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<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 310 of 339 <br /> <br />17B.07.030 Permit Exemptions. <br />1. General provisions. <br />a. Only those uses and developments that meet the precise terms of one (1) or more of the <br />listed exemptions may be granted exemption from the substantial development permit <br />process. <br />b. An exemption from the substantial development permit process is not an exemption from <br />compliance with the Act or Master Program or from any other regulatory requirements. <br />c. The burden of proof that a development or use is exempt from the permit process is on <br />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 />2. Developments exempt from shoreline substantial development permitting process. <br />Subject to the general provisions above, exempt activities include those set forth in WAC <br />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 higher, <br />does not exceed six thousand four hundred sixteen dollars ($6,416), if such use or <br />development does not materially interfere with the normal public use of the water or <br />shorelines of the state. The dollar threshold established in this subsection will be <br />adjusted for inflation by the office of financial management every five (5) years, <br />according to WAC 173-27-040(2)(a). For purposes of determining whether or not a <br />permit is required, the total cost or fair market value shall be based on the value of <br />development that is occurring on shorelines of the state as defined in RCW 90.58.030 <br />(2)(c). The total cost or fair market value of the development shall include the fair market <br />value of any donated, contributed or found labor, equipment or materials. <br />b. Normal maintenance or repair of existing structures or developments, including damage <br />by accident, fire or elements. "Normal maintenance" includes those usual acts to <br />prevent a decline, lapse, or cessation from a lawfully established condition. "Normal <br />repair" means to restore a development to a state comparable to its original condition <br />including, but not limited to, its size, shape, configuration, location and external <br />appearance, within a reasonable period after decay or partial destruction, except where <br />repair causes substantial adverse effects to shoreline resource or environment. <br />Replacement of a structure or development may be authorized as repair where such <br />replacement is the common method of repair for the type of structure or development <br />and the replacement structure or development is comparable to the original structure or <br />development including, but not limited to, its size, shape, configuration, location and <br />external appearance and the replacement does not cause substantial adverse effects to <br />shoreline resources or environment. <br />c. Construction of the normal protective bulkhead common to single-family residences. A <br />"normal protective" bulkhead includes those structural and nonstructural developments <br />installed at or near, and parallel to, the OHWM for the sole purpose of protecting an <br />existing single-family residence and appurtenant structures from loss or damage by <br />erosion. A normal protective bulkhead is not exempt if constructed for the purpose of <br />creating dry land. When a vertical or near vertical wall is being constructed or <br />reconstructed, not more than one (1) cubic yard of fill per one (1) foot of wall may be <br />used as backfill. When an existing bulkhead is being repaired by construction of a <br />vertical wall fronting the existing wall, it shall be constructed no further waterward of the <br />existing bulkhead than is necessary for construction of new footings. When a bulkhead <br />has deteriorated such that an OHWM has been established by the presence and action <br />of water landward of the bulkhead, then the replacement bulkhead must be located at or