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Ordinance 2025- <br /> <br />BOARD OF COUNTY COMMISSIONERS <br />COUNTY OF KITTITAS <br />STATE OF WASHINGTON <br /> <br />Ordinance No. 2025-_______ <br /> <br />An Ordinance Amending Kittitas County Code Title 17A, Critical Areas Ordinance <br /> <br /> <br />WHEREAS, RCW 36.70A, the Growth Management Act (GMA), requires all local governments to <br />designate Critical Areas and develop regulations pertaining to their protection (RCW <br />36.70A.170(1 )(d) and RCW 36.70A.060(2)); <br /> <br />WHEREAS, the GMA defines five types of critical areas, being wetlands, areas with a critical <br />recharging effect on aquifers used for potable water, fish and wildlife habitat <br />conservation areas, frequently flooded areas, and geologically hazardous areas <br />(RCW 36.70A.030(5); and <br /> <br />WHEREAS, the Kittitas County Board of County Commissioners after an arduous and public <br />process, adopted the most recent version of the County’s Critical Areas Ordinance at <br />a public hearing held on November 3, 2021; and <br /> <br />WHEREAS, the Confederated Tribes and Bands of the Yakima Nation (Petitioner) timely filed a <br />petition for review with the Eastern Washington Growth Hearings Board (GMHB) on <br />February 11, 2022, Case No. 22-1-0002; and <br /> <br />WHEREAS, on July 28th, 2022, a hearing on the merits was held; and <br /> <br />WHEREAS, on September 7th, 2022, the GMHB issued a final decision and order in favor of <br />Kittitas County on each issue; and <br /> <br />WHEREAS, the Petitioner filed an appeal of the GMHB’s decision to Superior Court in Thurston <br />County; and <br /> <br />WHEREAS, on March 20, 2023, the Thurston County Superior Court certified direct review to the <br />Division II Court of Appeals, where the Division II Court of Appeals transferred review <br />to the Division III court under Case No. 396711; and <br /> <br />WHEREAS, in July of 2024 the Kittitas County and the Petitioner entered settlement discussions <br />over the next eleven (11) months, which included numerous meetings and <br />correspondence from July 2024 through May of 2025 with the Yakama Nation; and <br /> <br />WHEREAS, on June 3rd, 2025, a joint status report was issued to the Division III Court of <br />Appeals, where both Parties (Kittitas County & Yakama Nation) confirmed settlement <br />negotiations have concluded regarding Case No. 396711, which will necessitate an <br />amended Ordinance; and