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development be reduced. KCC 17.13.055(2)-(3) expressly authorizes decreased parcel sizes (down to one-half acre)when TDR credits are applied. On rural receiving sites this produces a more intensive built pattern inconsistent with the statutory definition of rural character. Conflict with Service Levels-RCW 36.70A.110 RCW 36.70A.110 directs that urban growth be located preferentially inside UGAs that already have or will have urban facilities and services. By making every rural land parcel a potential receiving site(KCC 17.13.030(1)(g)),the code bypasses this direction. Limits of the Innovative-Techniques-RCW 36.70A.070(5)(b) and .090 Density transfer is permitted only when the result remains consistent with rural character and is not characterized by urban growth. A program whose definitions and receiving-site list systematically authorize additional units on any rural land exceeds the intent of the TDR tool. Summary of Gaps with Code Citations Exact Code D. G-1 17.13.015 (Receiving All rural lands eligible; no RCW 36.70A.020(l)-(2); .110; site; TDR density credit); infrastructure differentiation .070(5)(c); .030(38) 17.13.030(1)(g) (May 22) G-2 17.13.030(1)(e) and(f) �PUDs and long plats increasing RCW 36.70A.070(5); .030(38) density as receiving sites (May 22) G-3 17.13.080(5)Rural rate; I Unclear application of RCW 36.70A.030(38); 17.13.055(2)-(3) "additional units"; rural 1:1 rate .070(5)(c) (May 22) G-4 17.13.015 definitions Definitions lack capacity/urban RCW 36.70A.1 10; .090 criteria(May 22) G-5 17.13.010(purpose Purpose does not constrain Internal consistency; RCW references 17.13.030(1)) receiving sites to urban/UGA 36.70A.090 G-6 Comp Plan(scattered No consolidated TDR section in RCW 36.70A.070(5)policy TDR references) Rural Element(March 27) clarity G-7 17.13.030(l)(d)-(e) + PUD spans urban/rural; RCW 36.70A.070(5)(d); .360 PUD/LAMIRD code LAMIRDs undifferentiated(both letters) Recommended Code Revisions to Close Identified Gaps Commerce's May 22 letter offers two procedural paths: amend or rescind the program, and/or adopt a temporary moratorium under RCW 36.70A.390. Kittitas County enacted a TDR moratorium on June 8, 2026,pursuant to the Department of Commerce recommendations. Substantive revisions that would resolve the cited gaps include: