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Kittitas County Shoreline Master Program <br />Chapter 7 140 <br />March 7, 2016 <br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit A | March 2016 | Page 140 of 339 <br />a. Only those uses and developments that meet the precise terms of one (1) or more of <br />the listed exemptions may be granted exemption from the substantial development <br />permit process. <br />b. An exemption from the substantial development permit process is not an exemption <br />from compliance with the Act or Master Program or from any other regulatory <br />requirements. <br />c. The burden of proof that a development or use is exempt from the permit process is <br />on the applicant. <br />d. If any part of a proposed use or development is not eligible for exemption, then a <br />substantial development permit is required for the entire proposal. <br />e. Conditions may be attached to the approval of exempted uses or developments as <br />necessary to assure consistency of the project with the Act and the Master Program. <br /> <br />2. Developments exempt from shoreline substantial development permitting process. <br /> <br />Subject to the general provisions above, exempt activities include those set forth in <br />WAC 173-27-040(2) and RCW 90.58.030, as amended: <br />a. Any use or development of which the total cost or fair market value, whichever is <br />higher, does not exceed six thousand four hundred sixteen dollars ($6,416), if such <br />use or development does not materially interfere with the normal public use of the <br />water or shorelines of the state. The dollar threshold established in this subsection <br />will be adjusted for inflation by the office of financial management every five (5) <br />years, according to WAC 173-27-040(2)(a). For purposes of determining whether or <br />not a permit is required, the total cost or fair market value shall be based on the <br />value of development that is occurring on shorelines of the state as defined in RCW <br />90.58.030 (2)(c). The total cost or fair market value of the development shall include <br />the fair market value of any donated, contributed or found labor, equipment or <br />materials. <br />b. Normal maintenance or repair of existing structures or developments, including <br />damage by accident, fire or elements. "Normal maintenance" includes those usual <br />acts to prevent a decline, lapse, or cessation from a lawfully established condition. <br />"Normal repair" means to restore a development to a state comparable to its original <br />condition including, but not limited to, its size, shape, configuration, location and <br />external appearance, within a reasonable period after decay or partial destruction, <br />except where repair causes substantial adverse effects to shoreline resource or <br />environment. Replacement of a structure or development may be authorized as <br />repair where such replacement is the common method of repair for the type of <br />structure or development and the replacement structure or development is <br />comparable to the original structure or development including, but not limited to, its <br />size, shape, configuration, location and external appearance and the replacement <br />does not cause substantial adverse effects to shoreline resources or environment. <br />c. Construction of the normal protective bulkhead common to single-family residences. <br />A "normal protective" bulkhead includes those structural and nonstructural <br />developments installed at or near, and parallel to, the OHWM for the sole purpose of <br />protecting an existing single-family residence and appurtenant structures from loss