Amendment approval for KC Code and KC Comp. Plan

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The Shoreline Management Act calls for a cooperative program between local government and the state . It provides for a variety of means of enforcement, including civil and criminal penalties , orders to cease and desist, orders to take corrective action, and permit recession. The provisions of WAC 173-27 adopted under RCW 90.58.200 and 90.58.210 implement the enforcement responsibilities of the Department of Ecology and local government under the Shoreline Management Act. This Chapter implements specific provisions of WAC 173-27 that should be used in enforcement of the Shoreline Master Program and should be used in addition to other provisions of KCC Title 18 to enforce Title 17B Shorelines. 18.07.020 Definitions. The definitions in WAC 173-27-030 shall apply in KCC 18 .07, except that the following definitions shall apply when used in this part of the regulations : 1. "Permit" means any form of permission required under the Shoreline Management Act prior to undertaking activity on shorelines of the state, including substantial development permits , variances, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting , and shoreline exemptions; and 2. "Exemption" means authorization from local government which establishes that an activity is exempt from substantial development permit requirements under WAC 173-27-040, but subject to regulations of the act and the local master program . 18.07.030 Collaborative Enforcement with the Department of Ecology 1. A person who fails to conform to the terms of a shoreline permit issued under RCW 90.58 .140, who undertakes a development or use on shorelines of the state without first obtaining a permit, or who fails to comply with an infraction corrective order issued for violation of the Shoreline Master Program under this Title may be subject to a civil penalty pursuant to KCC 18.05. 2. The Department of Ecology may impose a penalty jointly with the County , or alone only upon an additional finding that a person: a. Has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule; or b. Has been given previous notice of the same or similar type of violation of the same statute or rule; or c. The violation has a probability of placing a person in danger of death or bodily harm; or d. Has a probability of causing more than minor environmental harm; or e. Has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars. 3. In the alternative, a penalty may be issued to a person by the Department of Ecology alone, or jointly with the County for violations which do not meet the criteria of subsection 1.a through e of this chapter, after the following information has been provided in writing to a person through a technical assistance visit or a notice of correction: a. A description of the condition that is not in compliance and a specific citation to the app licable law or rule : b. A statement of what is required to achieve compliance; c. The date by which compl iance is required to be achieved: d. Notice of the means to contact any technical assistance services provided by the agency or others; and e. Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the Department of Ecology. Furthermore, no penalty shall be issued by the Department of Ecology until the individual or business has been given a reasonable time to correct the violation and has not done so . Kittitas County Board of County Commissioners Kittitas County Code Title 18 Amendments Shoreline Master Program Enforcement Exhibit A 1 May 20161 Page 12 of 13