or undercutting.
9. Areas that show past sloughing or calving of sediment or rocks resulting in a steep slope that is
poorly vegetated.
10. Deep-seated landslide areas characterized by one or more of the following features,which may
be evident in aerial images,topographic maps,LiDAR imagery or on the ground:
a. scalloped ridge crests at the top of the slope,
b. crescent shaped depressions,
C. head scarps,
d. side scarps,
e. ponds or sag areas on mid slopes,
f. benches and scarps on mid slope areas,
g. hummocky ground,
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Kittitas County,WA
§ 17A.02.470 CRITICAL AREAS § 17A.02.520
h. linear fractures in the ground.
11. Areas below unstable slopes or that have been identified as landslide hazard areas that could be
impacted by landslide run out.
12. Areas above or adjacent to unstable slopes that could be impacted if the landslide area expands.
(Ord. 2021-016,2021)
§ 17A.02.480. Mine hazard areas.
"Mine hazard areas" are areas underlain by abandoned mine shafts, secondary passages between shaft
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. (Ord.
2021-016,2021)
§ 17A.02.490. Mining.
"Mining" means the removal of sand, gravel, soil, minerals, and other earth materials for commercial and
other uses.
(Ord. 2021-016,2021)
§ 17A.02.500. Mitigation sequencing.
"Mitigation sequencing" means a process used to guide mitigation decisions and determine the type and
level of mitigation required. It follows a three(3) step process, described in 17A.01.100:
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 using appropriate technology, or by taking affirmative steps 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
during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and/or
6. Monitoring the impact and taking appropriate corrective measures.
(Ord. 2021-016,2021)
§ 17A.02.510. Monitoring.
"Monitoring"means evaluating the impacts of proposed developments on the biological,hydrological, and
geological elements of such systems, and assessing the performance of required mitigation measures
throughout the collection and analysis of data by various methods for the purpose of understanding and
documenting changes in natural ecosystems and features,including gathering baseline data.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.520 KITTITAS COUNTY CODE § 17A.02.590
§ 17A.02.520. Native growth protection area.
"Native growth protection area" means an area where native vegetation is preserved for the purpose of
preventing harm to property and the environment, including, but not limited to, controlling surface water
runoff and erosion,maintaining slope stability,buffering, and protecting plant and animal habitat.
(Ord. 2021-016,2021)
§ 17A.02.530. Native vegetation.
"Native vegetation"means plant species that are indigenous to the area in question.
(Ord. 2021-016,2021)
§ 17A.02.540. Naturally occurring ponds.
"Naturally occurring ponds" means those ponds and their submerged aquatic beds that provide fish
or wildlife habitat, including those artificial ponds intentionally created in upland areas for mitigation
purposes.Naturally occurring ponds do not include ponds deliberately designed and created in upland sites
for purposes other than mitigation, such as irrigation canals, detention facilities, wastewater treatment
facilities, farm ponds,temporary construction ponds, and landscape amenities.
(Ord. 2021-016,2021)
§ 17A.02.550. Nonconformity.
"Nonconformity"means a legally established existing use or legally constructed structure that is not in
compliance with the current regulations.
(Ord. 2021-016,2021)
§ 17A.02.560. 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 adjoining 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. 2021-016,2021)
§ 17A.02.570. Permeability.
"Permeability"means the capacity of an aquifer or confining bed to transmit water. It is a property of the
aquifer or confining bed and is independent of the force causing movement.
(Ord. 2021-016,2021)
§ 17A.02.590. Priority habitat.
"Priority habitat" means a habitat type or elements with unique or significant value to one or more species
as classified by the state Department of Fish and Wildlife. A priority habitat may be described by a unique
vegetation type or by a dominant plant species that is of primary importance to fish and wildlife(e.g., oak
woodlands,juniper savanna). A priority habitat may also be described by a successional stage (e.g., old
growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat feature (e.g.,
talus slopes, caves, snags)of key value to fish and wildlife.
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Kittitas County,WA
§ 17A.02.590 CRITICAL AREAS § 17A.02.620
(Ord. 2021-016,2021)
§ 17A.02.600. Priority species.
"Priority species" means species requiring protective measures and/or management guidelines to ensure
their persistence at genetically viable population levels. Priority species include State Endangered,
Threatened, Sensitive, and Candidate species; animal aggregations (e.g., heron colonies, bat colonies)
considered vulnerable; and species of recreational, commercial, or tribal importance that are vulnerable. A
species identified and mapped as priority species fit one or more of the following criteria:
1. Criterion 1. State-Listed and Candidate Species: State-listed species are native fish and wildlife
species legally designated as Endangered(WAC 232-12-014), Threatened(WAC 232-12-011),
or Sensitive (WAC 232-12-011). State Candidate species are fish and wildlife species that will
be reviewed by the department (POL-M-6001) for possible listing as Endangered, Threatened,
or Sensitive according to the process and criteria defined in WAC 232-12-297.
2. Criterion 2. Vulnerable Aggregations: Vulnerable aggregations include species or groups of
animals susceptible to significant population declines, within a specific area or statewide,
by virtue of their inclination to aggregate. Examples include heron rookeries, seabird
concentrations,marine mammal haulouts, shellfish beds, and fish spawning and rearing areas.
3. Criterion 3. Species of Recreational, Commercial, and/or Tribal Importance: Native and non-
native fish and wildlife species of recreational or commercial importance, and recognized
species used for tribal ceremonial and subsistence purposes, whose biological or ecological
characteristics make them vulnerable to decline in Washington or that are dependent on habitats
that are highly vulnerable or are in limited availability.
(Ord. 2021-016, 2021)
§ 17A.02.610. Public facilities.
"Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic
signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and
schools.
(Ord. 2021-016,2021)
§ 17A.02.620. Qualified professional.
"Qualified professional"means a person with experience and training in the applicable field or critical area.
A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science,
botany, engineering, environmental studies, fisheries, geology or related field, and a minimum of 2 years
of related work experience. Other equivalently qualified professionals may be approved by the Director on
a case by case basis.
1. A qualified professional for wetlands and fish and wildlife habitat conservation areas must have
a Bachelor of Science or Bachelor of Arts or equivalent degree in biology, hydrology, soil
science, botany, ecology, resource mana e� or a related fields, and_possess relevant
professional experience or professional certification (Professional Wetland Scientist
Certification) demonstratin dh_4 a,.,.time expertiseeapabi4ty in performing delineations,
conducting critical area functions and values assessments, analog critical area impacts, and
developingand nd implementing critical area mitigation 3fidnetional assessmepA and mitigation
tee. For wetlands, Professional Wetland Scientist Certification, or other documentation
of expertise,is required.
2. A qualified professional for preparing Geologically Hazardous Area Assessments must be a
professional geologist or engineering geologist licensed in the State of Washington.
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Kittitas County,WA
§ 17A.02.590 CRITICAL AREAS § 17A.02.620
3. Engineered structures for mitigation of geologic hazards must be designed by a qualified
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§ 17A.02.620 KITTITAS COUNTY CODE § 17A.02.680
professional engineer or engineering geologist,licensed in the State of Washington.
4. A qualified professional for critical aquifer recharge areas must be a professional hydrogeologist
licensed in the State of Washington,who is trained and qualified to analyze geologic,hydrologic,
and groundwater flow systems.
(Ord. 2021-016,2021)
§ 17A.02.630. Rehabilitation.
"Rehabilitation" means a type of restoration action intended to repair natural or historic functions and
processes. Rehabilitation activities could involve breaching a dike to reconnect wetlands to a floodplain or
other activities that restore the natural water regime.
(Ord. 2021-016,2021)
§ 17A.02.640. Repair or maintenance.
"Repair or maintenance" means an activity that restores the character, scope, size, and design of a
serviceable area,structure,or land use to its previously authorized and undamaged condition.Activities that
change the character, size,or scope of a project beyond the original design and/or which drain,dredge, fill,
flood, or otherwise alter critical areas are not included in this definition.
(Ord. 2021-016,2021)
§ 17A.02.650. Restore or restoration.
"Restore," "restoration" or "ecological restoration" means repairing environmental damage to a condition
equivalent to the pre-impact condition, or upgrading of impaired critical area processes or functions.
This may be accomplished through measures including, but not limited to, re-vegetation, removal of
intrusive stream bank structures, or removal or treatment of toxic materials. Restoration does not imply a
requirement for returning the critical area to aboriginal or pre-European settlement conditions.
(Ord. 2021-016,2021)
§ 17A.02.660. Riparian.
"Riparian" areas are transitional between terrestrial and aquatic ecosystems and are distinguished by
gradients in biophysical conditions, ecological processes, and biota. They are areas through which surface
and subsurface hydrology connect waterbodies with their adjacent uplands. They include those portions of
terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems
and the portion of the ecosystem characterized by moist soils and plants adapted to periodically saturated
soils.
(Ord. 2021-016,2021)
§ 17A.02.665. Riparian management zone(s).
"Riparian management zone(s)" or"RMZ(s)" The extent of the riparian ecosystem is the area that provides
full ecological function for bank stability, shade,pollution removal, contributions of detrital nutrients, and
recruitment of large woody debris. For the purposes of management or regulatory protection, the RMZ
encompasses the riparian ecosystem,and—when present-the channel migration zone to account for lateral
movement of the riparian ecosystem over time.
(Ord. 2021-016,2021)
§ 17A.02.670. Seismic hazard areas.
"Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake induced ground
shaking, slope failure, settlement, soil liquefaction,lateral spreading,or surface faulting.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.680 CRITICAL AREAS § 17A.02.720
§ 17A.02.680. Setback.
"Setback"means the distance a building or structure is placed from a specified limit such as a lot line or a
critical area buffer.
(Ord. 2021-016,2021)
§ 17A.02.690. Shorelines of the state.
"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. 2021-016,2021)
§ 17A.02.700. 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. 2021-016,2021)
§ 17A.02.710. Shrub-steppe.
"Shrub-steppe"is a nonforested vegetation type consisting of one or more layers of perennial bunchgrasses
and a conspicuous but discontinuous layer of shrubs (see Eastside Steppe for sites with little or no shrub
cover). Although Big Sagebrush (Artemisia tridentata) is the most widespread shrub-steppe shrub, other
dominant (or co-dominant) shrubs include Antelope Bitterbrush (Purshia tridentata), Threetip Sagebrush
(A. tripartita), Scabland Sagebrush (A. rigida), and Dwarf Sagebrush (A. arbuscula). Dominant
bunchgrasses include (but are not limited to) Idaho fescue (Festuca idahoensis), Bluebunch Wheatgrass
(Pseudoroegneria spicata), Sandberg Bluegrass (Poa secunda), Thurber's Needlegrass (Achnatherum
thurberianum), and Needle-and-Thread (Hesperostipa comata). In areas with greater precipitation or on
soils with higher moisture-holding capacity, shrub-steppe can also support a dense layer of fortis (i.e.,
broadleaf herbaceous flora). Shrub-steppe contains various habitat features, including diverse topography,
riparian areas, and canyons. Another important component is habitat quality (i.e., degree to which a tract
resembles a site potential natural community),which may be influenced by soil condition and erosion; and
the distribution, coverage, and vigor of native shrubs, forbs, and grasses. Sites with less disturbed soils
often have a layer of algae,mosses,or lichens.At some more disturbed sites,non-natives such as Cheatgrass
(Bromus tectoruln) or Crested Wheatgrass (Agropyron cristatum) may be co-dominant species. Fire
disturbance is an ecological component of shrub-steppe. Shrub-steppe disturbed by fire may lack the
aforementioned habitat components during periods of post-fire recovery.
(Ord. 2021-016,2021)
§ 17A.02.712. Significant Adverse Impact.
"Significant Adverse Impact"means a reasonable likelihood of more than moderate adverse impact
on environmental quality.
§ 17A.02.715. Site Potential Tree Height(SPTH).
"Site potential tree height" or"SPTH" is the average maximum height of the tallest dominant trees (200
years or more in age)for a given area.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.720 KITTITAS COUNTY CODE § 17A.02.790
§ 17A.02.720. Soft armoring.
"Soft armoring" means stream bank erosion control practices using predominantly natural materials in
a design that minimizes impacts to natural processes. This term is frequently used in reference to
bioengineering.
(Ord. 2021-016,2021)
§ 17A.02.730. Species of local importance.
"Species of local importance" are those species that are of local concern due to their population status or
their sensitivity to habitat alteration or that are game species.
(Ord. 2021-016,2021)
§ 17A.02.740. Streams.
"Streams." See definition for"Watercourse".
(Ord. 2021-016,2021)
§ 17A.02.750. Stream or water type.
"Stream or water types" are fully defined in WAC 222-16-030. An abbreviated definition is provided
below,but the full WAC definition is adopted and applies:
1Type S water"means all designated"shorelines of the state".
2Type F water" means streams other than Type S Waters that contain fish habitat or are diverted for
certain kinds of domestic use or for use by fish hatcheries.
3Type Np water"means streams that are perennial nonfish habitat streams.
4Type Ns water" means streams that are seasonal, nonfish habitat streams, which are physically
connected by an above-ground channel system to Type S,F, or Np Waters.
(Ord. 2021-016,2021)
§ 17A.02.760. 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. 2021-016,2021)
§ 17A.02.770. Unavoidable.
"Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and
minimization have been achieved.
(Ord. 2021-016,2021)
§ 17A.02.780. Volcanic hazard areas.
Volcanic hazard areas are 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.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.02.790 CRITICAL AREAS § 17A.02.840
§ 17A.02.790. Watercourse.
"Watercourse," "river" or "stream" means any portion of a stream or river channel, bed, bank, or bottom
waterward of the ordinary high water line of waters of the state. Watercourse also means areas in which
fish may spawn,reside,or pass, and tributary waters with defined bed or banks that influence the quality of
habitat downstream.Watercourse also means waters that flow intermittently or that fluctuate in level during
the year, and the term applies to the entire bed of such waters whether or not the water is at peak level. A
watercourse includes all surface-water-connected wetlands that provide or maintain habitat that supports
fish life. This definition does not include irrigation ditches, canals, stormwater treatment and conveyance
systems, or other entirely artificial watercourses, except where they exist in a natural watercourse that has
been altered by humans.
(Ord. 2021-016,2021)
§ 17A.02.800. Water quality.
"Water quality" means the physical characteristics of water, including water quantity, hydrological,
physical, chemical,aesthetic,recreation-related, and biological characteristics.
(Ord. 2021-016,2021)
§ 17A.02.810. 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, irrigation, and distribution facilities.
(Ord. 2021-016,2021)
§ 17A.02.820. Waters of the State.
"Waters of the state" means lakes,rivers,ponds, streams,inland waters,underground waters, and all other
surface watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-030.
(Ord. 2021-016,2021)
§ 17A.02.830. Wellhead protection area.
"Wellhead protection area"means the portion of a well's,wellfield's,or spring's zone of contribution within
the ten-year time of travel boundary,or boundaries established using alternate criteria approved by the state
Department of Health in those settings where groundwater time of travel is not a reasonable delineation
criteria.
(Ord. 2021-016,2021)
§ 17A.02.840. Wetland.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, 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
nonwetland areas created to mitigate conversion of wetlands.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.03.010 CRITICAL AREAS § 17A.03.040
CHAPTER 17A.03
CRITICAL AQUIFER RECHARGE AREAS(CARAs)
§ 17A.03.010. Purpose and intent.
The purpose of this chapter is to protect critical aquifer recharge areas from degradation resulting from
alterations and development. It is the intent of this chapter to safeguard groundwater resources against
contaminants from alterations and development.
(Ord. 2021-016,2021)
§ 17A.03.020. Designation, and mapping.
1. Classification and designation. Critical aquifer recharge areas are areas of unconsolidated deposits
within the Roslyn and Kittitas Basins, and all Group A well head protection areas, as shown on the
County's critical areas maps. All projects proposing uses listed in 17A.03.030 that are within the
unconsolidated deposits within the Kittitas and Roslyn basins, or within a Group A wellhead
protection area shall be reviewed for potential hazards to groundwater.
2. Mapping.The designated Critical Aquifer Recharge Areas are mapped in the Kittitas County Critical Areas
Ordinance Critical Aquifer Recharge Area Map.Permit reviews will be based on the mapped critical area
designation shown on the critical areas maps.
(Ord. 2021-016,2021)
§ 17A.03.030. Applicability.
This chapter regulates the following uses when located in a critical aquifer recharge area:
1. Storage tanks;
2. Commercial vehicle repair, servicing,and salvaging facilities;
3. Reclaimed wastewater;
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. Injection wells used for disposal of waste products including,but not limited to,stormwater discharge,
hazardous or radioactive waste, or industrial waste;
6. Wood treatment facilities that allow any portion of the treatment process to occur over permeable
surfaces(both natural and manmade);
7. Commercial coal, ore mining operations, and natural gas exploration and extraction;
8. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl
tertiary butyl ether(MTBE)or other chemicals with the potential to contaminate groundwater;
9. Dairy farms and feedlots;
10. Man-made stormwater detention or infiltration ponds,manure lagoons, and irrigation ponds;and
11. Any other alteration or development that the Director determines -based on best available science -
is likely to have a significant adverse impact on ground water.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.03.040 CRITICAL AREAS § 17A.03.050
§ 17A.03.040. Protection standards.
1. Storage tanks.Aboveground and underground storage tanks or vaults used for the storage of hazardous
substances,animal wastes,sewage sludge,fertilizers,other chemical or biological hazards, dangerous
wastes as defined in WAC Chapter 173-303, or any other substances, solids, or liquids in quantities
identified by Kittitas County Public Health as a risk to groundwater quality, shall be designed and
constructed to:
a. Prevent the release of such substances to the ground,ground waters,or surface waters;
b. Include 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;
C. Provide for release detection;
d. Provide written spill response and spill notification procedures to the local fire district;
e. Use material in the construction or lining of the storage containment area which is compatible
with the substance to be stored to protect against corrosion or leakage, or otherwise designed in
a manner to prevent the release or threatened release of any stored substance; and
f. Comply with WAC 173-303 and 173-360 as well as International Building Code requirements.
2. Commercial vehicle repair, servicing, and salvaging facilities. Vehicle repair and servicing activities
shall 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,servicing,and
salvaging 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, servicing, and
salvaging. 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 development.
3. Reclaimed wastewater. Use of reclaimed wastewater must be in accordance with adopted water or
sewer comprehensive plans that have been approved by Ecology.
4. Other regulated uses. Protection standards for other uses regulated under KCC § 17A.03.030 shall be
based on analysis and recommendations contained in the hydrogeologic reports required for specific
projects.
5. All developments in a critical aquifer recharge area must comply with the water source protection
requirements and recommendations of the federal Environmental Protection Agency, State
Department of Health, and the Kittitas County health department. This includes compliance with
Chapter 90.48 RCW, Chapter 90.54 RCW, and the Federal Safe Drinking Water Act (40 CFR Part
141 .
4.6. If the Director determines that additional protection for a critical aquifer recharge area is necessary,
beyond the best managementpractices and standards listed above,the Director may impose additional
conditions that ensure that the specific use or activity will not significantly degrade ground water
quality or quantity.
(Ord. 2021-016,2021)
§ 17A.03.050. Reporting.
1. When required. Except for storage tanks, all uses listed in KCC § 17A.03.030 require County review
and approval of a special hydrogeological assessment prepared by a qualified professional.
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Kittitas County,WA
§ 17A.03.040 CRITICAL AREAS § 17A.03.050
2. Contents. The hydrogeological assessment shall include the general critical areas report requirements
of KCC § 17A.01.080 in addition to the following:
a. Geologic setting and soils information for the site and surrounding area;
b. Water quality data, including pH, temperature, dissolved oxygen, conductivity, nitrates, and
bacteria;
C. Location and depth of perched water tables;
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Kittitas County,WA
§ 17A.03.050 KITTITAS COUNTY CODE § 17A.03.050
d. Recharge potential of site(permeability/transmissivity);
e. Hydrologic budget;
f. Local groundwater flow,direction, and gradient;
g. 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;
h. Potential impacts to wellhead protection areas located within the site;
i. Surface water locations within one thousand(1,000)feet of the site;
j. Discussion of the effects of the proposed development on groundwater quality and quantity;
k. Recommendations on appropriate mitigation, if any, to assure that there shall be no measurable
exceedance of minimum state groundwater quality standards or measurable reduction in
available quantity of groundwater;
1. Emergency management plan;and
m. Containment release detection.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.04.010 CRITICAL AREAS § 17A.04.020
CHAPTER 17A.04
FISH AND WILDLIFE HABITAT CONSERVATION AREAS
§ 17A.04.010. Purpose and intent.
The purpose of this chapter is to identify,designate, classify and protect critical fish and wildlife species
and habitats, including special consideration to conservation or protection measures necessary to preserve
or enhance anadromous species and their habitats,consistent with best available science. (Ord. 2021-016,
2021)
§ 17A.04.020. Designation, and mapping,and classification.
I. Designation. Fish and wildlife habitat conservation areas include:
a. Waters of the state.
b. Areas with which federally-designated endangered, threatened, and sensitive fish and wildlife
species have a primary association.
C. Areas with which state-designated endangered, threatened, and sensitive fish and wildlife
species have a primary association. The Washington State Department of Fish and Wildlife
current list of endangered,threatened,and sensitive fish and wildlife species. State listed species
are those native fish and wildlife species legally designated as Endangered Species (WAC 220-
610-010),Threatened Species (WAC 220-200-100),or Sensitive Species(WAC 220-200-100).
d. State priority habitats and areas associated with state priority species. The state Department of
Fish and Wildlife current list of priority habitats and species, including all species identified in
17A.04.020(c).Kittitas County recognizes and incorporates Washington Department of Fish and
Wildlife's priority habitats and species list and maps into the designation of fish and wildlife
conservation areas.
e. Habitats and species of local importance. Kittitas County recognizes that the priority habitats
and species designated by the Washington Department of Fish and Wildlife that occur within the
County are locally important and are hereby designated as habitats and species of local
importance pursuant to KCC 17A.04.020(c).
f. Naturally occurring ponds smaller than twenty(20)acres.
g. Lakes,ponds, streams, and rivers planted with game fish by a government or tribal entity.
h. State natural areas preserve natural resource conservation areas. Natural area preserves and
natural resource conservation areas are defined, established, and managed by the Washington
State Department of Natural Resources.
i. State wildlife areas. State wildlife areas are defined, established, and managed by the
Washington State Department of Fish and Wildlife.
2. Mapping. The approximate location and extent of fish and wildlife priority habitat conservation areas are
shown on the County's critical area maps which shall include all fish and wildlife habitat conservation areas
designated in KCC 17A.04.020(1). These maps are intended to advise Kittitas County, applicants, and other
participants in the development permit process that a priority habitat or critical area may exist and additional
review may be necessary. Fish and wildlife priority habitat areas may exist that do not appear on the maps. The
County shall update the maps periodically as new fish and wildlife habitat conservation areas are identified and as
new information becomes available.
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Kittitas County,WA
§ 17A.04.010 CRITICAL AREAS § 17A.04.020
3 Habitat boundary survey. If the Director determines that a fish and wildlife habitat conservation area
may be present within the project vicinity, he/she may require the habitat area to be delineated and/or
mapped by a qualified professional
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Kittitas County,WA
§ 17A.04.020 KITTITAS COUNTY CODE § 17A.04.030
per KCC 17A.02.620 ors confirmed by the Washington Department of Fish and Wildlife. The existing
maps showing the locations of fish and wildlife habitat conservation areas are coarse- scaled,and for planning
purposes only.A survey performed by a qualified biologist may be necessary to determine the precise boundary
of a habitat area. Unless otherwise defined in this Chapter, the boundary of aquatic habitats shall be the
ordinary high water mark of the waterbody,the channel migration zone, or the active floodplain,whichever is
greater. The management recommendations for Washington's priority habitats and species or federal equivalent
should be used as a tool for identifying and delineating fish and wildlife habitat boundaries'. The County may
waive this requirement if there is adequate information available on the area proposed for development to
determine the impacts of the proposed development and appropriate mitigating measures per KCC 17A.04.070.
4. Waters of the state classification. For purposes of this Chapter, Kittitas County hereby adopts the
water typing system specified in WAC 222-16-030, as described below:
n. Type S: all waters,within their ordinary high water mark, meeting the criteria as "shorelines of
the state" and"shorelines of statewide significance"under RCW Chapter 90.58. The current list
of Shoreline waters,along with their specific shorelines environments,is provided in the Kittitas
County Shoreline Master Program(KCC Title 17B). Type S streams and lakes are protected by
the Shoreline Master Program,rather than through this Title.
o. Type F: segments of natural waters other than Type S Waters, which are within the bankfull
widths of defined channels and periodically inundated area of their associated wetlands, or
within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal
low water and which in any case contain fish habitat.
p. Type Np: all segments of natural waters within the bankfull width of defined channels that are
perennial non-fish habitat stream. Perennial stream waters do not go dry any time of a year of
normal rainfall. However, for the purpose of water typing, Type Np Waters include the
intermittent dry portions of the perennial channel below the uppermost point of perennial flow.
q. Type Ns: All segments of natural waters within the bankfull width of the defined channels that
are not Type S, F, or Np waters. These are seasonal, non-fish habitat streams in which surface
flow is not present for at least some portion of a year of normal rainfall and are not located
downstream from any stream reach that is a Type Np,F or S Water.Ns Waters must be upstream
from and physically connected by an above-ground channel system to Type S,F,or Np Waters.
[WAC 222-16-030]
(Ord. 2021-016,2021)
§ 17A.04.030. Riparian management zones and buffers.
1. Purpose. Riparian Management Zones (RMZs) and Buffers shall be established and maintained to
protect fish and wildlife habitat conservation areas. RMZs refer to areas established and maintained
to protect streams and are designated as a FWHCA per KCC 17A.04.020(1)(c). Buffers refer to areas
established and maintained to protect nonaquatic fish and wildlife habitat conservation areas.
2. RMZ Measurement. RMZs for streams shall be measured in all directions from the ordinary high
water mark(OHWM),the channel migration zone(CMZ)or active floodplain,as identified consistent
with BAS and site specific conditions. RMZ width shall be either the site-specific Site Potential Tree
Height(SPTH)or 100 feet,whichever is greater,consistent with BAS for pollution removal and Volume
'For terrestrial species,those management recommendations include,but are not limited to,Washington Department of Fish
&Wildlife's "Management recommendations for Washington's priority habitats;riparian"(1997). For aquatic species,
those management recommendations include,but are not limited to,Washington Department of Fish&Wildlife's "Riparian
Ecosystems, Volume 1:Science Synthesis and Management Implications"and "Riparian Ecosystems, Volume 2:
Management Recommendations"(2020).
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Kittitas County,WA
§ 17A.04.020 KITTITAS COUNTY CODE § 17A.04.030
2 of WDFW's Riparian Ecosystem Management Recommendation.
3. Buffer Measurement. Upland habitat buffers afe shall be established using best available science and
give special consideration to anadromous species.measufed usingif applicable,information such as the
Washington Department of Fish and Wildlife's Priority Habitat & Species GIS datae may be used to
inform upland habitat buffer requirements.
4. Building Setback. Building setbacks(KCC 17A.01.090 4.)are in addition to RMZs and upland habitat
buffers and are measured outward from the edge of the RMZ or upland habitat buffer boundary.
5. RMZ and Buffer condition. RMZs and buffers shall be maintained in a predominantly well-vegetated
2 When determining the RMZ width,the Director will utilize WDFW online mapping tools,including but not limited to
http:Hsdrw.maps.arcgis.com/gpps/MapJoumal/index.html?appid35b39e4Oa2af447b9556efl3l4a5622d and
hLtps:Hgpps.wdfw.wa.gov/salmonsc4pe/map.html.
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Kittitas County,WA
§ 17A.04.030 CRITICAL AREAS § 17A.04.030
and undisturbed condition to ensure that they perform their intended function of protecting the
FWHCA. Tree removal is prohibited in RMZs and FWHCA buffers other than in accordance with
17A.01.050.3.i&j.
6. Standard riparian management zones for waters of the state.
Table 17A.04.030.6 Standard RMZ Widths
Kittitas County Nonshoreline Rivers, Streams,Lakes and Ponds(does not include building
setback [KCC § 17A.01.090.5])
Riparian Management Zone Widths',','
Stream Type
Type S(Shoreline) See the SMP
Type F 1 SPTH from OHWM/CMZ/Floodplain Minimum 100'
Type Np 1 SPTH from OHWM/CMZ/Floodplain Minimum 100'
Type Ns 100,
' Interrupted RMZs: When a fish and wildlife habitat conservation area RMZ contains an existing
legally established public or private road, the Director may allow an alteration or development
on the landward side of the road provided that the alteration or development will not have a
detrimental impact to the habitat area.The Director may require a habitat management plan if-after
considering the hydrologic, geologic, and/or biological habitat connection potential and the extent
and permanence of the buffer interruption- such a plan is deemed necessary to confirm the lack of
detrimental impact on the habitat area.
2 Multiple RMZs or buffers: In the event that RMZs and/or upland habitat buffers for any
fish and wildlife habitat conservation area are contiguous or overlapping,the most protective of
the collective RMZs shall apply.
'Forested ecoregions are well-suited for using SPTH2O0 consistently to establish RMZ widths, and
so for these areas, landowners and land managers can rely on the SPTH2O0 information provided in
WDFW's SPTH mapping tool. When neither SPTH2O0 or the extent of the riparian vegetative
community is at least 100 feet,RMZ shall be a minimum of 100 feet to achieve 95%or more removal
efficacy of phosphorus, sediment, and most pesticides consistent with BAS Volume 2, Riparian
Ecosystems Management Recommendations, specifically section 2.3.4 Determining RMZ width&
section 2.3.5 Width delineation steps.
7. Increased RMZs or Upland Habitat Buffers. The Director shall increase the fish and wildlife habitat
conservation area RMZ or upland habitat buffer width where the standard widths are inadequate to
prevent significant adverse environmental impacts or to address hazards associated with the site or the
proposed alteration or development or to give special consideration for anadromous fish. The Director
may increase the RMZ or upland habitat buffer consistent with BAS.The Director shall consider increasing
the RMZ or upland habitat buffer when any of the following conditions are present:
a. The project site is within or adjacent to documented anadromous fish spawning or rearing
habitat;
b. The composition,quality and density of the buffer vegetation is insufficient to protect the habitat
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Kittitas County,WA
§ 17A.04.030 CRITICAL AREAS § 17A.04.030
area;
C. There is evidence of historical or current susceptibility to severe erosion, channel instability, or
aggrading consistent with active channel migration;
d. There are multiple channels or islands present; or
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Kittitas County,WA
§ 17A.04.030 KITTITAS COUNTY CODE § 17A.04.040
e. 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 geologic hazards
or frequently flooded areas such that an increased buffer may be required to protect ecological
functions.
8. Riparian management zone or Upland Habitat buffer averaging.The Director may allow averaging of
the standard RMZ or bland habitat buffer widths of fish and wildlife habitat sites in accordance with
an approved habitat management plan on a case-by-case basis. With RMZ or buffer averaging, the
RMZ or buffer width is reduced in one location and increased in another location to maintain the same
overall standard area. Proposals for RMZ or buffer averaging shall meet all the following:
a. The Fish and wildlife habitat conservation area RMZ or buffer has not been averaged or reduced
by any prior actions administered by Kittitas County;
b. No feasible site design could be accomplished without buffer averaging;
C. The RMZ or buffer averaging will not reduce habitat functions or adversely affect anadromous
fish habitat;
d. The minimum width of the RMZ or buffer at any given point is at least seventy-five percent
(75%)of the standard width; and
e. The area that is added to the RMZ or buffer to offset the reduction is well-vegetated or will be
densely planted with native vegetation along with monitoring and management to ensure that it
becomes so. The Director may require such native vegetation enhancement if needed to ensure
this criterion is met.
9. (Reserved)
10. Buffers for non-aquatic habitats.Appropriate site-and species-specific buffers for nonaquatic fish and
wildlife habitat conservation areas shall be based upon best available science, and recommendations
by the Washington Department of Fish and Wildlife or a qualified professional biologist.Buffers will
be measured in all directions from the habitat boundary, as mapped by the Washington State
Department of Fish and Wildlife or qualified professional pursuant to 17A.04.020 and verified by the
Director.
a. Interrupted Buffers: When a fish and wildlife habitat conservation area buffer contains an
existing legally established public or private road and/or a legally established development
which creates a significant interruption of buffer function, the Director may allow an alteration
or development on the opposite side of the road from the habitat area provided that the actions
will not have a detrimental impact to the habitat area. The Director may require a habitat
management plan if - after considering the hydrologic, geologic, and/or biological habitat
connection potential and the extent and permanence of the buffer interruption - such a plan is
deemed necessary to confirm the lack of detrimental impact on the habitat area.
b. Multiple buffers: In the event that buffers for any fish and wildlife habitat conservation area or
other critical area (including RMZs) are contiguous or overlapping, the most protective of the
collective buffers shall apply.
(Ord. 2021-016,2021)
§ 17A.04.040. General protection standards.
1. Alterations. All alterations and development shall be prohibited from fish and wildlife habitat
conservation areas and their buffers, except in accordance with this Title.A fish and wildlife habitat
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Kittitas County,WA
§ 17A.04.040 CRITICAL AREAS § 17A.04.050
conservation area,RMZ,or buffer may be altered only if the proposed alteration of the habitat and/or
any required compensatory mitigation does not degrade the functions and values of the habitat.
2. Mitigation requirement. Mitigation of alterations to fish and wildlife habitat conservation areas and
their buffers shall meet the requirements of KCC § 17A.04.030.
3. Anadromous fish.All alterations and development proposed to be located in aquatic fish and wildlife
habitat conservation areas used by anadromous fish or in areas that affect such aquatic habitat areas
shall give special consideration to the preservation and enhancement of anadromous fish habitat,
including,but not limited to, adhering to the following standards:
a. An alternative alignment or location for the alteration or development is not feasible;
b. The alteration or development is designed so that it will not degrade the functions or values of
the fish habitat or other critical areas;
C. Stream bank erosion control measures shall be designed to use bioengineering methods or soft
armoring techniques, according to the WDFW Integrated Stream Bank Protection Guidelines
(WDFW,2003) (an approved habitat management plan, and
d. Any impacts to the functions or values of the aquatic fish and wildlife habitat conservation area
are mitigated in accordance with a habitat management plan.
4. Timing restrictions.
a. Fish.In-water work alteration or development shall be timed to occur only during the allowable
work window as designated by the Washington State Department Fish and Wildlife (WDFW)
for the applicable species and aquatic fish and wildlife habitat conservation area type.
b. Wildlife. The County shall impose limitations on construction activities during breeding and/or
nesting periods for priority species when necessary to protect the species and avoid adverse
impacts. Appropriate timing restrictions for wildlife species shall be based upon best available
science and WDFW recommendations.
(Ord. 2021-016,2021)
§ 17A.04.050. Permitted alterations and development.
The following alterations and development may be permitted in fish and wildlife habitat conservation areas
and/or their riparian management zones or buffers when all feasible measures have been taken to avoid and
mitigate adverse effects on species and habitats and a net loss of habitat functions will not occur.
1. Clearing and grading. When clearing and grading is permitted in a fish and wildlife habitat
conservation area or its associated RMZ or buffer as part of an authorized alteration or development
or as other allowed in these standards,the following shall apply:
a. Grading is allowed only during the dry season, as determined by the Director;
b. Clearing and grading shall be limited to the minimum necessary to accomplish the alteration or
development; and
C. Erosion and sediment control will meet or exceed the standards set forth in the current version
of the Stormwater Manual for Eastern Washington.
2. Stream bank stabilization. Stream bank stabilization and protection shall be permitted subject to all
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§ 17A.04.050 KITTITAS COUNTY CODE § 17A.04.050
the following standards,and those standards described in WDFW's Integrated Streambank Protection
Guidelines(WDFW,2003),WDFW's 2012 Stream Habitat Restoration Guidelines(SHRG),and KCC
§ 17A.01.120.4:
a. Natural riverine processes, including channel migration, will be maintained to the maximum
extent practicable;
b. The alteration or development will not result in increased erosion and will not alter the size or
distribution of stream substrate;
C. Nonstructural measures, such as placing or relocating the development further from the aquatic
habitat area,planting vegetation,or installing on-site drainage improvements,are not feasible or
not sufficient to protect the stream bank;
d. Stabilization is achieved through bioengineering or soft armoring techniques; and
e. Hard bank armoring may occur only when the property contains a primary, already existing,
legally-established,permanent structure,which is unable to be relocated,that is in danger from
erosion caused by riverine processes, as documented in a geotechnical analysis prepared by a
qualified professional. The armoring shall not expand beyond the original structural footprint,
unless necessary to protect existing permanent buildings,roads or utility infrastructure adjacent
to the bank, and shall not increase erosion or flooding on adjacent properties.
3. Docks and launching ramps. Construction, reconstruction, repair, and maintenance of docks and
public or private launching ramps are subject to all the following, and those standards described in
KCC § 17A.01.120.4:
a. The dock or ramp is located and oriented and constructed in a manner that minimizes adverse
effects on water quality,movement of aquatic and terrestrial life,ecological processes,spawning
habitat, and wetlands;
b. Docks and ramps shall meet or exceed all relevant state and federal permit requirements; and
C. No adverse impact to fish or wildlife habitat areas or associated wetlands will occur.
4. Roads, trails, bridges, and rights-of-way. Construction of trails, roadways, and bridges through or
across streams, other fish and wildlife habitat conservation areas and/or their RMZs or buffers are
subject to all the following,and those standards described in WDFW's Water Crossing Guidelines and
KCC § 17A.01.120.4:
a. There is no other feasible alternative route with less impact on the fish and wildlife habitat
conservation area;
b. The crossing minimizes interruption of downstream movement of wood, ice, sediment, and the
movement of all fish and wildlife. Bridges are preferred for all stream crossings and should be
designed to maintain the existing stream substrate and gradient, provide adequate horizontal
clearance on each side of the ordinary high water mark,and provide adequate vertical clearance
above the ordinary high water mark;
C. Roads within a stream buffer shall not run parallel to the water body when there is an alternative
alignment that has less adverse effect on stream functions;
d. Trails shall be located on the outer edge of the fish and wildlife habitat conservation area buffer,
except for limited viewing platforms and at the crossing,and shall use pervious materials where
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§ 17A.04.050 CRITICAL AREAS § 17A.04.050
feasible;
e. Stream crossings, where necessary, shall be perpendicular with the stream, or as close to
perpendicular as possible, and shall be the minimum width necessary. Common or shared
crossings are the preferred approach where multiple properties can be accessed by one crossing;
and
f. Culverts and bridges shall be designed according to applicable state and federal guidance criteria
for fish passage as identified in Fish Passage Design at Road Culverts,WDFW,2003,and/or the
National Marine Fisheries Services Guidelines for Anadromous Salmonid Passage Facility
Design, 2011, (and subsequent revisions) or WDFW's Water Crossing Design Guidelines
(WDFW,2013).The applicant or property owner shall maintain fish passage through the culvert.
5. Utility facilities. New utility lines and facilities may cross streams or Fish and wildlife habitat
conservation areas if they comply with the following standards,and those standards described in KCC
§ 17A.01.120.4:
a. There is no other feasible alternative route with less impact on the Fish and wildlife habitat
conservation area;
b. Installation at a stream crossing shall be accomplished by boring beneath the scour depth and
hyporheic zone of the stream and the entire channel migration zone width,where feasible;
C. Where boring under the channel is not feasible.the utilities shall cross at an angle of no less than
sixty(60)degrees,but as close to ninety(90)degrees as possible,relative to the centerline of the
channel;
d. Crossings shall be contained within the footprint of an existing road, bridge or utility crossing
where possible;
e. The utility route shall avoid paralleling the stream or following a down-valley course near the
channel; and
f. The utility installation shall not increase or decrease the natural rate of channel migration.
6. Instream structures.-The structure shall be designed to avoid modifying flows and water quality in
ways that may adversely affect habitat conservation areas.
7. Stormwater conveyance and discharge facilities. Stormwater conveyance or discharge facilities such
as dispersion trenches, level spreaders, and outfalls may be placed within the outer 25%of a standard
fish and wildlife habitat conservation area buffer on a case-by-case basis when the Director determines
that all the following are met:
a. Due to topographic or other physical constraints, there are no feasible locations for these
facilities outside the standard fish and wildlife habitat conservation buffer;
b. The discharge is located as far from the ordinary high water mark(OHWM) as possible and in
a manner that minimizes disturbance of soils and vegetation;
C. The discharge outlet is located in the outer 25%of the standard buffer and is designed to prevent
erosion and promote infiltration; and
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§ 17A.04.050 KITTITAS COUNTY CODE § 17A.04.060
d. The discharge meets state water quality standards,including total maximum daily load(TMDL)
standards as appropriate at the point of discharge.
8. Onsite sewage systems and wells.
a. New on-site sewage systems and/or individual wells may be placed within standard aquatic fish
and wildlife habitat conservation area buffers only if:
i. There are no alternative locations outside of the buffer;
ii. It complies with all state and local regulations; and
iii. The onsite sewage system and/or well is accessory to an approved residential structure,for
which it is not feasible to connect to a public sanitary sewer system, and is subject to
approval by the Director on a case by case basis.
b. The onsite sewage system and/or well is accessory to an approved residential structure,for which
it is not feasible to connect to a public sanitary sewer system, and is subject to approval by the
Director on a case by case basis.
i. Connection to an available public sanitary sewer system;
ii. Replacement with a new on-site sewage system located in a portion of the site that has
already been disturbed by development and is located landward from the habitat area as far
as possible,provided the proposed sewage system is in compliance with the Kittitas County
Health Department; or
iii. Repair to the existing on-site septic system.
(Ord. 2021-016,2021)
§ 17A.04.060. Reporting.
1. When required. If a proposed development is located within or adjacent to a known or suspected fish
and wildlife habitat conservation area, the Director shall require the applicant to submit a habitat
management plan prepared by a qualified professional,defined in KCC§ 17A.02.620,which includes
the information listed in this section. The requirement to provide a habitat management plan for fish
and wildlife habitat conservation areas may be waived on a case by case basis if the Director
determines that there are no potential direct and/or indirect impacts on designated species or habitats
that would result from the proposed development.
2. Contents. When required by this chapter, habitat management plans for habitat conservation shall
include the general critical areas report requirements, as described in KCC § 17A.01.080, in addition
the following:
a. Identification of any state or federal endangered,threatened, sensitive, or candidate species that
have a primary association with habitat on the project area;
b. Map showing the location of the ordinary high water mark and/or locations of fish and wildlife
habitat conservation area(s)and their buffers in accordance with KCC § 17A.04.020;
C. The vegetative, faunal, topographic, and hydrologic characteristics of the fish and wildlife
habitat conservation area;
d. A discussion of any federal, state, or local special management recommendations, including
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§ 17A.04.060 CRITICAL AREAS § 17A.04.070
Washington Department of Fish and Wildlife habitat management recommendations,that have
been developed for species or habitat located on or adjacent to the project area;
e. A detailed discussion of the direct and/or indirect potential impacts on the fish and wildlife
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;
f. The general mitigation plan requirements of KCC § 17A.01.080 as well as the fish and wildlife
habitat conservation area mitigation requirements of KCC § 17A.04.070, if the alteration or
development will result in unavoidable impacts to fish and wildlife habitat conservation areas;
and
g. Methods and measures to avoid, minimize and/or compensate for adverse impacts associated
with the proposed development, including,but not limited to:
i. Prohibition or limitation of use, alteration, and development within the fish and wildlife
habitat conservation area;
ii. Retention of vegetation and/or re-vegetation of areas/habitats critically important to
species;
iii. Special construction techniques;
iv. Implementation of erosion and sediment control measures;
V. Habitat restoration or enhancement(e.g.,fish passage barrier removal);
vi. Seasonal restrictions on construction activities on the subject property;
vii. Clustering of alterations or development on the subject property; and
viii. Any other requirements and/or recommendations from federal, state, or local special
management recommendations, including the Washington State Department of Fish and
Wildlife's habitat management guidelines.
(Ord. 2021-016,2021)
§ 17A.04.070. Mitigation requirements.
1. General mitigation requirements. Mitigation for alteration or impacts to fish and wildlife habitat
conservation areas shall achieve equivalent or greater biological functions and shall include mitigation
for adverse impacts upstream and downstream of the development project site. Mitigation shall
address each functional attribute affected by the alteration to achieve functional equivalency or
improvement on a per function basis. Mitigation elements may include, but are not limited to:
restoration of previously degraded areas and key habitat features; restoration of riparian vegetation
communities to provide shade and large woody debris;addition of large woody debris;and installation
of upland habitat features.
2. Buffer for aquatic habitat conservation mitigation sites. Any aquatic fish and wildlife habitat
conservation area that is created,restored,or enhanced as compensation for approved alterations shall
be assigned the same buffer as would be required for the category of the original aquatic fish and
wildlife habitat conservation area.
-2-.3. Mitigation ratios. Impacts and reductions to riparian management zones and buffers shall be mitigated
at a minimum of a 1:1 ratio. The Director may determine that higher mitigation ratios or mitigation
performance standards may be required when uncertainty exists as to the probable success of the
proposed restoration or to ensure no net loss of ecological function.
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3-.4_Type of mitigation required. In determining the extent and type of mitigation required, the Director
may consider all the following:
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§ 17A.04.070 KITTITAS COUNTY CODE § 17A.04.070
a. The ecological processes that affect and influence habitat structure and function within the
watershed or sub-basin;
b. The individual and cumulative effects of the action upon the functions of the critical area and
associated watershed;
C. Observed or predicted trends regarding the gains or losses of specific habitats or species in the
watershed,in light of aggregated natural and human processes;
d. The likely success of the proposed mitigation measures;
e. Effects of the mitigation actions on neighboring properties; and
f. Opportunities to implement restoration actions formally identified by any of the following plans
(or equivalent plans): an adopted shoreline restoration plan; a watershed planning document
prepared and adopted pursuant to Chapter 90.82 RCW; and/or a salmonid recovery plan or
project that has been identified on the Salmon Recovery Board Habitat Project List or by the
Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat
enhancement.
4.5_Timing.Where feasible,mitigation projects shall be completed prior to or concurrently with permitted
and approved alterations and development that will disturb fish and wildlife habitat conservation areas.
In all other cases, as approved by the Director, mitigation shall be completed as quickly as possible
following disturbance and, aside from monitoring requirements, shall be completed prior to use or
occupancy of the alteration or development. Construction of mitigation projects shall be timed to
reduce impacts to existing fish, wildlife and flora; provided, that the Director may adjust the timing
requirements to allow grading,planting,and other alterations to occur during the appropriate season(s).
-5-.6_Location. Compensatory mitigation shall be provided on-site or off-site in the location that will
provide the greatest ecological benefit to the species and/or habitats affected and have the greatest
likelihood of success. Mitigation shall occur as close to the impact site as possible, within the same
sub-basin, and in a similar habitat type as the permitted alteration unless the applicant demonstrates
to the satisfaction of the Director through a watershed-or landscape-based analysis that mitigation
within an alternative sub-basin of the same watershed would have greater ecological benefit.
6-.7_Design. Mitigation projects involving in-water work including, but not limited to, stream relocation
and installation of engineered large woody debris structures shall be professionally engineered and
designed to ensure there are no adverse hydraulic effects on upstream or downstream properties, and
shall comply with all applicable permits such as a hydraulic project approval (HPA) from the WA
Department of Fish and Wildlife.
(Ord. 2021-016,2021)
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Kittitas County,WA
§ 17A.05.010 CRITICAL AREAS § 17A.05.040
CHAPTER 17A.05
FREQUENTLY FLOODED AREAS
§ 17A.05.010. Purpose and intent.
It is the purpose of this chapter to reduce the risk to life, property damage, and public facilities that result
from floods; mitigate flood hazards that may be exasperated by climate change; and to protect fish and
wildlife habitat conservation areas that occur wholly or partially within frequently flooded areas.
(Ord. 2021-016,2021)
§ 17A.05.020. Classification,designation, and mapping.
1. Mapped areas.All lands classified as floodway or special flood hazard areas in the Federal Emergency
Management Agency report titled "The Flood Insurance Study for the County of Kittitas County"
dated November 5, 1980,as now or hereafter amended,with accompanying Flood Insurance Rates and
Boundary Maps,are designated as frequently flooded areas.The study and maps are on file at Kittitas
County.
2. Other areas. The Flood Insurance Study maps may not show all potential flood hazard areas. Kittitas
County may designate unmapped frequently flooded areas. Such designations may be appealed
pursuant to KCC § 14.08.160. The Director's designation of an unmapped frequently flooded area
shall be based upon the following criteria:
a. Documented history of flooding;
b. Presence of alluvial fan hazards and/or channel migration zones;
C. Evidence of stream channel instability and susceptibility to erosion, and/or
d. High groundwater flood hazards Ord. 2021-016,2021;
§ 17A.05.030. Protection standards.
1. Avoidance.All new development shall be located outside of frequently flooded areas,if at all possible
and will follow the standard mitigation sequencing process, as defined in KCC § 17A.01.100.
2. Floodplain storage. New uses or developments shall not reduce the effective flood storage volume,
alter the direction of flood flows, or concentrate flood flows within a frequently flooded area. If
proposed grading, fill, or other alteration or development would reduce effective flood storage
volume,then flood storage mitigation per KCC § 17A.05.050 is required.
(Ord. 2021-016,2021)
§ 17A.05.040. Reporting.
The Director'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 KCC § 14.08.130, the general
critical areas report requirements of KCC § 17A.05.040, and the following:
1. The nature,location,dimensions, and elevations of the project property;
2. Names and location of all lakes, water bodies, streams, and drainage facilities within three hundred
(300)feet of the site;
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§ 17A.05.040 KITTITAS COUNTY CODE § 17A.05.050
3. The proposed drainage system including, but not limited to, storm sewers, overland flow paths,
detention facilities, and roads;
4. Existing and proposed structures, fill, pavement, and other impervious surfaces, and locations for
storage of hazardous materials;
5. Existing native vegetation and proposed clearing limits; and
6. If the proposed development involves grading, excavation, or filling, include proposed post-
development terrain at one(1)foot contour intervals.
(Ord. 2021-016,2021)
§ 17A.05.050. Compensatory mitigation requirements.
1. Floodplain storage. If development occurs within a frequently flooded area, the volume of space
occupied by the authorized fill or structure below the base flood elevation shall be compensated for
and balanced by a hydraulically equivalent volume of excavation taken from below the base flood
elevation. Compensatory storage shall comply with KCC § 14.08.315 and the following:
a. 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;
b. Provide flood storage that is hydrologically connected to the source of flooding;
C. Provide flood storage in an area that is vegetated;
d. Consider the existing and future ecological hydrologic functions of the impact and mitigation
sites;
e. Result in no net rise of flood elevations (when the mitigation will occur at a distance from the
fill location);
f. Areas below the waterline of a pond or other body of water cannot be credited as compensatory
storage;
g. Provide flood storage in the same construction season as when the displacement of flood storage
volume occurs and before the flood season begins; and
h. 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.
2. Floodplain storage site selection. The order of preference for selecting floodplain storage sites shall
be:
a. Onsite flood storage;
b. Off-site flood storage in close proximity upstream or downstream of the floodplain fill location;
and
C. Off-site flood storage in a location further upstream or downstream of the floodplain fill location.
3. Floodplain storage mitigation plans. When required by KCC § 17A.05.050.2, floodplain storage
mitigation plans shall be prepared by an engineer or geologist licensed in the state of Washington and
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§ 17A.05.050 CRITICAL AREAS § 17A.05.050
address the general mitigation plan requirements of KCC § 17A.01.080 as well as the following:
a. Potential that materials may be swept during flooding onto other lands to the detriment of others;
b. Actual danger to life and property if flooding or erosion occurs;
C. Susceptibility of the proposed development and its contents to flood damage;
d. Availability of alternative locations for the proposed development which are not subject to flood
or erosion damage;
e. Relationship of the proposed development to any comprehensive flood hazard managements
plans adopted pursuant to RCW Chapter 86.12;
f. Safety of access to the property in times of flooding for ordinary and emergency vehicles;
g. Expected heights,velocity, duration,rate or rise, and sediment transport of the flood waters and
the effects of wave action at the site;
h. Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities;
i. Location and extent of storage area for floodwater which will be displaced by the proposed
development; and
j. The risk to public and private property and public health, safety, and welfare due to rising of
water levels; potential for ice jams and resulting changes to stream flow patterns; shifting of
stream channels (including related erosion); and 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. 2021-016,2021)
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Kittitas County,WA
§ 17A.06.010 CRITICAL AREAS § 17A.06.020
CHAPTER 17A.06
GEOLOGICALLY HAZARDOUS AREAS
§ 17A.06.010. Purpose and intent.
The purpose of this Chapter is to protect human life and safety,prevent damage to structures and property,
and minimize impacts to water quality and fish and wildlife caused by geologic hazards.
(Ord. 2021-016,2021)
§ 17A.06.020. Designation,classification, and mapping.
1. Designation. Lands classified as landslide, erosion(including channel migration zones), alluvial fan,
seismic, and mine hazard areas, are hereby designated as geologically hazardous areas.
2. Classification.
a. Potential landslide hazard areas.Landslide hazard areas shall include areas 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.Potential landslide hazard areas include but are not
limited to the following areas:
i. Areas of historic failures;
ii. Areas designated as quaternary slumps, earth-flows, mudflows, or landslides on maps
published by the U.S. Geological Survey or Washington State Department of Natural
Resources;
iii. 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;
iv. Areas that have shown movement and/or are underlain or covered by mass wastage debris;
V. Slopes that are parallel or sub-parallel to planes of weakness (which may include but not
be limited to bedding planes, soft clay layers,joint systems,and fault planes)in subsurface
materials;
vi. Slopes having gradients steeper than eighty percent (80%) subject to rock fall during
seismic shaking;
vii. Areas that show evidence of, or are at risk from snow avalanches; and
viii. 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 competent 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;
ix. Potentially unstable slopes resulting from river erosion or undercutting;
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§ 17A.06.020 CRITICAL AREAS § 17A.06.020
X. Areas that show past sloughing or calving of sediment or rocks resulting in a steep slope
that is poorly vegetated;
xi. Deep-seated landslide areas characterized by one or more of the following features:
scalloped ridge crests at the top of the slope,crescent shaped depressions,head scarps,side
scarps, ponds or sag areas on mid slopes, benches and scarps on mid slope areas,
hummocky ground, linear fractures in the ground. These features may be evident in aerial
images,topographic maps,LiDAR imagery or on the ground;
xii. Areas below unstable slopes or that have been identified as landslide hazard areas that
could be impacted by landslide run out; and
xiii. Areas above or adjacent to unstable slopes that could be impacted if the landslide area
expands.
b. Potential erosion hazard areas.Erosion hazard areas shall include areas containing soils that may
experience significant erosion, including:
i. Soil areas identified by the Natural Resources Conservation Service as having "severe" or
"very severe" erosion hazard.
ii. Slopes forty percent(40%)or steeper with a vertical relief of ten(10)or more feet, except
areas composed of consolidated rock.
iii. 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.
iv. Channel migration zones, which are defined as the areas along a river or stream 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.
C. Alluvial fan hazard areas. Alluvial fan hazard areas shall include those areas on alluvial fans
where debris flows,debris floods,or clear water floods have the potential to significantly damage
or harm the health or welfare of the community. They include the area generally corresponding
to the path of potential flooding,channel changes,sediment and debris deposition,or debris flow
paths as determined by analysis of watershed hydrology and slope conditions,topography,valley
bottom and channel conditions, potential for channel changes, and surface and subsurface
geology.
i. If the approval authority determines that a proposed use along a Type S or F stream is
within a historic channel migration zone, based on field conditions, historic information,
LIDAR imagery or aerial photography,and the one-hundred-year channel migration hazard
area has not been mapped, the approval authority shall require the applicant to determine
if a one-hundred-year channel migration hazard area is present on the site and, if so,
delineate its location and extent.
ii. The determination as to whether the one-hundred-year channel migration hazard area
affects the subject property shall be based on the findings of a qualified professional
proficient in fluvial geomorphology using a reliable methodology to determine channel
migration accepted by the department(e.g.,as described in the Washington Department of
Natural Resources' Forest Practices Board Manual, Standard Methods for identifying
Channel Migration Zones and Bankfull Channel Features,dated 8/2001,as amended;or in
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§ 17A.06.020 KITTITAS COUNTY CODE § 17A.06.030
"A Framework for Delineating Channel Migration Zones," Washington Department of
Ecology, 2003, as amended). Maps delineating the one-hundred-year channel migration
hazard area shall be of a scale and format specified by the department.
d. Seismic hazard areas. Seismic hazard areas shall include areas subject to severe risk of damage
as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction,
lateral spreading, or surface faulting.
e. Volcanic hazard areas. Volcanic hazard areas shall include 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 likely limited to ash deposition.
f. Mine hazard areas. Mine hazard areas shall include areas underlain by abandoned mine shafts,
secondary passages between shaft 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.
3. Mapping. The approximate location and extent of geologically hazardous areas 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 geologically hazardous area
presence or extent. Other geologically hazardous areas may exist that do not appear on the maps,and
some geologically hazardous areas that appear on the maps may not meet the geologically hazardous
areas designation criteria.The County shall update the maps periodically as new information becomes
available and may require additional studies during the development review process to supplement
and/or confirm the mapping. Historic maps showing the locations of known coal mines within the
County are available from the Washington Department of Natural Resources.
(Ord. 2021-016,2021)
§ 17A.06.030. General protection standards.
1. Generally.New developments shall be located and/or engineered and constructed to minimize risk to
health and safety, protect the building and occupants from the hazard, and not increase the risk of
landslides or erosion that could impact either other properties,public resources,or other critical areas
such as wetlands and fish and wildlife habitat conservation areas.If impacts to other properties,public
resources or other critical areas cannot be avoided these impacts should be mitigated for.The Director
may impose conditions on alterations and development in a geologically hazardous area as needed to:
a. Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks;
b. Maintain natural sediment and erosion processes that are integral to the health and sustainability
of freshwater ecosystems as well as minimizing impacts to stream and river processes such as
channel infill, channel migration or flooding;
C. Minimize the potential for property damage related to seismic events,erosion and/or landslides;
d. Minimize the need for stream or river bank stabilization in the future;
e. Protect human health and safety; and
f. Reduce public liabilities for damages associated with seismic events,erosion and/or landslides
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Kittitas County,WA
§ 17A.06.030 CRITICAL AREAS § 17A.06.040
2. Impact avoidance. 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.
3. Location of alterations. New development shall be directed toward portions of a parcel or parcels
under contiguous ownership that are not subject to, or at risk from, geological hazards and/or are
outside any setback or buffer established by this Chapter.
4. Critical facilities prohibited. Critical facilities shall not be sited within landslide, erosion,alluvial fan,
or mine hazard areas unless there is no other practical alternative.
5. Review by qualified professional. A qualified geologist or engineering geologist, or professional
engineer licensed in the state of Washington, shall review development projects that occur in
potentially geologically hazardous areas to determine the risk. If development takes place within an
identified geologically hazardous area requiring design or structural elements to mitigate the hazard,
a report describing the geologically hazardous area and conditions shall be prepared as described in
KCC § 17A.06.100, and the design shall be approved by an qualified engineering geologist, or
professional engineer licensed in State of Washington with expertise in geologically hazard mitigation.
6. Life of structure. Proposed developments shall be sited far enough from erosion and landslide hazard
areas to ensure at least one hundred (100) years of useful life for the proposed structure(s) or
infrastructure. The location should be determined by a qualified geologist or engineering geologist,
licensed in the state of Washington and be should be based on site specific evaluation of the landslide
and/or erosion hazard.
(Ord. 2021-016,2021)
§ 17A.06.040. Landslide hazard area standards.
1. Generally. Alterations and development may be allowed adjacent to landslide hazard areas,provided
that all responsible measures have been taken to minimize risks and other adverse effects, and the
amount and degree of the alteration are limited to minimum needed to accomplish the project purpose.
Prior to approving a new alteration or development in or adjacent to a landslide hazard area the
Director shall determine that all the following standards are met:
a. A minimum setback equal to the height of the slope or 40 feet, whichever is greater or as
recommended in an approved geotechnical report;
b. The alteration or development includes all appropriate measures to eliminate, reduce, or
otherwise mitigate risks to health and safety;
C. The alteration or development is located outside of a landslide hazard area and any required
setback, as determined by a qualified engineer, engineering geologist, or geologist, licensed in
the state of Washington;
d. The alteration or development will not decrease slope stability on adjacent properties;
e. The alteration or development shall not increase the risk or frequency of landslide occurrences;
f. The removal and disturbance of vegetation, clearing, or grading shall be limited to the area of
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§ 17A.06.040 KITTITAS COUNTY CODE § 17A.06.040
the approved alteration or development;
g. The alteration or development will not increase surface water discharge or sedimentation to
adjacent properties beyond predevelopment conditions;
h. The proposed alterations will not adversely impact other critical areas; and
i. Structures and improvements including drainage and vegetation management are designed to
have no impact on the slope stability; and
j. If development takes place within an identified geologically hazardous area, the development
must be designed to fully mitigate the risk to the structure(s) and not increase the risk to the
public, other properties or public infrastructure or resources.
2. Permitted alterations and development.The following alterations and development may be allowed in
landslide hazard areas when all reasonable measures have been taken to minimize risks and other
adverse effects associated with landslide hazards, and when the amount and degree of alteration is
limited to the minimum needed to accomplish the alteration or development:
a. Above-ground utility lines and pipes. Utility lines and pipes that are above-ground, properly
anchored and/or designed so that they will not increase the risk or consequences of static or
seismic slope instability or result in an increased risk of mass wasting. Such utility lines may be
permitted only when the applicant demonstrates that no other feasible alternative is available to
serve the affected population.For pipelines,automatic shut off valves should be located as close
as practical to the landslide area so that the release from the pipe upon breakage is minimized.
b. Access roads and trails. Access roads and trails that are engineered and built to standards that
avoid the need for major repair or reconstruction beyond that which would be required in non-
hazard areas. Access roads and trails may be permitted only if the applicant demonstrates that
no other feasible alternative route exists. Standards to minimize impacts may be specified by the
Director.
C. Stormwater conveyance. Stormwater conveyance through a properly designed stormwater pipe
when no other stormwater conveyance alternative is available. The pipe shall be located above-
ground and be properly anchored and/or designed so that it will continue to function in the event
of a slope failure or movement of the underlying materials and will not increase the risk or
consequences of static or seismic slope instability or result in increased risk of mass wasting
activity.
3. Setbacks. The Director shall require setbacks from the edges of any landslide hazard area in
accordance with the following:
a. The size of the setbacks shall be based on the findings of a qualified engineering geologist or
geologist, licensed in the state of Washington, and shall protect critical areas and minimize the
risk of property damage,death,or injury resulting from landslides caused in whole or part by the
alteration or development and shall be sized to provide protection for a period of at least 100 years
based on the assessment of the geologic processes within the landslide hazard area;
b. The setback above the landslide hazard area shall include consideration of hydrologic
contribution to the landslide area and/or the area subject to the potential for mass movement,and
the setback down slope from the landslide hazard area shall include consideration of landslide
run out; and
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§ 17A.06.040 CRITICAL AREAS § 17A.06.050
C. The Director shall have the authority to require appropriate management of vegetation or land
use within the setback area to minimize the risk of increasing the risk of landslides.
(Ord. 2021-016,2021)
§ 17A.06.050. Erosion hazard area standards.
1. Generally. Alterations or development may be allowed within erosion hazard areas,provided that all
responsible measures have been taken to minimize risks and other adverse effects with erosion
hazards, and the amount and degree of the alteration are limited to minimum needed to accomplish
the project purpose.Prior to approving a development or alteration in or adjacent to an erosion hazard
area, a report will be prepared as defined in KCC § 17A.06.100. Based on this information, the
Director shall determine whether all the following standards are met.
a. The alteration or development includes all appropriate measures to eliminate or otherwise
mitigate risks to health and safety;
b. The alteration or development includes best management practices to prevent, control and
minimize erosion;
C. The alteration or development will not increase erosion potential;
d. The removal and disturbance of vegetation, clearing, or grading shall be limited to the area of
the approved alteration or development;
e. The alteration or development will not increase surface water discharge or sedimentation to
adjacent properties beyond predevelopment conditions, as documented in a geologically
hazardous area risk assessment and/or geotechnical report;
f. The proposed alterations will not adversely impact other critical areas; and
g. Structures and improvements are designed to minimize alterations to the erosive soils and slopes.
2. Channel migration zones.If County maps or consultation by the Director with qualified professionals
or agencies with expertise indicate that a potential channel migration zone hazard exists on or adjacent
to a proposed development site,the applicant shall either:
a. Locate the proposed development outside of an already defined channel migration hazard area
as indicated on the map; or
b. Submit a Channel Migration Zone Report, as described in KCC § 17A.06.100 prepared by a
qualified geologist, or engineering geologist, or professional engineer, licensed in the state of
Washington with experience in analyzing channel response in the fluvial systems of the Pacific
Northwest.
3. Permitted alterations and development in channel migration zones. The following alterations and
development shall be allowed as specified below and previous sections:
a. Surface water discharge.Discharge of surface water,provided there are no other alternatives for
discharge. The pipe shall be located on the surface of the ground and be properly anchored so
that it will continue to function under erosion conditions and not create or contribute to adverse
effects on downstream critical areas.
b. Utility lines. Utility lines, when no feasible location is available. Above-ground lines shall be
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§ 17A.06.050 KITTITAS COUNTY CODE § 17A.06.070
anchored and/or designed so that it will not preclude or interfere with channel migration.Below
ground lines shall be of sufficient depth as to not be affected by future channel migration.
C. Public roads, bridges, and trails. Public roads, bridges, and trails when no feasible alternative
alignment is available. Facilities shall be designed such that the roadway prism and/or bridge
structure will not be susceptible to damage from active erosion.
d. Stream bank stabilization. Stream bank stabilization may be permitted subject to all of the
standards listed in KCC § 17A.04.050.
4. CMZ buffers or setbacks. Based upon the results of the channel migration zone assessment, the
Director shall prohibit or limit use or development within a channel migration zone and may require
a setback or a buffer of undisturbed natural vegetation from the edge of the channel migration zone in
accordance with the following:
a. The size of the setback or buffer shall be based on the findings of a qualified engineer,
engineering geologist,or geologist,licensed in the state of Washington,and shall protect critical
areas and processes and minimize the risk of property damage, death, or injury resulting from
channel migration;
b. The buffer shall include the area subject to bank failure as a result of erosion; and
C. If the designated buffer lacks adequate woody vegetation, the Director shall have the authority
to require vegetation enhancement or other measures to improve natural channel processes and
large wood recruitment.
(Ord. 2021-016,2021)
§ 17A.06.060. Alluvial fan hazard standards.
1. Permitted alteration and development. Alluvial fan hazards will be determined by County maps,
LIDAR, and aerial photography. The following alterations and development may be allowed in
alluvial fan hazard areas, after accounting for restrictions defined by other critical area regulations,
when all reasonable measures have been taken to minimize risks and other adverse effects associated
with alluvial fan hazards, and when the amount and degree of alteration are limited to the minimum
needed to accomplish the alteration or development:
a. Roads, utilities, bridges, and other infrastructure. Roads, utilities, bridges, and other
infrastructure when located and designed to prevent adverse impacts on critical areas and avoid
the need for channel dredging or diking or other maintenance activities that have the potential to
substantially degrade river and stream functions.
b. Residential and commercial developments. Permanent residential structures and commercial
developments shall be allowed in alluvial fan hazard areas only if the alluvial fan has undergone
a County-approved study to assess potential hazards, determine risks, and identify mitigation
measures and is deemed suitable for development. The Director shall make this determination
based on a detailed assessment by a qualified engineer, engineering geologist, or geologist,
licensed in the state of Washington, that identifies the risks associated with a 500-year return
period debris flow or the maximum credible event that could impact the alluvial fan.
C. Accessory structures. Accessory structures not involving human occupancy shall be allowed.
(Ord. 2021-016,2021)
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§ 17A.06.070 CRITICAL AREAS § 17A.06.100
§ 17A.06.070. Seismic hazard standards.
1. Permitted alterations and development.Alterations and development within seismic hazard areas shall
follow the provisions of the Kittitas County-adopted version of the Uniform Building Code.
Alterations and development within seismic hazard areas shall not require the submission of a
geologically hazardous area risk assessment or geotechnical report
(Ord. 2021-016,2021)
§ 17A.06.080. Volcanic hazard areas.
1. Permitted alterations and development.Because volcanic hazards in Kittitas County are limited to ash
deposition, alterations and development located only within volcanic hazard areas, and not other
geologically hazardous areas, shall not require the submission of a geologically hazardous area risk
assessment or geotechnical report.
(Ord. 2021-016,2021)
§ 17A.06.090. Mine hazard areas.
1. Alteration. There are no additional protection standards for mine hazard areas;the standards of KCC
§ 17A.06.030 shall apply.
(Ord. 2021-016,2021)
§ 17A.06.100. Reporting.
1. Geologically hazardous area risk assessment. If a proposed development is located within or adjacent
to a known or suspected landslide,mine,alluvial fan,or erosion hazard area,the applicant shall submit
a Geologically Hazardous Area Risk Assessment prepared by a qualified professional geologist or
engineering geologist.No further analysis shall be required if the Geologically Hazardous Area Risk
Assessment concludes that the alteration or development is not at risk from potential geologic hazards,
and that there is no geologic hazard present on or adjacent to the site.
If the Geologically Hazardous Area Risk Assessment and/or the Director concludes that a geologically
hazardous area is located on or adjacent to the alteration or development and/or the alteration or
development is at risk from potential geologic hazards, the applicant shall submit a Geotechnical
Report consistent with the provisions of KCC § 17A.02.370, and prepared by a qualified engineer or
engineering geologist.
2. Geologically hazardous area risk assessment contents. When required by this Chapter, Geologically
Hazardous Area Risk Assessments shall include the general critical areas report requirements of KCC
§ 17A.01.080 in addition to the following:
a. A description of the geology of the site and the proposed development;
b. An assessment of the potential impact the project may have on the geologic hazard;
C. An assessment of what potential impact the geologic hazard may have on the project;
d. Appropriate mitigation measures,if any;
e. A conclusion as to whether further analysis is necessary; and
f. The signature and stamp of the engineering geologist,or geologist that prepared the assessment.
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§ 17A.06.100 KITTITAS COUNTY CODE § 17A.06.100
3. Geotechnical report contents. When required by this Title,the Geotechnical Report shall include the
general critical areas report requirements of KCC § 17A.01.080 in addition to the following:
a. A detailed description of the geology and soil conditions of the site;
b. Evaluation of the geologic conditions giving rise to the geologic hazard;
C. An evaluation of the safety of the proposed project;
d. Conclusion and recommendations regarding the effect of geologic conditions on the proposed
development;
e. Conclusions and recommendations on the suitability of the site to be developed;
f. 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;
g. Recommendations concerning drainage practices,vegetation retention and other mitigation and
monitoring measures which may be needed to ensure slope stability;
h. Recommended erosion and sediment control measures;
i. A bibliography of scientific citations;
j. 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 development and the hazard to ensure the safety of the development;and The signature
and stamp of the engineer or engineering geologist who prepared the Geotechnical Report.
4. Channel migration zones studies contents. When required by this Chapter, Channel Migration Zone
Studies shall include the general critical areas report requirements of KCC § 17A.01.080, and shall
demonstrate the following:
a. The parcel on which the development is proposed is effectively protected (disconnected) from
channel movement due to the existence of permanent levees that are actively 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
b. The proposed 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),presence of adjacent toe slope landslide hazard areas, surficial
geology,low soil erosion potential,lack of evidence of likely avulsion pathways(including areas
upstream of, but proximate to, the site), and/or 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 alteration 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 location 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.
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§ 17A.06.100 CRITICAL AREAS § 17A.06.100
(Ord. 2021-016,2021)
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§ 17A.07.010 CRITICAL AREAS § 17A.07.020
CHAPTER 17A.07
WETLANDS
§ 17A.07.010. Purpose and intent.
The purpose of this Chapter is to maintain the biological and physical functions and values of wetlands with
respect to groundwater recharge and discharge,water quality,stormwater and floodwater retention, storage
and conveyance, fish and wildlife habitat conservation areas,recreation, and education.
(Ord. 2021-016,2021)
§ 17A.07.020. Designation, mapping,delineation, and categorization.
1. Designation. Wetlands are those areas that are inundated or saturated by surface 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, 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, most current National Wetland Inventory (NWI), and other best available science sources.
The County shall update the maps periodically as new wetland areas are identified and as new wetland
information becomes available.- 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 wetland areas that appear on the
maps may not meet all of the wetland designation criteria. The Gattflt-y shall update the maps
heally as new wedand areas are iden�ified and as new wetland infemi4ion beeames available.
These maps will not be considered a regulatory standard or substitute for site-specific assessments.
The presence of critical areas on a parcel triggers the requirements of this chapter, regardless of
whether or not a critical area or buffer is depicted on an official map,
3. Delineation. The County shallmay require the applicant to identify the location or presence of any
wetlands within two hundred fifty(250)feet of a proposed development. Wetlands shall be identified
and delineated by a qualified wetland professional in accordance with the U.S. Army Corps of
Engineers' (Corps) manual (U.S. Army Corps of Engineers, 1987) and the applicable Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (U.S. Army
Corps of Engineers,2008)current or as amendedthe approved fedefal wetland delineation manual aad
.,,.,.':,.able regional supplements. This professional shall field stake, flag or otherwise mark the
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. Wetlands that occur
outside of 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 determined and disclosed
in order to assess wetland buffer impacts.
4. Categorization.Wetlands shall be categorized by a qualified wetland professional in accordance with
the current version of the Washington State Wetland Rating System for Eastern Washington and the
appropriate rating forms approved by the Washington State Department of Ecology. These categories
are generally defined as follows
a. Category I wetlands are those that represent a unique or rare wetland type, are more sensitive to
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§ 17A.07.010 CRITICAL AREAS § 17A.07.020
disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that
are impossible to replace within a human lifetime or provide a high level of functions. Category
I wetlands include:
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§ 17A.07.020 CRITICAL AREAS § 17A.07.030
i. Alkali wetlands;
ii. Wetlands with high conservation value that are identified by scientists of the Washington
Department of Natural Resources Natural Heritage Program;
iii. Bogs and calcareous fens;
iv. Mature and old-growth forested wetlands over 1/4 acre with slow-growing trees;
V. Forests with stands of aspen; and
vi. Wetlands scoring between twenty-two and twenty-seven (22-27) points in the Eastern
Washington Rating System.
b. 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:
i. Forested wetlands in the floodplains of rivers;
ii. Mature and old-growth forested wetlands over 1/4 acre with fast-growing trees;
iii. Vernal pools; and
iv. Wetlands scoring between nineteen and twenty-one (19-21) points in the Eastern
Washington Rating System.
C. Category III wetlands have a moderate level of functions and score between sixteen and eighteen
(16-18)points in the Eastern Washington Rating System.These wetlands can be often adequately
replaced with a well-planned mitigation project. Category III wetlands generally have been
disturbed in some ways,and are often less diverse or more isolated from other natural resources
in the landscape than Category 11 wetlands.
d. Category IV wetlands have the lowest level of functions and are often heavily disturbed. They
score fewer than sixteen (16) points in the Eastern Washington Rating System. These are
wetlands that can usually be replaced, and in some cases improved. However, experience has
shown that replacement cannot be guaranteed in any specific case. These wetlands may provide
some important functions and also need to be protected.
(Ord. 2021-016,2021)
§ 17A.07.030. Buffers.
1. Purpose. Buffers shall be established and maintained to protect the functions and values of regulated
wetlands.
2. Measurement.Wetland buffers shall be measured horizontally in all directions from the outer edge of
wetland boundary as established in the field.Building setbacks(KCC § 17A.01.090.4)are in addition
to wetland buffers and are measured outward from the edge of the wetland buffer boundary.
3. Buffer condition. Wetland buffers shall be maintained in a predominantly well-vegetated and
undisturbed condition to ensure that they perform their intended function of protecting the wetland.
Tree removal is prohibited in wetlands and wetland buffers other than in accordance with KCC
§ 17A.01.050.3.h.
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§ 17A.07.030 KITTITAS COUNTY CODE § 17A.07.030
4. Standard buffer widths. The width of the standard buffer does not include the building setback(KCC
§ 17A.01.090.4) and shall be based on the wetland category and the intensity of the proposed land
use adjacent to the buffer as indicated in Table KCC 17A.07.030.
Table 17A.07.030: Standard Buffer Widths
Land Use with Low Land Use with Land Use with High
Category of Wetland Impact' Moderate Impact' Impact'
I 125 ft 190 ft 250 ft
11 100 ft 150 ft 200 ft
111 75ft 110ft 150ft
IV 25 ft 40 ft 50 ft
' Low impact 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.
'Moderate impact 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.
'High impact 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).
5. Wetland buffer condition. Buffer widths in Table KCC 17A.07.030 assume the buffer is vegetated
with a native plant community ppropriate for the ecoregion or with one that performs similar
functions.Wetland buffer areas shall be retained in a natural condition or-may be improved to eaha-mee
buff- funetions and v ues unless the existing buffer is unvegetated,sparsely vegetated,or vegetated
with invasive species that do not perform needed functions. In such cases, at the discretion of the
Director,the buffer should either be planted to create the appropriate plant community,or
the buffer should be widened to ensure that adequate functions of the buffer are provided. Where
buffer disturbance is allowed pursuant to this Title, re-vegetation with native vegetation shall be
required. The Kittitas County noxious weed ordinance shall be adhered to. Alterations of the buffer
that are inconsistent with this Title shall be prohibited.
6. 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.
7. Interrupted buffer. When a wetland buffer contains an existing legally established public or private
road and/or a legally established development which creates a significant interruption of buffer
function,the Administrator may allow development on the landward side of the road or development
provided that the actions 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
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§ 17A.07.030 KITTITAS COUNTY CODE § 17A.07.030
8. 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.
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§ 17A.07.030 CRITICAL AREAS § 17A.07.030
9. Increased buffers. The Director shall increase the wetland buffers widths where the standard buffer is
inadequate to prevent significant adverse environmental impacts or address hazards associated with
the site or the proposed development. The Director may increase the buffer up to a maximum of two
times the standard width. When determining how much to increase the standard buffer, the Director
shall consider the following conditions:
a. The adjacent land has minimal vegetative cover, or
a-.b_Whether the wetland provides habitat for state priority species, including species of local
importance, 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
1}c_Whether the land adjacent to the wetland has slopes greater than 30 percent, is susceptible to
severe erosion, and erosion control best management practices will not effectively prevent
adverse wetland impacts.
10. (Reserved)
11. Buffer averaging.The Director may allow averaging of the standard buffer widths in accordance with
an approved critical areas report on a case-by-case basis. With buffer averaging, the buffer width is
reduced in one location and increased in another location to maintain the same overall buffer area. In
such cases, the minimum width of the buffer at any given point shall be at least seventy-five percent
(75%) of the standard width, or twenty-five (25) feet, whichever is greater. Proposals for buffer
averaging shall meet all the following:
a. The wetland buffer has not been averaged or reduced by any prior actions;
b. No feasible site design could be accomplished without buffer averaging;
C. The wetland contains variations in sensitivity due to existing physical characteristics or the
character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from
a wider buffer in places and would not be adversely impacted by a narrower buffer in other
places;
d. The averaging will not have a significant adverse impact on wetland functions and values; and
e. The area that is added to the buffer to offset the reduction will be well-vegetated. The Director
may require vegetation enhancement if needed to ensure this criterion is met.
12. Mitigation for buffer averaging.Prior to approving a request for wetland buffer averaging,the Director
shall ensure the development is designed to separate and screen the wetland from impacts such as
noise, glare,vegetation trampling, intrusion, etc to the degree feasible. 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 a 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 as may be required
by the Director(e.g.,orient buildings to screen parking lots and store entrances from critical areas).
13. Allowed buffer uses. The Director may allow the following alterations and development within a
wetland buffer provided that they are conducted in a manner so as to minimize impacts to the buffer
and adjacent wetland, including wetland functions and values:
a. Conservation or restoration activities aimed at protecting or enhancing the soil, water,
vegetation, or wildlife.
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§ 17A.07.030 KITTITAS COUNTY CODE § 17A.07.060
b. The following passive recreation facilities designed in accordance with an approved critical areas
report:
i. 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; and
ii. Wildlife viewing structures less than five hundred (500) square feet in size, including
hunting blinds.
C. Stormwater management facilities, limited to stormwater conveyance and dispersion facilities,
outfalls and bioswales,may be allowed within the outer twenty-five percent(25%)of the buffer
of wetlands in accordance with an approved critical areas report provided that:
i. No other location is feasible;
ii. The facility is designed to meet or exceed the standards set forth in the current version of
the Stormwater Manual for Eastern Washington; and
iii. The location of such facility will not degrade the functions or values of the wetland.
d. Educational and scientific research activities.
e. Drilling for utilities/utility corridors under a buffer,with entrance/exit portals located completely
outside of the wetland buffer boundary,provided that the drilling does not alter the ground water
connection to the wetland or percolation of surface water down through the soil column. Specific
studies by a hydrologist are necessary to determine whether the ground water connection to the
wetland or percolation of surface water down through the soil column would be disturbed.
£ Enhancement of a wetland buffer through the removal of non-native, invasive plant species.
Removal of invasive plant species shall be restricted to hand removal.All removed plant material
shall be taken away from the site and appropriately disposed of. Plants that appear on the
Washington State Noxious Weed Control Board list of noxious weeds should be handled and
disposed of according to a noxious weed control plan appropriate to that species. Reve eta
with appropriate native species at natural densities is allowed in conjunction with removal of
invasive plant species.
(Ord. 2021-016, 2021)
§ 17A.07.040. General protection standards.
1. Alterations.New development shall be located outside of wetlands and their buffers,unless this Title
specifically allows the development to occur in the wetland or buffer.A wetland or buffer may not be
altered if the proposed alteration will result in a net loss of wetland functions and values.
Developments shall be designed to avoid and minimize wetland and buffer impacts to the maximum
extent practicable and to offset unavoidable impacts through compensatory mitigation as required in
KCC § 17A.07.070.
(Ord. 2021-016,2021)
§ 17A.07.050. Alterations and development permitted without a critical areas report.
The following alterations and development are permitted in wetlands and/or buffers and do not require
submission of a critical areas report, provided they are have met requirements listed in KCC
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Kittitas County,WA
§ 17A.07.030 KITTITAS COUNTY CODE § 17A.07.060
§ 17A.0 1.120.4 and are designed to avoid and minimize wetland and buffer impacts to the maximum extent
practicable,but are subject to review by the Director:
1. Conservation and preservation activities. Conservation or preservation of soil,water,vegetation, fish,
and other wildlife that does not entail permanently changing or altering the structure or functions of
the existing wetland.
2. Wetland enhancement.Enhancement of a wetland through the removal of non-native invasive species,
provided that the weed removal does not require soil excavation or grading and provided that weed
material is removed from the site and disposed of at an approved location.Bare areas that remain after
weed removal shall be re-vegetated with native shrubs,trees and herbs/forbs native to Kittitas County.
(Ord. 2021-016,2021)
§ 17A.07.060. Reporting.
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Kittitas County,WA
§ 17A.07.060 CRITICAL AREAS § 17A.07.060
1. When required. If a proposed development is located within or adjacent to a known or suspected
wetland, the Director shall require the applicant to submit a wetland critical areas report prepared by
a qualified professional that includes the information listed in this Section.
a. The requirement to provide a wetland critical areas report may be waived for a single-family
residence where no encroachment into a regulated wetland or its standard buffer will occur.Prior
to issuance of a building permit, site development permit, or on-site sewage system permit, the
applicant shall submit a single-family wetland certification form completed by a wetland
specialist that certifies either:
i. No regulated wetlands are present within 250 feet of the project area; or
ii. Wetlands are present within 250 feet of the project area, but all regulated alterations and
development associated with the dwelling (i.e., landscaped areas, septic facilities,
outbuildings, etc.)will occur outside of the standard buffer of the identified wetland.
1. If regulated wetland buffers extend onto the site and are within 250 feet of the project
area, the wetland specialist shall place permanent, clearly visible, wetland buffer
signs at the edge of the buffer.A wetland buffer sign affidavit, signed by the wetland
specialist,shall be submitted to the Department as verification that the wetland buffer
signs have been placed on the site.
2. The single-family certification form may be used only to authorize single-family
dwellings and associated homesite features such as garages, driveways, gardens,
fences, wells, lawns, and on-site septic systems. It may not be used for new
agricultural activities, expansion of existing agricultural activities, forest practice
activities, commercial projects, land divisions, buffer width modifications, or
violations. The single-family form may not be used to make a claim for exemption.
1. The single-family certification process will be monitored by the Department
for accuracy, and enforcement actions will be initiated should encroachment
into a regulated wetland or buffer occur.
2. The applicant/property owner assumes responsibility for any and all errors of
the single-family certification form and all associated mitigation imposed by
the Department.
3, Single-family certification forms shall be filed with the Kittitas County
Auditor's Office in accordance with the department standards.
2. Contents. When required by this Title, wetland critical areas reports shall include the general critical
areas report requirements of KCC § 17A.01.080 in addition to the following:
a. Map showing the location of all wetlands and required buffers within two hundred fifty (250)
feet of the proposed development; and
b. An analysis of the onsite wetland(s) including the following site-and proposal-related
information:
i. Historical and Existing On site and Surrounding Land use/Conditions
ii. Wetland acreage;
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Kittitas County,WA
§ 17A.07.060 KITTITAS COUNTY CODE § 17A.07.070
iii. Wetland category;
iv. Soils and Soil Attributes
V. Hydrogeomorphic position(HGM);
vi. Cowardin Classification and Upland/Wetland Vegetation Characterization
vii. Hydroperiods;
viii. A description of the Federal methodologies used to conduct the wetland delineations;
ix. Priority Habitats and Species;
X. Wetland delineation data sheets for the appropriate region;
xi. Wetland rating and forms;
xii. Wetland Functional Analysis;
xiii. Federal, State, and County Regulatory Discussion with buffer recommendations;
xiv. A detailed discussion of the project,direct and/or indirect potential impacts on the wetland
by the project; and if impacts are expected;
xv. A discussion of measures,including the general mitigation sequence requirements of KCC
§ 17A.01.100 proposed to preserve and protect existing wetlands;
xvi. A wetland mitigation plan meeting the requirements of KCC § 17A.07.410, if the
alteration or development will result in unavoidable impacts to wetlands or their buffers.
(Ord. 2021-016,2021)
§ 17A.07.070. Mitigation requirements.
1. Generally. Compensatory mitigation is required for all unavoidable alterations to wetland or their
buffers, except for buffer averaging when done in accordance with KCC § 17A.07.030.7.
Compensatory mitigation actions shall replace functions affected by the alteration and shall provide
equal or greater functions compared to the impacted wetland.
2. Buffer for wetland mitigation sites. Any wetland 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 wetland.
3. Mitigation timing. Mitigation projects shall be completed prior to or concurrently with permitted
alterations and development that will disturb wetlands.In all other cases,mitigation shall be completed
immediately following disturbance and prior to use or occupancy of the alteration or development.
Construction of mitigation projects shall be timed to reduce impacts to existing fisheries,wildlife,and
flora.
4. Delay in mitigation.The Director 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
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Kittitas County,WA
§ 17A.07.070 CRITICAL AREAS § 17A.07.070
which preclude implementation of the mitigation plan. The justification must be verified and
approved by the County and include a financial guarantee.
5. Preference of mitigation actions. Compensatory wetland mitigation shall occur in the following order
of preference:
a. Purchasing credits from an approved Mitigation Bank if available and feasible, Purchasing
credits from an approved In-Lieu Fee program if available and feasible, and Permittee
Responsible Mitigation(PRM).
b. In order of preference, the following PRM methods are available: (1) Restoration [re-
establishment or rehabilitation], (2) Establishment [creation], (3) Preservation of existing high
quality habitats,and(4)Enhancement of degraded wetlands.
6. Replacement ratios for wetland impacts. Ratios for compensatory mitigation shall be as specified in
Table KCC 17.07.070.6. The first number specifies the acreage of replacement wetlands, and the
second specifies the acreage of wetlands altered. Compensatory mitigation shall restore, rehabilitate,
create, 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.The Director may increase these ratios for remedial mitigation actions resulting
from unauthorized wetland alterations, depending on the nature and extent of the alteration. These
ratios do not apply to the use of credits from a certified wetland mitigation bank or in-lieu fee program.
When credits from a certified bank or in-lieu fee program are used, replacement ratios should be
consistent with the requirements of the bank's/program's certification.
Table 17A.07.070.6:Wetland Mitigation Ratios
Category and Type of Restoration or Preservation' or
Impacted Wetland Creation"' Rehabilitation" Enhancement"'
Category I, forested 6:1 12:1 24:1
Category I,non- 4:1 8:1 16:1
forested
Category II, forested 4:1 8:1 16:1
Category II,vernal 2:1 4:1 Case-by-case
pool'
All other Category H 3:1 6:1 12:1
All Category III 2:1 4:1 8:1
All 1.5:1 3:1 6:1
Category IV
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§ 17A.07.070 KITTITAS COUNTY CODE § 17A.07.070
'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 sub-basin scale. Rehabilitation
actions often focus on restoring environmental processes that have been disturbed or altered by
previous and/or 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).
7. Increased replacement ratios. The Director may increase the wetland mitigation ratios stated in Table
KCC 17A.07.070.6 under the following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or creation;
b. A significant period of time will elapse between impact and replication of wetland functions;
C. Proposed mitigation will result in a lower category wetland or reduced functions relative to the
wetland being impacts; or
d. The impact was an unauthorized impact.
8. Alternative mitigation ratios.The Director 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.
9. Mitigation ratios for wetland buffer impacts. To mitigate impacts to functions and values of wetland
buffers,a minimum buffer ratio of 1:1 (alteration area:mitigation area)is required.This ratio assumes
that creation/restoration of a wetland buffer with appropriate native vegetation is sufficient to
compensate for the wetland buffer functions and values affected by alteration of an existing wetland
buffer. If enhancement of an existing wetland buffer is proposed as mitigation, a higher mitigation
ratio may be required.For any proposed wetland buffer alterations or development,the applicant must
show that the functions and values of the altered wetland buffer will be fully replaced by the proposed
mitigation.The Director may increase the buffer mitigation ratios under the following circumstances:
a. The replacement ratio needed to recover the lost functions and values of buffer area is greater
than 1:1 based upon the existing type of vegetative cover of either the impact site or the proposed
mitigation site.
b. Uncertainty exists as to the probable success of the proposed restoration or creation;
C. A significant period of time will elapse between impact and replication of wetland functions;
d. The impact was an unauthorized impact.
10. Mitigation plans. Compensatory wetland mitigation plan shall be consistent with "Guidance on
Wetland Mitigation in Washington State Part 2: Developing Mitigation Plans" (Ecology Publication
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§ 17A.07.070 CRITICAL AREAS § 17A.07.070
#06-06-01 lb), or as revised. Mitigation plans shall include the general mitigation plan requirements
in KCC § 17A.01.100, as well as the following information:
a. Existing and proposed wetland acreage;
b. Vegetative and faunal conditions;
C. Surface and subsurface hydrologic conditions including an analysis of existing and future
hydrologic regime and proposed hydrologic regime for enhanced,created,or restored mitigation
areas;
d. Relationship within watershed and to existing waterbodies;
e. Soils and substrate conditions,topographic elevations;
f. Existing and proposed adjacent site conditions;
g. Required wetland buffers(including any buffer reduction or averaging and mitigation proposed
to enhance buffers);
h. Property ownership;
i. A discussion of ongoing management practices that will protect wetlands after the project site
has been developed, including proposed monitoring and maintenance programs and an addition
to the property's title identifying the wetland as a mitigation area;
A bond estimate for the installation (including site preparation, plant materials and installation,
fertilizers, mulch) and the proposed monitoring and maintenance work for the required number of
years,pursuant to KCC § 17A.01.100.
(Ord. 2021-016, 2021)
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