SMP Ordinance Exhibits - Laserfiche WebLink

Home Browse Search

Kittitas County Shoreline Master Program Chapter 7 148 March 7, 2016 environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of p.iv.A of this subsection and being reviewed and approved according to the provisions of this Section are not subject to the requirements of RCW 43.21C.030 (2)(c). (c) A hydraulic project approval (HPA) permit is required for projects that meet the criteria of p.iv.A of this subsection and are being reviewed and approved under this Section. An applicant shall use a joint aquatic resource permit (JARPA) application form developed by the Office of Regulatory Assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the Washington State Department of Fish and Wildlife and to each appropriate local government agency. Local governments shall accept the application as notice of the proposed project. The Washington State Department of Fish and Wildlife shall provide a fifteen- (15)-day comment period during which it will receive comments regarding environmental impacts. Within forty-five (45) days, the Washington State Department of Ecology Fish and Wildlife shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this Section is not appropriate for the proposed project. Ecology WDFW shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If Ecology WDFW determines that the review and approval process created by this Section is not appropriate for the proposed project, Ecology WDFW shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes. Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this Section may formally appeal the decision to the Hydraulic Appeals Board pursuant to the provisions of this chapter. (d) The County may not require permits or charge fees for fish habitat enhancement projects that meet the criteria of p.iv.A of this subsection and that are reviewed and approved according to the provisions of this Section. 3. Developments not required to obtain shoreline permits or local reviews. a. Requirements to obtain a Substantial Development Permit, Conditional Use Permit, Variance, letter of exemption; or other review to implement the Shoreline Management Act do not apply to the following: i. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D. ii. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national