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Kittitas County, WA <br />$ r7A.0r.110 CRITICAL AREAS $ r7A.01.ilO <br />i. No critical areas present. Ifafter a site visit the director's analysis indicates that the project <br />area is not within or adjacent to a critical area or buffer and that the proposed alteration or <br />development is unlikely to degrade the functions or values of a critical area, then the <br />director shall rule that the critical area review is complete and note on the underlying <br />application the reasons that no further review is required. A summary of this information <br />shall be included in any staff report or decision on the underlying permit. <br />ii. Critical areas present, but no impact - Waiver. If the director determines there are critical <br />areas within or adjacent to the project area, but that the best available science shows that <br />the proposed alteration or development is unlikely to degrade the functions or values of the <br />critical area(s) or buffer(s), the director may waive the requirement for a critical areas <br />report. A waiver may be granted if there is substantial evidence that all of the following <br />requirements will be met: <br />1. There will be no alteration of the critical area or associated riparian management zone <br />or buffer; <br />2. The development proposal will not negatively impact a critical area or buffer. <br />iii. Critical areas may be affected by proposal. If the director determines that a critical area or <br />areas or buffer(s) may be affected by the proposal, then the director shall notify the <br />applicant that a critical areas report must be submitted prior to further review of the project, <br />as described in KCC $ 17A.01.080. The director may use the following indicators to assist <br />in determining the need for a critical areas report: <br />l. Indication of a critical area on the county critical areas maps that may be impacted by <br />the proposed alteration or development; <br />2. Information and scientific opinions from appropriate agencies, including but not <br />limited to the Washington State Departments of Fish and Wildlife and Ecology; <br />3. Documentation, from a scientific or other reasonable source, of the possible presence <br />ofa critical area; or <br />4. A finding by a qualified professional, or a reasonable belief by the director, that a <br />critical area may exist on or adjacent to the site of the proposed alteration or <br />development. <br />d. Effect of director's determination. A determination regarding the apparent absence of one or <br />more critical areas by the director is not an expert certification regarding the presence ofcritical <br />areas and the determination is subject to possible reconsideration and reopening if new <br />information is received. If the applicant wants greater assurance of the accuracy of the critical <br />area review determination, the applicant may choose to hire a qualified professional to provide <br />such assurances. <br />Request for technical assistance. The Director may engage technical consultants or agencies with <br />expertise to provide third party review and interpret critical area data and findings submitted by or on <br />behalf of the applicant in instances where County staff lack the resources or expertise to review these <br />materials. An applicant may be required to pay for or reimburse the County for the review costs <br />incurred. <br />Pre-qualification of consultants. The Director may prepare and maintain a list of qualified technical <br />consultants and firms that meet the qualified professional standards detailed in KCC $ 17A.01 .6 10. <br />J <br />4. <br />Downloaded from https://ecode360.com/Kl6857 on 2025-05-15