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BOARD OF COUNTY COMMISSIONERS <br />COUNTY OF KITTITAS <br />STATE OF WASHINGTON <br />ordinance No. A 0 h\- Ol b <br />AN ORDINANCE CONCERNING THE UPDATE TO KITTITAS COUNTY CODE <br />TITLE 17A, CRITICAL AREAS ORDINANCE OF KITTITAS COTINTY <br />WHEREAS, RCW 36.704, the Growth Management Act (GMA), requires all local governments to <br />designate Critical Areas and develop regulations pertaining to their protection (RCW 36.70A.170(1)(d) and <br />RCW 36.704.060(2)); and <br />WHEREAS, the GMA defines five types of critical areas, being wetlands, areas with a critical recharging <br />effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded <br />areas, and geologically hazardous areas (RCW 36.70A.030(5); and <br />WHEREAS, the Kittitas County Board most recently updated the County's Critical Areas Ordinance <br />(CAO) in 1996 (Ordinance No. 96-14); and <br />WHEREAS, in 2017, Kittitas County considered updates to the CAO as part of the County's <br />Comprehensive Plan periodic update; and <br />WHEREAS, in 2018, the Kittitas County Planning Commission remanded the proposed CAO update to <br />stafffor additional changes; and <br />WHEREAS, the GMA requires Kittitas County to review and evaluate its development regulations, and <br />take legislative action, if needed, to revise its development regulations to ensure compliance with the <br />requirements of RCW 36.70A; and <br />WHEREAS, the minimum guidelines for what Kittitas County must include in the protection of each critical <br />areas is outlined in WAC 365-190-080; and <br />WHEREAS, the GMA also requires Kittitas County to include a review of the Best Available Science <br />(BAS), and give special consideration to the protection and conservation measures necessary to preserve <br />and/or enhance anadromous fisheries in its review of its development regulations; and <br />WHEREAS, in 2011, Washington State Legislature passed ESHB 1886, establishing the Voluntary <br />Stewardship Program to protect and enhance critical areas on land used for agricultural activities through <br />voluntary actions by agricultural operators; and <br />WHEREAS, on November 30tr', 2011, the Kittitas County Board of Counf Commissioners adopted <br />Ordinance No. 2011-012, electing to participate in the VSP, as an alternate to RCW 36.70,{.060; and <br />WHEREAS, the GMA (36.70A.020) also requires Kittitas County to consider and balance the thirteen (13) <br />goals of the Act; and <br />Critical Areas Ordinance Update <br />Page I I <br />December 7, 2021