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<br /> <br />Kittitas County Shoreline Master Program <br />Chapter 7 142 <br />March 7, 2016 <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 seven thousand forty seven dollars ($7,047) six thousand <br />four hundred sixteen dollars ($6,416), if such use or development does not <br />materially interfere with the normal public use of the water or shorelines of the state . <br />The dollar threshold established in this subsection will be adjusted for inflation by the <br />office of financial management every five (5) years, according to WAC 173-27- <br />040(2)(a). For purposes of determining whether or not a permit is required, the total <br />cost or fair market value shall be based on the value of development that is <br />occurring on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total <br />cost or fair market value of the development shall include the fair market value of <br />any donated, contributed or found labor, equipment or 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 <br />or damage by erosion. A normal protective bulkhead is not exempt if constructed for <br />the purpose of creating dry land. When a vertical or near vertical wall is being <br />constructed or reconstructed, not more than one (1) cubic yard of fill per one (1) foot