BOCC Ordinance - Amend and Adopt CAO

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61 17A.07.040 General Protection Standards 1. Alterations. New development shall be located outside of wetlands and their buffers, unless this Title specifically allows the development to occur in the wetland or buffer. A wetland or buffer may not be altered if the proposed alteration will result in a net loss of wetland functions and values. Developments shall be designed to avoid and minimize wetland and buffer impacts to the maximum extent practicable and to offset unavoidable impacts through compensatory mitigation as required in KCC 17A.07.070 17A.07.050 Alterations and Development Permitted without a Critical Areas Report The following alterations and development are permitted in wetlands and/or buffers and do not require submission of a critical areas report, provided they are have met requirements listed in KCC 17A.01.120.4 and are designed to avoid and minimize wetland and buffer impacts to the maximum extent practicable, but are subject to review by the Director: 1. Conservation and Preservation Activities. Conservation or preservation of soil, water, vegetation, fish, and other wildlife that does not entail permanently changing or altering the structure or functions of the existing wetland. 2. Wetland Enhancement. Enhancement of a wetland through the removal of non-native invasive species, provided that the weed removal does not require soil excavation or grading and provided that weed material is removed from the site and disposed of at an approved location. Bare areas that remain after weed removal shall be re-vegetated with native shrubs, trees and herbs/forbs native to Kittitas County. 17A.07.060 Reporting 1. When Required. If a proposed development is located within or adjacent to a known or suspected wetland, the Director shall require the applicant to submit a wetland critical areas report prepared by a qualified professional that includes the information listed in this Section. a. The requirement to provide a wetland critical areas report may be waived for a single-family residence where no encroachment into a regulated wetland or its standard buffer will occur. Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant shall submit a single-family wetland certification form completed by a wetland specialist that certifies either: i. No regulated wetlands are present within 250 feet of the project area; or ii. Wetlands are present within 250 feet of the project area, but all regulated alterations and development associated with the dwelling (i.e., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland. 1. If regulated wetland buffers extend onto the site and are within 250 feet of the project area, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the Department as verification that the wetland buffer signs have been placed on the site. 2. The single-family certification form may be used only to authorize single-family dwellings and associated homesite features such as garages, driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications, or violations. The single-family form may not be used to make a claim for exemption. a. The single-family certification process will be monitored by the Department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.