Laserfiche WebLink
<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit C | March 2016 | Page 221 of 339 <br /> <br />18.07.040 Appeals to the Shorelines Hearings Board. <br />18.06.050 Special Provisions for Shoreline Master Program Infractions. <br /> <br />18.07.010 Authority and Purpose <br />The Shoreline Management Act calls for a cooperative program between local government and the <br />state. It provides for a variety of means of enforcement, including civil and criminal penalties, orders <br />to cease and desist, orders to take corrective action, and permit recession. The provisions of WAC <br />173-27 adopted under RCW 90.58.200 and 90.58.210 implement the enforcement responsibilities of <br />the Department of Ecology and local government under the Shoreline Management Act. This <br />Chapter implements specific provisions of WAC 173-27 that should be used in enforcement of the <br />Shoreline Master Program and should be used in addition to other provisions of KCC Title 18 to <br />enforce Title 17B Shorelines. <br /> <br />18.07.020 Definitions. <br />The definitions in WAC 173-27-030 shall apply in KCC 18.07, except that the following definitions <br />shall apply when used in this part of the regulations: <br />1. “Permit” means any form of permission required under the Shoreline Management Act prior <br />to undertaking activity on shorelines of the state, including substantial development permits, <br />variances, conditional use permits, permits for oil or natural gas exploration activities, <br />permission which may be required for selective commercial timber harvesting, and shoreline <br />exemptions; and <br />2. “Exemption” means authorization from local government which establishes that an activity is <br />exempt from substantial development permit requirements under WAC 173-27-040, but <br />subject to regulations of the act and the local master program. <br />18.07.030 Collaborative Enforcement with the Department of Ecology <br />1. A person who fails to conform to the terms of a shoreline permit issued under RCW <br />90.58.140, who undertakes a development or use on shorelines of the state without first <br />obtaining a permit, or who fails to comply with an infraction corrective order issued for <br />violation of the Shoreline Master Program under this Title may be subject to a civil penalty <br />pursuant to KCC 18.05. <br />2. The Department of Ecology may impose a penalty jointly with the County, or alone only upon <br />an additional finding that a person: <br />a. Has previously been subject to an enforcement action for the same or similar type of <br />violation of the same statute or rule; or <br />b. Has been given previous notice of the same or similar type of violation of the same <br />statute or rule; or <br />c. The violation has a probability of placing a person in danger of death or bodily harm; <br />or <br />d. Has a probability of causing more than minor environmental harm; or <br />e. Has a probability of causing physical damage to the property of another in an amount <br />exceeding one thousand dollars. <br />3. In the alternative, a penalty may be issued to a person by the Department of Ecology alone, <br />or jointly with the County for violations which do not meet the criteria of subsection 1.a <br />through e of this chapter, after the following information has been provided in writing to a <br />person through a technical assistance visit or a notice of correction: <br />a. A description of the condition that is not in compliance and a specific citation to the <br />applicable law or rule; <br />b. A statement of what is required to achieve compliance; <br />c. The date by which compliance is required to be achieved; <br />d. Notice of the means to contact any technical assistance services provided by the <br />agency or others; and