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BOARD OF COUNTY COMMISSIONERS
<br />COUNTY OF KITTITAS
<br />STATE OF WASHINGTON
<br />RESOLUTION NO. 2026-_____
<br />EXTENDING THE MORATORIUM ON ALL NEW APPLICATIONS
<br />INTENDING THE USE AND IMPLEMENTATION OF SECTION 17.13,
<br />TRANSFER OF DEVELOPMENT RIGHTS, OF THE KITTITAS COUNTY
<br />CODE
<br />WHEREAS, on June 8, 2026, the Kittitas County Board of County Commissioners adopted Resolution No. 2026-101, enacting an emergency moratorium on the acceptance of any new Transfer of Development Rights (TDR) applications within Kittitas County for a period of at least six (6) months from June 8, 2026, in direct response to concerns raised by Community Development Staff and the Washington State Department of Commerce regarding the County’s TDR program under KCC Chapter 17.13; and
<br />WHEREAS, the Washington State Department of Commerce, in its May 22, 2026 comment letter on the County’s 60-day notice of intent to amend development regulations (Exhibit B), strongly recommended that Kittitas County amend or rescind its current TDR program because implementation guidelines are ambiguous and misapplication may have the opposite effect of the program’s intent, which is encouraging growth in rural areas rather than directing it toward cities and Urban Growth Areas consistent with the Growth Management Act; and
<br />WHEREAS, Commerce specifically identified the following deficiencies in KCC Chapter 17.13 that must be addressed to align with GMA requirements: (a) definitions in KCC 17.13.015, particularly the definition of “Receiving site,” which broadly designates all rural lands without differentiation based on existing public infrastructure, services, or urban character, inconsistent with the GMA’s UGA framework under RCW 36.70A.110; (b) eligible receiving sites under KCC 17.13.030(1)(e), (f), and (g) (unincorporated PUDs, long plats increasing density, and all parcels designated as Rural Land), which allow broad rural-to-rural transfers without requiring proximity to infrastructure or consistency with urban growth policies; and (c) the exchange rate table and application process in KCC 17.13.080, which lack clarity on whether “additional units” are calculated on top of underlying zoning or represent total allowed density, and which include a “Rural Development” category that undermines rural character protections; and
<br />WHEREAS, TDR programs are intended under the GMA to protect natural resource lands (RCW 36.70A.070(5)) and rural character (RCW 36.70A.030(38)) by extinguishing development rights on sending sites (farm, forest, and rural lands) and directing density credits to appropriate urban receiving sites with infrastructure capacity; the current code’s provisions risk outcomes inconsistent with these statutory goals and the County’s own stated purpose in KCC 17.13.010; and
<br />WHEREAS, March 27, 2026, Commerce comment letter on the Comprehensive Plan Periodic Update (Exhibit C) identified related concerns with land use designations and zoning (including rural zoning classifications within UGAs), PUD zoning that spans urban and rural land use designations that directly affect consistent TDR implementation, receiving site eligibility, and density calculations; and
<br />WHEREAS, strong interest has developed in the use of the TDR program within Kittitas County, increasing both the number of potential applications and the risk that applications could vest or proceed under regulations that Commerce has identified as needing revision to protect rural character and direct growth appropriately; and
<br />WHEREAS, RCW 36.70A.390 authorizes a jurisdiction to initiate a moratorium on land use activities for up to six (6) months (with a required public hearing within 60 days) and for up to one (1) year when a work plan for related studies is developed; the statute further allows renewal for additional six-month periods upon subsequent public hearing and findings of fact; and
<br />WHEREAS, on August 4th, 2026, following proper public notice, the Board of County Commissioners held a public hearing on the proposed six (6)-month extension of the moratorium, at which it received and considered public testimony, the two Commerce comment letters, a CDS staff report, and the proposed work plan; and
<br />WHEREAS, the Board finds that extending the moratorium for six (6)-monthis necessary, reasonable, and narrowly tailored to protect the public health, safety, and welfare by: (a) allowing adequate time for comprehensive legal, policy, and technical analysis of the TDR program; (b) evaluating two primary paths—(1) comprehensive revision of KCC Chapter 17.13 to cure the deficiencies identified by Commerce or (2) repeal of the TDR program with appropriate transition provisions; (c) conducting meaningful stakeholder engagement with cities, potential sending-site landowners, developers, agricultural and forest interests, and the public; (d) coordinating TDR changes with the adopted 2026 Comprehensive Plan and related development regulation updates; (e) preventing the processing of new TDR applications under regulations that risk producing outcomes inconsistent with the GMA, the Comprehensive Plan, and the protection of rural character and natural resource lands; and (f) ensuring that any future TDR activity (or decision to discontinue the program) occurs under clear, defensible, and GMA-compliant rules; and
<br />WHEREAS, the Work Plan attached to this Resolution as Exhibit A has been developed to guide the required analysis, public engagement, and legislative actions during the extended moratorium period and satisfies the statutory prerequisite under RCW 36.70A.390 for a period longer than six months;
<br />NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Kittitas County, Washington, as follows:
<br />Section 1. Extension of Moratorium. The moratorium on accepting any new Transfer of Development Rights applications, as enacted by Resolution No. 2026-101, is hereby extended for a period of six (6)-months, commencing August 4th, 2026, and terminating on February 4th, 2027, unless further extended or terminated earlier by Board action. During this extended period, Kittitas County Community Development Services will not accept any new TDR applications. Existing letters of intent and certificates issued prior to the moratorium shall retain whatever validity period they held under the original code, subject to any future legislative changes. Current TDR applications submitted prior to June 8, 2026, shall be processed in accordance with the existing TDR regulations (KCC 17.13) at the time of application submittal.
<br />Section 2. Adoption of Findings of Fact. The Findings of Fact set forth in the recitals above are hereby adopted in full and incorporated herein by this reference as the Board’s official findings justifying the extension of the moratorium.
<br />Section 3. Adoption of Work Plan. The Work Plan attached to this Resolution as Exhibit A is hereby adopted. County staff is directed to implement the Work Plan in good faith, provide milestone deliverables as indicated in the Work Plan, and return to the Board with recommendations and proposed ordinance(s) for either comprehensive amendments to KCC Chapter 17.13 or repeal of the TDR program, together with any necessary transition or conforming amendments, prior to the expiration of the extended moratorium.
<br />Section 4. Severability. If any section, sentence, clause, or phrase of this Resolution is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase.
<br />Section 5. Effective Date. This Resolution shall take effect immediately upon adoption.
<br />ADOPTED this ____ day of August2026.BOARD OF COUNTY COMMISSIONERSKITTITAS COUNTY, WASHINGTON________________________________Brett Wachsmith, Chairman
<br />Attest:
<br />☐ Clerk of the Board- Julie Kjorsvik________________________________
<br />Laura Osiadacz, Vice-Chairman
<br />☐ Deputy Clerk of the Board- Mandy Buchholz
<br /> _______________________________Commissioner
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