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KCC 17A_Critical Areas Ordinance Draft
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2026-05-12 6:00 PM - Planning Commission Public Hearing
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KCC 17A_Critical Areas Ordinance Draft
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5/8/2026 11:59:34 AM
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Meeting
Date
5/12/2026
Meeting title
Planning Commission Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
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Kittitas County,WA <br /> § 17A.01.050 KITTITAS COUNTY CODE § 17A.01.060 <br /> identified in KCC § 17A.03.030. <br /> }k_Utility line work.Public and private utility line work(new construction,maintenance,and repair) <br /> within improved surfaces (e.g., driveways, parking lots, concrete or asphalt surfaces, gravel <br /> roads and road shoulders, and hard surface-earthen rights-of-way or easements). <br /> 1. Harvesting of wild crops.The harvesting of wild crops in a manner that is not injurious to natural <br /> reproduction of such crops and provided the harvesting does not require tilling of soil,planting <br /> of crops,chemical applications,or alteration of the critical area or its buffer by changing existing <br /> topography,water conditions, or water sources. <br /> k-.m. Repair and maintenance of legally established non-conforming uses or structures,provided they <br /> do not increase the degree of nonconformity. <br /> (Ord. 2021-016,2021) <br /> § 17A.01.060. Exceptions. <br /> 1. Public agency and utility. If the application of this Title would prohibit a proposed development by a <br /> public agency or public utility, the agency or utility may apply for an exception pursuant to the <br /> following: <br /> a. Exception request and review process. An application for a public agency and utility exception <br /> shall be made to the County and shall include a critical areas report, as described in KCC <br /> § 17A.01.080,including mitigation plan,if necessary; and any other related project documents, <br /> such as permit applications to other agencies, special studies, and environmental documents <br /> prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The <br /> application shall follow the administrative project permit review process outlined in KCC <br /> Chapter 15A.03. <br /> b. Director review.The Director shall approve,approve with conditions,or deny the request based <br /> on the proposal's ability to comply with all the reasonable use exception criteria in Subsection <br /> 2(c). <br /> C. Public agency and utility review criteria. The criteria for review and approval of public agency <br /> and utility exceptions are as follows: <br /> i. There is no other practical alternative to the proposed development with less impact on the <br /> critical area and its buffer; <br /> ii. The application of this Title would unreasonably restrict the ability to provide utility and/ <br /> or agency services to the public; <br /> iii. The proposal does not pose an unreasonable threat to the public health, safety, or welfare <br /> on or off the development proposal site; <br /> iv. The proposal attempts to protect and mitigate impacts to the critical area functions and <br /> values consistent with the best available science; and <br /> V. The proposal is consistent with other applicable regulations and standards. <br /> d. Burden of proof. The burden of proof shall be on the applicant to bring forth evidence in support <br /> of the application and to provide sufficient information on which any decision must be made on <br /> the application. <br /> 2. Reasonable use. If the application of this Title would deny all reasonable economic use of the subject <br /> property, the County shall determine if the property owner may apply for an exception pursuant to <br /> Downloaded from https:Hecode360.com/KI6857 on 2025-05-15 <br />
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