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Downloaded from https://ecode360.com/KI6857 on 2025-05-15 <br /> <br /> <br />Kittitas County, WA <br />§ 17A.01.150 CRITICAL AREAS § 17A.01.170 <br /> <br />2. The county may condition the proposed alteration or development as necessary to mitigate impacts to <br />critical areas and to conform to the standards required by this Title. <br />3. Determination. The Director will determine if the proposed alteration or development meets the <br />criteria in KCC § 17A.01.150(1) and complies with the applicable provisions of this Title. The <br />Director shall prepare a written notice of determination and identify any required conditions of <br />approval. <br />a. If a proposed alteration or development is approved under this Title a notice of determination <br />and conditions of approval shall be included in the project file, be considered in the next phase <br />of the County's review of the proposed alteration or development in accordance with any other <br />applicable codes and regulations, and shall be attached to the underlying permit or approval. <br />i. Any subsequent changes to the conditions of approval shall void the previous <br />determination pending re-review of the proposal and conditions of approval by the director. <br />ii. A favorable determination should not be construed as endorsement or approval of any <br />underlying permit or approval. <br />b. If a proposed alteration or development is rejected due to not adequately mitigating its impacts <br />on the critical area(s) and/or does not comply with the criteria in KCC § 17A.01.150(1), and the <br />provisions of this Title, the Director shall prepare a written notice of the determination that <br />includes findings of noncompliance. <br />i. No proposed alteration, development, or permit shall be approved or issued if it is <br />determined that the proposed activity does not adequately mitigate its impacts on the <br />critical area(s) and/or does not comply with the provisions of this Title. <br />ii. Upon receiving a notice of determination that includes findings of noncompliance, the <br />applicant may request consideration of a revised critical areas report. <br />iii. If the revision is found to be substantial and relevant to the critical area review, the Director <br />may reopen the critical area review and make a new determination based on the revised <br />report. <br />4. The County's determination regarding critical areas pursuant to this Title shall be concurrent with the <br />final decision to approve, condition, or deny the development proposal or other alteration involved. <br />(Ord. 2021-016, 2021) <br /> <br />§ 17A.01.170. Enforcement. <br />1. Generally. When a critical area or its buffer has been altered in violation of this Title, all ongoing <br />development work shall stop, and the critical area and buffer shall be restored. The County shall have <br />the authority to issue a stop work order to cease all ongoing development work, and order restoration, <br />rehabilitation, or replacement measures at the owner's or other responsible party's expense to <br />compensate for violation of provisions of this Title. <br />2. Requirement for restoration plan. All development work shall remain stopped until a restoration plan <br />is prepared and approved by the County. Such a plan shall be prepared by a qualified professional <br />using best available science and shall describe how the actions proposed meet the minimum <br />requirements described below. Inadequate plans shall be returned to the applicant or violator for <br />revision and resubmittal. The County may consult with agencies of expertise to ensure plan adequacy.