KCC 17A_Critical Areas Ordinance Draft

Home Browse Search

Kittitas County,WA § 17A.01.100 KITTITAS COUNTY CODE § 17A.01.110 separate account. The County will use such funds to arrange for completion of the project or mitigation,and follow-up corrective actions. h. Depletion, failure, or collection of financial guarantees shall not discharge the obligation of an applicant or violator to complete required mitigation,maintenance,monitoring, or restoration. 4. Mitigation banking and in-lieu fee mitigation.The County may approve mitigation banking and/or in- lieu fee mitigation as a form of compensatory mitigation for wetland and fish and wildlife habitat conservation area impacts when the provisions of this Title require mitigation and when the use of a mitigation bank/in-lieu fee program will provide equivalent or greater replacement of critical area functions and values when compared to conventional permittee-responsible mitigation. Mitigation banks and in-lieu fee program shall only be used when it can be demonstrated that they provide significant ecological benefits including long-term conservation of critical areas, important species, habitats and/or habitat linkages, and when they are documented to provide a viable alternative to the piecemeal mitigation for individual project impacts to achieve ecosystem-based conservation goals. Mitigation banks and in-lieu fee programs shall not be used unless they are certified in accordance with applicable federal and state mitigation rules and expressly authorized through County legislative action. (Ord. 2021-016,2021) § 17A.01.110. Review process. 1. Administrative procedures and rules. The administrative procedures followed during the critical area review process shall conform to the standards and requirements of all development and alterations. This shall include,but not be limited to,timing,appeals,and fees associated with applications covered by this Title. 2. General requirements. a. Submittal. Prior to the county's consideration of any proposed alteration or development not found to be exempt under KCC§ 17A.01.050,the applicant shall submit to the County complete information regarding the critical area on the application for the underlying development, on forms provided by the county. b. As part of critical areas review,the County shall: i. Verify the information submitted by the applicant; ii. Evaluate the project area and vicinity for critical areas and buffers; iii. Determine whether the applicant is required to seek additional critical area consultation with qualified professionals and/or agencies, which may include a joint site visit with county staff, agency staff, and/or qualified professionals; (1) This additional consultation may be required for,but is not limited to,areas which contain unmapped critical areas and/ or difficult mitigation circumstances. iv. Determine whether the proposed development is likely to impact the functions or values of critical areas; and V. Determine if the proposed development avoids impacts or adequately addresses the impacts to the critical area and buffer associated with the alteration or development. C. Make a review determination: Downloaded from https:Hecode360.com/KI6857 on 2025-05-15