|
<br />
<br />5
<br />
<br />17A.01.030 Applicability
<br />1. Except as provided in subsection 3 and 4 below, the provisions of this Title shall apply to any
<br />alteration or development within the unincorporated portion of Kittitas County, and outside of
<br />Shoreline jurisdiction, as determined by the Shoreline Master Program (KCC Title 17B). No
<br />development shall be constructed, located, extended, modified, converted, or altered, or land
<br />subdivided without full compliance with this Title.
<br />2. Compliance with these regulations does not remove an applicant’s obligation to comply with
<br />applicable provisions of any other Federal, State, or local law or regulation.
<br />3. Private lands where existing agricultural activities are conducted, as defined in RCW
<br />90.58.065, within the Upper Yakima and Alkali-Squilchuck WRIAs are managed by the
<br />Kittitas County Voluntary Stewardship Program (VSP), and not regulated by this Title.
<br />4. Any activities, alterations or development located within any Shoreline of the State within the
<br />unincorporated portion of Kittitas County are subject to the provisions of the Shoreline
<br />Master Program (KCC Title 17B) and not this Title.
<br />
<br />17A.01.040 Regulated Development and Alterations
<br />The following development and alterations are regulated within critical areas and their riparian
<br />management zones and/or buffers, unless exempt by KCC 17A.01.050:
<br />1. Removing, excavating, disturbing, or dredging soil, sand, gravel, minerals, organic matter, or
<br />materials of any kind;
<br />2. Dumping, discharging, or filling;
<br />3. Draining, flooding, or disturbing the water level or water table;
<br />4. Driving piling or placing obstructions, including placement of utilities;
<br />5. Constructing, reconstructing, demolishing, or altering the size of any structure or
<br />infrastructure;
<br />6. Altering the character and/or functions and values of a regulated area by destroying or
<br />altering vegetation through clearing, harvesting, cutting, intentional burning, shading, or
<br />planting;
<br />7. The division of land pursuant to KCC Title 16; and
<br />8. The creation of impervious surfaces regulated under KCC 12.06.
<br />
<br />17A.01.050 Exemptions
<br />1. Exemption Request and Review Process. The proponent of the alteration or development
<br />may submit a written request for Determination of exemption eligibility to the director that
<br />describes the alteration or development and states the exemption listed in this section that
<br />applies. The purpose of a Determination of exemption eligibility is to provide, at the
<br />applicant’s request, a written record documenting that a proposed alteration or development
<br />is, in fact, an exempt activity under the provisions of this Chapter.
<br />The director shall review the exemption request to verify that it complies with this chapter
<br />and approve, approve with conditions, or deny the exemption. If the exemption is approved,
<br />it shall be placed on file with KCCDS. If the exemption is denied, the proponent may continue
<br />in the review process and shall be subject to the requirements of this chapter.
<br />2. Exempt Alterations and Development and Impacts to Critical Areas. All exempted
<br />alterations or development shall use reasonable methods to avoid potential impacts to critical
<br />areas and their buffers. To be exempt from this Title does not give permission to degrade a
<br />critical area or its buffer or ignore risk from natural hazards. Any incidental damage to, or
<br />alteration of, a critical area or its buffer that is not a necessary outcome of the exempted
<br />alteration or development shall be restored, rehabilitated, or replaced at the responsible
<br />party’s expense.
<br />3. Exempt Alterations and Development. The following alterations and developments and
<br />uses shall be exempt from the provisions of this Title:
<br />a. Emergencies. Those alterations or developments necessary to prevent an
<br />immediate threat to public
|