KCC 17A_Critical Areas Ordinance Draft

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Kittitas County,WA § 17A.01.110 CRITICAL AREAS § 17A.01.110 i. No critical areas present. If after a site visit the director's analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed alteration or development is unlikely to degrade the functions or values of a critical area, then the director shall rule that the critical area review is complete and note on the underlying application the reasons that no further review is required. A summary of this information shall be included in any staff report or decision on the underlying permit. ii. Critical areas present, but no impact -Waiver. If the director determines there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed alteration or development is unlikely to degrade the functions or values of the critical area(s) or buffer(s), the director may waive the requirement for a critical areas report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met: 1. There will be no alteration of the critical area or associated riparian management zone or buffer; 2. The development proposal will not negatively impact a critical area or buffer. iii. Critical areas may be affected by proposal. If the director determines that a critical area or areas or buffer(s) may be affected by the proposal, then the director shall notify the applicant that a critical areas report must be submitted prior to further review of the project, as described in KCC § 17A.01.080.The director may use the following indicators to assist in determining the need for a critical areas report: 1. Indication of a critical area on the county critical areas maps that may be impacted by the proposed alteration or development; 2. Information and scientific opinions from appropriate agencies, including but not limited to the Washington State Departments of Fish and Wildlife and Ecology; 3. Documentation,from a scientific or other reasonable source,of the possible presence of a critical area; or 4. A finding by a qualified professional, or a reasonable belief by the director, that a critical area may exist on or adjacent to the site of the proposed alteration or development. d. Effect of director's determination. A determination regarding the apparent absence of one or more critical areas by the director is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received. If the applicant wants greater assurance of the accuracy of the critical area review determination,the applicant may choose to hire a qualified professional to provide such assurances. 3. Request for technical assistance. The Director may engage technical consultants or agencies with expertise to provide third party review and interpret critical area data and findings submitted by or on behalf of the applicant in instances where County staff lack the resources or expertise to review these materials. An applicant may be required to pay for or reimburse the County for the review costs incurred. 4. Pre-qualification of consultants. The Director may prepare and maintain a list of qualified technical consultants and firms that meet the qualified professional standards detailed in KCC § 17A.01.610. Downloaded from https:Hecode360.com/KI6857 on 2025-05-15