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1 7A.01 .030 Applicabilitv <br />1. Except as provided in subsection 3 and 4 below. the provisions of this Title shall apply to anv <br />alteration or development within the unincorporated portion of Kittitas County. and outside of <br />Shoreline iurisdiction. as determined bv the Shoreline Master Proqram (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.2. Compliance with these requlations does not remove an applicant's obligation to complv with <br />applicable provisions of anv other Federal. State. or local law or requlation.3. Private lands where existinq agricultural activities are conducted. as defined in RCW <br />90.58.065. within the Upper Yakima and Alkali-Squilchuck WRIAs are manaqed bv the <br />Kittitas Countv Voluntarv Stewardship Proqram (VSP). and not requlated bv this Title. <br />4. Anv activities, alterations or development located within anv Shoreline of the State within the <br />unincorporated portion of Kittitas Countv are subiect to the provisions of the Shoreline <br />Master Proqram (KCC Title 178) and not ihis Title. <br />17A.01.040 Requlated Development and Alterations <br />The following develooment and alterations are regulated within critical areas and their riparian <br />manaoement zones and/or buffers. unless exempt by KCC 17A.01.050: <br />1. Removinq. excavating, disturbinq. or dredginq soil. sand, qravel. minerals. orqanic matter. or <br />materials of anv kind: <br />2. Dumoino. di rqinq. or fillino:3. Draininq. floodinq. or disturbinq the water level or water table:4. Drivinq pilinq or placing obstructions, includinq placement of utilities:5. Constructinq. reconstructinq. demolishing. or alterinq the size of anv structure or <br />infrastructure: <br />6. Alterinq the character and/or functions and values of a requlated area by destroyinq or <br />alterino veoetation throuqh clearino. harvestinq, cuttinq. intentional burnino. shadino. or <br />plantinq: <br />7. The division of land pursuant to KCC Title 16: and <br />8. The creation of impervious surfaces reoulated under KCG 12.06. <br />17A.01.050 Exemptions <br />1 Exemntion Reouest and Revie-w Process. The orooonent of the alteration or develooment <br />mav submit a written request for Determination of exemption eliqibilitv 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 eligibilitv is to provide, at the <br />applicant's request. a written record documentino that a proposed alteration or development <br />is. in fact. an exempt activitv under the provisions of this Chapter. <br />The director shall review the exemption request to verify that it comolies with this chapter <br />and approve. approve with conditions. or deny the exemption. lf the exemption is approved. <br />it shall be placed on file with KCCDS. lf the exemption is denied. the proponent may continue <br />in the review process and shall be subiect to the requirements of this chapter.2. Exempt Alterations and Development and lmpacts to CriticalAreas. Allexempted <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 qive permission to deqrade a <br />critical area or its buffer or ignore risk from natural hazards. Any incidental damaqe to. or <br />alteration of, a critical area or its buffer that is not a necessarv outcome of the exempted <br />alteration or development shall be restored. rehabilitated. or replaced at the responsible <br />party's expense.3. Exempt Alterations and Development. The following alterations and developments and <br />uses shall be exempt from the provisions of this Title: <br />a. Emerqencies. Those alterations or developments necessarv to prevent an <br />immediate threat to public <br />5